Senate Bill 1110c1

CODING: Words stricken are deletions; words underlined are additions.


    Florida Senate - 1999                           CS for SB 1110

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senator Campbell




    316-2025-99

  1                      A bill to be entitled

  2         An act relating to county leasing; amending s.

  3         125.35, F.S.; authorizing counties to waive

  4         sovereign immunity under specified

  5         circumstances in cases of lease or financing of

  6         airport or seaport operations or facilities or

  7         of real property; providing an effective date.

  8

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

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11         Section 1.  Subsection (1) of section 125.35, Florida

12  Statutes, is amended to read:

13         125.35  County authorized to sell real and personal

14  property and to lease real property.--

15         (1)(a)  The board of county commissioners is expressly

16  authorized to sell and convey any real or personal property,

17  and to lease real property, belonging to the county, whenever

18  the board determines that it is to the best interest of the

19  county to do so, to the highest and best bidder for the

20  particular use the board deems to be the highest and best or,

21  alternatively, in the case of an airport or seaport operation

22  or facility lease, or a modification of an existing lease of

23  real property, or a new extension thereof for an additional

24  term not to exceed 25 years, where the improved leasehold

25  applicable to the lease involving such modification or

26  extension has an appraised value in excess of $20 million,

27  after negotiation, for such length of term and such conditions

28  as the governing body may in its discretion determine.  The

29  Board of County Commissioners is expressly authorized to lease

30  a professional sports franchise facility financed by revenues

31  received pursuant to s. 125.0104 or s. 212.20, under such

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 1110
    316-2025-99




  1  terms and conditions as negotiated by the board. In the case

  2  of a seaport, however, leased space may not be negotiated for

  3  a hotel; retail establishment; or an office complex except for

  4  port users in excess of 25,000 square feet, and any leased

  5  space for an office complex except for port users of less than

  6  25,000 square feet must be reasonable and necessary for the

  7  operation of the port and must be physically located within

  8  the jurisdiction of the port authority.

  9         (b)  No sale of any real property shall be made unless

10  notice thereof is published once a week for at least 2 weeks

11  in some newspaper of general circulation published in the

12  county, calling for bids for the purchase of the real estate

13  so advertised to be sold.  In the case of a sale, the bid of

14  the highest bidder complying with the terms and conditions set

15  forth in such notice shall be accepted, unless the board of

16  county commissioners rejects all bids because they are too

17  low.  The board of county commissioners may require a deposit

18  to be made or a surety bond to be given, in such form or in

19  such amount as the board determines, with each bid submitted.

20         (c)  Counties that hold liability insurance may agree

21  to hold harmless and indemnify any party to a lease or the

22  financing of real property or airport or seaport operation or

23  facility against damages to third parties, up to the limits of

24  the counties' insurance coverage. Such indemnification shall

25  not waive any defense of sovereign immunity and is not

26  applicable to damages resulting from gross negligence or

27  willful misconduct of the indemnified parties. The

28  indemnification is to be limited only to transactions that

29  serve a paramount public purpose.

30         Section 2.  This act shall take effect upon becoming a

31  law.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 1110
    316-2025-99




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1110

  3

  4  Instead of creating a waiver of sovereign immunity that
    permits counties to indemnify the lessees of real property,
  5  port, and airport facilities, the committee substitute
    authorizes counties to indemnify such lessees only up to the
  6  limit of the county's insurance coverage. In addition, such
    indemnification is not considered to be a waiver of sovereign
  7  immunity and may only be provided when the county determines
    that the indemnification serves a "paramount public purpose."
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