HB 1411CS

CHAMBER ACTION




1The Governmental Operations Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to public records; creating s. 343.59,
7F.S.; creating an exemption from public records
8requirements for certain appraisal reports, offers, and
9counteroffers relating to land acquisition by the South
10Florida Regional Transportation Authority; providing that
11the exemption expires upon execution of a certain contract
12or at a certain time before a purchase contract or
13agreement is considered for approval; providing exceptions
14to the exemption; providing for future legislative review
15and repeal; providing a finding of public necessity;
16providing a contingent effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Section 343.59, Florida Statutes, is created to
21read:
22     343.59  Public records exemption for appraisal reports,
23offers, and counteroffers for the South Florida Regional
24Transportation Authority.--
25     (1)  Appraisal reports, offers, and counteroffers relating
26to land acquisition by the South Florida Regional Transportation
27Authority are confidential and exempt from s. 119.07(1) and s.
2824(a), Art. I of the State Constitution, until an option
29contract is executed or, if no option contract is executed,
30until 30 days before a contract or agreement for purchase is
31considered for approval by the authority's governing board. In
32the event that negotiations are terminated by the authority, the
33confidential and exempt appraisal reports, offers, and
34counteroffers shall be made public pursuant to s. 119.07(1) and
35s. 24(a), Art. I of the State Constitution.
36     (2)  The authority may, at its discretion, disclose
37confidential and exempt:
38     (a)  Appraisal reports to private landowners during
39negotiations for acquisitions using alternatives to fee simple
40techniques if the authority determines that disclosure of the
41appraisal reports will bring the proposed acquisition to
42closure.
43     (b)  Appraisal reports, offers, and counteroffers when
44joint acquisition of property is contemplated.
45     (c)  Appraisal reports, offers, and counteroffers to a
46third party who has entered into a contractual agreement with
47the authority to work with or on behalf of or to assist the
48authority in connection with land acquisitions. The third party
49shall maintain the confidential and exempt status of such
50information.
51     (3)  This section is subject to the Open Government Sunset
52Review Act of 1995 in accordance with s. 119.15 and shall stand
53repealed on October 2, 2010, unless reviewed and saved from
54repeal through reenactment by the Legislature.
55     Section 2.  The Legislature finds that it is a public
56necessity that appraisal reports, offers, and counteroffers
57relating to land acquisition by the South Florida Regional
58Transportation Authority be made confidential and exempt from
59public records requirements. Disclosure of such appraisal
60reports, offers, and counteroffers would adversely affect the
61goal of the purchase of lands for the public good using public
62funds at competitive prices resulting from negotiations between
63parties. Each party is entitled to independently obtain
64appraisal reports and property value information regarding said
65property. Disclosure of the appraisal report, offer, or
66counteroffer could create an unfair disadvantage for the South
67Florida Regional Transportation Authority during negotiations.
68Release of such appraisal reports, offers, and counteroffers
69could impair full and fair competition between the negotiating
70parties. Thus, the public and private harm in disclosing such
71information significantly outweighs any public benefit derived
72from public disclosure. Furthermore, the public's ability to
73scrutinize and monitor the authority's actions is not diminished
74by nondisclosure of this information because the exemption
75expires once an option contract is executed or, if no option
76contract is executed, 30 days before a contract or agreement for
77purchase is considered for approval by the authority's governing
78board. In addition, if negotiations are terminated by the
79authority, then the confidential and exempt appraisal reports,
80offers, and counteroffers are made public.
81     Section 3.  This act shall take effect on the same date
82that HB 1409 or similar legislation takes effect, if such
83legislation is adopted in the same legislative session or an
84extension thereof and becomes law.


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