Item N14Meeting Date: March 19, 2008 - MAR Division: County Attorney
q
Bulk Item: Yes No XX Staff Contact Person: Christine Limbert-Barrows
AGENDA ITEM WORDING:
Approval of a Resolution authorizing the Board to designate fee appraisers to establish the value of
identified County -owned real property being considered for possible sale, establishing the
qualifications required for fee appraiser designation and defining allowable usage of fee appraiser
services by County staff or potential purchasers.
ITEM BACKGROUND:
F. S. 125.35 authorizes the use of Board designated fee appraisers to determine the value of identified
real property being considered for possible sale. F.S. 125.35(2) authorizes the sale of County -owned
real property which is of insufficient size and shape to be issued a building permit or when the parcel
of real property is valued at $15,000 or less and F.S. 125.35(1)(a) authorizes the sale of larger parcels
of property identified by the Board or by a property review committee convened at the Board's
direction to review and evaluate potential best uses of County -owned real estate. This resolution_
requires appraisers meet the certification and licensure qualifications as set forth in F. S. 475.612 to
qualify for fee appraiser designation by the Board and also defines allowable usage of fee appraiser
services by County staff or potential purchasers. The usage of Board designated fee appraisers would
aid in facilitating an expedited sale of identified County -owned properties.
PREVIOUS RELEVANT BOCC ACTION:
NIA
CONTRACT/AGREEMENT CHANGES:
NIA
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: NIA BUDGETED: Yes No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes No
SOURCE OF FUNDS:
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required _
DISPOSITION: AGENDA ITEM #
3
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, TO DESIGNATE FEE APPRAISERS
PURSUANT TO FLORIDA STATUTES 125.35
WHEREAS, it is anticipated that the County Administrator will from time to
time convene a property review committee to review and evaluate potential uses of
county owned real estate; and
WHEREAS, the Board of County Commissioners may determine that it is in the
best interest of Monroe County to sell real property that it no longer needs; and
WHEREAS, pursuant to Florida Statutes 125.35(2), the Board of County
Commissioners is authorized to sell real property which is of insufficient size and shape
to be issued a building permit or when the parcel of real property is valued at $15,000 or
less; such value is determined by a fee appraiser designated by the Board of County
Commissioners or Monroe County property appraiser; and
WHEREAS, fee appraisers services may be necessary at the request of County
staff or a potential purchaser in order to evaluate sale prices and purchase offers of small
parcels under F.S. 125.35(2), larger parcels of property under F.S. 125.35(1)(a) or parcels
of property provided by the property review committee for possible sale; and
WHEREAS, it is to the County's benefit to designate fee appraisers and set forth
qualifications and ensure that fee appraisers are certified or licensed as an appraiser
pursuant to F. S. 475.612; and
NOW THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Monroe County:
Section 1. It is necessary to designate fee appraisers in order to facilitate the sale of
real property by the Board of County Commissioners.
Section 2. Services of fee appraisers may be used by County staff or potential
purchasers of County property if they meet the following qualifications;
a. Fee appraisers shall be licensed or certified pursuant to F.S. 475.612, and
comply with all state laws and regulations set forth by the Florida Real
Estate Appraisal Board.
b. Fee appraisers shall have no vested or fiduciary interest in such property.
c. Fee appraisers shall operate and have their principal place of business in
Monroe County.
d. Fee appraisers shall be properly licensed or certified to appraise the type
of property that is the subject of the appraisal.
Section 3. Fee appraisers with a certification of "certified general appraiser" by the
Department of Business and Professional Regulation are preferred when the type of
real property is not easily determined as such certification qualifies appraisers to issue
appraisal reports for any type of real property.
Section 4. The fee appraiser must provide an affidavit stating compliance with the
above stated requirements at the time of submission of the appraisal.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a meeting of said Board held on the 19P day of March, 2008.
Mayor Charles "Sonny" McCoy
Mayor Pro Terms Mario DiGennaro
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Dixie Spehar
.BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(Seal)
Attest: DANNY L. KOI, GE, Clerk By:
Mayor Charles "Sonny" McCoy
By:
Deputy Clerk
MONROE COUNTY ATTORNEY
Statutes & Constitution :View Statutes :->2007->Ch0125->Section 35 : Online Sunshine Page 1 of 2
Select Year: 2007 Go
rfbe 2007 Florida Statutes
Title XI Chapter 125
COUNTY ORGANIZATION AND INTERGOVERNMENTAL COUNTY
T�I�itiil�6�
GOVERNMENT
View Entire
Chanter
125.35 County authorized to sell real and personal property and to lease real property.--
(1)(a) The board of county commissioners is expressly authorized to sell and convey any real or personal
property, and to lease real property, belonging to the county, whenever the board determines that it is
to the best interest of the county to do so, to the highest and best bidder for the particular use the
board deems to be the highest and best, for such length of term and such conditions as the governing
body may in its discretion determine.
(b) Notwithstanding the provisions of paragraph (a), the board of county commissioners is expressly
authorized to:
1. Negotiate the lease of an airport or seaport facility;
2. Modify or extend an existing lease of real property for an additional term not to exceed 25 years,
where the improved value of the lease has an appraised value in excess of $20 million; or
3. Lease a professional sports franchise facility financed by revenues received pursuant to s. 125.0104
or s. 212.20;
under such terms and conditions as negotiated by the board.
