Florida/Georgia Personal Injury & Workers Compensation

...9 (October 20, 1972). [10] Cal.Penal Code § 190.1 (1970). [11] Conn. Gen. Stat.Rev. § 53a-46 (Supp. 1969). [12] Act of March 27, 1970, No. 1333, Ga. Laws 1970, p. 949. [13] N.Y.Penal Law, McKinney's Consol. Laws, c. 40, § 125.30 (Supp. 1970-71), § 125.35 (1967)....

...[16] New York law provided in similar manner that "evidence may be presented by either party on any matter relevant to sentence... . Any relevant evidence, not legally privileged, shall be received regardless of its admissibility under the exclusionary rules of evidence." N.Y.Penal Law § 125.35(3) (1967)....

...an "Operational and Management Services Agreement" to sell alcoholic beverages in the new International Satellite facility at the Miami International Airport. The invitation was advertised pursuant to Section 125.012(17), Florida Statutes (1977) and Section 125.35, Florida Statutes (1977)....

...submission of a portion of those funds to the county. Their theory removes only the requirement for formal sealed bids but does not negate competitive bidding requirements. In addition to the resolutions, charter, and code, Sections 125.012(17) and 125.35, Florida Statutes (1977), discuss competitive bidding. [1] Appellees contend the contract under consideration is a non-exclusive, a non-aeronautical contract and that the provisions of Section 125.35, Florida Statutes (1977), are overridden by the subsequent passage of Section 125.012(17), Florida Statutes (1977), which imply that only exclusive franchises must be awarded by competitive bidding....

...notice of the fact that it intends to grant such exclusive franchise and will at a time certain to be fixed in said notice ... enter into negotiations with any interested parties as to the terms, conditions, and provisions of any such exclusive franchise. Section 125.35, Florida Statutes (1977), states: The board of county commissioners is expressly authorized to sell and convey any property, real or personal, and to lease real property, belonging to the county, ......

...The county’s instructions to bidders stated that the Evaluation Committee would make a “recommendation” to the Board, not a selection — the responsibility for making the award rested with the Board by statute and as stated in the instructions to the bidders. See 8 Fla.Stat. § 125.35....

...is illegal because no notice or public hearing preceded it; that the contract between the County and Dolphin Stadium Corp. is an illegal contract for specific zoning; and that the lease was effectuated in violation of the competitive bidding procedures required by section 125.35, Florida Statutes (1983)....

...We find that appellants have stated a cause of action in Count VIII, entitled "Failure to Comply with Bid Procedures." This count alleges that the County Commission acted illegally in authorizing a lease that was not necessarily made to the highest and best bidder pursuant to section 125.35, Florida Statutes. Appellees argue that section 125.35 does not include leases of county property in its section requiring two week publication of notice prior to conveyances of county property....

...Instead, the requirement is limited to county land sales. While it is true that this section of the statute was amended in 1977 to omit leasing from its notice and publication requirements (C. 77-475, amendment effective 7/12/77), the competitive bidding requirements remain part of section 125.35, which governs both sales and leases of county real property....

...e acts reveal that the commissioners are required to grant more than one franchise. "Also argued by the plaintiffs was the contention that the contract attempted to make a gift of dump sites to the exclusive franchise holder, Affiliated, contrary to section 125.35, Florida Statutes [F.S.A.], which authorizes sale and conveyance of real property, belonging to the county, only after advertising for bids....

...125.36, Florida Statutes, F.S.A., contemplates the execution of a conveyance by the county commissioners in case of sale of realty. While the cited statute authorizes and empowers the commission to execute conveyances where land is sold pursuant to Section 125.35, Florida Statutes, F.S.A., nowhere in the wording of that or the preceding statutory section do we find language which permits the cancellation of a bid award up until the time a conveyance is executed....

...ays after the attempted cancellation, to execute the lease and furnish the required bond. To approve *761 the cancellation of an award to a successful bidder in the absence of fraud, collusion or other misconduct would tend to violate the mandate of Section 125.35, Florida Statutes, F.S.A., requiring that the award be made to the highest and best bidder complying with the terms and conditions of the call for bids....

...Hoover of Greenspoon, Marder, Hirschfeld, Rafkin, Ross & Berger, P.A., Fort Lauderdale, for appellee. GROSS, J. The issue in this case is whether an Agreement of Sale and Purchase (the "Agreement") between appellants Dinesh Pandya and Palm Beach County contravened section 125.35(1)(a), Florida Statutes (1997), which provides that a county is authorized to "sell and convey any real or personal property ......

