Florida Senate - 2006 SENATOR AMENDMENT
Bill No. SB 2076
Barcode 921354
CHAMBER ACTION
Senate House
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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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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16 repealed on October 2, 2011, unless reviewed and saved from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,
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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 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.
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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
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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.
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