Resolution 154-1974
RESOLUTION NO.154 ,-1974
WHEREAS, the Board of County Commissioners of Monroe County,
Florida has made the following determinations of fact:
1. Prior to May 5, 1971, Section 125,41, FLORIDA STATUTES,
read as follows:
See Exhibit "A" attached hereto,
2, Effective May 5, 1971, said section was repealed by
Chapter 71-14, LAWS OF FLORIDA, the so-called county limited home
rule law;
3. Paragraph (2) of Section 3, of said chapter provided
that:
The repeal of the foregoing sections of the
Florida statutes shall not be deemed to
repeal or limit the powers of the board of
county commissioners, but such be deemed to
continue and expand such powers and remove
certain limitations heretofore prescribed by
law,
4. Said Section 125,41 related to the method of execution
of deeds from a county or its board of county commissioners and the
interest conveyed by such deed and did not confer any powers upon the
county or its board of county commissioners;
5. The method of execution of deeds conveying land is
prescribed by general state law and cannot be altered by county
ordinance;
6. Section 197,271, FLORIDA STATUTES, is applicable only
to tax deeds issued by the Clerk of the Circuit Court and does not
pertain to the Board of County Commissioners or to the county in
general;
7. Since May 5, 1971, many county deeds were executed in
reliance upon the old Section 125.41; and
8. Section 125,41 should be readopted and deeds executed
pursuant to its provision in the interim should be validated;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COM-
MISSIONERS OF MONROE COUNTY, FLORIDA, that:
A. THE LEGISL~TURE OF THE STATE OF FLORIDA be and hereby
is requested to readopt Section 125.41, FLORIDA STATUTES, as it
existed prior to May 5, 1971.
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B, THE LEGISLATURE OF THE STATE OF FLORIDA be and hereby
is requested to adopt an act validating conveyances of land by
counties on or after May 5, 1971, which were executed in the manner
called for by said section;
C, Certified copies of this Resolution shall be sent by
the County Clerk to the President of the Florida Senate, the Speaker
of the Florida House of Representatives, to each member of the
legislative delegation from this county, and the State Association
of County Commissioners.
DATED December 10, 1974.
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EXHIBIT I' A"
125.41 Conveyance of land by county.-
(1) Deeds of eonveyance of lands, the title to
which is held by any county or in the name of its
board of county commissioners may be in sub-
stantially the following form:
THIS DEED, made this__day oL_--...---
19_. by __ County, Florida. party of
the first part, and _, party of the
second part,
WITNESSETH that the said party of the first
part, for 2nd in consider:ltion of the sum of
~ . to it in hand paid by the party of the
second par'"&o,'receipt whereof is hereby acknowl-
edged, has granted. bargained and sold to the
party of the second part. his heirs :l:r.d assigns
forever, the following described la.nd lying and
being in County, Florida.: '
IN WITNESS WHEREOF the said party of the
first part has caused these presents to be exe-
cuted in its name by its Board of County Com-
missioners acting by the Chairma.n or Vice-
Ch;;!.in!larl of s:lid Bon-rd. the day a.nd yS:lr :!.fore-
said. .
(OFFICIAL SEAL)
ATTEST: --.-........ '
Clerk (or Deputy Clerk)
Circuit Court
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By its Board of County Commissioners !
By _--.. .,. ,-----... ....- !
Its Chairman (or Vice-Chairmn.!l)
____ County, Florida
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(2) No such deed of conveyanc'!! sh:!.1t be re-
quired to be witnessed or acknowledged, but
shall be entitled to record when properlY exe-
cuted.
(3) All deeds of conve:rance by 2.ny county
or by its board of county commissioners sh:!.ll
convey only the interest of the county and such
board in the property covered thcrebj", and sh~n
not be deemed to warrant the title or to reure-
sent any state of facts concerning- the same.
nistorJ'.'-Ul. 2. 3. cb- 23331. un; 111. cb- ~5: 19;9.
cf._J197.710 Fore of co'-"'~1 ':ud.