Florida Statutes
Fla. Stat. § 125.35 (2025)
County authorized to sell real and personal property and to lease real property.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
Notes of Decisions
Cited in 17
cases, 1959–2018 · leading case: Matheson v. Miami-Dade Cnty., 258 So. 3d 516 (Fla. 3d DCA 2018).
Matheson v. Miami-Dade Cnty., 258 So. 3d 516 (Fla. 3d DCA 2018). “Matheson’s petition alleged that section 125.35, Florida Statutes,2 required the county to offer 1 Section 125.”
Pandya v. Israel, 761 So. 2d 454 (Fla. 4th DCA 2000). “" 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…”
Marriott Corp. v. Metro. Dade Cnty., 383 So. 2d 662 (Fla. 3d DCA 1980). “012(17), Florida Statutes (1977) and Section 125.35, Florida Statutes (1977). Each bidder was required to post a guarantee deposit or bid bond in the amount of ,000 at the time of submitting its proposal.”
Rolling Oaks Homeowner's Ass'n v. Dade Cnty., 492 So. 2d 686 (Fla. 3d DCA 1986). “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). Count I, entitled "Gift of Public Land to a For-Profit Private Developer is not a Public…”
State v. Dixon, 283 So. 2d 1 (Fla. 1973). “1970-71), § 125.35 (1967). [14] Pa. Stat. Ann., Tit.”
Outdoor Media of Pensacola, Inc. v. Santa Rosa Cnty., 554 So. 2d 613 (Fla. 1st DCA 1989). “The complaint further alleged that the agreement was entered into without competitive bidding as required by section 125.35, Florida Statutes (1973). The narrow issue in the case was "whether Lee County was obligated to follow the requirements of the section with respect to the…”
Dedmond v. Escambia Cnty., 244 So. 2d 758 (Fla. 1st DCA 1971). “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…”
Randall Indus., Inc. v. Lee Cnty., 307 So. 2d 499 (Fla. 2d DCA 1975). “The complaint alleged that this agreement was entered into without competitive bidding as required by Fla. Stat. § 125.35 (1973). It was further alleged that in prohibiting other taxicab operators from parking on the airport property pursuant to this agreement, the county has…”
Broward Cnty. Rubbish Con. Ass'n v. Broward Cnty., 112 So. 2d 898 (Fla. 2d DCA 1959). “"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…”
Furnams v. Santa Rosa Island Auth., 377 So. 2d 983 (Fla. 1st DCA 1979). “The Authority is governed by the provisions of the special acts which control it, and there is no provision requiring the advertising for bids, or to enter into leases upon a “highest bid” basis.”
Wolf Ridge Plastics v. Jacksonville Elec., 388 So. 2d 1298 (Fla. 1st DCA 1980). “This court found that Dedmond was in the position of a successful bidder; however, in view of the fact that the county had already rebid the lease of a beach concession, albeit erroneously, Dedmond was not confined to the remedy of injunction, but was authorized to pursue the…”
Ackman v. Dade Cnty., 308 So. 2d 622 (Fla. 3d DCA 1975). “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. The petition for mandamus was dismissed and the…”
— 125.35(1) — 1 case
Pandya v. Israel, 761 So. 2d 454 (Fla. 4th DCA 2000). “" 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…”
— 125.35(1)(a) — 3 cases
Pandya v. Israel, 761 So. 2d 454 (Fla. 4th DCA 2000). “" 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…”
Matheson v. Miami-Dade Cnty., 258 So. 3d 516 (Fla. 3d DCA 2018). “Matheson’s petition alleged that section 125.35, Florida Statutes,2 required the county to offer 1 Section 125.”
Outdoor Media of Pensacola, Inc. v. Santa Rosa Cnty., 554 So. 2d 613 (Fla. 1st DCA 1989). “The complaint further alleged that the agreement was entered into without competitive bidding as required by section 125.35, Florida Statutes (1973). The narrow issue in the case was "whether Lee County was obligated to follow the requirements of the section with respect to the…”
— 125.35(1)(b) — 1 case
Pandya v. Israel, 761 So. 2d 454 (Fla. 4th DCA 2000). “" 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…”
— 125.35(1)(c) — 1 case
Matheson v. Miami-Dade Cnty., 258 So. 3d 516 (Fla. 3d DCA 2018). “Matheson’s petition alleged that section 125.35, Florida Statutes,2 required the county to offer 1 Section 125.”
— 125.35(3) — 1 case
State v. Dixon, 283 So. 2d 1 (Fla. 1973). “1970-71), § 125.35 (1967). [14] Pa. Stat. Ann., Tit.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.