House Bill 0875

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    Florida House of Representatives - 1999                 HB 875

        By Representatives Levine, Arnall, Bitner and Wiles






  1                      A bill to be entitled

  2         An act relating to  to county leasing and

  3         financing of property; amending s. 125.35,

  4         F.S.; providing for a waiver of sovereign

  5         immunity with respect to certain county

  6         contracts; providing an effective date.

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

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

11  Statutes, is amended to read:

12         125.35  County authorized to sell real and personal

13  property and to lease real property.--

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

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

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

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

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

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

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

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

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

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

24  applicable to the lease involving such modification or

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

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

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

28  Board of County Commissioners is expressly authorized to lease

29  a professional sports franchise facility financed by revenues

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

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

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






    Florida House of Representatives - 1999                 HB 875

    707-105-99






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

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

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

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

  5  25,000 square feet must be reasonable and necessary for the

  6  operation of the port and must be physically located within

  7  the jurisdiction of the port authority.

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

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

10  in some newspaper of general circulation published in the

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

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

13  the highest bidder complying with the terms and conditions set

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

15  county commissioners rejects all bids because they are too

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

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

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

19         (c)  In accordance with s. 13, Art. X of the State

20  Constitution, the state shall waive sovereign immunity on

21  behalf of a county when, by contract, the county agrees to

22  hold harmless and indemnify any party to a lease or financing

23  of real property or airport or seaport operation or facility

24  against damages to third parties, notwithstanding s. 768.28,

25  up to such amount as is set forth in the contract where such

26  damage has not resulted from the gross negligence or willful

27  misconduct of the indemnified parties. The action authorized

28  pursuant to this paragraph is to be limited only to

29  transactions which serve a paramount public purpose.

30         Section 2.  This act shall take effect July 1, 1999.

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    Florida House of Representatives - 1999                 HB 875

    707-105-99






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  2                          HOUSE SUMMARY

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      Provides that the state shall waive sovereign immunity on
  4    behalf of a county when, by contract, the county agrees
      to hold harmless and indemnify any party to a lease or
  5    financing of real property or airport or seaport
      operation or facility against damages to third parties,
  6    up to such amount as is set forth in the contract where
      such damage has not resulted from the gross negligence or
  7    willful misconduct of the indemnified parties. Provides
      that the action authorized is to be limited only to
  8    transactions which serve a paramount public interest.

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