CopyCited 13 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 1478
...nts (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. Even so, appellees claim that the transaction is exempt from bidding under section
125.39, Florida Statutes, which excludes conveyances for a specific purpose which contain a reversionary clause....
...al effect. Thus, at least as to the twenty-two acres, there was no provision for reversion if the property were not put to the designated use. With no provision for a reverter, the exemption provision of the statutory bidding procedures contained in section 125.39, Florida Statutes, was inapplicable and, appellants claim, the lease was invalid as to that portion of the property since the tract was not necessarily leased to the highest and best bidder. Appellee Dade County also makes the argument that since section 125.39, Florida Statutes, exempts from its competitive bidding requirements conveyances of county lands acquired for a specific purpose and containing a reverter clause, it logically follows that the exemption should also apply where to requi...
CopyAgo (Fla. Att'y Gen. 2011).
Published | Florida Attorney General Reports
...Subsection (4) authorizes the sale of such property when the county no longer needs the property for aeronautical purposes, without restriction as to whether the purchaser is a public or private entity. Section
332.08 , Florida Statutes, was enacted prior to sections
125.35 and
125.39 , Florida Statutes....
...nd best bidder when the board determines that it would be in the county's best interest. 12 The statutes governing such disposition, however, specifically exempt the lease of an airport from the competitive bidding and best interest requirements. 13 Section 125.39 , Florida Statutes, further creates an exception from the general competitive bidding provisions in Chapter 125 , Florida Statutes, governing the disposition of real and personal property as follows: "The provisions of this law shall n...
...15 The portion relating to the disposition of lands acquired for delinquent taxes was deleted in 1973, at the same time that section 197.302, Florida Statutes, 16 was amended to cover such lands. 17 The only Florida court considering the effect of section 125.39 , Florida Statutes, on the transfer of county-owned property subject to a reversion clause found the exemption "clear on its face, and intended to apply only in limited circumstances ." 18 (e.s.) The court stated that "[a]s long as a conveyance to the county includes a valid special purpose and reverter clause, the competitive bidding requirements do not apply to county dispositions." 19 While there is no available legislative history explaining the exemptions created in 1947 by section 125.39 , Florida Statutes, the title to the act states that it is: "AN ACT Relating to the Disposition of Real and Personal Property Belonging to Any County in the State of Florida Not Needed for County Purposes by the Board of County Commiss...
...tion of This Act." 20 (e.s.) This clear intent in the title premises the exercise of the county's authority to dispose of real and personal property upon the fact that the property is no longer needed for county purposes. A logical interpretation of section 125.39 , Florida Statutes, therefore, is that disposition of property subject to a reverter clause is controlled by the reverter clause since the property is no longer needed for county purposes, i.e....
...y for a public airport. Nevertheless, the mere presence of a reverter clause would not appear to be sufficient to exempt the sale or disposition of property from competitive bidding requirements in section
125.35 , Florida Statutes. The exemption in section
125.39 , Florida Statutes, simply recognizes that property subject to a reverter clause which is determined to be no longer needed for county purposes would revert to the grantor....
...As a statute enacted to protect the public's interest, section
125.35 , Florida Statutes, should be broadly construed to effectuate the purpose of the law and any exemption narrowly applied. 23 In light of the protections afforded by the competitive bid statutes, I am unable to read the exemption in section
125.39 , Florida Statutes, so broadly that it would apply to an inoperative reverter clause....
...4 Section
125.01 (3), Fla. Stat., recognizes the general authority of a county to purchase, lease, sell, or exchange real or personal property; s.
125.35 , Fla. Stat., sets forth a more detailed procedure for counties to sell and convey property by competitive bid; and s.
125.39 , Fla....
...1976) (legislative direction constitutes an implicit prohibition against its being done in any other manner). 10 See s. 8, Ch. 22846, General Laws of Fla. (1945), creating s.
332.08 , Fla. Stat., and ss. 1 and 5, Ch. 23829, General Laws of Fla. (1947), respectively creating ss.
125.35 and
125.39 , Fla....
...1974), providing that implied repeals are disfavored and will not be upheld in cases of doubt. 12 See s.
125.35 , Fla. Stat. 13 Section
125.35 (1)(b), Fla. Stat. 14 See ss. 1 and 5, Ch. 23829, Gen. Laws of Fla. (1947), respectively creating ss.
125.35 and
125.39 , Fla....
...operty for such purpose." 16 Subsequently renumbered as s.
197.592 , Fla. Stat., by s. 197, Ch. 85-342 , Laws of Fla. 17 Section 29, Ch. 73-332 , Laws of Fla., deletes the provisions relating to lands acquired by any county for delinquent taxes from section
125.39 ; s....
