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Request to Open Government Commission to Include "Taxpayers' Right to Know Act"

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  • DWMINERESQ@AOL.COM
    To the Florida Commission on Open Government C/O & Attention: Ms. Barbara Petersen, Chair Dear Ms. Petersen: Re: “Taxpayers’ Right
    Message 1 of 2 , May 19, 2008
    • 0 Attachment
      To the Florida Commission on Open Government
      C/O & Attention: Ms. Barbara Petersen, Chair

      Dear Ms. Petersen: Re: “Taxpayers’ Right to Know Act”

      I am copying below and attaching a proposed "Taxpayers' Right to Know Act",
      which I ask the Commission to include with its recommendations for up-dating
      Florida’s Public Records laws. This proposed act is designed to clarify
      the legislature's intentions regarding Florida Statute Section 1013.14 and to
      remedy the public being denied the right to inspect and copy taxpayer paid
      real estate appraisals until after a school board has written a check for the
      real estate.

      This in fact occurred last year in Manatee County when the school board
      asserted that allowing the public to inspect and copy the appraisals was not
      required until some time after the board paid $15.75 million for a parcel
      sometimes referred to as the old Lowes building. I had wanted to inspect the
      appraisals because about six (6) months prior to this purchase the Bealls
      Department Store business had purchased in our community what appeared to be a
      bigger, newer, and better piece of property (the new Tropicana Headquarters
      complex) for $10 million, and it seemed to me that our school board was overpaying
      millions of dollars for the “old Lowes building”. I thought it was also
      noteworthy that our school board had previously obtained an appraisal of the “
      old Lowes property” indicating a $13.9 million value.

      Since both a trial court (I filed a lawsuit seeking a Writ of Mandamus
      directing the school board to allow me to inspect and copy the “new” board
      appraisals obtained pursuant to Section 1013.14.) and the 2nd District Court of
      Appeal agreed with the school board – “Miner v. Dearing”, the only remedy for
      this situation appears to rest with the legislature adopting the "Taxpayers'
      Right to Know Act" which simply provides :


      “all persons shall have the right to inspect and copy, under provisions of
      s. 119.07(1), during a period beginning at least two (2) weeks prior to
      negotiations are completed and purchase terms are finalized, any appraisal
      obtained in connection with a school board’s contemplated acquisition by purchase
      of real property.”


      I am available to respond to any questions and testify in support of this
      provision.

      Thank you very much.

      DAVID W. MINER
      523 39th Street West
      Bradenton, FL 34205
      941/748-8122

      ------------------------------------------------------------------------------
      ------------------------------------------------------------------------
      “Taxpayers’ Right to Know Act"

      WHEREAS the Legislature finds that the efficient use of taxpayers’ money
      is enhanced if taxpayers understand how and why their taxes are being spent,
      and proposed to be spent, particularly when school boards may seek to
      acquire real property by purchase; and

      WHEREAS the Legislature finds that taxpayers’ understanding of how and why
      school boards may seek to acquire real property is enhanced if taxpayers have
      a right to inspect and copy, under provisions of s. 119.07(1), at a
      reasonable time prior to negotiations are completed and purchase terms are finalized,
      any appraisal obtained in connection with a school board’s contemplated
      acquisition by purchase of real property;

      Therefore, the Legislature hereby adopts the following Bill:

      Section 1. This Bill shall be known as the "Taxpayers’ Right to Know Act."

      Section 2. Florida Statute 1013.14 is hereby amended to have added thereto
      subsection (3) which reads as follows:

      1013.14 Proposed purchase of real property by a board; confidentialtiy of
      records; procedure.
      . . . . . . . .

      (3) Notwithstanding the foregoing and all other statutes and rules,
      all persons shall have the right to inspect and copy, under provisions of s.
      119.07(1), during a period beginning at least two (2) weeks prior to
      negotiations are completed and purchase terms are finalized, any appraisal
      obtained in connection with a school board’s contemplated acquisition by purchase of
      real property.

      Section 3. This law shall become effective upon signing by the Governor or
      July 1, 2009, whichever comes first.

