Item R4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 6/19/13 - KW Division: County Attorney
Bulk Item: Yes _ No X Staff Contact Person/Phone #: Bob Shillinger 292-3470
AGENDA ITEM WORDING: Semi-annual examination of public official bonds for County
Commissioners and Constitutional Officers pursuant to F.S. 137.05.
ITEM BACKGROUND: Florida law requires that each of the 67 county commissions examine the
sufficiency of the bonds for county officers in their respective every January and June. F.S. 137.05.
That statute affords the Commission the discretion to determine if the current bonds are sufficient, and
to require a new bond if the Board has reason to believe that any of the current bonds have become
impaired. There is no evidence to suggest that any of the current bonds are impaired or are likely to
become impaired.
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 055-2000, which required bonds in the following amounts:
a) Clerk - $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 Board 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.
In January 2013, the Board gave direction to the County Attorney to draft an ordinance setting forth
the minimum insurance requirements that a Public Officer will need to purchase in order to be relieved
of the obligation to post a bond. Even with the proposed ordinance change, the Board will still need to
hold its semi-annual examination of the insurance coverage in lieu of the bonds.
PREVIOUS RELEVANT BOCC ACTION:
1/16/2013 BOCC directed County Attorney to draft an ordinance allowing for insurance coverage in
lieu of the required public official bond amount;
3/18/2009 BOCC voted to waive the bond requirements for the Sheriff,
2/13/2000 BOCC adopted Ordinance No. 55-2000.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Find that no impairment of the current bonds exists.
TOTAL COST: INDIRECT COST: BUDGETED: _Yes No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management _
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 1/09
AGENDA ITEM #
ADDITIONAL BACK-UP:
BOCC Minutes 1/16/13 Item Q2
B OCC 1 / 16/ 13 Item Q2 Agenda Backup
go C-(— / *YIZ3
Item Q2 Bob Shillinger, County Attorney addressed the Board regarding the County's
current practice requiring County Commissioners and Constitutional Officers to purchase
Elected Official Bonds and direction to staff. Motion was made by Commissioner Kolhage and
seconded by Commissioner Murphy granting approval of staff recommendations to amend
Ordinance No. 055-2000. Motion carried unanimously.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 1/16/13 - KW Division: County Attorney
Bulk Item: Yes — No xx Staff Contact Person/Phone #: Bob Shillinger 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. 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
-- A%-n%-vlvuvLr '4"A11V143: Matt 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 �— F .S. 2012
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 officers. —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 616; GS 822; RGS 1568; CGL 2416; ss. 10,
12. 35. ch. 69-106; s. 837. ch. 95-147; s. 28, ch. 95.312; s. 20, ch. 98.34.
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.
History.—s. 5, ch. 3724, 1887; AS 617; GS 823; RGS 1569; s. 1, ch. 10033,
1925; CGL 2417; ss. 12, 35, ch. 69-106; s. 1, ch. 76-140; s. 29, ch, 95-312; s. 21, ch.
98-34.
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, 1887; s. 1, ch. 3844, 1889; AS 618, 619; GS 824; RGS
1570; CGL 2418; s. 1, ch. 28294, 1953; S. 3, ch. 73.47; s. 1, ch. 77-102; s. 22, ch.
98.34.
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.
History.—s. 1, ch. 6477, 1913; RGS 1571; CGL 2419, ss. 12 35, ch 69.106; s
836, ch. 95-147, s. 30, ch. 95-312; s. 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.
History.—s. 2, ch, 4413, 1B95; GS 825; 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.
History.—s. 9, ch, 3724, 1887; AS 620; GS 828; RGS 1575; CGL 2423; s 841
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.
History.—s. 10, ch. 3724, 1887 AS 621; GS 829; RGS 1576; CGL 2424; ss. 12
35, ch. 69-106; s. 842, ch. 95.147; s. 148, ch. 2003-261.
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.--s. 1, ch. 5372, 1905; GS a30; RGS 1577 CGL 2425.
1474
Ch.28 -- -
CLERKS OF THE CIRCUIT COURTS
CHAPTER 28
F.S. 2012
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.
28.06
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 func-
tions.
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.
Histary.-s 1, ch. 94-348, s 1, ch. 99.259.
28.01 Bond of circuit court clerks; small coun-
ties. -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 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.-ss.1, 3, ch. 3724, 1887, AS 1381; GS 1821; RGS 3066, CGL 4847. s
1, ch. 17754, 1937: s• 1, ch. 20719, 1941; ss. 10, 12, 35, ch. 69-106 s 152, ch
95-147; s. 12, ch. 95-312; 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.
Histary.-ss. 1, 3, ch. 3724, 1887; AS 1381; GS 1821; RGS 3066. CGL 4847, s
1, ch. 17754, 1937; s. 1, ch. 20719, 1941. ss. 10, 12, 35. ch 69.106; s 153, ch
95.147; s. 13, ch. 95-312, s. 8, ch. 9834.
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.
History.-s 9, ch 3724, 1887, AS 934, GS 1822, RGS 3.067 CGL 4848. s 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
p,g, 2012 CLERKS OF THE CIRCUIT COURTS Ch. 28
commissioned, and that he or she has sufficient visible
property therein unencumbered and not exempt from
sale under legal process to make good his or her bond.
History.-s. 10, ch. 3724, 1887; RS 935; GS 1823; FIGS 3068; CGL 4849; s. 3,
ch. 17754, 1937; s. 1, ch. 20719, 1941; s. 155, ch. 95-147.
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; FIGS 3069; CGL 4850; s 4, ch. 17754, 1937; s. 1, ch.
20719, 1941
28.06 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.-s. 1, Feb. 12, 1834; s. 1, ch. 254, 1849; RS 1384; GS 1825; FIGS
3070; CGL 4851; s. 1, ch. 21956, 1943; s. 156, 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 1385; GS 1826; FIGS 3071; CGL 4852; s. 1,
ch. 57-281; s. 1, ch. 87-190; as. 2, 10, ch. 94-348; s. 2, ch. 99-259.
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.
History.-s. 1, ch. 70-134; 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
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 required by the board
of county commissioners.
History.-s 1, ch. 722,1855; RS 1393; GS 1838; FIGS 3083; CGL 4866; s. 157,
ch. 95-147 s 9, ch 98-34.
'4-
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.
History.-s. 2, ch. 67-520; s. 2, ch. 70-134; s. 1, ch. 70-439; s. 1, ch. 73.300; s.
9, ch. 83-217; s.103, ch. 86-220; s. 1, ch. 87-145; s. 25, ch. 87.387; s. 7, ch. 88-98;
s. 2, ch. 88-181; s. 12, ch. 94-134; s. 12, ch. 94-135; s. 54, ch. 96-418; s. 82, ch.
97-237; s. 14, ch. 98-403; s. 13, ch. 99.2; s. 5, ch. 99-243; s. 4, ch. 2001-122; s. 25,
ch. 20M-402; s. 3, ch. 2004-251; s. 14, ch. 2004-265.
503
28.12 Clerk of the board of county commis-
sioners. -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.
Hlstory.-RS 1392; GS 1836; FIGS 3081; CGL 4864; s. 3, ch. 70.134; s. 158,
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.-s. 59, Nov. 18,1828; RS 1389; GS 1830; FIGS 3075; CGL 4856; s. 1,
ch. 89-297: s. 159, ch. 95-147.
Ch. 30
SHERIFFS
CHAPTER 30
=.S. 2012
SHERIFFS
30.01
Bond of sheriffs; small counties.
30.02
Bond of sheriffs; large counties.
30.03
Obligation of sureties.
30.04
Justification of sureties.
30.05
Surety companies.
30.06
Liability of sureties.
30.07
Deputy sheriffs.
30.071
Applicability and scope of act.
30.072
Definitions.
30.073
Appointment; probation; regular appoint-
ment.
30.074
Regular appointee status.
30.075
Review boards.
30.076
Appeal.
30.077
Conduct of hearing.
30.078
Continuation of appointment after a change
in sheriff.
30.079
Effects of act; no property interest or ex-
pectancy in office; sheriff's authority.
30.09
Qualification of deputies; special deputies.
30.10
Place of office.
30.12
Power to appoint sheriff.
30.14
Succession of office.
30.15
Powers, duties, and obligations.
30.20
False return.
30.21
Failure to pay over money,
30.22
When sheriff may accept service.
30.231
Sheriffs' fees for service of summons, sub-
poenas, and executions.
30.24
Transportation and return of prisoners.
30.27
Constructive mileage not to be charged.
30.29
Sheriffs may furnish vital war industries
guard service against sabotage.
30.2905
Program to contract for employment of off -
duty deputies for security services.
30.291
Closing of public facilities upon threat of
violence.
30.30
Writs, process; duties and liabilities in levy-
ing.
30.46
Sheriffs; motor vehicles color combination;
badges; simulation prohibited; penalties.
30.48
Salaries.
30.49
Budgets.
30.50
Payment of salaries and expenses.
30.501
Bailiffs' meals and lodging.
30.51
Fees and commissions.
30.52
Handling of public funds.
30.53
Independence of constitutional officials.
30.555
Liability insurance.
