Florida Statute 166.045 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 166
MUNICIPALITIES

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F.S. 166.045

166.045 Proposed purchase of real property by municipality; confidentiality of records; procedure.—

(1)(a) In any case in which a municipality, pursuant to the provisions of this section, seeks to acquire by purchase any real property for a municipal purpose, every appraisal, offer, or counteroffer must be in writing. Such appraisals, offers, and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of s. 119.07(1) until an option contract is executed or, if no option contract is executed, until 30 days before a contract or agreement for purchase is considered for approval by the governing body of the municipality. If a contract or agreement for purchase is not submitted to the governing body for approval, the exemption from s. 119.07(1) will expire 30 days after the termination of negotiations. The municipality shall maintain complete and accurate records of every such appraisal, offer, and counteroffer. For the purposes of this section, the term “option contract” means a proposed agreement by the municipality to purchase a piece of property, subject to the approval of the local governing body at a public meeting after 30 days’ public notice. The municipality will not be under any obligation to exercise the option unless the option contract is approved by the governing body at the public hearing specified in this section.

(b) If the exemptions provided in this section are utilized, the governing body shall obtain at least one appraisal by an appraiser approved pursuant to s. 253.025 for each purchase in an amount of not more than $500,000. For each purchase in an amount in excess of $500,000, the governing body shall obtain at least two appraisals by appraisers approved pursuant to s. 253.025. If the agreed purchase price exceeds the average appraised price of the two appraisals, the governing body is required to approve the purchase by an extraordinary vote. The governing body may, by ordinary vote, exempt a purchase in an amount of $100,000 or less from the requirement for an appraisal.

(c) Notwithstanding the provisions of this section, any municipality that does not choose with respect to any specific purchase to utilize the exemption from s. 119.07(1) provided in this section may follow any procedure not in conflict with the provisions of chapter 119 for the purchase of real property which is authorized in its charter or established by ordinance.

(2) Nothing in this section shall be interpreted as providing an exemption from, or an exception to, s. 286.011.

History.—s. 2, ch. 84-298; s. 2, ch. 88-315; s. 35, ch. 90-360; s. 9, ch. 94-240; s. 46, ch. 96-406; s. 30, ch. 2016-233.

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Amendments to 166.045

Arrestable Offenses / Crimes under Fla. Stat. 166.045

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 166.045.

Annotations, Discussions, Cases:

Cases Citing Statute 166.045

Total Results: 8

Poole v. City of Port Orange

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-01T00:00:00-07:00

Citation: 33 So. 3d 739, 2010 Fla. App. LEXIS 4285, 2010 WL 1233497

Snippet: 119.07, Florida Statutes (2007),[1] and section 166.045, Florida Statutes (2007),[2] to be produced to …official business by any agency." [2] Section 166.045, Florida Statutes (2007), provides: Proposed purchase

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Court: Fla. Att'y Gen. | Date Filed: 2010-02-15T23:53:00-08:00

Snippet: consistent with ss. 125.355(1)(a) and (b) and 166.045(1)(a) and (b), a method of determining a maximum

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Court: Fla. Att'y Gen. | Date Filed: 1995-01-26T23:53:00-08:00

Snippet: Section 166.045(2), Fla. Stat. (1993). 14 See, Op. Att'y Gen. Fla. 90-53 (1990) (s. 166.045[1][a], …and then reconvene the meeting? 3. Does section 166.045, Florida Statutes, authorize a designee of the …consult with others outside the meeting. 3. Section 166.045, Florida Statutes, exempts every written appraisal… Sunshine Law. You have suggested that section 166.045, Florida Statutes, would authorize a confidentiality…purchase to be kept closed to the public. Section 166.045(1)(a), Florida Statutes, states that: In any case

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Court: Fla. Att'y Gen. | Date Filed: 1990-08-31T00:53:00-07:00

Snippet: Florida, created s. 166.045, F.S., as part of the Municipal Home Rule Powers Act; s. 166.045, F.S., was renumbered

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Court: Fla. Att'y Gen. | Date Filed: 1990-07-13T00:53:00-07:00

Snippet: appraisals in accordance with s. 166.045(1)(b)? 3. Are the procedures in s. 166.045(1)(a) and (b), F.S., mandatory…accordance with s.166.045(1)(b), F.S., if it seeks to utilize the exemption contained in s. 166.045, F.S. 3. A…comply with the provisions of s.166.045, F.S. Question One Section 166.045(1)(a), F.S., provides in pertinent…pursuant to the provisions of s. 166.045, F.S. Question Two Section 166.045(1)(b), F.S., provides: If the…requirements contained in s. 166.045, F.S. Paragraph (1)(a) of s. 166.045, F.S., states that written appraisals

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Court: Fla. Att'y Gen. | Date Filed: 1985-08-28T00:53:00-07:00

Snippet: designated by the Legislature to be codified as s. 166.045, as part of Ch.166, F.S., the Municipal Home Rule…supra (originally directed to be codified as s. 166.045, as a part of and apparently as a limitation on

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Court: Fla. Att'y Gen. | Date Filed: 1984-12-18T23:53:00-08:00

Snippet: Section 2. Section 166.045, Florida Statutes, is created to read: 166.045 Purchase or sale of water…statutory provisions to the City of Hialeah. Section 166.045, tentatively renumbered as s 180.301, F.S. (1984…water and sewer utilities; creating ss. 125.0108, 166.045, 190.0215, F.S.; requiring a public hearing and

Williams v. City of Mount Dora

Court: Fla. Dist. Ct. App. | Date Filed: 1984-07-19T00:53:00-07:00

Citation: 452 So. 2d 1143

Snippet: Utilities, §§ 60, 67 (1972). Also see section 166.045, Florida Statutes (Ch. 84-292, Laws of Fla., effective