Bill Text: FL S1004 | 2010 | Regular Session | Enrolled


Bill Title: Local Government [EPSC]

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2010-07-20 - Veto Message received (2010-C) -SJ 00003; Veto Message referred to Rules -SJ 00005 [S1004 Detail]

Download: Florida-2010-S1004-Enrolled.html
 
ENROLLED 
2010 Legislature                           CS for CS for SB 1004 
20101004er 
1 
2         An act relating to local government; amending s. 
3         125.35, F.S.; authorizing a board of county 
4         commissioners to negotiate the lease of certain real 
5         property for a limited period; amending s. 337.29, 
6         F.S.; authorizing transfers of right-of-way between 
7         local governments by deed; providing an effective 
8         date. 
9 
10  Be It Enacted by the Legislature of the State of Florida: 
11 
12         Section 1. Subsection (1) of section 125.35, Florida 
13  Statutes, is amended to read: 
14         125.35 County authorized to sell real and personal property 
15  and to lease real property.— 
16         (1)(a) The board of county commissioners is expressly 
17  authorized to sell and convey any real or personal property, and 
18  to lease real property, belonging to the county, whenever the 
19  board determines that it is to the best interest of the county 
20  to do so, to the highest and best bidder for the particular use 
21  the board deems to be the highest and best, for such length of 
22  term and such conditions as the governing body may in its 
23  discretion determine. 
24         (b) Notwithstanding the provisions of paragraph (a), the 
25  board of county commissioners is expressly authorized, without 
26  undertaking the process required by paragraph (a), to: 
27         1. Negotiate the lease of an airport or seaport facility; 
28         2. Negotiate the lease of real property, other than an 
29  airport or seaport facility, for a term not to exceed 5 years; 
30         3.2. Modify or extend an existing lease of real property 
31  for an additional term not to exceed 25 years, where the 
32  improved value of the lease has an appraised value in excess of 
33  $20 million; or 
34         4.3. Lease a professional sports franchise facility 
35  financed by revenues received pursuant to s. 125.0104 or s. 
36  212.20; 
37 
38  under such terms and conditions as negotiated by the board. 
39         (c) A No sale of any real property may not shall be made 
40  unless notice thereof is published once a week for at least 2 
41  weeks in some newspaper of general circulation published in the 
42  county, calling for bids for the purchase of the real estate so 
43  advertised to be sold. In the case of a sale, the bid of the 
44  highest bidder complying with the terms and conditions set forth 
45  in such notice shall be accepted, unless the board of county 
46  commissioners rejects all bids because they are too low. The 
47  board of county commissioners may require a deposit to be made 
48  or a surety bond to be given, in such form or in such amount as 
49  the board determines, with each bid submitted. 
50         Section 2. Subsection (3) of section 337.29, Florida 
51  Statutes, is amended to read: 
52         337.29 Vesting of title to roads; liability for torts.— 
53         (3) Title to all roads transferred in accordance with the 
54  provisions of s. 335.0415 shall be in the governmental entity to 
55  which such roads have been transferred, upon the recording of a 
56  deed or a right-of-way map by the appropriate governmental 
57  entity in the public land records of the county or counties in 
58  which such rights-of-way are located. To the extent that 
59  sovereign immunity has been waived, liability for torts shall be 
60  in the governmental entity having operation and maintenance 
61  responsibility as provided in s. 335.0415. Except as otherwise 
62  provided by law, a municipality shall have the same 
63  governmental, corporate, and proprietary powers with relation to 
64  any public road or right-of-way within the municipality which 
65  has been transferred to another governmental entity pursuant to 
66  s. 335.0415 that the municipality has with relation to other 
67  public roads and rights-of-way within the municipality. 
68         Section 3. This act shall take effect July 1, 2010. 
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