§ 2-143. Prohibition of sale or lease of county's interest in real property to governmental entities or not-for-profit corporations for less than appraised value  


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  • (a) Prohibition. The board of county commissioners, when acting in pursuance of the authority granted by F.S. § 125.38, shall not convey or lease its interest in any real property to another governmental entity or not-for-profit corporation or organization for less than the appraised value of the county's interest in such real property, except as otherwise exempted under this section.

    (b) Exemption for low and moderate income housing. Upon application and in accordance with the provisions of F.S. § 125.38, as amended, the county may convey, for such price, whether nominal or otherwise, as the board of county commissioners may fix, to the United States, or any department or agency thereof, the state, or any political subdivision or agency thereof, or any municipality of the state, or other not-for-profit corporation or organization which may be organized for the purpose of promoting community interest and welfare, any county-owned single-family or multifamily residence or any county-owned residential lot which could accommodate a single-family or multifamily residence which has become county-owned property from whatever source or means, for the purpose of providing, within the county, affordable housing to very low income, low income and moderate income persons, as defined by law. The board of county commissioners shall have the sole discretion to determine what residences or properties, if any, are of no governmental use to the county and are suitable for conveyance; the entity that will receive the property; and the conditions, if any, to be attached to the conveyance. Unless the conveyance of the single-family or the multifamily residence includes the conveyance of the real property upon which it is located, the board of county commissioners may provide, as a condition of the conveyance, the terms and conditions for the removal of the residence from the county-owned property by the recipient.

    (c) Application to property acquired by eminent domain. The authority granted pursuant to subsection (b) of this section shall not authorize the sale or lease of real property acquired by the exercise of the county's power of eminent domain or condemnation for less than the appraised value of the county's interest in such real property; provided, however, that the county may, on the condition that such structure shall be removed from such property, convey residential structures located on such real property in accordance with the provisions of subsection (b) of this section.

    (d) Exemption for governmental purposes or projects. The provisions of subsection (a) of this section shall not apply to the conveyance or lease of real property to the United States, or any department or agency thereof, the state or any political subdivision or agency thereof, or any municipality of the state, or to any not-for-profit corporation or association formed by or for the purpose of conducting the business of the governmental entities listed in this subsection, when such conveyance or lease is intended for any governmental purpose or project, which real property may be conveyed or leased in accordance with the provisions of F.S. § 125.38, as amended, at the board of county commissioners' sole discretion. This exemption includes, by way of illustration and not limitation, East Lake Fire and Rescue, Inc., organized for the purpose of providing fire prevention and firefighting services to a portion of the county, and the state department of health and rehabilitative services, which leases property from the county as part of a contractual arrangement to provide health services to the citizens of the county.

    (e) Existing leases to specific not-for-profit corporations. The existing leases between the county and Palm Harbor Day Care Center and Cross Bayou Little League, and Ridgecrest Day Care Center, Inc., formerly known as the Central Pinellas Preschool Health and Education Association, Inc., respectively, shall be excluded and exempt from the provisions of subsection (a) of this section, and the county may continue to lease or rent the property to the respective named lessees for the current uses and purposes only at a negotiated rental rate.

    (f) Properties escheating to the county. Properties which have in the past or will in the future escheat to the county shall be excluded and exempt from the provisions of subsection (a) of this section and the county may sell such escheated properties to municipalities gratis or at prices less than appraised value, for low income and moderate income housing described in subsection (b) of this section, gratis or at prices less than appraised value, or to one or more adjoining owners willing to acquire such property gratis or at prices less than appraised value, which prices are to be determined in the sole discretion of the board of county commissioners.

    (g) Exemption for uses benefitting public or community interest and welfare. The provisions of subsection (a) of this section shall not apply to the conveyance of certain houses, structures or other improvements which must be removed from county real property to the United States, or any department or agency thereof, the state or any political subdivision or agency thereof, or any municipality of the state, or to any not-for-profit corporation or organization which operates for the benefit of public or community interest and welfare, when such conveyance is intended for the furtherance of the public or community interest and welfare, which house, structure or improvement may be conveyed in accordance with the provisions of F.S. § 125.38, as amended, at the board of county commissioners' sole discretion. This exemption includes, by way of illustration and not limitation, houses which could be used for the United Way and clubhouse space for the Boy Scouts or the Girl Scouts.

(Ord. No. 90-90, § 1, 12-4-90; Ord. No. 92-13, § 1, 2-25-92; Ord. No. 98-13, § 1, 1-20-98)