HomeMy WebLinkAbout2026-013ORDINANCE NO. 2026- 013
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 106.01
(PURPOSE), SECTION 106.02 (AUTHORITY, PURPOSE, AND STANDARDS),
SECTION 106.03 (DECLARATION OF SURPLUS PROPERTY), SECTION
106.04 (METHODS OF DISPOSAL) AND SECTION 106.05 (NEGOTIATION
PROCEDURES) OF CHAPTER 106 (REAL PROPERTY DISPOSITION
PROCEDURES) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IN
ORDER TO ENABLE ADDITIONAL METHODS OF DISPOSITION; AND
PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF
CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE.
WHEREAS, Indian River County adopted a Chapter 106 of the Indian Rive County Code
of Ordinances to permit disposition of real property; and
WHEREAS, time has passed and an update to the code sections of Chapter 106 is
needed to better serve the county and its constituents in order to save taxpayer dollars;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. Enactment Authority.
Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad
home rule powers in counties to enact ordinances, not inconsistent with general or special law,
for the purpose of protecting the public health, safety and welfare of the residents of the county.
The Indian River County Board of County Commissioners specifically determines that the
enactment of this ordinance is necessary to protect the health, safety and welfare of the
residents of Indian River County.
Section 2. Amendment of Section 106.01 (Purpose), Section 106.02 (Authority, purpose,
and standards), Section 106.03 (Declaration of surplus property), Section 106.04
(Methods of disposal), and 106.05 (Negotiation procedures) of Chapter 106 (Real
Property Disposition Procedures).
New language indicated by underline, and deleted language indicated by strikethrough.
Section 106.01 (Purpose), Section 106.02 (Authority, purpose, and standards), Section 106.03
(Declaration of surplus property), Section 106.04 (Methods of disposal), and 106.05
(Negotiation procedures) of the Code of Indian River County, Florida are hereby amended to
read as follows:
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CHAPTER 106. REAL PROPERTY DISPOSITION PROCEDURES.
Section 106.01. Purpose.
This chapter is adopted for the purpose of setting forth the methods of disposition
of surplus county real property that is unbuildable, currently not in use for a county
purpose, or is surplus. The county administrator or his/her designee shall have the
option of utilizing the statutory methods of disposal, this chapter, or any combination
thereof.
Section 106.02. — Authority, purpose, and standards.
(a) This section is enacted under authority of F.S. 125.35, for the sale, leaseing, and
or donation of real property by the county when it is determined by the board to
be in the best interest of the county.
(b) Any of the procedures specified in this chapter may be used and applied, where
applicable, by the board for the competitive or non-competitive sale or lease of
any real property.
(c) At a minimum, any legal entity seeking to purchase available county real property
must be currently active, registered and in good standing with the Florida
Department of State. Other standards for competition and qualification for the
sale or lease of county real property are set forth in sections 106.03 through
106.05 below.
***
Section 106.03. Declaration of surplus, currently unusable, or unbuildable
property.
When the board finds that any real property owned by the county is unusable, or
not needed for county purposes, unbuildable, or usable for affordable housing, the board
may:
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Determine the property to be currently unusable by the county and the county's
best interest would be served by leasing the property through means of this
chapter;
Determine the property to be unbuildable, being of insufficient shape or size to
be issued a building permit; or
u Declare the property to be surplus and useable for affordable housing.
Section 106.04. Methods of disposal.
(a) When real property is declared surplus, currently unusable, or unbuildable,
the county administrator or his/her designee shall recommend to the board
a particular method of disposal as set forth in Florida Statutes or as set
forth in this section.
(b) As authorized in F.S. 125.35(3), the county may dispose of surplus,
currently unusable, or unbuildable real property through alternative
procedures outlined in this subsection:
1. Minimum base bid. The county may sell, transfer or corwey lease
real property through the minimum base bid procedures outlined in
this subsection.
a. A minimum base bid for the sale or lease of real property
may be determined using an appraisal obtained by the
county.
b. After determining the minimum base bid, as approved by the
board, the county shall advertise bids on the property. The
advertisement shall specify the minimum base bid and the
specific terms and conditions, if any, to be bid upon. All bids
shall be sealed and must contain a minimum of a ten -percent
cash deposit submitted on a certified or cashier's check.
c. Upon receipt of the sealed bids, the property shall be sold or
leased to the bidder submitting the highest, qualified,
responsive and best bid. The board reserves the right to
reject any bid, including the minimum base bid that is not
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reasonably close to the fair market value of the property at
the time bids are opened.
