Bill Text: FL S0808 | 2018 | Regular Session | Comm Sub

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Bill Title: Public Records/Surplus Lands

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-03-08 - Laid on Table, refer to CS/CS/CS/HB 705 [S0808 Detail]

Download: Florida-2018-S0808-Comm_Sub.html

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       Florida Senate - 2018                              CS for SB 808
       
       
        
       By the Committee on Environmental Preservation and Conservation;
       and Senator Baxley
       
       
       
       
       592-02878A-18                                          2018808c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         373.089, F.S.; providing an exemption for valuations,
    4         certain records, and sales offers for sales related to
    5         surplus lands; authorizing disclosure of such records
    6         under certain circumstances; providing a statement of
    7         public necessity; providing a contingent effective
    8         date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (1) of section 373.089, Florida
   13  Statutes, is amended to read:
   14         373.089 Sale or exchange of lands, or interests or rights
   15  in lands.—The governing board of the district may sell lands, or
   16  interests or rights in lands, to which the district has acquired
   17  title or to which it may hereafter acquire title in the
   18  following manner:
   19         (1) Any lands, or interests or rights in lands, determined
   20  by the governing board to be surplus may be sold by the
   21  district, at any time, for the highest price obtainable;
   22  however, in no case shall the selling price may not be less than
   23  the appraised value of the lands, or interests or rights in
   24  lands, as determined by a certified appraisal obtained within
   25  360 days before the effective date of a contract for sale.
   26         (a) A written valuation of land determined to be surplus
   27  pursuant to this section; related documents used to form, or
   28  which pertain to, the valuation; and written offers to purchase
   29  such surplus land are confidential and exempt from s. 119.07(1)
   30  and s. 24(a), Art. I of the State Constitution. This exemption
   31  expires 2 weeks before the contract or agreement regarding the
   32  purchase, exchange, or disposal of the surplus land is first
   33  considered for approval by the district.
   34         (b) Before expiration of the exemption established in
   35  paragraph (a), and in order to facilitate successful or
   36  expedited closure of the sale of surplus land, the district may
   37  disclose confidential and exempt valuations and valuation
   38  information which are related to surplus land, or written offers
   39  to purchase such surplus land, to potential purchasers:
   40         1. During negotiations for the sale or exchange of the
   41  land;
   42         2. During the marketing effort or bidding process
   43  associated with the sale, disposal, or exchange of the land;
   44         3. When the passage of time has made the conclusions of
   45  value invalid; or
   46         4. When negotiations or marketing efforts concerning the
   47  land are concluded.
   48         (c) Paragraphs (a) and (b) are subject to the Open
   49  Government Sunset Review Act in accordance with s. 119.15 and
   50  shall stand repealed on October 2, 2023, unless reviewed and
   51  saved from repeal through reenactment by the Legislature.
   52  
   53  If the Board of Trustees of the Internal Improvement Trust Fund
   54  declines to accept title to the lands offered under this
   55  section, the land may be disposed of by the district under the
   56  provisions of this section.
   57         Section 2. The Legislature finds that it is a public
   58  necessity that written valuation of land determined to be
   59  surplus pursuant to s. 373.089, Florida Statutes, related
   60  documents used to form the valuation or which pertain to the
   61  valuation, and written offers to purchase surplus land, be made
   62  confidential and exempt from s. 119.07(1), Florida Statutes, and
   63  s. 24(a), Article I of the State Constitution until 2 weeks
   64  before the contract or agreement regarding the purchase,
   65  exchange, or disposal of the surplus land is first considered
   66  for approval by the district in order to facilitate successful
   67  or expedited closure of the sale of surplus lands. The public
   68  availability of such valuations, related documents, and written
   69  offers can negatively impact the ability of water management
   70  districts to negotiate with potential purchasers and potentially
   71  places water management districts at a disadvantage in
   72  attempting to maximize the return on the sale of surplus land.
   73         Section 3. This act shall take effect on the same date that
   74  SB 806 or similar legislation takes effect, if such legislation
   75  is adopted in the same legislative session or an extension
   76  thereof and becomes a law.