Florida Statute 125.38 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 125
COUNTY GOVERNMENT

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F.S. 125.38

125.38 Sale of county property to United States, or state.—If the United States, or any department or agency thereof, the state or any political subdivision or agency thereof, or any municipality of this state, or corporation or other organization not for profit which may be organized for the purposes of promoting community interest and welfare, should desire any real or personal property that may be owned by any county of this state or by its board of county commissioners, for public or community interest and welfare, then the United States, or any department or agency thereof, state or such political subdivision, agency, municipality, corporation or organization may apply to the board of county commissioners for a conveyance or lease of such property. Such board, if satisfied that such property is required for such use and is not needed for county purposes, may thereupon convey or lease the same at private sale to the applicant for such price, whether nominal or otherwise, as such board may fix, regardless of the actual value of such property. The fact of such application being made, the purpose for which such property is to be used, and the price or rent therefor shall be set out in a resolution duly adopted by such board. In case of a lease, the term of such lease shall be recited in such resolution. No advertisement shall be required.

History.—s. 4, ch. 23829, 1947.

F.S. 125.38 on Google Scholar

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Amendments to 125.38

Arrestable Offenses / Crimes under Fla. Stat. 125.38

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 125.38.

Annotations, Discussions, Cases:

Cases Citing Statute 125.38

Total Results: 8

PAUL FLAIG v. COQUINA PALMS HOMEOWNERS ASSOCIATION, INC. AND LARRY CINCO

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-01T00:00:00-08:00

Snippet: damages against Flaig and Cinco, amounted to $320,125.38, which consisted of $311,379.20 to repay the HOA

Matheson v. Miami-Dade County

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

Snippet: 125.045(3), (5)(a) (emphasis added). Section 125.38, “Sale of county property to United States, or …No advertisement shall be required. Id. § 125.38 (emphasis added). Matheson’s reading of …section 125.35 conflicts with sections 125.045 and 125.38. Matheson contends that all real property that … is required by section 125.35. Section 125.38 also allows the county to sell land to a nonprofit… 13 the highest and best bid, and section 125.38 specifically allows a county to disregard the

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Court: Fla. Att'y Gen. | Date Filed: 1995-10-30T23:53:00-08:00

Snippet: by the governing body of the county. 3. Section 125.38, Florida Statutes, authorizes the county to lease…governing body of the county.12 Question Three Section 125.38, Florida Statutes provides in pertinent part: &…1994), 87-16 (1987) and 83-18 (1983). 4 Cf., s. 125.38, Fla. Stat. (1993), discussed in Question Three

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Court: Fla. Att'y Gen. | Date Filed: 1981-02-18T23:53:00-08:00

Snippet: Commissioners of Lafayette County is authorized by s. 125.38, F.S., to lease to the chamber of commerce space…office space would be for a nominal amount. Section 125.38, F.S., authorizes the board of county commissioners…to which the land has already been dedicated, s. 125.38, should be read as allowing such a lease if the… AGO 073-113. Central to the requirements of s. 125.38, F.S., is that the board of county commissioners

Spaulding v. St. Johns County

Court: Fla. | Date Filed: 1980-06-12T00:00:00-07:00

Citation: 384 So. 2d 1276, 1980 Fla. LEXIS 4257

Snippet: of Florida. (4) That in accordance with section 125.38, Florida Statutes, the Board of County Commissioners

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Court: Fla. Att'y Gen. | Date Filed: 1979-12-16T23:53:00-08:00

Snippet: to others (except as provided in ss. 125.35 and 125.38, F. S.), the county is under a duty to provide

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Court: Fla. Att'y Gen. | Date Filed: 1976-08-19T00:53:00-07:00

Snippet: amp;#8212; except as provided in ss. 125.35 and 125.38, F. S. — I have the view that the county

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Court: Fla. Att'y Gen. | Date Filed: 1974-08-01T00:53:00-07:00

Snippet: s. 125.38, F.S.? SUMMARY: In the absence of any fraud, a county may, under the terms of s. 125.38, F.…QUESTIONS: 1. Does either s. 125.35, F.S., or s. 125.38, F.S., preclude a long-term (10-year) lease of …to which the land has already been dedicated, s. 125.38 should be read as allowing such a lease if the …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. 125.38 is much more specific, amounting, in effect, to