Senate Bill sb2526

    Florida Senate - 2005                                  SB 2526

    By Senator Geller





    31-1680-05                                         See HB 1411

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         343.59, F.S.; providing an exemption from

  4         public-records requirements for certain

  5         appraisal reports, offers, and counteroffers

  6         relating to land acquisition by the South

  7         Florida Regional Transportation Authority;

  8         providing that the exemption expires upon

  9         execution of a certain contract or at a certain

10         time before a purchase contract or agreement is

11         considered for approval; providing exceptions

12         to the exemption; providing for future

13         legislative review and repeal; providing a

14         finding of public necessity; providing a

15         contingent effective date.

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

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19         Section 1.  Section 343.59, Florida Statutes, is

20  created to read:

21         343.59  Confidentiality of appraisal reports, offers,

22  and counteroffers.--

23         (1)  Appraisal reports, offers, and counteroffers

24  relating to land acquisition by the authority are confidential

25  and exempt from the provisions of s. 119.07(1) and s. 24(a),

26  Art. I of the State Constitution until an option contract is

27  executed or, if no option contract is executed, until 30 days

28  before a contract or agreement for purchase is considered for

29  approval by the authority's governing board. However, the

30  authority may, at its discretion, disclose appraisal reports

31  to private landowners during negotiations for acquisitions

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    Florida Senate - 2005                                  SB 2526
    31-1680-05                                         See HB 1411




 1  using alternatives to fee-simple techniques if the authority

 2  determines that disclosure of such reports will bring the

 3  proposed acquisition to closure. In the event that

 4  negotiations are terminated by the authority, the appraisal

 5  reports, offers, and counteroffers shall become available

 6  pursuant to s. 119.07(1) and s. 24(a), Art. I of the State

 7  Constitution. Notwithstanding the provisions of this section,

 8  the authority may share and disclose appraisal reports,

 9  appraisal information, offers, and counteroffers when joint

10  acquisition of property is contemplated. The authority shall

11  maintain the confidentiality of such appraisal reports,

12  appraisal information, offers, and counteroffers in

13  conformance with this section, except in those cases in which

14  the authority has exercised discretion to disclose such

15  information. The authority may disclose appraisal information,

16  offers, and counteroffers to a third party who has entered

17  into a contractual agreement with the authority to work with

18  or on the behalf of or to assist the authority in connection

19  with land acquisitions. The third party shall maintain the

20  confidentiality of such information in conformance with this

21  section. In addition, the authority may use as its own

22  appraisals obtained by a third party under contract with the

23  authority to provide such services, provided the appraisals

24  are reviewed and approved by the authority.

25         (2)  Subsection (1) is subject to the Open Government

26  Sunset Review Act of 1995 in accordance with s. 119.15 and

27  shall stand repealed on October 2, 2010, unless reviewed and

28  saved from repeal through reenactment by the Legislature.

29         Section 2.  The Legislature finds that it is a public

30  necessity that proprietary confidential business information

31  contained in appraisal reports, offers, and counteroffers be

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    Florida Senate - 2005                                  SB 2526
    31-1680-05                                         See HB 1411




 1  kept confidential when held by a local governmental entity or

 2  agency. Disclosure of this proprietary confidential business

 3  information in a local governmental entity's or agency's

 4  possession would adversely affect the goal of the purchase of

 5  lands for the public good using public funds at competitive

 6  prices resulting from negotiations between parties. Further,

 7  each party is entitled to independently obtain appraisal

 8  reports and property value information regarding that

 9  property. Disclosure of the appraisal report or property

10  information by the governmental entity or agency could create

11  an unfair disadvantage for the governmental entity or agency

12  during negotiations. Release of appraisal reports, offers, and

13  counteroffers could impair full and fair competition between

14  the negotiating parties. Thus, the public and private harm in

15  disclosing this information significantly outweighs any public

16  benefit derived from disclosure, and the public's ability to

17  scrutinize and monitor agency action is not diminished by

18  nondisclosure of this information.

19         Section 3.  This act shall take effect on the same date

20  that HB 1409 or similar legislation takes effect, but it shall

21  not take effect unless such legislation is adopted in the same

22  legislative session or an extension thereof and becomes law.

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