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: District Court of Appeal of Florida | Date Filed: 2018-10-10

Citation: 258 So. 3d 516

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

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Court: Florida Attorney General Reports | Date Filed: 2011-10-26

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

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Court: Florida Attorney General Reports | Date Filed: 2011-06-24

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

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Court: Florida Attorney General Reports | Date Filed: 2006-10-17

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: District Court of Appeal of Florida | Date Filed: 2002-05-31

Citation: 819 So. 2d 208, 2002 WL 1085251

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

Pandya v. Israel

Court: District Court of Appeal of Florida | Date Filed: 2000-06-07

Citation: 761 So. 2d 454, 2000 WL 726486

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

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Court: Florida Attorney General Reports | Date Filed: 1999-06-08

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

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Court: Florida Attorney General Reports | Date Filed: 1998-01-22

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: Florida Attorney General Reports | Date Filed: 1997-09-25

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

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Court: Florida Attorney General Reports | Date Filed: 1997-08-05

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

Tamar 7600, Inc. v. Orange County

Court: District Court of Appeal of Florida | Date Filed: 1997-01-24

Citation: 686 So. 2d 790, 1997 WL 24242

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

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Court: Florida Attorney General Reports | Date Filed: 1996-02-29

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

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Court: Florida Attorney General Reports | Date Filed: 1994-11-17

Snippet: substantially the following question: Pursuant to sections 125.35 or 332.08, Florida Statutes, is the Board of County

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Court: Florida Attorney General Reports | Date Filed: 1990-06-05

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: District Court of Appeal of Florida | Date Filed: 1989-12-22

Citation: 554 So. 2d 613, 1989 WL 153633

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

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Court: Florida Attorney General Reports | Date Filed: 1989-08-24

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: Florida Attorney General Reports | Date Filed: 1988-08-25

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

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

Court: District Court of Appeal of Florida | Date Filed: 1986-06-26

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

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

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Court: Florida Attorney General Reports | Date Filed: 1984-03-27

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

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Court: Florida Attorney General Reports | Date Filed: 1983-03-18

Snippet: subject property. Your question is controlled by s 125.35, F.S. Subsection (1) of this statute provides: