Administrative Regulation 8.03-2

1. A Department, Division or Office shall make a written request, which must be signed by the Department Director and forwarded, to the Director of Engineering through the chain of command.
2. All acquisition action requires the Board of County Commissioners' approval.
3. If a survey/title search is necessary, Land Section will conduct or contract for the necessary research and/or work products.
4. An Expenditure Account number must be provided with all requests.
5. The Land Section shall prepare an Agenda Request and submit to the County Attorney for the Board of County Commissioners to formally accept and authorize recording of a deed and place an acceptance seal on the document. 

1. Annually, the Department of Public Works will prepare a list of surplus properties for review and approval by the Board of County Land Section will verify with all departments that the properties are not necessary to fulfill requirements of the Comprehensive Plan, Facilities Plan or other Master Space Plan. The list will be divided into two categories: those properties that have a reasonable potential for public sale and those properties that have a low potential for sale and are recommended by staff for possible donation to not-for-profits. The Board shall add, delete, and modify categories of properties as they see fit.
2. Florida Statutes shall control whether adjacent property owners will have the first option to purchase the parcel.
3. Florida Statutes shall also control whether an appraisal will be required.
4. For those properties approved by the Board for public purchase only:

1. 1. The Board of County Commissioners will determine if the property is to be sold by the bid process, or by another procedure established by local ordinance.
   2. Any public land offering shall establish a minimum bid threshold based on the appraised value as reflected in the current Property Appraiser’s Only offers of at least 75% of the Property Appraiser’s appraised value or higher will be placed on the Board agenda for consideration.
   3. If the Board determines the bid process should be implemented, a bid package will be prepared.
   4. A successful bidder shall receive a Statutory "Deed of Conveyance" approved by the Board of County Commissioners. A marketable title will not be guaranteed.

E.   For those properties approved as eligible for donation to Not-for-Profits:

1. 1. Properties shown on the annual list of surplus properties shall be eligible for acquisition by qualified non-profit agencies for the purposes of promoting community interest and welfare.
   2. A request for donation of a specific parcel must be made to the Land Section of the Engineering Division by a non-profit agency interested in acquiring County property. The request should outline the proposed public purpose use of the property as it relates to the not-for-profit’s business activities, submitted on official letterhead, and signed by the agent/officer qualified to accept real property.
   3. Florida Statutes shall control whether adjacent property owners will have the first option to purchase the parcel.
   4. Florida Statutes shall also control whether an appraisal will be required.
   5. Florida Statute 125.38, or its successor, shall control non-profit agency requests for property.
   6. The non-profit agency shall provide proof of their corporate status as a 501(c)3 or 501(c)4 as defined in IRS Publication 557. The Land Section will verify non-profit status.
   7. If a request is received from a qualifying non-profit agency, the Board of County Commissioners reserves the right to transfer the property to that agency through either sale (including sale at a reduced value) or donation, provided that such action is in compliance with applicable Florida Statutes.
   8. Once a request is received and validated from a legitimate not-for-profit agency, it will be posted on the Land Section website and publicly in the lobby of the Lecanto Government Building for seven (7) calendar days giving other not-for-profits an opportunity to request the same property.
   9. In the event that requests are received from two (2) or more not-for-profit agencies for the same parcel, sufficient additional information may be requested for presentation to the Board of County. The Board shall make the final decision as to which agency receives the donation. Consideration shall be given to items such as; proposed use, benefit to the general public, community support, proximity to the core function of the agency, and agencies that are currently housed in the facility to be donated.
   10. Requests for donation of property to not-for-profits is limited to ten (10) conveyances per year.
   11. Prior to transfer to not-for-profits following this section, the Board of County Commissioners must duly adopt a resolution finding that the transfer is for public or community interest and Consideration shall include the proposed purpose for which the property will be used. The resolution shall include the proposed price or that it is a donation. No advertisement shall be required.
   12. A successful bidder shall receive a Statutory “Deed of Conveyance” approved by the Board of County A marketable title will not be guaranteed. The Board of County Commissioners reserves the right to determine whether a reverter clause is required.

FOOTNOTES & REFERENCES RELATED TO AR's: Supersedes AR 8.03 dated May 25, 1999, Supersedes AR 8.03-1 dated July 27, 2010