| 1 | The Governmental Operations Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to public records; creating s. 343.59, |
| 7 | F.S.; creating an exemption from public records |
| 8 | requirements for certain appraisal reports, offers, and |
| 9 | counteroffers relating to land acquisition by the South |
| 10 | Florida Regional Transportation Authority; providing that |
| 11 | the exemption expires upon execution of a certain contract |
| 12 | or at a certain time before a purchase contract or |
| 13 | agreement is considered for approval; providing exceptions |
| 14 | to the exemption; providing for future legislative review |
| 15 | and repeal; providing a finding of public necessity; |
| 16 | providing a contingent effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 343.59, Florida Statutes, is created to |
| 21 | read: |
| 22 | 343.59 Public records exemption for appraisal reports, |
| 23 | offers, and counteroffers for the South Florida Regional |
| 24 | Transportation Authority.-- |
| 25 | (1) Appraisal reports, offers, and counteroffers relating |
| 26 | to land acquisition by the South Florida Regional Transportation |
| 27 | Authority are confidential and exempt from s. 119.07(1) and s. |
| 28 | 24(a), Art. I of the State Constitution, until an option |
| 29 | contract is executed or, if no option contract is executed, |
| 30 | until 30 days before a contract or agreement for purchase is |
| 31 | considered for approval by the authority's governing board. In |
| 32 | the event that negotiations are terminated by the authority, the |
| 33 | confidential and exempt appraisal reports, offers, and |
| 34 | counteroffers shall be made public pursuant to s. 119.07(1) and |
| 35 | s. 24(a), Art. I of the State Constitution. |
| 36 | (2) The authority may, at its discretion, disclose |
| 37 | confidential and exempt: |
| 38 | (a) Appraisal reports to private landowners during |
| 39 | negotiations for acquisitions using alternatives to fee simple |
| 40 | techniques if the authority determines that disclosure of the |
| 41 | appraisal reports will bring the proposed acquisition to |
| 42 | closure. |
| 43 | (b) Appraisal reports, offers, and counteroffers when |
| 44 | joint acquisition of property is contemplated. |
| 45 | (c) Appraisal reports, offers, and counteroffers to a |
| 46 | third party who has entered into a contractual agreement with |
| 47 | the authority to work with or on behalf of or to assist the |
| 48 | authority in connection with land acquisitions. The third party |
| 49 | shall maintain the confidential and exempt status of such |
| 50 | information. |
| 51 | (3) This section is subject to the Open Government Sunset |
| 52 | Review Act of 1995 in accordance with s. 119.15 and shall stand |
| 53 | repealed on October 2, 2010, unless reviewed and saved from |
| 54 | repeal through reenactment by the Legislature. |
| 55 | Section 2. The Legislature finds that it is a public |
| 56 | necessity that appraisal reports, offers, and counteroffers |
| 57 | relating to land acquisition by the South Florida Regional |
| 58 | Transportation Authority be made confidential and exempt from |
| 59 | public records requirements. Disclosure of such appraisal |
| 60 | reports, offers, and counteroffers would adversely affect the |
| 61 | goal of the purchase of lands for the public good using public |
| 62 | funds at competitive prices resulting from negotiations between |
| 63 | parties. Each party is entitled to independently obtain |
| 64 | appraisal reports and property value information regarding said |
| 65 | property. Disclosure of the appraisal report, offer, or |
| 66 | counteroffer could create an unfair disadvantage for the South |
| 67 | Florida Regional Transportation Authority during negotiations. |
| 68 | Release of such appraisal reports, offers, and counteroffers |
| 69 | could impair full and fair competition between the negotiating |
| 70 | parties. Thus, the public and private harm in disclosing such |
| 71 | information significantly outweighs any public benefit derived |
| 72 | from public disclosure. Furthermore, the public's ability to |
| 73 | scrutinize and monitor the authority's actions is not diminished |
| 74 | by nondisclosure of this information because the exemption |
| 75 | expires once an option contract is executed or, if no option |
| 76 | contract is executed, 30 days before a contract or agreement for |
| 77 | purchase is considered for approval by the authority's governing |
| 78 | board. In addition, if negotiations are terminated by the |
| 79 | authority, then the confidential and exempt appraisal reports, |
| 80 | offers, and counteroffers are made public. |
| 81 | Section 3. This act shall take effect on the same date |
| 82 | that HB 1409 or similar legislation takes effect, if such |
| 83 | legislation is adopted in the same legislative session or an |
| 84 | extension thereof and becomes law. |