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BOARD OF COUNTY COMMSSIONERS AGENDA ITEM SUMMARY Meeting Date: 1/16/13 - KW Division: County Attorney Bulk Item: Yes — No xx Staff Contact Person/Phone #: Bob Shillinaer 292-3470 Ats AMA 11 VM W UKUING: Discussion regarding the County's current practice requiring County Commissioners and Constitutional Officers to purchase Elected Officials Bonds and direction to staff. ITEM BACKGROUND: Florida Statute 137.05 requires each County Commission to examine the sufficiency of the bonds for their County officers every January and June. This statute affords each Commission the discretion to determine if their current bonds are sufficient, and to require a new bond if the Commission has reason to believe that any of the current bonds have become impaired. By way of background, in 1998 the Legislature dropped the requirement for mandatory Public Official Bonds and vested each County Commission with the discretion to continue the practice. In 2000, the BOCC adopted Ordinance No. 055-2000, which required bonds in the following amounts: a) Clerk of the Circuit Court - $ 5,000 d) Property Appraiser - $10,000 b) Sheriff - $15,000 e) County Commissioners - $ 2,000 c) Tax Collector - $ 5,000 f) Supervisor of Elections - $ 5,000 In 2009, the BOCC voted to drop the bond requirement for the Sheriff because he had more comprehensive coverage through his insurance policy. Some commentators view these types of bonds as an antiquated form of insurance in light of more comprehensive policies that governments, including Monroe County, routinely purchase. In short, the protections afforded by these bonds are thought to be redundant and not as broad as is provided elsewhere through insurance policies. Other counties have discontinued the practice of requiring bonds and instead purchased a rider for protection against official and employee dishonesty. The County's risk management consultant has opined that the County is adequately protected for the Commissioner's actions through its insurance policies. PREVIOUS RELEVANT BOCC ACTION: 12/13/00 BOCC adopted Ordinance No. 055-2000; 3/18/09 BOCC voted to waive the bond requirements for the Sheriff. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Staff seeks direction to draft an amendment to Ordinance 055- 2000 setting forth the minimum insurance requirements that a Public Officer will need to purchase in order to be relieved from the obligation to post a bond. TOTAL COST: Cost to purchase bonds INDIRECT COST: BUDGETED: _Yes —No COST TO COUNTY: Approx. $1,948 per ,year SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM #� - Revised 1/09� Ch. 137 BONDS OF COUNTY OFFICERS _ i:.S. z CHAPTER 137 BONDS OF COUNTY OFFICERS 137.01 Bonds required by the board of county commissioners for county officers. 137.02 Bond of tax collector. 137.03 Bond of property appraisers. 137.04 County commissioners to give bond. 137.05 Duty of boards of county commissioners. 137.08 Sums for which sureties may be bound. 137.09 Justification and approval of bonds. 137.10 Provisions not applicable to surety compa- nies. 137.01 Bonds required by the board of county commissioners for county offlcers--Each board of county commissioners may by ordinance require any county officer to give bond, conditioned for the faithful performance of the duties of his or her office. The amount of the bond and the bond must be approved by the board of county commissioners. In determining the amount of the bond, the board of county commissioners may consider the amount of money or property likely to be in custody of the county officer at any one time. The bond of each of the county officers of whom a bond is required must be filed with the clerk of the circuit court. History.--s. 1, ch. 3724, 1887; AS 818; GS 82Z: RGS 1588; CGL 2416; ss. 10, 12, 35, ch. 69.106; S. 837, ch. 95.147; s. 2& ch. 95.312; s. 20, ch. 95-34. 137.02 Bond of tax collector. The tax collector of each county shall give bond as required by the board of county commissioners of the respective county, speci- fically conditioned to account duly and faithfully for all taxes collected by the tax collector. In fixing the bond the board of county commissioners may consider the amount of money likely to be in the custody of the collector at any one time. _ 1925; CIL 2417 ss. t 2, 35, ch. %106; s.1t ch. GS RGS 29, ch. 95312; s.210033. ch. G 9&34. 137.03 Bond of property appraisers. -The county property appraiser shall give a bond as required by the board of county commissioners. In fixing the amount of the bond, the board of county commissioners may consider the amount of money likely to be in the custody of the property appraiser at any one time. History,-s. 7, ch. 3724. 1587; s. 1, ch. 3844, 1889; AS 618, 819; GS 824: RGS 1570; CGL 2418: s. 1, ch. 26294, 1953: s. 3, ch. 73-47: s. I. ah. 77-102 s. 22. ch. 9&34. 137.04 County commissioners to give bond. - Each county commissioner, whether elected or ap- pointed to such office, must give a bond conditioned for the faithful performance of the duties of his or her office as required by the board of county commissioners. The premium of the bonds given must be paid out of the county treasury. Hlsro IL 1, ch, 6477. 1913; RGS 1571: CGL 2419; as. 12 35. ch. 89.109,s 838, ch. 95.147, s. 30, ch. 95.312; 3, 23. ch. 98.34, 137.05 Duty of boards of county commis- sioners: The board of county commissioners of each county shall at its regular meetings in January and June of each year examine carefully as to the sufficiency of bonds of the county officers, and if it has reason to believe that the sufficiency of any bond has become impaired, it must at once require the officer to execute and file with the proper officer a new bond for the same amount and under the same conditions as his or her former bond., MUM-& 2, ch. 441& IM: GS US; RGS 1572; CGL 2420; s. 839, ch 95.147; s. 24, ch. 98.34. 137.08 Sums for which sureties may be bound. In every bond in which the amount of the bond shall not exceed $1,000, there shall be at least two sureties, each bound for the full amount of the bond. In every bond so specified in which the amount of the bond shall exceed $1,000, each surety may bind himself or herself for a specified sum, and the aggregate amount for which the sureties shall bind themselves shall not be less than the penalty of the bond. HISIWV--i. 9, eh. =4. 1887; AS 820: GS US: RGS 1575; CGL 2423, s. $41. ch. 95-147. 137.09 Justification and approval of bonds. -- Each surety upon every bond of any county officer shall make affidavit that he or she is a resident of the county for which the officer is to be commissioned, and that he or she has sufficient visible property therein unencum- bered and not exempt from sale under legal process to make good his or her bond. Every such bond shall be approved by the board of county commissioners and by the Department of Financial Services when they and it are satisfied in their judgment that the same is legal, sufficient, and proper to be approved. Hlsfory.-s 10, ch. 3724,1887- R8 621; GS 829; FIGS 1578: CGL 2424; so. 12 35. ch. 69-106; s. 842, ch. 95.147; s. 148, ch. 2003.251. 137.10 Provisions not applicable to surety com- panies. -The provisions of this chapter requiring two sureties and justification by surety shall not apply where such surety is a surety company authorized to do business in this state. History. & 1, ch. 5372. 1905; GS 830; RGS 1577 CGL 2425. 1474 Ch. 28 CLERKS OF THE CIRCUIT COURTS CHAPTER 28 CLERKS OF THE CIRCUIT COURTS 28.001 Definitions. 28.01 Bond of circuit court clerks; small counties. 28.02 Bond of circuit court clerks; large counties. 28.03 Obligation of sureties. 28.04 Justification of sureties. 28.05 Surety companies. 28.08 Power of clerk to appoint deputies. 28.07 Place of office. 28.071 Clerk's seal. 28.09 Clerk ad interim. 28.101 Petitions and records of dissolution of marriage; additional charges. 28.12 Clerk of the board of county commis- sioners. 28.13 To keep papers. 28.14 Records, judgments, orders, and decrees prior to circuit courts. 28.15 Records from superior courts. 28.16 Certain records from prior county courts. 28.211 Clerk to keep docket. 28.212 Minutes of court proceedings. 28.213 Disposal of physical evidence filed as exhibits. 28.215 Pro se assistance. 28.222 Clerk to be county recorder. 28.22205 Electronic filing process. 28.2221 Electronic access to official records. 28.2222 Public records capital improvement plan. 28.223 Probate records; recordation. 28.231 Service charges by clerks of courts. 28.235 Advance payments by clerk of circuit court. 28.24 Service charges by clerk of the circuit court. 28.2401 Service charges and filing fees in probate matters. 28.2402 Cost recovery; use of the circuit court for ordinance or special law violations. 28.2405 Comprehensive Case Information System. 28.241 Filing fees for trial and appellate proceed- ings. 28.242 Service charges retained when case laid in wrong venue. 28,243 Personal liability for accepting checks. 28.244 Refunds. 28.245 Transmittal of funds to Department of Revenue; uniform remittance form re- quired. 28.2455 Transfer of trust funds in excess of amount needed for clerk budgets. 28.2457 Mandatory monetary assessments. 28.246 Payment of court -related fines or other monetary penalties, fees, charges, and costs; partial payments; distribution of funds. 28.29 Recording of orders and judgments. 28.30 Records; destruction; reproduction; elec- tronic recordkeeping. 28.31 Notice to county commissioners of intent to destroy; approval of board. 28.32 Destruction of certain instruments. 502 28.33 Investment of county funds by the clerk of the circuit court. 28.34 Salary discrimination based on gender or race; review within the county and circuit courts. 28.345 Exemption from court -related fees and charges. 28.35 Florida Clerks of Court Operations Cor. poration. 28.36 Budget procedure. 28.37 Fines, fees, service charges, and costs remitted to the state. 28.42 Manual of filing fees, charges, costs, and fines. 28.44 Clerk discontinuance of court -related funs. lions. 28.45 Provision of financial data to Executive Office of the Governor. 28.001 Definitions. -As used in this chapter. (1) "Official records" means each instrument that the clerk of the circuit court is required or authorized to record in one general series called "Official Records, as provided for in s. 28.222. (2) "Public records" has the same meaning as in s. 119.011 and includes each official record. 14101M.--s, 1. ch. 94-34& a. 1, ch. W259L 28.01 Bona of dreuit court clerks; smallcoup- tie& -In each county of the state having a population of 150,000 or less according to the last state census, the t; clerk of the circuit court shall give bond as required by r` the board of county commissioners of the county, to be filed with the clerk of the circuit court and be conditioned upon the faithful discharge of the duties of office. 1. ch. 117794937; s. t, dL 20719, 1941;; ss1 /10. 12,,, 35. ch. 69.110W & 152, ch, 95.147; S. 12, ch. 95312; S. 7, ch. 98.34. 28.02 Bond of circuit court clerks; large coun- ties. -in each county of the state having a population in excess of 150,000 according to the last state census, the clerk of the circuit court shall give bond as required by the board of county commissioners of the county, to be filed with the clerk of the circuit court and be conditioned upon the faithful discharge of the duties of office. History. s& 1, 3. ch. 3724, 1887, RS 1381; GS 11321; FIGS 3088; CGL 4847. s. 1, ch. 17754, 1937; S. 1, ch. 20719, 1941: as. 10. 12, 35. ch. 69.106• s. 153, ch. 95.147; s. 13, ch. 95.312; s. 8, eh. 98.34. 28.03 Obligation of sureties. --Each surety upon such bond may bind himself or herself for a specified sum, but the aggregate amount for which the sureties shall bind themselves shall not be less than the penalty of the bond. H1*twV,--s 9, ch. 3724, 188r RS 934; GS 1e= RGS 3067; CGL 484& a 2. ch. 17754, 1937.. s. 1, ch. 20719. 1941; s. 154, ch. 95-147 28.04 Justification of sureties. -Each surety upon such bond shall make affidavit that the surety is a resident of the county for which the clerk is to be F S. 2012 CLERKS OF THE CIRCUIT COURTS Ch. 28 commissioned, and that he or she ties sufficient visible Property therein unencumbered and not exempt from sale under legal process to make good his or her bond. Hlstory.-s. 10, Ch. 3724, 1887: Rs 935: GS 1623: RGS 3085 CGL 4849: s. 3, d, 17754, 1937; s. 1. Ch. 20719, 1941; a. 155, ch. 9&147. 28.05 Surety companies. -The provisions of ss. 28.01-28.04 as to number of sureties, affidavits of residence and justification of same, shall not apply to solvent surety companies authorized to do business and execute bonds in this state. History.--GS 1824; RGS 3069; CGL 4850; 8 4, Ch 17754, 1937; s. 1, ch. 20719, 1941, 28.05 Power of clerk to appoint deputies. -The clerk of the circuit court may appoint a deputy or deputies, for whose acts the clerk shall be liable, and the said deputies shall. have and exercise each and every power of whatsoever nature and kind as the clerk may exercise, excepting the power to appoint a deputy or deputies. History.-9. 1, Feb. 12, 1834; e. 1. Ch. 254, 184? RS 1384; GS 1825; RGS 3070; CGL 4851; a. 1. Ch. 21956, 1943; a. 158, Ch. 95-147. 28.07 Place of office. -The clerk of the circuit court shall keep his or her office at the county seat. If the clerk finds a need for branch offices, they may be located In the county at places other than the county seat. Instruments presented for recording In the Official Records may be accepted and filed for that purpose at any branch office designated by the governing body of the county for the recording of instruments pursuant to s. 1, Art. VIII of the State Constitution. One or more deputy clerks authorized to issue process may be employed for such branch offices. The Official Records of the county must be kept at the county seat. Other records and books must be kept within the county but need not be kept at the county seat. History.-s, 3, Feb. 12. 1834; RS 1365; Gs 1825; RGS 3071; CGL 4852; a. 1, ch. 57.281: s. 1. Ch. a7-19& ac $ 10. ch. 94-394 a. 2, ch, 99-2% 28.071 Clerk's seal. -Each clerk shall provide a seal which shall have inscribed thereon substantially the words: "Circuit Court' "Clerk," "(Name of county)" which shall be the official seal of the clerk of the circuit court in that county for authentication of all documents or instruments. It may be an imprint or impression type seal and shall be registered with the Department of State. Hlstory-a. 1, ch. MIX, s. 1, ch. 70-439. 28.09 Clerk ad interim. -In the case of vacancy occurring in the office of a clerk of the circuit court by death, resignation, or other cause, the judge of that court shall appoint a clerk ad interim, who shall assume all the responsibilities, perform all the duties, and receive the same compensation for the time being as it he or she had been duly appointed to fill the office; and the clerk shall give such bond and security for the faithful performance of duties as required by the board Of county commissioners. ch. 95i4 T 9 �ch 9 1855; Rs 1393 GS 1838 R868 GS 3063; CGL 4s 157, 503 .ttr i 28.101 Petitions and records of dissolution of marriage; additional charges.- (1) When a party petitions for a dissolution of marriage, in addition to the filing charges in s. 28.241, the clerk shall collect and receive: (a) A charge of $5. On a monthly basis, the clerk shall transfer the moneys collected pursuant to this paragraph to the Department of Revenue for deposit in the Child Welfare Training Trust Fund created in s. 402.40. (b) A charge of $5. On a monthly basis, the clerk shall transfer the moneys collected pursuant to this paragraph to the Department of Revenue for deposit in the Displaced Homemaker Trust Fund created in s. 446.50. If a petitioner does not have sufficient funds with which to pay this fee and signs an affidavit so stating, all or a portion of the fee shall be waived subject to a subsequent order of the court relative to the payment of the fee. (c) A charge of $55. On a monthly basis, the clerk shall transfer the moneys collected pursuant to this paragraph to the Department of Revenue for deposit in the Domestic Violence Trust Fund. Such funds which are generated shall be directed to the Department of Children and Family Services for the specific purpose of funding domestic violence centers. (d) A charge of $32.50.On a monthly basis, the clerk shall transfer the moneys collected pursuant to this paragraph as follows: 1. An amount of $7.50 to the Department of Revenue for deposit In the Displaced Homemaker Trust Fund. 2. An amount of $25 to the Department of Revenue for deposit in the General Revenue Fund. (2) Upon receipt of a final judgment of dissolution of marriage for filing, and in addition to the filing charges in s. 28.241, the clerk may collect and receive a service charge of up to $10.50 pursuant to s. 382.023 for the recording and reporting of such final judgment of dissolution of marriage to the Department of Health, Hlslory--a. 2, Ch. 67-SM a. 2, ch. 70-134; s. t, ch. 70-438; a:1. ch, M300: a 9, ch. 83.217; a.103, ch 8&220: a.1, Ch. 87-145: s. 25. eh. 87-387; a. 7, ch. 88.98; a. 2, ch. B&181; a. 12, ch 94.134; a. 12, ch. 94.131% s. 54, C14 95.418; a. 62, Ch. 97.237: s.14, Ch 98.403; a. 13, Ch. 99.2; a. 5, ch. 9&243: & 4, ch. 20M-122; s 25, ch. 2003402; a 3. Ch. 2004.251; & 14, ch. 2004-288. 28.12 Clerk of the board of county commis- slonem The clerk of the circuit court shall be clerk and accountant of the board of county commissioners. He or she shall keep the minutes and accounts and perform such other duties as provided by law. The clerk shall have custody of the seal and affix the same to any paper or instrument as required by law. History.-RS 1392: GS 1838; RGS 30BI: CGL 4864; a. 3. Ch. 70.134; s_ 1 S&, ch. 95.147. 28.13 To keep papers. -The clerk of the circuit court shall keep all papers filed in the clerk's office with the utmost care and security, arranged In appropriate files (endorsing upon each the time when the same was filed), and shall not permit any attorney or other person to take papers once filed out of the office of the clerk without leave of the court, except as is hereinafter provided by law. History- -a. 59, NOV. 18,18M RS 13BB; GS 1M FIGS 3075; CGL 485k s, t, ch. 89.297: s. 159, ch. 95.147. Ch. 30 SHERIFFS S. 2012 30.01 30.02 30.03 30.04 30.05 30.06 30.07 30.071 30.072 30.073 30.074 30.075 30.076 30.077 30.078 30.079 30.09 30.10 30.12 30.14 30.15 30.20 30.21 30.22 30.231 30.24 30.27 30.29 30.2905 30.291 30.30 30.46 30.48 30.49 30.50 30.501 30.51 30.52 30.53 30.555 30.56 30.60 CHAPTER 30 SHERIFFS Bond of sheriffs; small counties. Bond of sheriffs; large counties. Obligation of sureties. Justification of sureties. Surety companies. Liability of sureties. Deputy sheriffs. Applicability and scope of act. Definitions. Appointment; probation; regular appoint- ment. Regular appointee status. Review boards. Appeal. Conduct of hearing. Continuation of appointment after a change in sheriff. Effects of act; no property interest or ex- pectancy in office; sheriff's authority. Qualification of deputies; special deputies. Place of office. Power to appoint sheriff. Succession of office. Powers, duties, and obligations. False return. Failure to pay over money. When sheriff may accept service. Sheriffs' fees for service of summons, sub- poenas, and executions. Transportation and return of prisoners. Constructive mileage not to be charged. Sheriffs may furnish vital war industries guard service against sabotage. Program to contract for employment of off - duty deputies for security services. Closing of public facilities upon threat of violence. Writs, process; duties and liabilities in levy- ing. Sheriffs; motor vehicles color combination; badges; simulation prohibited; penalties. Salaries. Budgets. Payment of salaries and expenses. Bailiffs' meals and lodging. Fees and commissions. Handling of public funds. Independence of constitutional officials. Liability insurance. Release of traffic violator on recognizance or bond; penalty for failure to appear. Establishment of neighborhood crime watch programs. 30.01 Bond of sheriffs; small counties.-ln each county of the state having a population of 150,000 or less according to the last state census, the sheriff shall give bond as required by the board of county commis- sioners of the county, to be filed with the clerk of the 526 circuit court and be conditioned upon the faithful discharge of the duties of his or her office. When a sheriff is appointed to fill a vacancy, a bond may not be a prerequisite to succession in office; however, if the county commission requires a bond for the office of sheriff, the commission shall allow a period of 10 days after the effective date of the appointment in which the bond may be provided. History--ss. 1, 4, ch. 3724, 168T RS 1237, GS 1666; RGS 2871. CGL 49% s, 1, ch, 17754, 1937; s. 1. ch. 20719, 1941; ss. 10. 12, 35, ch. 69-106 s. 171, ch 95-14r, s. 14, ch. 95.312 S 10. ch, 98.34, 30.02 Bond of sheriffs; large counties. -In each county in the state having a population in excess of 150,000 according to the last state census, the sheriff shall give bond as required by the board of county commissioners, to be filed with the clerk of the circuit court and be conditioned upon the faithful discharge of the duties of his or her office. When a sheriff is appointed to fill a vacancy, a bond may not be a prerequisite to succession in office; however, if the county commission requires a bond for the office of sheriff, the commission shall allow a period of 10 days after the effective date of the appointment in which the bond may be provided. History,-ss. 1, 4, ch. 3724,18U,. RS 1237; GS 1688. RGS 2871, COL 4588; L 1, ch. 17754, 1937; is. 10, 12, 35, ch. 69./08; s. 172, ch. 95.14T s. 15, ch. 95.312; s. 11. ch 98.34. 