(c) No sale of any real property shalt be made unless notice thereof is published once a weep for at
Least 2 weeks in some newspaper of general circulation published in the county, calling for bids for the
purchase of the real estate so advertised to be sold. 1n the case of a sale, the bid of the highest bidder
complying with the terms and conditions set forth in such notice shalt be accepted, unless the board of
county commissioners rejects all bids because they are too low. The board of county commissioners may
require a deposit to be made or a surety bond to be given, in such form or in such amount as the board
determines, with each bid submitted.
(2) When the board of county commissioners finds that a parcel of real property is of insufficient size
and shape to be issued a building permit for any type of development to be constructed on the property
or when the board of county commissioners finds that the value of a parcel of real property is $15,000 or
Less, as determined by a fee appraiser designated by the board or as determined by the county property
appraiser, and when, due to the size, shape, location, and value of the parcet, it is determined by the
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Statutes & Constitution Niew Statutes :->2007->Ch0125->Section 35 : Online Sunshine Page 2 of 2
board that the parcel is of use only to one or more adjacent property owners, the board may effect a
private sale of the parcel. The board may, after sending notice of its intended action to owners of
adjacent property by certified mail, effect a sale and conveyance of the parcel at private sale without
receiving bids or publishing notice; however, if, within 10 working days after receiving such mailed
notice, two or more owners of adjacent property notify the board of their desire to purchase the parcel,
the board shalt accept sealed bids for the parcel from such property owners and may convey such parcel
to the highest bidder or may reject all offers.
(3) As an alternative to subsections (1) and (2), the board of county commissioners may by ordinance
prescribe disposition standards and procedures to be used by the county in selling and conveying any
real or personal property and in leasing real property owned by the county. The standards and
procedures must provide at a minimum for:
(a) Establishment of competition and qualification standards upon which disposition will be determined.
(b) Reasonable public notice of the intent to consider disposition of county property and the availability
of copies of the standards. Reasonableness of the notice is to be determined by the efficacy and
efficiency of the means of communication used.
(c) Identification of the form and manner by which an interested person may acquire county property.
(d) Types of negotiation procedures applicable to the selection of a person to whom county properties
may be disposed.
(e) The manner in which interested persons will be notified of the board's intent to consider final action
at a regular meeting of the board on the disposition of a property and the time and manner for making
objections.
(f) Adherence in the disposition of real property to the governing comprehensive plan and zoning
ordinances.
History.--s. 1, ch. 23829, 1947; s. 1, ch. 70-388; s. 1, ch. 77-475; s. 1, ch. 81-87; s. 1, ch. 83-100; s. 1,
ch. 86-105; s. 2, ch. 89-103; s. 2, ch. 95-416; ss. 1, 2, ch. 99-190; s. 1, ch. 2001-252; ss. 56, 79, ch.
2002-402.
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Statutes & Constitution :View Statutes :->2007->Ch0475->Section 612 : Online Sunshine Page 1 of 1
475.612 Certification, licensure, or registration required.--
(1) A person may not use tfie title "certified real estate appraiser," "licensed real estate appraiser," or
"registered trainee real estate appraiser," or any abbreviation or words to that effect, or issue an
appraisal report, unless such person is certified, licensed, or registered by the department under this
part. However, the work upon which an appraisal report is based may be performed by a person who is
not a certified or licensed appraiser or registered trainee appraiser if the work is supervised and
approved, and the report is signed, by a certified or licensed appraiser who has full responsibility for all
requirements of the report and valuation service. Only a certified or licensed appraiser may issue an
appraisal report and receive direct compensation for providing valuation services for the appraisal
report. A registered trainee appraiser may only receive compensation for appraisal services from her or
his authorized certified or licensed appraiser.
(2) This section does not preclude a Florida licensed real estate broker, sales associate, or broker
associate who is not a Florida certified or licensed real estate appraiser from providing valuation
services for compensation. Such persons may continue to provide valuation services for compensation so
long as they do not represent themselves as certified, licensed, or registered under this part.
(3) This section does not apply to a real estate broker or sales associate who, in the ordinary course of
business, performs a comparative market analysis, gives a price opinion, or gives an opinion of the value
of real estate. However, in no event may this comparative market analysis, price opinion, or opinion of
value of real estate be referred to or construed as an appraisal.
(4) This section does not prevent any state court or administrative law judge from certifying as an
expert witness in any legal or administrative proceeding an appraiser who is not certified, licensed, or
registered; nor does it prevent any appraiser from testifying, with respect to the results of an appraisal.
(5) This section does not apply to any full-time graduate student who is enrolled in a degree program in
appraising at a college or university in this state, if the student is acting under the direct supervision of
a certified or licensed appraiser and is engaged only in appraisal activities related to the approved
degree program. Any appraisal report by the student must be issued in the name of the supervising
individual who is responsible for the report's content.
(6) This section does not apply to any employee of a local, state, or federal agency who performs
appraisal services within the scope of her or his employment. However, this exemption does not apply
where any local, state, or federal agency requires an employee to be registered, licensed, or certified
to perform appraisal services.
History.--ss. 9, 11, ch. 91-89; s. 4, ch. 91-429; s. 224, ch. 96-410; s. 1119, ch. 97-103; s. 21, ch. 98-250;
s. 3, ch. 2000-198; ss. 4, 50, ch. 2003-164; s. 2, ch. 2006-198.
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