Item R1 R.1
G BOARD OF COUNTY COMMISSIONERS
County of Monroe "1 Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
November 20, 2019
Agenda Item Number: R.1
Agenda Item Summary #5475
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
N/A
AGENDA ITEM WORDING: County Attorney Report for November 2019.
ITEM BACKGROUND: See attached.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A
DOCUMENTATION:
County Attorney Report November 2019
VR MONTHLY REPORT 2019-2020
MASTER FINES AND COSTS SPREADSHEET AS OF OCTOBER 2019
Resume of Joseph X. DiNovo (11-04-19)
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Packet Pg. 2763
R.1
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Bob Shillinger Completed 11/05/2019 11:19 AM
Kathy Peters Completed 11/05/2019 11:22 AM
Board of County Commissioners Pending 11/20/2019 9:00 AM
Packet Pg. 2764
R.1.a
County of
Monroe � BOARD OF COUNTY COMMISSIONERS
r
`�M < s�r Mayor Sylvia J.Murphy,District 5
_ Mayor Pro Tern Danny L.Kolhage,District 1
The Ylle Flollda.Keys �' y Michelle Coldiron,District 2
a Heather Carruthers,District 3
IHa
David Rice,District 4
Robert B.Shillinger,County Attorney—
Pedro J.Mercado,Assistant County Attorney** Office of the County Attorney
Cynthia L.Hall,Assistant County Attorney** 1111 12'Street,Suite 408
Christine Limbert-Barrows,Assistant County Attorney** Key West,FL 33040
Derek V.Howard,Assistant County Attorney** (305)292-3470—Phone
Steven T.Williams,Assistant County Attorney** (305)292-3516—Fax
Peter H.Morris,Assistant County Attorney*
Patricia Fables,Assistant County Attorney
Paunece Scull,Assistant County Attorney
cv
**Board Certified in City,County&Local Govt.Law
0
To: Mayor Murphy & Commissioners Z
From: Bob Shillinger, County Attorney
Date: November 5, 2019
Re: November 2019 County Attorney Report
Administrative Cases of Interest
1. Base Camp Appeal-(FEMA4337-DR-FL- Monroe County, PA ID 087-99087-00,
Project Worksheet (PW)#16035). On 12/19/18, the County received FEMA's denial
�s
of $6,593,062.05 for the Monroe County Base Camps. The County's appeal was
filed on 2/15/19 with the Florida Dept. of Emergency Management (FDEM) without
the benefit of counsel. The County Attorney's Office and outside counsel
supplemented the initial appeal on 4/15/19. FDEM filed the Appeal with FEMA on
4/15/19. FEMA's Regional Administrator (RA) had until 7/15/19 to render a first
appeal decision or request additional information (RFI) from the County, but to date
the County has not received an appeal decision or RFI. On 10/16/19, the BOCC 1�
authorized the County Attorney's Office to proceed with an arbitration before the
Civilian Board of Contract Appeals. Outside Counsel is involved in a similar
arbitration in Puerto Rico this week so we expect to receive a status update
on the filing of our petition by the November 20t" meeting.
2. FEMA-4337-DR-FL — Monroe County, Public Assistance ID 087-99087-00, Project
Worksheet (PW) #36045 (Stiglitz House Appeal) (filed 5/10/19) — The County
appealed FEMA's denial of reimbursement for an estimated $95,079 in damages
sustained by the Stiglitz House as a result of Hurricane Irma with FDEM on 5/10/19.
The County had previously received a $13,454 payment from FEMA for Hurricane
Wilma damage. FEMA's denial is based on its belief that the County did not "obtain
and maintain" wind and flood coverage for the House, a requirement after the first
FEMA payment. FDEM filed the appeal with FEMA on 7/8/19. FEMA's Regional
Administrator (RA) has 90 days or until 10/8/19 to render a first appeal decision or
request additional information from the County. As of 11/5/19, the County has not
received a first appeal decision or request for additional information from
FEMA.
1
Packet Pg. 2765
R.1.a
3. Nuclear Regulatory Commission Docket Nos. 50-250/251-SLR. FP&L is seeking
approval of a second 20-year license renewal term for Units 3 and 4 at the Turkey
Point facility. Environmental groups are seeking to attach conditions to the license
renewal, including the replacement of the cooling canals with mechanical draft
cooling towers. Monroe County was participating in the administrative hearing as
an Interested Governmental Party (IGP) in support of SACE. On 4/9/19, SACE filed
a Notice of Withdrawal stating it was withdrawing as part of a global settlement of
their disputes with FPL regarding the Cooling Canal System for Turkey Point Units
3 and 4. On 10/24/19, the Atomic and Licensing Board entered its
Memorandum and Order(Denying Requests for Rule Waiver and Admission of
Newly Proffered Contentions and Terminating Proceeding). The County
Attorney's Office will continue monitoring the case; the environmental groups
are entitled to an appeal to the Nuclear Regulatory Commission.
0
Cases of Interest at Trial Court Level C,
0
4. Sunset Garden Estate Land Trust v. Monroe County, CAP 19-460. Property owner
filed a two-count complaint alleging that various state laws including the Right to
Farm Act, F.S. 823.14, preempts the County's land development regulations from
applying to its parcel and seeking judicial declarations that its alleged agricultural
activities are immune from the County's land development regulations. The
County filed a Motion to Dismiss on 10/21/19. The Motion has not yet been
set for hearing by the Court. �?
5. KITK, LLC v. Monroe County, CAP 19-351. Property owner filed a Complaint
seeking a judicial declaration that F.S. 419.001(12) preempts Monroe County's land
development regulations from prohibiting, on its allegedly residentially zoned
property, its alleged community residential home of six or fewer residents. The
County filed a Motion to Dismiss on 7/30/19. That Motion has not yet been set
for hearing by the Court.
6. Joshua J. Hertz PA d/b/a Law Offices of Joshua J. Hertz, P.A. v. Lubna Zahan,
Monroe County d/b/a TraumaStar, Global Sky Aircharter Corporation, et al., 11t"
Circuit (Miami-Dade), 2019-024682-CA-01: The plaintiff law firm represented Ms.
Zahan following an auto accident and obtained $30,000 from the other driver's
insurer, against bills from providers (including Trauma Star) in excess of $90,000.
The law firm filed this interpleader action to deposit the settlement funds and ask the
Circuit Court to apportion the settlement funds among the providers. The County
filed an Answer on 10/7/19. County bills for the transport exceed $23,000.
7. Monroe County v. Magnolia 101, LLC. CA-P 13-945. This case began as the
County's complaint for an injunction and foreclosure of a code compliance lien. The
Court entered a judgment in favor of the County on 5/2/17. The property owner
appealed this decision to the Third District Court of Appeal (Case No. 3D-17-1312).
On 2/27/19, the Third DCA issued a "per curiam" opinion, affirming the ruling of the
lower court (in the County's favor). The case was returned to the trial court to
determine the final amount of the fines. The parties were unable to settle so the
trial court will schedule a hearing on the amount of the fines.
2
Packet Pg. 2766
R.1.a
8. Roy's Trailer Park v. Noel & Monroe County, 19-CA-175-K (lower tribunal: CC-K-18-
112). Declaratory Judgment action filed by trailer park against County as part of its
eviction suit against its tenant. County filed counterclaim asking for temporary
injunction prohibiting occupancy at the park until serious fire and life safety issues
have been addressed, and for appointment of a receiver, on 10/4/18. On 6/10/2019
Judge Helms granted Monroe County's Application for an Inspection Warrant. The
property has since been inspected and the Building Department is preparing its
inspection findings. All lot owners have now been named as counter-
defendants and service of process is underway.
9. Burke Construction Group, Inc. v. Monroe County, CA-M 19-80 - On 7/11/19, Burke
Construction Group served a multi count complaint arising from the County's bid
protest procedure and decisions to award contracts the Marathon Library and
Cudjoe Fire Station projects to other contractors. The County filed a motion to >
dismiss. A hearing on the motion will likely be scheduled in November 2019. Burke
took depositions of County witnesses on 10/3 and 10/4/19.
