Resolution 030-2008
RESOLUTION NO. 030 -2008
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA RAISING
THE RATE FOR ATTORNEY'S FEES SOUGHT BY THE
COUNTY ATTORNEY'S OFFICE UNDER SECTION 2-365 OF
THE MONROE COUNTY CODE.
WHEREAS, attorneys in the County Attorney's office routinely litigate cases on
behalf of the County which often result in the County being entitled to attorney's fees;
and
WHEREAS, the Office of the County Attorney is authorized by Section 2-365 of
the Monroe County Code to seek attorneys fees in certain matters; and
WHEREAS, Section 2-365 of the Monroe County Code requires the Board to set
by resolution the basic hourly rates for services rendered by the County Attorney's office;
and
WHEREAS, controlling case law in Florida authorizes government entities such
as the County to seek reimbursement for the services of staff attorneys at the reasonable
prevailing rate in the community even if that amount exceeds the cost of the particular
staff attorney's compensation package (salary plus benefits); see, Computer Task Group.
Inc. v. Palm Beach County. 782 So.2d 942 Fla. 4th DCA 2001); Leibowitz v. City of
Miami Beach. 683 So.2d 204 (Fla. 3d DCA 1996); and City of Boca Raton v. Faith
Baptist Church. 423 SO.2d 1021 (Fla. 4th DCA 1982); and
WHEREAS, since the Board last set the hourly rate for the County Attorney's
office in Resolution 135-2005 on April 20, 2005, the County has been forced by the
deteriorating condition of the Courthouse Annex building to relocate the County
Attorney's office from that County owned building to a commercial office building
which has resulted in an increase in the cost to operate the County Attorney's Office; and
WHEREAS, it is appropriate to charge a premium rate for the services of
attorneys. who have been certified by the Florida Bar as specialists in City, County, and
local government or some other area of law; and
WHEREAS, the Board finds that it has been presented with substantial,
competent evidence that the rate of two hundred fifty dollars ($250.00) per hour falls
within the range of reasonable attorney's fees charged by attorneys practicing in Monroe
County possessing similar skill, experience, reputation, and competence of those
attorneys working in the County Attorney's Office; and the Board further finds that the
rate of three hundred dollars ($300.00) per hour falls within the rate of reasonable
attorney's fees charged by Board Certified attorneys who practice law in Monroe County;
1
NOW THEREFORE; BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
1. Resolution 135-2005 is hereby rescinded effective the date this resolution
is adopted. Any worked performed prior to the date of adoption of this
resolution shall be billed at $200.00 per hour;
2. Except as provided in Paragraph 3, the hourly rate for attorney's fees
sought by the Office of the County Attorney for work performed after the
date of adoption of this resolution shall be two hundred fifty dollars
($250.00) per hour;
3. The hourly rate for attorney's fees sought by the Office of the County
Attorney shall be three hundred ($300.00) per hour if the staff attorney
performing the service is board certified by the Florida Bar at the time the
service is performed.
4. This rate may be adjusted by a subsequent vote of the Board after a public
hearing.
PASSED AND ADOPTED by the Board of County Commissioners of MonrRS
County, Florida at a regular meeting held on the 16th day of January, A.D., ~08~ ~
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Mayor Charles "Sonny" McCoy
Mayor Pro Tern Mario Di Gennaro
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Dixie Spehar
Yes
Yes
Yes
Yes
Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE TY, FLORIDA
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~~D~OHL~'CLERK
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BY:
Mayor Ch es "Sonny" McCoy
NTY All GANEY
AM:
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AFFIDAVIT OF SHAWN D. SMITH
Before me personally appeared Shawn D. Smith who upon being duly sworn, affirmed
under thE' penalties of perjury that the following facts are true:
1. I am an attorney currently licensed to practice law in the State of Florida and
have be"n practicing since 1998.
:~. I recently had a private civil practice predominantly serving the Key West and
lower Keys community in Monroe County, Florida. I am presently employed as the clly attorney
for the City of Key West and continue to engage in cMllitigatlon matters and handle agreements
with outs,lde litigation counsel retained by the City.
:1. I am not employed by nor do I represent Monroe County In any capacity.
4. I am familiar with the levels of experience, skill, and competence as well as the
reputation of attorney's practicing in the Monroe County Attorney's office.
