| 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 real property for a limited | 
| 5 | period; amending s. 337.29, F.S.; authorizing transfers of | 
| 6 | right-of-way between local governments by deed; providing | 
| 7 | an effective date. | 
| 8 | 
 | 
| 9 | Be It Enacted by the Legislature of the State of Florida: | 
| 10 | 
 | 
| 11 | Section 1.  Subsection (1) of section 125.35, Florida | 
| 12 | Statutes, is amended to read: | 
| 13 | 125.35  County authorized to sell real and personal | 
| 14 | property and to lease real property.- | 
| 15 | (1)(a)  The board of county commissioners may is expressly  | 
| 16 | authorized tosell and convey any real or personal property, and | 
| 17 | to lease real property, belonging to the county, whenever the | 
| 18 | board determines that it is to the best interest of the county | 
| 19 | to do so, to the highest and best bidder for the particular use | 
| 20 | the board deems to be the highest and best, for such length of | 
| 21 | term and such conditions as the governing body may in its | 
| 22 | discretion determine. | 
| 23 | (b)  Notwithstanding the provisions ofparagraph (a), the | 
| 24 | board of county commissioners is expressly authorized to: | 
| 25 | 1.  Negotiate the lease of an airport or seaport facility; | 
| 26 | 2.  Negotiate the lease of real property, other than an | 
| 27 | airport or seaport facility, for a term not to exceed 5 years; | 
| 28 | 3. 2.Modify or extend an existing lease of real property | 
| 29 | for an additional term not to exceed 25 years, where the | 
| 30 | improved value of the lease has an appraised value in excess of | 
| 31 | $20 million; or | 
| 32 | 4. 3.Lease a professional sports franchise facility | 
| 33 | financed by revenues received pursuant to s. 125.0104 or s. | 
| 34 | 212.20; | 
| 35 | 
 | 
| 36 | under such terms and conditions as negotiated by the board. | 
| 37 | (c)  A Nosale of any real property may notshallbe made | 
| 38 | unless notice thereof is published once a week for at least 2 | 
| 39 | weeks in some newspaper of general circulation published in the | 
| 40 | county, calling for bids for the purchase of the real estate so | 
| 41 | advertised to be sold. In the case of a sale, the bid of the | 
| 42 | highest bidder complying with the terms and conditions set forth | 
| 43 | in such notice shall be accepted, unless the board of county | 
| 44 | commissioners rejects all bids because they are too low. The | 
| 45 | board of county commissioners may require a deposit to be made | 
| 46 | or a surety bond to be given, in such form or in such amount as | 
| 47 | the board determines, with each bid submitted. | 
| 48 | Section 2.  Subsection (3) of section 337.29, Florida | 
| 49 | Statutes, is amended to read: | 
| 50 | 337.29  Vesting of title to roads; liability for torts.- | 
| 51 | (3)  Title to all roads transferred in accordance with the | 
| 52 | provisions of s. 335.0415 shall be in the governmental entity to | 
| 53 | which such roads have been transferred, upon the recording of a | 
| 54 | deed or a right-of-way map by the appropriate governmental | 
| 55 | entity in the public land records of the county or counties in | 
| 56 | which such rights-of-way are located. To the extent that | 
| 57 | sovereign immunity has been waived, liability for torts shall be | 
| 58 | in the governmental entity having operation and maintenance | 
| 59 | responsibility as provided in s. 335.0415. Except as otherwise | 
| 60 | provided by law, a municipality shall have the same | 
| 61 | governmental, corporate, and proprietary powers with relation to | 
| 62 | any public road or right-of-way within the municipality which | 
| 63 | has been transferred to another governmental entity pursuant to | 
| 64 | s. 335.0415 that the municipality has with relation to other | 
| 65 | public roads and rights-of-way within the municipality. | 
| 66 | Section 3.  This act shall take effect July 1, 2010. |