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Florida Statute 125.35 - Full Text and Legal Analysis
Florida Statute 125.35 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 125.35 Case Law from Google Scholar Google Search for Amendments to 125.35

The 2025 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS
Chapter 125
COUNTY GOVERNMENT
View Entire Chapter
F.S. 125.35
125.35 County authorized to sell real and personal property and to lease real property.
(1)(a) The board of county commissioners is expressly authorized to sell and convey any real or personal property, and to lease real property, belonging to the county, whenever the board determines that it is to the best interest of the county to do so, to the highest and best bidder for the particular use the board deems to be the highest and best, for such length of term and such conditions as the governing body may in its discretion determine.
(b) Notwithstanding paragraph (a), under terms and conditions negotiated by the board, the board of county commissioners may:
1. Negotiate the lease of an airport or seaport facility;
2. Modify or extend an existing lease of real property for an additional term not to exceed 25 years, where the improved value of the lease has an appraised value in excess of $20 million; or
3. Lease a professional sports franchise facility financed by revenues received pursuant to s. 125.0104 or s. 212.20 which may include commercial development that is ancillary to the sports facility if the ancillary development property is part of or contiguous to the professional sports franchise facility. The board’s authority to lease the above described ancillary commercial development in conjunction with a professional sports franchise facility lease applies only if at the time the board leases the ancillary commercial development, the professional sports franchise facility lease has been in effect for at least 10 years and such lease has at least an additional 10 years remaining in the lease term.
(c) No sale of any real property shall be made unless notice thereof is published once a week for at least 2 weeks in some newspaper of general circulation published in the county, calling for bids for the purchase of the real estate so advertised to be sold. In the case of a sale, the bid of the highest bidder complying with the terms and conditions set forth in such notice shall be accepted, unless the board of county commissioners rejects all bids because they are too low. The board of county commissioners may require a deposit to be made or a surety bond to be given, in such form or in such amount as the board determines, with each bid submitted.
(2) When the board of county commissioners finds that a parcel of real property is of insufficient size and shape to be issued a building permit for any type of development to be constructed on the property or when the board of county commissioners finds that the value of a parcel of real property is $15,000 or less, as determined by a fee appraiser designated by the board or as determined by the county property appraiser, and when, due to the size, shape, location, and value of the parcel, it is determined by the board that the parcel is of use only to one or more adjacent property owners, the board may effect a private sale of the parcel. The board may, after sending notice of its intended action to owners of adjacent property by certified mail, effect a sale and conveyance of the parcel at private sale without receiving bids or publishing notice; however, if, within 10 working days after receiving such mailed notice, two or more owners of adjacent property notify the board of their desire to purchase the parcel, the board shall accept sealed bids for the parcel from such property owners and may convey such parcel to the highest bidder or may reject all offers.
(3) As an alternative to subsections (1) and (2), the board of county commissioners may by ordinance prescribe disposition standards and procedures to be used by the county in selling and conveying any real or personal property and in leasing real property owned by the county. The standards and procedures must provide at a minimum for:
(a) Establishment of competition and qualification standards upon which disposition will be determined.
(b) Reasonable public notice of the intent to consider disposition of county property and the availability of copies of the standards. Reasonableness of the notice is to be determined by the efficacy and efficiency of the means of communication used.
(c) Identification of the form and manner by which an interested person may acquire county property.
(d) Types of negotiation procedures applicable to the selection of a person to whom county properties may be disposed.
(e) The manner in which interested persons will be notified of the board’s intent to consider final action at a regular meeting of the board on the disposition of a property and the time and manner for making objections.
(f) Adherence in the disposition of real property to the governing comprehensive plan and zoning ordinances.
History.s. 1, ch. 23829, 1947; s. 1, ch. 70-388; s. 1, ch. 77-475; s. 1, ch. 81-87; s. 1, ch. 83-100; s. 1, ch. 86-105; s. 2, ch. 89-103; s. 2, ch. 95-416; ss. 1, 2, ch. 99-190; s. 1, ch. 2001-252; ss. 56, 79, ch. 2002-402; s. 8, ch. 2013-213.

F.S. 125.35 on Google Scholar

F.S. 125.35 on CourtListener

Amendments to 125.35


Annotations, Discussions, Cases:

Cases Citing Statute 125.35

Total Results: 25

State v. Dixon

283 So. 2d 1

Supreme Court of Florida | Filed: Jul 26, 1973 | Docket: 401064

Cited 576 times | Published

Consol. Laws, c. 40, § 125.30 (Supp. 1970-71), § 125.35 (1967). [14] Pa. Stat. Ann., Tit. 18, § 4701

Marriott Corp. v. Metropolitan Dade County

383 So. 2d 662, 1980 Fla. App. LEXIS 16695

District Court of Appeal of Florida | Filed: Apr 15, 1980 | Docket: 1512405

Cited 25 times | Published

Section 125.012(17), Florida Statutes (1977) and Section 125.35, Florida Statutes (1977). Each bidder was required

Cunningham v. Adams

808 F.2d 815

Court of Appeals for the Eleventh Circuit | Filed: Jan 26, 1987 | Docket: 66222352

Cited 15 times | Published

the instructions to the bidders. See 8 Fla.Stat. § 125.35. Moreover, while the invitation to bid listed

Rolling Oaks Homeowner's Ass'n v. Dade County

492 So. 2d 686, 11 Fla. L. Weekly 1478

District Court of Appeal of Florida | Filed: Jun 26, 1986 | Docket: 1518640

Cited 13 times | Published

competitive bidding procedures required by section 125.35, Florida Statutes (1983). Count I, entitled

