| 1 | A bill to be entitled |
| 2 | An act relating to local government; amending s. 106.113, |
| 3 | F.S.; deleting provisions prohibiting electioneering |
| 4 | communication expenditures by local governments; revising |
| 5 | the applicability of provisions restricting expenditures |
| 6 | by local governments; amending s. 125.35, F.S.; |
| 7 | authorizing a board of county commissioners to negotiate |
| 8 | the lease of certain real property for a limited period; |
| 9 | amending s. 337.29, F.S.; authorizing transfers of right- |
| 10 | of-way between local governments by deed; providing an |
| 11 | effective date. |
| 12 |
|
| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
|
| 15 | Section 1. Section 106.113, Florida Statutes, is amended |
| 16 | to read: |
| 17 | 106.113 Expenditures by local governments.- |
| 18 | (1) As used in this section, the term: |
| 19 | (a) "Local government" means: |
| 20 | 1. A county, municipality, school district, or other |
| 21 | political subdivision in this state; and |
| 22 | 2. Any department, agency, board, bureau, district, |
| 23 | commission, authority, or similar body of a county, |
| 24 | municipality, school district, or other political subdivision of |
| 25 | this state. |
| 26 | (b) "Public funds" means all moneys under the jurisdiction |
| 27 | or control of the local government. |
| 28 | (2) A local government or a person acting on behalf of |
| 29 | local government may not expend or authorize the expenditure of, |
| 30 | and a person or group may not accept, public funds for a |
| 31 | political advertisement or electioneering communication |
| 32 | concerning an issue, referendum, or amendment, including any |
| 33 | state question, that is subject to a vote of the electors. This |
| 34 | subsection does not apply to an electioneering communication |
| 35 | from a local government or a person acting on behalf of a local |
| 36 | government which is limited to factual information. |
| 37 | (3) With the exception of the prohibitions specified in |
| 38 | subsection (2), this section does not preclude or otherwise |
| 39 | restrict: |
| 40 | (a) An elected official of the local government from |
| 41 | expressing an opinion on any issue at any time. |
| 42 | (b) A local government from adopting or publishing public |
| 43 | notices, resolutions, ordinances, analyses, reports, or similar |
| 44 | materials. |
| 45 | (c) A local government from making a contribution to a |
| 46 | nongovernmental entity as long as such contribution, or any |
| 47 | portion thereof, is not designated for the purpose of a |
| 48 | political advertisement. |
| 49 | Section 2. Subsection (1) of section 125.35, Florida |
| 50 | Statutes, is amended to read: |
| 51 | 125.35 County authorized to sell real and personal |
| 52 | property and to lease real property.- |
| 53 | (1)(a) The board of county commissioners may is expressly |
| 54 | authorized to sell and convey any real or personal property, and |
| 55 | to lease real property, belonging to the county, whenever the |
| 56 | board determines that it is to the best interest of the county |
| 57 | to do so, to the highest and best bidder for the particular use |
| 58 | the board deems to be the highest and best, for such length of |
| 59 | term and such conditions as the governing body may in its |
| 60 | discretion determine. |
| 61 | (b) Notwithstanding the provisions of paragraph (a), the |
| 62 | board of county commissioners is expressly authorized to: |
| 63 | 1. Negotiate the lease of an airport or seaport facility; |
| 64 | 2. Negotiate the lease of real property, other than an |
| 65 | airport or seaport facility, for a term not to exceed 5 years; |
| 66 | 3.2. Modify or extend an existing lease of real property |
| 67 | for an additional term not to exceed 25 years, where the |
| 68 | improved value of the lease has an appraised value in excess of |
| 69 | $20 million; or |
| 70 | 4.3. Lease a professional sports franchise facility |
| 71 | financed by revenues received pursuant to s. 125.0104 or s. |
| 72 | 212.20; |
| 73 |
|
| 74 | under such terms and conditions as negotiated by the board. |
| 75 | (c) A No sale of any real property may not shall be made |
| 76 | unless notice thereof is published once a week for at least 2 |
| 77 | weeks in some newspaper of general circulation published in the |
| 78 | county, calling for bids for the purchase of the real estate so |
| 79 | advertised to be sold. In the case of a sale, the bid of the |
| 80 | highest bidder complying with the terms and conditions set forth |
| 81 | in such notice shall be accepted, unless the board of county |
| 82 | commissioners rejects all bids because they are too low. The |
| 83 | board of county commissioners may require a deposit to be made |
| 84 | or a surety bond to be given, in such form or in such amount as |
| 85 | the board determines, with each bid submitted. |
| 86 | Section 3. Subsection (3) of section 337.29, Florida |
| 87 | Statutes, is amended to read: |
| 88 | 337.29 Vesting of title to roads; liability for torts.- |
| 89 | (3) Title to all roads transferred in accordance with the |
| 90 | provisions of s. 335.0415 shall be in the governmental entity to |
| 91 | which such roads have been transferred, upon the recording of a |
| 92 | deed or a right-of-way map by the appropriate governmental |
| 93 | entity in the public land records of the county or counties in |
| 94 | which such rights-of-way are located. To the extent that |
| 95 | sovereign immunity has been waived, liability for torts shall be |
| 96 | in the governmental entity having operation and maintenance |
| 97 | responsibility as provided in s. 335.0415. Except as otherwise |
| 98 | provided by law, a municipality shall have the same |
| 99 | governmental, corporate, and proprietary powers with relation to |
| 100 | any public road or right-of-way within the municipality which |
| 101 | has been transferred to another governmental entity pursuant to |
| 102 | s. 335.0415 that the municipality has with relation to other |
| 103 | public roads and rights-of-way within the municipality. |
| 104 | Section 4. This act shall take effect July 1, 2010. |