Item S2
BOARD OF COUNlY COMMISSION
AGENDA ITEM SUMMARY
Meeting Date: 4/20/05 - KW
Division Coun~ Attom~'s Office
Bulk Item: Yes
No --X-
** PUBLIC HEARING 3:00 P.M. **
Staff Contact Person: Bob Shillinger
AGENDA ITEM WORDING:
Adoption of a Resolution of the Board of County Commissioners of Monroe County, Florida setting the
rate for attorney's fees sought by the County Attorney's Office under Section 2-365 of the Monroe
County Code.
ITEM BACKGROUND: Section 2~365 of the County Code requires that the Board adopt by
resolution the rate for attorney's fees sought by the County Attorney's office on behalf of the County.
In most cases, attorney's fees are recoverable only if provided for by statute or in contract. A party may
be awarded attorney's fees, absent a statutory or contractual right, in the rare instance where a court
finds that a matter was frivolous or brought in bad faith.
When attorney's fees are appropriate, Florida law allows for the recovery of attorney's fees for
government staff lawyers at a reasonable rate as measured against the local community, not just the cost
of salary and benefits for that particular attorney. Staff proposes setting the rate at $200.00 per hour.
That rate falls towards the lower end of the range of hour rates charged by attorneys within the County.
PREVIOUS RELEVANT HOCC ACTION:
BOCe approval on 3/16/05 to advertise for one public hearing to be held April 20, 2005 in Key West.
In December 2004, the Board adopted Section 2-365 as part of the County Attorney's office ordinance.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
N/A
BUDGETED: Yes _ No
COST TO COUNlY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONm_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DIVISION DIRECTOR APPROVAL:
~'r,J,r'
JOHN R. COLLIN , COUNTY ATTORNEY
DOCUMENTATION:
Included X
Not Required_
~~-~-----~~-_._~--........~
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF PROPOSED RESOLUTION
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, April 20, 2005, at
3:00 PM at the Harvey GGvemment Center, 1200 Truman Avenue, Key West, Monroe County,
Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of
the following proposed County Resolution:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA SETTING THE RATE FOR ATTORNEY'S FEES SOUGHT BY THE COUNTY
ATTORNEY'S OFFICE UNDER SECTION 2-365 OF THE MONROE COUNTY CODE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision
made by the Board with respect to any matter considered at such hearings or meetings, he will need a record
of the proceedings. and that, for such purpose. he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
Copies of the above~referenced ordinance are available for review at the various public libraries in Monroe
County. Florida.
Dated at Key West. Florida, this 16th day of March, 2005.
DANNY L. KOLHAGE. Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
(SEAL)
Publication dates:
Reporter (Fr) 4/1 - 4/8
Keynoter (Sa) 4/2 - 4/9
KW Citizen (Su) 4/3 - 4/10
RESOLUTION NO.
-2005
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA SETTING THE RATE FOR ATTORNEY'S
FEES SOUGHT BY THE COUNTY ATTORNEY'S OFFICE UNDER
SECTION 2-365 OF THE MONROE COUNTY CODE.
WHEREAS, the Office of the County Attorney is authorized by Section 2-
365 of the Monroe County Code to seek attorneys fees in certain matters; and
WHEREAS, Section 2-365 of the Monroe County Code requires the Board
to set by resolution the basic hourly rates for services rendered by the County
Attorney's office; and
WHEREAS, controlling case law in Florida authorizes government entities
such as the County to seek reimbursement for the services of staff attorneys at
the reasonable prevailing rate in the community even if that amount exceeds the
cost of the particular staff attorney's compensation package (salary plus
benefits); see, Computer Task Group, Inc. v. Palm Beach County, 782 SO.2d 942
Fla. 4th DCA 2001); Leibowitz v. City of Miami Beach, 683 So.2d 204 (Fla. 3d
DCA 1996); and City of Boca Raton v. Faith Baptist Church, 423 SO.2d 1021
(Fla. 4th DCA 1982); and
WHEREAS, attorneys in the County Attorney's office routinely litigate
cases on behalf of the County which often result in the County being entitled to
attorney's fees; and
WHEREAS, the Board finds that it has been presented with substantial,
competent evidence that the rate of two hundred dollars ($200.00) per hour falls
within the range of reasonable attorney's fees charged by attorneys practicing in
Monroe County possessing similar skill, experience, reputation, and competence
of those attorneys serving as County Attorney and Assistant County Attorney;
NOW THEREFORE; BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
1. The hourly rate for attorney's fees sought by the Office of the
County Attorney, in circumstances set forth in Section 2-365 of the
Monroe County Code, shall be two hundred dollars ($200.00) per
hour.
2. This rate may be adjusted by a subsequent vote of the Board after
a publiC hearing.
