SB 808 — Public Records/Surplus Lands

FloridaDOCUMENT SenateUNAVAILABLE - 2018 SB 808 By Senator Baxley 12-00737-18 2018808__ A bill to be entitled An act relating to public records;

amending s.

373.089, F.S.;

providing an exemption for valuations, certain records, and sales offers for sales related to surplus lands;

authorizing disclosure of such records under certain circumstances;

providing a statement of public necessity;

providing a contingent effective date.

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

12 Section 1. Subsection (1) of section 373.089, Florida Statutes, is amended to read:

373.089 Sale or exchange of lands, or interests or rights in lands.—The governing board of the district may sell lands, or interests or rights in lands, to which the district has acquired title or to which it may hereafter acquire title in the following manner:

(1) Any lands, or interests or rights in lands, determined by the governing board to be surplus may be sold by the district, at any time, for the highest price obtainable;

however, in no case shall the selling price may not be less than the appraised value of the lands, or interests or rights in lands, as determined by a certified appraisal obtained within 360 days before the effective date of a contract for sale.

(a) A written valuation of land determined to be surplus pursuant to this section;

related documents used to form, or which pertain to, the valuation;

and written offers to purchase such surplus land are confidential and exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

This exemption expires upon:

1. The contract or agreement regarding the purchase, exchange, or disposal of the surplus land being approved by the district;

2. In the sole discretion of the district, the conclusion of negotiations or marketing efforts related to the surplus land;

or 3. The passage of 1 year from the date of the completion of the valuation.

(b) Before expiration of the exemption established in paragraph (a), and in order to facilitate successful or expedited closure of the sale of surplus land, the district may disclose confidential and exempt appraisals, valuations, and valuation information which are related to surplus land, or written offers to purchase such surplus land:

1. During negotiations for the sale or exchange of the land;

or 2. During the marketing effort or bidding process associated with the sale, disposal, or exchange of the land.

51 If the Board of Trustees of the Internal Improvement Trust Fund declines to accept title to the lands offered under this section, the land may be disposed of by the district under the provisions of this section.

Section 2.  The Legislature finds that it is a public necessity that written valuation of land determined to be surplus pursuant to s.

373.089, Florida Statutes, related documents used to form the valuation or which pertain to the valuation, and written offers to purchase surplus land, be made confidential and exempt from s.

119.07(1), Florida Statutes, and s.

24(a), Article I of the State Constitution for up to 1 year at a water management district’s discretion in order to facilitate successful or expedited closure of the sale of surplus lands.

The public availability of such valuations, related documents, and written offers can negatively impact the ability of water management districts to negotiate with potential purchasers and potentially places water management districts at a disadvantage in attempting to maximize the return on the sale of surplus land.

Section 3. This act shall take effect on the same date that SB ___ or similar legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes a law.