Senate Bill sb2158c1

    Florida Senate - 2004                           CS for SB 2158

    By the Committee on Governmental Oversight and Productivity;
    and Senator Fasano




    302-2640-04

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         253.034, F S.; providing a time-limited

  4         exemption from public records requirements for

  5         information regarding valuation of surplus

  6         state-owned land before the associated

  7         agreement for purchase, exchange, or disposal

  8         is first considered for approval by the Board

  9         of Trustees of the Internal Improvement Trust

10         Fund; authorizing the Division of State Lands

11         in the Department of Environmental Protection

12         to disclose valuation information under certain

13         circumstances, notwithstanding the

14         confidentiality requirement; providing for

15         future legislative review and repeal; providing

16         a statement of public necessity; providing an

17         effective date.

18  

19  Be It Enacted by the Legislature of the State of Florida:

20  

21         Section 1.  Paragraph (g) of subsection (6) of section

22  253.034, Florida Statutes, is amended to read:

23         253.034  State-owned lands; uses.--

24         (6)  The Board of Trustees of the Internal Improvement

25  Trust Fund shall determine which lands, the title to which is

26  vested in the board, may be surplused. For conservation lands,

27  the board shall make a determination that the lands are no

28  longer needed for conservation purposes and may dispose of

29  them by an affirmative vote of at least three members. In the

30  case of a land exchange involving the disposition of

31  conservation lands, the board must determine by an affirmative

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2158
    302-2640-04




 1  vote of at least three members that the exchange will result

 2  in a net positive conservation benefit. For all other lands,

 3  the board shall make a determination that the lands are no

 4  longer needed and may dispose of them by an affirmative vote

 5  of at least three members.

 6         (g)  The sale price of lands determined to be surplus

 7  pursuant to this subsection shall be determined by the

 8  division and shall take into consideration an appraisal of the

 9  property, or, when the estimated value of the land is less

10  than $100,000, a comparable sales analysis or a broker's

11  opinion of value, and the price paid by the state to

12  originally acquire the lands.

13         1.  A written valuation of land determined to be

14  surplus pursuant to this subsection, and related documents

15  used to form the valuation or which discuss the valuation, are

16  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

17  of the State Constitution, until 2 weeks before the contract

18  or agreement regarding surplus land purchase, exchange, or

19  disposal is first considered for approval by the board.  The

20  division may, notwithstanding this exemption, disclose

21  appraisals, valuations, or valuation information about surplus

22  land during negotiations for the sale or exchange of the land,

23  during the marketing effort or bidding process associated with

24  the sale or exchange of the land to facilitate closure of such

25  effort or process, when the passage of time has made the

26  conclusions of value invalid, or when negotiations or

27  marketing efforts concerning the land are concluded. This

28  subparagraph is subject to the Open Government Sunset Review

29  Act of 1995 in accordance with s. 119.15, and shall stand

30  repealed on October 2, 2009, unless reviewed and saved from

31  repeal through reenactment by the Legislature.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2158
    302-2640-04




 1         2.  A unit of government that acquires title to lands

 2  hereunder for less than appraised value may not sell or

 3  transfer title to all or any portion of the lands to any

 4  private owner for a period of 10 years. Any unit of government

 5  seeking to transfer or sell lands pursuant to this paragraph

 6  shall first allow the board of trustees to reacquire such

 7  lands for the price at which the board sold such lands.

 8         Section 2.  The Legislature finds that temporarily

 9  preserving the confidentiality of information about the

10  valuation of state-owned lands to be disposed of as surplus

11  under section 253.034(6), Florida Statutes, is a public

12  necessity.  The Legislature further finds that this temporary

13  exemption from the public records law helps ensure the maximum

14  return to the state from the disposition of surplus lands and

15  that earlier public access to this information would impede

16  development of agreements that maximize such return by

17  providing persons interested in buying or trading for surplus

18  land an unfair advantage during negotiation or bidding

19  processes to sell, exchange, or dispose of the land.

20         Section 3.  This act shall take effect July 1, 2004.

21  

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                             SB 2158

24                                 

25  Makes the written valuation exempt until 2 weeks before the
    contract or agreement regarding surplus land purchase,
26  exchange, or disposal is first considered for approval by the
    board.
27  
    Corrects a grammatical error.
28  

29  

30  

31  

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CODING: Words stricken are deletions; words underlined are additions.