Senate Bill sb2158
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Florida Senate - 2004 SB 2158
By Senator Fasano
11-1697-04
1 A bill to be entitled
2 An act relating to public records; amending s.
3 253.034, F S.; providing a time-limited
4 exemption from public records requirements for
5 information regarding valuation of surplus
6 state-owned land before the associated
7 agreement for purchase, exchange, or disposal
8 is first considered for approval by the Board
9 of Trustees of the Internal Improvement Trust
10 Fund; authorizing the Division of State Lands
11 in the Department of Environmental Protection
12 to disclose valuation information under certain
13 circumstances, notwithstanding the
14 confidentiality requirement; providing for
15 future legislative review and repeal; providing
16 a statement of public necessity; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraph (g) of subsection (6) of section
22 253.034, Florida Statutes, is amended to read:
23 253.034 State-owned lands; uses.--
24 (6) The Board of Trustees of the Internal Improvement
25 Trust Fund shall determine which lands, the title to which is
26 vested in the board, may be surplused. For conservation lands,
27 the board shall make a determination that the lands are no
28 longer needed for conservation purposes and may dispose of
29 them by an affirmative vote of at least three members. In the
30 case of a land exchange involving the disposition of
31 conservation lands, the board must determine by an affirmative
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Florida Senate - 2004 SB 2158
11-1697-04
1 vote of at least three members that the exchange will result
2 in a net positive conservation benefit. For all other lands,
3 the board shall make a determination that the lands are no
4 longer needed and may dispose of them by an affirmative vote
5 of at least three members.
6 (g) The sale price of lands determined to be surplus
7 pursuant to this subsection shall be determined by the
8 division and shall take into consideration an appraisal of the
9 property, or, when the estimated value of the land is less
10 than $100,000, a comparable sales analysis or a broker's
11 opinion of value, and the price paid by the state to
12 originally acquire the lands.
13 1. A written valuation of land determined to be
14 surplus pursuant to this subsection, and related documents
15 used to form the valuation or which discuss the valuation, are
16 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
17 of the State Constitution, until 2 weeks before the associated
18 agreement regarding surplus land purchase, exchange, or
19 disposal is first considered for approval by the board. The
20 division may, notwithstanding this exemption, disclose
21 appraisals, valuations, or valuation information about surplus
22 land during negotiations for the sale or exchange of the land,
23 during the marketing effort or bidding process associated with
24 the the sale or exchange of the land to facilitate closure of
25 such effort or process, when the passage of time has made the
26 conclusions of value invalid, or when negotiations or
27 marketing efforts concerning the land are concluded. This
28 subparagraph is subject to the Open Government Sunset Review
29 Act of 1995 in accordance with s. 119.15, and shall stand
30 repealed on October 2, 2009, unless reviewed and saved from
31 repeal through reenactment by the Legislature.
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Florida Senate - 2004 SB 2158
11-1697-04
1 2. A unit of government that acquires title to lands
2 hereunder for less than appraised value may not sell or
3 transfer title to all or any portion of the lands to any
4 private owner for a period of 10 years. Any unit of government
5 seeking to transfer or sell lands pursuant to this paragraph
6 shall first allow the board of trustees to reacquire such
7 lands for the price at which the board sold such lands.
8 Section 2. The Legislature finds that temporarily
9 preserving the confidentiality of information about the
10 valuation of state-owned lands to be disposed of as surplus
11 under section 253.034(6), Florida Statutes, is a public
12 necessity. The Legislature further finds that this temporary
13 exemption from the public records law helps ensure the maximum
14 return to the state from the disposition of surplus lands and
15 that earlier public access to this information would impede
16 development of agreements that maximize such return by
17 providing persons interested in buying or trading for surplus
18 land an unfair advantage during negotiation or bidding
19 processes to sell, exchange, or dispose of the land.
20 Section 3. This act shall take effect July 1, 2004.
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23 SENATE SUMMARY
24 Exempts information regarding the valuation of
state-owned surplus land from disclosure under the public
25 records law until 2 weeks before the Board of Trustees of
the Internal Improvement Trust Fund first considers
26 approval of associated agreements for purchase, exchange,
or other disposition of the land. Authorizes the Division
27 of State Lands in the Department of Environmental
Protection to disclose the otherwise exempted information
28 to expedite negotiation, bidding, or marketing; when the
information is outdated; or when negotiations or
29 marketing efforts are concluded.
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