Florida Statute 274.06 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XVIII
PUBLIC LANDS AND PROPERTY

Chapter 274
TANGIBLE PERSONAL PROPERTY OWNED BY LOCAL GOVERNMENTS

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274.06 Alternative procedure.—Having consideration for the best interests of the county or district, a governmental unit’s property that is obsolete or the continued use of which is uneconomical or inefficient, or which serves no useful function, which property is not otherwise lawfully disposed of, may be disposed of for value to any person, or may be disposed of for value without bids to the state, to any governmental unit, or to any political subdivision as defined in s. 1.01, or if the property is without commercial value it may be donated, destroyed, or abandoned. The determination of property to be disposed of by a governmental unit pursuant to this section instead of pursuant to other provisions of law shall be at the election of such governmental unit in the reasonable exercise of its discretion. Property, the value of which the governmental unit estimates to be under $5,000, may be disposed of in the most efficient and cost-effective means as determined by the governmental unit. Any sale of property the value of which the governmental unit estimates to be $5,000 or more shall be sold only to the highest responsible bidder, or by public auction, after publication of notice not less than 1 week nor more than 2 weeks prior to sale in a newspaper having a general circulation in the county or district in which is located the official office of the governmental unit, and in additional newspapers if in the judgment of the governmental unit the best interests of the county or district will better be served by the additional notices; provided that nothing herein contained shall be construed to require the sheriff of a county to advertise the sale of miscellaneous contraband of an estimated value of less than $5,000.

History.—s. 6, ch. 59-163; s. 22, ch. 94-226; s. 7, ch. 96-209.

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Amendments to 274.06

Annotations, Discussions, Cases:

Cases Citing Statute 274.06

Total Results: 5 | Sort by: Relevance | Newest First

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Ago (Fla. Att'y Gen. 2001).

Published | Florida Attorney General Reports

value to a municipality under the terms of section 274.06, Florida Statutes. Further, this statute authorizes

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Ago (Fla. Att'y Gen. 1982).

Published | Florida Attorney General Reports

...Such offer shall disclose the value and condition of the property. The best bid shall be accepted by the governmental unit offering such surplus property. The cost of transferring the property shall be paid by the governmental unit that made the successful bid. Section 274.06 , F.S., permits as an alternative to this procedure that the property `may be disposed of for value to any person, or may be disposed of for value without bids to the state, to any governmental unit, or to any political subdivision as defined in s....

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Ago (Fla. Att'y Gen. 1988).

Published | Florida Attorney General Reports

the disposal of certain surplus property.9 Section 274.06, F.S., provides in part that: Having consideration

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Ago (Fla. Att'y Gen. 2004).

Published | Florida Attorney General Reports

...Obos: On behalf of the Bay County Sheriff's Office, you have asked for my opinion on substantially the following question: Is the Bay County Sheriff authorized to conduct an auction or public sale using an Internet or online auction service to dispose of the following property: surplus property pursuant to section 274.06 , Florida Statutes; lost or abandoned property pursuant to section 705.103 , Florida Statutes; unclaimed evidence pursuant to section 705.105 , Florida Statutes; or forfeited property pursuant to section 932.7055 , Florida Statutes? Ac...

...uch property. In Attorney General's Opinion 88-27, this office concluded that section 468.383 (2), Florida Statutes, exempts from the application of Part VI, Chapter 468 , Florida Statutes, a sheriff's sale at auction of surplus property pursuant to section 274.06 , Florida Statutes; lost or abandoned property under section 705.103 , Florida Statutes; unclaimed evidence as provided in section 705.105 , Florida Statutes; or forfeited property pursuant to what is now section 932.7055 , Florida Statutes....

...e of the exception. Therefore, your question becomes whether a sheriff's sale of tangible personal property pursuant to these statutes, which is a "sale required by law to be at auction," may be conducted using an online or Internet auction service. Section 274.06 , Florida Statutes — surplus property Chapter 274 , Florida Statutes, deals generally with tangible personal property that is owned by local governments. 2 The chapter includes requirements for making records of and maintaining an inventory of property, 3 property supervision and control, 4 property acquisition, 5 and the disposal of certain surplus property. 6 Section 274.06 , Florida Statutes, provides that: "Having consideration for the best interests of the county or district, a governmental unit's property that is obsolete or the continued use of which is uneconomical or inefficient, or which serves no...

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State v. Brown, 412 So. 2d 426 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20641

without competitive bidding, in violation of Section 274.06, Florida Statutes (1979). More specifically

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