House Bill 0875c1

    Florida House of Representatives - 1999              CS/HB 875

        By the Committee on Claims and Representatives Levine,
    Arnall, Wiles and Greenstein





  1                      A bill to be entitled

  2         An act relating to county leasing and financing

  3         of property; amending s. 125.35, F.S.; allowing

  4         counties to limit liability in specified

  5         circumstances; providing an effective date.

  6

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

  8

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

10  Statutes, is amended to read:

11         125.35  County authorized to sell real and personal

12  property and to lease real property.--

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

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

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

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

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

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

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

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

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

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

23  applicable to the lease involving such modification or

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

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

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

27  Board of County Commissioners is expressly authorized to lease

28  a professional sports franchise facility financed by revenues

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

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

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

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






    Florida House of Representatives - 1999              CS/HB 875

    176-145-99






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

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

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

  4  25,000 square feet must be reasonable and necessary for the

  5  operation of the port and must be physically located within

  6  the jurisdiction of the port authority.

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

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

  9  in some newspaper of general circulation published in the

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

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

12  the highest bidder complying with the terms and conditions set

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

14  county commissioners rejects all bids because they are too

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

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

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

18         (c)  Counties that hold liability insurance may agree

19  to hold harmless and indemnify any party to a lease or

20  financing of real property or airport or seaport operation or

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

22  the counties' insurance coverage. Such indemnification shall

23  not waive any defense of sovereign immunity, and is not

24  applicable to damages resulting from gross negligence or

25  willful misconduct of the indemnified parties. The

26  indemnification is to be limited only to transactions which

27  serve a paramount public purpose.

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

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