15. I am familiar with the prevailing rates charged by local attorneys with similar
experience, skill, competence, and reputation.
'6. In my opinion, the hourly rate of two hundred fifty dollars per hour ($250.00) Is
well within the range of the prevailing rates charged by attorneys with similar experience, skill,
competE,nce, and reputation who are practicing in Monroe County, Florida
7. In rny opinion, the hourly rate of two hundred fifty dollars per hour ($250.00)
would bl9 a minimum reasonable rate to charge for legal services rendered by the Monroe County
Attorne~'s office.
8. In my opinion, the hourly rate 01 three hundred dollars per hour ($300.00) would
be a minimum reasonable rate to charge for legal services rend$red by any attorney employed by
the County Attorney's Office who is Board Certified by the Florida Bar.
9. In my opinion, the hourly rate of one hundred dollars per hour ($100.00) Is within
the ran"e 01 the prevailing rates charged by attorneys for work performed by paralegals working
under their supervision wllhin in Monroe County.
10. In my opinion, the hourly rate of one hundred dollars per hour ($100.00) would be
a reasoMble rate to charge for work performed by a paralegal under the supervision of the
attornej'9 In the County Attorney's Office.
Affiant Further Sayeth Naught.
Dated tl11s 26th day of December 2007
~
Gawn D. Smith
138754
The foregoing instrument was sworn to and acknowledged before me this 26th day of
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.. . EXl'IRES:OdOberS,2011 State of Florida
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AFFIDAVIT OF DAVID P. KIRWAN. ATTORNEY AT LAW
Before me personally appeared DAVID P. KIRWAN, who upon being duly sworn,
affirmed under the penalties of perjury that the following facts are true:
1 . I am an attorney currently Iioensed to practice law in the State of Florida and
have been practicing since 1973.
2.
Florida.
I have a private civil practice predominanUy serving In Marathon, Monroe County,
3.
I am not employed by nor do I represent Monroe County in any capacity.
4. I am familiar with the levels of experience, sklll, and competenoe as well as the
reputation of attorney's practicing in the Monroe County Attorney's office.
5. I am familiar with the prevailing rates charged by local attorneys wllh similar
experience, skill, competence, and reputation.
6. In my opinion, Ihe hourly rate of two hundred fifty dollars per hour ($250.00) Is
within the range of the prevailing rates charged by attorneys with similar experience, skill,
competence, and reputation who are practlcing in Monroe County, Florida.
7. In my opinion, the hourly rate of two hundred fifty dollars per hour ($250.00)
would be a reasonable rate to charge for legal services rendered by the Monroe County
Attorney'lI office.
8. In my opinion, the hourly rate of three hundred dollars per hour ($300.00) would
be a reasonable rate to charge for legal services rendered by any attorney employed by the
County Attorney's Office who is Board Certified by the Florida Bar.
9. In my opinion, the hourly rate of one hundred dollars per hour ($100.00) is within
the. range' of the prevailing rates charged by attorneys for work performed by paralegals working
under the,ir supervision within in Monroe County.
10. In my opinion, the hourly rate of one hundred dollars per hour ($100.00) would be
a reaso",~ble rate to charge for work performed by a paralegal under the supervision of the
attorneys in the County Attorney's Offioe.
Affiant Further Sayeth Naught.
Deted !hi,s 3rd day of January, 2008.
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;Bavid P. KI '/
The foregoing instrument was sworn to and acknowledged before me this 3rd day of
January, 2008, who is personally known to me or produced 10.
~an dB 08 03'IBp
John R Jabro,E59.
305 852 0686
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AFFIDAVIT QF JOHN A. JABRQ, ESQUIRE
Before me personally appeared JOHN A. JABRO, ESQUIRE, who
upon bt:ing duly swom, affilmed under the penalties of perjury that the
following [al:ls are true:
1. I am an attorney cum:ntly licensed to practice law in (he State
of Florida and have been practicing since 1983.
2. I have a private civil practice predominantly serving the Upoer
Kevs community in Monroe County, Florida.
3.. I am not employed by nor do I represent Monroe County in any
capacity.
4. I am familiar with the levels of experience, skill, and
compet<~nce as well as the reputation of attomey's practicing in the Monroe
County Attorney's office.
