Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. SB 2076
                        Barcode 921354
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 1/AD/2R          .                    
       05/03/2006 02:47 PM         .                    
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11  Senator Geller moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
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16  and insert:  
17         Section 1.  Section 343.59, Florida Statutes, is
18  created to read:
19         343.59  Confidentiality of appraisal reports, offers,
20  and counteroffers.--
21         (1)  Appraisal reports, offers, and counteroffers
22  relating to land acquisition by the authority are confidential
23  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
24  Constitution until an option contract is executed or, if no
25  option contract is executed, until 30 days before a contract
26  or agreement for purchase is considered for approval by the
27  authority's governing board.
28         (2)  The authority may, at its discretion, disclose
29  appraisal reports to private landowners during negotiations
30  for acquisitions using alternatives to fee simple techniques
31  if the authority determines that disclosure of such reports
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    8:32 AM   05/02/06                               s2076d-31-c7t

Florida Senate - 2006 SENATOR AMENDMENT Bill No. SB 2076 Barcode 921354 1 will bring the proposed acquisition to closure. In the event 2 that negotiations are terminated by the authority, the 3 appraisal reports, offers, and counteroffers shall become 4 available pursuant to s. 119.07(1) and s. 24(a), Art. I of the 5 State Constitution. 6 (3) The authority may share and disclose appraisal 7 reports, appraisal information, offers, and counteroffers when 8 joint acquisition of property is contemplated. 9 (4) The authority may disclose appraisal information, 10 offers, and counteroffers to a third party who has entered 11 into a contractual agreement with the authority to work with 12 or on the behalf of or to assist the authority in connection 13 with land acquisitions. 14 (5) This section is subject to the Open Government 15 Sunset Review Act in accordance with s. 119.15 and shall stand 16 repealed on October 2, 2011, unless reviewed and saved from 17 repeal through reenactment by the Legislature. 18 Section 2. The Legislature finds that it is a public 19 necessity that appraisal reports, offers, and counteroffers be 20 kept confidential and exempt from public records requirements 21 when held by the South Florida Regional Transportation 22 Authority. Disclosure would adversely affect the goal of the 23 purchase of lands for the public good using public funds at 24 competitive prices resulting from negotiations between 25 parties. Further, each party is entitled to independently 26 obtain appraisal reports and property value information 27 regarding said property. Disclosure of the appraisal report or 28 property information by the authority could create an unfair 29 disadvantage for the authority during negotiations. Release of 30 appraisal reports, offers, and counteroffers could impair full 31 and fair competition between the negotiating parties. Thus, 2 8:32 AM 05/02/06 s2076d-31-c7t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. SB 2076 Barcode 921354 1 the public and private harm in disclosing this information 2 significantly outweighs any public benefit derived from 3 disclosure, and the public's ability to scrutinize and monitor 4 agency action is not diminished by nondisclosure of this 5 information. 6 Section 3. This act shall take effect on the same date 7 that SB 2078 or similar legislation takes effect, if such 8 legislation is adopted in the same legislative session or an 9 extension thereof and becomes law. 10 11 12 ================ T I T L E A M E N D M E N T =============== 13 And the title is amended as follows: 14 Delete everything before the enacting clause 15 16 and insert: 17 A bill to be entitled 18 An act relating to public records; creating s. 19 343.59, F.S.; providing an exemption from 20 public records requirements for certain 21 appraisal reports, offers, and counteroffers 22 relating to land acquisition by the South 23 Florida Regional Transportation Authority; 24 providing that the exemption expires upon 25 execution of a certain contract or at a certain 26 time before a purchase contract or agreement is 27 considered for approval; providing exceptions 28 to the exemption; providing for future 29 legislative review and repeal; providing a 30 finding of public necessity; providing a 31 contingent effective date. 3 8:32 AM 05/02/06 s2076d-31-c7t