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2004 Opinions

March 29, 2004
Nathan A. Adams, IV
(850) 245-0442
205-0442
04-02
None
Date:
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Suncom:
Opinion No.:
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Memorandum Opinion

To:

From:

Subject:
Fleta Stamen, College Attorney
Miami-Dade Community College
Daniel J. Woodring
General Counsel
Extraordinary Vote Requirement for Purchase of Real Property for Educational Purposes

Question Presented: What extraordinary vote is sufficient for a board to purchase for educational purposes real property priced above its average appraised value?

Short Answer: More than a majority vote of the full board is required to purchase for educational purposes real property priced above its average appraised value.

Discussion: Florida law requires a “board” to approve by “an extraordinary vote” purchase for educational purposes of real property priced above its average appraised value. § 1013.14(1)(b), Fla. Stat. (2003). The “board” referenced includes a district school board, a community college board of trustees, a university board of trustees, and the Board of Trustees for the Florida School for the Deaf and Blind. § 1013.01(3), Fla. Stat. (2003).

The plain text of Section 1013.14(1)(b), Florida Statutes, indicates that more than a majority vote of the full board, not of merely a quorum of the board, is essential to purchase for educational purposes real property priced above its average appraised value. A two-thirds vote of the board is associated with extraordinary vote requirements in other states. See, e.g., Washington Courte Condominium Association-Four v. Cosmopolitan National Bank, 523 N.E.2d 1245, 1247 (Ill.App. 1988).

Conclusion: Statutory law requires more than a majority vote of the full board to purchase for educational purposes real property priced above its average appraised value.

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