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53 | repealed on October 2, 2012, unless reviewed and saved from |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