5. I am familiar with the prevailing rates charged hy local
atto01eys with similar experience, skill, competence, and reputation.
6. .In my opinion, the hourly rate of two hundred fijty dollars per
hour ($250.00) is within the range of the prevailing rates charged by
attorneys wilh similar experience, skill, competence, and reputation who are
practicing in Monroe County, Florida.
7. In my opinion, the hourly rate oftwo hundred tlfty dollars per
hour ($250.00) would be a reasonAble rate to charge for legal services
rendered by the Monroe County Attorney's office.
8. In my opinion, the hourly rate of three hundred dollars per hour
($300.00) would be a reasonable rate to charge for legal services rendered by
any attomey employed by the County Attorney's Office who is Board
Certitled by the Florida Bar.
9. In my opinion, the hourly rate of one hundred dollars per hour
($100.00) is within the range of the prevailing rates charged by attol"n<:>ys for
work perfom1ed by paralegals working under their supervision within in
Monroe County.
Jan 08 08 0311Bp
John A Jabro,E5~.
305 852 0686
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10. In my opinion, the hourly rate of one hundred dollars per hour
($1 OO.cIO) would be a reasonable rate to charge for work perfonned by a
paralegal under the supervision of the attorneys in the County Attorney's
Office.
Affiant further Sayeth Naught.
Dated this ~ th day OfJrAniJl1rj-' 2008
. diL'he foregoing instrument was sw~m to and acknowledged bdure me
tillS ?l -~ay of .J~, 2008, who l~l1allv known to me :or
produced ID. .
. ANGaARYANOA'
. ~ MY COMMISSION .
EXPIRES: APR 09, 2011 otary bhc
Bondedll1ruughl8lSlaCtln1UralIO tate of Florida
)
HALFORD G. SCIllIBMACBEII.
AFFIDAVIT OF (NAME OF ATTORNEY)
Be,fore me personally appeared (name of the attorney), who upon being duly sworn,
affirmed under the penalties of perjury that the following facts are true:
1. I am an attorney currently licensed to practice law in the State of Florida and
have been practicing since 1994.
2. I have a private practice predominantly serving all of Monroe County, Florida
3. I am not employed by nor do I represent Monroe County in any capacity.
4. I am familiar with the levels of experience, sklU, and competence as well as the
reputation of attorney's practicing in the Monroe County Attorney's office.
5. I am familiar with the prevailing rates charged by local attorneys with similar
experlencll, skill, competence. and reputation.
6. In my opinion, the hourly rate of two hundred fifty dollars per hour ($250.00) Is
within the !range of the prevailing rates charged by attorneys with similar experience, skill.
competem)9, and reputatlon who are employed by Monroe County, Florida.
7. In my opinion, the hourly rate of two hundred fifty dollars per hour ($250.00)
would be ~l reasonable rate to charge for legal services rendered by the Monroe County
Attorney's office.
8. In my opinion, the hourly rate of three hundred dollars per hour ($300.00) would
be a reasonable rate to charge for legal services rendered by any attorney employed by the
County AtIorney's OffICe who Is Board Certified by the Florida Bar.
9. In my opinion, the hourly rate of one hundred dollars per hour ($100.00) is within
the range of the prevailing rates charged by attorneys for work performed by paralegals working
under theilr supervision within Monroe County.
10. In my opinion, the hourly rate of one hundred dollars per hour ($100.00) would be
a reasonable rate to charge for work performed by a paralegal under the supervision of the
attorneys In the County Attorney's Office.
Affiant Further Sayeth Naught.
Dated this 3" day of January, 2008.
tJl;
Halford G. Schuhmacher
FBN: 004324
STATE OF FLORIDA
COUNTY elF MONROE
SWORN TO AND SUBSCRIBED before me this ~ da
lhOW!. is personally known 10 me
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Printed Name: TIIIEI/I GIIWlIK
My Commillsion Expires: ~~-m=
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AFFIDAVIT OF NICHOLAS W. MULlCK. ESQ.
STATE OF FLORIDA
COUNTY OF MONROE
BE!fore me, the undersigned authority, personally appeared Nicholas W. Mulick, Esq., who,
upon bein!l duly sworn, affirmed under the penalties of perjury that the following facts are true:
1. I am an attorney currently licensed to practice law in the State of Florida and have been
practicing in Florida since 1982.
