CopyCited 576 times | Published | Supreme Court of Florida
...9 (October 20, 1972). [10] Cal.Penal Code § 190.1 (1970). [11] Conn. Gen. Stat.Rev. § 53a-46 (Supp. 1969). [12] Act of March 27, 1970, No. 1333, Ga. Laws 1970, p. 949. [13] N.Y.Penal Law, McKinney's Consol. Laws, c. 40, § 125.30 (Supp. 1970-71), § 125.35 (1967)....
...[16] New York law provided in similar manner that "evidence may be presented by either party on any matter relevant to sentence... . Any relevant evidence, not legally privileged, shall be received regardless of its admissibility under the exclusionary rules of evidence." N.Y.Penal Law § 125.35(3) (1967)....
CopyCited 25 times | Published | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 16695
...an "Operational and Management Services Agreement" to sell alcoholic beverages in the new International Satellite facility at the Miami International Airport. The invitation was advertised pursuant to Section
125.012(17), Florida Statutes (1977) and Section
125.35, Florida Statutes (1977)....
...submission of a portion of those funds to the county. Their theory removes only the requirement for formal sealed bids but does not negate competitive bidding requirements. In addition to the resolutions, charter, and code, Sections
125.012(17) and
125.35, Florida Statutes (1977), discuss competitive bidding. [1] Appellees contend the contract under consideration is a non-exclusive, a non-aeronautical contract and that the provisions of Section
125.35, Florida Statutes (1977), are overridden by the subsequent passage of Section
125.012(17), Florida Statutes (1977), which imply that only exclusive franchises must be awarded by competitive bidding....
...notice of the fact that it intends to grant such exclusive franchise and will at a time certain to be fixed in said notice ... enter into negotiations with any interested parties as to the terms, conditions, and provisions of any such exclusive franchise. Section 125.35, Florida Statutes (1977), states: The board of county commissioners is expressly authorized to sell and convey any property, real or personal, and to lease real property, belonging to the county, ......
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit
the instructions to the bidders. See 8 Fla.Stat. §
125.35. Moreover, while the invitation to bid listed
CopyCited 13 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 1478
...is illegal because no notice or public hearing preceded it; that the contract between the County and Dolphin Stadium Corp. is an illegal contract for specific zoning; and that the lease was effectuated in violation of the competitive bidding procedures required by section 125.35, Florida Statutes (1983)....
...We find that appellants have stated a cause of action in Count VIII, entitled "Failure to Comply with Bid Procedures." This count alleges that the County Commission acted illegally in authorizing a lease that was not necessarily made to the highest and best bidder pursuant to section 125.35, Florida Statutes. Appellees argue that section 125.35 does not include leases of county property in its section requiring two week publication of notice prior to conveyances of county property....
...Instead, the requirement is limited to county land sales. While it is true that this section of the statute was amended in 1977 to omit leasing from its notice and publication requirements (C. 77-475, amendment effective 7/12/77), the competitive bidding requirements remain part of section 125.35, which governs both sales and leases of county real property....
CopyCited 10 times | Published | District Court of Appeal of Florida
...e acts reveal that the commissioners are required to grant more than one franchise. "Also argued by the plaintiffs was the contention that the contract attempted to make a gift of dump sites to the exclusive franchise holder, Affiliated, contrary to section 125.35, Florida Statutes [F.S.A.], which authorizes sale and conveyance of real property, belonging to the county, only after advertising for bids....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1971 Fla. App. LEXIS 7060
...125.36, Florida Statutes, F.S.A., contemplates the execution of a conveyance by the county commissioners in case of sale of realty. While the cited statute authorizes and empowers the commission to execute conveyances where land is sold pursuant to Section 125.35, Florida Statutes, F.S.A., nowhere in the wording of that or the preceding statutory section do we find language which permits the cancellation of a bid award up until the time a conveyance is executed....