2. Negotiated sale or lease. The county may sell, transfer, convey or
lease real property through the negotiationed sale procedures
outlined in this subsection by the county administrator, the county
attorney, their designee, or through the use of a licensed real estate
broker or through a public auction house. If a licensed real estate
broker or public auction house is used the following procedures
shall apply: in the following manner:
a. A licensed real estate broker or public auction house
(including internet auction companies) shall be retained in
accordance with county policy to market or auction the real
property. Any contract for services shall, at a minimum, set
forth the amount of compensation due for services, the
length of notice/advertising time, and such other information
as deemed necessary by the county. administrator or
designee. The contract(s) shall be approved by the board,
unless permitted to be approved by the county administrator
or purchasing manager per county policy.
b. A licensed real estate broker shall bring any offer received
for purchase of listed surplus property to the county in the
form of a purchase agreement. County staff and county
attorney shall review the purchase agreement and if deemed
acceptable, the county administrator staff shall bring the
purchase agreement to the board for consideration.
c. Beforeo-r any real property dispositions is made through
public auction, the county shall establish a base reserve for
the property.
d. The county attorney will work with county staff and the real
estate broker or public auction house regarding any due
diligence for the lease/sale of any property.
3. Florida Department of Transportation Coordinated Sale or Lease.
The county may sell, transfer, convey or lease real property in
coordination with the Florida Department of Transportation for
County properties that are associated with a Florida Department of
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Transportation real estate transaction for properties involved in the
same Florida Department of Transportation project.
4. Request for proposals. The county may sell, transfer, or convey or
lease real property through the request for proposals (RFP) process
in the following manner. If the sale or lease of the property was
initiated in response to an unsolicited offer by a prospective
purchaser/lessee then the offeror may submit a proposal. If no other
proposal is received after advertisement, the original proposal shall
be accepted, unless the original offer was deemed unacceptable
and rejected before issuing the RFP. The county reserves the right
to reject any RFP in which the proposed sale or lease amount is not
reasonably close to the fair market value of the property at the time
RFPs are considered by the board.
(c) As authorized in F.S. 274.05 and F.S. 125.379, the county may dispose of
surplus property via donation for affordable housing.
Pursuant to F.S. 274.05, the board can make the determination that
it is in the best interest of the county that a piece or pieces of real
surplus property may be donated to a nonprofit agency for
affordable housing.
2. Pursuant to F.S. 125.379, starting October 1, 2023, and every three
(3) years thereafter, the county shall prepare an inventory list of all
real property within its jurisdiction that is appropriate for affordable
housing. This list shall include the address, legal description of each
property and specify whether the property is vacant or improved.
The list must be reviewed and may be reviewed at a public hearing
by the board. The list shall be publicly available on the county
website. The properties on the inventory list may be disposed of via
methods described in F.S. 125.379, including donation to a
nonprofit housing organization for the construction of permanent
affordable housing.
Section 106.05. Negotiation procedures.
(a) In determining the terms and conditions of the disposal via sale or lease
of real surplus property, the county administrator, the county attorney, or
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their designee shall, at a minimum, take into consideration the following
factors:
The appraised value of the real property;
2. Any prior county liens on the property, if applicable;
3. The condition of the real property, and the extent to which the party
seeking to acquire the property will have to expend funds to make
the property usable, rezoning issues excluded, or, to bring the
property into compliance with the County Code, if necessary;
4. The proposed use by the party seeking to acquire the property, if
applicable; and
5. The proposed use of the property for affordable housing.
(b) In no event shall the disposition of real su-s property violate the county
comprehensive plan or the zoning regulations of the county.
Section 3. Codification. It is the intention of the Board of County Commissioners that the
provision of this ordinance shall become and be made part of the Indian River County Code,
and that the sections of this ordinance may be renumbered or re -lettered and the word
ordinance may be changed to section, article or such other appropriate word or phrase in order
to accomplish such intention.
Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional
by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by
such holding and shall remain in full force and effect.
Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board
of County Commissioners and filing with the Department of State.
This ordinance was advertised in the Indian River Press Journal on the 7th day of August 2026,
for a public hearing to be held on the 18th day of August, 2026, at which time it was moved for
adoption by Commissioner S= x1 , seconded by Commissioner Jose h E. FtPhr,
and adopted by the following vote:
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ORDINANCE NO. 2026- 013
Chairman Deryl Loar
AYE
Vice Chairman Laura Moss
AYE
Commissioner Susan Adams
AYE
Commissioner Joseph E. Flescher
AYE
Commissioner Joseph H. Earman
AYE
The Chairman thereupon declared the ordinance duly passed and adopted this 18th day of
August, 2026.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNT -W: ORI, A✓. \
By:
Deryl Loar, Chairman. c• :o?
ATTEST: Ryan L. Butler, Clerk `?9��ERcouN'
and Comptroller
By:
Deputy Clerk
Approved as to form and
legal suffici ncy:
By
usan J. rado, eputy County Attorney
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the OM day of
August, 2026.
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