2. I have a private civil practice predominantly serving the Upper and Middle Keys
community in Monroe County, Florida.
3. I am not employed by, nor do I represent, Monroe County in any capacity.
4. I am familiar with the levels of experience, skill, and competence as well as the
reputation of attorneys practicing in the Monroe County Attorney's office.
5. I am familiar with the prevailing rates charged by local attorneys with similar
experienCE!, skill, competence, and reputation.
6. In my opinion, the hourly rate of two hundred fifty dollars per hour ($250.00) is within
the range of (more likely, below) the prevailing rates charged by attorneys with similar experience, skill,
competence, and reputation who are practicing in Monroe County, Florida.
7. In my opinion, the hourly rate of two hundred fifty dollars per hour ($250.00) would be a
reasonablEl rate to charge for legal services rendered by the Monroe County Attorney's office.
8. In my opinion, the hourly rate of three hundred dollars per hour ($300.00) would be a
reasonablE! rate to charge for legal services rendered by any attorney employed by the County
Attorney's Office who is Board Certified by the Florida Bar.
9. In my opinion, the hourly rate of one hundred dollars per hour ($100.00) is within the
range of the prevailing rates charged by attorneys for work performed by paralegals working under their
supervision within in Monroe County.
10. In my opinion, the hourly rate of one hundred dollars per hour ($100.00) would be a
reasonable, rate to charge for work performed by a paralegal under the supervision of the attorneys in
the County Attorney's Office.
Dated this
~ day of January, 2008.
FURTHER AFFIANT SAYETH NAUGHT
~~QJ~ J, Q,-f)
la . MulICk, Esq.
FL Bar No. 337757
The foregoing instrument was sworn to and acknowledged before me this ~ day of
January, 2008, by Nicholas W. Mulick, Esq., who is personally known to me.
ru:ttnt-UT1ON N9. 135 -2G05
A RESOLUTION OF THE BOARD OF COUNTY COM_SIONERS OF
IIOUROE COUNTY, FLORIDA lETTING THE RATE FOR ATTORNEY'S
FEES SOUGHT BY THE COUNTY ATTORNEY'S OFFICe UNDER
SI!C11ON 2-311 OF THE MONROE COUNTY CODE.
WHEReAS, the 0t'Iice of the County Attorney i. auIhorized by Section 2-
365 of the Monroe County Code to seek attorneys fees in certain 1'll8ttW8; n
V'JlIEREAS. Section 2-365 of the Monroe County Code requires the Bc&d
to set by reeoIutIon the b88ic hourly rates for services rendered by the County
Attorney's aIIice; n
WHEREAS. oontroIling ClI8e law in Florida auIhorize8 government entitie8
such 88 the County to seek reImbI.nement for the services of It8If attol,. .
the l'888OIl8bIe prevailing rate in the coml1'Ulity even if that amount excuds the
cost of the ,.-ticuI.- staff attorney's compIIIllI8tion package (1818)' plus
beneIit8); see, Computer Task GtDUP, Inc. v. Palm Beach County, 782 So.2d 942
Fla. 4" DCA 20(1); L.eibowilz v. City of Miami Beach, 683 So.2d 204 (Fla. 3d
DCA 1996); and City of Boca Raton v. Faith Baptist Church, 423 So.2d 1021
(Fla. 411l DCA 1982); and
WHEREAS, attomays in the Courty Attorney's office routinely litig8te
cases on behalf of the County which often ntllUlt In the COU1ty being entitled to
attorney's fees; and
WHEREAS, the Board finds that It has been presented with substa1tial,
competent evidence that the rate of two hundred doli.. ($200.00) per hcu falls
within the I'8'Ig8 of reasonable attorney's fees ctwged by attorneys pradicing in
Monroe County possessing similar skill, experience, repuIBtion, and competellC8
of those attorneys serving as County Attorney ...d Assistant County Attorney;
NOW THEREFORE; BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
1. The hourly rate for attorney's fees sought by the 0t'Iice of the
COU1ty Attorney, in circumstances set forth In SecIIon2-365 of the
Mornoe County Code, sh8II be two hundred doll.. ($200.00) per
hour.
2. ThIs rate may be adjusted by a subsaquant vote of the Bc&d after
a public hearing.
