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 real property for a limited |
5 | period; amending s. 337.29, F.S.; authorizing transfers of |
6 | right-of-way between local governments by deed; providing |
7 | an effective date. |
8 |
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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, 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, without |
25 | undertaking the process required by paragraph (a), to: |
26 | 1. Negotiate the lease of an airport or seaport facility; |
27 | 2. Negotiate the lease of real property, other than an |
28 | airport or seaport facility, for a term not to exceed 5 years; |
29 | 3.2. Modify or extend an existing lease of real property |
30 | for an additional term not to exceed 25 years, where the |
31 | improved value of the lease has an appraised value in excess of |
32 | $20 million; or |
33 | 4.3. Lease a professional sports franchise facility |
34 | financed by revenues received pursuant to s. 125.0104 or s. |
35 | 212.20; |
36 |
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37 | under such terms and conditions as negotiated by the board. |
38 | (c) A No sale of any real property may not shall be made |
39 | unless notice thereof is published once a week for at least 2 |
40 | weeks in some newspaper of general circulation published in the |
41 | county, calling for bids for the purchase of the real estate so |
42 | advertised to be sold. In the case of a sale, the bid of the |
43 | highest bidder complying with the terms and conditions set forth |
44 | in such notice shall be accepted, unless the board of county |
45 | commissioners rejects all bids because they are too low. The |
46 | board of county commissioners may require a deposit to be made |
47 | or a surety bond to be given, in such form or in such amount as |
48 | the board determines, with each bid submitted. |
49 | Section 2. Subsection (3) of section 337.29, Florida |
50 | Statutes, is amended to read: |
51 | 337.29 Vesting of title to roads; liability for torts.- |
52 | (3) Title to all roads transferred in accordance with the |
53 | provisions of s. 335.0415 shall be in the governmental entity to |
54 | which such roads have been transferred, upon the recording of a |
55 | deed or a right-of-way map by the appropriate governmental |
56 | entity in the public land records of the county or counties in |
57 | which such rights-of-way are located. To the extent that |
58 | sovereign immunity has been waived, liability for torts shall be |
59 | in the governmental entity having operation and maintenance |
60 | responsibility as provided in s. 335.0415. Except as otherwise |
61 | provided by law, a municipality shall have the same |
62 | governmental, corporate, and proprietary powers with relation to |
63 | any public road or right-of-way within the municipality which |
64 | has been transferred to another governmental entity pursuant to |
65 | s. 335.0415 that the municipality has with relation to other |
66 | public roads and rights-of-way within the municipality. |
67 | Section 3. This act shall take effect July 1, 2011. |