| 1 | A bill to be entitled |
| 2 | An act relating to public records; creating s. 343.59, |
| 3 | F.S.; providing an exemption from public-records |
| 4 | requirements for certain appraisal reports, offers, and |
| 5 | counteroffers relating to land acquisition by the South |
| 6 | Florida Regional Transportation Authority; providing that |
| 7 | the exemption expires upon execution of a certain contract |
| 8 | or at a certain time before a purchase contract or |
| 9 | agreement is considered for approval; providing exceptions |
| 10 | to the exemption; providing for future legislative review |
| 11 | and repeal; providing a finding of public necessity; |
| 12 | providing a contingent effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Section 343.59, Florida Statutes, is created to |
| 17 | read: |
| 18 | 343.59 Confidentiality of appraisal reports, offers, and |
| 19 | counteroffers.-- |
| 20 | (1) Appraisal reports, offers, and counteroffers relating |
| 21 | to land acquisition by the authority are confidential and exempt |
| 22 | from s. 119.07(1) and s. 24(a), Art. I of the State Constitution |
| 23 | until an option contract is executed or, if no option contract |
| 24 | is executed, until 30 days before a contract or agreement for |
| 25 | purchase is considered for approval by the authority's governing |
| 26 | board. However, the authority may, at its discretion, disclose |
| 27 | appraisal reports to private landowners during negotiations for |
| 28 | acquisitions using alternatives to fee-simple techniques if the |
| 29 | authority determines that disclosure of such reports will bring |
| 30 | the proposed acquisition to closure. If negotiations are |
| 31 | terminated by the authority, the appraisal reports, offers, and |
| 32 | counteroffers shall become available pursuant to s. 119.07(1) |
| 33 | and s. 24(a), Art. I of the State Constitution. Notwithstanding |
| 34 | this section, the authority may share and disclose appraisal |
| 35 | reports, appraisal information, offers, and counteroffers when |
| 36 | joint acquisition of property is contemplated. The authority |
| 37 | shall maintain the confidentiality of such appraisal reports, |
| 38 | appraisal information, offers, and counteroffers in conformance |
| 39 | with this section, except in those cases in which the authority |
| 40 | has exercised discretion to disclose such information. The |
| 41 | authority may disclose appraisal information, offers, and |
| 42 | counteroffers to a third party who has entered into a |
| 43 | contractual agreement with the authority to work with or on |
| 44 | behalf of or to assist the authority in connection with land |
| 45 | acquisitions. The third party shall maintain the confidentiality |
| 46 | of such information in conformance with this section. In |
| 47 | addition, the authority may use as its own appraisals obtained |
| 48 | by a third party under contract with the authority to provide |
| 49 | such services, if the appraisals are reviewed and approved by |
| 50 | the authority. |
| 51 | (2) Subsection (1) is subject to the Open Government |
| 52 | Sunset Review Act in accordance with s. 119.15 and shall stand |
| 53 | repealed on October 2, 2012, 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 proprietary confidential business information |
| 57 | contained in appraisal reports, offers, and counteroffers be |
| 58 | kept confidential when held by a local governmental entity or |
| 59 | agency. Disclosure of this proprietary confidential business |
| 60 | information in a local governmental entity's or agency's |
| 61 | possession would adversely affect the goal of the purchase of |
| 62 | lands for the public good using public funds at competitive |
| 63 | prices resulting from negotiations between parties. Further, |
| 64 | each party is entitled to independently obtain appraisal reports |
| 65 | and property value information regarding that property. |
| 66 | Disclosure of the appraisal report or property information by |
| 67 | the governmental entity or agency could create an unfair |
| 68 | disadvantage for the governmental entity or agency during |
| 69 | negotiations. Release of appraisal reports, offers, and |
| 70 | counteroffers could impair full and fair competition between the |
| 71 | negotiating parties. Thus, the public and private harm in |
| 72 | disclosing this information significantly outweighs any public |
| 73 | benefit derived from disclosure, and the public's ability to |
| 74 | scrutinize and monitor agency action is not diminished by |
| 75 | nondisclosure of this information. |
| 76 | Section 3. This act shall take effect on the same date |
| 77 | that HB 959 or similar legislation takes effect, but it shall |
| 78 | not take effect unless such legislation is adopted in the same |
| 79 | legislative session or an extension thereof and becomes law. |