...Beginning in 1995, Pandya negotiated with the County to "secure the right to acquire" the units for which the County held tax certificates. The appraised value of the County's interest in the property was $170,000; taxes owed on the units totaled $3,200,000. In 1997, pursuant to section 125.35(1)(b), Florida Statutes (1997), the County published an invitation to bid for the purpose of acquiring the County's interest in the tax certificates pertaining to the twenty-seven units....

...The County agreed not to "accept or negotiate any tax deed application for less than actual amount due in connection with the Tax Certificate." Israel filed a declaratory judgment action against the County and Pandya seeking to invalidate the Agreement. Israel argued that the Agreement contravened section 125.35(1), Florida Statutes (1997)....

...ement was "void or otherwise invalid and unenforceable." The final judgment ruled that the County was precluded from entering into an agreement to sell the property prior to its escheating and that the county must "follow the procedure of Fla. Stat. § 125.35(1) in the event competitive bids are solicited for the Real Property if title is obtained." We reject appellants' contention that the circuit court was without jurisdiction due to the absence of both a bona fide dispute and an actual, present need for the declaration....

...o the County in 2001. Plaintiff alleges he was precluded from bidding on the units because the County failed to wait until the land escheated to the County before soliciting bids. Plaintiff is challenging the County's authority to solicit bids under § 125.35 prior to owning the property....

...im from potential economic benefits. His claim of special injury was buttressed by his ownership of other units at the property which is the subject of the contract. Finally, we agree with Judge Kroll's conclusion that the contract at issue violates section 125.35(1)(a), Florida Statutes (1997). Section 125.35(1)(a) provides in pertinent part: 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...

...uding, specifically, authority to employ personnel, expend funds, enter into contractual obligations, and purchase or lease and sell or exchange real or personal property. § 125.01(3)(a), Fla. Stat. (1997) (emphasis supplied). As Israel points out, section 125.35 specifically addresses the procedural requirements for the sale of property by the County and thus controls over the more general terms of section 125.01. See McKendry v. State, 641 So.2d 45, 46 (Fla. 1994); Barnett Banks, Inc. v. Department of Revenue, 738 So.2d 502, 505 (Fla. 1st DCA 1999). Thus, any property sold by the county must "belong to" the county. See § 125.35(1)(a), Fla. Stat. (1997). We agree with Judge Kroll that section 125.35 contemplates that the County will sell real property in the traditional way— when it owns the property....

...created by the tax certificates that encumbered the units," an interest that was "transferable personal property" that "belonged to" the County. This legal spin tortures the statutory limitation beyond recognition. A competitive bidding statute like section 125.35 is enacted for the protection of the public....

...desires to purchase such Unit in the manner set forth herein." The great disparity between the amount of taxes owed on the property and its value made it highly unlikely that intervening buyers would disrupt the mechanics of the sale. Our reading of section 125.35 is that the County may "sell and convey" only real property that it owns....

...whereby the county granted the Youngs the exclusive right to use certain parking areas at the airport for a taxicab and limousine stand. The complaint alleged that this agreement was entered into without competitive bidding as required by Fla. Stat. § 125.35 (1973)....

...s a general rule, in the absence of a controlling constitutional or legislative provision, competitive bidding is not an essential prerequisite to the validity of public contracts. 64 Am.Jur.2d, Public Works and Contracts, § 34. However, Fla. Stat. § 125.35 (1973), which is part of the statutory authority relating to the powers of county commissioners, states: "......

...vilege of a limited duration; the agreement is not a lease, which would be a conveyance of an interest in an estate for a term less than that of the owner." Based on these findings, the complaint was dismissed for failure to state a cause of action. Section 125.35(1)(a), Florida Statutes (1987), provides in part: 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 deter...

...g cab company, granting the competing company exclusive right to use certain parking areas at the airport for a taxicab and limousine stand. The complaint further alleged that the agreement was entered into without competitive bidding as required by section 125.35, Florida Statutes (1973)....

...4th DCA 1976), and Dick v. Drainage District No. 2, etc., 175 Kan. 267, 267 P.2d 494 (1954). Dedmond v. Escambia County, supra, is distinguishable because Dedmond was a bidder, and as such was in position to insist upon compliance with the statute, Section 125.35, Florida Statutes, requiring that the award be made to the highest and best bidder....

