HB 1117

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). Notwithstanding the
34	provisions of this section, the authority may share and disclose
35	appraisal reports, appraisal information, offers, and
36	counteroffers when joint acquisition of property is
37	contemplated. The authority shall maintain the confidentiality
38	of such appraisal reports, appraisal information, offers, and
39	counteroffers in conformance with this section except in those
40	cases in which the authority has exercised discretion to
41	disclose such information. The authority may disclose appraisal
42	information, offers, and counteroffers to a third party who has
43	entered into a contractual agreement with the authority to work
44	with or on the behalf of or to assist the authority in
45	connection with land acquisitions. The third party shall
46	maintain the confidentiality of such information in conformance
47	with this section. In addition, the authority may use as its own
48	appraisals obtained by a third party under contract with the
49	authority to provide such services, provided the appraisals are
50	reviewed and approved by the authority.
51	(2)  Subsection (1) is subject to the Open Government
52	Sunset Review Act of 1995 in accordance with s. 119.15 and shall
53	stand repealed on October 2, 2011, unless reviewed and saved
54	from repeal through reenactment by the Legislature.
55	Section 2.  The Legislature finds that it is a public
56	necessity that proprietary confidential business information
57	contained in appraisal reports, offers, and counteroffers be
58	kept confidential when held by a local governmental entity or
59	agency. Disclosure of this proprietary confidential business
60	information in a local governmental entity's or agency's
61	possession would adversely affect the goal of the purchase of
62	lands for the public good using public funds at competitive
63	prices resulting from negotiations between parties. Further,
64	each party is entitled to independently obtain appraisal reports
65	and property value information regarding said property.
66	Disclosure of the appraisal report or property information by
67	the governmental entity or agency could create an unfair
68	disadvantage for the governmental entity or agency during
69	negotiations. Release of appraisal reports, offers, and
70	counteroffers could impair full and fair competition between the
71	negotiating parties. Thus, the public and private harm in
72	disclosing this information significantly outweighs any public
73	benefit derived from disclosure, and the public's ability to
74	scrutinize and monitor agency action is not diminished by
75	nondisclosure of this information.
76	Section 3.  This act shall take effect on the same date
77	that HB 1115 or similar legislation takes effect, if such
78	legislation is adopted in the same legislative session or an
79	extension thereof and becomes law.

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