10. Coral Hammock Rental v. Monroe County, CA K 17-588. Coral Hammock sued
Monroe County on 7/25/17, seeking to declare that the county's vacation rental
ordinance is preempted by state law and that Coral Hammock is permitted to
vacation rent. The County filed a counterclaim seeking injunctive relief to prohibit
the continued vacation rental of the subject property. On 8/23/19, Coral Hammock
filed a Motion to File Second Amended Complaint to add additional property owners
in Coral Hammock, a declaratory judgment for constitutional violations, and claim for
damages under 42 U.S.C. § 1983 (due process). Monroe County filed a notice of
removal to federal court on 9/18/19. On 10/24/19, the code violations were heard
by the Code Enforcement Special Magistrate; the parties are awaiting the
magistrate's ruling. On 10/24/19, the federal court entered its Order Setting E
Civil Trial Date and Pretrial Schedule, Requiring Mediation, and Referring
Certain Motions to Magistrate Judge. The jury trial is set for 8/3/20. z
0
11.Sirena Key, LLC v. Monroe County, CAP 18-704. On 9/21/18, Sirena Key sued the
county seeking to declare that the vacation rental ordinance is preempted by state
law due to alleged changes in the County's enforcement practices. The County filed
its answer to the complaint on 1/22/19 and is conducting discovery. Also pending
in the Circuit Court is an appeal from the Special Magistrate's decision finding Sirena
Key in violation of the vacation rental ordinance, Sirena Key, LLC v. Monroe County,
18-AP-3-K. In this case, the Appellant Sirena Key has filed a motion to stay the
appeal pending resolution of the 16t" Judicial Circuit Case. The County has filed an
opposition. The parties have filed cross motions for summary on Counts I and
II and awaiting scheduling to be heard by the court.
12. AshBritt, Inc. v. Monroe County & FDOT, CA-K-17-802. AshBritt filed a second
amended complaint against the County for breach of contract and a new claim for
breach of implied covenant of good faith and fair dealing. The County filed its answer
and affirmative defenses to the complaint, and a motion for summary judgment
(MSJ) concerning the three remaining AshBritt invoices and the new claim. The
County's MSJ was set for hearing on 9/4/19 but AshBritt requested and was granted
a continuance. A hearing on the MSJ is set for 11/20/19.
3
Packet Pg. 2767
R.1.a
13.Maschal et al. v. Monroe County and FKAA, CA K 19-186 — Following the Court's
dismissal of the Delaney lawsuit, on 2/28/19 the same attorney filed a new lawsuit
against Monroe County and FKAA on behalf of Banks Prevatt and 11 other
individuals. The complaint seeks essentially the same relief as the Delaney lawsuit.
The County was served on 4/1/19. The County and FKAA filed a joint motion to
dismiss, on the grounds that the ordinance on which the complaint was based was
repealed and replaced by the BOCC earlier this spring, and therefore, the complaint
is moot. The case was recently re-assigned to Judge Wilson. A hearing on the
Defendants' Joint Motion to Dismiss is scheduled for 11/7/19.
14. Disaster Solutions, LLC v. Monroe County, CAK19-32. An action for breach of
contract and other claims arising from a firm that had a purchase order to provide
services which were capped at $49,999 but who submitted invoices in excess of
$700,000. The Court granted the County's motion to dismiss on 4/4/19. Disaster
Solutions filed a third amended complaint on 8/15/19. The County has filed a
motion to dismiss, which will be heard on 11/20/19.
15.Keith Munt v. Monroe County — CAK 16-330. In this code lien collection case, the
property owner filed a counterclaim seeking damages and other relief. The Board
rejected the property owner's proposed settlement agreement on 4/17/19; the
property owner rejected the County's counter-offer. A pre-trial hearing was held on
8/15/19. Trial is scheduled for 11/14 & 15/19.
U
16. Monroe County v. Purdue Pharma L.P. et al., No. 4:19-cv-10049. This case was
filed by Monroe County against opioid manufacturers/marketers and distributors on
4/3/19. The complaint seeks damages including punitive damages, attorneys' fees,
costs, and injunctive relief. The case is part of multi-district litigation. On 7/15/19
the County filed its initial statement describing damages. The case is at the early
discovery stages. A federal judge in Cleveland has certified all similar cases
across the country into a class for settlement purposes. The County has until
11/22/19 to decide whether to opt out of the class.
17.Kresser v. Monroe County, 18-CA-521-P. Mr. Kresser filed his action for declaratory
relief and to quiet title on 7/24/18. The property at issue is located along Card Sound
Road. In 1967, the County obtained from Mr. Kresser's predecessor in title a right-
of-way easement for the construction and maintenance of Card Sound Road. Mr.
Kresser is seeking to invalidate the easement based on an allegation of
abandonment. Monroe County's motions for summary judgment were heard on
9/13/19. On 10/4/19 the Court issued an order granting two of the County's three
motions for summary judgment against Mr. Kresser. On 10/14/19 Mr. Kresser filed
a Motion for Reconsideration. The County filed a Response opposing that
Motion on 10/23/19. The Motion is now pending a ruling by the Court.
18.Monroe County v. Norman Wartman, CAP 18-380: This is an action to enforce a
code lien. The underlying violations were for failure to have a vacation rental
manager license and unlawful vacation rentals. At the time of filing, fines had
accrued to $586,988. The parties are in settlement discussions.
4
Packet Pg. 2768
R.1.a
19.Kane County Utah v. United States of America, U.S. Court of Fed. Claims, 17-793C.
County joined a class action suit filed by Kane County Utah challenging the federal
government's payment under the Payment In Lieu of Taxes (PILT) program in 2015-
2017, which partially compensates local governments for the loss of property tax
revenues when certain parcels are in ownership under the Department of Interior.
On 10/20/19, the County received its settlement check for$31,400. This matter
is now concluded.
20.Keith & Cheri Cohen v. Monroe County, 15-10167-CIV /USCA 17-15552-G — On
9/20/18, the 11t" Circuit Court of Appeals affirmed a 2017 ruling by U.S. District
Judge Jose Martinez, when he found in favor of the County by ruling that the
County's workforce housing requirement that income must be earned in the County
did not discriminate against the Cohens due to their asserted disabilities. The Court
ordered the Cohens to sell their property to a qualified buyer within 6 months and
vacate the premises. The Cohens sold the property to their daughter so the Court
denied the County's motion to enforce the judgment. The County is seeking
to recover the costs it expended in prosecuting this action and will file a
motion to tax costs if necessary.
21.Monroe County v. Faresh Miguel Atala CAP 18-809: This is an action to enforce a
code lien arising from multiple counts for unsafe buildings on the parcel. At the time
of compliance, the owner owed over $500,000 in code fines. The parties are in
settlement discussions.
�s
N
Appellate Cases of Interest
22.Galleon Bay Corp. v. Monroe County and State of Florida — CA K 02-595. The
developer/property owner appealed a final judgment in the amount of $480,511 in
her favor to the Third DCA; the County and State cross appealed (Case No. 3d 16-
1502). On 9/12/18, the Third DCA affirmed the trial court's decision. The property
owner's motions for rehearing, written opinion, and for rehearing en banc were
denied on 2/1/19. The appellate court issued its mandate on 2/19/19 returning
jurisdiction to the trial court. The trial court entered an order denying Galleon Bay's
motion to invalidate the final judgment on 8/16/19. On 9/13/19 Galleon Bay filed a
notice of appeal of that order in the Third DCA (Case No. 3D19-1783). On 9/19/19
Monroe County paid the total judgment amount of$531,390.67, and the Clerk issued
a Satisfaction of Judgment. Galleon Bay's initial brief was filed on 9/30/19. On
10/18/19, Monroe County and the State filed their Joint Motion to Dismiss
Appeal. Galleon Bay filed its response on 11/4/19. The parties are awaiting a
ruling on the motion.
23.Monroe County & State of Florida v. Donald Davis (Collins) — CA M 04-379/3D17-
500. On 2/15/17, Judge Jones entered a final judgment in favor of Mr. Davis in the
amount of $347,475. The County filed a Notice of Appeal on 3/17/17. Briefing was
complete in April 2018. On 10/2/19, the Third DCA issued a PCA opinion
affirming the judgment of the trial court. The County and State are jointly liable
to pay $370,500. The Land Authority will have an item on the November
agenda to authorize payment of the agenda.
5
Packet Pg. 2769
R.1.a
24.Monroe County v. Sugarloaf VFD, Inc. & Sugarloaf Wi-Fi, Inc. (Wi-Fi), Case
numbers: 3D19-434 & CA K 17-631. The County sued both SVFD and Wi-Fi to
declare a lease between SVFD and Wi-Fi invalid on the grounds that SVFD had not
approved the lease in an open meeting. The trial court ruled in favor of the County
and voided the lease. Wi-Fi appealed but SVFD did not. Wi-Fi served its initial
brief on 10/18/19. The County has until 12/18/19 to file its Answer Brief.
25.KW Resort Utilities Corp. Rate Litigation (Florida Public Service Commission Docket
No. 20170141-SU); appellate case number 1D18-4212. In June 2017, KWRU
sought approval of a second rate increase from the Public Service Commission
(PSC) following a prior increase in March of 2017. After a public hearing was held,
the PSC partially granted KWRU requested increase in an order dated 9/4/18. The
County filed an appeal of the PSC's decision on 10/3/18. The appeal was
consolidated with an appeal filed by the Office of Public Counsel. All of the briefing
is finished. The First DCA turned down the County's request for oral argument. The
parties are awaiting a decision from the First DCA.