...The trial court granted the county's motion to dismiss, holding that there was no binding contract between the parties until a written *1580 lease agreement was executed. Id. On appeal, the court reversed the trial court's decision. The court held that to approve the cancellation would violate the mandate of Florida Statute 125.35, [3] "requiring that the award be made to the highest and best bidder complying with the terms and conditions of the call for bids." Id....

...Pursuant to section 3-102(1) of the Procurement Code, the County decided not to use the competitive sealed bidding process. Rather, the County used the competitive sealed proposals process. Accordingly, there is no way the County at the October 13, 1992 meeting could have deemed the Plaintiffs to be a responsive bidder. [3] Section 125.35 governs the sale or lease of real and personal property by the county....

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

Dear Mr. Lapp: You ask substantially the following question: Pursuant to section 125.35 (1)(b)1., Florida Statutes, may the county negotiate a lease of its airport property to a private party for use as a public airport for a term in excess of 30 years, notwithstanding section 332.08 (3), Florida Statutes? In sum: Section 125.35 (1)(b)1., Florida Statutes, authorizes the county to negotiate a lease of its airport property to a private party for a length of term and under such conditions the board of county commissioners determines is in the best interest of the county....

...2 It is your understanding that the FAA will entertain a final application when it is filed by the county, but approval is not certain. The county questions, however, whether it may negotiate the lease of airport property for a term in excess of 30 years for the privatization of its airport. Section 125.35 (1), Florida Statutes, states: "(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...

...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 ; under such terms and conditions as negotiated by the board." (e.s.) Section 125.35 (1)(b)1., Florida Statutes, has been interpreted by this office to allow a board of county commissioners to lease county airport property for a term determined by the commission to be in the best interest of the county. 3 While section 332.08 , Florida Statutes, 4 makes provisions for the lease of airport property by municipalities, 5 this office has concluded that the more recent and specific provisions in section 125.35 , Florida Statutes, dealing particularly with the power of counties to lease airport facilities, apply when a county is contemplating the lease of such property. 6 Thus, pursuant to section 125.35 (1)(b)1., Florida Statutes, Hendry County is authorized to negotiate the lease of its airport property to a private party for a term in excess of 30 years and under such conditions as the board of county commissioners determines within its discretion is in the best interest of the county....

...Sincerely, Pam Bondi Attorney General PB/tals 1 In Op. Att'y Gen. Fla. 11-11 (2011), this office concluded that Hendry County was authorized to sell the county airport to a private entity, but such sale would be subject to the competitive bidding process in section 125.35 , Florida Statutes....

...99-35 (1999) (board of county commissioners may negotiate lease for an airport facility without competitive bid for such length of term and under such conditions as the governing body in its discretion determines to be beneficial to the county) and 94-96 (1994) (section 125.35 [1][a], Fla....

...Stat., to include "any county, city, village, or town of this state." 6 See Op. Att'y Gen. Fla. 94-96 (1994). And see s. 8, Ch. 22846, Gen. Laws of Fla. (1945), creating s. 332.08 , Fla. Stat., and s. 1, Ch. 23829, Gen. Laws of Fla. (1947), creating s. 125.35 , Fla. Stat. While s. 125.35 , Fla....

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

...Of course, in taxation, it is the use made of the property that determines its taxable status. St. Johns Associates v. Mallard, 366 So.2d 34 (Fla. 1st DCA 1978). But although the use may be for purely private purposes, the leasing of the property may nevertheless constitute a valid public purpose. Section 125.35, Florida Statutes, requiring county commissioners, prior to selling any county property, to advertise and sell the property to the highest bidder, is not applicable to the property under the jurisdiction of the Authority....

Mr. Thomas P. Abbott Metropolitan Dade County Attorney Aviation Department Post Office Box 592075 AMF Miami, Florida 33159 Dear Mr. Abbott: You have asked for my opinion on substantially the following question: Pursuant to sections 125.35 or 332.08 , Florida Statutes, is the Board of County Commissioners of Dade County authorized to grant a lease to a private party for the purpose of operating and developing the non-airfield portion of a county airport for a period exceeding 30 years? In sum: The Board of County Commissioners of Dade County is authorized by section 125.35 (1)(a), Florida Statutes, to grant a lease to a private party for operating and developing the non-airfield portion of a county airport for a term of more than 30 years if the governing body determines that such a lease is in the best interest of the county and the conditions set forth in the statute are met....

