Item R3 R.3
County �� � .�� �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
February 17, 2021
Agenda Item Number: R.3
Agenda Item Summary #7796
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Laurie Dastugue (305) 292-3576
1:30PM
AGENDA ITEM WORDING: A public hearing on a proposed Ordinance repealing Ordinance
029-2013 in its entirety; repealing s. 2-28 of the MCC and repealing all requirements for County
public officers to post public official bonds
ITEM BACKGROUND: The proposed ordinance would repeal Ordinance 029-2013, which is
codified at Section 2-28 of the County Code, thus eliminating the requirement for county officers to
post public official bonds. Since the County's Risk Management program procures errors and
omissions insurance coverage for the Commissioners and Constitutional Officers, as well as
employees, the continued requirement to purchase public official bonds is duplicative and an
unnecessary expenditure of funds. Moreover, given the limitations on the face of the bonds, the
bonds serve mostly a symbolic purpose with no true utility.
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which rescinded Ordinance 055-2000 and formalized the process of waiving bonds for county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
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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
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: The BOCC enacted Ordinance 055-2000 and
replaced with Ordinance 029-2013.
CONTRACT/AGREEMENT CHANGES:
Proposed Ordinance repealing public official bond requirements
STAFF RECOMMENDATION: Enactment by BOCC of proposed Ordinance
DOCUMENTATION:
Ordinance to repeal 2-28 of the Code eliminating public official bond requirement
Notice of Intent-Repeal of Public Official Bonds
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
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Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
Bob Shillinger Completed 02/02/2021 12:57 PM
Bob Shillinger Completed 02/02/2021 12:57 PM
Purchasing Completed 02/02/2021 1:28 PM
Budget and Finance Completed 02/02/2021 1:39 PM
Maria Slavik Completed 02/02/2021 1:41 PM
Liz Yongue Completed 02/02/2021 2:10 PM
Board of County Commissioners Pending 02/17/2021 9:00 AM
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R 3.a
ORDINANCE NO. -2021
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF N
MONROE COUNTY, FLORIDA REPEALING ORDINANCE NO. 029-2013
IN ITS ENTIRETY; REPEALING SECTION 2-28 OF THE MONROE
COUNTY CODE; AND REPEALING ALL REQUIREMENTS FOR
COUNTY PUBLIC OFFICERS TO POST PUBLIC OFFICIAL BONDS;
PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the State of Florida repealed the requirement for County Officials to
post public official bonds in 1998 when it enacted Chapter 98-34, Laws of Florida; and
WHEREAS, in response to that act, the Board enacted Ordinance 055-2000, which
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established various amounts for public official bonds for the County Commissioners and
the five County Constitutional Officers; and
WHEREAS, in 2013, the Board repealed Ordinance 055-2000 and replaced it with E
Ordinance 029-2013 which continued the bonds but also provided an option for
Constitutional Officers to purchase errors and omissions insurance in lieu of posting a Cr
public official bond; and
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WHEREAS, in the two decades since the Legislature enacted Chapter 98-34,
there have been no claims against the public official bonds of any County officer; and
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WHEREAS, the Board's Risk Management program purchases errors and
omissions insurance which also provides coverage for events that would be covered by
the bonds; and
WHEREAS, the Board finds that public official bonds are duplicative of the
County's insurance coverage and provide no material benefit to the taxpayers; and -
WHEREAS, the Board finds that repealing Ordinance 029-2013 will save on the
duplicative expenditure of public funds for public official bonds and result in the saving of
staff time spent processing the bonds and the Board's semi-annual inspection of those
bonds.
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT-
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SECTION 1. ORDINANCE 029-2013 is hereby repealed in its entirety. No County
public official bonds shall be required from this point forward.
SECTION 2. The Municipal Code Corporation is directed to remove Section 2-28
from the County Code.
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SECTION 3. This ordinance shall take effect immediately upon filing with the State
pursuant to F.S. 125.66.
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SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared
by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of
this ordinance as a whole, or any part thereof, other than the part declared invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property
or circumstances, such holding shall not affect its applicability to any other person,
property or circumstances.
SECTION 5. CONFLICT. All ordinances or parts of ordinances in conflict with this
Ordinance are hereby repealed to the extent of said conflict.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
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County, Florida at a regular meeting of said Board held on the 17t"day of February, 2021.
