| 1 | The Governmental Operations Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to public records; creating s. 343.59, |
| 8 | F.S.; providing an exemption from public records |
| 9 | requirements for certain appraisal reports, offers, and |
| 10 | counteroffers relating to land acquisition by the South |
| 11 | Florida Regional Transportation Authority; providing that |
| 12 | the exemption expires upon execution of a certain contract |
| 13 | or at a certain time before a purchase contract or |
| 14 | agreement is considered for approval; providing exceptions |
| 15 | to the exemption; providing for future legislative review |
| 16 | and repeal; providing a finding of public necessity; |
| 17 | providing a contingent effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Section 343.59, Florida Statutes, is created to |
| 22 | read: |
| 23 | 343.59 Confidentiality of appraisal reports, offers, and |
| 24 | counteroffers.-- |
| 25 | (1) Appraisal reports, offers, and counteroffers relating |
| 26 | to land acquisition by the authority are confidential and exempt |
| 27 | from s. 119.07(1) and s. 24(a), Art. I of the State Constitution |
| 28 | until an option contract is executed or, if no option contract |
| 29 | is executed, until 30 days before a contract or agreement for |
| 30 | purchase is considered for approval by the authority's governing |
| 31 | board. |
| 32 | (2) The authority may, at its discretion, disclose |
| 33 | appraisal reports to private landowners during negotiations for |
| 34 | acquisitions using alternatives to fee simple techniques if the |
| 35 | authority determines that disclosure of such reports will bring |
| 36 | the proposed acquisition to closure. In the event that |
| 37 | negotiations are terminated by the authority, the appraisal |
| 38 | reports, offers, and counteroffers shall become available |
| 39 | pursuant to s. 119.07(1) and s. 24(a), Art. I of the State |
| 40 | Constitution. |
| 41 | (3) The authority may share and disclose appraisal |
| 42 | reports, appraisal information, offers, and counteroffers when |
| 43 | joint acquisition of property is contemplated. |
| 44 | (4) The authority may disclose appraisal information, |
| 45 | offers, and counteroffers to a third party who has entered into |
| 46 | a contractual agreement with the authority to work with or on |
| 47 | the behalf of or to assist the authority in connection with land |
| 48 | acquisitions. |
| 49 | (5) This section is subject to the Open Government Sunset |
| 50 | Review Act in accordance with s. 119.15 and shall stand repealed |
| 51 | on October 2, 2011, unless reviewed and saved from repeal |
| 52 | through reenactment by the Legislature. |
| 53 | Section 2. The Legislature finds that it is a public |
| 54 | necessity that appraisal reports, offers, and counteroffers be |
| 55 | kept confidential and exempt from public records requirements |
| 56 | when held by the South Florida Regional Transportation |
| 57 | Authority. Disclosure would adversely affect the goal of the |
| 58 | purchase of lands for the public good using public funds at |
| 59 | competitive prices resulting from negotiations between parties. |
| 60 | Further, each party is entitled to independently obtain |
| 61 | appraisal reports and property value information regarding said |
| 62 | property. Disclosure of the appraisal report or property |
| 63 | information by the authority could create an unfair disadvantage |
| 64 | for the authority during negotiations. Release of appraisal |
| 65 | reports, offers, and counteroffers could impair full and fair |
| 66 | competition between the negotiating parties. Thus, the public |
| 67 | and private harm in disclosing this information significantly |
| 68 | outweighs any public benefit derived from disclosure, and the |
| 69 | public's ability to scrutinize and monitor agency action is not |
| 70 | diminished by nondisclosure of this information. |
| 71 | Section 3. This act shall take effect on the same date |
| 72 | that HB 1115 or similar legislation takes effect, if such |
| 73 | legislation is adopted in the same legislative session or an |
| 74 | extension thereof and becomes law. |