Florida Statute 274.05 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XVIII
PUBLIC LANDS AND PROPERTY

Chapter 274
TANGIBLE PERSONAL PROPERTY OWNED BY LOCAL GOVERNMENTS

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F.S. 274.05

274.05 Surplus property.—A governmental unit shall have discretion to classify as surplus any of its property, which property is not otherwise lawfully disposed of, that is obsolete or the continued use of which is uneconomical or inefficient, or which serves no useful function. Within the reasonable exercise of its discretion and having consideration for the best interests of the county or district, the value and condition of property classified as surplus, and the probability of such property’s being desired by the prospective bidder or donee to whom offered, the governmental unit may offer surplus property to other governmental units in the county or district for sale or donation or may offer the property to private nonprofit agencies as defined in s. 273.01(3) by sale or donation. If the surplus property is offered for sale and no acceptable bid is received within a reasonable time, the governmental unit shall offer such property to such other governmental units or private nonprofit agencies as determined by the governmental units on the basis of the foregoing criteria. Such offer shall disclose the value and condition of the property. The best bid shall be accepted by the governmental unit offering such surplus property. The cost of transferring the property shall be paid by the governmental unit or the private nonprofit agency purchasing or receiving the donation of the surplus property.

History.—s. 5, ch. 59-163; s. 21, ch. 94-226; s. 6, ch. 96-209; s. 1, ch. 96-236.

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Amendments to 274.05

Annotations, Discussions, Cases:

Cases Citing Statute 274.05

Total Results: 11

Pollgreen v. Morris

496 F. Supp. 1042

District Court, S.D. Florida | Filed: Jul 7, 1980 | Docket: 2179474

Cited 22 times | Published

that the vessel was improperly seized. 8 C.F.R. § 274.5(b). If the officer determines that the vessel was

Manuel Gonzales, Tommy Ramos, on Behalf of Themselves and All Others Similarly Situated v. Perry A. Rivkind, Robert Adams, and Alan Nelson

858 F.2d 657, 1988 U.S. App. LEXIS 14678, 1988 WL 102837

Court of Appeals for the Eleventh Circuit | Filed: Oct 24, 1988 | Docket: 984172

Cited 6 times | Published

decides against forfeiture of the vehicle, section 274.5(c) and (d) set out the standard conditions of

Gonzales v. Rivkind

629 F. Supp. 236

District Court, M.D. Florida | Filed: Feb 3, 1986 | Docket: 1143320

Cited 3 times | Published

vehicle is subject to seizure. See, e.g., 8 C.F.R. § 274.5. This is a situation in which the government takes

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Florida Attorney General Reports | Filed: Apr 30, 2004 | Docket: 3257154

Published

Fla. Stat. 5 Section 274.04, Fla. Stat. 6 Section 274.05, Fla. Stat. 7 Compare, s. 197.542(1), Fla.

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Florida Attorney General Reports | Filed: Apr 30, 2003 | Docket: 3256404

Published

definition includes the sheriff of the county. Section 274.05, Fla. Stat., authorizes a governmental unit

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Florida Attorney General Reports | Filed: Oct 30, 2001 | Docket: 3255884

Published

property may be donated under the provisions of section 274.05, Florida Statutes. Section 274.06, Florida

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Florida Attorney General Reports | Filed: Jan 22, 1998 | Docket: 3258685

Published

the following question: Do the provisions of section 274.05, Florida Statutes, govern the disposition of

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Florida Attorney General Reports | Filed: Oct 4, 1993 | Docket: 3257265

Published

A. Fla., 1992). 6 Section 274.01(1), F.S. 7 Section 274.05, F.S., provides a procedure for classifying

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Florida Attorney General Reports | Filed: Jul 13, 1988 | Docket: 3256042

Published

Section 274.03, F.S. 8 Section 274.04, F.S. 9 Section 274.05, F.S. 10 Section 705.102, F.S. 11 Section 705

State v. Brown

412 So. 2d 426, 1982 Fla. App. LEXIS 20641

District Court of Appeal of Florida | Filed: Apr 14, 1982 | Docket: 64589256

Published

274.06 provides an alternative procedure (to Section 274.05) for the disposition of surplus tangible nonconsumable

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Florida Attorney General Reports | Filed: Mar 19, 1982 | Docket: 3255685

Published

Black's Law Dictionary 1627 (Rev. 4th ed. 1968). Section 274.05, F.S., authorizes a `governmental unit' to