Florida Statute 125.35 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 125
COUNTY GOVERNMENT

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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.

(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 Casetext

Amendments to 125.35

Arrestable Offenses / Crimes under Fla. Stat. 125.35

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 125.35.

Annotations, Discussions, Cases:

Cases Citing Statute 125.35

Total Results: 20

Matheson v. Miami-Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-10T00:53:00-07:00

Snippet: structure, and title of section 125.35. The first sentence of section 125.35 “expressly authorize[s]” …section 125.35(1)(c)’s reference to the “sale of any real property” the same reading. Section 125.35(1)(a…relief. Matheson’s petition alleged that section 125.35, Florida Statutes,2 required the county to offer…real property.” Id. § 125.045(5)(a)4. 2 Section 125.35 is entitled, “County authorized to sell real and…the competitive bidding requirements of section 125.35. STANDARD OF REVIEW

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Court: Fla. Att'y Gen. | Date Filed: 2011-10-26T00:53:00-07:00

Snippet: Laws of Fla. (1947), creating s. 125.35, Fla. Stat. While s. 125.35, Fla. Stat., has been subsequently…substantially the following question: Pursuant to section 125.35(1)(b)1., Florida Statutes, may the county negotiate…section 332.08(3), Florida Statutes? In sum: Section 125.35(1)(b)1., Florida Statutes, authorizes the county…years for the privatization of its airport. Section 125.35(1), Florida Statutes, states: "(a) The board…as negotiated by the board." (e.s.) Section 125.35(1)(b)1., Florida Statutes, has been interpreted

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Court: Fla. Att'y Gen. | Date Filed: 2011-06-24T00:53:00-07:00

Snippet: 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…follow the competitive process prescribed in section 125.35, Florida Statutes, in selling the county airport…to a period not exceeding 30 years, with section 125.35, Florida Statutes, authorizing the lease of airport… facilities under specified conditions, section 125.35, Florida Statutes, was found to authorize the county…county. It was concluded that pursuant to section 125.35, Florida Statutes, the county was authorized to

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Court: Fla. Att'y Gen. | Date Filed: 2006-10-17T00:53:00-07:00

Snippet: 232 So. 2d 239, 240 (Fla. 4th DCA 1970). 8 See s. 125.35(1)(a), Fla. Stat., stating that the board of county

Black v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-05-31T00:53:00-07:00

Citation: 819 So. 2d 208

Snippet: certificates, Series 1483SA, to Simmons at 35.125 (35 and 4) with a settlement date of January 26, 1994

Pandya v. Israel

Court: Fla. Dist. Ct. App. | Date Filed: 2000-06-07T00:53:00-07:00

Citation: 761 So. 2d 454

Snippet: issue violates section 125.35(1)(a), Florida Statutes (1997). Section 125.35(1)(a) provides in pertinent…county. See § 125.35(1)(a), Fla. Stat. (1997). We agree with Judge Kroll that section 125.35 contemplates…Pandya and Palm Beach County contravened section 125.35(1)(a), Florida Statutes (1997), which provides …totaled $3,200,000. In 1997, pursuant to section 125.35(1)(b), Florida Statutes (1997), the County published…Israel argued that the Agreement contravened section 125.35(1), Florida Statutes (1997). The trial court denied

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Court: Fla. Att'y Gen. | Date Filed: 1999-06-08T00:53:00-07:00

Snippet: site must be competitively bid pursuant to section 125.35, Florida Statutes. Such lease may be for a term…thirty years, with two thirty-year options. Section 125.35, Florida Statutes, provides: "The board of…amending but not changing the substance of section 125.35, Florida Statutes, was passed. The Governor signed…the bill on May 26, 1999. The changes to section 125.35, Florida Statutes, clarify that counties are authorized…airport and seaport facilities.3 As amended, section 125.35, Florida Statutes, provides in part: "(1)(

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Court: Fla. Att'y Gen. | Date Filed: 1998-01-21T23:53:00-08:00

Snippet: 154 So.2d 859 (Fla. 1st DCA 1963). 6 See also, s. 125.35, Fla. Stat., which describes procedures for the

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Court: Fla. Att'y Gen. | Date Filed: 1997-09-25T00:53:00-07:00

Snippet: light of the provisions of section 125.35, Florida Statutes. Section 125.35, Florida Statutes, authorizes … 1994 legislation. 4 Section 125.35(1)(a), Fla. Stat. But see, s. 125.35(2), Fla. Stat., providing that…with the competitive bid requirements of section 125.35, Florida Statutes? In sum: While the Broward County…in considering whether the provisions of section 125.35, Florida Statutes, applied to such leases, stated… highest bidder or reject all offers. 5 See, s. 125.35(1)(b), Fla. Stat. (1995), providing: "No sale

