Florida Senate - 2010 SB 1004
By Senator Gelber
1 A bill to be entitled
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 county
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; amending s. 843.08, F.S.;
8 prohibiting a person from falsely impersonating a
9 firefighter; providing criminal penalties; reenacting
10 s. 921.0022, F.S., relating to the offense severity
11 ranking chart of the Criminal Punishment Code, to
12 incorporate the amendment made to s. 843.08, F.S., in
13 a reference thereto; providing an effective date.
15 Be It Enacted by the Legislature of the State of Florida:
17 Section 1. Subsection (1) of section 125.35, Florida
18 Statutes, is amended to read:
19 125.35 County authorized to sell real and personal property
20 and to lease real property.—
21 (1)(a) The board of county commissioners may
22 authorized to sell and convey any real or personal property, and
23 to lease real property, belonging to the county, whenever the
24 board determines that it is to the best interest of the county
25 to do so, to the highest and best bidder for the particular use
26 the board deems to be the highest and best, for such length of
27 term and such conditions as the governing body may in its
28 discretion determine.
29 (b) Notwithstanding the provisions of paragraph (a), the
30 board of county commissioners is expressly authorized to:
31 1. Negotiate the lease of an airport or seaport facility;
32 2. Negotiate the lease of county property, other than an
33 airport or seaport facility, for a term not to exceed 5 years;
34 3. 2. Modify or extend an existing lease of real property
35 for an additional term not to exceed 25 years, where the
36 improved value of the lease has an appraised value in excess of
37 $20 million; or
38 4. 3. Lease a professional sports franchise facility
39 financed by revenues received pursuant to s. 125.0104 or s.
42 under such terms and conditions as negotiated by the board.
43 (c) A No sale of any real property may not shall be made
44 unless notice thereof is published once a week for at least 2
45 weeks in some newspaper of general circulation published in the
46 county, calling for bids for the purchase of the real estate so
47 advertised to be sold. In the case of a sale, the bid of the
48 highest bidder complying with the terms and conditions set forth
49 in such notice shall be accepted, unless the board of county
50 commissioners rejects all bids because they are too low. The
51 board of county commissioners may require a deposit to be made
52 or a surety bond to be given, in such form or in such amount as
53 the board determines, with each bid submitted.
54 Section 2. Subsection (3) of section 337.29, Florida
55 Statutes, is amended to read:
56 337.29 Vesting of title to roads; liability for torts.—
57 (3) Title to all roads transferred in accordance with the
58 provisions of s. 335.0415 shall be in the governmental entity to
59 which such roads have been transferred, upon the recording of a
60 deed or a right-of-way map by the appropriate governmental
61 entity in the public land records of the county or counties in
62 which such rights-of-way are located. To the extent that
63 sovereign immunity has been waived, liability for torts shall be
64 in the governmental entity having operation and maintenance
65 responsibility as provided in s. 335.0415. Except as otherwise
66 provided by law, a municipality shall have the same
67 governmental, corporate, and proprietary powers with relation to
68 any public road or right-of-way within the municipality which
69 has been transferred to another governmental entity pursuant to
70 s. 335.0415 that the municipality has with relation to other
71 public roads and rights-of-way within the municipality.
72 Section 3. Section 843.08, Florida Statutes, is amended to
74 843.08 Falsely personating officer, etc.—A person who
75 falsely assumes or pretends to be a sheriff, officer of the
76 Florida Highway Patrol, officer of the Fish and Wildlife
77 Conservation Commission, officer of the Department of
78 Environmental Protection, officer of the Department of
79 Transportation, officer of the Department of Financial Services,
80 officer of the Department of Corrections, correctional probation
81 officer, deputy sheriff, state attorney or assistant state
82 attorney, statewide prosecutor or assistant statewide
83 prosecutor, state attorney investigator, coroner, police
84 officer, firefighter, lottery special agent or lottery
85 investigator, beverage enforcement agent, or watchman, or any
86 member of the Parole Commission and any administrative aide or
87 supervisor employed by the commission, or any personnel or
88 representative of the Department of Law Enforcement, or a
89 federal law enforcement officer as defined in s. 901.1505, and
90 takes upon himself or herself to act as such, or to require any
91 other person to aid or assist him or her in a matter pertaining
92 to the duty of any such officer, commits a felony of the third
93 degree, punishable as provided in s. 775.082, s. 775.083, or s.
94 775.084; however, a person who falsely personates any such
95 officer during the course of the commission of a felony commits
96 a felony of the second degree, punishable as provided in s.
97 775.082, s. 775.083, or s. 775.084; except that if the
98 commission of the felony results in the death or personal injury
99 of another human being, the person commits a felony of the first
100 degree, punishable as provided in s. 775.082, s. 775.083, or s.
102 Section 4. For the purpose of incorporating the amendment
103 made by this act to section 843.08, Florida Statutes, in a
104 reference thereto, paragraph (b) of subsection (3) of section
105 921.0022, Florida Statutes, is reenacted to read:
106 921.0022 Criminal Punishment Code; offense severity ranking
108 (3) OFFENSE SEVERITY RANKING CHART
109 (b) LEVEL 2
110 FloridaStatute FelonyDegree Description
111 379.2431(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
112 379.2431(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
113 403.413(5)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
114 517.07 3rd Registration of securities and furnishing of prospectus required.
115 590.28(1) 3rd Willful, malicious, or intentional burning.
116 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
117 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
118 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
119 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
120 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
121 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
122 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
123 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
124 817.234(1)(a)2. 3rd False statement in support of insurance claim.
125 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
126 817.52(3) 3rd Failure to redeliver hired vehicle.
127 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
128 817.60(5) 3rd Dealing in credit cards of another.
129 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
130 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
131 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
132 831.01 3rd Forgery.
133 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
134 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
135 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
136 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
137 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
138 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
139 843.08 3rd Falsely impersonating an officer.
140 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
141 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
142 Section 5. This act shall take effect July 1, 2010.