§ 14-83. Methods of disposal.  


Latest version.
  • (a)

    Once the real property has been declared surplus, the county manager or designee shall recommend to the board of county commissioners a particular method of disposal as set forth in this article.

    (b)

    The county manager or designee may dispose of surplus real property in the following manner:

    (1)

    Through the competitive bidding process as set forth in section F.S. § 125.35(1). The county manager or designee may sell, convey or lease any real property, whenever the board of county commissioners determines that it is in the best interest of the county to do so, to the highest and best bidder for the particular use of the property the board determines is the highest and best. Notice shall be published once a week for at least two (2) weeks in a newspaper of general circulation, calling for bids on the property.

    (2)

    By negotiating a private sale in accordance with section F.S. § 125.36(2). The county manager or designee may negotiate a private sale with an adjacent property owner when the board of county commissioners finds that the property is of insufficient size and shape to be issued a permit for any type of development, or when the value of the property is fifteen thousand dollars ($15,000.00) or less as determined by the Lake County Property Appraiser and of use only to the adjacent property owners. Notice of intended action shall be sent to the adjacent property owners, certified mail. If, within ten (10) days, two (2) or more adjacent property owners indicate an interest to purchase the property, then the county manager or designee shall accept sealed bids for the parcel from those property owners. If no response is received from the adjacent property owners, then a private sale may be completed.

    (3)

    Exchange surplus real property in accordance with section F.S. § 125.37. The board of county commissioners may exchange surplus real property for another parcel of real property, provided that the board has published a notice for at least two (2) weeks, in a newspaper of general circulation, before adoption of a resolution authorizing the exchange. The notice shall set forth the terms and conditions of the exchange of property.

    (4)

    Sell, transfer, lease or convey surplus real property to another governmental entity or non-profit entity in accordance with section F.S. § 125.38. The board of county commissioners may, upon finding that the property is required for use by another governmental entity or non-profit entity, sell, transfer, lease or convey real property to that entity for such price, whether nominal or otherwise as the board may fix. The fact of the 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 the board. No advertisement is required.

    (c)

    The county manager or designee may additionally dispose of surplus real property in accordance with F.S. § 125.35(3). The board of county commissioners may dispose of surplus real property through the use of a licensed real estate broker or through a public auction house in the following manner:

    (1)

    A licensed real estate broker or public auction house shall be retained through the competitive bidding process in accordance with county policy. Any contract for services shall, at a minimum, set forth the amount of compensation due for services, the length of notice/advertising time, the time for auction, if being auctioned, and such other information as deemed necessary by the county manager or designee. The contract(s) shall be approved by the board. Notice of the board's intent to consider the contract(s) shall be given in accordance with the board's regular advertising procedures.

    (2)

    Any offer made to a licensed real estate broker for purchase of listed surplus property shall be brought to the board of county commissioners in the form of a purchase agreement. Notice of the board's intent to consider the purchase agreement shall be given in accordance with the board's regular advertising procedures. If the board approves the purchase agreement, then the chair or vice-chair shall be authorized to sign all required closing documents, including the deed.

(Ord. No. 2015-14, § 1, 5-5-15)