Florida Senate - 2018 SB 808 By Senator Baxley 12-00737-18 2018808__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 373.089, F.S.; providing an exemption for valuations, 4 certain records, and sales offers for sales related to 5 surplus lands; authorizing disclosure of such records 6 under certain circumstances; providing a statement of 7 public necessity; providing a contingent effective 8 date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Subsection (1) of section 373.089, Florida 13 Statutes, is amended to read: 14 373.089 Sale or exchange of lands, or interests or rights 15 in lands.—The governing board of the district may sell lands, or 16 interests or rights in lands, to which the district has acquired 17 title or to which it may hereafter acquire title in the 18 following manner: 19 (1) Any lands, or interests or rights in lands, determined 20 by the governing board to be surplus may be sold by the 21 district, at any time, for the highest price obtainable; 22 however,in no case shallthe selling price may not be less than 23 the appraised value of the lands, or interests or rights in 24 lands, as determined by a certified appraisal obtained within 25 360 days before the effective date of a contract for sale. 26 (a) A written valuation of land determined to be surplus 27 pursuant to this section; related documents used to form, or 28 which pertain to, the valuation; and written offers to purchase 29 such surplus land are confidential and exempt from s. 119.07(1) 30 and s. 24(a), Art. I of the State Constitution. This exemption 31 expires upon: 32 1. The contract or agreement regarding the purchase, 33 exchange, or disposal of the surplus land being approved by the 34 district; 35 2. In the sole discretion of the district, the conclusion 36 of negotiations or marketing efforts related to the surplus 37 land; or 38 3. The passage of 1 year from the date of the completion of 39 the valuation. 40 (b) Before expiration of the exemption established in 41 paragraph (a), and in order to facilitate successful or 42 expedited closure of the sale of surplus land, the district may 43 disclose confidential and exempt appraisals, valuations, and 44 valuation information which are related to surplus land, or 45 written offers to purchase such surplus land: 46 1. During negotiations for the sale or exchange of the 47 land; or 48 2. During the marketing effort or bidding process 49 associated with the sale, disposal, or exchange of the land. 50 51 If the Board of Trustees of the Internal Improvement Trust Fund 52 declines to accept title to the lands offered under this 53 section, the land may be disposed of by the district under the 54 provisions of this section. 55 Section 2. The Legislature finds that it is a public 56 necessity that written valuation of land determined to be 57 surplus pursuant to s. 373.089, Florida Statutes, related 58 documents used to form the valuation or which pertain to the 59 valuation, and written offers to purchase surplus land, be made 60 confidential and exempt from s. 119.07(1), Florida Statutes, and 61 s. 24(a), Article I of the State Constitution for up to 1 year 62 at a water management district’s discretion in order to 63 facilitate successful or expedited closure of the sale of 64 surplus lands. The public availability of such valuations, 65 related documents, and written offers can negatively impact the 66 ability of water management districts to negotiate with 67 potential purchasers and potentially places water management 68 districts at a disadvantage in attempting to maximize the return 69 on the sale of surplus land. 70 Section 3. This act shall take effect on the same date that 71 SB ___ or similar legislation takes effect, if such legislation 72 is adopted in the same legislative session or an extension 73 thereof and becomes a law.