GANNETT CO., INC., D/B/A FORT MYERS NEWS-PRESS, APPELLANT,
v.
GEORGE GOLDTRAP ET AL., APPELLEES
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The court held that an appraisal report obtained by a county for property acquisition is a public record subject to inspection under Florida law, even during negotiations.
[1] Written appraisal reports obtained by a county in connection with proposed property acquisition for a landfill site constitute public records subject to inspection.
[2] An appraisal report does not become a public record only upon the completion of a transaction; it is a public record from its creation.
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Join FLexlaw to unlock all legal intelligenceAppellant sought mandamus to inspect an appraisal report used by the County for property acquisition. The trial court denied the petition, and appella…
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GRIMES, Judge.
Appellant sought the issuance of an alternative writ of mandamus against the County Commissioners of Lee County and the County Administrator commanding them to allow the inspection of a written appraisal report obtained by the County in connection with negotiations for the proposed acquisition of property for a landfill site. Appellant contended that the appraisal report consisted of a public record which must be opened for the personal inspection of any citizen of Florida under § 119.01, F.S.A. The court below denied the petition.
At oral argument, counsel for the appellant conceded that the disclosure of the contents of the appraisal during the negotiations would be harmful to the County, but argued that this was irrelevant under the statute. We agree on both points.
There can be no doubt that the written appraisal report falls within the scope of “public records” as defined in § 119.011(1), F.S.A. There is nothing in the statute to warrant the conclusion expressed by the judge that the appraisal would not become a “public record” until the transaction had been completed.
In State ex rel. Copeland v. Cartwright, 1972, 38 F.Supp. 6, the circuit court held that a site plan review prepared for a public building project should be open for public inspection under the statute irrespective of its preliminary character. See also AGO 072-63, in which the Attorney General expressed the opinion that appraisal reports made for a public body in connection with land acquisitions are public records even during the period of negotiation.
Having determined the appraisal to be a public record, there remains only the question of whether it falls within the exemption of § 119.07(2), F.S.A. Since the appraisal report is not protected from disclosure by statute and could not be considered to be confidential under common law, it is not exempt. Therefore, the document must be made available for inspection to the general public.
Reversed.
HOBSON, A. C. J., and BERANEK, JOHN R., Associate Judge, concur.
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Zuberbuhler v. Division OF Administration, 344 So. 2d 1304 (Fla. 2d DCA 1977)…owner in these court proceedings. The unfairness inuring to the condemning authority is obvious. Without Rule 1.280(b)(3)(A), the condemnor may be handicapped at trial, for its appraisal is available to the litigants. Gannett Co., Inc. v. Goldtrap, 302 So. 2d 174 (Fla. 2d DCA 1974). Without Rule 1.280(b)(3)(A), the scales of justice are weighted against the condemnor and the public who must ultimately pay all reasonable costs of these proceedings. Even more important is the fairness the Rule brings to our sy…
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Douglas v. Dyer Michel & Custodian of the records of the Marion Cnty. Hosp. Dist., 410 So. 2d 936 (Fla. 5th DCA 1982)…raining from carving out any judicial exceptions, no matter how harmful and damaging the disclosure might be. See Rose v. D’Alessandro, 380 So. 2d 419 (Fla.1980); Wait v. Florida Power & Light Co., 372 So. 2d 420 (Fla.1979); Gannett Co. v. Goldtrap, 302 So. 2d 174 (Fla. 2d DCA 1974). The context of section 119.-07(3)(f) and its grammatical structure strongly indicate the Legislature intended no general exemption for all types of personnel records. III. SHOULD THE ACCESS TO THE PERSONNEL RECORDS BE BARRED BEC…
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Lavon Wisher v. News-Press Publ'g Co., 310 So. 2d 345 (Fla. 2d DCA 1975)…by any agency. * * * ' * * * » This court recently required disclosure of a written appraisal report obtained by the county in connection with negotiations for the proposed acquisition of property. Gannett Co., Inc. v. Goldtrap, Fla.App.2nd, 1974, 302 So. 2d 174. A preliminary site plan review prepared for a public building project has also been held subject to public inspection under the statute. State ex rel. Copeland v. Cartwright, 1972, 38 Fla.Supp. 6, aff’d Fla.App.4th, 1973, 282 So. 2d 45. Since gove…
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