30.56
Release of traffic violator on recognizance or
bond; penalty for failure to appear.
30.60
Establishment of neighborhood crime watch
programs.
30.01 Bond of sheriffs; small counties. —In 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 `aithful
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.
Hlstory.—ss 1, 4, ch. 3724, 1887 RS 1237 GS 1666, RGS 2871 � GL 4568. s
1, ch. 17754, 1937; s. 1, ch 20719, 1941, ss 10, 12. 35, ch. 69-106. ,• 171, ch
95-147. 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.
Hlstory.—ss 1, 4, ch. 3724, 1887RS 1237. GS 1666 RGS 2871 CGL 4568; s
1, ch, 17754, 1937; ss. 10, 12, 35, ch. 69.106; s 172, ch 95-147 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 be less than the penalty
of the bond.
Hlstory.—s. 9, ch. 3724, 1887, RS 1238, GS 1667, RGS 2872, CGL 4569, s 2,
ch 17754, 1937; s. 1, ch. 20719, 1941•, s. 173, ch. 95-147
30.04 Justification of sureties. —Each surety
upon such bond shall make an affidavit that he or she
is a resident of the county for which the officer is to be
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.—s. 10, ch. 3724, 1887; RS 1239, GS 1668; RGS 2873 CGL 4570, s 3
ch 17754, 1937; s. 1, ch. 20719. 1941; s. 174, ch. 95-147
30.05 Surety companies. —The provisions of ss.
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.
Hlstory.—s. 4, ch. 3724, 1887; RS 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 1240; GS 1669, RGS 2874 CGL 4571 s 1
ch 20719 1941; s. 12. ch. 98-34.
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
F,S. 2012
COMMISSIONS
CHAPTER 113
Ch. 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.
Hlstory.—s. 1, ch. 14669, 1931; s. 1, ch. 15925, 1933; s. 1, ch. 17133, 1935;
CGL 1936 Supp. 460(1), (4), 479(1); s. 1, ch.28296. 1953; s. 2, ch. 65-256; s. 1, ch,
67-460; S. 1, ch. 81-260; s. 5, ch. 84-114; s. 3, ch. 93-268; s. 17, ch, 95-280; s. 1, ch.
96-407.
113.02 Fee to be paid before commissions
Issued. —No commission shall be issued by the Gov-
ernor or attested by the Secretary of State or shall bear
the seal of the state until the fee fixed and required by s.
113.01, if any, shall first be paid as therein provided.
History.—s. 2, ch. 14669. 1931; CGL 1936 Supp. 460(2); s. 2, ch. 81-260.
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. 14669, 1931; CGL 1936 Supp. 460(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 ch. 17755, 1937; CGL 1940 Supp. 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. —Former s. 14, Art. IV of the Constitution of 1885, as amended;
converted to statutory law by s. 10, Art. XII of the Constitution as revised 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, 1845; RS 213; GS 297; RGS 395; CGL 460; s. 727, ch.
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.—ss. 1, 2, 3, 4, ch. 20523, 1941, s. 2, ch. 76-263; s. 18, ch. 98.34
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. —Former s 13, Art XVI of the Constitution of 1885, as amended;
converted to statutory law by s. 10, Art. XII of the Constitution as revised in 1968.
1225
Board of County Commissioners
• • • _ . kJ;1 LUOIAU18z1IZ��
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 o = o
;It n
�c ).-= � r-rrn
S P:E
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS 4F$ON OEM
COUNTY, FLORIDA: CO o
Section 1. An emergency is hereby declared and notice waivd6. bg a urn
fifths vote. �' o
!+ rn M
co v
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 $ 5,000
b) Sheriff $15,000
c) Tax Collector $ 5,000
d) Property Appraiser $10,000
e) County Commissioners $ 2,000
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 2. 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.
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 125.66(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
Comm issionerM u rray Nelson
yes
immiss ionerDixie Spehar
yes
k missioner Nora Williams
yes
jdordboccbond$
BOARD OF COUNTY COMMISSIONERS
L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
J
erk Mayor/Chak-pers;�j
A PPROGA AS TO FORM
Y.
ROBER
DATE
CHAPTER 98-34
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 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
1
CODING: Words striken are deletions; words underlined are additions.
