Florida Statute 125.38 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 125
COUNTY GOVERNMENT

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125.38 Sale of county property to United States, or state.—If the United States, or any department or agency thereof, the state or any political subdivision or agency thereof, or any municipality of this state, or corporation or other organization not for profit which may be organized for the purposes of promoting community interest and welfare, should desire any real or personal property that may be owned by any county of this state or by its board of county commissioners, for public or community interest and welfare, then the United States, or any department or agency thereof, state or such political subdivision, agency, municipality, corporation or organization may apply to the board of county commissioners for a conveyance or lease of such property. Such board, if satisfied that such property is required for such use and is not needed for county purposes, may thereupon convey or lease the same at private sale to the applicant for such price, whether nominal or otherwise, as such board may fix, regardless of the actual value of such property. The fact of such application being made, the purpose for which such property is to be used, and the price or rent therefor shall be set out in a resolution duly adopted by such board. In case of a lease, the term of such lease shall be recited in such resolution. No advertisement shall be required.

History.—s. 4, ch. 23829, 1947.

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Amendments to 125.38

Annotations, Discussions, Cases:

Cases Citing Statute 125.38

Total Results: 4 | Sort by: Relevance | Newest First

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Ago (Fla. Att'y Gen. 1995).

Published | Florida Attorney General Reports

...While the acquisition of land is included within the term "infrastructure" as defined for purposes of section 212.055 (2), Florida Statutes, the county must make a determination that such expenditure serves a county purpose, a determination that must be made by the governing body of the county. 3. Section 125.38 , Florida Statutes, authorizes the county to lease or sell to the state, for a nominal amount of money, property owned by the county but not needed for county purposes....

...t the county must make a determination that such expenditure serves a county purpose. 11 The determination as to whether an expenditure serves a public purpose, however, is one that must be made by the governing body of the county. 12 Question Three Section 125.38 , Florida Statutes provides in pertinent part: "If ....

...e home park, recreational vehicle park, or condominium for a term of 6 months or less is exercising a privilege which is subject to taxation under this section. . . ." 3 See , Ops. Att'y Gen. Fla. 94-12 (1994), 87-16 (1987) and 83-18 (1983). 4 Cf ., s. 125.38 , Fla....

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Matheson v. Miami-Dade Cnty., 258 So. 3d 516 (Fla. Dist. Ct. App. 2018).

Published | District Court of Appeal of Florida

125.045(3), (5)(a) (emphasis added). Section 125.38, “Sale of county property to United States

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Spaulding v. St. Johns Cnty., 384 So. 2d 1276 (Fla. 1980).

Published | Supreme Court of Florida | 1980 Fla. LEXIS 4257

Laws of Florida. (4) That in accordance with section 125.38, Florida Statutes, the Board of County Commissioners

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Ago (Fla. Att'y Gen. 1981).

Published | Florida Attorney General Reports

office space would be for a nominal amount. Section 125.38, F.S., authorizes the board of county commissioners

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