January 26, 2021
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       Florida Senate - 2010                             CS for SB 1004
       By the Committee on Judiciary; and Senators Gelber and Bullard
       590-03229-10                                          20101004c1
    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 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.
   10  Be It Enacted by the Legislature of the State of Florida:
   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 may 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 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;
   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, 2010.

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