The 2023 Florida Statutes (including Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 125
COUNTY GOVERNMENT

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F.S. 125.35

125.35 County authorized to sell real and personal property and to lease real property.—

(1)(a) The board of county commissioners is expressly authorized to sell and convey any real or personal property, and to lease real property, belonging to the county, whenever the board determines that it is to the best interest of the county to do so, to the highest and best bidder for the particular use the board deems to be the highest and best, for such length of term and such conditions as the governing body may in its discretion determine.

(b) Notwithstanding paragraph (a), under terms and conditions negotiated by the board, the board of county commissioners may:

1. Negotiate the lease of an airport or seaport facility;

2. Modify or extend an existing lease of real property for an additional term not to exceed 25 years, where the improved value of the lease has an appraised value in excess of $20 million; or

3. Lease a professional sports franchise facility financed by revenues received pursuant to s. 125.0104 or s. 212.20 which may include commercial development that is ancillary to the sports facility if the ancillary development property is part of or contiguous to the professional sports franchise facility. The board’s authority to lease the above described ancillary commercial development in conjunction with a professional sports franchise facility lease applies only if at the time the board leases the ancillary commercial development, the professional sports franchise facility lease has been in effect for at least 10 years and such lease has at least an additional 10 years remaining in the lease term.

(c) No sale of any real property shall be made unless notice thereof is published once a week for at least 2 weeks in some newspaper of general circulation published in the county, calling for bids for the purchase of the real estate so advertised to be sold. In the case of a sale, the bid of the highest bidder complying with the terms and conditions set forth in such notice shall be accepted, unless the board of county commissioners rejects all bids because they are too low. The board of county commissioners may require a deposit to be made or a surety bond to be given, in such form or in such amount as the board determines, with each bid submitted.

(2) When the board of county commissioners finds that a parcel of real property is of insufficient size and shape to be issued a building permit for any type of development to be constructed on the property or when the board of county commissioners finds that the value of a parcel of real property is $15,000 or less, as determined by a fee appraiser designated by the board or as determined by the county property appraiser, and when, due to the size, shape, location, and value of the parcel, it is determined by the board that the parcel is of use only to one or more adjacent property owners, the board may effect a private sale of the parcel. The board may, after sending notice of its intended action to owners of adjacent property by certified mail, effect a sale and conveyance of the parcel at private sale without receiving bids or publishing notice; however, if, within 10 working days after receiving such mailed notice, two or more owners of adjacent property notify the board of their desire to purchase the parcel, the board shall accept sealed bids for the parcel from such property owners and may convey such parcel to the highest bidder or may reject all offers.

(3) As an alternative to subsections (1) and (2), the board of county commissioners may by ordinance prescribe disposition standards and procedures to be used by the county in selling and conveying any real or personal property and in leasing real property owned by the county. The standards and procedures must provide at a minimum for:

(a) Establishment of competition and qualification standards upon which disposition will be determined.

(b) Reasonable public notice of the intent to consider disposition of county property and the availability of copies of the standards. Reasonableness of the notice is to be determined by the efficacy and efficiency of the means of communication used.

(d) Types of negotiation procedures applicable to the selection of a person to whom county properties may be disposed.

(e) The manner in which interested persons will be notified of the board’s intent to consider final action at a regular meeting of the board on the disposition of a property and the time and manner for making objections.

(f) Adherence in the disposition of real property to the governing comprehensive plan and zoning ordinances.

History.—s. 1, ch. 23829, 1947; s. 1, ch. 70-388; s. 1, ch. 77-475; s. 1, ch. 81-87; s. 1, ch. 83-100; s. 1, ch. 86-105; s. 2, ch. 89-103; s. 2, ch. 95-416; ss. 1, 2, ch. 99-190; s. 1, ch. 2001-252; ss. 56, 79, ch. 2002-402; s. 8, ch. 2013-213.

F.S. 125.35 on Google Scholar

F.S. 125.35 on Casetext

Amendments to 125.35

Arrestable Offenses / Crimes under Fla. Stat. 125.35

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 125.35.

Annotations, Discussions, Cases:

Cases from cite.case.law:

C. MATHESON, v. MIAMI- DADE COUNTY,, 258 So. 3d 516 (Fla. App. Ct. 2018)

. . . The Florida Supreme Court has told us how we should read section 125.35. . . . Matheson's reading of section 125.35 conflicts with sections 125.045 and 125.38. . . . Id. § 125.35(1)(a). "Authorize" means "[t]o formally approve; to sanction." . . . The structure of section 125.35 also weighs against Matheson's reading. . . . Even if it was, Rolling Oaks supports the county's reading of section 125.35. . . .

