HB 829

1	A bill to be entitled
2	An act relating to local government; amending s. 125.35,
3	F.S.; authorizing a board of county commissioners to
4	negotiate the lease of certain county property for a
5	limited period; amending s. 337.29, F.S.; authorizing
6	transfers of right-of-way between local governments by
7	deed; amending s. 843.08, F.S.; prohibiting a person from
8	falsely personating a firefighter; providing criminal
9	penalties; reenacting s. 921.0022(3)(b), F.S., relating to
10	the offense severity ranking chart of the Criminal
11	Punishment Code, to incorporate the amendment made to s.
12	843.08, F.S., in a reference thereto; providing an
13	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
20	property 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
107	ranking chart.-
108	(3)  OFFENSE SEVERITY RANKING CHART
109	(b)  LEVEL 2
	FloridaStatute FelonyDegree Description
110
	379.2431(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
111
	379.2431(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
112
	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.
113
	517.07 3rd Registration of securities and furnishing of prospectus required.
114
	590.28(1) 3rd Willful, malicious, or intentional burning.
115
	784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
116
	787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
117
	806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
118
	810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
119
	810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
120
	812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
121
	812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
122
	812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
123
	817.234(1)(a)2. 3rd False statement in support of insurance claim.
124
	817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
125
	817.52(3) 3rd Failure to redeliver hired vehicle.
126
	817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
127
	817.60(5) 3rd Dealing in credit cards of another.
128
	817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
129
	817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
130
	826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
131
	831.01 3rd Forgery.
132
	831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
133
	831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
134
	831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
135
	831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
136
	831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
137
	832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
138
	843.08 3rd Falsely impersonating an officer.
139
	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.
140
	893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
141
142	Section 5.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.