HB 767

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 is expressly
16	authorized to sell 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 of paragraph (a), the
24	board of county commissioners is expressly authorized, without
25	undertaking the process required by paragraph (a), 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;
36
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, 2011.

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