The School Board of Escambia County

215 West Garden Street

Pensacola, Florida 32502
Telephone: (850)469-6362 / Facsimile (850)469-6303

Jeff Bergosh, Vice Chair Patricia Hightower

District 1 District 4

Gerald Boone, Chair Bill Slayton

District 2 District 5

Linda Moultrie Donna Sessions Waters

District 3 General Counsel

MEMORANDUM

TO: Jeff Bergosh

FROM: Donna Sessions Waters

RE: Contracts for Sale of Surplus Real Property

DATE: December 7, 2009

You asked whether the School Board may amend a contract for sale of surplus real property to change the
selling price or other terms, specifically in relation to the proposed sale of district property to the
Friendship Missionary Baptist Church, led by Rev. LuTimothy May.

Chapter 1001, Florida Statutes, sets forth the various duties and powers of the School Board and the
Superintendent of Schools. § 1001.51(4), F.S. states that one of the duties of the Superintendent is to
“act for the district school board as custodian of school property”, while § 1001.49(2) states that the
Superintendent has the power to give advice and counsel to the School Board and to “recommend to the
district school board for action such matters as should be acted upon.”

In comparison, §1001.41(4) states that it is the district school board which has the power to enter into
contracts on behalf of the school system, and §1001.42(2) places the power and duty to control and
convey real property within the purview of the School Board.

There are no cases interpreting the operation of these statutes. However, based on the language of the
applicable statutes, it is my opinion that the Superintendent has the power and duty to serve as custodian
of district property and to recommend the sale of property to the Board for its action. It is the Board
which enters into the contract and actually conveys the property. Therefore, it is within the Board’s
authority to change any of the terms of the contract for sale as the Board finds appropriate. This would,
as a practical matter, usually be done by amendment of the motion to adopt the contract recommended by
the Superintendent.

Please let me know if you need any further information.

Cc: Linda West, Coordinator of Board Affairs