30.03 Obligation of sureties. -Each surety upon such bond may bind himself or herself for a specified sum, but the aggregate amount for which the sureties may bind themselves shall not beless than the penalty of the bond. History.-s. 9, ch. 3724. 1W. RS t23a GS 1t187. RGS 2872; CGL 4563 s 2. dL 177K 1937; s. 1, ch. 20719, 1941; s. 173, ch. 95-147. 30.04 Justification of sureties: Each surety I upon such bond shall make an affidavit that he or she is a resident of the county for which the officer is to be 4 1 commissioned, and that the surety has sufficient visible property therein, unencumbered and not exempt from sale under legal process, to make good his or her bond. History.- a 10, ch. 3724.1857. AS 1239; GS 1668; RGS 2873. CGL 4570; s. 3. ch. 17754, 1937; s. 1, ch. 20719. 1941; 8.174. ch. 95-147 30.05 Surety companies. -The provisions of ss. i 30.01-30.04, as to number of sureties, affidavits of residence and justification of same shall not apply to solvent surety companies authorized to do business and execute bonds in this state. History.-s. 4, ch. 3724, 1887, R$ 1237; GS 1666; RGS 2871. CGL 4568; s 4. ch. 17754, 1937•, s. 1, ch. 20719. 1941. 30.06 Liability of sureties. -The sureties, if any, are liable for all fines and amercements imposed upon the principal, or sheriff. History:--s 4, ch. 987, 1859; RS 124Q GS 1669; RGS 2874 CGL 45711: s. 1 ch. 20719. 1941; s. 12. cK 98J4. 30.07 Deputy sheriffs. -Sheriffs may appoint de- puties to act under them who shall have the same power as the sheriff appointing them, and for the neglect and p g. 2012 COMMISSIONS Ch. 113 CHAPTER 113 COMMISSIONS 113.01 Fee for commissions issued by Governor. 113.02 Fee to be paid before commissions issued. 113.03 Disposition of proceeds. 113.04 Fidelity bond premiums. 113.051 Grants and commissions. 113.06 Record of commission, oath, and accep- tance. 113.07 Bond by surety company; when required. 113.071 Sureties upon official bonds. 113.01 Fee for commissions Issued by Gover- nor. -A fee of $10 is prescribed for the issuance of each commission issued by the Governor of the state and attested by the Secretary of State for an elected officer or a notary public. History.--s. 1, ch, 1460, 1931; s. 1, ch. 15925, 19U s. 1, eh. 17133, 1935; CGL 19M Supp. 4e0(1). (4), 47%1g s. 1. CIL 282M 1953'. s.2, ch. 55-258; s. 1, ch. 67.460; e. 1, ch. 81.2ft L 5. ch. 84.114: a. 3. ch. 93-21* s.17, ch, W280; s.1, ch. 96-W. 113.02 Fee to be paid before commissions Issued. -No commission shall be issued by the Gov- emor or attested by the Secretary of State or shall bear the seal of the state until the fee foxed and required by s. 113.01, if any, shall first be paid as therein provided. History.--s. 2. eh. 14889,1931; CGL 19M supp. 480(2); s. $ cm 51-2W. 113.03 Disposition of proceeds. -All fees shall be paid by the Secretary of State into the State Treasury and shall be used for such purposes as the Legislature may determine. History.-s. 3, ch. 146ti9, 1931; COL 19M Sapp. 480(3). 113.04 Fidelity bond premiums. -When any state officer or employee is required by statute or by the head of any state department to secure and give a fidelity bond, the premium therefor shall be paid from the necessary and regular expense account of the depart- ment to which such officer or employee shall be attached. History.--s. 1, ctt. 17755. 1937. CGL 194o SuM 459(1). 113.051 Grants and commissions. --All grants and commissions shall be in the name and under the authority of the State of Florida, sealed with the great seal of the state, signed by the Governor, and counter- signed by the Secretary of State. History.-Fonnot s. 14. Art. IV of the Cons6t *m d 1688, as arhshdod: aovsrted to statutory low by S. 10. M. XII of 8n CortsbUlon as w4ise0 in 1968. 113.06 Record of commission, oath, and accep- tance. -Every commission issued by the Governor shall be recorded in the office of the Secretary of State In a book of commissions and an index made thereof, and the oath of office of the person named in said commission shall be endorsed on said commis- sion, and accompanying the commission there shall be transmitted to each officer a printed acceptance of said commission, and his or her oath of office, which shall be subscribed and taken by such officer, and returned to the office of the Secretary of State and filed therein, and a note thereof made on the record of said commission by the Secretary of State. History.-s. 2, ch. 12, 1848; Rs 213; GS 297; RGS 395; CGL 460; s. 727, rh. 95.147. 113.07 Bond by surety company; when re- quired.- (1) When public officials, not honorary, either state, county or district, are required to post fidelity or performance bonds, such bonds must be written by surety companies authorized by law to do business in the state. (2) The provisions of this law do not apply to deputy sheriffs, notaries public, or special process servers appointed to serve process under the provisions of s. 48.021. (3) The cost of the premium on such bond must be paid out of the General Revenue Fund of the state or out of the county or out of the various districts, depending upon the class in which such officer belongs. If any excess premium over the base premium rate is charged in the procurement of the bonds, such excess premium must be paid by the individual officer or official. History.-$& 1, 2, 3, 4. Ch. 20SU 1941; S. 2. ch, 78.263; s. 19. ch. 91434. 113.071 Sureties upon official bonds. -The sur- eties upon the official bonds of all state, county, and municipal officers shall be residents of, and have sufficient visible property unencumbered within the state, not exempt from sale under legal process, to make good their bonds; and the sureties upon the official bonds of all county and municipal officers shall reside within the county where their principals upon such bonds reside, and shall have sufficient visible and unencumbered property in such county, that is not exempt from sale under legal process, to make good their liability on such bonds. Any duly organized and responsible guarantee or surety company, either foreign or domestic, lawfully doing business in this state, may become and be accepted as surety on all such official bonds. History. -Farmers 13. Art. XVI of the Consthivan of 1885, as amended; mmeded to statutory, law by s. 10. An. XII d the Constitution as revised in 1968. 1225 w Board of County Commissioners AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DECLARING THAT AN EMERGENCY EXISTS AND WAIVING NOTICE BY A FOUR - FIFTHS VOTE; PROVIDING FOR THE AMOUNTS OF THE BONDS REQUIRED OF THE CONSTITUTIONAL OFFICERS AND DECLARING THAT THE PREMIUMS FOR SUCH BONDS ARE A PUBLIC PURPOSE AND MAY BE PAID FOR WITH COUNTY FUNDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, a recent amendment to Chapter 137, Florida Statutes, requires the Board of County Commissioners to establish, by ordinance, the amount of the bonds required of the Tax Collector, Property Appraiser, Supervisor of Elections, and County Commissioners; WHEREAS, the recently amended respective chapters of the Florida Statutes applicable to the Sheriff, and Clerk of the Circuit Court also now require that the Board establish by ordinance the amounts of their bonds; and WHEREAS, due to the recent election it is necessary to immediately establish the amounts of the bonds for the constitutional officers; now, therefore:r c o c n �. oC-)a M BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS 4I1$ONJ1OE-n COUNTY, FLORIDA: oc)• coCz- 0 ro- � Section 1. An emergency is hereby declared and notice walvil -� bg a fours a Fifths vote. r= c o t. rn 0 Section 2. Pursuant to Chapters 137, 28, and 30, Florida Statutes, the Board hereby requires the following constitutional officers to give bond, conditioned for the faithful performance of the duties of his/her Office, in the following amounts: a) Clerk of the Circuit Court $ 51000 b) Sheriff $15,000 c) Tax Collector $ 5,000 d) Property Appraiser $10,000 e) County Commissioners $ 2,000 f) Supervisor of Elections $ 51000 The premiums for the bonds required by this ordinance are declared to be a public purpose payable out of County funds. Section2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. 5e9ion 4: The provisions of this ordinance shall be included and Incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 5. This ordinance shall take effect when a certified copy of this ordinance has been accepted by the postal authorities of the United States for special delivery by registered mail to the Secretary of State of the State of Florida in accordance with the provisions of Florida Statute 125.66(3). PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 13th day of December, 2000. Mayor George Neugent yes Commissioner Charles McCoy yes CommissionerMurray Nelson yes tgmmisslonerDixie Spehar yes missioner Nora Williams L yes BOARD OF COUNTY COMMISSIONERS L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA 0.;7 jai - - - - /, ems_ erk Mayor/Cha jdordboccbond$ CHAPTER 98-34 r P Senate Bill No. 222 An act relating to public officers and employees; amending ss. 18.01, 19.14, 20.23, F.S.; eliminating bond requirements for the Treasurer, the Commissioner of Agriculture, and the comptroller of the Depart- ment of Transportation; amending s. 20.05, F.S.; allowing the head of an executive department to require bonds for officers or employees of the department and to set the amount of the bond and approve the bond; amending s. 20.32, F.S.; allowing the Parole Commission to require bonds for employees, set the bond amount, and approve the bonds; amending s. 27.255, F.S.; authorizing state attorneys to re- quire bonds for full-time investigators and special investigators; amending ss. 28.01, 28.02, 28.09, 30.01, 30.02, 30.06, 30.09, 30.21, 40.35, F.S.; requiring bonds and the filing of bonds with the clerk of the circuit court as determined by the board of county commissioners for the clerk of the circuit court, clerks ad interim, sheriffs, and deputy sheriffs; providing requirements for bonds when sheriffs are appointed to fill vacancies; clarifying the liability of sureties; amend- ing ss. 48.021, 98.015, F.S.; eliminating bond requirements for spe- cial process servers, and supervisors of elections; amending s. 113.07, F.S.; eliminating the requirement for public officials to file a surety bond as a prequalification to holding office or performing duties; amending s. 115.03, F.S., relating to elected officers' duties; clarifying that any required bonds remain in effect for the remainder of a term of office; allowing for the deputy to give a bond; amending, s. 137.01, F.S ; eliminating the bond requirements for county offi- cers,- allowing the board of county commissioners to require county; officers to give a bond. set the amount of the bond; and approve the; bond; requiring, the filing of bonds with the clerk of the, circuitcourt: instead of the Department of State; amending s. 137.02 F.S.; elimi- nating the bond requirements for tax. collectors:, requiring, bond, as - determined by the board of county commissioners; eliminating the requirement that the Department of State approve the: bond; amend ing s. 137.03, F.S.; eliminating. the bond requirement for property appraisers; requiring bond as determined by the board of county, commissioners; amending s 137.04, F.S.; eliminating the bond re- quirement for county commissioners requiring bond as determinecf by the board,, eliminating the requirement that the Department of State approve the bond amending s. 137.05, F.S', relating to the examination requirements of bonds of county officers by the county, commissioners; removing the examination criteria for sureties; re- moving the required report of impaired bonds by the county commis- sioners to the Governor amending s. 240.268, F.S.; eliminating the bond requirement for university police officers; allowing the univer- sity to require a bond, set the amount of the bond, and approve the bond; amending s. 240.38, F.S.; eliminating the bond requirement for community college police officers; allowing the community col- lege to require a bond, set the amount of the bond, and approve the bond; amending s. 242.343, F.S.; eliminating the bond requirement 1 CODING: Words stAken are deletions; words underlined are additions. Ch. 98-34 LAWS OF FLORIDACh. 98-34 DE* The cost of the premium on such bond must shag be paid out of the General Revenue Fund of the state or out of the county or out of the various districts, depending upon the class in which such officer belongs. Lf intheevent any excess premium over the base premium rate is sheakWbe charged in the procurement of the bonds --w4ad for-, such excess premium PagsA shall be paid by the individual officer or official. Section 19. Section 115.03, Florida Statutes, is amended to read: 115.03 Appointment of deputy; bond. —Before applying for a sash leave of absence as above mentioned, the such officer shall appoint a capable and competent deputy to take over and perform the duties of the office, and any_ the bond required of the such officer must remain shall h in full force during the remainder of his or her term of office„ ' Such deputy may shall be required to furnish pod and s,.:fici bond in a sum of not more than one-half of the amount of the bond of the officer appointing him or her as such deputy, for the faithful performance of such duties. Section 20. Section 137.01, Florida Statutes, is amended to read: 137.01` Bonds required by the board of county commissioners for county- au� dU,1UL„iL ur, uie° gong:: me ooara or county commissioners maX consider the amount of money or property like y to be in custody of the county officer at: any one time The bond of each, of the county officers: of; whom a bond is s shall be required must by lawshall-- hafara is appFW@d by -.4 of CCU an be filed with the clerk of the circuit co and appr.aye by the D@p +t. en,,- „r St tla Section 21., Section 137.02, Florida Statutes* is amended to read: 137.02 Bond of tax collector: —The tax collector of each county shall give bond as required in by the board of county commissioners of the respective county, specifically conditioned to account duly and faithfully for all taxes collected by; the tax collector. In fixing the said bond the board of county commissioners may consider shall: take late " slder- d the amount of money likely to bein the custody of, the collector at any one time. Section 22. Section 137.03 Florida. Statutes, is amended to read: 137.03` Bond, of property appraisers. —Thee county, property appraiser shall give a bond as required- the amol unt "fhich Ah:a1lbe fixed by the board of county commissioners In fixing the amount of the said bond, the board of county commissioners may: 11 CODING: Words SLAkeR are deletions; words underlined are additions. Ch. 98-34 LAWS OF FLORIDA Ch. 98-34 consider shall take *++g Gensidecatigil the amount of money likely to be in the custody of the property appraiser at any one time. Section 23.; Section 137.04, Florida Statutes, is amended to read: 137.04- County commissioners to give bond. —Each and- countys commissioner of th;•tea rounues A}^*he state, whether elected or ap- pointed to such office t must sill-be-�. qwi 8 give a good a su ffi _ ` bond authaAzed under- the Qt te statee€89Ar conditioned for the faithful performance of the duties�of his or her office as required, Huh;^h bond chmil h -' by the board of county - commissioners and the Dep ent The premium of the bonds:: given must surety eemp pAes s " be paid out of the county> treasury. Section 24. Section 137.05 Florida Statutes, is amended: to read:. 137.05' Duty of boards of county commissioners. —The board of county commissioners of each county the vaFlous equFAjes 9f the shall at thew regular meetings meeting in January and June of'each year examine carefully as to the sufficiency of bonds of the county officers, of their resper, s,, and if, it has by reason of death, ,ass�gpm@FA, or any of the surages ga the beads Of they reason, to. believee that the sufficiency of My said bond has become impaired, it must Safi at once require°the,, guGh officer ege€fise * to execute and file with the proper officer a new bond for the same amount and bond. =:_under the same: conditionsashis or her former, Section 25. Subsection (4) of section 240.268, Florida Statutes, is amended to read: 240.268 University police officers.— (4) University police must &haft meet the minimum standards estab- lished by the Criminal Justice Standards and Training Commission and chapter 943. Each police officer shall, before entering into the performance of his or her duties, take the oath of office as established by the university; and the university may obtain and approve a shall enter- into good and suffie4eat bond on each officer, payable to the Governor and his or her successors in office, autho conditioned on th faithful performance of the duties of such university police officer. !he uni- e versify may determine the amount of the bond In determining the amount of the bondthe university may consider the amount of money or proper likely to be in the custody of the officer at any one time The university shall provide a uniform set of identification credentials for each university police officer. Section 26. Subsection (4) of section 240.38, Florida Statutes, is amended to read: 12 CODING: Words stf4lEea are deletions; words underlined are additions. Peters -Katherine From: Sid Webber [sid.webber®interisk.net] Sent: Friday, December 21, 201211:42 AM To: Shillinger-Bob Cc: Slavik-Maria; Peters -Katherine Subject: Faithful Performance Bonds for County Commissioners Bob, As a follow up to our telephone conversation, the State Legislature amended Florida Statute §137.04 in 1998 from requiring all county commissioners to purchase a Faithful Performance Bond to making it an election of the County Board. It is my understanding that Monroe County Commissioners still purchase bonds as required prior to 1998. It is believed that such bonds provide minimal benefits for the following reasons. 1) The bonds will only be triggered if the Board Member fails to `faithfully perform' the duties of their office. The term •faithfully perform' is not defined by the bond. It is therefore believed that perfecting a claim under such a bond would be difficult. 2) If coverage under a Faithful Performance Bond can be perfected, it is uncertain as to the damages that the County could claim. 3) It is believed that the bonds as they are currently written would pay any Bond proceeds to the Governor of the State of Florida; not the County. 4) The maximum amount payable under the bond would be $2,000. 5) It is believed that the County is adequately protected for the Board Member's actions either under the County's Public Officials Liability coverage or the County's Employee Dishonesty coverage. It is therefore recommended that Monroe County not adopt a resolution to require its Board Members to purchase a Faithful Performance Bond. Sid Interisk Corporation 1111 N. Westshore Blvd Suite 208 Tampa Florida 33607 (813) 287-1040 1 Peters -Katherine From: Slavik-Maria Sent: Wednesday, December 26, 2012 3:47 PM To: Peters -Katherine Cc: 'Sid Webber'; 'Roxana Pierce; Shillinger-Bob Subject: RE: County Officers Bonds - Can you please provide the costs per year to the County for all five commissioners and the constitutionals that purchase bonds? Need to include in our agenda item. Thanks Heather Carruthers - 12112112-12110113 - Public Official Bond $344.42-Bond Amount $2,000 Sylvia Murphy- 11/15112-11/15/14-$182.34-Bond Amount $2,000 Danny Kolhage-11120112-11120116-$344.42 David Rice-11/16/10-11116/14-$358.55-$2,000 George Neugent-1113110-1113114-$343.40 Danise Henriquez-Tax Collector-1/7/12-1/7/13-Public Official Bond- $455.85 Amy Heavilen-Clerk-1/8/13-1/8/17- $445.72 These are all the ones that have come through my office. The total cost to the county was $1,947.94 Let me know if 1 can be of further assistance. I will be out of the office Thursday and Friday. Have a very Happy New Year. W.U'a .4 Sfauid, �i /iZ R6d /ttdsxGriebratdr The "10 C aato C40f FM" t 100 :'Jo W t , St Cot : u14t 2.26e {.y Want FlWdaf 3040 Office 305,295.3178 Fax 305-295-3179 stavik-maria®manroecowty-fl aov Page 1 of 1 Tamara Snider From: Belle Desantis [idesantis@monme-derk.com] Sent: Thursday, March 26, 20091 *20 PM To: Penny Kipp; Jerry Eskew; Sheryl Graham; Alison Trivette; Ernie Coughlin; Sylvia Murphy; Beth Leto; CBBH Auditors; Connie Cyr, Denise Henriquez; Debbie Frederick; Dona Merritt; Donna Hanson; Ervin Higgs; George Neugent; Jackie Clynes; Katherine Peters, Kim Nystrom; Laura Deloach-Hartle; Maria Fernandez Mayra Tezanos; Vladimy Pierre Louis; Salome McIntosh; Stacy DeVane; Suzanne Hutton; Tamara Lundstrom; Tamara Snider; Terry Marble; Terry Markham; Tina Boan; Val Marinello; Villlage of Islands; Mario DiGennaro; Lee Rohe; Sherry Joan; Heather Carruthers; Kim Wigington Subject: Emailing: March1S.2009, February27.2009 Attached please find the BOCC minutes from the special meeting of February 27, 2009 and regular meeting of March 18, 2009. Should you have any questions, please feel free to contact my office. Thank You, Isabel DeSantis Deputy Clerk (305) 295-3130 �Z �'Jzj e /' - �PprG�`te `* i 4/23/2009 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, March 18, 2009 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Marathon Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Mario DiGennaro, Commissioner Sylvia Murphy, Commissioner Kim Wigington, and Mayor George R. Neugent. Also present were Roman Gastesi, County Administrator, Debbie Frederick, Assistant County Administrator, Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public. Roman Gastesi, County Administrator arrived later in the meeting. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner DiGennaro and seconded by Commissioner Wigington granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of the Employee Service Award for the month of December 2008, to Kenneth Lohlein, Senior Maintenance Technician, Florida Keys Marathon Airport. Presentation of Mayor's Proclamation declaring the month of March 2009 as American Red Cross Month. BULK APPROVALS Motion was made by Mayor Neugent and seconded by Commissioner Carruthers granting approval of the following items by unanimous consent: Board granted approval for Class Act Cleaning to provide janitorial service for the new Terminal Building at the Key West International Airport on a month to month basis, commencing February 13, 2009, pending a contract amendment for additional services. Board granted approval of award of bid to Tri-Tech Construction & Design, Inc. for the Runway Obstruction Clearing Project at the Key West Airport, and authorized execution of same. 67 following individual addressing the Board: Ron Miller, representing the Upper Keys ' Citizen's Association. Motion was made by Commissioner Wigington and seconded Commissioner Murphy to approve Staff recommendation of denial. Motion carried y unanimously. . F STAFF REPORTS Growth Management - Drew Trivette, Growth Management Director discussed a request by the U.S. Census Bureau concerning a proposed modification to census tract number 9710 Long Key to Key Colony Beach. MONROE COUNTY SHERIFF DEPARTMENT The Board discussed a request for the BOCC waiver of the Sheriffs bond requirement. Mike Rice, Bureau Chief addressed the Board. Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of the waiver. Motion carried unanimously. COMMISSIONERS' ITEMS The Board discussed Commissioner Caruthers' item concerning direction and possible action regarding Higgs Beach. Commissioner Carruthers indicated for the record that a public meeting is being held at Higgs Beach on Saturday, March 21, 2009 from 9 AM to 12 Noon. No official action was taken. The Board discussed Commissioner Carruthers' items concerning direction and possible action regarding the fee structure for limousine services operating from Key West International Airport and direction and possible action regarding the fee structure for "Greet & Go" parking fees at the Key West International Airport. The following individual addressed the Board: Rudy Krause. Danny L. Kolhage, Clerk of Courts and Peter Horton, Airports Director discussed the matter. No official action was taken. The Board discussed Commissioner DiGennaro's item concerning the appointment of Ed Swift to the Monroe County Affordable Housing Advisory Committee to fill specified District 4 category of "residing within County jurisdiction". After discussion, motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro granting approval of the item. Motion carried unanimously. COUNTY ADMINISTRATOR Roman Gastesi, County Administrator referred the Board to the written monthly activity report for February, 2009. James Callahan, Fire Chief updated the Board concerning a policy for Trauma Star. BOARD OF COUNTY COMMISSIONERS •�UU AGENDA ITEM SUMMARY Meeting Date: ?�(�- KL Division: Monroe County Sheriffs Office Bulls Item: Yes X No Staff Contact PersomPhone #: Tamara Snider / 292-7092 AGENDA ITEM WORDING: Before 1998, the law required sheriffs and many other public officers to have surety bonds conditioned upon the "faithful discharge" the duties of their offices. Sections 30.01, 30.02, and 30.09, Fla. Stat., were subsequently amended to let each Board of County Commissioners decide whether the Sheriff must post a bond and in what amount. Currently, the BOCC requires a $15,000 bond. The bond premium must be paid from the General Fund of the County. §113.07, Fla. Stat. The cost in FY05 was $340.00 — based on a 4-year term (Attachment 41). The Sheriff requests that the BOCC waive the bond requirement. The additional protection is insignificant compared to the professional liability coverage maintained by the Sheriff and BOCC. (See Attachment # 2 for Sheriffs coverage limits.) The recurring cost of the Sheriffs bond can be eliminated from the County budget. ITEM BACKGROUND: Transaction will be reported on the Sheriffs FYE09 budget. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Recommended TOTAL COST: S15.000.00 BUDGETED: Yes X ` No _ COST TO COUNTY: 0 SOURCE OF FUNDS: Sheriffs Budget REVENUE PRODUCING: Yes _ No 7 WOUNT PER MONTH Year APPROVED BY: County AttyAasi*4Risk Management DOCUMENTATION: Included _7 _ Not Required DISPOSITION: AGENDA TI'EM # � " __3 Revised 11/06 BOARD OF COUNTY C OIL MISSI LINERS AGENDA ITEM SUMMARY Meeting Date: 1 / 16/ 13 -- IOW Division: County Attorney, Bulk item: Yes No xx Staff Contact Person/Phone #: Bob Shillin er 292-3470 AGENDA ITEM WORDING: Discussion regarding the County's current practice requiring County Commissioners and Constitutional Officers to purchase Elected Officials Bonds and direction to staff. ITEM BACKGROUND: Florida Statute 137.05 requires each County Commission to examine the sufficiency of the bonds for their County officers every January and June. This statute affords each Commission the discretion to determine if their current bonds are sufficient, and to require a new bond if the Commission has reason to believe that any of the current bonds have become impaired. By way of background, in 1998 the Legislature dropped the requirement for mandatory Public Official Bonds and vested each County Commission with the discretion to continue the practice. In 2000, the BOCC adopted Ordinance No. 0 55-2000, which required bonds in the following amounts: a) Clerk of the Circuit Court - $ 51000 d) Property Appraiser - $iGt000 b) Sheriff - $15,000 e) County Commissioners - $ 2,000 c) Tax Collector - $ 51000 fl Supervisor of Elections - $ 59000 In 2009, the BOCC voted to drop the bond requirement for the Sheriff because he had more comprehensive coverage through his insurance policy. Some commentators view these types of bonds as an antiquated form of insurance in light of more comprehensive policies that governments, including Monroe County, routinely purchase. In short, the protections afforded by these bonds are thought to be redundant and not as broad as is provided elsewhere through insurance policies. Other counties have discontinued the practice of requiring bonds and instead purchased a rider for protection against official and employee dishonesty. The County's risk management consultant has opined that the County is adequately protected for the Commissioner's actions through its insurance policies. PREVIOUS RELEVANT BOCC ACTION: 12/13/00 BOCC adopted Ordinance No. 055-2000; 3/18/09 BOCC voted to waive the bond requirements for the Sheriff. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Staff seeks direction to draft an amendment to Ordinance 055- 2000 setting forth the minimum insurance requirements that a Public Officer will need to purchase in order to be relieved from the obligation to post a bond. TOTAL COST: Cost to pjjEchase bonds INDIRECT COST: BUDGETED: Yes No COST TO COUNTY: Approx. $1,948.per year SOURCE OF FUNDS. REVENUE PRODUCING: ,Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty X OMBIPurchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 1/09 Board of County Commissioners AN ORDINANCE OF THE HOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DECLARING THAT AN EMERGENCY EXISTS AND WAIVING NOTICE BY A FOUR= FIFTHS VOTE; PROVIDING FOR THE AMOUNTS OF THE BONDS REQUIRED OF THE CONSTITUTIONAL OFFICERS AND DECLARING THAT THE PREMIUMS FOR SUCH BONDS ARE A PUBLIC PURPOSE AND MAY BE PAID FOR WITH COUNTY FUNDS; PROVIDING FOR SEVERABI ,ITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE Q,AT .- - WHEREAS, a recent amendment to Chapter 137, Florida Statutes, requires the Board of County Commissioners to establish, by ordinance, the amount of the bonds required of the Tax Collector, Property Appraiser, Supervisor of Elections, and County Commissioners; WHEREAS,, the recently amended respective chapters of the Florida Statutes applicable to the Sheriff, and Clerk of the Circuit Court also now require that the Board establish by ordinance the amounts of their bonds; and WHEREAS, due to the recent election it is necessary to immediately establish the amounts of the bonds for the constitutional officers; now, therefore : G v •-r, > ►iJ ''' o -Wz: BE IT ORDAINED BY THE BOARD of COUNTY COMMISSIONERS 4F$O OEE-n3 COUNTY, FLORIDA: cC-)- CO Section 1. An emergency is hereby declared and notice waivd6. b a urn fifths vote. r• C, 01 rn Co G7 Section 2. Pursuant to Chapters 137, 28, and 30, Florida Statutes, the Board hereby requires the following constitutional officers to give bond, conditioned for the faithful performance of the duties of his/her office, in the following amounts: a) Clerk of the Circuit Court $ 51000 b) Sheriff $15j,000 c) Tax Collector $ 51000 d) Property Appraiser $10F000 e) County Commissioners $ 21000 f) Supervisor of Elections $ 5,000 The premiums for the bonds required by this ordinance are declared to be a public purpose payable out of County funds. Section Z. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shah not be affected by such invalidity. Section. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. The provisions of this ordinance shall be included and incorporated in the code of Ordinances of the County of Monroe, Florida. as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 5. This ordinance shall take effect when a certified copy of this ordinance has been accepted by the postal authorities of the United States for special delivery by registered mail to the Secretary of State of the State of Florida in accordance with the provisions of Florida Statute 125.85(3). PASSED AND ADOPTED by the Board of county commissioners of Monroe County,, Florida, at a regular meeting of said Board held on the 13 th day of December, 2000. Mayor George Neugent Yes Commissioner Charles McCoy yes Comm issionerMurray Nelson yes mmissionerDixie Spehar yes missioner Nora Williams yes b ► BOARD OF COUNTY COMMISSIONERS Y L.KOLHAGE, clerk OF MONROE COUNTY, FLORIDA eputy jeferk Mayor/ Cha Jdordboccbond$ APpRpGA AS TO FOR Y. A ROBER tL32L-SU DATE BRANCH OFFICE 3117 OVERSUS HIGHWAY MARATHON, FLOMDA 33054 TEL (305) 28%-6027 FAX (30.5) 229--1745 30annp I. Rotba"siA CLERK OF THE CM= COURT MONROE COUNTY 5oo wiunMHEAD STRM KEY war, FLORIDA 33040 TEL (305) 292-M FAX (3 5) 295-3660 January S, 2001 Mrs. Liz Cloud, Chief Bureau of Administrative Code & Laws The Elliott Building 401 S Monroe Street Tallahassee FL 32399-0250 Dear Mrs. Cloud, Enclosed please find a certified copy of the following ordinance: BRANCH OFFICE 8882.E OVERSEAS HIGHWAY PLANTA71ON KEY, FLORMA 330M TEL (305) SM-7145 FAX (305) W 714b No. 055-2000 deelaring that an er terg noy exists and waiving notice by a four-fift vote; providing for the amounts of the bonds required of the Constitutional officers and declaring t1W the premiums for such bonds are a public purpose and may be paid for with County Funds; providing for severability; providing for the -repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Oulinances; and providing an effective date. This ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Mfg in formal session on December 13, 2000. Please file for record. Danny L. K.olhage Clerk to Circuit Court and ear ofcio Clerk to the Board of County Commissioners by: Pamela G. ck eputy derk Cc: Board of County Commissioners Sheriff County Administrator w/o documents Tax Collector County Attorney Property Appraiser Supervisor of Elections Municipal Code File %/ aLL OM c2owe 2 P. 2E El • � o EL o L r ❑❑❑r V I M �= d ❑❑ a , m v- _ c �• u�7 0 ■ EHf; � C m C I m t r ` 4w Co ' 9.0 ° CM ca .v mr Z5 %V 2: 0 j i's LU E=0� ■ ci CO EEava� m � ■ ■ ■ cq _ m 4wUo ------------------------- j 0 9 9 9 --------------------------------------f 1* _ xa8:a, :_ ? . ..a ....... 8�j jifudc - w �� �� �►►II80 P83vWSe'H 'P" C3 PeJ� d Wed 0�I}dye�b 3uaweslvpu3i Ln 0, 4f 20 L-j eB d L-j Ln (POPIAOjd 350J&AOOa3UUjtjStjjo/V. . ■ ■ r aDlAAOS ed F i I m �ee���_so.r�4 - -- a#. —dam s=� Su1P1! ng uol113 ,� .. ------- kL' � _■ - + Ord _ oIN --- ��5 �-� o to nBein .�, 4 iuPdIV "ma Im BIv w 9"AVo6 adPO1 � C3 tPealr"d 1,uewesropu3j "� tiDM�Pe Vd p (Pwlbed suOuxmOPu3) C3 H ee-13dte�! wed v d � IS 3 efisp Ln Ep DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Division of Adninistrative Services Division of Corporations Division of Cultural Affairs Division of Electioas Division of Historical Resources • Division of Library and Information Services' tam Division of Ucensing MEMBER OF THE FLORMA CABINET LT nIDTDA I'%EP EDIT f]F STA'T`E Kat'herine Harris Secretary of State DIVISION OF ELECTIONS January 16, 2001 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Ivey west, Florida 33040 Attention: Pam Hancock, Deputy Clerk Dear Mr. Kolhage: MSTORIC PRESERVATION BOARDS Historic Florida Keys Preservation Board Historic Palm Beach County Preservation Board Historic Pensacola Ptcservation Board Historic St. Augustine Preservation Board Historic Tallahs ce Preservaaon 'Board Historic Tampaa iilsborough County Preservation Beard RINGLING MUSEUM OF ART Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated January 8, 2001 and certified copy of Monroe County Ordinance No. 055-2000, which was Bled in this office on January 12, 2001. LClmp Sincerel , Liz Cloud, f Bureau of Administrative Code ��- �• c f, � rn 1<0 .z > rrl BUREAU OF ADMINISTRATIVE CODE The Elliot Building ■ 401 South Monroe Street ■ Tallahassee, Florida 32399-0250 ■ (850) 488-8427 FAX: (850) 488-7869 9 WWw Address: http://www.dos.state.n.us ■ E-Mail: election @mail.dos.state,ft.us CHAPTER 98-34 Senate Bill No. 222 An act relating to public officers and employees; amending ss. 18.01, 19.149 20.239 F.S.; eliminating bond requirements for the Treasurer, the Commissioner of Agriculture, and the comptroller of the Depart- ment of Transportation; amending s. 20.05, F.S.; allowing the head of an executive department to require bonds for officers or employees of the department and to set the amount of the bond and approve the bond; amending s. 20.32, F.S.; allowing the Parole Commission to require bonds for employees, set the bond amount, and approve the bonds; amending s. 27.255, F.S.; authorizing state attorneys to re- quire bonds for full-time investigators and special investigators; amending ss. 28.01, 28.029 28.099 30.01, 30-027 30.00, 30.099 30.21, 40.35, F.S.; requiring bonds and the filing of bonds with the clerk of the circuit court as determined by the board of county commissioners for the clerk of the circuit court, clerks ad interim, sheriffs, and deputy sheriffs; providing requirements for bonds when sheriffs are appointed to fill vacancies; clarifying the liability of sureties; amend- ing ss. 48.021, 98.015, F.S.; eliminating bond requirements for spe- cial process servers, and supervisors of elections; amending s. 113.07, F.S.; eliminating the requirement for public officials to file a surety bond as a prequalification to holding office or performing duties; amending s. 115.03, F.S., relating to elected officers' duties; clarifying that any required bonds remain in effect for the remainder of a term of office; allowing for the deputy to give a bond; amending s. 137.01, F.S.; eliminating the bond requirements for county offi- cers; allowing the board of county commissioners to require county officers to give a bond, set the amount of the bond, and approve the bond; requiring the filing of bonds with the clerk of the circuit court instead of the Department of State; amending s. 137.02, F.S.; elimi- nating the bond requirements for tax collectors; requiring bond as determined by the board of county commissioners; eliminating the requirement that the Department of State approve the bond; amend- ing s. 137.03, F.S.; eliminating the bond requirement for property appraisers; requiring bond as determined by the board of county commissioners; amending s. 137.04, F.S.; eliminating the bond re- quirement for county commissioners; requiring bond as determined by the board; eliminating the requirement that the Department of State approve the bond; amending s. 137.05, F.S., relating to the examination requirements of bonds of county officers by the county commissioners; removing the examination criteria for sureties: re- moving the required report of impaired bonds by the county commis- sioners to the Governor; amending s. 240.268, F.S.; eliminating the bond requirement for university police officers; allowing the univer- sity to require a bond, set the amount of the bond, and approve the bond; amending s. 240.38, F.S.; eliminating the bond requirement for community college police officers; allowing the community col- lege to require a bond, set the amount of the bond, and approve the bond; amending s. 242.343, F.S.; eliminating the bond requirement CODING: Words Q t rl'& a R are deletions; words underlined are additions. Ch. 98-34 LAWS OF FLORIDA Ch. 98-34 for campus police of the Florida School for the Deaf and the Blind; allowing the board of trustees to require a bond, set the amount of the bond, and approve the bond; amending ss. 250.10, 266.00001, 266.0013, F.S., and repealing s. 252.55 (5), F.S.; eliminating bond requirements for the state quartermaster appointed by the Adjutant General, the Florida wing commander of the Civil Air Patrol, and members of the historic preservation board; authorizing the Depart- ment of State to require and approve a bond for members of historic preservation boards; amending s. 284.41, F.S.; eliminating the cov- erage for trust funds by the public official bond of the Treasurer and Insurance Commissioner; amending s. 320.03, F.S.; allowing the Department of Highway Safety and Motor Vehicles to require a bond of tax collectors; amending s. 372.04, F.S.; eliminating the require- ment for the Director of the Game and Fresh Water Fish Commis- sion to give a bond; allowing the Game and Fresh water Fish Com- mission to require a bond of employees, to determine the amount of the bond, and to approve the bond; amending s. 388.131, F.S.; elimi- nating the bond requirement for the board of commissioners of mos- quito -control districts; allowing the Department of Agriculture and Consumer Services to require a bond; amending s. 440.50, F.S.; eliminating the requirement for the Treasurer and Insurance Com- missioner to give a bond related to his or her duties as custodian of the Workers' Compensation Administration Trust Fund; amending s. 443.191, F.S.; eliminating the liability on the Treasurer's and Insurance Commissioner's official bond for duties as custodian of the Unemployment Compensation Trust Fund; amending s. 443.211, F.S.; eliminating the liability on the Treasurer's and Insurance Commissioner's official bond for duties in connection with the Em- ployment Security Administration Trust Fund; amending s. 523.22, F.S.; eliminating the requirement that the Legislature provide for premiums for the bonds of all naval store inspectors; amending ss. 561.0519 570.0739 570.09, 570.11, 582.0559 F.S.; eliminating bond requirements for the director and employees of the Division of Alco- holic Beverages and Tobacco of the Department of Business and Professional Regulation and for certain employees of the Depart- ment of Agriculture and Consumer Services; repealing s. 17.01, F.S., which requires the Comptroller to give a bond; repealing s. 17.19, F.S., which requires the Comptroller to annually examine the bonds of state officers and report insufficiency of bonds to the Governor; requiring the Governor to require a new bond; holding the Comptrol- ler liable to the state for any loss sustained due to failure to examine the bonds; providing for recovery of loss by suit; repealing s. 113.05, F.S., which prohibits the Governor from issuing commissions to per- sons required by law to give bond until the execution, approval, and filing of the bond; repealing s. 137.06, F.S., which provides that the failure of a county officer to file a new bond is misfeasance, requires the Governor to suspend the officer and appoint a successor, and makes an officer impeachable for failure to give a new bond; repeal- ing s. 137.07, F.S., which provides liability of the Comptroller and county commissioners to the state and county for failure to perform duties under s. 17.19, F.S., or s. 137.05, F.S.; repealing s. 213.04, 2 COI]ING: words rarikare deletions; words underlined are additions. Ch. 98-34 LAWS OF FLOREDA Ch. 98-34 F.S., which requires the executive director of the Department of Revenue to give a bond; repealing s. 229.501, F.S., which requires the Commissioner of Education to give a bond; repealing s. 281.09, F.S., which requires bonding for the officers and agents of the Divi- sion of Capitol Police; repealing s. 32 1.08, F.S., which requires cer- tain officers and employees of the Department of Highway Safety and Motor vehicles to give a bond; repealing s. 523.11, F.S., which requires the supervising inspector of naval stores to give a bond; providing applicability; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 18.01, Florida Statutes, is amended to read: 18.01 Bond of Treasurer. The Treasurer shall, within 10 days before he or she enters upon the duties of office, n V � ���� - + �� —ire +ha r1� Arent surevx t:n trz . insur-er- :authnri7ad ...ansaa Ohl sQi n the And a3ualiflad Cnr thia f • • ■ , ! • take an subscribe an oath or affirmation faithfully to discharge the duties of office,, which hand and, oath or affirmation must be deposited with the Depart- ment of State. The Treasurer shall also file; s 1 * Jr9 with the Department of State of a certificate from the Comptroller attesting; that the retiring Treasurer has turned over vouchers for all payments made as required by law, and that the Treasurer's account has been truly credited with the same, and that he or she has filed receipts from his or her successor for all vouchers paid since the end of last quarter, and for balance of cash, and for all bonds and other securities held by the Treasurer as such, and a certificate from each board of which he or she is made by law ex officio Treasurer, that he or she has satisfactorily accounted to such board as its Treasurer.