HB 961

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. However, the authority may, at its discretion, disclose
27appraisal reports to private landowners during negotiations for
28acquisitions using alternatives to fee-simple techniques if the
29authority determines that disclosure of such reports will bring
30the proposed acquisition to closure. If negotiations are
31terminated by the authority, the appraisal reports, offers, and
32counteroffers shall become available pursuant to s. 119.07(1)
33and s. 24(a), Art. I of the State Constitution. Notwithstanding
34this section, the authority may share and disclose appraisal
35reports, appraisal information, offers, and counteroffers when
36joint acquisition of property is contemplated. The authority
37shall maintain the confidentiality of such appraisal reports,
38appraisal information, offers, and counteroffers in conformance
39with this section, except in those cases in which the authority
40has exercised discretion to disclose such information. The
41authority may disclose appraisal information, offers, and
42counteroffers to a third party who has entered into a
43contractual agreement with the authority to work with or on
44behalf of or to assist the authority in connection with land
45acquisitions. The third party shall maintain the confidentiality
46of such information in conformance with this section. In
47addition, the authority may use as its own appraisals obtained
48by a third party under contract with the authority to provide
49such services, if the appraisals are reviewed and approved by
50the authority.
51     (2)  Subsection (1) is subject to the Open Government
52Sunset Review Act in accordance with s. 119.15 and shall stand
53repealed on October 2, 2012, unless reviewed and saved from
54repeal through reenactment by the Legislature.
55     Section 2.  The Legislature finds that it is a public
56necessity that proprietary confidential business information
57contained in appraisal reports, offers, and counteroffers be
58kept confidential when held by a local governmental entity or
59agency. Disclosure of this proprietary confidential business
60information in a local governmental entity's or agency's
61possession would adversely affect the goal of the purchase of
62lands for the public good using public funds at competitive
63prices resulting from negotiations between parties. Further,
64each party is entitled to independently obtain appraisal reports
65and property value information regarding that property.
66Disclosure of the appraisal report or property information by
67the governmental entity or agency could create an unfair
68disadvantage for the governmental entity or agency during
69negotiations. Release of appraisal reports, offers, and
70counteroffers could impair full and fair competition between the
71negotiating parties. Thus, the public and private harm in
72disclosing this information significantly outweighs any public
73benefit derived from disclosure, and the public's ability to
74scrutinize and monitor agency action is not diminished by
75nondisclosure of this information.
76     Section 3.  This act shall take effect on the same date
77that HB 959 or similar legislation takes effect, but it shall
78not take effect unless such legislation is adopted in the same
79legislative session or an extension thereof and becomes law.


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