Florida Regulations 62-817.010: Confidentiality of Offers and Counteroffers
Current as of: 2024 | Check for updates
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(1) The Trust and the recipient shall maintain confidentiality of offers and counteroffers, according to the requirements set forth below.
(2) Pursuant to Section 125.355(1)(a), F.S., for counties, and Section 166.045(1)(a), F.S., for municipalities, such offers and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of Florida Statutes § 119.07(1), until an option contract is executed or, if no option contract is executed, until 30 days before a contract or agreement for purchase is considered for approval by the governing body of the municipality or county.
(3) Pursuant to the sections cited in subsection (2), above, if a contract or agreement for purchase is not submitted to the municipal or county governing body for approval, the exemption from Florida Statutes § 119.07(1), will expire 30 days after the termination of negotiations.
(4) The date of termination of negotiations shall be based on a written statement from a party to the negotiations that good faith efforts at negotiating a purchase agreement have failed and that the party desires to cease negotiations. Reinitiation of negotiations shall require approval of the Trust.
(5) The Trust and the recipient, and their agents if any, shall execute an agreement to maintain confidentiality of offers and counteroffers until such time as the offers and counteroffers are no longer exempt from Florida Statutes § 119.07(1), as described in subsection (3), above. This agreement of confidentiality shall expressly name the individuals to whom the offers and counteroffers may be disclosed during the period that the offers and counteroffers are exempt from the requirements of Florida Statutes § 119.07(1) Pursuant to the sections cited in subsection (2), above, the exemptions from Florida Statutes § 119.07(1), that are provided in this paragraph are subject to the Open Government Sunset Review Act in accordance with Florida Statutes § 119.14
Rulemaking Authority Florida Statutes § 380.507(11). Law Implemented 259.101, 375.045, 380.501-.515 FS. History-New 7-7-94, Formerly 9K-6.010.
Terms Used In Florida Regulations 62-817.010
- Contract: A legal written agreement that becomes binding when signed.
(3) Pursuant to the sections cited in subsection (2), above, if a contract or agreement for purchase is not submitted to the municipal or county governing body for approval, the exemption from Florida Statutes § 119.07(1), will expire 30 days after the termination of negotiations.
(4) The date of termination of negotiations shall be based on a written statement from a party to the negotiations that good faith efforts at negotiating a purchase agreement have failed and that the party desires to cease negotiations. Reinitiation of negotiations shall require approval of the Trust.
(5) The Trust and the recipient, and their agents if any, shall execute an agreement to maintain confidentiality of offers and counteroffers until such time as the offers and counteroffers are no longer exempt from Florida Statutes § 119.07(1), as described in subsection (3), above. This agreement of confidentiality shall expressly name the individuals to whom the offers and counteroffers may be disclosed during the period that the offers and counteroffers are exempt from the requirements of Florida Statutes § 119.07(1) Pursuant to the sections cited in subsection (2), above, the exemptions from Florida Statutes § 119.07(1), that are provided in this paragraph are subject to the Open Government Sunset Review Act in accordance with Florida Statutes § 119.14
Rulemaking Authority Florida Statutes § 380.507(11). Law Implemented 259.101, 375.045, 380.501-.515 FS. History-New 7-7-94, Formerly 9K-6.010.