Title: Opinion File 72-16 thru 72-17
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Permanent Link: http://ufdc.ufl.edu/WL00003322/00001
 Material Information
Title: Opinion File 72-16 thru 72-17
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 72-16 thru 72-17
General Note: Box 14, Folder 3 ( Opinions 1972 - 1973 - 1972 - 1973 ), Item 7
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003322
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text












ROBERT L. SHEVIN
ATTORNEY GENERAL


STATES or FLO)RIIDA
D)EIPIATMEr1-NS 01' LEGAL Avx
OiFrvICE Or Tn, ArTTOR?'Y GENi
TINE (WrrroL iiDS,
MALLaITSS~rch, 197 /DA -.323



March 8, 1972


Ii~11Z~rC2~


072-63


Honorable Jerome F. Skrandel
City Attorney, City of Boca Raton
201 West Palmetto Park Road
Boca Raton, Florida 33432


Re: PUBLIC RECORDS--appraisal reports obtained by a
municipality in anticipation of land acquisition.
Section 119.011, F.S.

Dear Mr. Skrandel:

This is in further response to your letter requesting an opin-
ion upon the following question:


"CAN THE CITY MAINTAIN AS CON-
FIDENTIAL THE CONTENTS OF
APPRAISAL REPORTS OBTAINED
WITH A VIEW TOWARDS PROPERTY
ACQUISITION DURING THE PERIOD
OF TIME THAT THE CITY UNDER-
TAKES TO COMPLETE THE PURCHASE
AND WHILE IT ATTEMPTS TO
NEGOTIATE THE TERMS, PRICE AND
DETAILS OF THE SALE WITH THE
PROPERTY OWNER?"

Your question is answered by what was said in AGO 071-394, with
reference to confidential applications for the position of
district school superintendent. In distinguishing former opin-
ions of this office holding that the "work product" of a public
official made for his own convenience is not a public record,
it was said:

"In the instant case, on the other
hand, the documents in question are
not simply for the personal conven-
ience of the school board and are
not the preliminary rough notes of
the board. They are formal documents
prepared by persons other than the


72-16







72-17
Honorable Jerome F. Skrandcl '--- V72-63
Page Two


school members and their receipt is
a link in the chain of events lead-
ing to the transaction of an impor-
tant specific official act; .
Both documents play a key role in
the selection process. I am there-
fore of the opinion that both the
applications and the reports are
'public records' within the meaning
of [the Public Records Law]."

This language is equally applicable to the appraisal reports in
question.

This conclusion is in accord with the decision of the Florida
Supreme Court in Shell v. State Road Department, 135 So.2d 857
(Fla. 1962), ruling that the state road department can be
required to produce for inspection its appraisals and apprais-
ers' work sheets prepared in connection with a condemnation pro-
ceeding, and in which the court noted, in a footnote, that "the
files of a governmental authority should be and probably are sub-
ject to inspection by the public generally at all reasonable
hours." The ruling in the Shell case was reaffirmed by the court
in Pinellas County v. Carlson, 242 So.2d 714 (Fla. 1971).

Accordingly, your question must be answered in the negative.

SUMMARY

Appraisal reports made for a public body in connec-
tion with public land acquisition are public records
within the purview of the Public Records Law, Section
119.011, Florida Statutes.

Sincerely,



ROBERT L. SHEVIN
ATTORNEY GENERAL

Prepared By:



Rebecca Bowles Hawkins
Assistant Attorney General


RLS/Hsf




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