Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1268
       
       
       
       
       
                                Barcode 470846                          
       
       585-03335-09                                                    
       Proposed Committee Substitute by the Committee on Governmental
       Oversight and Accountability
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 253.034, F.S., relating
    4         to an exemption from public-records requirements for a
    5         written valuation of state-owned lands determined to
    6         be surplus and for related documents used to form the
    7         valuation or pertaining to the valuation; reorganizing
    8         and clarifying provisions; saving the exemption from
    9         repeal under the Open Government Sunset Review Act;
   10         removing the scheduled repeal of the exemption;
   11         providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (g) of subsection (6) of section
   16  253.034, Florida Statutes, is amended to read:
   17         253.034 State-owned lands; uses.—
   18         (6) The Board of Trustees of the Internal Improvement Trust
   19  Fund shall determine which lands, the title to which is vested
   20  in the board, may be surplused. For conservation lands, the
   21  board shall make a determination that the lands are no longer
   22  needed for conservation purposes and may dispose of them by an
   23  affirmative vote of at least three members. In the case of a
   24  land exchange involving the disposition of conservation lands,
   25  the board must determine by an affirmative vote of at least
   26  three members that the exchange will result in a net positive
   27  conservation benefit. For all other lands, the board shall make
   28  a determination that the lands are no longer needed and may
   29  dispose of them by an affirmative vote of at least three
   30  members.
   31         (g)1. The sale price of lands determined to be surplus
   32  pursuant to this subsection and s. 253.82 shall be determined by
   33  the division and shall take into consideration an appraisal of
   34  the property, or, when the estimated value of the land is less
   35  than $100,000, a comparable sales analysis or a broker’s opinion
   36  of value. If the appraisal referenced in this paragraph yields a
   37  value equal to or greater than $1 million, the division, in its
   38  sole discretion, may require a second appraisal. The individual
   39  or entity requesting to purchase the surplus parcel shall pay
   40  all appraisal costs.
   41         2.1.a. A written valuation of land determined to be surplus
   42  pursuant to this subsection and s. 253.82, and related documents
   43  used to form the valuation or which pertain to the valuation,
   44  are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
   45  I of the State Constitution.
   46         b.The exemption expires until 2 weeks before the contract
   47  or agreement regarding the purchase, exchange, or disposal of
   48  the surplus land is first considered for approval by the board.
   49         c.Prior to expiration of the exemption Notwithstanding the
   50  exemption provided under this subparagraph, the division may
   51  disclose confidential and exempt appraisals, valuations, or
   52  valuation information regarding surplus land:
   53         (I) During negotiations for the sale or exchange of the
   54  land.,
   55         (II) During the marketing effort or bidding process
   56  associated with the sale, disposal, or exchange of the land to
   57  facilitate closure of such effort or process.,
   58         (III) When the passage of time has made the conclusions of
   59  value invalid., or
   60         (IV) When negotiations or marketing efforts concerning the
   61  land are concluded.
   62         b.This subparagraph is subject to the Open Government
   63  Sunset Review Act in accordance with s. 119.15, and shall stand
   64  repealed on October 2, 2009, unless reviewed and saved from
   65  repeal through reenactment by the Legislature.
   66         3.2. A unit of government that acquires title to lands
   67  hereunder for less than appraised value may not sell or transfer
   68  title to all or any portion of the lands to any private owner
   69  for a period of 10 years. Any unit of government seeking to
   70  transfer or sell lands pursuant to this paragraph shall first
   71  allow the board of trustees to reacquire such lands for the
   72  price at which the board sold such lands.
   73         Section 2. This act shall take effect October 1, 2009.