| 1 | A bill to be entitled |
| 2 | An act relating to local government; amending s. 125.35, |
| 3 | F.S.; authorizing a board of county commissioners to |
| 4 | negotiate the lease of certain county property for a |
| 5 | limited period; amending s. 337.29, F.S.; authorizing |
| 6 | transfers of right-of-way between local governments by |
| 7 | deed; providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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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 may is expressly |
| 16 | authorized to sell and convey any real or personal property, and |
| 17 | to lease real property, belonging to the county, whenever the |
| 18 | board determines that it is to the best interest of the county |
| 19 | to do so, to the highest and best bidder for the particular use |
| 20 | the board deems to be the highest and best, for such length of |
| 21 | term and such conditions as the governing body may in its |
| 22 | discretion determine. |
| 23 | (b) Notwithstanding the provisions of paragraph (a), the |
| 24 | board of county commissioners is expressly authorized to: |
| 25 | 1. Negotiate the lease of an airport or seaport facility; |
| 26 | 2. Negotiate the lease of county property, other than an |
| 27 | airport or seaport facility, for a term not to exceed 5 years; |
| 28 | 3.2. Modify or extend an existing lease of real property |
| 29 | for an additional term not to exceed 25 years, where the |
| 30 | improved value of the lease has an appraised value in excess of |
| 31 | $20 million; or |
| 32 | 4.3. Lease a professional sports franchise facility |
| 33 | financed by revenues received pursuant to s. 125.0104 or s. |
| 34 | 212.20; |
| 35 |
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| 36 | under such terms and conditions as negotiated by the board. |
| 37 | (c) A No sale of any real property may not shall be made |
| 38 | unless notice thereof is published once a week for at least 2 |
| 39 | weeks in some newspaper of general circulation published in the |
| 40 | county, calling for bids for the purchase of the real estate so |
| 41 | advertised to be sold. In the case of a sale, the bid of the |
| 42 | highest bidder complying with the terms and conditions set forth |
| 43 | in such notice shall be accepted, unless the board of county |
| 44 | commissioners rejects all bids because they are too low. The |
| 45 | board of county commissioners may require a deposit to be made |
| 46 | or a surety bond to be given, in such form or in such amount as |
| 47 | the board determines, with each bid submitted. |
| 48 | Section 2. Subsection (3) of section 337.29, Florida |
| 49 | Statutes, is amended to read: |
| 50 | 337.29 Vesting of title to roads; liability for torts.- |
| 51 | (3) Title to all roads transferred in accordance with the |
| 52 | provisions of s. 335.0415 shall be in the governmental entity to |
| 53 | which such roads have been transferred, upon the recording of a |
| 54 | deed or a right-of-way map by the appropriate governmental |
| 55 | entity in the public land records of the county or counties in |
| 56 | which such rights-of-way are located. To the extent that |
| 57 | sovereign immunity has been waived, liability for torts shall be |
| 58 | in the governmental entity having operation and maintenance |
| 59 | responsibility as provided in s. 335.0415. Except as otherwise |
| 60 | provided by law, a municipality shall have the same |
| 61 | governmental, corporate, and proprietary powers with relation to |
| 62 | any public road or right-of-way within the municipality which |
| 63 | has been transferred to another governmental entity pursuant to |
| 64 | s. 335.0415 that the municipality has with relation to other |
| 65 | public roads and rights-of-way within the municipality. |
| 66 | Section 3. This act shall take effect July 1, 2010. |