...ays after the attempted cancellation, to execute the lease and furnish the required bond. To approve *761 the cancellation of an award to a successful bidder in the absence of fraud, collusion or other misconduct would tend to violate the mandate of Section 125.35, Florida Statutes, F.S.A., requiring that the award be made to the highest and best bidder complying with the terms and conditions of the call for bids....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2000 WL 726486
...Hoover of Greenspoon, Marder, Hirschfeld, Rafkin, Ross & Berger, P.A., Fort Lauderdale, for appellee. GROSS, J. The issue in this case is whether an Agreement of Sale and Purchase (the "Agreement") between appellants Dinesh Pandya and Palm Beach County contravened section 125.35(1)(a), Florida Statutes (1997), which provides that a county is authorized to "sell and convey any real or personal property ......
...Beginning in 1995, Pandya negotiated with the County to "secure the right to acquire" the units for which the County held tax certificates. The appraised value of the County's interest in the property was $170,000; taxes owed on the units totaled $3,200,000. In 1997, pursuant to section 125.35(1)(b), Florida Statutes (1997), the County published an invitation to bid for the purpose of acquiring the County's interest in the tax certificates pertaining to the twenty-seven units....
...The County agreed not to "accept or negotiate any tax deed application for less than actual amount due in connection with the Tax Certificate." Israel filed a declaratory judgment action against the County and Pandya seeking to invalidate the Agreement. Israel argued that the Agreement contravened section 125.35(1), Florida Statutes (1997)....
...ement was "void or otherwise invalid and unenforceable." The final judgment ruled that the County was precluded from entering into an agreement to sell the property prior to its escheating and that the county must "follow the procedure of Fla. Stat. § 125.35(1) in the event competitive bids are solicited for the Real Property if title is obtained." We reject appellants' contention that the circuit court was without jurisdiction due to the absence of both a bona fide dispute and an actual, present need for the declaration....
...o the County in 2001. Plaintiff alleges he was precluded from bidding on the units because the County failed to wait until the land escheated to the County before soliciting bids. Plaintiff is challenging the County's authority to solicit bids under § 125.35 prior to owning the property....
...im from potential economic benefits. His claim of special injury was buttressed by his ownership of other units at the property which is the subject of the contract. Finally, we agree with Judge Kroll's conclusion that the contract at issue violates section 125.35(1)(a), Florida Statutes (1997). Section 125.35(1)(a) provides in pertinent part: 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...
...uding, specifically, authority to employ personnel, expend funds, enter into contractual obligations, and purchase or lease and sell or exchange real or personal property. §
125.01(3)(a), Fla. Stat. (1997) (emphasis supplied). As Israel points out, section
125.35 specifically addresses the procedural requirements for the sale of property by the County and thus controls over the more general terms of section
125.01. See McKendry v. State,
641 So.2d 45, 46 (Fla. 1994); Barnett Banks, Inc. v. Department of Revenue,
738 So.2d 502, 505 (Fla. 1st DCA 1999). Thus, any property sold by the county must "belong to" the county. See §
125.35(1)(a), Fla. Stat. (1997). We agree with Judge Kroll that section
125.35 contemplates that the County will sell real property in the traditional way when it owns the property....
...created by the tax certificates that encumbered the units," an interest that was "transferable personal property" that "belonged to" the County. This legal spin tortures the statutory limitation beyond recognition. A competitive bidding statute like section 125.35 is enacted for the protection of the public....
...desires to purchase such Unit in the manner set forth herein." The great disparity between the amount of taxes owed on the property and its value made it highly unlikely that intervening buyers would disrupt the mechanics of the sale. Our reading of section 125.35 is that the County may "sell and convey" only real property that it owns....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...whereby the county granted the Youngs the exclusive right to use certain parking areas at the airport for a taxicab and limousine stand. The complaint alleged that this agreement was entered into without competitive bidding as required by Fla. Stat. § 125.35 (1973)....
...s a general rule, in the absence of a controlling constitutional or legislative provision, competitive bidding is not an essential prerequisite to the validity of public contracts. 64 Am.Jur.2d, Public Works and Contracts, § 34. However, Fla. Stat. § 125.35 (1973), which is part of the statutory authority relating to the powers of county commissioners, states: "......