      #############







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      [Non-text portions of this message have been removed]
    • dellophobe@bellsouth.net
      Dave, please keep my in the loop on this. Great! Charlotte ... To the Florida Commission on Open Government C/O & Attention: Ms. Barbara Petersen, Chair Dear
      Message 2 of 2 , May 22, 2008
      • 0 Attachment
        Dave, please keep my in the loop on this. Great!
        Charlotte
        -------------- Original message from DWMINERESQ@...: --------------

        To the Florida Commission on Open Government
        C/O & Attention: Ms. Barbara Petersen, Chair

        Dear Ms. Petersen: Re: ���Taxpayers��� Right to Know Act���

        I am copying below and attaching a proposed "Taxpayers' Right to Know Act",
        which I ask the Commission to include with its recommendations for up-dating
        Florida���s Public Records laws. This proposed act is designed to clarify
        the legislature's intentions regarding Florida Statute Section 1013.14 and to
        remedy the public being denied the right to inspect and copy taxpayer paid
        real estate appraisals until after a school board has written a check for the
        real estate.

        This in fact occurred last year in Manatee County when the school board
        asserted that allowing the public to inspect and copy the appraisals was not
        required until some time after the board paid $15.75 million for a parcel
        sometimes referred to as the old Lowes building. I had wanted to inspect the
        appraisals because about six (6) months prior to this purchase the Bealls
        Department Store business had purchased in our community what appeared to be a
        bigger, newer, and better piece of property (the new Tropicana Headquarters
        complex) for $10 million, and it seemed to me that our school board was overpaying
        millions of dollars for the ���old Lowes building���. I thought it was also
        noteworthy that our school board had previously obtained an appraisal of the ���
        old Lowes property��� indicating a $13.9 million value.

        Since both a trial court (I filed a lawsuit seeking a Writ of Mandamus
        directing the school board to allow me to inspect and copy the ���new��� board
        appraisals obtained pursuant to Section 1013.14.) and the 2nd District Court of
        Appeal agreed with the school board ��� ���Miner v. Dearing���, the only remedy for
        this situation appears to rest with the legislature adopting the "Taxpayers'
        Right to Know Act" which simply provides :


        ���all persons shall have the right to inspect and copy, under provisions of
        s. 119.07(1), during a period beginning at least two (2) weeks prior to
        negotiations are completed and purchase terms are finalized, any appraisal
        obtained in connection with a school board���s contemplated acquisition by purchase
        of real property.���

        I am available to respond to any questions and testify in support of this
        provision.

        Thank you very much.

        DAVID W. MINER
        523 39th Street West
        Bradenton, FL 34205
        941/748-8122

        ----------------------------------------------------------
        ----------------------------------------------------------
        ���Taxpayers��� Right to Know Act"

        WHEREAS the Legislature finds that the efficient use of taxpayers��� money
        is enhanced if taxpayers understand how and why their taxes are being spent,
        and proposed to be spent, particularly when school boards may seek to
        acquire real property by purchase; and

        WHEREAS the Legislature finds that taxpayers��� understanding of how and why
        school boards may seek to acquire real property is enhanced if taxpayers have
        a right to inspect and copy, under provisions of s. 119.07(1), at a
        reasonable time prior to negotiations are completed and purchase terms are finalized,
        any appraisal obtained in connection with a school board���s contemplated
        acquisition by purchase of real property;

        Therefore, the Legislature hereby adopts the following Bill:

        Section 1. This Bill shall be known as the "Taxpayers��� Right to Know Act."

        Section 2. Florida Statute 1013.14 is hereby amended to have added thereto
        subsection (3) which reads as follows:

        1013.14 Proposed purchase of real property by a board; confidentialtiy of
        records; procedure.
        . . . . . . . .

        (3) Notwithstanding the foregoing and all other statutes and rules,
        all persons shall have the right to inspect and copy, under provisions of s.
        119.07(1), during a period beginning at least two (2) weeks prior to
        negotiations are completed and purchase terms are finalized, any appraisal
        obtained in connection with a school board���s contemplated acquisition by purchase of
        real property.

        Section 3. This law shall become effective upon signing by the Governor or
        July 1, 2009, whichever comes first.

        #############





        **************Wondering what's for Dinner Tonight? Get new twists on family
        favorites at AOL Food.
        (http://food.aol.com/dinner-tonight?NCID=aolfod00030000000001)

        [Non-text portions of this message have been removed]




        [Non-text portions of this message have been removed]
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