HB 1411

1	A bill to be entitled
2	An act relating to public records; creating s. 343.59,
3	F.S.; providing an exemption from public records
4	requirements for certain appraisal reports, offers, and
5	counteroffers relating to land acquisition by the South
6	Florida Regional Transportation Authority; providing that
7	the exemption expires upon execution of a certain contract
8	or at a certain time before a purchase contract or
9	agreement is considered for approval; providing exceptions
10	to the exemption; providing for future legislative review
11	and repeal; providing a finding of public necessity;
12	providing a contingent effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Section 343.59, Florida Statutes, is created to
17	read:
18	343.59  Confidentiality of appraisal reports, offers, and
19	counteroffers.--
20	(1)  Appraisal reports, offers, and counteroffers relating
21	to land acquisition by the authority are confidential and exempt
22	from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
23	State Constitution until an option contract is executed or, if
24	no option contract is executed, until 30 days before a contract
25	or agreement for purchase is considered for approval by the
26	authority's governing board. However, the authority may, at its
27	discretion, disclose appraisal reports to private landowners
28	during negotiations for acquisitions using alternatives to fee
29	simple techniques if the authority determines that disclosure of
30	such reports will bring the proposed acquisition to closure. In
31	the event that negotiations are terminated by the authority, the
32	appraisal reports, offers, and counteroffers shall become
33	available pursuant to s. 119.07(1) and s. 24(a), Art. I of the
34	State Constitution. Notwithstanding the provisions of this
35	section, the authority may share and disclose appraisal reports,
36	appraisal information, offers, and counteroffers when joint
37	acquisition of property is contemplated. The authority shall
38	maintain the confidentiality of such appraisal reports,
39	appraisal information, offers, and counteroffers in conformance
40	with this section except in those cases in which the authority
41	has exercised discretion to disclose such information. The
42	authority may disclose appraisal information, offers, and
43	counteroffers to a third party who has entered into a
44	contractual agreement with the authority to work with or on the
45	behalf of or to assist the authority in connection with land
46	acquisitions. The third party shall maintain the confidentiality
47	of such information in conformance with this section. In
48	addition, the authority may use as its own appraisals obtained
49	by a third party under contract with the authority to provide
50	such services, provided the appraisals are reviewed and approved
51	by the authority.
52	(2)  Subsection (1) is subject to the Open Government
53	Sunset Review Act of 1995 in accordance with s. 119.15 and shall
54	stand repealed on October 2, 2010, unless reviewed and saved
55	from repeal through reenactment by the Legislature.
56	Section 2.  The Legislature finds that it is a public
57	necessity that proprietary confidential business information
58	contained in appraisal reports, offers, and counteroffers be
59	kept confidential when held by a local governmental entity or
60	agency. Disclosure of this proprietary confidential business
61	information in a local governmental entity's or agency's
62	possession would adversely affect the goal of the purchase of
63	lands for the public good using public funds at competitive
64	prices resulting from negotiations between parties. Further,
65	each party is entitled to independently obtain appraisal reports
66	and property value information regarding said property.
67	Disclosure of the appraisal report or property information by
68	the governmental entity or agency could create an unfair
69	disadvantage for the governmental entity or agency during
70	negotiations. Release of appraisal reports, offers, and
71	counteroffers could impair full and fair competition between the
72	negotiating parties. Thus, the public and private harm in
73	disclosing this information significantly outweighs any public
74	benefit derived from disclosure, and the public's ability to
75	scrutinize and monitor agency action is not diminished by
76	nondisclosure of this information.
77	Section 3.  This act shall take effect on the same date
78	that HB 1409 or similar legislation takes effect, if such
79	legislation is adopted in the same legislative session or an
80	extension thereof and becomes law.

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