| 1 | A bill to be entitled |
| 2 | An act relating to a review under the Open Government |
| 3 | Sunset Review Act regarding written valuations of state- |
| 4 | owned surplus lands; amending s. 253.034, F.S., which |
| 5 | provides an exemption from public records requirements for |
| 6 | a written valuation of state-owned lands determined to be |
| 7 | surplus and related documents used to form the valuation |
| 8 | or which pertain to the valuation; reorganizing the |
| 9 | exemption; clarifying provisions; removing the scheduled |
| 10 | repeal of the exemption; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Paragraph (g) of subsection (6) of section |
| 15 | 253.034, Florida Statutes, is amended to read: |
| 16 | 253.034 State-owned lands; uses.-- |
| 17 | (6) The Board of Trustees of the Internal Improvement |
| 18 | Trust Fund shall determine which lands, the title to which is |
| 19 | vested in the board, may be surplused. For conservation lands, |
| 20 | the board shall make a determination that the lands are no |
| 21 | longer needed for conservation purposes and may dispose of them |
| 22 | by an affirmative vote of at least three members. In the case of |
| 23 | a land exchange involving the disposition of conservation lands, |
| 24 | the board must determine by an affirmative vote of at least |
| 25 | three members that the exchange will result in a net positive |
| 26 | conservation benefit. For all other lands, the board shall make |
| 27 | a determination that the lands are no longer needed and may |
| 28 | dispose of them by an affirmative vote of at least three |
| 29 | members. |
| 30 | (g)1. The sale price of lands determined to be surplus |
| 31 | pursuant to this subsection and s. 253.82 shall be determined by |
| 32 | the division and shall take into consideration an appraisal of |
| 33 | the property, or, when the estimated value of the land is less |
| 34 | than $100,000, a comparable sales analysis or a broker's opinion |
| 35 | of value. If the appraisal referenced in this paragraph yields a |
| 36 | value equal to or greater than $1 million, the division, in its |
| 37 | sole discretion, may require a second appraisal. The individual |
| 38 | or entity requesting to purchase the surplus parcel shall pay |
| 39 | all appraisal costs. |
| 40 | 2.1.a. A written valuation of land determined to be |
| 41 | surplus pursuant to this subsection and s. 253.82, and related |
| 42 | documents used to form the valuation or which pertain to the |
| 43 | valuation, are confidential and exempt from s. 119.07(1) and s. |
| 44 | 24(a), Art. I of the State Constitution. |
| 45 | b. The exemption expires until 2 weeks before the contract |
| 46 | or agreement regarding the purchase, exchange, or disposal of |
| 47 | the surplus land is first considered for approval by the board. |
| 48 | c. Prior to expiration of the exemption Notwithstanding |
| 49 | the exemption provided under this subparagraph, the division may |
| 50 | disclose confidential and exempt appraisals, valuations, or |
| 51 | valuation information regarding surplus land: |
| 52 | (I) During negotiations for the sale or exchange of the |
| 53 | land., |
| 54 | (II) During the marketing effort or bidding process |
| 55 | associated with the sale, disposal, or exchange of the land to |
| 56 | facilitate closure of such effort or process., |
| 57 | (III) When the passage of time has made the conclusions of |
| 58 | value invalid., or |
| 59 | (IV) When negotiations or marketing efforts concerning the |
| 60 | land are concluded. |
| 61 | b. This subparagraph is subject to the Open Government |
| 62 | Sunset Review Act in accordance with s. 119.15, and shall stand |
| 63 | repealed on October 2, 2009, unless reviewed and saved from |
| 64 | repeal through reenactment by the Legislature. |
| 65 | 3.2. A unit of government that acquires title to lands |
| 66 | hereunder for less than appraised value may not sell or transfer |
| 67 | title to all or any portion of the lands to any private owner |
| 68 | for a period of 10 years. Any unit of government seeking to |
| 69 | transfer or sell lands pursuant to this paragraph shall first |
| 70 | allow the board of trustees to reacquire such lands for the |
| 71 | price at which the board sold such lands. |
| 72 | Section 2. This act shall take effect October 1, 2009. |