...or the national government, or any department of either thereof, for operation or use consistent with the purposes of ss. 332.01 - 332.12 , space, area, improvements, or equipment on such airports. . . . This section is similar to the provisions of section 125.35 , Florida Statutes, in that both provide for leases of airport facilities. However, section 332.08 (3), Florida Statutes, clearly limits the terms of any such lease to thirty years. The language of section 332.08 , Florida Statutes, came into the statutes in 1945 and was last amended in 1971. 3 Subsequently, section 125.35 (1)(a), Florida Statutes, was amended to include specific mention of "airport operation . . . or facility lease[s.]" 4 Thus, the last expression of the Legislature on the authority of counties to lease certain airport property is contained in section 125.35 (1)(a) and this is the provision that would govern. 5 In addition, it is a general rule of statutory construction that a specific statute will control over a more general expression on the same subject. 6 Section 125.35 , Florida Statutes, deals particularly with the power of counties to lease and sell real property and subsection (1)(a) provides requirements for airport operation or facilities leases....

...Clearly the provisions of chapter 125 , Florida Statutes, relating specifically to counties and their authority is more specific to this situation than is a statute providing leasing authority for local governments in general. Thus, applying the foregoing rule of construction, section 125.35 , Florida Statutes, would prevail over the provisions of section 332.08 (3), Florida Statutes. Therefore, it is my opinion that the provisions of section 125.35 , Florida Statutes, would authorize the Board of County Commissioners of Dade County to lease county airport property for a term determined by the commission to be in the best interest of the county....

...at such a lease is in the best interest of the county, this must be an airport operation or facility lease, and the improved leasehold must have an appraised value in excess of $20 million. Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 Section 125.35 , Fla....

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

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

...the transfer of the property and not enforce the reverter clause. 2. In light of the federal government's consent to the transfer of the airport property and waiver of the reverter clause, the county must follow the competitive process prescribed in section 125.35 , Florida Statutes, in selling the county airport....

...to a private party for the purpose of operating and developing the non-airfield portion of a county airport. The opinion contrasted section 332.08 (3), Florida Statutes, limiting the lease of airport property to a period not exceeding 30 years, with section 125.35 , Florida Statutes, authorizing the lease of airport property for any period a county commission deems appropriate when such action is in the best interest of the county and the improved, leasehold has an appraised value in excess of $20 million. As the later in time and more specific to the lease of airport property and facilities under specified conditions, section 125.35 , Florida Statutes, was found to authorize the county to lease county airport property for a term determined by the commission to be in the best interest of the county. It was concluded that pursuant to section 125.35 , Florida Statutes, the county was authorized to grant a lease in excess of 30 years to a private party for the operation and development of the non-airport portion of the county airport....

...Subsequently, this office was presented with the question of whether a county could lease the non-aviation portion of an airport site to a private developer without competitive bid. In Attorney General Opinion 99-35, it was noted that the provisions in section 125.35 , Florida Statutes, were amended in 1999 to clarify that counties are authorized to negotiate the lease of airport and seaport facilities. 5 As the later in time and more specific to the leasing of airport property, the provision in section 125.35 , Florida Statutes, was found to control. The opinion concluded, therefore, that counties are not required to use a competitive bidding procedure for the lease of the county's airport facility and that pursuant to section 125.35 , Florida Statutes, such a lease may be granted for a term in excess of 30 years....

...Subsection (4) authorizes the sale of such property when the county no longer needs the property for aeronautical purposes, without restriction as to whether the purchaser is a public or private entity. Section 332.08 , Florida Statutes, was enacted prior to sections 125.35 and 125.39 , Florida Statutes....

...e grantor or grantors upon failure to use said real property for such purpose." This section originated during the 1947 Legislative Session in the same act as the general provisions governing the sale or disposition of property by competitive bid in section 125.35 , Florida Statutes....

...In this instance, as discussed in Question One, the disposition of the airport property by the county is dependent upon the county's determination that the property is no longer needed by the county. You assert that since the airport property is subject to a reverter clause, the competitive bidding requirements in section 125.35 , Florida Statutes, do not apply and the county is allowed to sell the airport property pursuant to the general expression of a county's authority to sell or exchange real or personal property recognized in section 125.01 (3), Florida Statutes....

...entity constitutes the continued use of the property for a public airport. Nevertheless, the mere presence of a reverter clause would not appear to be sufficient to exempt the sale or disposition of property from competitive bidding requirements in section 125.35 , Florida Statutes....