26.Vacation Rentals of the Florida Keys v. Monroe County-19-AP-003-M. VRFK filed
an appeal of three Final Orders entered by Monroe County Code Special Magistrate
John G. Van Laningham in Code Enforcement Case Nos. 19040007, 1904008, and
19040022. Each order found VRFK in violation of Section 134-1(k)(1) of the Monroe
County Code and imposed a one-time fine of$5,000.00. VRFK separately appealed
each Final Order. Following an agreed motion, the Court consolidated the appeals. �?
VRFK filed its initial brief on 9/6/19. The County filed its answer brief on 10/28/19.
Oral argument is set for 11/18/19.
Other Matters of Interest
27.Vacation Rental Prosecutions. In October of 2019, the Code Compliance
Department presented 37 vacation rental cases to the Special Magistrate. Of those,
8 were found in violation, 1 was dismissed, and the remainder will continued. The
Special Magistrate imposed fines totaling $19,800.00. See attached spreadsheet.
28.Code Fine Collections. During October of 2019, the Code and Legal Departments
collected $237,608.65 in fines and costs. This is the first month of the fiscal year so
the cumulative number is the same. See attached spreadsheet.
29.Less than Fee Program. Under this program, the County purchases the
development rights on vacant properties for qualifying properties from willing
sellers. To date, there have been 259 applications since the program launched in
October of 2018. The Board has approved 50 purchases. Staff has rejected 60
applications that did not satisfy the criteria for the program. To qualify, a property
owner must own the vacant lot adjacent to his or her dwelling unit and not have
otherwise retired the development rights for that vacant lot. More information on the
program can be found at: http-//www.monroecountv-fi.qov/1029/Less-Than-Fee-
Program.
6
Packet Pg. 2770
R.1.a
30. New Hire. Putnam County Attorney Joseph DiNovo has been hired to replace Chris
Ambrosio, who became the General Counsel for the City of Jacksonville Beach in
October. Mr. DiNovo's tentative start date is 1/1/20, but may be moved up if he can
wrap up his commitments in Putnam County sooner. Mr. DiNovo will primarily
represent the County's Project Management Department. Prior to being named as
County Attorney for Putnam County, Mr. DiNovo worked as an Assistant County
Attorney for Hernando County. Attached is his resume.
0
0
�s
�s
Packet Pg. 2771
R.1.b
County of
Monroe � BOARD OF COUNTY COMMISSIONERS
r
`�M < s�r Mayor Sylvia J.Murphy,District 5
_ Mayor Pro Tern Danny L.Kolhage,District 1
The Ylle Flollda.Keys �' y Michelle Coldiron,District 2
a Heather Carruthers,District 3
IHa
David Rice,District 4
Robert B.Shillinger,County Attorney—
Pedro J.Mercado,Assistant County Attorney** Office of the County Attorney
Cynthia L.Hall,Assistant County Attorney** 1111 12'Street,Suite 408
Christine Limbert-Barrows,Assistant County Attorney** Key West,FL 33040
Derek V.Howard,Assistant County Attorney** (305)292-3470—Phone
Steven T.Williams,Assistant County Attorney** (305)292-3516—Fax
Peter H.Morris,Assistant County Attorney*
Patricia Fables,Assistant County Attorney
Paunece Scull,Assistant County Attorney
**Board Certified in City,County&Local Govt.Law
N
To: Mayor Murphy & Commissioners
From: Bob Shillinger, County Attorney
Date: November 5, 2019
Re: November 2019 County Attorney Report
Administrative Cases of Interest
1. Base Camp Appeal-(FEMA4337-DR-FL- Monroe County, PA ID 087-99087-00,
Project Worksheet (PW)#16035). On 12/19/18, the County received FEMA's denial
of $6,593,062.05 for the Monroe County Base Camps. The County's appeal was
filed on 2/15/19 with the Florida Dept. of Emergency Management (FDEM) without
the benefit of counsel. The County Attorney's Office and outside counsel
supplemented the initial appeal on 4/15/19. FDEM filed the Appeal with FEMA on
4/15/19. FEMA's Regional Administrator (RA) had until 7/15/19 to render a first
appeal decision or request additional information (RFI) from the County, but to date
the County has not received an appeal decision or RFI. On 10/16/19, the BOCC
authorized the County Attorney's Office to proceed with an arbitration before the
Civilian Board of Contract Appeals. Outside Counsel is involved in a similar
arbitration in Puerto Rico this week so we expect to receive a status update
on the filing of our petition by the November 20th meeting.
2. FEMA-4337-DR-FL — Monroe County, Public Assistance ID 087-99087-00, Project
Worksheet (PW) #36045 (Stiglitz House Appeal) (filed 5/10/19) — The County >
appealed FEMA's denial of reimbursement for an estimated $95,079 in damages
sustained by the Stiglitz House as a result of Hurricane Irma with FDEM on 5/10/19.
The County had previously received a $13,454 payment from FEMA for Hurricane
Wilma damage. FEMA's denial is based on its belief that the County did not "obtain
and maintain" wind and flood coverage for the House, a requirement after the first
FEMA payment. FDEM filed the appeal with FEMA on 7/8/19. FEMA's Regional
Administrator (RA) has 90 days or until 10/8/19 to render a first appeal decision or
request additional information from the County. As of 11/5/19, the County has not
received a first appeal decision or request for additional information from
FEMA.
1
Packet Pg. 2772
R.1.b
3. Nuclear Regulatory Commission Docket Nos. 50-250/251-SLR. FP&L is seeking
approval of a second 20-year license renewal term for Units 3 and 4 at the Turkey
Point facility. Environmental groups are seeking to attach conditions to the license
renewal, including the replacement of the cooling canals with mechanical draft
cooling towers. Monroe County was participating in the administrative hearing as
an Interested Governmental Party (IGP) in support of SACE. On 4/9/19, SACE filed
a Notice of Withdrawal stating it was withdrawing as part of a global settlement of
their disputes with FPL regarding the Cooling Canal System for Turkey Point Units
3 and 4. On 10/24/19, the Atomic and Licensing Board entered its
Memorandum and Order(Denying Requests for Rule Waiver and Admission of
Newly Proffered Contentions and Terminating Proceeding). The County
Attorney's Office will continue monitoring the case; the environmental groups
are entitled to an appeal to the Nuclear Regulatory Commission.
Cases of Interest at Trial Court Level
C,
4. Sunset Garden Estate Land Trust v. Monroe County, CAP 19-460. Property owner
filed a two-count complaint alleging that various state laws including the Right to
Farm Act, F.S. 823.14, preempts the County's land development regulations from
applying to its parcel and seeking judicial declarations that its alleged agricultural
activities are immune from the County's land development regulations. The
County filed a Motion to Dismiss on 10/21/19. The Motion has not yet been
set for hearing by the Court.
U
5. KITK, LLC v. Monroe County, CAP 19-351. Property owner filed a Complaint Q
seeking a judicial declaration that F.S. 419.001(12) preempts Monroe County's land
development regulations from prohibiting, on its allegedly residentially zoned
property, its alleged community residential home of six or fewer residents. The
County filed a Motion to Dismiss on 7/30/19. That Motion has not yet been set
for hearing by the Court.
IL
6. Joshua J. Hertz PA d/b/a Law Offices of Joshua J. Hertz, P.A. v. Lubna Zahan,
Monroe County d/b/a TraumaStar, Global Sky Aircharter Corporation, et al., 11t"
Circuit (Miami-Dade), 2019-024682-CA-01: The plaintiff law firm represented Ms.
Zahan following an auto accident and obtained $30,000 from the other driver's
insurer, against bills from providers (including Trauma Star) in excess of $90,000.
The law firm filed this interpleader action to deposit the settlement funds and ask the
Circuit Court to apportion the settlement funds among the providers. The County
filed an Answer on 10/7/19. County bills for the transport exceed $23,000.
7. Monroe County v. Magnolia 101, LLC. CA-P 13-945. This case began as the
County's complaint for an injunction and foreclosure of a code compliance lien. The
Court entered a judgment in favor of the County on 5/2/17. The property owner
appealed this decision to the Third District Court of Appeal (Case No. 3D-17-1312).
On 2/27/19, the Third DCA issued a "per curiam" opinion, affirming the ruling of the
lower court (in the County's favor). The case was returned to the trial court to
determine the final amount of the fines. The parties were unable to settle so the
trial court will schedule a hearing on the amount of the fines.