-t1ha- bu r.3.1zh'r-r-as rZI . Section 2. Section 19.141, Florida Statutes, is amended to read: 19.14 Bond and oath of office. The Commissioner of Agriculture shall, before he or she enters upon the duties of office, aiup han-d ��h nand r%ac �riti, n.& IF %- i take the oath of office prescribed by the constitution of the state. Section 3. Subsection (4) is added to section 20.05, Florida Statutes, to read: 20.05 Heads of departments; powers and duties. 3 CODING: words strii.k,aea are deletions; words underlined are additions. Ch. 98-34 LAWS OF FLOREDA Ch. 98-34 4) Each head of a department, may require any officer or employee of the de artment to Zive a bond for the faithful erformance of his or her duties. The head of a department may determine the amount of the bond and must approve the bond. In determining the amount of the bond, the head of the department may consider the amount of money or prperty_lkely to be in custody of the officer or employee at any one time. The premiums for the bonds must be paid out of the funds of the department. Section 4. Paragraph (1) of subsection (3) of section 20.23, Florida Stat- utes, is amended to read: 20.23 Department of Transportation. There is created a Department of Transportation which shall be a decentralized agency. (3) (i) 1. The secretary shall appoint a comptroller who is responsible to the Assistant Secretary for Finance and Administration. This position is exempt from part II of chapter 110. 2. The comptroller is the chief financial officer of the department and must s be a proven, effective administrator who by a combination of education and experience clearly possesses a broad knowledge of the admin- istrative, financial, and technical aspects of a complex cost -accounting sys- tem. The comptroller must also have a working knowledge of generally accepted accounting principles. At a minimum, the comptroller must �1 hold an active license to practice public accounting in Florida pursuant to chapter 473 or an active license to practice public accounting in any other state. In addition to the requirements of the Florida Fiscal Accounting Man- agement Information System Act, the comptroller is responsible for the development, maintenance, and modification of an accounting system that V V & A-a,will in a timely manner accurately reflect the revenues and expendi- tures of the department and that includes a cost - accounting system to properly identify, segregate, allocate, and report de- partment costs. The comptroller shall supervise and direct preparation of a detailed 30-month forecast of cash and expenditures and is responsi- ble for managing cash and determining cash requirements. The comptroller shall review all comparative cost studies that whi examine the cost- effectiveness and feasibility of contracting for services and operations per- formed by the department. The review must s state that the study was prepared in accordance with generally accepted cost -accounting standards applied in a consistent manner using valid and accurate cost data. • : . R 3.4. The department shall by rule or internal management memoranda as required by chapter 120 provide for the maintenance by the comptroller of financial records and accounts of the department as will afford a full and complete check against the improper payment of bills and provide a system 4 CODING: words are deletions; words underlined are additions. Ch. 98-34 LAWS OF FLORIDA Ch. 98-34 for the prompt payment of the just obligations of the department, which records must at all times disclose: a. The several appropriations available for the use of the department; b. The specific amounts of each such appropriation budgeted by the de- partment for each improvement or purpose; c. The apportionment or division of all such appropriations among the several counties and districts, when such apportionment or division is made; d. The amount or portion of each such apportionment against general contractual and other liabilities then created; e. The amount upended and still to be expended in connection with each contractual and other obligation of the department; f. The expense and operating costs of the various activities of the depart- ment; g. The receipts accruing to the department and the distribution thereof; h. The assets, investments, and liabilities of the department; and i. The cash requirements of the department for a 36-month period. 4.5-. The comptroller shall maintain a separate account for each fund administered by the department. 5. The comptroller shall perform such other related duties as designated by the department. Section 5. Subsection (3) is added to section 20.32, Florida Statutes, to read: 20.32 Parole Commission. (3) The commission may require any employee of the commission to give a bond for the faithfulyerformance of, his or her duties. The commission may determine the amount of the bond and must approve the bond. In determin- in& the amount of the bond, the commission may consider the amount of money or prop rty likely to be in custody, of the officer or employee at any one time. The premiums for the bonds must be paid out of the funds of the commission. Section 6. Subsection (4) of section 27.255, Florida Statutes, is amended to read: 27.255 Investigators; authority to arrest, qualifications, rights, immuni- ties, bond, and oath. (4) Any full-time investigator employed by the state attorney and any special investigator appointed by the state attorney pursuant to the provi- sions of s. 27.251 shall, before entering into the performance of duties, take and file the oath as prescribed in s. 5, Art. II of the State Constitution. The 5 CODING: words are deletions; words underlined are additions. Ch. 98-34 LAWS OF FLOR DA Ch. 98-34 state attorney may require any full-time investigator employed by the state attorney or any s ecial investigator appointed by the state attorney pursu- ant to the provisions of s. 27.251 to give a bond , conditioned on the faithful performance of the investi a- tor's duties ' , Section 7. Section 28.01, Florida Statutes, is amended to read: 28.01 Bond of circuit court clerks, small counties. In each county of the state; having a population of 150,000 or less according to the last state census, the clerk of the circuit court shall, .a era ha — - r �rrzinna give bond as re uired ' , by the board of county commissioners of the county; and-hisT%2342hla t:n t1ha Cnuar"nr nf tha sztAtp ■ r 1 n effice -u+k . . ant GoUntu . to be filed with the clerk of the circuit court and be condi- tioned upon the faithful discharge of the duties of office. Section 8. Section 28.02, Florida Statutes, is amended to read: 28.02 Bond of circuit court clerks, large counties. —In each county of the state, having a population in excess of 150,000 according to the last state census, the clerk of the circuit court shall, , give bond as required ' ' 000-nor- more , by the board of county commissioners of the r county • , • f to be filed with the clerk of the circuit court and be i conditioned upon the faithful discharge of the duties of office. Section 9. Section 28.09, Florida Statutes, is amended to read: 28.09 Clerk ad interim. In the case of vacancy occurring in the office of a clerk of the circuit court by death, resignation, or other cause, the judge of that court shall appoint a clerk ad interim, who shall assume all the responsibilities, perform all the duties and receive the same compensation for the time being as if he or she had been duly appointed to fill the office; and the clerk shall give such bond and security for the faithful performance of duties as re uired by the board cif county commissioners �. Section 10. Section 30.01, Florida Statutes, is amended to read: 30.01 Bond of sheriffs; small counties. In each county of the state, hav- ing a population of 150,000 or less according to the last state census, the sheriff shall, , give bond as required by the board of county commissioners of the county, or- me • Meknt • • r 6 CODING: words are deletions; words underlined are additions. Ch. 98-34 LAWS OF FLOREDA Ch. 98-34 to be filed with the clerk of the circuit court and be "' 'conditioned upon the faithful dis- charge of the duties of his or her office. when a sheriff is appointed to fill a vacancy a bond may not be a prerequisite to succession in office; however, if the countv commission requires a bond for the office of sheriff the commis- sion shall allow a period of 10 days after the effective date of the appoint- -. ._. ment in which the bond may b e provided. Section 11. Section 30.02, Florida Statutes, is amended to read: 30.02 Bond of sheriffs; large counties. --In each county in the state; hav- ing a population in excess of 150,000 according to the last state census, the sheriff shall, �a��,ra bei oan^em, Y�,;0 ate, give bond as rewired ; a=:a jt_ w1hr ! ! f 'Irjr by the board of county commissioners, to be filed with � d 2nmrnua the clerk of the circuit court and be nnj,a-t���o= c:; :xT& handWI.F Conditioned upon the faithful discharge of the duties of his or her office. when a sheriff is appointed to fill a vacancya bond may not be a prerequisite to succession in office; however, if the countv commission re uires a bond for the office of sheriff the commis- sion shall allow, a period of 10 da ys after the effective date of the appoint- ment in which the bond may be provided. Section 12. Section 30.06, Florida Statutes, is amended to read: 30.06 Liability of sureties. The sureties if anv. are b..e liable for all fines and amercements imposed upon the principal, or sheriff. Section 13. Section 30.09, Florida Statutes, is amended to read: 30.09 Qualification of deputies; special deputies. (1) BOND, SURETIES, PERFORMANCE OF SERVICES. (a) Each deputy sheriff who is; appointed as. shall ha ran i red to give bond as re aired by. the board of county commissioners. iLnL,, thALiLe man Ir ScIps• The f amount of the bond and the bond must be approved by the board of county commissioners. The bond must be filed with the Clerk of the Circuit court and be, conditioned upon the faithful performance of the duties of his or her office. A deputy sheriff may not perform any services as deputy until he or she subscribes 85hall- to the oath now prescribed for sheriffsuntil Sureties are liable for all fines and amercements imposed upon their principal. (b) The board of county commissioners of any county to accept a blanket surety bond issued by a solvent surety company author- ized to do business in this state, conditioned upon the faithful performance of the duties of the deputy sheriffs appointed by a sheriff, in a sum 7 CODING: words are deletions; words underlined are additions. Ch. 98-34 LAWS OF FLORIDA Ch. 98-34 to be fixed by -the boardy _ of countcommissioners of :WnM �+ 1o8 + n&& sr Ift%) . If such a blanket surety bond is accepted, individual surety bonds for each deputy sheriff are not necessary. The cost of the blanket bond must s ha& %2.0&1.1 be laid by the appropriate sheriff's department. Tha 2f^rp- Sureties are liable for all fines and amercements imposed upon their principals under the provisions of the blanket bond, (2) SURETY COMPANIES. —The requisite of two sureties and justifica- tion of same does not apply when uxhann surety is by a solvent surety company authorized to do business in this state. (3) LIABILITY OF SHERIFF. The giving of such bond by a deputy does a not '.7 relieve the sheriff of the liability for the acts of his or her deputies. (4) EXCEPTIONS. This section does not apply to the appointment of special deputy sheriffs appointed by the sheriff, (a) On ol ®r+i^, daus, To attend elections on election dam. (b) To perform undercover investigative work. (c) For specific guard or police duties in connection with public sporting or entertainment events, not to exceed 30 days: or for watch or guard duties, when serving in such capacity at specified locations or areas only. (d) For special and temporary duties, without power of arrest, in connec- tion with guarding or transporting prisoners. (e) To aid in preserving law and order, or to give necessary assist- ance in the event of any threatened or actual hurricane, fire, flood, or other natural disaster, or in the event of any major tragedy such as an airplane crash, train or automobile wreck, or similar accident. (f} To raise the power of the county, by calling bystanders or others, to assist in quelling a riot or any breach of the peace, when ordered by the sheriff or an authorized general deputy. (g) To serve as a parking enforcement specialist pursuant to s. 316.640(2). The appointment of a special deputy sheriff in any such circum- stance, except with respect to paragraph (g), may be made with full powers of arrest when 1Arha .Wee- the sheriff considers such appointment reasonable and necessary in the execution of the duties of his or her office. Except under circumstances described in paragraphs (a), (e), (0, and (g), the appointees must possess at least the minimum requirements estab- lished for law enforcement officers by the Criminal Justice Standards and Training Commission. The appointment of any such special deputy sheriff must shy be recorded in a register maintained for such purpose in the sheriffs office, showing the terms and circumstances of such appointment. 8 DDI3O: words are deletions; words underlined are additions. Ch. 98-34 LAWS OF FLOREDA ch. 98-34 (5) REMOVAL FOR VIOLATION. —A violation of this section subjects Shall :Q3 ' the offender to removal by the Governor. Section 14. Section 30.21, Florida Statutes, is amended to read: 30.21 Failure to pay over money. If any sheriff fails to collect or pay over fines, fees, costs, or other moneys adjudged to the state which he or she has been by proper process directed to collect, the sheriff forfeits s aw ' his or her commissions and also is be liable for to a fine of $50, to be recovered by motion before the circuit court, after 10 days' notice, and the sheriffs sureties. if any, are s I also be liable for the amount of such moneys upon his or her bond as sheriff. Section 15. Subsection (2) of section 40.35, Florida Statutes, is amended to read: 40.35 Accounting and payment to the State Courts Administrator. (2) If a anu such clerk of the court fails to account for and pay over promptly the balance of all moneys sG paid him or her, the sureties if anvp on a e clerk's official bond are h-e liable and responsible for same; and the State Courts Administrator shall report to the Governor and the Comptroller any failure on the part of the clerk of the court to report and faithfully account for any such moneys. Section 16. Paragraphs (b), (c), and (d) of subsection (2) of section 48.021, Florida Statutes, are amended to read: 48.021 Process; by whom served. (2) (b) A person applying to become a special process server shall: 1. Be at least 18 years of age. 2. Have no mental or legal disability. 3. Be a permanent resident of the state. 4. Submit to a background investigation that inclu&s:-- ` �e the right to obtain and review the criminal record of the applicant. 5. Obtain and file with the application a certificate of good conduct that, specifies there is no pending criminal case against the applicant and that there is no record of any felony conviction, nor a record of a misde- meanor involving moral turpitude or dishonesty, with respect to the appli- cant within the past 5 years. 6. Submit to an examination testing the applicant's knowledge of the laws and rules regarding the service of process. The content of the examina- tion and the passing grade thereon, and the frequency and the location at which the examination is offered must be prescribed by the sheriff. The examination must be offered at least once annually, y 9 CODING: words are deletions; words underlined are additions. Ch. 98-34 LADS OF FLORIDA Ch. 98-34 f hand shall e 7©1diWa ann, 1211XI « 7.9. Take an oath that the applicant will honesty, diligently, and faith- fully exercise the duties of a special process server. (c) The sheriff may prescribe additional rules and requirements directly related to subparagraphs b L-7. . . regarding the eligibility of a person to become a special process server or to have his or her name maintained on the list of special process servers. (d) An applicant who completes the requirements of Ste+ fa%F.4h i this section must be designated as a special process server provided that the sheriff of the county has determined that the appointment of special process servers is necessary or desirable. Each special process server must shy be issued an identification card bearing his or her identification num- ber, printed name, signature and photograph, and an expiration date. Each identification card must shall be renewable annually upon proof of good standing�,� . Section 17. Subsection (1) of section 98.015, Florida Statutes, is amended to read: 98.015 Supervisor of elections; election, tenure of office, compensation, custody of books, office hours, successor, seal; appointment of deputy super- visors; duties. (1) A supervisor of elections shall be elected in each county at the general election in each year the number of which is a multiple of four for a 4-year term commencing on the first Tuesday after the first Monday in January succeeding his or her election. Each supervisor shall, before performing any of his or her duties, take the oath prescribed in s. 5, Art. H of the State constitution V jrj ' Section 18. Section 113.07, Florida Statutes, is amended to read: 113.07 Bond by surety company; when required. (1) when public officials, not honorary, either state, county or district, are , required to post fidelity or performance bonds, aU such bonds must be written by surety compa- nies authorized by law to do business in the state. (2) The provisions of this law do not apply to deputy sheriffs, nota- ries public, or special process servers appointed to serve process under the provisions of s. 48.021. • . r ch:all ha . 10 CODING: Fords are deletions; words underlined are additions. Ch. 98-34 LAWS OF FLORIDA Ch. 98-34 033 �* The cost of the premium on such bond must be paid out of the General Revenue Fund of the state or out of the county or out of the various districts, depending upon the class in which such officer belongs. If eye any excess premium over the base premium rate is charged in the procurement of the bonds ,such excess premium must be paid by the individual officer or official. Section 19. Section 115.03, Florida Statutes, is amended to read: 115.03 Appointment of deputy; bond. Before applying for a soh leave of absence above men. +�eQ, the officer shall appoint a capable and competent deputy to take over and perform the duties of the office, and �r bond required of the officer must remain in full force during the remainder of his or her term of office_, ;r ditinn ttg why Such deputy mLay � be required to furnish bond in a sum of not more than one-half of the amount of the bond of the officer appointing him or her as such deputy, for the faithful performance of such duties. Section 20. Section 137.01, Florida Statutes, is amended to read: 137.01 Bonds required by the board of county commissioners for county officers. Each board of county commissioners may by ordinance require any coup jy officer to give bond, conditioned for the faithful performance of the duties of his or her office. The amount of the bond and the bond must 41 be approved by the board of county... commissioners. In determining the amount_ of the bond the board of coon commissioners ma consider the amount of mongy or 12roperty likely to be in custody of the coon officer at apy one time. The bond of each of the county officers of whom a bond is be required must ' ■ r r naftef be filed with the clerk of the circuit court . Section 21. Section 137.02, Florida Statutes, is amended to read: 137.02 Bond of tax collector. The tax collector of each county shall give bond as required rin-iarsi.