Ch. 98-34 LAWS OF FLORIDA Ch. 98-34
J3Y* The cost of the premium on such bond must &ball 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 In the
event any excess premium over the base premium rate is should be charged
in the procurement of the bonds herein pipeviaoa for, such excess premium
must 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 such leave
of absence as above mentioned, the suet 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 &ucib 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 good and sufficientbond 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 rnunty rnmmiccinnPrc maw hw nrrlinanrn rnniiirn
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 op
shall be required must by law, shall, before he a-F stile is
nommissia ,orb give
on t'cro sure es or surzety c-empany as
h ft
bond, ,
,
,
wbirb -shall be d ti r✓
approved the ho-ai-A of rVe-u t-y nnmmico'orn 'a be filed
rr ,
with the clerk of the rimdt rrnirt ' d n,nmunra hw the Tlor"+rtmnnt of C+.mot-
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 , s'•-Y' to he Axed by the board of county commissioners
of the respective county, subj@Gt-to the-appreval of the Department of tate
astoamouR -a In surety, This be -Rd- shalle 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 into 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 require-, the amount „f,=,h;, h Shall he fix by the board
of county commissioners at not ions than $?,nnn or more. than $ n nnn. In
fixing the amount of the said bond, the board of county commissioners may
11
CODING: Words str4ken are deletions; words underlined are additions.
Ch. 98-34 LAWS OF FLORIDA Ch. 98-34
consider oT all to le into ,.,,RSiAor„tinn 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 county
commissioner of +ho sayap.., ,.,.unti.... of the st + , whether elected or ap-
pointed to such office hofnro he .,r she Is. must rh;;tl ha ro
ed e give a ge bond 4.44th Ret 1,9c_ +h „
in the Ri im
-d - conditioned for the faithful performance of the duties state,
his or her
office as required WhiGh h nd 8-hall be apprave4 by the board of county
commissioners and the Departme-nt of St_te. The premium of the bonds
given must with sR= eta' Gempanies as rsuret;�-�.er, shall 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 thevar=oQo soa =Qes Of t hle _pie shall at its
thei, regular meetings meetii}g in January and June of each year examine
carefully as to the sufficiency of bonds of the county officers of+ho;r r-QSPon
tive GOUR I and if it has by reason of death, assignment, or •nFo
p}y_�
anfthA o,.ratles on thn hondds of id off;..orc they hreason to believe
that the sufficiency of ga�n said bond has become impaired, it must they sha1-1
at once report the same to the Governor-, who shall Galluponrequire the
sue# officer ^r ^Vr�tr-s 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 &ha11 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 sh,» or+nr ;r.+„ ,.,,,.a and
su€0dent bond on each officer, payable to the Governor and his or her
successors in office, in
authn-Fize a +- A- h..cn; ar;rh�.. surety
iL- r___
, conditioned on the
faithful performance of the duties of such university police officer. The uni-
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 str4ken are 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.
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
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- 11/15/12-11/15/14-$182.34-Bond Amount $2,000
Danny Kolhage-11120112-11120116-$344.42
Da vid Rice-11/16/10-11116114-$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 I can be of further assistance. I will be out of the office Thursday and Friday.
Have a very Happy New Year.
V= a Z. Sfautk, 617M
REIa AdIM411Z+ UI&I
The Historic Gate cigar Frctory
1100 ^nnontoa Stroet. puito 2 26P
K.y Ww4 to as 33040
Office 305 295-3178
Fax 305-295-3179
siavik-maria@monroecounty-ft.gov
Page 1 of l
Tamara Snider
From: Belle Desantis [iesanbs@monroe-clerk.com]
Sent: Thursday, March 26, 2009 1:20 PM
To: Penny Kipp; Jerry Eskew; Sheryl Graham; Alison Trivette; Emie Coughlin; Sylvia Murphy; Beth
Leto; CB&H Auditors; Connie Cyr, Danise Hendquez; 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; Villiage of Islands; Mario DiGennaro; Lee Rohe; Sherry Joan; Heather
Carruthers; Kim Wigington
Subject: Emailing: March18.2009, 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
Qyp,�atQ
4/23/2009
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
47
�d09 lsh*
2
4*9.4 y�tir
1
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 �'�` .Q
Commissioner Murphy to approve Staff recommendation of denial. Motion carried -flq� 5 0,
unanimously.�-
.y
STAFF REPORTS '�. ��•
91 �Fti
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.
l 1" COMMISSIONERS' ITEMS
v The Board discussed Commissioner Carruthers' 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 carved 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
AGENDA ITEM SUMMARY
Meeting Date: 2/3IM09 - KL Division: Monroe County Shelf s Office
Bulls Item: Yes X No _ Department: BB a of Administration
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 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 # 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 Sheriff's 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: $15,000.00_
COST TO COUNTY: 0
BUDGETED: Yes X No —
SOURCE OF FUNDS: Sheriff's Budget
REVENUE PRODUCING: Yes —No XAMOUNT PER MONTH Year
APPROVED BY: County Atty _ _ _ /PurchasRisk Management
J
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 11106