2
Packet Pg. 2773
R.1.b
8. Roy's Trailer Park v. Noel & Monroe County, 19-CA-175-K (lower tribunal: CC-K-18-
112). Declaratory Judgment action filed by trailer park against County as part of its
eviction suit against its tenant. County filed counterclaim asking for temporary
injunction prohibiting occupancy at the park until serious fire and life safety issues
have been addressed, and for appointment of a receiver, on 10/4/18. On 6/10/2019
Judge Helms granted Monroe County's Application for an Inspection Warrant. The
property has since been inspected and the Building Department is preparing its
inspection findings. All lot owners have now been named as counter-
defendants and service of process is underway.
9. Burke Construction Group, Inc. v. Monroe County, CA-M 19-80 - On 7/11/19, Burke
Construction Group served a multi count complaint arising from the County's bid
protest procedure and decisions to award contracts the Marathon Library and
Cudjoe Fire Station projects to other contractors. The County filed a motion to
dismiss. A hearing on the motion will likely be scheduled in November 2019. Burke
took depositions of County witnesses on 10/3 and 10/4/19.
C,
10. Coral Hammock Rental v. Monroe County, CA K 17-588. Coral Hammock sued
Monroe County on 7/25/17, seeking to declare that the county's vacation rental
ordinance is preempted by state law and that Coral Hammock is permitted to
vacation rent. The County filed a counterclaim seeking injunctive relief to prohibit
the continued vacation rental of the subject property. On 8/23/19, Coral Hammock
filed a Motion to File Second Amended Complaint to add additional property owners
in Coral Hammock, a declaratory judgment for constitutional violations, and claim for
damages under 42 U.S.C. § 1983 (due process). Monroe County filed a notice of
removal to federal court on 9/18/19. On 10/24/19, the code violations were heard
by the Code Enforcement Special Magistrate; the parties are awaiting the
magistrate's ruling. On 10/24/19, the federal court entered its Order Setting
Civil Trial Date and Pretrial Schedule, Requiring Mediation, and Referring
Certain Motions to Magistrate Judge. The jury trial is set for 8/3/20.
IL
11.Sirena Key, LLC v. Monroe County, CAP 18-704. On 9/21/18, Sirena Key sued the
county seeking to declare that the vacation rental ordinance is preempted by state
law due to alleged changes in the County's enforcement practices. The County filed
its answer to the complaint on 1/22/19 and is conducting discovery. Also pending
in the Circuit Court is an appeal from the Special Magistrate's decision finding Sirena
Key in violation of the vacation rental ordinance, Sirena Key, LLC v. Monroe County, >
18-AP-3-K. In this case, the Appellant Sirena Key has filed a motion to stay the
appeal pending resolution of the 16t" Judicial Circuit Case. The County has filed an
opposition. The parties have filed cross motions for summary on Counts I and
II and awaiting scheduling to be heard by the court.
12. AshBritt, Inc. v. Monroe County & FDOT, CA-K-17-802. AshBritt filed a second
amended complaint against the County for breach of contract and a new claim for
breach of implied covenant of good faith and fair dealing. The County filed its answer
and affirmative defenses to the complaint, and a motion for summary judgment
(MSJ) concerning the three remaining AshBritt invoices and the new claim. The
County's MSJ was set for hearing on 9/4/19 but AshBritt requested and was granted
a continuance. A hearing on the MSJ is set for 11/20/19.
3
Packet Pg. 2774
R.1.b
13.Maschal et al. v. Monroe County and FKAA, CA K 19-186 — Following the Court's
dismissal of the Delaney lawsuit, on 2/28/19 the same attorney filed a new lawsuit
against Monroe County and FKAA on behalf of Banks Prevatt and 11 other
individuals. The complaint seeks essentially the same relief as the Delaney lawsuit.
The County was served on 4/1/19. The County and FKAA filed a joint motion to
dismiss, on the grounds that the ordinance on which the complaint was based was
repealed and replaced by the BOCC earlier this spring, and therefore, the complaint
is moot. The case was recently re-assigned to Judge Wilson. A hearing on the
Defendants' Joint Motion to Dismiss is scheduled for 11/7/19.
14. Disaster Solutions, LLC v. Monroe County, CAK19-32. An action for breach of
contract and other claims arising from a firm that had a purchase order to provide
services which were capped at $49,999 but who submitted invoices in excess of
$700,000. The Court granted the County's motion to dismiss on 4/4/19. Disaster
Solutions filed a third amended complaint on 8/15/19. The County has filed a
motion to dismiss, which will be heard on 11/20/19.
15.Keith Munt v. Monroe County — CAK 16-330. In this code lien collection case, the
property owner filed a counterclaim seeking damages and other relief. The Board
rejected the property owner's proposed settlement agreement on 4/17/19; the
property owner rejected the County's counter-offer. A pre-trial hearing was held on
8/15/19. Trial is scheduled for 11/14 & 15/19.
16. Monroe County v. Purdue Pharma L.P. et al., No. 4:19-cv-10049. This case was
filed by Monroe County against opioid manufacturers/marketers and distributors on
4/3/19. The complaint seeks damages including punitive damages, attorneys' fees,
costs, and injunctive relief. The case is part of multi-district litigation. On 7/15/19,
the County filed its initial statement describing damages. The case is at the early
discovery stages. A federal judge in Cleveland has certified all similar cases
across the country into a class for settlement purposes. The County has until
a.
11/22/19 to decide whether to opt out of the class.
17.Kresser v. Monroe County, 18-CA-521-P. Mr. Kresser filed his action for declaratory
relief and to quiet title on 7/24/18. The property at issue is located along Card Sound
Road. In 1967, the County obtained from Mr. Kresser's predecessor in title a right-
of-way easement for the construction and maintenance of Card Sound Road. Mr.
Kresser is seeking to invalidate the easement based on an allegation of
abandonment. Monroe County's motions for summary judgment were heard on
9/13/19. On 10/4/19 the Court issued an order granting two of the County's three
motions for summary judgment against Mr. Kresser. On 10/14/19 Mr. Kresser filed
a Motion for Reconsideration. The County filed a Response opposing that
Motion on 10/23/19. The Motion is now pending a ruling by the Court.
18.Monroe County v. Norman Wartman, CAP 18-380: This is an action to enforce a
code lien. The underlying violations were for failure to have a vacation rental
manager license and unlawful vacation rentals. At the time of filing, fines had
accrued to $586,988. The parties are in settlement discussions.
4
Packet Pg. 2775
R.1.b
19.Kane County Utah v. United States of America, U.S. Court of Fed. Claims, 17-793C.
County joined a class action suit filed by Kane County Utah challenging the federal
government's payment under the Payment In Lieu of Taxes (PILT) program in 2015-
2017, which partially compensates local governments for the loss of property tax
revenues when certain parcels are in ownership under the Department of Interior.
On 10/20/19, the County received its settlement check for$31,400. This matter
is now concluded.
20.Keith & Cheri Cohen v. Monroe County, 15-10167-CIV /USCA 17-15552-G — On
9/20/18, the 11t" Circuit Court of Appeals affirmed a 2017 ruling by U.S. District
Judge Jose Martinez, when he found in favor of the County by ruling that the
County's workforce housing requirement that income must be earned in the County
did not discriminate against the Cohens due to their asserted disabilities. The Court
ordered the Cohens to sell their property to a qualified buyer within 6 months and
vacate the premises. The Cohens sold the property to their daughter so the Court
denied the County's motion to enforce the judgment. The County is seeking
to recover the costs it expended in prosecuting this action and will file a
motion to tax costs if necessary.
21.Monroe County v. Faresh Miguel Atala CAP 18-809: This is an action to enforce a
code lien arising from multiple counts for unsafe buildings on the parcel. At the time
of compliance, the owner owed over $500,000 in code fines. The parties are in
settlement discussions.
0
�s
Appellate Cases of Interest
C)
Ir-
22.Galleon Bay Corp. v. Monroe County and State of Florida — CA K 02-595. The
developer/property owner appealed a final judgment in the amount of $480,511 in N
her favor to the Third DCA; the County and State cross appealed (Case No. 3d 16-
1502). On 9/12/18, the Third DCA affirmed the trial court's decision. The property
owner's motions for rehearing, written opinion, and for rehearing en banc were
denied on 2/1/19. The appellate court issued its mandate on 2/19/19 returning
jurisdiction to the trial court. The trial court entered an order denying Galleon Bay's
motion to invalidate the final judgment on 8/16/19. On 9/13/19 Galleon Bay filed a
notice of appeal of that order in the Third DCA (Case No. 3D19-1783). On 9/19/19
Monroe County paid the total judgment amount of$531,390.67, and the Clerk issued
a Satisfaction of Judgment. Galleon Bay's initial brief was filed on 9/30/19. On
10/18/19, Monroe County and the State filed their Joint Motion to Dismiss
Appeal. Galleon Bay filed its response on 11/4/19. The parties are awaiting a
ruling on the motion.