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1989 WL 153633
...vilege of a limited duration; the agreement is not a lease, which would be a conveyance of an interest in an estate for a term less than that of the owner." Based on these findings, the complaint was dismissed for failure to state a cause of action. Section 125.35(1)(a), Florida Statutes (1987), provides in part: 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 deter...
...g cab company, granting the competing company exclusive right to use certain parking areas at the airport for a taxicab and limousine stand. The complaint further alleged that the agreement was entered into without competitive bidding as required by section 125.35, Florida Statutes (1973)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...4th DCA 1976), and Dick v. Drainage District No. 2, etc., 175 Kan. 267, 267 P.2d 494 (1954). Dedmond v. Escambia County, supra, is distinguishable because Dedmond was a bidder, and as such was in position to insist upon compliance with the statute, Section 125.35, Florida Statutes, requiring that the award be made to the highest and best bidder....
CopyCited 3 times | Published | District Court, M.D. Florida | 1997 U.S. Dist. LEXIS 10995, 1997 WL 251462
...The trial court granted the county's motion to dismiss, holding that there was no binding contract between the parties until a written *1580 lease agreement was executed. Id. On appeal, the court reversed the trial court's decision. The court held that to approve the cancellation would violate the mandate of Florida Statute 125.35, [3] "requiring that the award be made to the highest and best bidder complying with the terms and conditions of the call for bids." Id....
...Pursuant to section 3-102(1) of the Procurement Code, the County decided not to use the competitive sealed bidding process. Rather, the County used the competitive sealed proposals process. Accordingly, there is no way the County at the October 13, 1992 meeting could have deemed the Plaintiffs to be a responsive bidder. [3] Section 125.35 governs the sale or lease of real and personal property by the county....
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
complying with the competitive bid requirements of section
125.35, Florida Statutes? In sum: While the Broward
CopyAgo (Fla. Att'y Gen. 2011).
Published | Florida Attorney General Reports
substantially the following question: Pursuant to section
125.35(1)(b)1., Florida Statutes, may the county negotiate
CopyPublished | District Court of Appeal of Florida
injunctive relief. Matheson’s petition alleged that section
125.35, Florida Statutes,2 required the county to
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 16197
nevertheless constitute a valid public purpose. Section
125.35, Florida Statutes, requiring county commissioners
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
Commissioners of Dade County is authorized by section
125.35(1)(a), Florida Statutes, to grant a lease to
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
provided by law, s. 197.700(2), F. S. 1971. Section
125.35, F. S., provides the method for the sale of
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
site must be competitively bid pursuant to section
125.35, Florida Statutes. Such lease may be for a
CopyAgo (Fla. Att'y Gen. 2011).
Published | Florida Attorney General Reports
follow the competitive process prescribed in section
125.35, Florida Statutes, in selling the county airport
CopyPublished | Florida 5th District Court of Appeal | 1997 WL 24242
...Count VII asserts that the "fifth-cent" tax can only used to finance a single facility. Counts VIII and IX contend that the Revised Summary of Expected Lease Terms contains a number of provisions granting rights to the Baseball Owners which are subject to the competitive bidding requirements of section 125.35, Florida Statutes (1993)....
...the Baseball Owners under the proposed agreement. Both counts seek a declaration that Orange County cannot enter into a final agreement with the Baseball Owners concerning these rights unless and until the competitive bidding procedures set forth in section 125.35 are complied with....
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
the following question: Do the provisions of section
125.35, Florida Statutes, govern the disposition of
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14570
Miami International Airport pursuant to Fla.Stat. §
125.35. The petition for mandamus was dismissed and the
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
substantially the following questions: 1. Is section
125.35, Florida Statutes, applicable to the proposed
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
exchange real or personal property."3 (e.s.) Section
125.35(1), F.S., provides, in pertinent part, as follows:
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
applicable to the proposed lease you describe. Section
125.35 covers county leases in general; s.
125.38 