Florida/Georgia Personal Injury & Workers Compensation

that the vessel was improperly seized. 8 C.F.R. § 274.5(b). If the officer determines that the vessel was

decides against forfeiture of the vehicle, section 274.5(c) and (d) set out the standard conditions of

vehicle is subject to seizure. See, e.g., 8 C.F.R. § 274.5. This is a situation in which the government takes

...bstantially the following question: Is the Sarasota-Manatee Airport Authority a "governmental unit" within the scope of Ch. 274 , F.S., such that it would be required to follow the statutory requirements for disposal of personal property pursuant to s. 274.05 , F.S.? In sum: The Sarasota-Manatee Airport Authority is not a "[g]overnmental unit" as that term is defined in s....

...has no independent taxing power. 9 Therefore, the Sarasota-Manatee Airport Authority does not fall within the definition of a "[g]overnmental unit" in s. 274.01 (1), F.S., and would not be a special district which must comply with the provisions of s. 274.05 , F.S., relating to the disposal of property....

...by Chs. 91-358 and 92-242, Laws of Florida. 2 Section 3(1), Ch. 91-358, Laws of Florida. 3 Id. 4 Section 18, Ch. 91-358, F.S. 5 See, Sarasota-Manatee Airport Authority v. Mikos, 605 So.2d 132 , 133 (2 D.C.A. Fla., 1992). 6 Section 274.01 (1), F.S. 7 Section 274.05 , F.S., provides a procedure for classifying and disposing of surplus property by a governmental unit....

property may be donated under the provisions of section 274.05, Florida Statutes. Section 274.06, Florida

...nit, of a nonconsumable nature.' Tangible property is that which may be felt or touched, such as may be seen, weighed, measured and estimated by the physical senses. See 73 C.J.S. Property s 5 (1951); Black's Law Dictionary 1627 (Rev. 4th ed. 1968). Section 274.05 , F.S., authorizes a `governmental unit' to classify as surplus any of its property which is not otherwise lawfully disposed of, that is obsolete or the continued use of which is uneconomical or inefficient, or which serves no useful f...

...Thus, the answer to your question is that the county is authorized to dispose of dirt which has been dug out of drainage and other county projects. If the dirt has commercial value as fill dirt it should be sold to the highest and best bidder; alternatively, the county may, pursuant to s 274.05 , F.S., classify the dirt as surplus and offer it to other governmental units with the cost of transferring such surplus property to be borne by the governmental transferee....

Section 274.03, F.S. 8 Section 274.04, F.S. 9 Section 274.05, F.S. 10 Section 705.102, F.S. 11 Section 705

Mr. Thomas Trask Attorney for the City of Oldsmar Frazer, Hubbard, Brandt, and Trask Post Office Box 1178 Dunedin, Florida 34698 Dear Mr. Trask: You have asked for my opinion on substantially the following question: Do the provisions of section 274.05 , Florida Statutes, govern the disposition of tangible personal property that the City of Oldsmar has determined to be surplus municipal property? In sum: The provisions of section 274.05 , Florida Statutes, do not apply to the disposition of surplus municipal property....

...The City of Oldsmar has not offered the truck to any other governmental unit nor has it put the purchase of the fire engine out for bid by any other governmental unit or private, not-for-profit agency. Your question is whether the city must follow the procedures in section 274.05 , Florida Statutes, for the disposition of surplus property. Section 274.05 , Florida Statutes, authorizes a "governmental unit" to classify certain property 1 as surplus and to "offer surplus property to other governmental units in the county or district for sale or donation or ....

...d of disposing of such property is left to the discretion of the municipality's governing body, which is required only to act in good faith and in the best interest of the municipality. While the municipality may utilize the procedures prescribed in section 274.05 , Florida Statutes, as a pattern to follow for disposing of such property, it is not required to do so....

...n s. 274.01 (1), Fla. Stat., to mean "the governing board, commission or authority of a county or taxing district of the state or the sheriff of the county." 3 Section 274.02 , Fla. Stat. 4 Section 274.03 , Fla. Stat. 5 Section 274.04 , Fla. Stat. 6 Section 274.05 , Fla....

definition includes the sheriff of the county. Section 274.05, Fla. Stat., authorizes a governmental unit

274.06 provides an alternative procedure (to Section 274.05) for the disposition of surplus tangible nonconsumable