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Florida Statute 166.045 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XII
MUNICIPALITIES
Chapter 166
MUNICIPALITIES
View Entire Chapter
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.

F.S. 166.045 on Google Scholar

F.S. 166.045 on Casetext

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: District Court of Appeal of Florida | Date Filed: 2010-04-01

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

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Court: Florida Attorney General Reports | Date Filed: 2010-02-16

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: Florida Attorney General Reports | Date Filed: 1995-01-27

Snippet: and then reconvene the meeting? 3. Does section 166.045, Florida Statutes, authorize a designee of the

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Court: Florida Attorney General Reports | Date Filed: 1990-08-31

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: Florida Attorney General Reports | Date Filed: 1990-07-13

Snippet: substantially the following questions: 1. Does s. 166.045(1)(a), F.S., require that every appraisal, offer

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Court: Florida Attorney General Reports | Date Filed: 1985-08-28

Snippet: designated by the Legislature to be codified as s. 166.045, as part of Ch.166, F.S., the Municipal Home Rule

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Court: Florida Attorney General Reports | Date Filed: 1984-12-19

Snippet: statutory provisions to the City of Hialeah. Section 166.045, tentatively renumbered as s 180.301, F.S. (1984

Williams v. City of Mount Dora

Court: District Court of Appeal of Florida | Date Filed: 1984-07-19

Citation: 452 So. 2d 1143, 1984 Fla. App. LEXIS 14089, 1984 WL 914507

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