The 2023 Florida Statutes (including Special Session C)

Title XVIII
PUBLIC LANDS AND PROPERTY

Chapter 274
TANGIBLE PERSONAL PROPERTY OWNED BY LOCAL GOVERNMENTS

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F.S. 274.05

274.05 Surplus property.—A governmental unit shall have discretion to classify as surplus any of its property, which property is not otherwise lawfully disposed of, that is obsolete or the continued use of which is uneconomical or inefficient, or which serves no useful function. Within the reasonable exercise of its discretion and having consideration for the best interests of the county or district, the value and condition of property classified as surplus, and the probability of such property’s being desired by the prospective bidder or donee to whom offered, the governmental unit may offer surplus property to other governmental units in the county or district for sale or donation or may offer the property to private nonprofit agencies as defined in s. 273.01(3) by sale or donation. If the surplus property is offered for sale and no acceptable bid is received within a reasonable time, the governmental unit shall offer such property to such other governmental units or private nonprofit agencies as determined by the governmental units on the basis of the foregoing criteria. Such offer shall disclose the value and condition of the property. The best bid shall be accepted by the governmental unit offering such surplus property. The cost of transferring the property shall be paid by the governmental unit or the private nonprofit agency purchasing or receiving the donation of the surplus property.

History.—s. 5, ch. 59-163; s. 21, ch. 94-226; s. 6, ch. 96-209; s. 1, ch. 96-236.

F.S. 274.05 on Google Scholar

F.S. 274.05 on Casetext

Amendments to 274.05

Arrestable Offenses / Crimes under Fla. Stat. 274.05

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 274.05.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In JELINEK In JELINEK,, 153 B.R. 279 (Bankr. D.N.D. 1993)

. . . In the Leonard Jelinek case Brakke seeks final fees of $11,721.00 together with costs of $274.05 for . . .

STATE v. K. BROWN,, 412 So. 2d 426 (Fla. Dist. Ct. App. 1982)

. . . Section 274.06 provides an alternative procedure (to Section 274.05) for the disposition of surplus tangible . . .

S. Y. RHEE IMPORTERS, v. UNITED STATES,, 486 F.2d 1385 (C.C.P.A. 1973)

. . . alternate contention in the court below that the articles are dutiable as greeting cards under item 274.05 . . .

S. Y. v., 61 C.C.P.A. 2 (C.C.P.A. 1973)

. . . alternate contention in the court below that the articles are dutiable as greeting cards under item 274.05 . . .

S. Y. RHEE IMPORTERS v. UNITED STATES, 353 F. Supp. 880 (Cust. Ct. 1972)

. . . . * * * 274.05 With greeting, title, or other wording ..................... 12% ad val. * * * # s¡= SCHEDULE . . . However the tariff term “greeting cards” in TSUS item 274.05 is not intended to be a classification of . . . The claims under TSUS items 274.05 and 790.39 are overruled. . . .

S. Y. v., 69 Cust. Ct. 177 (Cust. Ct. 1972)

. . . toys in the tariff sense and are properly dutiable either at 12 per centum ad valorem under TSUS item 274.05 . . . finished or not finished, and with or without envelopes: 274.00 Without greeting, title, or other wording— 274.05 . . . However the tariff term “greeting cards” in TSUS item 274.05 is not intended to be a classification of . . . The claims under TSUS items 274.05 and 790.39 are overruled. Judgment will be entered accordingly. . . .

BALDWIN, v. LEWIS,, 442 F.2d 29 (7th Cir. 1971)

. . . have appealed to the Wisconsin Supreme Court to review the circuit court’s oi’der pursuant to Sec. 274.05 . . .

VOLENTINE AND LITTLETON, CONTRACTORS, A PARTNERSHIP, COMPOSED OF M. O. VOLENTINE AND EARL LITTLETON v. THE UNITED STATES, 144 Ct. Cl. 723 (Ct. Cl. 1959)

. . . the following: Small tools and repairs- $4 481. 04 Gas and oil_ 4,036.65 Rentals- 1,721.56 Supplies_ 274.05 . . .