HB 7035

1
A bill to be entitled
2An act relating to a review under the Open Government
3Sunset Review Act regarding written valuations of state-
4owned surplus lands; amending s. 253.034, F.S., which
5provides an exemption from public records requirements for
6a written valuation of state-owned lands determined to be
7surplus and related documents used to form the valuation
8or which pertain to the valuation; reorganizing the
9exemption; clarifying provisions; removing the scheduled
10repeal of the exemption; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Paragraph (g) of subsection (6) of section
15253.034, Florida Statutes, is amended to read:
16     253.034  State-owned lands; uses.--
17     (6)  The Board of Trustees of the Internal Improvement
18Trust Fund shall determine which lands, the title to which is
19vested in the board, may be surplused. For conservation lands,
20the board shall make a determination that the lands are no
21longer needed for conservation purposes and may dispose of them
22by an affirmative vote of at least three members. In the case of
23a land exchange involving the disposition of conservation lands,
24the board must determine by an affirmative vote of at least
25three members that the exchange will result in a net positive
26conservation benefit. For all other lands, the board shall make
27a determination that the lands are no longer needed and may
28dispose of them by an affirmative vote of at least three
29members.
30     (g)1.  The sale price of lands determined to be surplus
31pursuant to this subsection and s. 253.82 shall be determined by
32the division and shall take into consideration an appraisal of
33the property, or, when the estimated value of the land is less
34than $100,000, a comparable sales analysis or a broker's opinion
35of value. If the appraisal referenced in this paragraph yields a
36value equal to or greater than $1 million, the division, in its
37sole discretion, may require a second appraisal. The individual
38or entity requesting to purchase the surplus parcel shall pay
39all appraisal costs.
40     2.1.a.  A written valuation of land determined to be
41surplus pursuant to this subsection and s. 253.82, and related
42documents used to form the valuation or which pertain to the
43valuation, are confidential and exempt from s. 119.07(1) and s.
4424(a), Art. I of the State Constitution.
45     b.  The exemption expires until 2 weeks before the contract
46or agreement regarding the purchase, exchange, or disposal of
47the surplus land is first considered for approval by the board.
48     c.  Prior to expiration of the exemption Notwithstanding
49the exemption provided under this subparagraph, the division may
50disclose confidential and exempt appraisals, valuations, or
51valuation information regarding surplus land:
52     (I)  During negotiations for the sale or exchange of the
53land.,
54     (II)  During the marketing effort or bidding process
55associated with the sale, disposal, or exchange of the land to
56facilitate closure of such effort or process.,
57     (III)  When the passage of time has made the conclusions of
58value invalid., or
59     (IV)  When negotiations or marketing efforts concerning the
60land are concluded.
61     b.  This subparagraph is subject to the Open Government
62Sunset Review Act in accordance with s. 119.15, and shall stand
63repealed on October 2, 2009, unless reviewed and saved from
64repeal through reenactment by the Legislature.
65     3.2.  A unit of government that acquires title to lands
66hereunder for less than appraised value may not sell or transfer
67title to all or any portion of the lands to any private owner
68for a period of 10 years. Any unit of government seeking to
69transfer or sell lands pursuant to this paragraph shall first
70allow the board of trustees to reacquire such lands for the
71price at which the board sold such lands.
72     Section 2.  This act shall take effect October 1, 2009.


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