Hardee County commissioners weigh legal options after auction meets Rest Haven asking price amid H‑2A housing concerns

The Hardee County Board of County Commissioners was told March 6 that an online auction for the county-owned Rest Haven property met the commission’s minimum asking price, triggering debate among commissioners and public speakers over the prospect the site could be used for H‑2A farmworker housing.

County Manager Atchley told the board the auction broker, GovDeals, reports a bidder met the commission’s $799,000 asking price and the auction house considers the property sold. Atchley said the auction house’s process includes a 12.5% selling fee that the buyer must pay and that the county still must approve a resolution at a future regular meeting to complete the sale: “As far as the auction company is now concerned, as the broker ... they are under the opinion it is now sold,” Atchley said.

The county attorney, identified in the record as Sarah, cautioned the board that federal and state law limit local governments from excluding H‑2A farmworker housing. “We’re not allowed to, discriminate against H‑2A housing,” she said, explaining the county’s ability to block a use based on the nature of tenants is limited. Commissioners asked counsel to research legal options and return with guidance.

Why it matters: Commissioners and residents said the probable buyer’s intended use — as described during public comment and prior site visits — could change neighborhood character, affect property values and complicate the county’s land‑use goals. Several commissioners said they oppose H‑2A housing at the site and want staff and legal counsel to explore whether the sale can be declined or whether county zoning or other remedies exist.

Auction history and fees: Atchley reviewed the auction history to the board. Prior bids noted in the presentation included an early $275,000 offer that rose to roughly $278,000, later activity that reached about $500,000, and a final bidder who met the $799,000 asking price. Atchley told commissioners the auction company charges approximately 12.5% of the sale price; staff estimated that fee at about $96,000. The county manager said the auction house requires the buyer to pay through the broker and that closing still requires a commission resolution.

Commissioners’ positions and next steps: Commissioners expressed frustration that the public saw press coverage implying the sale was final. Commissioner Miller (identified in the meeting transcript as Commissioner Miller) said he objected to the building’s potential use for H‑2A housing: “I do not like the idea of that building being used as H‑2A housing,” he said. Commissioner Flores and others asked staff and counsel to identify legal avenues, including whether the county can reject the sale, pursue historic‑preservation tools, or enact zoning or moratorium steps that would withstand legal review. Commissioner Chancy asked staff to provide a countywide inventory of bridges and infrastructure as separate business but reiterated the need for legal analysis on Rest Haven.

Public comment: Multiple residents spoke during public comment. Rick Bateman urged commissioners to “deal with this issue” and said Hardee County should not be the default provider of housing for other counties’ labor forces. Wayne Gourley, a former Rest Haven board member, said local neglect contributed to the building’s deterioration and called the sale “a slap in the face.” Bob Menzel and property owner Dave Nickerson said the reported sale already affected their plans or perceptions of the area.

Legal and zoning context: County Attorney Sarah told the board that Florida law and federal regulations restrain local governments from denying housing for farmworkers when land‑use rules permit agricultural uses that allow such housing. Commissioners asked staff to return with legal analysis on whether the county is already contractually bound by the auction and options for preserving Rest Haven’s historic character.

Where it goes from here: The county manager told the board the auction company treats the sale as meeting the asking price but that the commission must still act at a regular meeting to approve the sale and initiate closing. Commissioners directed staff and counsel to research the auction terms, fees, and any legal remedies — including whether the county can reject the sale or pursue zoning or preservation tools — and to report back to the board.

Ending: The board did not take a final vote on the sale at the workshop. Commissioners agreed to have county legal staff and management examine the auction record and legal options and bring recommendations to a future meeting.