Florida Senate - 2023                   (PROPOSED BILL) SPB 7004
       FOR CONSIDERATION By the Committee on Environment and Natural
       592-00499-23                                          20237004pb
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 373.089, F.S., which
    4         provides an exemption from public records requirements
    5         for written valuations of surplus lands, documents
    6         used to form or pertaining to such a valuation, and
    7         written offers to purchase surplus land held by a
    8         water management district; removing the scheduled
    9         repeal of the exemption; providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Subsection (1) of section 373.089, Florida
   14  Statutes, is amended to read:
   15         373.089 Sale or exchange of lands, or interests or rights
   16  in lands.—The governing board of the district may sell lands, or
   17  interests or rights in lands, to which the district has acquired
   18  title or to which it may hereafter acquire title in the
   19  following manner:
   20         (1)(a) Any lands, or interests or rights in lands,
   21  determined by the governing board to be surplus may be sold by
   22  the district, at any time, for the highest price obtainable;
   23  however, the selling price may not be less than the appraised
   24  value of the lands, or interests or rights in lands, as
   25  determined by a certified appraisal obtained within 360 days
   26  before the effective date of a contract for sale.
   27         (b) A written valuation of land determined to be surplus
   28  pursuant to this section; related documents used to form, or
   29  which pertain to, the valuation; and written offers to purchase
   30  such surplus land are confidential and exempt from s. 119.07(1)
   31  and s. 24(a), Art. I of the State Constitution. This exemption
   32  expires 2 weeks before the contract or agreement regarding the
   33  purchase, exchange, or disposal of the surplus land is first
   34  considered for approval by the district.
   35         (c) Before expiration of the exemption established in
   36  paragraph (b), and in order to facilitate successful or
   37  expedited closure of the sale of surplus land, the district may
   38  disclose confidential and exempt valuations and valuation
   39  information which are related to surplus land, or written offers
   40  to purchase such surplus land, to potential purchasers:
   41         1. During negotiations for the sale or exchange of the
   42  land;
   43         2. During the marketing effort or bidding process
   44  associated with the sale, disposal, or exchange of the land;
   45         3. When the passage of time has made the conclusions of
   46  value invalid; or
   47         4. When negotiations or marketing efforts concerning the
   48  land are concluded.
   49         (d) Paragraphs (b) and (c) are subject to the Open
   50  Government Sunset Review Act in accordance with s. 119.15 and
   51  shall stand repealed on October 2, 2023, unless reviewed and
   52  saved from repeal through reenactment by the Legislature.
   54  If the Board of Trustees of the Internal Improvement Trust Fund
   55  declines to accept title to the lands offered under this
   56  section, the land may be disposed of by the district under the
   57  provisions of this section.
   58         Section 2. This act shall take effect October 1, 2023.