§ 2-133. Surplus lands ordinance.

(a)

Purpose and intent. In accordance with F.S. § 125.35(3), the purpose of this section is to set forth an alternative procedure applicable to the disposition of surplus real property owned by Pasco County. This section does not prohibit the board from disposing of surplus real property in accordance with the provisions of F.S. § 125.35(1) and (2) or any other statutorily prescribed method. The balance of statutory and local provisions applicable to the disposition of county-owned real property, remain unchanged by this section.

(b)

Applicability. This section is applicable to the disposition of county-owned real property declared surplus by the board of county commissioners.

(c)

Definitions.

Board means the Pasco County Board of County Commissioners.

County administrator means the county administrator of Pasco County or designee.

Surplus property means real property owned by the county that the Board has determined is no longer necessary to serve a public purpose.

(d)

Procedure.

(1)

Surplus land declaration.

a.

Discretionary act. Declaring county-owned real property as surplus property is a discretionary act of the board. It is not subject to appeal.

b.

Recommendation. The decision to declare county-owned real property as surplus will be based upon a recommendation from the facilities management department. This recommendation will be presented to the board on the board agenda and address the following factors:

1.

Any potential use of the parcel for a county purpose;

2.

Any potential use of the parcel by the district school board of Pasco County;

3.

Current zoning, site dimensions, etc.;

4.

Assessed value according to the county property appraiser;

5.

Any recommended conditions on the transfer of title (e.g. limitation of access or use, easements reserved by the county);

6.

Estimated costs associated with the disposition to be paid by the county, if any; and

7.

Proposed method of disposition.

(2)

Determining the method of the surplus lands sale.

a.

Alternatives. Florida Statutes provide a number of alternative methods for the disposition of county surplus property. These include:

1.

Public bid sale - F.S. § 125.35(1);

2.

Private sale to adjacent property owner(s) - F.S. § 125.35(2);

3.

Alternative disposition method authorized by statute - F.S. § 125.35(3);

4.

Conveyance to governmental entity or not-for-profit organization F.S. § 125.38; and

5.

Exchange of real property - F.S. § 125.37.

b.

Method selection. In absence of specific board direction, the county administrator has the sole discretion to recommend the method to be used in disposing of surplus county-owned land based on the applicable statute(s). Exercise of discretion will be based upon consideration of the following factors:

1.

Land value;

2.

Length of time the property has been in the surplus property inventory;

3.

Costs associated with the disposition;

4.

Benefit of the disposition to the county;

5.

Parties requesting the disposition;

6.

Previous attempts to dispose of the property using alternative methods; and

7.

Development potential of the subject parcel.

(3)

Public bid sale.

a.

Generally. The bid sale process is controlled by the provisions of F.S. § 125.35(1). This process generally results in the greatest disposition cost to the county. However. it offers a wide opportunity for potential bidders.

Surplus property shall mean real property owned by the county that the board has determined is no longer necessary to serve a public use.

b.

Request. Any person may request a sale of property by filing a written request with the facilities management department. The request must specifically identify the property and include a statement as to a bonafide intention to purchase the property. A bid sale may also be initiated by the county administrator based upon a review of the declared surplus property inventory.

c.

Surplus determination. If a person seeks to purchase a parcel not currently in the surplus property inventory, then a recommendation as to the appropriateness of declaring the parcel surplus may be sent to the board in accordance with subsection (d)(1) above. If the board declares the parcel surplus, then the request can proceed through the disposition process.

A request to purchase property already declared surplus by the board does not require additional board action until a sale and purchase agreement is executed by the potential buyer and the offer is presented to the board for the board's consideration.

d.

Notice. A notice calling for bids must be published in a newspaper of general circulation once a week for at least two weeks prior to the board approval of any sale and purchase agreement resulting from the bid sale process. The notice must indicate the parcel identification number of the subject property, where a bid package may be obtained, and the bid submittal deadline.

e.

Bid acceptance. All bids must comply with specifications in the bid package approved by the facilities management department and the purchasing department. Only bids meeting these specifications will be considered. Bids must be accompanied by the requisite deposit in the form of certified funds (e.g. cashier's check, certified check, or money order).

f.

Sale and purchase agreement. The board may enter into a real estate sale and purchase agreement with the highest acceptable bidder. However, the board has the right to accept or to reject any and all bids for any reason.

g.

Alternative disposition. If the initial bid sale is not successful, the county administrator may pursue an alternative disposition method.