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Court: Fla. Att'y Gen. | Date Filed: 1997-08-05T00:53:00-07:00

Snippet: substantially the following questions: 1. Is section 125.35, Florida Statutes, applicable to the proposed sale…Taxing Unit special assessments? In sum: 1. Section 125.35, Florida Statutes, is applicable to the proposed…above may be sold using the procedure in section 125.35, Florida Statutes, which provides generally for…sale of county real and personal property. Section 125.35, Florida Statutes, provides: "(1)(a) The board… parcels to adjoining property owners.1 Section 125.35, Florida Statutes, authorizes the board of county

Tamar 7600, Inc. v. Orange County

Court: Fla. Dist. Ct. App. | Date Filed: 1997-01-23T23:53:00-08:00

Citation: 686 So. 2d 790

Snippet: the competitive bidding requirements of section 125.35, Florida Statutes (1993). In particular, the Hotel…competitive bidding procedures set forth in section 125.35 are complied with. Finally, count X of the second

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Court: Fla. Att'y Gen. | Date Filed: 1996-02-28T23:53:00-08:00

Snippet: subject to the provisions of section 125.35, Florida Statutes. Section 125.35, Florida Statutes, authorizes …General RAB/tgjw 1 Section 125.35(1)(a), Fla. Stat. (1995). 2 See, s. 125.35(1)(b), Fla. Stat. (1995), …following question: Do the provisions of section 125.35, Florida Statutes, govern the disposition of surplus…procedures exist? In sum: The provisions of section 125.35, Florida Statutes, apply to the disposition of …procedures, the specific requirements of section 125.35 are not binding on municipalities. This office

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Court: Fla. Att'y Gen. | Date Filed: 1994-11-16T23:53:00-08:00

Snippet: substantially the following question: Pursuant to sections 125.35 or 332.08, Florida Statutes, is the Board of County…Commissioners of Dade County is authorized by section 125.35(1)(a), Florida Statutes, to grant a lease to a …section is similar to the provisions of section 125.35, Florida Statutes, in that both provide for leases…was last amended in 1971.3 Subsequently, section 125.35(1)(a), Florida Statutes, was amended to include…certain airport property is contained in section 125.35(1)(a) and this is the provision that would govern

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Court: Fla. Att'y Gen. | Date Filed: 1990-06-05T00:53:00-07:00

Snippet: statutory competitive bidding procedure pursuant to s. 125.35, F.S., in granting gift shop concession at airport

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

Court: Fla. Dist. Ct. App. | Date Filed: 1989-12-21T23:53:00-08:00

Citation: 554 So. 2d 613

Snippet: for failure to state a cause of action. Section 125.35(1)(a), Florida Statutes (1987), provides in part…without competitive bidding as required by section 125.35, Florida Statutes (1973). The narrow issue in the

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Court: Fla. Att'y Gen. | Date Filed: 1989-08-24T00:53:00-07:00

Snippet: Ch. 80-510, Laws of Florida. 3 Id. 4 Compare, s. 125.35, Fla. Stat., authorizing the board of county commissioners

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Court: Fla. Att'y Gen. | Date Filed: 1988-08-25T00:53:00-07:00

Snippet: real or personal property."3 (e.s.) Section 125.35(1), F.S., provides, in pertinent part, as follows…its amendment by Ch. 77-475, Laws of Florida, s.125.35(1)(b), F.S., provided that no sale or lease of …Appeal considered whether the 1977 amendment to s. 125.35, F.S., removed the competitive bidding requirement…made to the highest and best bidder pursuant to s. 125.35, F.S. While the court did not specify notice requirements… competitive bidding requirements imposed by s. 125.35, F.S., and would appear to require that counties

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

Court: Fla. Dist. Ct. App. | Date Filed: 1986-06-26T00:53:00-07:00

Citation: 492 So. 2d 686

Snippet: pursuant to section 125.35, Florida Statutes. Appellees argue that section 125.35 does not include leases…competitive bidding procedures required by section 125.35, Florida Statutes (1983). Count I, entitled "…competitive bidding requirements remain part of section 125.35, which governs both sales and leases of county

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Court: Fla. Att'y Gen. | Date Filed: 1984-03-26T23:53:00-08:00

Snippet: statutory competitive bidding procedure pursuant to s 125.35, F.S., in granting gift shop concession at airport

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Court: Fla. Att'y Gen. | Date Filed: 1983-03-17T23:53:00-08:00

Snippet: subject property. Your question is controlled by s 125.35, F.S. Subsection (1) of this statute provides: …so and complies with the other requirements of $125.35, F.S. Sincerely, Jim Smith, Attorney General Prepared