THIBODEAU, v. PORTUONDO,, 486 F.3d 61 (2d Cir. 2007)

. . . to or involved an unreasonable application of clearly established federal law, we hold that section 125.35 . . .

WALES, v. JACK M. BERRY, INC., 192 F. Supp. 2d 1313 (M.D. Fla. 2001)

. . . failed to satisfy their burden of substantiating the reasonableness of this expense, the claim for $125.35 . . .

PANDYA, a v. ISRAEL,, 761 So. 2d 454 (Fla. Dist. Ct. App. 2000)

. . . Purchase (the “Agreement”) between appellants Dinesh Pandya and Palm Beach County contravened section 125.35 . . . In 1997, pursuant to section 125.35(l)(b), Florida Statutes (1997), the County published an invitation . . . Israel argued that the Agreement contravened section 125.35(1), Florida Statutes (1997). . . . See § 125.35(1)(a), Fla. Stat. (1997). . . . A competitive bidding statute like section 125.35 is enacted for the protection of the public. . . .

THE AMERICAN RECYCLING COMPANY, INC. a a v. COUNTY OF MANATEE, a, 963 F. Supp. 1572 (M.D. Fla. 1997)

. . . The court held that to approve the cancellation would violate the mandate of Florida Statute 125.35, . . . Section 125.35 governs the sale or lease of real and personal property by the county. . . .

TAMAR INC. d b a v. ORANGE COUNTY,, 686 So. 2d 790 (Fla. Dist. Ct. App. 1997)

. . . rights to the Baseball Owners which are subject to the competitive bidding requirements of section 125.35 . . . Owners concerning these rights unless and until the competitive bidding procedures set forth in section 125.35 . . .

OUTDOOR MEDIA OF PENSACOLA, INC. v. SANTA ROSA COUNTY, f k a, 554 So. 2d 613 (Fla. Dist. Ct. App. 1989)

. . . Section 125.35(l)(a), Florida Statutes (1987), provides in part: The board of county commissioners is . . . further alleged that the agreement was entered into without competitive bidding as required by section 125.35 . . .

PROFFITT, v. ROHM HAAS, 850 F.2d 1007 (3d Cir. 1988)

. . . . § 125.35(d)(2) (1975). . . .

T. J. CUNNINGHAM, v. M. ADAMS, T. L., 808 F.2d 815 (11th Cir. 1987)

. . . . § 125.35. . . .

ROLLING OAKS HOMEOWNER S ASS N, INC. v. DADE COUNTY, a d b a a, 492 So. 2d 686 (Fla. Dist. Ct. App. 1986)

. . . that the lease was effectuated in violation of the competitive bidding procedures required by section 125.35 . . . authorizing a lease that was not necessarily made to the highest and best bidder pursuant to section 125.35 . . . Appellees argue that section 125.35 does not include leases of county property in its section requiring . . . . 77-475, amendment effective 7/12/77), the competitive bidding requirements remain part of section 125.35 . . .

HARRIS, v. DADE COUNTY,, 13 Fla. Supp. 2d 69 (Fla. Cir. Ct. 1985)

. . . Pursuant to Section 125.35, Florida Statutes, the Board of County Commissioners may lease real property . . . ALLEGATION OF VIOLATION OF LAW REQUIRING BIDDING IN LEASE OF COUNTY PROPERTY The provisions of Section 125.35 . . .

TRIPLE U ENTERPRISES, INC. a L. R. v. NEW HAMPSHIRE INSURANCE COMPANY, a, 766 F.2d 1278 (8th Cir. 1985)

. . . had failed to hon- or the insurance agreement, and awarded summary judgment for Triple U for $338,-125.35 . . .

GREATER LEON ARTS CENTER, INC. v. LEON COUNTY, STATE OF FLORIDA, 13 Fla. Supp. 2d 14 (Fla. Cir. Ct. 1985)

. . . Steinmeyer, the COMMISSION attorney, advised the Board at that time of the requirements of Sec. 125.35 . . . COMMISSION accepted the Leoni bid, subject to compliance by the COMMISSION with the bid requirements of Sec. 125.35 . . . It only remained thereafter for the notice and bid requirements of Sec. 125.35, F.S. to be complied with . . . Library building to the highest and best bidder was conducted in accordance with the requirements of Sec. 125.35 . . .