23.Monroe County & State of Florida v. Donald Davis (Collins) — CA M 04-379/3D17-
500. On 2/15/17, Judge Jones entered a final judgment in favor of Mr. Davis in the
amount of $347,475. The County filed a Notice of Appeal on 3/17/17. Briefing was
complete in April 2018. On 10/2/19, the Third DCA issued a PCA opinion
affirming the judgment of the trial court. The County and State are jointly liable
to pay $370,500. The Land Authority will have an item on the November
agenda to authorize payment of the agenda.
5
Packet Pg. 2776
R.1.b
24.Monroe County v. Sugarloaf VFD, Inc. & Sugarloaf Wi-Fi, Inc. (Wi-Fi), Case
numbers: 3D19-434 & CA K 17-631. The County sued both SVFD and Wi-Fi to
declare a lease between SVFD and Wi-Fi invalid on the grounds that SVFD had not
approved the lease in an open meeting. The trial court ruled in favor of the County
and voided the lease. Wi-Fi appealed but SVFD did not. Wi-Fi served its initial
brief on 10/18/19. The County has until 12/18/19 to file its Answer Brief.
25.KW Resort Utilities Corp. Rate Litigation (Florida Public Service Commission Docket
No. 20170141-SU); appellate case number 1D18-4212. In June 2017, KWRU
sought approval of a second rate increase from the Public Service Commission
(PSC) following a prior increase in March of 2017. After a public hearing was held,
the PSC partially granted KWRU requested increase in an order dated 9/4/18. The
County filed an appeal of the PSC's decision on 10/3/18. The appeal was
consolidated with an appeal filed by the Office of Public Counsel. All of the briefing
is finished. The First DCA turned down the County's request for oral argument. The
parties are awaiting a decision from the First DCA.
26.Vacation Rentals of the Florida Keys v. Monroe County-19-AP-003-M. VRFK filed W
an appeal of three Final Orders entered by Monroe County Code Special Magistrate
John G. Van Laningham in Code Enforcement Case Nos. 19040007, 1904008, and
19040022. Each order found VRFK in violation of Section 134-1(k)(1) of the Monroe
County Code and imposed a one-time fine of$5,000.00. VRFK separately appealed
each Final Order. Following an agreed motion, the Court consolidated the appeals.
VRFK filed its initial brief on 9/6/19. The County filed its answer brief on 10/28/19. �?
Oral argument is set for 11/18/19.
N
C)
N
Other Matters of Interest
a.
27.Vacation Rental Prosecutions. In October of 2019, the Code Compliance
Department presented 37 vacation rental cases to the Special Magistrate. Of those,
8 were found in violation, 1 was dismissed, and the remainder will continued. The
Special Magistrate imposed fines totaling $19,800.00. See attached spreadsheet.
28.Code Fine Collections. During October of 2019, the Code and Legal Departments
collected $237,608.65 in fines and costs. This is the first month of the fiscal year so >
the cumulative number is the same. See attached spreadsheet.
29.Less than Fee Program. Under this program, the County purchases the
development rights on vacant properties for qualifying properties from willing
sellers. To date, there have been 259 applications since the program launched in
October of 2018. The Board has approved 50 purchases. Staff has rejected 60
applications that did not satisfy the criteria for the program. To qualify, a property
owner must own the vacant lot adjacent to his or her dwelling unit and not have
otherwise retired the development rights for that vacant lot. More information on the
program can be found at: http-//www.monroecountv-fi.qov/1029/Less-Than-Fee-
Program.
6
Packet Pg. 2777
R.1.b
30. New Hire. Putnam County Attorney Joseph DiNovo has been hired to replace Chris
Ambrosio, who became the General Counsel for the City of Jacksonville Beach in
October. Mr. DiNovo's tentative start date is 1/1/20, but may be moved up if he can
wrap up his commitments in Putnam County sooner. Mr. DiNovo will primarily
represent the County's Project Management Department. Prior to being named as
County Attorney for Putnam County, Mr. DiNovo worked as an Assistant County
Attorney for Hernando County. Attached is his resume.
0
0
�s
Packet Pg. 2778
Total fines and CUMMONTH FINES COSTS Costs ATF FEES FEMA INSP TOTALALL PATAY
Oct-19 214,502.00 23,106.65 237,608.65 14,184.24 0.00 251,792.89 251,792.8
Nov-19
Dec-19
Jan-20
Feb-20
Mar-20
Apr-20
May-20
Jun-20
Jul-20
Aug-20
Sep-20 O
2019-2020 TOTALS 214,502.00 23,106.65 237,608.65 14,184.24 0.00 251,792.89
Oct-18 253,116.80 18,009.84 271,126.64 6,778.00 0.00 277,904.64 277,904.6
Nov-18 125,598.96 10,889.53 136,488.49 24,794.50 0.00 161,282.99 439,187.6 >%
Ga
Dec-18 88,200.00 9,355.32 97,555.32 6,700.00 0.00 104,255.32 543,442.9
Jan-19 69,500.00 6,586.43 76,086.43 11,320.00 0.00 87,406.43 630,849.3 0
Feb-19 163,410.90 13,655.94 177,066.84 13,031.50 0.00 190,098.34 820,947.1
Mar-19 123,729.53 11,289.45 135,018.98 28,210.00 0.00 163,228.98 984,176.7 >%
Apr-19 117,602.07 10,149.71 127,751.78 30,490.00 0.00 158,241.78 1,142,418.4
May-19 226,445.80 21,179.45 247,625.25 52,601.00 0.00 300,226.25 1,442,644.7 O
Jun-19 170,542.05 14,618.43 185,160.48 18,602.00 0.00 203,762.48 1,646,407.2
Jul-19 51,927.51 22,316.50 74,244.01 42,935.94 0.00 117,179.95 1,763,587.1
Aug-19 139,884.82 22,736.88 162,621.70 16,000.00 0.00 178,621.70 11942,208.8
Sep-19 142,855.12 21,742.25 164,597.37 18,699.76 0.00 183,297.13 2,125,505.9 aw
w
2018-2019 TOTALS 1,672,813.56 182,529.73 1,855,343.29 270,162.70 0.00 2,125,505.99 co
Oct-17 91,400.00 5,555.74 96,955.74 0.00 0.00 96,955.74 96,955.7 g,
Nov-17 82,378.03 2,081.75 84,459.78 1,000.00 0.00 85,459.78 182,415.5
Dec-17 221,965.50 10,273.34 232,238.84 2,500.00 0.00 234,738.84 417,154.3 LL
Jan-18 12,258.00 2,411.06 14,669.06 2,549.00 0.00 17,218.06 434,372.4 0
Feb-18 117,628.00 9,725.40 127,353.40 4,527.00 0.00 131,880.40 566,252.8
Mar-18 131,855.80 5,855.52 137,711.32 8,198.00 0.00 145,909.32 712,162.1 I®
Apr-18 102,294.74 9,032.96 111,327.70 18,776.00 0.00 130,103.70 842,265.8 w
May-18 234,644.55 12,005.31 246,649.86 12,963.00 0.00 259,612.86 1,101,878.7 2
Jun-18 159,579.18 15,627.12 175,206.30 7,000.00 0.00 182,206.30 1,284,085.0
Jul-18 178,590.00 12,735.62 191,325.62 9,100.00 0.00 200,425.62 1,484,510.6 Q