BROWARD COUNTY RUBBISH CON. ASS'N v. Broward County

112 So. 2d 898

District Court of Appeal of Florida | Filed: Apr 1, 1959 | Docket: 1713314

Cited 10 times | Published

exclusive franchise holder, Affiliated, contrary to section 125.35, Florida Statutes [F.S.A.], which authorizes

Dedmond v. Escambia County

244 So. 2d 758, 1971 Fla. App. LEXIS 7060

District Court of Appeal of Florida | Filed: Feb 25, 1971 | Docket: 1753030

Cited 9 times | Published

conveyances where land is sold pursuant to Section 125.35, Florida Statutes, F.S.A., nowhere in the wording

Pandya v. Israel

761 So. 2d 454, 2000 WL 726486

District Court of Appeal of Florida | Filed: Jun 7, 2000 | Docket: 1709359

Cited 4 times | Published

Dinesh Pandya and Palm Beach County contravened section 125.35(1)(a), Florida Statutes (1997), which provides

Outdoor Media of Pensacola, Inc. v. Santa Rosa County

554 So. 2d 613, 1989 WL 153633

District Court of Appeal of Florida | Filed: Dec 22, 1989 | Docket: 1693346

Cited 4 times | Published

dismissed for failure to state a cause of action. Section 125.35(1)(a), Florida Statutes (1987), provides in

Randall Industries, Inc. v. Lee County

307 So. 2d 499

District Court of Appeal of Florida | Filed: Feb 5, 1975 | Docket: 1335591

Cited 4 times | Published

competitive bidding as required by Fla. Stat. § 125.35 (1973). It was further alleged that in prohibiting

American Recycling Co., Inc. v. County of Manatee

963 F. Supp. 1572, 1997 U.S. Dist. LEXIS 10995, 1997 WL 251462

District Court, M.D. Florida | Filed: May 6, 1997 | Docket: 1219767

Cited 3 times | Published

cancellation would violate the mandate of Florida Statute 125.35,[3] "requiring that the award be made to

Wolf Ridge Plastics v. Jacksonville Elec.

388 So. 2d 1298

District Court of Appeal of Florida | Filed: Oct 7, 1980 | Docket: 419788

Cited 3 times | Published

to insist upon compliance with the statute, Section 125.35, Florida Statutes, requiring that the award

Matheson v. Miami-Dade County

258 So. 3d 516

District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 8015408

Published

injunctive relief. Matheson’s petition alleged that section 125.35, Florida Statutes,2 required the county to

Ago

Florida Attorney General Reports | Filed: Oct 26, 2011 | Docket: 3256965

Published

substantially the following question: Pursuant to section 125.35(1)(b)1., Florida Statutes, may the county negotiate

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Florida Attorney General Reports | Filed: Jun 24, 2011 | Docket: 3257837

Published

follow the competitive process prescribed in section 125.35, Florida Statutes, in selling the county airport

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Florida Attorney General Reports | Filed: Jun 8, 1999 | Docket: 3256069

Published

site must be competitively bid pursuant to section 125.35, Florida Statutes. Such lease may be for a

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Florida Attorney General Reports | Filed: Sep 25, 1997 | Docket: 3255153

Published

complying with the competitive bid requirements of section 125.35, Florida Statutes? In sum: While the Broward

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Florida Attorney General Reports | Filed: Aug 5, 1997 | Docket: 3258757

Published

substantially the following questions: 1. Is section 125.35, Florida Statutes, applicable to the proposed

Tamar 7600, Inc. v. Orange County

686 So. 2d 790, 1997 WL 24242

District Court of Appeal of Florida | Filed: Jan 24, 1997 | Docket: 1676013

Published

to the competitive bidding requirements of section 125.35, Florida Statutes (1993). In particular, the

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Florida Attorney General Reports | Filed: Feb 29, 1996 | Docket: 3255243

Published

the following question: Do the provisions of section 125.35, Florida Statutes, govern the disposition of

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Florida Attorney General Reports | Filed: Nov 17, 1994 | Docket: 3258310

Published

Commissioners of Dade County is authorized by section 125.35(1)(a), Florida Statutes, to grant a lease to

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Florida Attorney General Reports | Filed: Aug 25, 1988 | Docket: 3257291

Published

exchange real or personal property."3 (e.s.) Section 125.35(1), F.S., provides, in pertinent part, as follows:

Furnams v. Santa Rosa Island Authority

377 So. 2d 983, 1979 Fla. App. LEXIS 16197

District Court of Appeal of Florida | Filed: Nov 8, 1979 | Docket: 64573254

Published

nevertheless constitute a valid public purpose. Section 125.35, Florida Statutes, requiring county commissioners

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Florida Attorney General Reports | Filed: Jun 9, 1977 | Docket: 3256659

Published

provided by law, s. 197.700(2), F. S. 1971. Section 125.35, F. S., provides the method for the sale of

Ackman v. Dade County

308 So. 2d 622, 1975 Fla. App. LEXIS 14570

District Court of Appeal of Florida | Filed: Feb 11, 1975 | Docket: 64544654

Published

Miami International Airport pursuant to Fla.Stat. § 125.35. The petition for mandamus was dismissed and the

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Florida Attorney General Reports | Filed: Aug 1, 1974 | Docket: 3257645

Published

applicable to the proposed lease you describe. Section 125.35 covers county leases in general; s. 125.38