(4)

Private sale to adjacent property owner(s).

a.

Generally. The private sale process is controlled by the provisions of F.S. § 125.35(2). A private sale is appropriate only after the county administrator determines that the surplus property is of value only to one or more adjacent property owners and the property meets one or more of the following criteria:

1.

The planning and development department has determined that the parcel is of insufficient size and shape to be issued a building permit (i.e. it is not a buildable lot under county regulations);

2.

The assessed value of the parcel is $15,000.00 or less, according to the county property appraiser; or

3.

The parcel can only reasonably be expected to be used by an adjacent property owner due to the size, shape, location, or value of the parcel, as determined by the planning and development department.

b.

Request. A person may request a private sale of property by submitting a written request to the facilities management department. The request must specifically identify the property and include a statement as to a bonafide intention to purchase the property. A private sale may also be initiated by the county administrator based upon a review of the surplus property inventory.

c.

Surplus determination. If a person seeks to purchase a parcel not currently in the surplus property inventory, then a recommendation as to the appropriateness of declaring the parcel surplus may be sent to the board in accordance with subsection (d)(1), above. If the board declares the parcel surplus, then the request may proceed though the disposition process.

A request to purchase property already declared surplus by the board does not require additional board action until a sale and purchase agreement is executed by the potential buyer and the offer is presented to the board for the board's consideration.

d.

Notice. A written notice of the intent to sell property under the private sale alternative must be sent to all adjacent property owners by certified U.S. Mail. The notice must inform the property owners about the property for sale, how to submit an offer to purchase the parcel, the required time frame for submittal of an offer, and what process will result if more than one property owner desires to purchase the parcel.

e.

Multiple offers to purchase. If two or more adjacent property owners notify the county of a desire to purchase the surplus parcel, then the county will solicit sealed bids from those property owners.

f.

Sale and purchase agreement. The board may enter into a sale and purchase agreement for the sale of the parcel with the highest acceptable bidder. However, the board has the right to reject any and all bids for any reason.

(5)

Alternative disposition method.

a.

Competitive negotiation.

1.

Authority and scope. This section is enacted under the authority of F.S. § 125.35(3), to prescribe additional disposition standards and procedures to be used by the county in selling, conveying, or leasing real property owned by the county for a term in excess of one year. Leasing (or otherwise providing for the use of real property) for a term of one year or less is not governed by this section. Regardless of the length of the term, concession agreements, license agreements, operating agreements, recreational facility use agreements or other agreements requiring the use of real property owned by the county but whose primary purpose is to provide services to the county or to the public are not governed by this article.

2.

Standards. The board may negotiate, approve and execute lease, sale, conveyance or other development agreements for real property owned by the county to be used by a private party in a manner directly benefiting the county or otherwise for a governmental or public purpose. In no event shall the uses permitted by any such lease, sale, conveyance or other development agreement violate the county's zoning regulations or comprehensive plan.

3.

Procedures.

A.

The following procedures shall apply to selected transactions relating to negotiated lease, sale, conveyance or other development agreements benefiting the county or otherwise for governmental or public purposes:

(1)

The selection of private parties for lease, sale, conveyance or other development agreements shall result from an open competitive process. Examples of competitive solicitations that comply with the terms of this section include, but are not limited to, invitations to negotiate, requests for proposals and requests for letters of interest.

(2)

Notice of each solicitation shall be published in a newspaper of general circulation in the county not less than ten calendar days prior to the date on which responses to the solicitation are due. The notice shall indicate how copies of the solicitation can be obtained or electronically accessed by interested parties and state the date and time responses will be opened.

(3)

The county will have the right to require additional information and interview any, all or none of the respondents. The interview format and content will be at the county's discretion. The county will have the right to conduct site visits of the respondents' facilities and/or of any current project(s) managed by the respondents.

(4)

Solicitation submittals will be reviewed and evaluated by the county to determine how the written responses and additional information address the county's needs and requirements, as stated in the solicitation. Evaluation criteria shall include, but not be limited to the following:

i.

The proposed use of the property, including such details as are required by the county administrator;

ii.

Respondent's ability to perform its obligations under the proposed lease, sale, conveyance or other development agreement;

iii.

The financial obligations, if any, to be borne by the county;

iv.

Respondent's past record of performance;

v.

Experience of the respondent and the respondent's team, if applicable; and

vi.

Recent, current and projected workloads of the respondent and the respondent's team.