Aug-18 305,175.19 25,319.00 330,494.19 8,500.00 0.00 338,994.19 1,823,504.8 w
Sep-18 194,858.92 11,751.09 206,610.01 10,500.00 0.00 217,110.01 2,040,614.8
2017-2018 TOTALS 1,832,627.91 122,373.91 1,955,001.82 85,613.00 0.00 2,040,614.82
(n
Oct-16 217,650.79 13,725.86 231,376.65 4,400.00 0.00 235,776.65 235,776.E ou
Nov-16 227,785.20 19,645.28 247,430.48 5,000.00 0.00 252,430.48 488,207.1 a
Dec-16 265,695.00 17,792.51 283,487.51 9,614.00 0.00 293,101.51 781,308.E
Jan-17 20,211.00 4,373.92 24,584.92 1,000.00 0.00 25,584.92 806,893.5
Feb-17 75,765.37 8,548.48 84,313.85 0.00 0.00 84,313.85 891,207.4 W
Mar-17 148,287.86 12,850.64 161,138.50 5,430.00 0.00 166,568.50 1,057,775.9 _
Apr-17 44,886.86 8,739.36 53,626.22 6,500.00 0.00 60,126.22 1,117,902.1 LL
May-17 99,402.60 12,369.67 111,772.27 5,850.00 0.00 117,622.27 1,235,524.4 w
Jun-17 78,697.00 9,474.69 88,171.69 8,402.00 0.00 96,573.69 1,332,098.0 I®
Jul-17 89,965.00 12,458.67 102,423.67 2,000.00 0.00 104,423.67 1,436,521.7
Aug-17 216,371.93 10,646.72 227,018.65 5,781.00 0.00 232,799.65 11669,321.4
Sep-1 7 0.00 0.00 0.00 0.00 0.00 0.00 1,669,321.4
2016-2017 Totals 1,484,718.61 130,625.80 1,615,344.41 53,977.00 0.00 1,669,321.41
Oct-15 61,426.72 10,511.57 71,938.29 7,750.00 0.00 79,688.29 79,688.2 c�
Nov-15 48,354.30 11,793.36 60,147.66 4,973.00 0.00 65,120.66 144,808.9
Dec-15 62,632.50 6,632.92 69,265.42 2,000.00 0.00 71,265.42 216,074.3 Q
Jan-16 107,268.81 9,832.65 117,101.46 3,950.00 0.00 121,051.46 337,125.8
Feb-16 51,280.56 4,053.38 55,333.94 5,700.00 0.00 61,033.94 398,159.7
Mar-161 90,377.88 9,444.40 99,822.28 3,500.00 0.001 103,322.28 501,482.0
Apr-161 195,134.491 9,909.371 205,043.861 11,950.001 0.001 216,993.8E 718,475.9
O:\CODE COMPLIANCE\FINES AND COSTS REPORTS\2019\OCTOBER 2019\MASTER FINES AND COSTS SPREADSHEET AS OF OCTOB packet Pg. 2779
Total fines and CUMMONTH FINES COSTS Costs ATF FEES FEMA INSP TOTALALL PATAY
May-16 116,788.89 10,038.53 126,827.42 5,750.00 0.00 132,577.42 851,053.3"
Jun-16 76,766.16 15,398.33 92,164.49 5,450.00 0.00 97,614.49 948,667.8
Jul-16 55,079.02 7,142.74 62,221.76 3,000.00 0.00 65,221.76 1,013,889.5
Aug-16 56,431.52 8,022.33 64,453.85 2,255.00 0.00 66,708.85 1,080,598.4
Sep-16 76,726.41 9,679.07 86,405.48 8,400.00 0.00 94,805.48 1,175,403.9
2015-2016 Totals 998,267.26 112,458.65 1,110,725.91 64,678.00 0.00 1,175,403.91
Oct-14 54,290.83 10,089.61 64,380.44 2,000.00 0.00 66,380.44 66,380.4 cD
Nov-14 6,937.50 2,320.91 9,258.41 5,293.00 0.00 14,551.41 80,931.8
Dec-14 32,966.67 5,214.20 38,180.87 8,604.00 0.00 46,784.87 127,716.7
Jan-15 3,591.67 1,707.54 5,299.21 4,500.00 0.00 9,799.21 137,515.9 E
Feb-15 57,802.61 9,142.24 66,944.85 5,537.40 0.00 72,482.25 209,998.1 0
Mar-15 68,916.67 6,091.97 75,008.64 8,060.00 0.00 83,068.64 293,066.8 o
A r-15 50,862.50 3,932.05 54,794.55 8,665.00 0.00 63,459.55 356,526.3 Z
Ma -15 38,366.66 5,229.36 43,596.02 9,666.30 0.00 53,262.32 409,788.6 1�
Jun-15 25,259.58 7,955.08 33,214.66 4,830.00 0.00 38,044.66 447,833.3 EL
Jul-15 68,735.00 9,488.79 78,223.79 10,450.00 0.00 88,673.79 536,507.1 0
Aug-1 5 27,778.66 6,091.43 33,870.09 8,707.10 0.00 42,577.19 579,084.3
Sep-1 5 44,422.72 5,214.04 49,636.76 9,125.00 0.00 58,761.76 637,846.0
2014-2015 Totals 479,931.07 72,477.22 552,408.29 85,437.80 0.00 637,846.09
0
Oct-13 35,349.96 3,466.03 38,815.99 7,525.00 0.00 46,340.99 46,340.9
Nov-13 30,809.25 4,138.09 34,947.34 3,250.00 0.00 38,197.34 84,538.3
Dec-13 27,691.63 4,865.47 32,557.10 6,150.00 0.00 38,707.10 123,245.4
Jan-14 41,804.65 1,752.21 43,556.86 3,000.00 0.00 46,556.86 169,802.2 0
Feb-14 51,544.58 5,485.34 57,029.92 4,000.00 0.00 61,029.92 230,832.2
Mar-14 28,856.45 5,053.71 33,910.16 4,000.00 0.00 37,910.16 268,742.3 c)
A r-14 22,908.66 5,418.39 28,327.05 8,500.00 0.00 36,827.05 305,569.4
Ma -14 8,691.99 3,152.10 11,844.09 10,558.00 0.00 22,402.09 327,971.5
327.971.5
Jun-14 79,184.00 14,272.72 93,456.72 7,000.00 0.00 100,456.72 428,428.2 CO
Jul-14 12,108.94 6,453.84 18,562.78 7,500.00 0.00 26,062.78 454,491.0 0
Aug-1 4 11,275.03 2,842.32 14,117.35 4,994.00 0.00 19,111.35 473,602.3
Sep-1 4 53,768.00 8,782.68 62,550.68 8,196.40 0.00 70,747.08 544,349.4 0
2013-2014 Totals 403,993.14 65,682.90 469,676.04 74,673.40 0.00 544,349.44 U-
Oct-12 39,950.54 6,278.67 46,229.21 7,250.00 990.00 54,469.21 54,469.2
Nov-12 17,416.97 1,461.55 18,878.52 3,700.00 720.00 23,298.52 77,767.7
Dec-12 56,966.98 9,203.80 66,170.78 3,500.00 270.00 69,940.78 147,708.5 W
Jan-13 30,599.96 7,206.40 37,806.36 3,880.00 450.00 42,136.36 189,844.8
Feb-13 29,600.30 6,145.60 35,745.90 3,500.00 270.00 39,515.90 229,360.7
Mar-13 15,821.30 4,406.98 20,228.28 5,200.00 270.00 25,698.28 255,059.0
Apr-13 27,074.31 3,678.13 30,752.44 3,000.00 810.00 34,562.44 289,621.4 W
May-13 32,386.69 5,795.00 38,181.69 4,000.00 450.00 42,631.69 332,253.1
Jun-13 14,466.64 2,912.69 17,379.33 3,000.00 360.00 20,739.33 352,992.5
Jul-13 25,166.66 2,245.54 27,412.20 6,313.60 90.00 33,815.80 386,808.3
Aug-13 32,566.64 1,450.56 34,017.20 5,800.00 0.00 39,817.20 426,625.5
Sep-13 51,324.96 3,330.80 54,655.76 3,750.00 0.00 58,405.76 485,031.2 0
2012-2013 Totals 373,341.95 54,115.72 427,457.67 52,893.60 4,680.00 485,031.27
Oct-11 64,020.50 6,892.20 70,912.70 3,500.00 2,430.00 76,842.70 76,842.7
Nov-11 8,800.00 3,386.36 12,186.36 2,000.00 1,170.00 15,356.36 92,199.0
Dec-11 3,550.00 2,635.70 6,185.70 2,500.00 1,800.00 10,485.70 102,684.7 Z
Jan-12 21,300.00 4,725.41 26,025.41 3,000.00 1,620.00 30,645.41 133,330.1 ILL
Feb-12 28,546.66 3,695.38 32,242.04 1,800.00 1,440.00 35,482.04 168,812.2 w
Mar-12 31,925.00 5,516.99 37,441.99 3,500.00 1,620.00 42,561.99 211,374.2
Apr-12 36,696.66 2,693.08 39,389.74 4,000.00 1,800.00 45,189.74 256,563.9
May-12 65,617.33 6,176.11 71,793.44 4,060.00 1,530.00 77,383.44 333,947.3
Jun-12 5,217.00 667.39 5,884.39 2,000.00 810.00 8,694.39 342,641.7
Jul-12 28,433.32 6,782.45 35,215.77 1,590.00 1,080.00 37,885.77 380,527.5
Gs
Aug-12 7,917.30 9,126.20 17,043.50 4,745.00 630.00 22,418.50 402,946.0
Sep-12 15,350.00 600.79 15,950.79 2,000.00 720.00 18,670.79 421,616.8
2011-2012 Totals 317,373.77 52,898.06 370,271.83 34,695.00 16,650.00 421,616.83
Oct-10 28,433.00 5,430.21 33,863.21 0.00 0.00 33,863.21 33,863.2