...g circumvented, evaded, or defeated." 22 The competitive bid requirements in Chapter 125 , Florida Statues, ensure that the public's interest is protected when a county disposes of its property. As a statute enacted to protect the public's interest, section 125.35 , Florida Statutes, should be broadly construed to effectuate the purpose of the law and any exemption narrowly applied....

...inoperative reverter clause. Accordingly, where the federal government consents to the sale of the county airport and waives the operation of the reverter clause, it is my opinion that the county must comply with the competitive bid requirements in section 125.35 , Florida Statutes, in the sale of such property....

...Stat.; clearly, therefore, the provisions in section 332.08 , Fla. Stat., would apply to an airport owned by a county. 2 See s. 332.08 (3), Fla. Stat. 3 Id. 4 Section 125.01 (3), Fla. Stat., recognizes the general authority of a county to purchase, lease, sell, or exchange real or personal property; s. 125.35 , Fla....

...1976) (legislative direction constitutes an implicit prohibition against its being done in any other manner). 10 See s. 8, Ch. 22846, General Laws of Fla. (1945), creating s. 332.08 , Fla. Stat., and ss. 1 and 5, Ch. 23829, General Laws of Fla. (1947), respectively creating ss. 125.35 and 125.39 , Fla....

...Office of Financial Regulation , 876 So. 2d 36 , 38 (Fla. 4th DCA 2004); Flo-Sun, Inc. v. Kirk , 783 So. 2d 1029 (Fla. 2001); State v. Digman , 294 So. 2d 325 (Fla. 1974), providing that implied repeals are disfavored and will not be upheld in cases of doubt. 12 See s. 125.35 , Fla. Stat. 13 Section 125.35 (1)(b), Fla. Stat. 14 See ss. 1 and 5, Ch. 23829, Gen. Laws of Fla. (1947), respectively creating ss. 125.35 and 125.39 , Fla....

...Count VII asserts that the "fifth-cent" tax can only used to finance a single facility. Counts VIII and IX contend that the Revised Summary of Expected Lease Terms contains a number of provisions granting rights to the Baseball Owners which are subject to the competitive bidding requirements of section 125.35, Florida Statutes (1993)....

...the Baseball Owners under the proposed agreement. Both counts seek a declaration that Orange County cannot enter into a final agreement with the Baseball Owners concerning these rights unless and until the competitive bidding procedures set forth in section 125.35 are complied with....

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

...ctions against Dade County. In the first action, Martin Ackman brought a petition in mandamus in order to compel the County to advertise and grant to the highest bidder a commercial concession at the Miami International Airport pursuant to Fla.Stat. § 125.35....

...We hold that the trial court correctly determined that the facts before it were susceptible only to one legal conclusion, namely, that there was no requirement of law that this particular concession be granted under the bidding process required by Fla.Stat. § 125.35....

Mr. Frank A. Baker Attorney for Jackson County Board of County Commissioners 4431 Lafayette Street Marianna, Florida 32446 Dear Mr. Baker: You have asked for my opinion on substantially the following questions: 1. Is section 125.35 , Florida Statutes, applicable to the proposed sale of lands by Jackson County if those lands have been deeded to the county under the provisions of section 197.502 (8), Florida Statutes (1996 Supplement)? 2....

...Is a county authorized, after a default in the payment of taxes, to file an equitable proceeding to establish and foreclose its lien arising by reason of unpaid ad valorem taxes or unpaid Municipal Services Taxing Unit special assessments? In sum: 1. Section 125.35 , Florida Statutes, is applicable to the proposed sale of lands by Jackson County if those lands have been deeded to the county under the provisions of section 197.502 (8), Florida Statutes (1996 Supplement), and the county commission...

...Lands are maintained on this list for a period of seven years, after which the property is deeded to the county by the clerk of court as required by section 197.502 (8), Florida Statutes. Question One You ask whether property that has been deeded to the county as described above may be sold using the procedure in section 125.35 , Florida Statutes, which provides generally for the sale of county real and personal property. Section 125.35 , Florida Statutes, provides: "(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 tha...

...idder for the particular use the board deems to be the highest and best[.]" The statute imposes notice requirements for such a sale and authorizes the county commission to arrange for the private sale of small parcels to adjoining property owners. 1 Section 125.35 , Florida Statutes, authorizes the board of county commissioners to "sell and convey any real property" belonging to the county....