-im to ha fl by the board of county commissioners of the respective county, 91 3hilact %AR to amount and--suretiz This specifically conditioned to account duly and faithfully for all taxes collected by the tax collector. In fixing the s bond the board of county commissioners may consider ' the amount of money likely to be in the custody of the collector at any one time. Section 22. Section 137.03, Florida Statutes, is amended to read: 137.03 Bond of property appraisers. The county property appraiser shall give a bond as required, by the board of county commissioners . In fixing the amount of the bond, the board of county commissioners mar 11 CODING: Words are deletions; words underlined are additions. Ch. 98-34 LAWS OF FLORIDA Ch. 98-34 consider_ -� the amount of money likely to be in the custody of the property appraiser at any one time. Section 23. Section 137.04, Florida Statutes, is amended to read: 137.04 County commissioners to give bond. Each county commissioner , whether elected or ap- pointed to such office ' ,must ��� ve. Ejuirzed to give a geed , 814fArCiont bond +ham t;yq c1,a+ -- — . Of �, 0, conditioned for the faithful performance of the duties of his or her office as required�� h�11 Liz�nnrnuad by the board of county commissioners :and to nan:ar The premium of the bonds given must ` be paid out of the county treasury. Section 24. Section 137.05, Florida Statutes, is amended to read: 137.05 Duty of boards of county commissioners. The board of county commissioners of each county Go ties Qf the state shall at its regular meetings n4e ti.R.a in January and June of each year examine carefully as to the sufficiency of bonds of the county orucers e their- Fe �a C-O U R � , and if it has ' AnAl of the of " reason to believe that the sufficiency of bond has become impaired, it must rC.h.elt shall at once , require the s� officer ^r nffi r-arQ to execute and file with the proper officer a new bond for the same amount and; under the same conditions as his or her former bond. Section 25. Subsection (4) of section 240.268, Florida Statutes, is amended to read: 240.268 University police officers.-- (4) University police must meet the minimum standards estab- lished by the Criminal Justice Standards and Training Commission and chapter 043. Each police officer shall, before entering into the performance of his or her duties, take the oath of office as established by the university; and the university may obtain and approve a =-tenter iM.L to %2.4 abe of d 2 n bond on each officer, payable to the Governor and his or her successors in office, , ' %JL - -, in this I jrat�%x tharagn,con itioned on the faithful performance of the duties of such university police officer. The uni- versity may determine the amount of the bond. In determininp, the amount of the bond, --the university may consider the amount of money or property likely to be in the custody of the officer at any one time. The university shall provide a uniform set of identification credentials for each university police officer. Section 26. Subsection (4) of section 240.38, Florida Statutes, is amended to read: 12 IIN words Qtrjklan are deletions; words underlined are additions. Ch. 98-34 LAWS of FLORIDA Ch. 98-34 240.38 Community college police. (4) Community college police must meet the minimum standards estab- lished by the Police Standards and Training, Commission of the Department of Law Enforcement and chapter 943 for law enforcement officers. Each community college police officer must, before entering into the performance of his or her duties, take the oath of office established by the community college. Each community college that employs police officers mqy shall ob- tain and approve a surpety bond on each police officer, conditioned upon the officer's faithful performance of his or her duties, which bond must be in thaae Glint , payable to the Governor. The communfty college ma determine the amount of the bond. In determining the amount of the bond the community colle a may consider the amount of money or property likely to be in the custody of the officer at any one time ' %-# %_J 1%.. %^ %,% %.JLft W A. &W-0 %.. %.& %-%.v %'IL %' %" %46%"""' .The community college shall provide a uniform set of identifying credentials to each commu- nity college police officer it employs. Section 27. Subsection (4) of section 242.343, Florida Statutes, is amended to read: 242.343 Florida School for the Deaf and the Blind campus police. (4) The campus police must meet the minimum standards established by the Criminal Justice Standards and Training Commission of the Depart- ment of Law Enforcement and chapter 943 for law enforcement officers. Each campus police officer must, before entering into the performance of the officer's duties, take the oath of office established by the board of trustees. The board of trustees ma @.1117 obtain and approve a surety bond on each campus police officer, conditioned upon the officer's faithful performance of the officer's duties, which bond must be in.. payable to the Governor. The board of trustees may determine the amount of the bond. In determining the amount of the bond, the board may consider the amount of money or property likely to be in the custody of the officer at any one time band r"Urzt: The board of trustees must smell provide a uniform set of identify- ing credentials to each campus police officer it employs. Section 28. Subsection (5) of section 250.10, Florida Statutes, is amended to read: 250.10 Appointment and duties of the Adjutant General. (5) The Adjutant General shall employ a federally recognized officer of the Florida National Guard as the state quartermaster who under the direc- tion of the Adjutant General is Sb..adl accountable for all funds accruing to the Department of Military Affairs and shall; receive, preserve, repair, issue, distribute, and account for all Department of Military Affairs prop- erty includin #�r� a real estate pertaining to the State Armory Board., and shall; construct, maintain, improve, and repair facilities pertaining to the Department of Military Affairs and the armory board,; The state quar- termaster will be the recorder of the armory board and will perform such other duties as may be required of him or her by the Adjutant General;-@ 13 CODING: Words are deletions; words underlined are additions. Ch. 98-34 LAWS of FLOREDA ch. 98-34 • Section 20. Subsection (2) of section 266.00001, Florida Statutes, is amended to read: 266.00001 Historic preservation boards of trustees; authority of Depart- ment of State. (2) The boards are placed under the administrative supervision of the Division of Historical Resources of the Department of State. The department may quire members of the board !appointed aprovided in s. 266.0013 to give a bond. .. Section 30. Subsection (4) of section 266.0013, Florida Statutes, is amended to read: 266.0013 Board; membership; terms of office; compensation; expenses; bond; removal. (4) The members of the board, including the chair, may not receive com- pensation for their services but are entitled to be reimbursed for per diem and travel expenses incurred in the performance of their official duties as members of the board, subject to the provisions and limitations of s. 112.061. . . f . Section 31. Subsection (5) of section 252.55, Florida Statutes, is repealed. Section 32. Section 284.41, Florida Statutes, is amended to read: 284.41 'Transfer of personnel and funds to the Division of Risk Manage- ment; ! • � (1) All personnel and funds otherwise allocated to the Department of Insurance for this purpose are hereby transferred to the Division of Risk Management. (2) The administration of parts I, II, and III of this chapter is shams a function of the Division of Risk Management. • Section 33. Subsection (2) of section 320.03, Florida Statutes, is amended to read: 320.03 Registration; duties of tax collectors; International Registration Plan. 14 CODING: words are deletions; words underlined are additions. Ch. 98-34 LAWS OF FLORIDA Ch. 98-34 2) The department may_ re a each tax collector ' to give a bond, payable to the department, conditioned that the tax collector faithfully and truly perform the duties imposed upon him or her according to the requirements of law and the rules and regula- tions of the department and that the tax collector 1441*xxelLar,�t:Fu tr pay over and account for all validation stickers, records, and other property and money that comes Yxr jc 0), into his or her possession or control by reason of such service. The amount of the bond is to be determined by the department based on an amount not more than 10 percent above the average of the daily deposits of each tax collector. Section 34. Section 372.04, Florida Statutes, is amended to read: 372.04 Director of commission. The commission shall appoint, fix the salary of, and at pleasure remover a suitable person, not a member of the commission, as director. The director must be reimbursed for travel and other expenses incurred in the discharge of her or his official duties. The commission may require any emioloyee of the commission to laive a bond for the faithful performance of his or her duties. The commission ma determine the amount of the bond and must approve the bond. In determin- ink the amount of the bond, the commission may consider the amount of money or propeM likely to be in custody of the officer or em to ee at an one time. The- rerniums for the bonds must be paid out of the funds of the commission. The ' i ' ' director shall maintain her or his headquarters and reside in Tallahassee. Section 35. Section 388.131, Florida Statutes, is amended to read, 388.131 Commissioners; bond. The department may require each commissioner, before he or she assumes office, to give the Commissioner of Agriculture araifficiant �atu bond in the cif !U COG the cost thereof being borne by the district, conditioned on the faithful performance of the duties of his or her office. The, ' bond must tG be approved and filed in the same manner as a bond ' of the board of county commissioners. The failure of any person to make and file the required bond within 10 days after his or her election creates ,mil create a vacancy on they board. Section 36. ,Subsection (2) of section 440.50, Florida Statutes, is amended to read; 440.50 Workers' Compensation Administration Trust Fund. (2) The Treasurer is authorized to disburse moneys from such fund only when approved by the division and upon the order of the Comptroller.e r_Y jgtnA; 2" of ju j rrrfi 3" r4 -ass 15 CODING: Wordsstrika are deletions; words underlined are additions. Ch. 98-34 LAWS OF FLORIDA Ch. 98-34 Section 37. Subsection (2) of section 443.191, Florida Statutes, is amended to read: 443.191 Unemployment Compensation Trust Fund; establishment and control.. (2) The Treasurer is shall the ex officio treasurer and custodian of the fund and shall administer the fund in accordance with the directions of the division. All payments from the fund must be approved by the division or by a duly authorized agent and must be made by the Treasurer upon warrants issued by the Comptroller, except as hereinafter provided. The Treasurer shall maintain within the fund three separate accounts: (a) A clearing account; (b) An Unemployment Compensation Trust Fund account; and (c) A benefit account. All moneys payable to the fund, including moneys received from the United States as reimbursement for extended benefits paid by the division, upon receipt thereof by the division, must be forwarded to the Treasurer, who shall immediately deposit them in the clearing account. Refunds pay- able under s. 443.141 may be paid from the clearing account Upon warrants issued by the Comptroller , After clearance all other moneys in the clearing account must be immediately deposited with the Secretary of the Treasury of the United States to the credit of the account of this state in the Unemployment Compensation Trust Fund established and maintained under S. 904 of the Social Security Act, as amended, any provisions of the law in this state relating to the deposit, administration, release, or disbursement of moneys in the pos- session or custody of this state to the contrary notwithstanding. The benefit account shall consist of all moneys requisitioned from this state's account in the Unemployment Compensation Trust Fund. Except as h 40 otherwise provided, moneys in the clearing and benefit accounts may be deposited by the Treasurer, under the direction of the division, in any bank or public depository in which general funds of the state may be deposited, but no public deposit insurance charge or premium may all be paid out of the fund. If any warrant issued against the clearing account or the benefit account is not presented for payment within 1 year after issuance thereof, the Comptroller must cancel the same and credit without restriction the amount of such warrant to the account upon which it is drawn. when the payee or person entitled to any warrant so canceled requests payment thereof, the Comptroller, upon direction of the division, must issue a new warrant therefor, to be paid out of the account against which the canceled warrant had been drawn. a jr Section 38. Subsection (1) of section 443.211, Florida Statutes, is amended to read: 16 CODING: Words 854:rik..,en are deletions; words underlined are additions. Ch. 98-34 LAWS OF FLORIDA Ch. 98-34 443.211 Employment Security Administration Trust Fund; appropria- tion; reimbursement. 1 ) EMPLOYMENT SECURITY ADMINISTRATION TRUST FUND. There is created in the State Treasury a special fund to be known as the "Employment Security Administration Trust Fund." All moneys that which are deposited into this fund remain continuously available to the division for expenditure in accordance with the provisions of this chapter and do shy not lapse at any time and mgy not or be transferred to any other fund. All moneys in this fund which are received from the Federal Government or any agency thereof or which are appropriated by this state for the purposes described in ss. 443.171 and 443.181, except money received under s. 443.191(5) (c), must l be expended solely for the purposes and in the amounts found necessary by the authorized cooperating federal agencies for the proper and efficient administration of this chapter. The fund shall consist of all moneys appropriated by this state; all moneys received from the United States or any agency thereof; all moneys received from any other source for such purpose; any moneys received from any agency of the United States or any other state as compensation for services or facilities supplied to such agency; any amounts received pursuant to any surety bond or insurance policy or from other sources for losses sustained by the Employment Security Administration Trust Fund or by reason of damage to equipment or supplies purchased from moneys in such fund; and any proceeds realized from the sale or disposition of any such equipment or supplies which may no longer be necessary for the proper administration of this chapter. Notwithstanding any provision of this section, all money requi- sitioned and deposited in this fund under s. 443.191(5) (c) re- mains 8.211 re am part of the Unemployment compensation Trust Fund and must sal be used only in accordance with the conditions specified in s. 443.191(5). All moneys in this fund must be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as is provided by law for other special funds in the State Treasury. Such moneys must be secured by the depositary in which they are held to the same extent and in the same manner as required by the general depositary law of the state, and collateral pledged must sal be maintained in a separate custody account. All payments from the Employ- ment Security Administration Trust Fund must be approved by the division or by a duly authorized agent and must �I be made by the Treasurer upon warrants issued by the Comptroller. Any balances in this fund do sal not lapse at any time and must remain continu- ously available to the division for expenditure consistent with this chapter. . al hand for- the faithfiJ . . ■ 17 CODING: Words '� are deletions; words underlined are additions. Ch. 98-34 LAWS of FLORIDA ch. 98-34 Section 39. Section 5 2 3. 2 2, Florida Statutes, is amended to read: 523.22 Disposition of fees. All fees or other compensation collected by the supervising inspector, inspectors at large, and .inspectors of ports under the provisions of ss. 523.10, 523.13 and 523.18 must shy be deposited by the inspector collecting same with the State Treasurer and must be accounted for in the same way as are other state funds. The State Treasurer shall credit all such receipts to the General Revenue Fund and the Legisla- ture shall provide in its General Appropriations Act sufficient sums for salaries and expenses ' of all naval stores inspectors appointed under this chapter. Section 40. Section 561.051, Florida Statutes, is amended to read: 561.051 Reoorting requirements of director and e0mAnIalreeC0 4 The director of the division ' . Shall promptly report and remit to the Treasurer all taxes and fees collected by him or her hereunder and shall send co ies of the reports to the Comptroller. 7 Ggnditinnad use r • . Section 41. Section 570.09, Florida Statutes, is amended to read: 570.09 Assistant commissioner. The commissioner shall appoint an as- sistant commissioner of agriculture, who shall serve at the commissioner's pleasure. Before beginning the duties of the office, the assistant commis- sioner shall take and subscribe to the same oath of office as required of state officers in s. 5, Art. II of the Florida Constitution :and'hnnd :zr% The assistant commissioner shall be a person qualified by training and experience for the performance of the duties of the office. Section 42. Subsections (4) and (5) of section 570.073, Florida Statutes, are amended to read: 570.073 Department of Agriculture and Consumer Services, law enforce- ment officers. (4) R;ar-h domartMent I�ur anfar-r-ement nfflr h]; nI 3h 18 CODING: Fords sturiflken are deletions: words underlined are additions. Ch. 98-34 LAWS OF FLOREDA Ch. 98-34 AN� Each law enforcement officer in the state who is certified pursuant to chapter 943 has the same authority as law enforcement officers desig- nated in this section to enforce the laws of this state as described in subsec- tion (1). Section 43. Section 570.11, Florida Statutes, is amended to read: 570.11 Directors; oath of office. Before entering upon the duties of his or her office, each director of the department shall take and subscribe to the same oath of office as required of state officers by s. 5, Art. II of the Florida constitution, ' ` dutiarz of hisz or bar . Such oath must be filed with the Department of State. Section 44. Subsection (4) of section 582.055, Florida Statutes, is amended to read: 582.055 Powers and duties of the Department of Agriculture and Con- sumer Services; rules. (4) The department ' shall provide for an annual audit of the accounts of receipts and disbursements. Section 45. Sections 17.01, 17.19 113.05, 137.06, 137.07, 213.04, 229.501, 281.09,_ and 321.08, Florida Statutes and section 523. I L Florida Statutes3_as amended by, section 705 of chapter 97-103, Laws of Florida, ^art; repealed. Section 46. The provisions of this act do not affect a cause of action that accrued before the effective date of the act. Section 47. This act shall take effect July 1, 1998. Became a law without the Governor's approval April 30, 1998. Filed in Office Secretary of State April 29, 1998. 19 ODINWords rztrikaaare deletions; words underlined are additions. Peters- Katherine From: Sid Webber [sid.webber interisk.net] Sent: Friday, December 21, 2012 11:42 AM To: Shillinger-Bob Cc: Slavik-Maria; Peters -Katherine Subject: Faithful Performance Bonds for County Commissioners Bob, As a follow up to our telephone conversation, the State Legislature amended Florida Statute §137.04 in 1998 from requiring all county commissioners to purchase a Faithful Performance Bond to making it an election of the County Board. It is my understanding that Monroe County Commissioners still purchase bonds as required prior to 1998. It is believed that such bonds provide minimal benefits for the following reasons. 1 The bonds will only be triggered if the Board Member fails to "faithfully perform" the duties of their office. The term "faithfully perform" is not defined by the bond. It is therefore believed that perfecting a claim under such a bond would be difficult. 2 ) If coverage under a Faithful Performance Bond can be perfected, it is uncertain as to the damages that the County could claim. 3) It is believed that the bonds as they are currently written would pay any Bond proceeds to the Governor of the State of Florida; not the County. 4) The maximum amount payable under the bond would be $2,000. S} It is believed that the County is adequately protected for the Board Member's actions either under the County's Public officials Liability coverage or the County's Employee Dishonesty coverage. It is therefore recommended that Monroe County not adopt a resolution to require its Board Members to purchase a Faithful Performance Bond. Sid Interisk Corporation 1111 N. Westshore Blvd Suite 208 Tampa Florida 33607 (813) 287-1040 1 Peters -Katherine From: Sla►►ik-Maria Sent: Wednesday, December 26, 2012 3:47 PM To: Peters -Katherine Cc: 'Sid Webber'; 'Roxana Pierce'; Shillinger-Bob Subject: RE: County Officers Bonds - Can you please provide the costs per year to the County for all five commissioners and the constitutionals that purchase bonds? Need to include in our agenda item. Thanks Heather Carruthers - 12112112-12110113 - Public Official Bond $344.42-Bond Amount $2, Sylvia Murphy-11115112-11115114- 182.34-Bored Amount $2,000 Danny Kolhagre-11120112-11120116-$344.42 Da vid Rice- 11/16110-11116114-$358.55-$2, 000 George lie ugent-1113110-1113114- $343.40 Danise Henriquez-Tax Collector-1"17`11'2-11T113-Public Official Bond- $455,85 Amy Heavilen- Clerk- 118113,-118117., $445.72 These are all the ones that have come through my office. The foul cost to the county was $17947,94 Let rare know if 1 can be of further assistance. 