Nov-10 28,234.78 4,972.51 33,207.29 1,000.00 2,070.00 36,277.29 70,140.5
Dec-10 36,730.68 3,159.63 39,890.31 9,800.00 2,160.00 51,850.31 121,990.8
Jan-11 42,444.08 5,188.79 47,632.871 5,405.001 1,980.001 55,017.871 177,008.6
Feb-11 26,727.00 5,126.63 31,853.631 3,220.001 2,060.001 37,133.631 214,142.3
O:\CODE COMPLIANCE\FINES AND COSTS REPORTS\2019\OCTOBER 2019\MASTER FINES AND COSTS SPREADSHEET AS OF OCTOB packet Pg. 2780
Total fines and CUMMONTH FINES COSTS Costs ATF FEES FEMA INSP TOTALALL PATAY
Mar-11 55,517.56 9,022.78 64,540.34 14,283.00 3,240.00 82,063.34 296,205.6-
Apr-11 20,201.00 5,076.11 25,277.11 1,500.00 2,340.00 29,117.11 325,322.7
May-11 19,470.50 5,792.91 25,263.41 2,500.00 3,960.00 31,723.41 357,046.1
Jun-11 19,154.96 6,489.46 25,644.42 3,000.00 2,880.00 31,524.42 388,570.5
Jul-11 17,625.00 2,691.82 20,316.82 1,500.00 1,710.00 23,526.82 412,097.4
Aug-11 58,432.00 5,282.78 63,714.78 3,000.00 3,330.00 70,044.78 482,142.1
Sep-11 20,700.00 4,253.46 24,953.46 2,000.00 2,340.00 29,293.46 511,435.6
2010-2011 Totals 373,670.56 62,487.09 436,157.65 47,208.00 28,070.00 511,435.65
cv
Oct-09 2,605.25 2,197.76 4,803.01 0.00 1,950.00 6,753.01 6,753.3 4)
Nov-09 24,337.98 2,518.11 26,856.09 0.00 1,620.00 28,476.09 35,229.1 E
Dec-09 17,897.58 2,459.76 20,357.34 0.00 2,320.00 22,677.34 57,906.4 0
Jan-10 24,351.33 1,929.51 26,280.84 0.00 1,800.00 28,080.84 85,987.2 O
Feb-10 1,191.33 1,368.20 2,559.53 0.00 1,260.00 3,819.53 89,806.8 z
Mar-10 5,621.83 3,705.74 9,327.57 500.00 2,760.00 12,587.57 102,394.3 O
Apr-10 4,500.00 8,299.61 12,799.61 1,000.00 2,950.00 16,749.61 119,143.9 9
May-10 29,587.00 3,703.34 33,290.34 2,000.00 2,820.00 38,110.34 157,254.3
Jun-10 16,608.36 5,017.01 21,625.37 10,070.00 1,890.00 33,585.37 190,839.7 >1
Ga
Jul-10 5,583.00 4,096.95 9,679.95 2,500.00 1,350.00 13,529.95 204,369.6
Aug-10 15,866.00 5,164.69 21,030.69 13,068.80 2,250.00 36,349.49 240,719.1 O
Sep-10 35,556.50 2,375.07 37,931.57 0.00 0.00 37,931.57 278,650.7
2009-2010 Totals 183,706.16 42,835.75 226,541.91 29,138.80 22,970.00 278,650.71
Oct-08 8,226.62 893.85 9,120.47 0.00 2,610.00 11,730.47 11,730.4 0
Nov-08 4,047.50 153.22 4,200.72 0.00 2,340.00 6,540.72 18,271.1
Dec-08 6,768.75 2,091.65 8,860.40 0.00 2,700.00 11,560.40 29,831.5
Jan-09 1,000.00 667.86 1,667.86 0.00 2,770.00 4,437.86 34,269.4
Feb-09 31,413.26 1,493.71 32,906.97 0.00 2,070.00 34,976.97 69,246.4 aw
Mar-09 21,275.00 1,082.51 22,357.51 0.00 2,770.00 25,127.51 94,373.9 W
Apr-09 7,996.37 531.28 8,527.65 0.00 2,830.00 11,357.65 105,731.5 Co
May-09 101,604.72 5,039.96 106,644.68 0.00 2,170.00 108,814.68 214,546.2 0
Jun-09 15,682.82 4,887.75 20,570.57 0.00 1,980.00 22,550.57 237,096.8
Jul-09 25,378.25 1,999.07 27,377.32 0.00 1,710.00 29,087.32 266,184.1 0
Aug-09 21,447.00 3,303.99 24,750.99 0.00 1,610.00 26,360.99 292,545.1 LL
Sep-09 12,252.82 2,744.00 14,996.82 0.00 1,440.00 16,436.82 308,981.9 0
2008-2009 Totals 257,093.11 24,888.85 281,981.96 0.00 27,000.00 308,981.96
Oct-07 7,570.00 725.00 8,295.00 0.00 50.00 8,345.00 8,345.0
Nov-07 6,500.50 500.00 7,000.50 0.00 1,350.00 8,350.50 16,695.5
Dec-07 1,660.35 618.50 2,278.85 0.00 1,980.00 4,258.85 20,954.3
Jan-08 1,657.00 100.00 1,757.00 0.00 2,610.00 4,367.00 25,321.3
Feb-08 9,000.00 300.00 9,300.00 0.00 2,250.00 11,550.00 36,871.3 w
Mar-08 33,105.50 400.00 33,505.50 0.00 2,880.00 36,385.50 73,256.8
Apr-08 3,118.50 738.53 3,857.03 0.00 3,510.00 7,367.03 80,623.8
May-08 8,425.00 526.04 8,951.04 0.00 3,140.00 12,091.04 92,714.9
Jun-08 14,100.00 170.71 14,270.71 0.00 3,960.00 18,230.71 110,945.6 U)
Jul-08 1,350.00 135.02 1,485.02 0.00 2,230.00 3,715.02 114,660.6
Aug-08 8,000.00 600.00 8,600.00 0.00 2,980.00 11,580.00 126,240.6
Sep-08 6,212.50 200.83 6,413.33 0.00 2,250.00 8,663.33 134,903.9
2007-2008 Totals 100,699.35 5,014.63 105,713.98 0.00 29,190.00 134,903.98
Oct-06 0.00 0.00 0.00 0.00 0.00 0.00 0.0
Nov-06 0.00 0.00 0.00 0.00 0.00 0.00 0.0
Dec-06 0.00 0.00 0.00 0.00 0.00 0.00 0.0
Jan-07 10,918.00 1,500.00 12,418.00 0.00 0.00 12,418.00 12,418.0
Feb-07 1,500.00 1,823.55 3,323.55 0.00 0.00 3,323.55 15,741.5
Mar-07 2,150.00 1,001.95 3,151.95 0.00 0.00 3,151.95 18,893.5
Apr-07 4,017.70 902.70 4,920.40 0.00 0.00 4,920.40 23,813.9
May-07 21,060.00 900.00 21,960.00 0.00 0.00 21,960.00 45,773.9
Jun-07 1,250.00 3,585.00 4,835.00 0.00 0.00 4,835.00 50,608.9
Jul-07 8,399.98 1,207.50 9,607.48 0.00 0.00 9,607.48 60,216.3 cy
Aug-07 7,640.00 1,600.00 9,240.00 0.00 0.00 9,240.00 69,456.3
Sep-07 12,157.00 1,000.00 13,157.00 0.00 0.001 13,157.00 82,613.3
2007 Totals 69,092.68 13,520.70 82,613.38 0.00 0.001 82,613.38
O:\CODE COMPLIANCE\FINES AND COSTS REPORTS\2019\OCTOBER 2019\MASTER FINES AND COSTS SPREADSHEET AS OF OCTOB packet Pg. 2781
R.1.d
Joseph X. DiNovo
P.O. Box 1007 30152 Coconut Highway
Palatka, Florida 32178-1007 Big Pine Key, Florida 33043
EDUCATION
Syracuse University College of Law,Juris Doctor, 1980, Cum Laude �
John Carroll University,Bachelor of Arts, 1975,Magna Cum Laude
BAR ADMISSIONS
0
U.S. Supreme Court U.S. Court of Appeals, 6t'& 1 I'Circuits 1�
Florida Bar U.S. District Courts for the Middle, 0
New York Bar Northern, & Southern Districts of Florida
Ohio Bar U.S. District Court for the S.D. of Ohio
LEGAL EXPERIENCE
PUTNAM COUNTY ATTORNEY,Palatka,Florida. 0
Responsibilities include managing the legal affairs of the Putnam County Board of County Commissioners,
directly or in cooperation with outside counsel. Representative duties include attendance at the meetings of
the Board of County Commissioners, preparation of proposed legislation, contracts, ordinances and
resolutions, submission of recommendations with respect to amendment, revision and repeal of existing
ordinances,preparation and review of documents of legal significance prior to submission to the Board of 0
County Commissioners,provision of written and oral legal opinions,interpretations and advice to the Board c
of County Commissioners, County Administration, Subordinate Boards & Commissions and County z
Departments, direction of clerical staff and outside counsel and provision of assistance with emergency 6
support functions(ESF)in the Emergency Operations Center during emergencies. 2019 to Present.
