Title: Opinion File 77-144 thru 77-148
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Permanent Link: http://ufdc.ufl.edu/WL00003513/00001
 Material Information
Title: Opinion File 77-144 thru 77-148
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 77-144 thru 77-148
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 65
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00003513
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

11677








June 21, 1977





Mr. Fritz Musselmann
Right Of Way Agent
Southwest Florida Water
Management District
5060 U.S. Highway 41 South
Brooksville, Florida 33512
Re: SWF Parcel No. 19-020-012

Dear Mr. Musselmann:
This letter is in response to your telephone request of
June 21, 1977 in which you asked for advice as to the
correct form of signature block for the Levy County
School Board in a proposed easement deed from the School
Board to the District. Specifically, you inquired as to
whether or not the signature of the chairman of the
School Board, together with the Secretary of the Board
or the superintendent of the Board would be sufficient.
It is my understanding from our telephone conversation
that the Levy County School Board is prepared to give the
District a perpetual easement for a monitor well site on
this parcel and that you are preparing the easement deed
and intend to deliver it to the School Board shortly for
execution.
I have been unable to discover a statute which addresses
your question specifically. However, as you know, the
general conveyancing statute, Section 689.01, Florida Statutes,
requires the signature of the "party conveying .
such interest (in the presence of two subscribing witnesses)".
If your title information shows that the School Board is the
owner of the subject parcel then the name of the grantor in
your easement deed should be as follows: "The School Board
of Levy County, Florida". In this regard title is being held
by the School Board as a body corporate. See Section 230.23(2),
Florida Statutes (1976), which raads as follows:







Mr. Fritz llusselnann June 21, 1977
two




"230.23 POWERS AND DUTIES OF SCHOOL BOARD. -

The School Board, acting as a Board, shall exercise
all powers and perform all duties listed below:

(2) CONTROL OF PROPERTY. Subject to regula-
tionsoof the State Board, retain possession
of all property to which title is now held
by the School Board and to obtain possession
of and accept and hold under proper title as
a body corporate by the name of "The School
Board of County, Florida," all
property which may at any time be acquired
by the School Board for educational purposes
in the District; manage and dispose of such
property to the best interests of education;
contract, sue, receive, purchase, acquire by
the institution of condemnation proceedings,
if necessary, lease, sell, hold, transmit,
and convey the title to real and personal
r property, all contracts to be based on resolu-
tions previously adopted and spread upon the
minutes of the School Board; ."

See also Section 235.04(1), Flooada Statutes (1975)
which reads as follows:

"235.04SDISPOSAL OF SCHOOL PROPERTY. -

(1) REAL PROPERTY. Subject to regulations of
the State Board, the School Board may dispose
of any school land or real property which is
by resolution of such School Board determined
to be unnecessary for school purposes either
because of location, condition, or other cause.
The School Board shall take diligent measures
to dispose of school property only in the best
interests of the school district."

In view of the foregoing, I am of the opinion that the District
would be well advised to request that the entire School Board
sign the easement deed on behalf of the School Board of Levy
County,Flvorida, each signing in the presence of two subscribing
witnesses. Signature blocks in the following form should be
sufficient:





71Jlqb


Mr. Fritz Muaselmann


June 21, 1977


three


Signed, Sealed, and
Delivered Before The
UndersAgned:


THE SCHOOL BOARD OF LEVY COUNTY,
FLORIDA


School Board Member


School Board Member


School Board Member


School Board Member


School Board Member


I would suggest
acknowledgement
STATE OFFLORIDA

COUNTY OF LEVY


as well that the following form be used for the
at the end of the easement deed:

)
)
)


The Foregoing instrument was acknowledged before me
this day of 1977, by
S and
the members of the Schuol Board of Levy County, Florida.


(SEAL)


Notary Public
Mv Commission Exoires:


--








Mr. Fritz Musselscann June 21, 1977
^ four




The only regulation which came to my attention in my
review of the regulations of the State Board of Education
is set forth in Section 6A-2.28, Florida Administrative
Code, a copy of which is enclosed for your information.
Under this rule the School Board is permitted to dispose
of any educational land or real property owned by it which
has bean declared by resolution of the School Board to be
unnecessary or unsuitable for educational purposes. The
School Board is permitted to dispose of the property by
means of a transfer to another governmental agency if the
School Board determines that the land or real property can
be effectively used by such governmental agency. Additional
provisions are set forth in the rule for public or private
sales of School Board land.
In view of the requirement of an authorizing resolution
in Section 6A-2.28, Florida Administrative Code, and
Section 235.04, Florida Statutes,(1975), I would suggest
as well that the District request the School Board to adopt
a resolution finding and determining that parcel 19-020-012
^ is unnecessary for educational or school purposes and that
further, the parcel can be effectively used by the Southwest
Florida Water Management District in furtherance of its
responsibilities under Chapter 373, Florida Statutes. The
resolution should be passed by the School Board in recordable
form so that it may be submitted to the Clerk's office in
Levy County together with the easement deed for recording
simultaneously.

You should be advised that I have checked with Mr. Crosby Few,
the attorney who represents the School Board of Hillsborough
County, Florida, and he has advised me that on similar instru-
ments the entire School Board of Hillsborough County signs the
instruments involved.

You should perhaps check with the School Board in Levy County
to find out the name of their attorney so that you might touch
bases with him before the easement deed is prepared. Should he
indicate that the Levy County School Board executes deeds of
conveyances in a different manner, I would appreciate it if
you would ask him to send our office a copy of such an instrument
for our review. .








Mr. Fritz Musselriann June 21, 1977
five





If we can be of further assistance, please advise.

Very truly yours,

/s/ THO~AS E. CO E

Thomas E. Cone, Jr.

TECjr/jf
Enc.

cc/w/enc: M. G. Gibbons




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