Item P5 } P.5
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
January 20, 2021
Agenda Item Number: P.5
Agenda Item Summary #7731
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
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AGENDA ITEM WORDING: Discussion and direction on whether to repeal Section 2-28 of the
Monroe County Code requiring County Officers to post public official bonds, which are duplicative
in light of the County's errors and omissions insurance coverage.
ITEM BACKGROUND: In 1998, the Florida Legislature amended state law to eliminate the
requirement that county officers post public officer bonds and left that decision to the discretion of
each county commission. In 2000, the BOCC adopted Ordinance 055-2000, which required bonds.
Between 2000 and 2013, the Commission voted to waive bonds for certain constitutional officers
who provided proof of adequate insurance coverage for errors and omissions. In 2013, the Board
adopted Ordinance 029-2013, which rescinded Ordinance 055-2000 and formalized the process of
waiving bonds for county officers who product proof of appropriate insurance coverage.
The 2013 ordinance is currently codified at Section 2-28 of the Monroe County Code. It provides
that county officers post bonds as follows:
a) Clerk of the circuit court $ 5,000
b) Sheriff $15,000
c) Tax collector $50,000
d) Property appraiser $10,000
e) County commissioners $ 2,000
f) Supervisor of elections $ 5,000
The ordinance further provides that the "commission may waive the requirement for a county officer
to purchase a bond if that officer purchases insurance that provides coverage in excess of the amount
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of the bond required for that office for the errors and omissions and honest services of that officer
and his/her employees. The county commission shall approve each waiver every January and June at
its regular business meeting." M.C.C. Section 2-28(2).
Under F.S. 137.05 and M.C.C. Section 2-28, the Board reviews the bonds and insurance coverage
for the five constitutional officers and the five county commissioners to determine if there is any
reason to require additional coverage every January and June. To date, the Board has never
determined that a county officer must obtain additional coverage nor has there been a need to make a
claim against a bond.
Given that the Legislature saw fit over 20 years ago to dispense with the requirement that county
officers post a bond, the lack of claims against such bonds in the intervening decades, as well as the
fact that the County's Risk Management program also obtains errors and omissions insurance
coverages for all 10 county officers covered by this ordinance, staff is seeking direction on
whether to prepare an ordinance repealing 2-28. Doing so would eliminate the modest but
duplicative cost of procuring the bonds and the staff time spent obtaining documentation necessary
to prepare the semi-annual agenda item for the Board to review the bonds.
PREVIOUS RELEVANT BOCC ACTION: On 7/17/13, the Board adopted Ordinance 029-2013.
On 12/13/00, the Board adopted Ordinance 055-2000.
CONTRACT/AGREEMENT CHANGES:
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STAFF RECOMMENDATION: Approve directing County Attorney to prepare an ordinance
repealing section 2-28 of the County Code and authorizing him to advertise such an ordinance for a
public hearing at the February BOCC meeting.
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date: n/a
Expiration Date: n/a
Total Dollar Value of Contract: n/a
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
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P.5
County Match:
Insurance Required:
Additional Details: Will result in a modest savings to the County and a reduction in staff
time.
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REVIEWED BY:
Bob Shillinger Completed 01/04/2021 1:26 PM
Maria Slavik Completed 01/04/2021 9:42 PM
Bob Shillinger Completed 01/05/2021 9:27 AM
Purchasing Completed 01/05/2021 10:48 AM
Budget and Finance Completed 01/05/2021 11:11 AM
Liz Yongue Completed 01/05/2021 12:28 PM
Board of County Commissioners Pending 01/20/2021 9:00 AM
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