Senate Bill sb2076

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    Florida Senate - 2006                                  SB 2076

    By Senator Geller





    31-275-06

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         343.59, F.S.; providing an exemption from

  4         public-records requirements for certain

  5         appraisal reports, offers, and counteroffers

  6         relating to land acquisition by the South

  7         Florida Regional Transportation Authority;

  8         providing that the exemption expires upon

  9         execution of a certain contract or at a certain

10         time before a purchase contract or agreement is

11         considered for approval; providing exceptions

12         to the exemption; providing for future

13         legislative review and repeal; providing a

14         finding of public necessity; providing a

15         contingent effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Section 343.59, Florida Statutes, is

20  created to read:

21         343.59  Confidentiality of appraisal reports, offers,

22  and counteroffers.--

23         (1)  Appraisal reports, offers, and counteroffers

24  relating to land acquisition by the authority are confidential

25  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State

26  Constitution until an option contract is executed or, if no

27  option contract is executed, until 30 days before a contract

28  or agreement for purchase is considered for approval by the

29  authority's governing board. However, the authority may, at

30  its discretion, disclose appraisal reports to private

31  landowners during negotiations for acquisitions using

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    Florida Senate - 2006                                  SB 2076
    31-275-06




 1  alternatives to fee-simple techniques if the authority

 2  determines that disclosure of such reports will bring the

 3  proposed acquisition to closure. If negotiations are

 4  terminated by the authority, the appraisal reports, offers,

 5  and counteroffers shall become available pursuant to s.

 6  119.07(1) and s. 24(a), Art. I of the State Constitution.

 7  Notwithstanding this section, the authority may share and

 8  disclose appraisal reports, appraisal information, offers, and

 9  counteroffers when joint acquisition of property is

10  contemplated. The authority shall maintain the confidentiality

11  of such appraisal reports, appraisal information, offers, and

12  counteroffers in conformance with this section, except in

13  those cases in which the authority has exercised discretion to

14  disclose such information. The authority may disclose

15  appraisal information, offers, and counteroffers to a third

16  party who has entered into a contractual agreement with the

17  authority to work with or on behalf of or to assist the

18  authority in connection with land acquisitions. The third

19  party shall maintain the confidentiality of such information

20  in conformance with this section. In addition, the authority

21  may use as its own appraisals obtained by a third party under

22  contract with the authority to provide such services, provided

23  the appraisals are reviewed and approved by the authority.

24         (2)  Subsection (1) is subject to the Open Government

25  Sunset Review Act of 1995 in accordance with s. 119.15 and

26  shall stand repealed on October 2, 2011, unless reviewed and

27  saved from repeal through reenactment by the Legislature.

28         Section 2.  The Legislature finds that it is a public

29  necessity that proprietary confidential business information

30  contained in appraisal reports, offers, and counteroffers be

31  kept confidential when held by a local governmental entity or

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    Florida Senate - 2006                                  SB 2076
    31-275-06




 1  agency. Disclosure of this proprietary confidential business

 2  information in a local governmental entity's or agency's

 3  possession would adversely affect the goal of the purchase of

 4  lands for the public good using public funds at competitive

 5  prices resulting from negotiations between parties. Further,

 6  each party is entitled to independently obtain appraisal

 7  reports and property value information regarding that

 8  property. Disclosure of the appraisal report or property

 9  information by the governmental entity or agency could create

10  an unfair disadvantage for the governmental entity or agency

11  during negotiations. Release of appraisal reports, offers, and

12  counteroffers could impair full and fair competition between

13  the negotiating parties. Thus, the public and private harm in

14  disclosing this information significantly outweighs any public

15  benefit derived from disclosure, and the public's ability to

16  scrutinize and monitor agency action is not diminished by

17  nondisclosure of this information.

18         Section 3.  This act shall take effect on the same date

19  that SB ____ or similar legislation takes effect, but it shall

20  not take effect unless such legislation is adopted in the same

21  legislative session or an extension thereof and becomes law.

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