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45 | Review Act in accordance with s. 119.15 and shall stand repealed |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