...s required by section 197.502 (8), Florida Statutes (1996 Supplement), is real property belonging to the county. Assuming that the board of county commissioners has made a determination that it is in the county's best interest to sell this property, section 125.35 , Florida Statutes, would control its disposition. Thus, it is my opinion that section 125.35 , Florida Statutes, is applicable to the proposed sale of lands by Jackson County if those lands have been deeded to the county under the provisions of section 197.502 (8), Florida Statutes (1996 Supplement), and the county commission...

...of Chapter 197 , Florida Statutes, are the exclusive method for enforcing liens created through the sale of tax certificates for unpaid ad valorem taxes and special assessments. 8 Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 Sections 125.35 (1)(b) and (2), Fla....

...83-19 (1983) in which this office concluded that the board of county commissioners was authorized to sell real property acquired with grant money from the federal "Green Span Program" if the board determines that it is in the best interest of the county to do so and complies with the other requirements of s. 125.35 , Fla....

...1 Counties are, therefore, empowered to carry on county government to the extent not inconsistent with general or special law. 2 They are specifically authorized "to employ personnel, expend funds, enter into contractual obligations, and purchase or lease and sell or exchange real or personal property." 3 (e.s.) Section 125.35 (1), F.S., provides, in pertinent part, as follows: (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...

...hey 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. Prior to its amendment by Ch. 77-475, Laws of Florida, s. 125.35 (1)(b), F.S., provided that no sale or lease of any real property could be made without notice published as prescribed therein....

...construction represents the law of Florida unless and until overruled or changed by The Supreme Court of Florida. 5 In Rolling Oaks Homeowner's Association v. Dade County, 6 the Third District Court of Appeal considered whether the 1977 amendment to s. 125.35 , F.S., removed the competitive bidding requirement for leasing county-owned property....

...The court determined that the homeowner's association had stated a cause of action in alleging that Dade County had failed to comply with competitive bidding procedures by authorizing a lease that was not made to the highest and best bidder pursuant to s. 125.35 , F.S. While the court did not specify notice requirements, the decision in Rolling Oaks does not relieve counties of the competitive bidding requirements imposed by s. 125.35 , F.S., and would appear to require that counties comply with a procedure which would assure competitive bidding was used for leasing county-owned property. Recognizing that s. 125.35 , F.S., was amended to omit leasing from its notice and publication requirements, the court concluded that "the competitive bidding requirements remain part of section 125.35 , which governs both sales and leases of county real property." 7 QUESTION TWO Section 125.35 , F.S., does not prescribe a notice and publication procedure for leasing county real property by competitive bids....

...8 In the absence of statutorily prescribed notice and publication requirements for leasing county-owned real property, it is advisable to use a reasonable procedure whereby the integrity of the competitive bidding process is preserved. 9 QUESTION THREE As concluded above, s. 125.35 , F.S., has been determined to require competitive bidding for the sale or lease of real property....

...Olson, 367 So.2d 207 , 210 (Fla. 1978) (Chapter 125 , F.S., implements s. 1(f), Art. VIII, State Const.). 2 See, s. 125.01 (1), F.S., generally enumerating those powers a county possesses in order to carry on county government. 3 Section 125.01 (3)(a), F.S. 4 Section 125.35 , F.S....

...). These opinions show where this office has concluded that competitive bidding is required for the sale of a county's personal property, regardless that there are no statutory requirements for published notice of the sale of personal property under s. 125.35 , F.S....

..., assuring fair consideration of offers and best prices for the public authority, and assuring that the public authority may not arbitrarily or capriciously discriminate between bidders or make the award on the basis of personal preference. Compare, s. 125.35 (1)(b), F.S., requiring published notice once a week for at least two weeks before the sale of any county-owned real property is made....

QUESTIONS: 1. Does either s. 125.35 , F.S., or s....

...125.38 , F.S., preclude a long-term (10-year) lease of property recently acquired by a county through eminent domain proceedings to a nonprofit little league baseball association? 2. Would such a lease, if proper, be controlled by the procedural requirements of s. 125.35 , F.S., or of s....

...The same corporation had been leasing this portion from the private fee owner prior to the condemnation action and had constructed baseball facilities thereon. The county has so far continued to permit use of the facilities by the corporation for little league activities. Sections 125.35 and 125.38 , F.S., relate to the sale and leasing of county-owned property. Answering your second question first, it is clear that s. 125.38 is applicable to the proposed lease you describe. Section 125.35 covers county leases in general; s....