January 17, 2021
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       Florida Senate - 2010                                    SB 1004
       
       
       
       By Senator Gelber
       
       
       
       
       35-00963A-10                                          20101004__
    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.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   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 is expressly
   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.
   40  212.20;
   41  
   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
   73  read:
   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.
  101  775.084.
  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
  107  chart.—
  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.

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