Additional evaluation criteria may be included in each solicitation.

(5)

An evaluation committee may be established by the county administrator to review all responsive proposals submitted and make a recommendation as to which proposer(s) the county should enter in to negotiations with for the sale, conveyance or lease of the property.

(6)

Upon selection of a respondent or respondents by the county administrator a proposed lease, sale, conveyance or other development agreement will be negotiated by the county administrator or designee. Negotiations may include revisions to all terms and conditions submitted by the respondent. Each party shall be solely liable for all of its own attorney's fees, costs and other expenses in conjunction with negotiation and preparation of the lease, sale, conveyance or other development agreement. No legally binding obligations on the parties will be created, implied or inferred until a lease, sale, conveyance or other development agreement has been negotiated, approved by the board and executed by the parties.

(7)

When the proposed use of the property is the basis for selection of a respondent, the terms of the sale or lease shall include performance based conditions (such as a deed restriction, a land use restriction agreement, reverter clause and/or termination clause) to guarantee the performance of the respondent.

(8)

The county administrator will present the proposed lease, sale, conveyance or other development agreement to the board for consideration. The board may approve or reject the proposed lease, sale, conveyance or other development agreement in its sole and absolute discretion.

B.

Any public-private partnership agreement entered into prior to the effective date of this section, that resulted from a competitive process may be subsequently amended to include a negotiated leas, sale, conveyance or other development agreement without further solicitation, if the public purpose underlying such public-private partnership agreement is not affected thereby.

b.

Request. An immediate private sale may also be initiated by the county administrator based upon a review of the previously declared surplus property inventory as permitted by this section. Any person or legal entity may request an immediate private sale of surplus real property that has been previously listed for sale through a public bid sale without a successful buyer. A prospective buyer may submit a written request to the facilities management department with the following information included:

1.

Name of the person or legal entity interested in the property;

2.

The reason for acquiring the property;

3.

The parcel identification number and physical address, if known, of the property;

4.

A statement as to a bonafide intention to purchase the surplus property; and

5.

Any other information the applicant deems relevant.

A request to purchase surplus real property that has been previously listed for sale through a public bid sale without a successful buyer does not require additional board action until a sale and purchase agreement is executed by a potential buyer and the offer is presented to the board, for the board's consideration.

c.

Immediate private sale determination. If a person or legal entity seeks to purchase a surplus parcel that has been previously listed for sale through a public bid without a successful buyer, then the county administrator will determine the appropriateness of an immediate private sale.

d.

Negotiation of sale and purchase agreement. The county administrator will attempt to negotiate a sale and purchase agreement with the prospective buyer. All aspects of the real estate negotiation process are open for discussion, including an increase in the sale price of the property.

e.

Sale and purchase agreement. Once a sale and purchase agreement has been negotiated by the county administrator, the offer will be sent to the board for consideration. The board has the right to accept or to reject any and all offers for any reason.

(6)

Notice requirements.

a.

Surplus lands webpage. Real property available for sale may be listed on the Pasco County website at http://pascocountyfl.net . This website may include a listing of current surplus bid sales, pending public bid sales, upcoming public bid sales, surplus parcels available for immediate sale, and a list of county-owned properties that may be available for surplus sale. The forms and procedures applicable to purchasing surplus county-owned property are set forth on the webpage and are delineated in county policies and procedures. The facilities management department will update the information available on this webpage on an ongoing basis, but not less than once each quarter. Notices on potential sales of surplus property through the methods set forth in this section may also be posted on this website.

b.

Sign on the subject parcel. If a sign is posted on parcels for purchase, it will provide a contact telephone number to the Pasco County Purchasing Department for additional information regarding the property sale.

c.

Mailed notice to adjacent property owners. A notice mailed directly to the adjacent property owners may be provided in the context of a private sale or an alternative disposition method. This notice will contain information as to the pending sale and how to submit an offer.

d.

Notice to names on the surplus land sales mailing list. Persons on the surplus land sales mailing list may receive a courtesy notice as to an upcoming listing of a surplus land sale. This notice will be sent via e-mail to the address provided by the requesting party unless otherwise specifically requested by the person. This is a courtesy notice only and failure to send this notice will not constitute a defect in the sale procedure.

e.

Newspaper advertisement. Notice will be provided by newspaper advertisement when required by F.S. § 125.35.

(Ord. No. 17-25, §§ 2—6, 8-15-17; Ord. No. 18-16, § 15, 6-5-18)