In FINE PAPER ANTITRUST LITIGATION, 98 F.R.D. 48 (E.D. Pa. 1983)

. . . After reviewing Yankwitt’s time records I conclude that only 125.35 hours are compensable. . . . (C) Total Lodestar 125.35 hours X $100/hour = $12,535 (D) Multiplier The firm seeks a multiplier of 3 . . . Robinson, Silverman: Attorney’s Name Hours Hourly Rate Lodestar Total Awarded Total Requested Yankwitt 125.35 . . .

GEORGIA- PACIFIC CORPORATION, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY,, 671 F.2d 1235 (9th Cir. 1982)

. . . . § 125.35 (1975). . . . . § 125.35(d)(1) (1975). . . . The applicable text of these regulations provides in pertinent part: 40 C.F.R. § 125.35 Issuance and . . . See 40 C.F.R. § 125.35(b) and (c). . . . .

WOLF RIDGE PLASTICS, INC. a E. T. A. a v. JACKSONVILLE ELECTRIC AUTHORITY, a J. Au a, 388 So. 2d 1298 (Fla. Dist. Ct. App. 1980)

. . . Dedmond was a bidder, and as such was in position to insist upon compliance with the statute, Section 125.35 . . .

MARRIOTT CORPORATION, a v. METROPOLITAN DADE COUNTY,, 383 So. 2d 662 (Fla. Dist. Ct. App. 1980)

. . . The invitation was advertised pursuant to Section 125.012(17), Florida Statutes (1977) and Section 125.35 . . . In addition to the resolutions, charter, and code, Sections 125.012(17) and 125.35, Florida Statutes . . . under consideration is a non-exclusive, a non-aeronautical contract and that the provisions of Section 125.35 . . . Section 125.35, Florida Statutes (1977), states: The board of county commissioners is expressly authorized . . .

COSTLE, ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY v. PACIFIC LEGAL FOUNDATION, 445 U.S. 198 (U.S. 1980)

. . . . § 125.35. . . . automatically stay the effectiveness of the permit modification pending disposition of the request. § 125.35 . . .

W. FURNAMS v. SANTA ROSA ISLAND AUTHORITY, 377 So. 2d 983 (Fla. Dist. Ct. App. 1979)

. . . Section 125.35, Florida Statutes, requiring county commissioners, prior to selling any county property . . .

CENTRAL HUDSON GAS ELECTRIC CORPORATION, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, s CENTRAL HUDSON GAS ELECTRIC CORPORATION, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, M. U. S. C. II, U. S. A. A. s, 587 F.2d 549 (2d Cir. 1978)

. . . . § 125.35. . . . adjudicatory hearing, the effect of contested provisions is stayed pending final agency action. 40 C.F.R. § 125.35 . . . . § 125.35(a). . . . Determination will become a final NPDES permit, issued and effective [in thirty days as provided in 40 C.F.R. § 125.35 . . . effective, and the utilities are subject to all of the uncontested provisions of the permits. 40 C.F.R. § 125.35 . . . non-final for purposes of judicial review, pending the outcome of the adjudicatory hearings. 40 C.F.R. § 125.35 . . .

MARATHON OIL COMPANY, v. ENVIRONMENTAL PROTECTION AGENCY, SHELL OIL COMPANY, v. ENVIRONMENTAL PROTECTION AGENCY, MARATHON OIL COMPANY v. ENVIRONMENTAL PROTECTION AGENCY,, 564 F.2d 1253 (9th Cir. 1977)

. . . . § 125.35(c). . . .

NATIONAL CAR RENTAL, v. LEE COUNTY,, 42 Fla. Supp. 182 (Lee Cty. Cir. Ct. 1975)

. . . argument of counsel and being further advised in the premises, the court concludes that Florida Státute §125.35 . . .

ACKMAN, v. DADE COUNTY, a, 308 So. 2d 622 (Fla. Dist. Ct. App. 1975)

. . . . § 125.35. The petition for mandamus was dismissed and the first appeal followed. . . . of law that this particular concession be granted under the bidding process required by Fla.Stat. § 125.35 . . .