1 will be out of the office Thursday and Friday. Have a very Happy New Year. V=c-a Z. S&Valk, 611171M 'a� Al . . The Historic Gato Cigar Fpctory 1100 'imonton Stroct. lointu 2 26P, Kuy Wog I, �F to �,wa 33040 Office 305 - 295-3178 Fax 305-295-3179 siavik-mania@ monroecounty-fl.gov Page 1 of t Tamara Snider From: Belle Desantis [idesanbs@mon me -dark, corn] Seat: Thursday, March 26, 2009 1:20 PM To: Penny Kipp; Jerry Eskew; Sheryl Graham; Alison Trive#te; Emie Coughlin; Sylvia Murphy; Beth Leto; CB&H Auditors; Connie Cyr, Danise Henriquez; Debbie Frederick; Dona Merritt; Donna Hanson; Ervin Higgs; George Neugent; Jackie Dlynes; Katherine Peters; Kim Nystrom; Laura Deloach-Hartle; Maria Fernandez; Mayra Tezanos; Vladirny Pierre Louis; Salome McIntosh; Stacy DeVane; Suzanne Hutton; Tamara Lundstrom; Tamara Snider, Terry Marble; Terry Markham; Tina Boan; Val Marinello; VillIage of islands; Mane DiGennaro; Lee Rohe; Sherry Joan; Heather Carruthers; Kira Wigington Sub]ect: Emailing: Marchl8.2009, February27.2009 Attached please find the BOCC minutes from the special meeting of February 27, 2009 and regular meeting of March 18, 2009. Should you have any questions, please feel free to contact my office, Thank You, Isabel DeSantis Deputy Clerk (305) 295-3130 t� J too (A so-00 Ale, WA i 4/23/2009 ES OF THE MONROE COUNTY BOARD of COUNTY COMMISSIONERS 47 �doy 94t56 4* see 2 Regular Meeting Board of County Commissioners Wednesday, March 18, 2009 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9: 0O A.M., at the Marathon Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Mario DiGennaro, Commissioner Sylvia Murphy, Commissioner Kim Wigington, and Mayor George R. Neugent. Also present were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator; Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public. Roman G aste si, County Administrator arrived later in the meeting. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner DiGennaro and seconded by Commissioner Wigington granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of the Employee Service Award for the month of December 2008, to Kenneth Lohlein, Senior Maintenance Technician, Florida Keys Marathon Airport. Presentation of Mayor's Proclamation declaring the month of March 2009 as American Red Cross Month. BULK APPROVALS Motion was made by Mayor Neugent and seconded by Commissioner Carruthers granting approval of the following items by unanimous consent: Board granted approval for Class Act Cleaning to provide janitorial service for the new Terminal Building at the Hey West International Airport on a month to month basis, commencing February 13, 2009, pending a contract amendment for additional services. Board granted approval of award of bid to Tri-Tech Construction & Design, Inc. for the Runway Obstruction Clearing Project at the Key West Airport, and authorized execution of same. following individual addressing the Board: Ron Miller, representing the Upper Keys Citizen's Association. Motion was made by Commissioner Wi •ngton and seconded 44� Commissioner Murphy to approve Staff recommendation of denial. Motion carried , unanimously. STAFF REPORTS Growth Management - Drew rTrivette, Growth Management Director discussed a request by the U.S. Census Bureau concerning a proposed modification to census tract number 9710 Long Key to Ivey Colony Beach. MONROE COUNTY SHERIFF DEPARTMENT The Board discussed a request for the BOCC waiver of the Sheriffs bond requirement. Mike Rice, Bureau Chief addressed the Board. Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of the waiver. Motion carried unanimously. COMMSSIONERS' ITEMS The Board discussed Commissioner Carruthers' item concerning direction and possible aeon regarding Higgs Beach. Commissioner Carruthers indicated for the record that a public meeting is being held at Higgs Beach on Saturday, March 21, 2009 from 9 AM to 12 Loon. No official action was taken. The Board discussed Commissioner Carruthers` items concerning direction and possible action regarding the fee structure for limousine services operating from Key West International Airport and direction and possible action regarding the fee structure for "Greet & biro" parking fees at the Ivey West International Airport. The following individual addressed the Board: Rudy Krause. Danny L. Kolhage, Clerk of Courts and Peter Horton, Airports Director discussed the matter. No official action was taken. The Board discussed Commissioner DiGennaro's item concerning the appointment of Ed Swift to the Monroe County Affordable Housing Advisory Committee to fill specified District 4 category of "residing within County jurisdiction". After discussion, motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro granting approval of the item. Motion carried unanimously.. COUNTY ADDM GSTRATOR Romanastesi, County Administrator referred the Board to the written monthly activity report for February, 2009. James Callahan, Fire Chief updated the Board concerning a policy for Trauma Star. BOARD OF COUNTY COMMISSIONERS 3)1 gf a001 AGENDA ITEM SUNUMIARY Meeting Date: .1- I Division: M nr aun h s Office - ..,� Bulk Item: Yes X No Depatttnent: BW= of AdMai 'on Staff Contact Person/Phone #: Tamara Snider / 292-7092 AGENDA ITEM WORDING: Before 1998, the law required sheriffs and many other public officers to have surety bonds conditioned upon the "faithful discharge, the duties of their offices. Sections 3 0. 01, 3 0. 02, and 30.09, Fla. Stat., were subsequently amended to let each Board of County Comnnissioners decide whether the Sheriff must post a bond and in what amount. Currently, the BOCC requires a $15,000 bond. The bond premium must be paid from the General Fund of the County. § 113.07, Fla. Stet. The cost in FY05 was $340.00 — based on a 4-year term (Attachment # 1). The Sheriff requests that the BOCC waive the bond requirement. The additional protection is insignificant compared to the professional liability coverage maintained by the Sheriff and BOCC. (See Attachment # 2 for Sheriffs coverage limits.) The recurring cost of the Sheriff s bond can be eliminated from the County budget. ITEM BACKGROUND: Transaction will be reported on the Sheriffs FYB09 budget. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREF31ENT CHANGES, None STAFF RE COMMENDATIONS: Recommended TOTAL COST: $15x000.00 BUDGETED: Yes No COST TO COUNTY: 0 SOURCE OF S: Sheriff s Budget REVENUE PRODIICING: Yes _ No AMOUNT PER. MONTH Year APPROVED BY: County Atty J /Purchas' Risk Management DOCUMENTATION: Included X DISPOSIT ON: Revised 11106 Not Required AGENDA ITEM # .�. Hoag 6077 �i Boee� �a 4.110491 Shmix P 9U 57117-UT7 ' � VV6 eve Dsh: (OW �4M5O aa1 estem S urlo - 1 STATE OF FLORA 70$ galgLvm+� #16tsirine Harris . 14ppx+o� 01 at ate: % IU C��i - F1�aacid�AA._ BOND y OF . WmMM +Sift of rmids,-■• ' W., as v, ' am Wma pater • • a�ao , is 4 • a" millsellm. johift Jaw �MON OF OULMTM is.. WdK War. as 1 it do of .• - [] -Ohm id oft* � rto bold �di.ra ` 1 q�d.aap11 jag li ip the �!'and'�,,�ewa ads a#F�olda. - - ' • - - ■ PI . ' AD W OMAL) POMPANY; slir y - . lei ss- th#nivisp, siOM ells 480 81108-6703 • 1 • , Y f AMU" NaMyl ■ • 1 e • • ,■ i' ' �.• ' 1 TJ Turmr , r ■ boidAoc ilpmixm r } Western Surety Company POWER OF ATTORNEY 11'V` ALL MEN BY THE PRESENTS: ' That WESTERN SURM Y COMPANY, a oarpar I, an arp�#zed and � udder its of the St �- DakaW . W4. a : A ao q� to do" In the Stetmi of } Aku*At Arena, C bmda, aA De10ne, '01 at of Colu � e, Fdd. �lo, Hwat i I11nob, In r , 1�twa, �, . LmWW*W MmkW MAryinW. memachumft, M ' �Qei�ra Minn xpbL We m@ Neel. Nays&6 Nmiw Mefpehlm, Now Jeraey, Now Mexico, New Ya1'1c, Nvrh CaardlM MOM Qhlo, 0dlihma, orspno P1nruylv0tls, Rhvdt Islond. South Cardho, South Dakatim, TenrtommW' Tome r i , WmhingUxL Wean VWrb, vvliu=e tt ► .jlom tp, and ffm Un S�tam ofAmsft, do" twreby moke, mW appo►tr�t S. ch Simm ]Falls • . . 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"m V03TERNRVY V Vww orw mgmnsm b be Wo eat end dead of uN Car ro 0 r Do KREL lob Expk+■s 30, PabMa FLORIDA SHIOUFFS' SELF-INSURANCE FUND Hunt Insurance Group, LLC 3606 Maday Boulevard South, Tallahassee, FL 32312 Post ORlos Sox 12909, Tallahasaee, FL 32317 Talaphone: (850) 385-9636 or (80) 763-4868 Facsimile: (6S0) 30-2124 LAW ENFORCEMENT/PUBLIC OFFICIALS LIABILITY COVERAGE DECLARATIONS Certai --.Number. 09 Pk- 4-78 COVERED MEMBER: Monroe County Sheriffs Office 61 PRINCIPAL, ADDREW: 5525 College Rd,, Key Weak FL 33040.4307 8 HATE: 1, �B EXPIRA710H DATE: fiber �, D03 LEL REINSURANCE RETROACTIVE DAB: L REINSU E RMOACTIVE DATE: FIRa j 1 MILLI iN: 0CbWW 1■ :Lft5 SECQ�VNLm I ION: sober i,1988 THIRD MIL UON: sober 1,, 1928 OCTOBEER 1 r 1993 THIS DECLARATIONS PAGE IS ISSUED TO THE PARTICIPATING SHERIFF AND SHERIFFS DEPARTMENT OR OFFICE COVERED HEREUNDM AND TO IDEN11FY THE PERIOD OF COVERAGE AFFORDED. ALL TERMS, LIMITS, DEFINITIONS, REGULATIONS, CONDI"i'IONS, EXCLUSIONS, AND UMITATIONS OF THE APPLICABLE SELF-INSURANCE AGREEMENT WMCH ACMALLY AFFORDS COVERAGE BY VIRTUE OF PARTICIPATION IN THIS SELF-INSURANCE FUND BY THIS PARTICIPATING SHERIFF APPLIES. THIS CERTIFICATE DOES NOT INCREASE, AMEND, OR MODIFY THE CDARAGE OTHERWISE PFUMDED UNDER THE APPL OWLE SELF- INSURANCE FUND AGENT ATTACHED HERETO. THE LIMr 'S SET FORTH UNDER THIS AGREEMENT APPLY ONLY TO THE EKrWr THAT EXCESS LIMITS ARE COLLECTABLE FROM REINSURERS COVERING THIS AGREEMENT. IN CONSIDERATION OF THE PAYMENT OF THE CONlTRIBLMON AND IN R INCE UPON THE STATEMENT IN THE DECLARATIONS AND THE APPLICATION FOR COVERAGE HEREUNDER AND SUa3EC7 TO THE INSURANCE AGREEMENTS, aEFINI I S, EXCWSIONS, AND CONDITIONS OF THIS SELF-INSURANCE AGREEMENT, THE L14M OF LIABILITY AFFORDED FOR THE APPLICABLE PERIOD OF COVERAGE ARE AS .L 1 LAW ENFORCEMENT L NKUTr BUC OFFICIALS $3,100,000 Any One Person 2100,0M Any One Peron $3,200,000 Any One Inddent or Occurrence $5,000,000 Annual Aggregate Per M ber $5,000,400 Annual Aeonea-ate Per Member - High Nerd: 317 0 $950 $381alSO � Mum Hamad: 48 0 $550 $2e,400 Low Nm rid: 7.48 0 $271 = "420 vdu rCozen Patrale: o 0 $4 SuLow 6WRAWR bta! , TOTAL UAL. CONTRIBl1''I ON $394,758 SIGNED: • Bunt Insurance {gaup, L1.,C., Adminlo-M ator %"Wr FLORIDA SHERIFFS' SELF-INSURANCE FEND AGREEMENT `�' I. A GREEM NT WHEREAS, the Sheriffs of the State of Florida have been unable to procure adequate law enforcement professional liability insurance in the open market place; and WHEREAS, the, Sheriffs of the State of Florida hope to effect considerable savings of the funds they are currently expending to purchase liability insurance from private carriers by joining together and creating a self-insurance fund; and WHEREAS, the participants to this Agreement as duly aauthoxized and serving Sheriffs of their respective counties desire to self -insure against liability for their acts and the acts of their deputies and employees under the provisions of Chapter 768, Florida Statutes, as now in force or as hereafter amended; and WHEREAS, each of the participating Sheriffs is an agency or subdivision of the State of Florida as contemplated in Chapter 768, Florida Statutes; and WHEREAS, pursuant to the provisions of Chapter 111, Florida Statutes, as now in ford, the Sheriffs of the State of Florida are authorized to be indemnified and to indemnify their deputies and employees for civil suits arising out of the performance of their official duties; NOW, THEREFORE, the Sheriffs of the State of Florida participating in this Agreement '� do hereby create a self-insurance fund subject to the following terms, conditions and agreements. MEN 11. TERMS AND CONDMONS 1. The self-inswance plan and fund created by this Agreanent shall be known as the Florida Sheriffs' Self -Insurance Fund, (hereafter referred to as the FUND). 2. The FUND shall be subject to the control of the Sheriffs who participate in the FUND by subscribing to this Agreement and those Sheriffs who subsequently agree to participate in the FUD. 3, The day -to -clay operation of the FUND shalt be controlled by seven Sheriffs elected as Manager's by majority vote of the Sheriffs participating in the FUND, each of whom shall be elected for a staggered term of four years. Tenns of office sbail be staggered in such a manner that there shall be annual elections in January of two (2) Managers, except that in presidential years only one Manager be elected. 4. The Managers elected by a majority vote of the Sheriffs participating in the FUND shall serve at the will and pleasure of the majority of the Sher fps now or hereafter Find IM003 Page l of is participating in the FUND. Any Manager who shall fail to attend three consccutive meetings shall automatically be removed from such position. 5. The Managers may adopt, by majority vote of the entire Board of Managers, by- laws to govern the operation of the FUND. Upon the adoption of such by-laws by the Managers, they sball be subject to confirmation by a majority of the Sheriffs participating in the FUND present at the meeting. Said by-laws may be amended from time to time by the Managers and shad be subject to repeal, amendment .or modification by a majority of the participants in the FUND present at the meeting. 6. The Sheriffs participating in this Agreement and FAD shad meet not less than twice annually. The Chairman of the Managers may call such other meetings of the participants as he deems necessary upon such notice as he deems adequate. The Managers elected under this Agmernent shall meet upon the call of the Chairman. At any meeting of the participants or at any meeting of the Managers no votes shall be taken on any matter in the absence of a quorum A quorum shall consist of four (4) Managers present at the meeting. 7. Upon the death., legal incapacity or disability, resignation or removal of any Manager elected under the terms of this Agreement, a successor Manager may be elected by majority vote of the Managers then holding office, The successor Manager thus elected shall hold office until the next meeting of the Sheriffs participatiug in the FUND, at such time the action of the Managers in electing the successor Manager shall be either eonfumed by majority vote of the Sheriffs participating in the FUND or a different s=essor Manager shall be elected by a majority vote of the Sheriffs participating in the FUND. 8. The Managers elected by a majority of the Sheriffs participating in the FUND may appoint a Chairman„ vice -Chairman and such other officers and aomn ium as deemed necessary. Such committees wb�w appointed shall perform such functions as shall be deemed necessary and expedient by the Managers. 9-0 The Managers elected by a -majority of Ahe Sheriffs p *ipating in the FUND shall have the power, authority and duties set forth in this Agreement subject always to majority vote of the Sheriffs p"cipating herein. Further, the MmWers may, at their da action, contract with third parties, including but not limited to, administtrat+ors, accountants, actuaries and attorneys, and delegate such power, authority and duties set forth in this Agreement to said third parties, 10. The Managers shall have the authority to invest and reinvest any funds and to operate any property or business that shall come into their possession. 11. The Managers shall have the authority to make such purchases, for such prices, in such manner, and upon such other terms and conditions as the MMannagexs shall deem advisable, and to invest and reinvest in such securities, mortgages, insurance on the life of any person, leases, commodities, or other evidences of rights, interests or obligations, secured or unsecured, or such other property, real, personal or mixed as the Managers shall deem advisable. page 2of18 FhW IO/M 12. Tb e Managers shall have the authority to pay or reserve sufficient funds to pay all expenses of management and administration of the FUND, including the compensation of all authorized cmployees of the FUND, including consulting fees, legal fees, or any other fees and expenses deemed advisable by said Managers. 13. All the eights, powers, authorities, privileges and duties given to the Managers by this Agreement shall continue until amendment or termination of this Agreement as provided herein,, 14. This Agreement inay be amended from time to time by majority vote of the Sheriff then participating in the FUND. 15. This Agreement may be terminated at any time by majority vote of the Sheriffs then participating in the FUND, provided, however, that the assets accumulated by the FUND shall be invested upon revocation in such a manner as to provide for the present and fimue liabilities of the FUND pursuant to this Agreement. After payment of said liabilities and expenses, any excess funds remaining shall be disbursed, on a pro rata basis, to the Sheriffs participating in the FUND at the time the Agreement is revoked or terminated. 16. By a vote of five (5) of the seven (7) Managers elected pursuant to the terms of this Agreement an individual Sheriff may be removed from participation in this Agreement for cause at any time& 17. upon the voluntary or involuntary termination of a Sheriffs participation in Ns FUND, the Sheriff shall not be entitled to the refund of any monies paid into this FUND. 18. The Sheriffs participating in this FUND reserve to themselves by majority vote, all rights not specifically delegated to the Managers provided for in this document as it now exists or may h emaf ter be amended. 19. If a Sheriff participating in this FUND ceases to hold office, his succmor shall be automatically entitled to the benefits of this Agreement, subject to the same terms, liabilities and conditions as his predecmor. 20. This Agreement initially becarne effective on midnights September 30, 1978 with respect to these Sheriffs who orighWly subscribed to this Agreement prior to that date, and continues from year to year thereafter until terminated. Renewal of a Sheriffs participation in the FUND, or execution of a duplicate Agreement by a new participating Sher shall become effective each renewal year at 12:01 a.m., October 1, and shall be effective from that time undl 12 :01 a.m., October 1, of the following year. 21. Each Sheriff participating, in this FUND shalt yearly deposit with the Managers herein designated sums in accordance with the then effective rates, which rates may be changed by resolution of the Managers as may be necessary and desirable for the advancement of the FUND, subject to approval by majority vote of the Sheriffs participating in this FUND. The Page 3 of 119 Final I0/2Qa3 established amounts due sha.ii be paid not later than December 1 of each year, unless extended beyond that date in writing by a majority of the Managers. Fmlure to deposit said sums shall automatically preclude self-insurance benefits under this ,Agreement. 22. Each participating Sheriff shall yearly pay the sum specified in the preceding paragraph and shall yearly supply the Managers a current and accurate count of all Covered Members to be covered by the Fund. Failure of a Sheri to supply the information specified herein or to property list a Covered Member shall be grounds for the Managers denying the Sheriff and/or Covered Member any self-insurance benefits as to any claim for that year involving the Covered Member not properly listed with the Managers. 23. {Compliance by the Sheriff with all of the terms and conditions of this Agreement is a condition precedent to the receipt of benefits from the FUND. It is hereby understood and agreed that for the purposes of the ,giving or the receiving of notices provided for under the terms and conditions of this.Agreernent the Managers are author' d to act on behalf of the Sheriff 24. A Covered Member, upon knowledge of any occurrence which alight give rise to a claim hereunder, or upon receipt of a claim or a verbal or written inquiry or request for information relating to an occurrence which might give rise to a claim, shall give immediate written notice to the Managers or their designees and such notice shall be given within thirty (3 0) days from receipt of such infonwtion. This notice shah be f wxished prior to any information being provided to the potential claimant or their investigator or lawyer. Any Covered Member who receives or has served upon him a summons, complaint or other legal document or pleading relating to a claim against shall immediately notify the FUND of said summons, complaint or other legal document or pleading and immediately forward a copy of all documents received to the FLND. Any Covered Member against whore a claim is asserted shall cooperate fully and completely with. the FUND and/or counsel assigned by the FUND to defend such claim, shall confer with counsel upon reasonable request, shall furnish all information reumably requested by the FUND and/or counsel, and shall personally appear at all court proceedings when advised ca the FUND no later by&uriel. No�4f'i tioa .of clai•�in�qury €�r request should - be provided than thirty (30) days after said occurrence or receipt of the claim, inquiry or request. Notification. . of a summons, complaint or other legal document or pleading, and copies of any documents received, should be provided the FUM no later than five (5) days after receipt of the summons, complaint or other legal document or pleading. Notifcatlon in either event shall be in writing and shall be furnished to the FUND prior to any infformafion being provided to the potential claimant his investigator or Attomey. The time /units outlined are guidelines to be followed, although there may be excusable reasons why such a guideline cannot be met from time to time. In the event said guidelines are not met on specific claims, the failure to tamely report 'said claims may result in a reservation of rights as to coverage for those claims in the event the position of the FUND and defense of the clahns are jeopardized by said delay. Further, continued failure to meet reporting guidelines or to cooperate with defense counsel appointed by the FUND may result in denial of coverage and/or denial of payment of any benefits otherwise payable hereunder. Continual or inexcusable failure to meet reporting guidelines and failure to cooperate with defense counsel appointed by the FUND shall also be grounds for termination of a Sheriff from participation in the FUND. Per 4 of l8 Final 144003 GiPm& Ad&l WMiw A I MAMPOC 25. The Managers shall be permitted but not obligated to inspect the Sheriffs' property and operations at any time. Neither the Managers' right to make inspections, nor the making thereof, nor any report thereon, shall constitute an undertaking, on behalf of or for the benefit of the Sheriff or others, to detennine or warrant that such property or operations are safe. 26, The Managers may examine and audit the Sheriffs' books and records at any time during the time the Sheriff is participating in the FUND or receiving benefits therefrom and within four years after the final termination of this Agreement, as far as they relate to the subject matter of this Agreement. 