Item P04 � P.4
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
May 20, 2020
Agenda Item Number: P.4
Agenda Item Summary #6931
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Derek Howard(305) 292-3470
N/A
AGENDA ITEM WORDING: Approval of a resolution authorization payment of appellate fees
and costs in Thomas F. Collins, et al. and Donald Davis v. Monroe County and State of Florida in
the amount of$33,475.56.
ITEM BACKGROUND: An attorney-client closed session was held on this matter at the Board's
May 8th Special Meeting. Monroe County has reached a settlement on appellate attorneys' fees and
costs with Donald David and Smith Hawks, P.L. wherein the County will pay the firm $33,475.56,
which is 50% of the firm's total fees and costs related to its representation of Mr. David in exchange
for a release for the other 50%. The State will be liable for the other 50%. This resolution
authorizes the clerk to pay Smith Hawks, P.L. $33,475.56.
PREVIOUS RELEVANT BOCC ACTION:
5/8/2020 (D3) Board held an attorney-client closed session on this matter.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval
DOCUMENTATION:
REV BOCC Resolution Authorizing Payment of Davis Appellate Fees 5 12 20
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
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P.4
Total Dollar Value of Contract: N/A
Total Cost to County: $33,475.53
Current Year Portion: $33,475.53
Budgeted: Yes
Source of Funds: 148-67504-530318
CPI: NA
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: No
County Match: N/A
Insurance Required: No
Additional Details:
REVIEWED BY:
Derek Howard Completed 05/12/2020 11:31 AM
Bob Shillinger Completed 05/12/2020 1:56 PM
Purchasing Skipped 05/12/2020 1:54 PM
Budget and Finance Completed 05/12/2020 1:57 PM
Maria Slavik Skipped 05/12/2020 1:54 PM
Kathy Peters Completed 05/12/2020 3:23 PM
Board of County Commissioners Pending 05/20/2020 9:00 AM
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P.4.a
RESOLUTION NO. -2020
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AUTHORIZING PAYMENT OF APPELLATE FEES AND
COSTS IN THOMAS F. COLLINS ET AL., AND DONALD
DAVIS V. MONROE COUNTY AND STATE OF FLORIDA.
WHEREAS, on February 15, 2017, Circuit Judge Mark Jones entered a Final Judgment for
Plaintiff Donald Davis (hereinafter "Final Judgment") in Thomas F. Collins, et. al. v. Monroe 0
County and State ofFlorida(Circuit Court Case No. 04-CA-379-M in the amount of$347,475.53
plus statutory interest from December 31, 2016 until the judgment is satisfied; and
WHEREAS, the Final Judgment retained jurisdiction to determine entitlement to costs and
attorney's fees; and C
WHEREAS, Monroe County and the State of Florida appealed the Final Judgment to the Third
District Court of Appeal and the Third District per curiam affirmed the Final Judgment on October
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2, 2019; and
WHEREAS, on October 2, 2019, the Third District conditionally granted Donald Davis' motion
for appellate attorney's fees; and
WHEREAS,the Final Judgment, exclusive of attorney's fees and costs,was satisfied on November <
22, 2019; ands
WHEREAS, Donald Davis was represented at the appellate level by Smith Hawks, P.L. and
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incurred $66,951.11 in attorney's fees and costs based on the firm's representation of him in the
matter; and E
WHEREAS, Monroe County has reached a settlement on appellate attorneys' fees and costs with
CD
Donald Davis and Smith Hawks, P.L. wherein the County will pay the firm $33,475.56, which is S
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50% of the firm's total fees and costs,upon receipt of a release by Mr. Davis and the firm as to the
remaining 50%, which would be separately paid by the State of Florida;
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NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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The Monroe County Clerk is authorized to pay Smith Hawks, P.L. $33,475.56.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 20th day of May, 2020.
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Mayor Heather Carruthers
Mayor Pro Tem Michelle Coldiron E
Commissioner Craig Cates
Commissioner David Rice
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P.4.a
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS a
OF MONROE COUNTY, FLORIDA
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BY: >
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Mayor Heather Carruthers
(SEAL) c
ATTEST: KEVIN MADOK, CLERK
By: .�
Deputy Clerk
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