Florida/Georgia Personal Injury & Workers Compensation

...You ask whether the school board may utilize the provisions of section 1013.15 , Florida Statutes, to enter into a lease-purchase agreement with the developer whereby the developer would lease the property for several months before deciding whether to exercise its option to purchase the property. 1 You note that section 1013.28 , Florida Statutes, governs the disposal of real property by district school boards....

...A copy of the final agreement shall be available for inspection and review by the public. The intent to enter into a lease with an option to purchase or a lease-purchase agreement shall be published three (3) times in a local newspaper as required by law." While section 1013.28 , Florida Statutes, in providing for the disposal of school property, requires a finding by the school board that the property is unnecessary for educational purposes as recommended in an educational plant survey, section 1013.15 , Fl...

...Rather, the statute clearly authorizes the school board to dispose of land owned by it through a lease-purchase agreement under such terms and conditions as the board deems to be in its best interests. Similarly, the rule implementing sections 1013.15 and 1013.28 , Florida Statutes, recognizes that the property may be disposed of by lease-purchase to any person or entity, as the school board determines to be in its best interest....

...Under the rule, the board is required to publish the intent to enter into such an agreement three times in a local newspaper. This office has no authority to impose additional restrictions or limitations. 2 You refer to Attorney General Opinion 05-09, in which this office was asked whether section 1013.28 , Florida Statutes, controlled when the school board transferred the fee simple title to property obtained by eminent domain to a municipality that then granted the school board a leasehold interest in the property. As noted above, section 1013.28 governs the disposal of school property....

...ollowing questions: 1. May a school board condemn property by eminent domain pursuant to section 1013.24 , Florida Statutes, and retain less than fee simple ownership when a municipality has agreed to pay the costs of acquiring the property? 2. Does section 1013.28 , Florida Statutes, control the disposition of such property when fee simple title is conveyed to the municipality and the school board obtains a leasehold interest? The City of Sunny Isles, located in northeast Miami-Dade County, wis...

...operty to the city. Question Two In light of the conclusion in Question One, a response to Question Two is not necessary. However, I would note that there is no other mechanism prescribed for disposing of real property by the school board other than section 1013.28 (1), Florida Statutes, which provides: "Subject to rules of the State Board of Education, a board may dispose of any land or real property that is, by resolution of the board, determined to be unnecessary for educational purposes as recommended in an educational plant survey....

...title to said property is to make the determination that the property is no longer necessary for educational purposes, as has been recommended in an educational plant survey. It would appear that an attempt to dispose of a fee simple ownership under section 1013.28 (1), Florida Statutes, while retaining or contracting for a leasehold interest in the property for educational purposes would not be authorized under state law....