Senate Bill sb0608
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Florida Senate - 2007 SB 608
By Senator Geller
31-232-07
1 A bill to be entitled
2 An act relating to public records; creating s.
3 343.59, F.S.; providing an exemption from
4 public-records requirements for certain
5 appraisal reports, offers, and counteroffers
6 relating to land acquisition by the South
7 Florida Regional Transportation Authority;
8 providing that the exemption expires upon
9 execution of a certain contract or at a certain
10 time before a purchase contract or agreement is
11 considered for approval; providing exceptions
12 to the exemption; providing for future
13 legislative review and repeal; providing a
14 finding of public necessity; providing a
15 contingent effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 343.59, Florida Statutes, is
20 created to read:
21 343.59 Confidentiality of appraisal reports, offers,
22 and counteroffers.--
23 (1) Appraisal reports, offers, and counteroffers
24 relating to land acquisition by the authority are confidential
25 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
26 Constitution until an option contract is executed or, if no
27 option contract is executed, until 30 days before a contract
28 or agreement for purchase is considered for approval by the
29 authority's governing board. However, the authority may, at
30 its discretion, disclose appraisal reports to private
31 landowners during negotiations for acquisitions using
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Florida Senate - 2007 SB 608
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1 alternatives to fee-simple techniques if the authority
2 determines that disclosure of such reports will bring the
3 proposed acquisition to closure. If negotiations are
4 terminated by the authority, the appraisal reports, offers,
5 and counteroffers shall become available pursuant to s.
6 119.07(1) and s. 24(a), Art. I of the State Constitution.
7 Notwithstanding this section, the authority may share and
8 disclose appraisal reports, appraisal information, offers, and
9 counteroffers when joint acquisition of property is
10 contemplated. The authority shall maintain the confidentiality
11 of such appraisal reports, appraisal information, offers, and
12 counteroffers in conformance with this section, except in
13 those cases in which the authority has exercised discretion to
14 disclose such information. The authority may disclose
15 appraisal information, offers, and counteroffers to a third
16 party who has entered into a contractual agreement with the
17 authority to work with or on behalf of or to assist the
18 authority in connection with land acquisitions. The third
19 party shall maintain the confidentiality of such information
20 in conformance with this section. In addition, the authority
21 may use as its own appraisals obtained by a third party under
22 contract with the authority to provide such services, if the
23 appraisals are reviewed and approved by the authority.
24 (2) Subsection (1) is subject to the Open Government
25 Sunset Review Act in accordance with s. 119.15 and shall stand
26 repealed on October 2, 2012, unless reviewed and saved from
27 repeal through reenactment by the Legislature.
28 Section 2. The Legislature finds that it is a public
29 necessity that proprietary confidential business information
30 contained in appraisal reports, offers, and counteroffers be
31 kept confidential when held by a local governmental entity or
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Florida Senate - 2007 SB 608
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1 agency. Disclosure of this proprietary confidential business
2 information in a local governmental entity's or agency's
3 possession would adversely affect the goal of the purchase of
4 lands for the public good using public funds at competitive
5 prices resulting from negotiations between parties. Further,
6 each party is entitled to independently obtain appraisal
7 reports and property value information regarding that
8 property. Disclosure of the appraisal report or property
9 information by the governmental entity or agency could create
10 an unfair disadvantage for the governmental entity or agency
11 during negotiations. Release of appraisal reports, offers, and
12 counteroffers could impair full and fair competition between
13 the negotiating parties. Thus, the public and private harm in
14 disclosing this information significantly outweighs any public
15 benefit derived from disclosure, and the public's ability to
16 scrutinize and monitor agency action is not diminished by
17 nondisclosure of this information.
18 Section 3. This act shall take effect on the same date
19 that SB ____ or similar legislation takes effect, but it shall
20 not take effect unless such legislation is adopted in the same
21 legislative session or an extension thereof and becomes law.
22
23 *****************************************
24 SENATE SUMMARY
25 Provides an exemption from public-records requirements
for certain appraisal reports, offers, and counteroffers
26 relating to land acquisition by the South Florida
Regional Transportation Authority. Provides that the
27 exemption expires upon execution of a certain contract or
at a certain time before a purchase contract or agreement
28 is considered for approval. Provides exceptions to the
exemption. Provides for future legislative review and
29 repeal. Provides a finding of public necessity.
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