CL
U)
0
ASSISTANT COUNTY ATTORNEY—HERNANDO COUNTY,Brooksville,Florida.
0
0
Responsibilities included the prosecution and defense of all civil and administrative matters assigned by the
Hernando County Attorney. Representative duties include the provision of legal counsel and advice on U)
matters of civil law to various county departments particularly in the areas of land use planning, W
environmental protection and coastal zone management. 2014 to 2019.
as
PRIVATE PRACTICE,Vero Beach,Florida/Columbus,Ohio.
Practice included the provision of litigation support,legal research,file review services and litigation strategy <
to fellow counsel,the representation of clients in collection matters before the Internal Revenue Service and
the representation of claimants before the Office of Disability Adjudication&Review of the Social Security
Administration Responsibilities also include the counseling of small businesses in commercial,corporate and
governmental contracting matters. 2005 to 2014.
1
Packet Pg. 2782
R.1.d
ATTORNEY ADVISOR, OFFICE OF APPELLATE OPERATIONS, OFFICE OF
DISABILITY ADJUDICATION & REVIEW, SOCIAL SECURITY ADMINISTRATION,
Baltimore,Maryland.
Responsibilities included the provision of technical assistance to the Appeals Council in the review of
decisions and dismissals rendered by Administrative Law Judges. Duties involved the analysis,research&
formulation of comprehensive recommended actions, including decisions,on behalf of the Appeals Council
and otherwise acting on Requests for Review of hearing decisions and dismissal orders issued by
Administrative Law Judges in claims filed under Title II and Title XVI of the Social Security Act, as
amended.2011 to 2013.
cv
APPELLATE STAFF ATTORNEY, CIRCUIT COURT, 19tb JUDICIAL CIRCUIT, Fort
Pierce,Florida
Responsibilities included the preparation of orders of the Administrative Judge, Appellate Division, acting
as liaison with the appellate clerks of St. Lucie, Martin, Okeechobee and Indian River counties and the z
preparation of the docket of the Appellate Division. Responsibilities also included the drafting of legal z
memoranda to the circuit judges serving on the Appellate Panel as well as the preparation of draft opinions 0
for the judges following oral argument and conference. 2002 to 2005.
ASSOCIATE ATTORNEY,ASSOCIATES &BRUCE L. SCHEINER,
ATTORNEYS AT LAW,Fort Myers,Florida
Responsibilities included the representation of private clients in personal injury actions. Representative
assistance included conducting and defending depositions, motion practice, mediation conferences, legal
research,writing and oral advocacy. 2001 to 2002.
0
SENIOR ATTORNEY,ENVIRONMENTAL & LAND USE LAW CENTER, .�
SHEPARD BROAD LAW CENTER,NOVA SOUTHEASTERN UNIVERSITY,
Fort Lauderdale,Florida
Responsibilities included assisting the General Counsel in the legal representation of public interest clients
including intervention in ongoing litigation, presentation of testimony before governmental entities and
advocacy in judicial proceedings involving land use and environmental issues. 2001.
z
EXECUTIVE DIRECTOR,PROTECT KEY WEST,INCORPORATED
D/B/A LAST STAND,Key West,Florida
Responsibilities included the planning, implementation and administration of a comprehensive protection CL
and management program regarding priority areas of Last Stand in the Florida Keys. Programs included U)
environmental protection and stewardship,marine resources,public outreach,community and governmental n
relations, fundraising and volunteer coordination. Duties involved collaboration with volunteer Board 0
Members,private agencies and corporations and community leaders to accomplish the goals of the programs 0
and the provision of legal services including advocacy on behalf of the organization. 1999 to 2001.
U)
PRIVATE PRACTICE, Columbus, Ohio.
General practice involving the representation of clients in environmental and Social Security disability
as
matters and through civil and criminal appellate advocacy. Environmental concentration on water issues
including co-counsel on Rivers Unlimited,Inc., et. al. v. Schregardus,86 Ohio Misc.2d 78,685 N.E.2d 603
(1997)which successfully challenged state legislation incompatible with the Clean Water Act as interpreted
in Columbus & Franklin County Metropolitan Park District, et al. v. Shank Director of Environmental
Protection. Environmental advocacy has also included the representation of a coalition of conservation
organizations in a subsequent state water quality rulemaking process. 1994 to 1999.
2
Packet Pg. 2783
R.1.d
ATTORNEY ADVISOR, OFFICE OF HEARINGS & APPEALS, SOCIAL SECURITY
ADMINISTRATION, Columbus, Ohio.
Responsibilities included the provision of legal advice and assistance to Administrative Law Judges at the
appellate level and the interpretation and research of complex provisions of Titles II,XVI and XVIII of the
Social Security Act and related federal and state laws and regulations pertaining to medical disability,
vocational rehabilitation and drug and alcohol addiction. 1996 to 1998.
JUDICIAL CLERK,JUSTICE A.WILLIAM SWEENEY,
SUPREME COURT OF THE STATE OF OHIO,Columbus, Ohio.
Responsibilities encompassed the review of motions and appellate briefs relative to cases pending before the
Supreme Court of the State of Ohio. Representative assistance included the preparation of legal memoranda CS!
summarizing the arguments of counsel and providing recommendations regarding the disposition of matters 0
presented for judicial resolution. Employment duties also involved drafting opinions of the court and E
dissenting opinions of the justice,including the landmark case of Columbus&Franklin County Metropolitan
Park District et. al. v. Shank, Director of Environmental Protection, 65 Ohio St. 3d 86, 600 N.E. 2d 1042 Z
(1992)which clarified the antidegradation policy embodied in the Clean Water Act. 1986 to 1994. �
LEGAL COUNSEL, DIVISIONS OF WATER AND SOIL & WATER CONSERVATION.
OHIO DEPARTMENT OF NATURAL RESOURCES,Columbus, Ohio. 0
Responsibilities included legal advice to above-mentioned Divisions within areas of their statutory authority.
Representative assistance involved drafting administrative orders and proposed legislation and review of
contractual agreements. Collateral duties included legal guidance concerning contemplated administrative
actions,review of potential revenue sources for local governmental entities and assistance in the conduct of
soil&water conservation district elections. 1985 to 1986.
0
GENERAL COUNSEL,NATIONAL WATER WELL ASSOCIATION, Columbus, Ohio.
Responsibilities included the provision of legal advice to Association membership regarding issues of
concern thereto. Additional duties included development of legal positions of the Association as embodied
in appellate briefs(amicus curiae),including Cline. et. al. v.American Aggregates Corporation, 15 Ohio St. 0
3d 384,474 N.E.2d 324, 15 OBR 501 (1984)and formal comment regarding governmental rule-making and
legislation on state and federal levels. Collateral responsibilities involved development of educational z
materials and scholarly articles suitable for presentation and publication,including authoring and editing the
Proceedings of the Ohio Water Law Conference (December 6, 1983). 1983 to 1984.
CL
ASSISTANT ATTORNEY GENERAL, STATE OF OHIO,
LIQUOR CONTROL SECTION, Columbus, Ohio.
Responsibilities included representation of the Ohio Department of Liquor Control as plaintiff before the 0
Ohio Liquor Control Commission as well as representation of the Commission in subsequent appeals of its 0
decisions. Collateral duties included representation of the Department in money actions resulting from cash
and inventory shortfalls of agency liquor stores operated by private citizens. 1981 to 1983.
LAW ASSOCIATE,DAVIS & TROTTA,ATTORNEYS AT LAW,Millerton,New York.
Responsibilities included all areas of general practice with emphasis upon collection matters, appeals of
federal administrative actions including Social Security Disability Determinations and representation of
clients in domestic relations disputes and real property transfers and litigation. 1980 to 1981.
ACTIVITIES,INTERESTS AND AWARDS
Environmental Policy Coordinator,Izaak Walton League of America,Ohio Division
Past Member,Florida Keys National Marine Sanctuary Advisory Council
Conservationist of the Year Award(1999),Izaak Walton League of America
Lifetime Achievement Award(1999),Ohio Environmental Council
3
Packet Pg. 2784