RANDALL INDUSTRIES, INC. a v. LEE COUNTY, a, 307 So. 2d 499 (Fla. Dist. Ct. App. 1975)

. . . . § 125.35 (1973). . . . However, Fla.Stat. § 125.35 (1973), which is part of the statutory authority relating to the powers of . . .

STATE v. DIXON STATE v. D. SETSER, STATE v. HUNTER STATE v. L. SHEPPARD,, 283 So. 2d 1 (Fla. 1973)

. . . Laws, c. 40, § 125.30 (Supp.1970-71), § 125.35 (1967). . Pa.Stat.Ann., Tit. 18, § 4701 (1963). . . . . N.Y.Penal Law § 125.35(3) (1967). .In the following cases the jury could make a binding recommendation . . .

UNITED STATES JACKSON, v. W. FOLLETTE,, 462 F.2d 1041 (2d Cir. 1972)

. . . murder, since under former N.Y.Penal Law § 1045-a (Penal Law of 1909, added 1963) [now N.Y.Penal Law § 125.35 . . .

JACKSON, v. W. FOLLETTE,, 332 F. Supp. 872 (S.D.N.Y. 1971)

. . . Penal Law § 125.35 (1967), McKinney’s Consol. . . .

McGAUTHA v. CALIFORNIA, 402 U.S. 183 (U.S. 1971)

. . . Penal Law §§ 125.30 (Supp. 1970-1971), 125.35 (1967); Pa. Stat. Ann., Tit. 18, §4701 (1963); Tex. . . .

DEDMOND, v. ESCAMBIA COUNTY,, 244 So. 2d 758 (Fla. Dist. Ct. App. 1971)

. . . authorizes and empowers the commission to execute conveyances where land is sold pursuant to Section 125.35 . . . in the absence of fraud, collusion or other misconduct would tend to violate the mandate of Section 125.35 . . .

UNITED STATES C. BROWN, v. J. LaVALLEE,, 424 F.2d 457 (2d Cir. 1970)

. . . 125.25, the court shall, as promptly as practicable, conduct a further proceeding, pursuant to section 125.35 . . . The second proceeding runs as follows: § 125.35 Murder; proceeding to determine sentence; appeal 1. . . . N.Y.Penal Law § 125.35 (McKinney 1967). . . .

DEDMOND v. ESCAMBIA COUNTY, 33 Fla. Supp. 183 (Escambia Cty. Cir. Ct. 1970)

. . . The court makes the following finding of facts and law — Pursuant to authority granted in §125.35, Florida . . . County may lease the property in question, provided it does so after complying with the requirements of §125.35 . . .

WITHERSPOON v. ILLINOIS, 391 U.S. 510 (U.S. 1968)

. . . Law §§ 125.30, 125.35 (1967); Pa. Stat., Tit. 18, §4701 (1963). And see S. D. . . .

CRAWFORD, v. V. BOUNDS, K. B., 395 F.2d 297 (4th Cir. 1968)

. . . . § 53-10; N.Y.Penal Code, McKinney’s Consol.Laws, c. 40, § 125.35; 18 Penn.Stat.Ann. § 4701. . . . .

UNITED STATES v. JACKSON, 390 U.S. 570 (U.S. 1968)

. . . Penal Law §§125.30, 125.35 (1967). . . .

BROWARD COUNTY RUBBISH CONTRACTORS ASSOCIATION v. BROWARD COUNTY, a J., 112 So. 2d 898 (Fla. Dist. Ct. App. 1959)

. . . attempted to make a gift of dump sites to the exclusive franchise holder, Affiliated, contrary to section 125.35 . . .

PARK- N- SHOP, a a a v. W. S. SPARKMAN, M. I. a a, 99 So. 2d 571 (Fla. 1957)

. . . Florida, Special Acts of 1949; and Chapter 25895, Laws of Florida, Special Acts of 1949; and to Secs. 125.35 . . .

IRV ENTERPRISES, a v. ATLANTIC ISLAND CIVIC ASSOCIATION, B. I. D., 90 So. 2d 607 (Fla. 1956)

. . . alleged to have conveyed land to Atlantic Island Civic Association, Inc., without complying with Sec. 125.35 . . . Although the answer admitted non-compliance with Sec. 125.35, supra, its applicability to the undisputed . . . It appears at once that there was no occasion to invite competitive bids because the statute, Sec. 125.35 . . .