When businesses open in a new area, they frequently try to get as many incentives as possible from the local government. Conversely, many local governments try to offer as many incentives as possible in order to attract or retain new businesses. Florida’s Third District Court of Appeals recently opened up whole new possibilities for Florida-county-level business incentives in Matheson v. Miami-Dade Cnty., No. 3D17-2649, -- So. 3d -- (Fla. 3d DCA Oct. 10, 2018).
Under section 125.35, Fla. Stat., Florida counties are generally required to use competitive bidding for all sales of county-owned land to private parties. However, another statute section 125.045, Fla. Stat., authorizes counties to convey real property to private businesses in order to attract new businesses or retain existing businesses. Until Matheson, it was not clear whether or not conveyances made under section 125.045 are exempt from the requirements of section 125.35. However, in Matheson the Third District ruled that they are, emphasizing language in section 125.045(5)(a) which requires counties to report any “below-market rate leases or deeds for real property” that are part of an economic incentive package to the State’s Office of Economic and Demographic Research so that they can be included in an annual report to the Legislature.
It would be a best practice for the County to justify the application of the exemption from conducting a competitive procurement by including a statement in the record explaining why conveying real property to a private business will help attract or retain that business.
- Apparently, You Can’t Have “Too Much” Competition: Florida’s First District Court of Appeals Holds “Multiple Award Procurement” Winner Cannot Protest Awards to Others
- Bidding Smarter in Florida: Knowledge is Power – The Public Records Act
- Risky Business: Florida’s Government Contractors Should Make Sure Their Contract Modifications Are Valid (a/k/a Don’t Inadvertently Donate Millions of Dollars’ Worth of Work to the Government)
- Bidding Smarter in Florida: “Alternate” Bids and Proposals are a Good Thing.
- Rock the Boat, Baby – They’ll Get Over It. Contractors Should Use the Q&A Process Strategically and Seriously Consider Spec Challenges.
- Defend Yourself! Contract Awardees Should Intervene In Bid Protests.
- I Would Have Bid on That! Challenging Out of Scope Modifications to Existing Government Contracts
- Buy Low! Businesses Need Not Bid On County-Owned Lands in Florida
- In Florida Bid Protests, Courts Don’t Second Guess the Government – Except When They Do
- That’s Blackmail! Why the Government Cannot Terminate a Contractor for Refusing to Settle a Dispute on Its Terms
- Florida Government Contracts
- Florida Bid Protests
- Government Contracts
- Proposal Writing
- Public Bidding
- Public Contracts
- Grant Writing
- Bid Protest
- Florida Public Contracts
- Florida Administrative Law
- Public procurement
- Government Contracting
- Florida Procurement
- Federal Government Contracting
- Bid Writing
- Florida Bidding Strategies
- Florida Public Procurement
- Request for Proposal
- Florida County Lands
- Florida Economic Incentive Packages
- Assignment of Contract
- Assignment of Proceeds
- State Government Contracts
- Federal Supply Schedule
- Florida Public Records Law
- Government Vendor
- Public Private Partnership
- Small Business
- Socio-Economic Programs
- Sunshine Law
- Veteran Owned Business