27. Notice to any Manager or Covered Member participating herein or knowledge possessed by any such person or by any other person shall not effect a waiver or a change in any part of this Agreement or stop the FIND from asserting any right under the terms of this Agreement nor shall the terms of this Agreement be waived or changed, except by amendment. 2$. No Covered Member shall assign any rights under this Agreement absent specific written approval of the Managers. 29, If any person is a Covered Member at the time of an incident which later gives rise to a Claim covered under this Agreement and at the time the claim is made that person is no longer a Covered Member, is deceased and/or legally incapacita#cd, the coverage afforded by this Agreement shall extend to and apply to that former Covered Member or that person's estate as if the estate, the personal representative of the estate, and/or the guardian of the Covered Member and his property were Covered Members. 30, In the event of any payment under this Agreement, the Managers of the FUND shall be subrogated to all the Covered Mernbees rights of recovery therefore against any person or organization and the Covered Member shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Covered Member shall do nothing after loss to prejudice sudh rights. 31. It is agreed and understood that none of the Sbi pardcipating in this Agreement have any individual liability to the FUND or to the other participants of the FUND and that Sheriffs sole financial liability under this Agreement is linuted to deposit of the sums speciftcd in the applicable paragraph of this Agreemeent. It is further agreed and understood tbrlt each Sheriff participating in the FUND hereby releases the FUND, the other participants and the employees and agents of the FUND from any and ail flability for any and all acts except those specifically covered under this Agreement. The liability of the FUND undo r this Agre=ent is limited to the available assets of the FLWD and the FUND shall not be liable for any benefits to a Covered Member if assets of the FUND have been exhausted for any reason. 32. If any disagreement shall arise as to the amount or existence of any benefits due to a Covered Member under this Agreement, the Managers may refer the dispute to an arbitration committee appointed by a majority of the participating Sheriff's. The decision of said arbitration conunittee shall be advisory only and upon failure of either the Managers or the aggrieved page S of Is Final 103 G��xrda A�+�n tOQ3AQRaDG Sheriff' to accept the recommendation of the arbitration committee, the matter shall be brought before all participating Sberiffs for final resolution. Any such decision shall not be judicially reviewable. 33. It is agreed that the FUND and its attorneys will raise the defense of sovereign immunity to which a Covered Member may be entitled under Florida l aw as now in force or as hereafter in force. The FUND shall provide benefits under this Agreement subject to limits subsequently outlined in applicable excess or reinsuraaace agreements obtained by the FUND, which limits shall be defined each year by the FLU in its Coverage Declarations pages provided to FUND Members. It is understood and agreed that the limits set forth in any such Coverage Declarations pages apply only to the extent that coverage over and above the applicable self -insured retention of the FLTND is collectable from reinsurers or exams carriers covering over this Agreement 34. It is agreed and understood that once a Sheriff has agreed to participate in the FUND pursuant to the ter s of the preceding paragraphs, that he need only remain Current with premium payments in order to continue participating in the FUND, subject, however, to compliance with 4 other provisions of this Agreement. 3-5. It is specifically understood that duplicates of this Agreement are being prepared for execution by the participants and that the various duplicates small be treated as original and shall have the same force and effect as the signing of the original Agreement. 36. The FUND provides certain of its participating Sheriffs with Public officials coverage, the terms and conditions of which are outlined in an endomment attached hereto. The Coverage Declarations sheet provided each participant in the FUND upon renewal shall indicate whether that Sheriff is being provided. said Public officials coverage. 37. Notwithstanding anything to the contrary, provided in this Agreement, it is specifically understood that the. FUND shall not be liable -for more than $100,000.00 for defense costs and legal ixpenses for any claims brought against a fteriff arising out of jail or prison facility deficiencies or condition or other class action nits asking for corrections of such deficiencies or conditions in such jail or prison facility. Any amount expended hereunder shall not reduce the annual aggregate limit of any Sheriff'. HL DERNMONS 1. The fallowing definitions shall be applicable to this Agreement and the operation of the FUND: a) "Automobfle" means a land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any machinery or appa atus aottsched thereto. b) "Bodily XnjuiY' means bodily injury, sickness or disease sustained by any Pap 6 of Is Final 1012003 a: oOiAAttavc person, including death at any time resulting therefrom. R c) "Damages" includes damages for death and for care and loss of service resulting from bodily injury and damages for loss of use of property resulting from property damage. d) ``occurrence" means an accident or incident, including any continuous or repeated exposure to substantially the same general hannfW conditions, which happens initially during an annual agreement period and includes, in addition to the coverages more specifically described throughout this Agreement, injurious exposure to conditions resulting iri bodily injury or death,, or property damage. For purposes of claims which involve continuous exposure to substantially the same general harmful conditions, the date of loss for such claims shall be the first identifiable date of such continuous or repeated exposure. e) "Property Damage' means an injury to or destruction of tangible property, including partial or total loss through the disappearance thereof, by theft or other means, all of the foregoing being subject to further lianitations contained elsewhere in this Agreement. f) "SheriW' means the duly elected or appointed Sheriff of a County in the State of Florida who elects to participate in the FUND. .� g) "Managers" means the Sheriffs properly elected to the Board of Managers of the FUND. h) "Covered Member" means the Sheriff and all his deputies, officer's and employees who fall within the definitions of High Hazard, 1Vledium Hazard and Low Hazard as outlined herein. i) "Annual Agreement Period" means any one-year period beginning 12:01 a.m., October 1st, and ending 12:01 am., October 1 st, the following year. i) "High " means a Sheniff, his deputies, officers, volunteers and employees whose regular duties relate directly to the enforcement of the e ' ' law, including, but not limited to, those persons Who (1) conduct crime -preventive control, investigate allegations of criminal Violations and make arrests; (2) furnish legal advice; (3) issue cnaunal process; (4) prosecute or adjudicate criminal charges; and (5) detain persons prior to arraignment or detain, c mtrol, cornett or rehabilitate individuals, whether incarcerated or not. lEgh Hazard shall also include any attorney employed as full time legal advisor to the Sheriff and who has no outside legal practice; any Nurse and/or physician's assistant who is an employee of and paid by the Sheriff's office; under certain conditions, physicians who acre either employed by, or under contract with, a Sheriff to render medical care to inmates in the custody of that Sheriff; and dogs used for ,patrol, crimhWsuspect apprehension, guanfing of persons or property, building searching etc., Pap l of 19 a.Wuns hW '4A5ZW\FUM AMMMMIDMAMPOC subject to having met the T13's guideline requirements. Physiciansshall be included within this definition only under the following conditions: 1) such Physician shall have a Medical Malpractice Itisurance Policy vn*th minimum limits of $1,000,000 which is generally applicable to the services being provided the Sheriff~; 2} a copy of said policy, Certificate of Insurance, or other acceptable form or proof of coverage shall be provided each year to the FUND's Administrator and shall contain a provision requiring that the FUND Administrator be notified within thirty (30) days of cancellation or replacement of said policy; 3) and the coverage provided by the FUND shall only extend to civil rights claims not otherwise covered by said Physician's Medical Malpractice policy. k) "Medium Hazard" means deputies, officers, voluntecrs and employees of a Sheriff whose regular duties do not involve direct enforcement of the criminal laws, including, but not limited to, those persons who (1) serve civil rather than criminal process; and (2) act as auxiliary officers, whether paid or unpaid, but who have some law enforcement responsibility, including, but not limited to, special deputies or police, ,deep or horse posse, and search or rescue squads. 1) "Low Hazard"' means volunteers and those persons employed or appointed by a Sheriff whose primary duties relate only indirectly to the enforconent of efiminal laws. Such employees include, but are not necessarily limited to, persons who p+crforrn (1) clerical, stenographic and record -keeping duties; (2) laboratory, photographic and radio dispatching; (3) licensing examinations; (4) fingerprinting, (5) bailiff duties; (6) food service, maintenance, and custodial tasks not having direct control over in mates; and (7) polygraph operators, but only while performing their dudes on behalf of the covered Sheriff, un} "Ultimate Net Loss" means the maxi n= amount, in the aggregate, for all claims, settlemeats, judgments, payments and legal costs, exMms and fees which will be paid under this Agreement, on account of any one Sheriff for all claims which occurred during any one annual coverage period between 12:01 am., October 1, and 12:01 am: the following Octvbtr 1st. . . n) "Claim" or Clalms" means: (1) a demand for damages, money, safis&ction, action; (2) notice from any person, or person's representative indicating an intent to make such a demand; or (3) notice in writing from a Covered Member of an incident or occurrence (which may became a clear► at some future data); however, claim does not mean payment of costs or expenses necessitated by actions for jail or prison facility improvement or cort ction of deficiencies in such jail or prison. IV. COVERAGES, DEFENSE AND SETTLEMENT 1. The assets of the FLM shall be used to provide sew insurance benefits to the participating Sheriffs, subject to the following terms and conditions. 2. Pursuant to the terms of this Agreement, the assets of the FUND may be used by Pago 8 of 1$ F'mW I WM3 WFMft tiam1WUrW&M3U%F= AORMAOMMAMDW the Managers to pay on behalf of a Covered Member claims expenses and all sums which the Covered Member shall become legally obligated to pay as damages because of (a) bodily injury, or(b)roe damn a caused b an occurrence and arisin out of the Sheriffs' occu ancP property � y g occupancy, maintenance or use of official premises and/or the Sheriffs' operations in the performance of his official duties during the effective period of this Agreement. ale assets of the FUND shall be used to defend any suit against a Covered Membcr seeking damages on account of such bodily injury or property damage, even if any or all of the allegations of the suit are groundiess, false or -fraudulent, and the Managers may make such investigation and settlement of any claim or suit as the Managers deem expedient, but the FUND shall not be obligated to pay any claim, claims expenses or judgment or to defend any suit after the applicable limit of the F'UNND's liability or aggregate liability has been exhausted by payment of judgments., settlements or claims expenses. On or after December 1, 1981, the assets of the FUND shall also be used to provide darnages assessed against a Covered Member, as punitive damages unless determined by a court to be contrary to public policy. 3. Subject to the terms, conditions and limitations of this Agreement, the FUND assets may be used to pay on behalf of a Covered Member all sums which a Covered Member shall become legally obligated to pay as damages or claims expenses because of claims for false arrest, assault and battery, false imprisonment, malicious prosecution, false or improper service of process, libel or slander, intentional infliction of emotional distress, defamation of character, violation of property rights, wrongful evl cti oni, wrongful entry, humiliation and invasion of the rights of privacy and violation of constitutional rights, growing out of the law enforcement duties of a Covered Member. Notwifttanding, there is no coverage for any Covered Member who commits, or is alleged to have committed, any of the above claims which involve sexual assault or sexual battery. 4. Claims expenses, includable in the FUND's limits of liability more specifically described in Section v, I and Section 11, 33 of this Agreenmcant, mean9: a) Fees charged by any attorney designated by the FUND; all other fees, costs and expenses resulting from the investigation, adjustment, defense and appeal of a claim if incurred by the FUND; fees charged by any attorney designated by the Covered Member with the written consent of the FUND; claimants' attorneys fees and costs risessed by court order or ageed upon through settiernent. However, claims expenses does not include salary charges of regular employees or officials of the FUND; and b) Premiums on appeal bonds rewired in any such suit, premuums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this Agreement; and c) Reasonable expenses incurred by a Covered Member for first aid to others at the time of the amident for bodily injury to which this Agreement applies. But this paragraph shall not act to increase the total limit of liability of the FUND for any benefits or aggregate limits of liability. 5. IMe assets of the FL ND may also be used to pay any costs (which expression Page 9 of Is Held l elm Q-.16%Ws MmIaIamdaMsipWU?M AGRMCMMI=AGL= shall mean all investigations, adjustments and legal expenses) incurred in the investigation, adjustment and defense of any claims, suits or proceedings which may be brought against a Covered Member within the purview of this Agreement, even if such claims, suits or proceedings are groundless, false or fraudulent. Any such amounts paid out of FUND assets under this section are payable only as part of the applicable limits of the benefits under this Agreement. 6. with respect to benefits enumerated in the preceding paragraph, costs shall not include any operational expenses of the Sheriff. Igor shall the provisions of said paragraph operate to increase the total benefits available under this Agreement. 1. In the event of a claim occurring likely to involve the assets of the FUND, the Covered Member shall not make any payment assume any liability or incur any expense without the consent of the FUND being first obtained. The assets of the RJND shall be used to conduct in the name of the Covered Member the defense of any claim, and prosecute in his name for the benefit of the FUND any claim for indemnity or damages or otherwise against any third party, and the Managers shall have full discretion in the handling of any claim, and the Covered Member shall give all information and assistance as the Managers of the FUND may reasonably require. 8. The assets of the FUND shall not be called upon in contribution and are to only pay any loss if and so far as not recoverable under any insurance. 9. The insolvency or bankruptcy of a Sheriff shall not release the FUND from any obligations hmunder, 10. Pumuant to the terms of this Agreement, the assets of the FUND shall be used by the Managers to pay on behs]f of a Covered Member all sums which that Covered Member may be held legally liable to pay as 'daxua with respect to property damage to structures or portions thereof, rented or leased to said Sheriff, including fixtures permanently attached thereto, if such property damage is caused by fire -a result of the acts or onussions of the .Sheriff..._ ..... . a) The limit of such property damage liability is $50,000 each occurrence; and b) This coverage shall. be execs over any valid and collectable property insumee (including any deductible portion thereof) available to the Sheriff, such as, but not linuted to, Fire, Extended Coverage, Builder's Risk Coverage, or Installation Risk Coverage, and Other Insurance Conditions of this Agreement as amended accordingly. V. LIM rS OF LIABILITY l . Limits of Liability: Regardless of the number of A) Covered Members under this Agreement; or B) persons or organizations who sustained damages payable under this Agreement; or Q Claims made or suits brought on account of benefits afforded by this Agreement, the hr UND's liability shall to no event exceed the amounts outlined in the Coverage Declarations page provided to each FUND Member: Put lQof18 a. In respect of any one claimant for any one incident, including claims expense, b. In respect of any one incident involving more than one claimant, subject to the aforesaid limits in respect of any one claimant for any one incident, inchding claims expenses; and C. The aggregate limit of the FU D's liability for all incidents and occurrences per Sheriff' during any one annual policy period shall not exceed the aggregate amount stated in the applicable Coverage Declarations page, which aggregate includes claims expenses as defined herein. 