Mayor Michelle Coldiron
Mayor Pro Tern David Rice E
Commissioner Craig Cates
Commissioner Eddie Martinez Cr
Commissioner Mike Forster
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BOARD OF COUNTY COMMISSIONERS OF 'ru
Attest: KEVIN MADOK, Clerk MONROE COUNTY, FLORIDA
by: by:
As Deputy Clerk Mayor Michelle Coldiron -
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Approved as to form and legal sufficiency by
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Robert B. Shillinger, Monroe County Attorney
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R.3.b
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on February 17, 2021,
at 1:30 P.M., or as soon thereafter as the item may be heard, the Board of County --
Commissioners of Monroe County, Florida, intends to consider the adoption of the 0
following County ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA REPEALING ORDINANCE NO. 029-2013
IN ITS ENTIRETY; REPEALING SECTION 2-28 OF THE MONROE
COUNTY CODE; AND REPEALING ALL REQUIREMENTS FOR
COUNTY PUBLIC OFFICERS TO POST PUBLIC OFFICIAL BONDS;
PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN
EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to
appeal any decision made by the Board with respect to any matter considered at such
hearing or meetings, he will need a record of the proceedings, and that, for such purpose,
he may need to ensure that a verbatim record is made of the proceedings, which record
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includes the testimony and evidence upon which the appeal is to be based.
The public can participate in the February 17, 2021, meeting of the Board of County
Commissioners of Monroe County, FL via Communication Media Technology ("CMT' c
using a Zoom Webinar platform by following the detailed instructions below. The public is
strongly encouraged to watch the meeting on Monroe County's MCTV on Comcast Channel 76,
AT&T U-verse Channel 99 or on the County's web portal @
p://mcnrceccunt�fl.im2.ccm/Citizens/Uefeult.es Simply select the "Watch Live"banner to .2
view the live meeting with live closed-captioning on an integrated page that includes the Agenda
and Agenda Backup.
If a citizen has a Roku device, they can search for and add "MCTV" to their channel lineup.
Monroe County's "MCTV" is also provided via the Monroe County mobile apps for iOS and
Android and through our streaming web portal at: hits://mcnrce®
fl.vcd.cestus.ty/vcd/?five=chl&nev®live.
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Citizens can listen to audio-only from their phones by dialing (646) 518-9805 or (669) 900-6833 0)
and, when prompted, enter the Webinar ID 995 7249 8241 followed by the # key.
The public can comment during the live Public Hearing either by phoning in or by
connecting to the live Zoom webinar link using the following instructions:
a) To comment on an item by phone: Dial (646) 518-9805 or(669) 900-6833 and,
when prompted, enter the Webinar ID 995 7249 8241 followed by the # key, then *9 to "Raise
your Hand"to be recognized by the Zoom webinar host.
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b) To comment on an item using the live Zoom webinar link: Open this live Zoom
webinar link at: ttps://mcbccc.zoom.us/€/99572498241 (that also appears in both the published
Agenda and Agenda Packet). When prompted, enter your email address and name to join the
webinar. When the Mayor calls for speakers on the item(s) on which you wish to comment, or
when the Board is nearing your item(s) as the meeting progresses, select the "Raised Hand"
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feature that appears at the bottom of the Zoom webinar screen to be recognized by the Zoom
webinar host. c
The Zoom Webinar monitor will request the agenda item # on which you wish to comment and
will enable your participation when the Mayor calls for public speakers on your item. To report
problems with the broadcast, please call: (305) 872-8831.
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A person may submit written or other physical evidence on a particular agenda item for
consideration at the BOCC meeting to: Lindsey Ballard, via email to: ballard-
lindsey cmcnrceccunty®fl. cv, or by mail to: County Administrator's Office, 1100 Simonton
Street, Suite 205, Key West, FL 33040. The documents must be received by 3:00 PM on
Friday, February 12,2021, and must include the submitter's name,address, phone number,
email address, and the agenda item number to which the documents refer.
ADA ASSISTANCE. If you are a person with a disability who needs special
accommodations in order to participate in this proceeding, please contact the County 'a
Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. — 5:00
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p.m., no later than five(5) calendar days prior to the scheduled meeting; if you are hearing
or voice-impaired, call "711". Live Closed Captioning is available per our web portal @
htt .11 onroecount Lig .co for meetings of the Monroe County Board of County
Commissioners. c
DATED at Key West, Florida, this 1 st day of February, 2021. .2
(SEAL) KEVIN MADOK, Clerk of the Court and ex officio 2
Clerk of the Board of County Commissioners of
Monroe County, Florida
Publication Dates:
KW Citizen: Sat., 02/06/2021
Keys Weekly: Thur., 02/11/2021
News Barometer: Fri., 02/12/2021
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