PASSED AND ADOPTED by the Bo8rd of County Commissioners
of Monroe COl.Ilty, Florida at a regular meeting held on the 20t!Qly
of April . A.D., 2005.
Mayor Dixie Spehar
Mayor Cha1es "Sonny" McCoy
Commissioner Murray Nelson
Commiaalof8' GeClIge Neugent
Commissioner DavicI Rice
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY:
Mayor Dixie Spehar
DANNY KOHLAGE, CLERK
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MONROE COUNTY ATTORNEY
~crz:D AS TO FORM:
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JOHN R. COLLINS
0"'" "C8!fiJ:vPRNEY
-�''' Your Upper Keys Connection .
THE REPORTER ,
P.O.Box 1197•Tavernier,Florida 33070-1197
(305)852-3216 Fax:(305)852-0199 AD#2388800 Attar-
ney's Fses
PROOF OF PUBLICATION NOTICE-OF INTENTION
TO CONSIDER
ADOPTION OF PRO-.
POSED RESOLUTION
STATE OF FLORIDA •
COUNTY OF MONROE NOTICE IS HEREBY, •
GIVEN TO WHOM IT
MAY CONCERN that on
Before the undersigned authority Wednesday,April 20,
personally appeared JACKLYN R. 2 Harvey
yt ov PMna the
P Y PP HatYey(iovernment
HARDER who on oath, says that she is Center,1200 Truman
ASSOCIATE PUBLISHER/EDITOR of THE Avenue,Key West,
Monroe County,Fled-
REPORTER, a weekly newspaper entitled da,the Board ofCounty
to publish legal advertising published at Commissioners of Mon-
roe County,Florida,in-
Tavernier, Monroe County, Florida: that tends to consider the
the attached copy of advertisement, being adoption of the following
LEGAL NOTICE in said newspaper in the utionsedcountyRes°-
issue of: •
A RESOLUTION OF
THE BOARD OF COUN-
April 1st and April 8th 2005 .TY COMMISSIONERS
OF MONROE COUNTY,
FLORIDA SETTING
Affiant further says that THE' REPORTER THERATEFORAT-
y TORNEY'S FEES •
is a newspaper published at Tavernier, in SOUGHT BY THE
said Monroe County, Florida, and that the COUNTYATTORNEY'S
OFFICE UNDER SEC-
said newspaper has heretofore been TION 2-365 OF THE ,
continuously published in the said MONROE COUNTY
CODMonroe County, Florida, each week (on
Thursday), and has been entered as Itoseclion •
28second class mail matter at the Post Sta u es ot Is
'Statutes,notice Is given Office in Tavernier, in said County of - _
Monroe, Florida, for a period of one year
next preceding the first publication of the
iiiiny;natter
attached copy of advertisement; and f°considered hear-
• affiant further says that she has neither Ingo ormeetinps,hewid
need a record of the pro-
paid nor promised any firm, person, or ceedings,and that,for
corporation any discount, rebate, such purpose,he may
commission or refund for the purpose of need to ensure theta ver-
batim record of the,pro-
securing this advertisement for ceedingsIs made,which
ti-
publication in the said newspaper and that � includes
innddev a the
eppon
The Reporter is in full compliance with which the appeal is to be
Chapter 50 of the Florida State Statutes on based.
Legal and Official Advertisements. / Copies of the above-ref-
erencedordinanceare I
available for revlewatthe g :1.
/ various publicllbrarl. In = MC
�/, Monroe County,Fldri tom.
i / ,/ '�1
/�.��I / / ` Dated at Key West,Flan- 'sxr-- � `Y1
Sworn to d ubscK•ed before me this da,this 16th day of .2c.,- .....
11th day of Apr I, 201 March,2005. Ear- -ti
....«.«...........� DANNY L.KOLHAGE. .<nT 3 r r i
g
KA "fix BRYAN a Clerk of the Circuit Odurt W1 cop c ,
F c `. 000241t127 I and exofficioC of the — � O•,
Dom 17/t7r oo ,Board of Co Corn- :6 ,-r c1
. : tilwtlu aru mission. I Monroe'.
Cou �_
�� � � \ ubltsh:04/01/058i •
` 04/00/05..
otary The Reporter •
Tavernier.FL 33070