January 26, 2021
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       Florida Senate - 2010                      CS for CS for SB 1004
       By the Committees on Criminal and Civil Justice Appropriations;
       and Judiciary; and Senators Gelber and Bullard
       604-04276-10                                          20101004c2
    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 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;
   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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