HB 1117

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45Review Act in accordance with s. 119.15 and shall stand repealed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


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