Resolution 286-2021 RESOLUTION NO. 286 -2021
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
APPROVING THE TRANSFER OF $190,678.53 RECEIVED
IN FROM THE STATE OF FLORIDA IN DONALD DAVIS V.
MONROE COUNTY AND STATE OF FLORIDA, CASE NO.
04-CA-379-M TO THE MONROE COUNTY LAND
AUTHORITY.
WHEREAS, on February 15, 2017, Circuit Judge Mark Jones entered a Final Judgment in
favor of Plaintiff Donald Davis in the matter of Thomas F. Collins, Donald Davis, et al. v. Monroe
County and Stale of Florida in Circuit Court Case NO. 04-CA-379-M, against Monroe County
and State of Florida, jointly and severally liable, providing for compensation, and retaining
jurisdiction to determine any entitlement to attorneys' fees and costs; and
WHEREAS, on November 22, 2019, Monroe County individually paid into the court
registry $375,714.06, which was the total amount of Final Judgment as to liability and just
compensation,exclusive of attorney's fees and costs, together with statutory interest; and
WHEREAS, the Monroe County Land Authority deposited its funds in the amount of
$375,714.06 into the registry of the Court on behalf of the County; and
WHEREAS, on November 22, 2019, the Clerk of County Court issued a Satisfaction of
Judgment to the County;; and
WHEREAS, on August 19,2020, the Board of County Commissioners of Monroe County,
Florida passed Resolution No. 227-2020, approving a settlement and release agreement between
the County and State that resolved all claims between the parties in the Davis litigation, exclusive
of attorneys' fees and costs, and
WHEREAS, the State subsequently reimbursed the County $190,678.53 for its 50% share
of the Final Judgment that the County had previously paid on behalf of both the County and the
State; and
WHEREAS,the$190,678.53 is currently being held in account number 148-67504-530310-
00032; and
WHEREAS, the Board desires to repay the Monroe County Land Authority, which
represents fifty percent of the sum the Land Authority advanced on behalf of the County and the
State when satisfying the Judgment;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
1. The clerk is directed to transfer$190,678.53 from account 148-67504-530310-
00032 to the Monroe County Land Authority.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the I S"day of September 2021.
Mayor Michelle Coldiron Yes
Mayor Pro Tem David Rice Yes
Commissioner Craig Cates Yes
Commissioner Eddie Martinez Yes
Commissioner District V Vacant
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
BY:
Mayor Michelle Coldiron
(SEAL)
ATTEST: KEVIN MADOK,�CLERKL
By: �� ''` kill . �T'%r �itteE>
As puty Clerk
Approved as to form and legal sufficiency.
Robert B. o'rr.,nnydooer'BB,hilgeeo'Mon9ceCounty
BOCC,ow-Monroe County Attorney,
Shillinger Dare°2021023,173�a,On9V un,Y IL9ov.o= S
Monroe County Attorney
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