2. Exhaustion of aggregate limits under the re -insurance policyl(ies) issued to the FUND which may not necessarily exhaust the FUND'S self -insured retention aggregate, shall not preclude benefits which are otherwise provided under this FUND Agreement within the limits of the FUND'S self -insured retention leumts. V1. EXCLUSIONS 1. This Agreement, and the assets of the FUND, shall not be used and shall not apply to the following, a) To liability assumed by the Sheriff under any contract or Agreement, except mutual law enforcement agencies agreements between titi� subdivisions and P g � contract law enforcement agencies, disclosed to and accepted by the FUND, and except for private duty assignments of a Covered Member, provided that any sueb private duty assignment has the fully informed consent of the Sheriff and said assigmaent is within the normal scope of duties and proper j unsdlction of the Covered Member, 45 b) To bodily injury or pro-- darna4W arising out of the ownership, maintenance, operation, use, loading or unloading of 0) any automobile, or aircraft owned or operated by or rented or loaned to the Shed or (2) any other automobile, or aircraft operated by any person in ft course of his employment by the Sheriff; (3) any mobile equipment while being used in any pre -arranged or organized racing, speed or demolition contest, or any shmfing activity or in the practice or preparation for any such contest or activity or to the operation of any snowmobile or [,miler designed for use therewith; (4) any mobile equipment while being transported by any automobile owned or operated by or rented or loaned to any Sheriff. However, this exclusion does not apply to exclude from coverage claims arising out of the ownership, operations, or use of an automobile during emergency operations of said automobile and so long, as no collision with said automobile results. c) Liability due to war, whether or not declared, civil war, insuffection, rebellion or revolution or to any act or condition incident to any of the foregoing, PW11ofis FhW 10/1003 amunh 1Fsa ADD MA[ RMW d) To bodily injury or property damage for which the Sheriff' or a Covered Member or their indemnity may be held liable as a person or organization engaged in the busincss of manufacturing, distributing, selling or sing alcoholic beverages or as an owner or lessor of premises used for such purpose by reason of theselling, serving or giving of an alcoholic beverage; (1) in violation of any statute, ordinance or regulation; (2) to a minor; (3) to a person under the influence of alcohol, or, (4) which causes or contributes to the intoxication of any person. e) To any obligation for which the Sheriff or any insurance camer as his insurer may be held liable under any workers compensation, uncmployment compensation or disability benefits law or under any aunilar taw. f) To bodily injury or property damage to any Sheriff or Covered Member, unless otherwise specifically provided for under other provisions of this Agreement, arising out of and in the course of their employment or appointment. g) To any claim of a Covered Member or any other officer, employee, agent or applicant due to demotion, dis ' ' 'on, harassment, dismissal, failure to hire or promote, and/or any other labor relations matters. h) To any claim by one Covered Member under this Agrw=nt agaimt any other Covered Membcr of this Agreement. i) To any claim by any person related to a Covered Member by blood or marriage, or to any claim by arty person residing in the household of a Covered Member at the time of the incident or event giving rise to the claim, against any Covered Member of this Agreement ex6ept as follows; The FUND agrees to reimburse reasonable expenses of such a.person under the following. circumstances:- 1. The expenses are excess over any other collectible insurance; and 2. The injury to such person occurred at the borne of the Covered Member as a result of a l 9 or item of equipment furnished and/or assigned to the Covered Member by a Sheriff; and 3. The expenses reimbursed shall not exceed the sum of $25,000 any one person j] To property damage to (1) property owned or occupied by or rented to the Sheriff; (2) property used by the Sheriff; or (3) property in the care, custody or control of the Sheri/ or as to which the Sheriff is for any pose exercising physical control to the extent excluded, limited, or restricted under the following: Par 12 of 18 Find IGaW 1. Furs, articles of fur, or articles in which fur represents the principle value, for more than $10,000 in the aggregate, for any One incident; 2. Jewelry, bullion, gold, silver, platinum and other precious alloys or metals, for more than $10,000 in the aggregate, for any one incident; 3. Money, bonds, cash, money orders, travelers checks, currency, coins, stamps, stooks, tickets, letter of credit, or any other sand ar item, for rnorc than $10,000 in the aggregate, for any One incident; 4. Aircraft of any type, size or value; 5. Watercraft or any equipment or part thereof or attached thereto for more than $10,000 in the aggregate, for any one incident; 6, Automobiles, motorcycles, or other self-propelled vehicles for more than $10,000 in the aggregate, any one incident, subject to exclusions and limitations elsewhere in this Agreement; 7. Articles of clothing or any other item of tangible personal property not specifically referenced herein and normally carried on and therefore taken fnDm the person of one taken into custody, for more than $10,000 in the aggregate for any one person; 8. Other Insurance: If thew is other insurance against incident � any loss or +Nairn for which coverage is provided on a limited basis under this Section VI (g) and related subsections, the coverage provided on a limited basis under Section VI (g) and related subsections sha11 be deemed to be exceem over and above the applicable limits of all such other insurance. j) To property damage to premises alienated by the Sheriff arising out of such premises or past thereof. k) To property damage to the Shen -firs products arising out of such products of any part of such products. 1) Property damage to work performed by or on behalf of the Sheriff arising out of the work or any portion thereof or out of the materials, parts or equipment furnished in connection therewith. m) To claims against the Sheriff participating herein or his Covered Members for acts or omissions of a high hazard, medium hazard or low hazard officer or employee unless such high medium hazard or love hazard officer or employee has been .included under the provisions of this Agreement, pursuant to the applicable provisions hereon. Pap 13 of 19 PhW 1=003 G.V%mb 2U%FM AaMn 1001A DOC n) To claims against the Sheriff or any other Covered Member alleging that he has committed a fraudulent, dishonest or criminal acot. This exclusion, shall not apply to claims of vicarious liability against the Sheriff alleging fraudulent, dishonest or criminal acts by one or more of his deputies or employees. ' o) To claims arising out of the discharge, disbursal, release or escape o ��'� ��c► vapors, soot, flames, acids, alkalies, toxic chemicals, liquids or gases, waste materials or r irritants, contwninants or pollutants in or upon land, the atmosphere or any water course or ba y of water. p) Yg To claims or damage caused b nuclear reaction or nuclear radiation or radioactive contamination, whether they directly or indirectly result from a Sheriffs peril under this policy. 2. The Managers or their authorized agents, in their discretion, sW dete mi= whether a claim arises out of or is contributed to by any of the move -noted exclusions from coverage, and should such a determination be made the Sheriff or other Covered Member shalt be - immediately so notified, and shall also be notified that the FUND will not, from that point forward, provide any further defense to such claim or action. Until a determinaflQn of noncoverage is made, the FUND shall provide a full defense under the terms of this agreement, with a full or partial reservation of all rights if warranted, it being understood that in certain circumstances a determination of noncoverage may not be made until final judgment or other final judicial action. A Sheriff or other Covered Member aggrieved by any determination made pursuant to this paragraph may seek relief under the provisions of Section II, paragraph 32, of this agreement IN WrIWMS WHEREOF, the undersigned Sheriff acknowledges that he is duly authorized and empowered to execute the Florida Sheriffs' Self-Insumnee FUND Agreement on behalf of his office, that he has received a copy of the FUND Agreement and agrees to abide by and comply with the terms and conditions of said agreement, and further that upon execution of renewal applicatiorddeclaration sheets in the fug, he agrees to abide by and comply with the terms and condifions said agmement, as subsequently modified, for the applicable renewal ppyd. Sheri bent "Bob" Perymn Monroe Count Sheriff's Offl Co ge Period: 10/112008 -1011 /2009 _.J SV .4 A's I _.aVA e 144;1 witnesses ia2m (Sheriff change during term) Page 14 FMF n) To claims against the Sheriff or any other Covered Member alleging that he has committed a fraudulent, dishonest or criminal act. This exclusion shad not apply to claims of vicarious liability against the Sheriff alleging fraudulent, dishonest or criminal acts by one or more of his deputies or employees. o) To claims arising out of the discharge, disbursal, release or escape of smoke, vapors, soot, flarnes, acids, alkalies, toxic chemicals, liquids or gases, waste materials or other irritant, contaminants or pollutants in or upon land, the atmosphere or any water course or body of water. p) To cle irns or damage caused by nuclear reaction or nuclear radiation or radioactive contamination, whether they directly or indirectly result from a Sheriff's peril under this policy. 2. The Managers or their authorized agents, in their discretion, shall determine whether a claim arises out of or is contributed to by any of the above -noted exclusions from coverage, and should such a determination be made the Sheriff or other Covered Member shall be immediately so notified, and shall also be notified that the FUND will not, fx-om that point forward, provide any hither defense to such claim or action. Until a determination of noncoverage is made, the FUNIT shall provide a full defense under the terms of this agreement, with a full or partial reservation of all rights if warranted, it being understood that in certain circumstances a determination of noncoverage may not be made until final judgment or other final judicial action. A Sheriff or other Covered Member aggrieved by any determination made pursuant to this paragraph may seek relief under the provisions of Section 11, paragraph 32, of this agreement. IN WITNESS VHER OF, the undersigned Sheriff acknowledges that he is duly authorized and empowered to execute the Florida Sheriffs' Self -Insurance FUND Agreement on behalf of his office, that he has received a copy of the FUND Agreement and agrees to abide by and' comply with the terms and conditions of said agreement, and further that upon execution of renewal applications/declaration sheets in the future, he agrees to abide by and comply with the to d conditions of said agr ent, as subsequently rnodified, for the applicable renewal period. 2009-2009 FSSIF Sheriff Richard D. Roth Monroe County Sheriffs Office Coverage Period: 10/1/28-10/1/2009 �'oz s a� Date Page 14 shows"74 mom 01OWN 6�8 � Key W� n) To claims against the Sheriff or any other Covered Member alleging that he has committed a fraudulent, dishonest or criminal act. This exclusion shall not apply to claims of vicarious liability against the Sheriff` alleging fraudulent, dishonest or criminal acts by one or more of his deputies or employees. o) To claims arising out of the discharge, disbursal, release or escape of smoke, vapors, soot, flames, acids, alkalies, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants in or upon land, the atmosphere or any water course or body of water. p) To claims or damage caused by nuclear' reaction or nuclear radiation or radioactive contamination, whether they directly or indirectly result from a Sheriff`s peril under this policy. 2. The Managers or their authorized agents, in their discretion, shall determine whether a claim arises out of or is contrihutcd to by any of the above -noted exclusions from coverage, and should such a determination be made the Sheriff or other Covered Member shall - be immediately so notified, and shall also be notified that the FUND will not, frmm that point forward, provide. any further defense to such claim or action. Until a determination of noncoverage is made, the FUND shall provide a full defense under the terms of this agreement, with a full or partial reservation of all rights if warranted, it being understood that in certain circumstances a determination of noncoverage may not be made until final judgment or other final judicial action. A Sheriff or other Covered Member aggrieved by any determination made pursuant to this paragraph may seek relief under the provisions of Section 11, paravwh 3Z of this agreement. 1N WITNESS WHEREOF, the undersigned Sheriff acknowledges that he is duly authorized and empowered to execute the Florida Sheriffs' Self-Imsurance FUND Agreement on behalf of his office, that he has received a copy -of the .FUND Agreement and agrees to abide by and comply with the teenns -and conditions of said agreement, and fiuther that upon execution of renewal applications/decim-a on sheets in the futme, he agrees to abide by and comply with the terms and conditions of said agreement, as subsequently modified, for the applicable renewal period. �Tv I I3 14 U DATE Witnesses Pap 14 of 18 Finn E OV GiftOk AeolftsdaNSSIMM AMUMMIONAMMW ON PU13LIC OFFICIALS COVERAGE ENDORSEMENT TO FLORIDA SHERIFFS' SELF-INSURANCE FUND FUND AGREEMENT The Florida Sheriffs' Self-Insumnce FUND has determined that it is in the hest interest of certain of its members to provide Public Officials liability coverage;. Therefore. and notwithstanding provisions of this Agreement to the contrary, the FUND may also provide its Member Sheriffs With Public Officials liability coverage subject to the following terms and conditions: 10 The coverage prodded thereunder is extended to cover claims for "WRONGFUL ACTS" as defined in paragraph 2 hereof, including defense and related costs and expenses in de€ending such a claims, With respect to such coverage, the FUND shall, as a part of and subject to the applicable limits of liability: (a) Defend any claim brought against a Covered Member alleging a wrongful act, even if such claim is ,groundless, false or fraudulent; and the FUND has the right to investigate and negotiate any such claim and, with the consent of the participating Sheriff to settle or compromise any claim, as the FUND deems expedient, If the Sheriifrefuses to consent to any settlement recornmcnded by the Managers, the Sheriff may thereafter negotiate or defend such claim independently of the FUND and the liability of the FUND shall not exceed the amount for which the claim could have been settled plus the costs and expenses incurred with the FUND's consent to the date of such refusal, (b) Pay all expenses incurred by the FUND in any claim brought against a Covered Member alleging a wrongful act, and ati interest on that part of the judgment, subject to the limit of liability, which accrues after entry of judgment and before the FUND has paid, tendered or deposited in the Court that part of the jud t which does not exceed the limit of liability, (c) Pay premiums on appeal bonds required in any clam brought against a Covered Member alleging a wrongful act and/or premiums on "bonds to release attachments for an amount not in excess of the limit of lability, but without any obligation to apply for or furnish any such bonds, (d) Pay all reasonable expenses incurred by a Covered Member at the FUIVD's request 2. For purposes of this limited Public Officials liability coverage only, the following definitions shall apply: (a) "WRONGFUL ACT" shall mean any actual or alleged error or misstatement, omission, act of neglect or breach of duty including misfeasance, final Its M Ck1FvWa IOQ kl DOS page is Of is malfeasance and nonfeasance by a Covered Member within his official capacity, or any matter claimed against him solely by reason of his having served or acted in one or more of his official capacities as an officer or employee of the Sheriff (b) "CLAIM" shall mean (1) a demand for damages, money, satisfaction, action or equitable relief-, (2) notice from any person ,or persons representative indicating an attempt to make a claim- or (3) notice in writing from a Sheriff of an incident or occurrence which may become a claim at some future date. The term "CLAIM" shall specifically encompass certain administrative proceedings or actions including for example, but not limited(1 to, proceedings before or brought by the Equal Employment Opportunity Commission the Florida Commission on Human Relations, the Florida Public Employees Relations Commission, the U.S. Department of Labor, the Occupational Safety and Health Administration and the State of Florida Commission on Ethics. The tern "CLAIM" shall not include, and excluded from coverage hereunder are: criminal or quasi-cn'n nal. proceedings including, but not limited to, Grand Jury and Special Prosecutor proceedings; proceedings to collect workers` compensation or unemployment compensation benefits; local career or civil service proceedings; arbitration and/or collective bargaining proceedings; petitions for constitutional writs or for declaratory or injunctive relief; and proceedings wader Chapters 119 and 286, Florida Statutes as well as appeals of all such proceedings. 3. The Limits of Liability which apply to this endorsement shall not exceed the amounts outlined in the Declarations Page provided each Member Sheriff for each coverage period. it is agreed and understood that the limits set forth in any such declarations pages apply only to the extent that coverage over above the applicable self retention limits of the FUND is collectible from reinsurers or excess carriers covering over this Agreement. 4. This endorsement and extension of coverage excludes the following and coverage shalI not apply to: (a) Atiy claim against a Covered Member based upon or attributable to their gaining in fact any personal profit or advantage to which they were not legally entitled including remuneration paid in violation of law as dOn tGLInined by the Coc�rfis; (b) Any claim brought about or contributed to by fraud, dishonesty or criminal act of any Covered Member; however, notwithstanding the foregoing, a Covered Member shall be defended under the terms of this AgrecmeA as to any claims made against him by reason of any alleged fraud or dishonesty or orm' nal act on the part of another Covered Member, unless a judgment* or other final adjudication thereof adverse to such Covered Member shall establish that acts of active or deliberate dishonesty, fraud or cnnunal act committed by such Covered Member was material to the cause of action so adjudicated; (c) Any claim which is insured by another valid policy or policies, or which shall be deemed uninsurable under the law pursuant to which this Agreement shall be Pop 160f Is Fri IO/M AGROWS 1003 C,00c (d) Any claim or damages whether direct, indirect or consequential, arising from, or caused by bodily 'Injury, sickness, disease or death of any person, or for damages to, direct, indirect or conscqucntial or destruction of any tangible property including hiss thereof ; (e) Any claim for false arrest, libel, slander, defamation, invasion of privacy, wrongful eviction, or assault or battery, unless such claim arises from an employment relationship with the Sheriff and is otherwise not excluded from this limited public Officials liability coverage; (f) Any claim based upon or attributable to the rendering or failure to reader any opinion, treatment, consultation or service if such opinion, treatment, consultation or service was rendered or failed to have been rendered while a Covered Member was engaged in any activity for which they received compensation from any source other than the Sheriff named in Item A of the Declarations or were gratuitously engaged other than by specific direction of the Sheriff named in Item A of the Declarations; (g) Any claim arising out of the discharge, release or escape of smoke, vapors, soot, flames, acids, alkalis, toxic chemicals, liquids or gases, waste materials or irritants, contaminants, or pollutants into or upon land, the atmosphere, or any watercourse or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; (h) Any claim for which a Covered Member is entitled to indemnity and/or payment by reason of having given notice of any circumstances which might give rise to a claim under any policy or policies the term of which has expired prior to the inception date of this Agreement; (i) Any claims arising out of willful misappropriation of funds, embexrlement or infidelity or arising out of a Covered Member .acting in a fiduciary capacity as respects any employee benefit plant or as trustee of any employee benefit plan, 0) Any claim for damages arising from inverse condemnation, adverse possession or dedication by adverse use- (k) Any payment of claims or awards of back pay or wages, or liquidated or punitive damages; (1) Any fines or penalties imposed by law or other matters which may be deemed uninsurable under the law pursuant to which this Agreement shall be construed; 5. This coverage does not extend to claims for punitive damages including, but not limited to, claims or awards of back pay or wages, liquidated damages or prejudgment interest, This provision is contrary to the general coverage provided by the FUND for Law Enforcement Professional liability claims, which does provide coverage for punitive damages. Page 17 of 1 B Final 10003 "oft 003AOR= This endorsement shall not otherwise amend, alter or change the FUND Agreement ,and all other terms and conditions apply. This endorsement became effective October 1, 1992. Pogo 18 Of 18 FhW 10M v.~ AftWWWkMAPn3WM ACMM"ICMAMDOC THIS COVERAGE ENDORSEMENT IS EFFECTIVE OCTOBER 11 2008, IN CONSIDERATION OF THE ANNUAL CONTRIBU-nON OF $25000, IT IS HEREBY UNDERSTOOD AND AGREED THAT COVERAGE UNDER FLORIDA SHERIFFS' SELF-INSURANCE FUND IS AMENDED TO INCLUDE THE FOLLOWING COVERAGE: ADDITIONAL COVERED MEMBER Covered Member: Monroe County Sheriff Principell Address. PO Box 1210, Gainmitie, FL 32602w1210 Coverage ed: From 12:01 aerne on odbobar 1, 2006j, to 12i01 mm■ m 0. �y 2 ■ Coverage Endorsement Annual Ded Cwenwe Des= Retroacbve Date r,�ntibutj `J None See Below 10/1/1994 $25000 It is hereby Understood and agreed that the entity designated below is added an " AddItiona i Covered Member", but only with respect to liability arming solely out of the law enforcement activities of the above designated "Cornered Memberm, Additional Covered Member: Monroe County Board of County Commissioners THIS COVERAGE IS SUBJECT TO LIMITS OF LIABILm, TERMS, AND CONDITIONS AS CONTAINED IN THE FLORIDA SHERIFFS' SELF-INSURANCE FIND AGREEMENT TO WHICH THIS ENDORSEMENT IS ATTACHED. [SATE: October 1, 20D8 FSSIF-K