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 shall the 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.