PAsseD AND ADOPTED by the Board of County Commissioners
of Monroe County, Florida at a regular meeting held on the _ day
of , A.D., 2005.
Mayor Dixie Spehar
MayorCharles~Sonn~McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Dixie Spehar
ATTEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
MONROE COUNTY ATTORNEY
~~:~ORM:
JOHN R. COLLINS
11fi}J~T~RNEY __,._
01\8_. ~ -...-
State of Florida
County of Monroe
AFFIDAVIT OF FRANKLIN GREENMAN. ESQ.
Before me personally appeared FRANKLIN GREENMAN, who upon being duly
sworn, affirmed under the penalties of perjury that the following facts are true:
1. I am an attorney currently licensed to practice law in the State of Florida and
have been practicing since 19 iro
2. I have a private civil practice in Marathon predominantly serving the Middle
Keys in Monroe County, Florida.
3. I am not employed by nor do I represent Monroe County in any capacity.
4. I am familiar with the levels of experience, skill, and competence as well as
the reputation of attorney's practicing in the Monroe County Attorney's
office.
5. I am familiar with the prevailing rates charged by local attorneys with similar
experience, skill, competence, and reputation.
6. Based on my experience practicing law in Monroe County, I am of the
opinion that the hourly rate of two hundred dollars per hour ($200.00) falls
towards the lower end of the range of the prevailing rates charged by
attorneys with similar experience, skill, competence, and reputation who
are practicing in Monroe County, Florida.
7. Based on my experience practicing law in Monroe County, I am of the
opinion that the hourly rate of two hundred dollars per hour ($200.00)
would be a reasonable rate to charge for legal services rendered by the
Monroe County Attorney's office.
Dated this a!i th day of March 2005.
rank n D. Greenman, .5sq.
Fla. Bar No.: ,;)7' 0251 :>
~
The foregoing instrument was sworn to and acknowledged before me thisJ1 day
of March 2005. who is personally known to me or produced 10.
~;da. ~
No ary Public
State of Florida
~~~~'i\tl~ ZQRAJDA BAN
{..rJi..~:>: MY COMMISSION II DD 292166
~~j EXPIRES: April 27, 2008
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State of Florida
County of Monroe
AFFIDA vir OF LEIGHTON G. MORSE. ESQ.
Before me personally appeared LEIGHTON G. MORSE, Esq., who upon
being duly sworn, affirmed under the penalties of pe~ury that the following facts
are true:
1. I am an attorney currently licensed to practice law in the State of
Florida and have been practicing since 1986.
2. I have a private civil practice predominantly serving the Key West
and Lower Keys communities in Monroe County, Florida.
3. I am not employed by nor do I represent Monroe County in any
capacity,
4. I am familiar with the levels of experience, skill, and competence as
well as the reputation of attorneys practicing in the Monroe County
Attorney's office.
5. I am familiar with the prevailing rates charged by local attorneys
with similar experience, skill, competence, and reputation.
6. In my opinion, the hourly rate of two hundred dollars per hour
($200.00) falls towards the lower end of the range of the prevailing
rates charged by attorneys with similar experience, skill,
competence, and reputation who are practicing in Monroe County.
7. In my opinion, the hourly rate of two hundred dollars per hour
($200.00) would be a reasonable rate to charge for legal services
rendered by the Monroe County Attorney's office.
5--t
Affiant Further Sayeth Naught. Dated this 1 h da of March 2005.
The foregoing instrument was sworn to and acknowledged before me this
_ day of March 2005, who is personally known to me or produced 10.
"~~~Y"'" Matilda L. Taylor
{:~;;.o=/{f:1 Co~ssion #D0323978
~~'. 'f)~~_~ ExpIres: May 26, 2008
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State of Florida
County of Monroe
AFFIDAVIT OF NICHOLAS MULlCK. ESQ.
Before me personally appeared NICHOLAS MULlCK, who upon being duly
sworn, affirmed under the penalties of perjury that the following facts are true:
1. I am an attorney currently licensed to practice law in the State of Florida
and have been practicing since 1985.
2. I have a private civil practice predominantly serving the Upper Keys in
Monroe County, Florida.
3. I am not employed by nor do I represent Monroe County in any capacity.
4. I am familiar with the levels of experience, skill, and competence as well
as the reputation of attorney's practicing in the Monroe County Attorney's
office.
5. I am familiar with the prevailing rates charged by local attorneys with
similar experience, skill, competence, and reputation.
6. Based on my experience practicing law in Monroe County, I am of the
opinion that the hourly rate of two hundred dollars per hour ($200.00) falls
towards the lower end of the range of the prevailing rates charged by
attorneys with similar experience, skill, competence, and reputation who
are practicing in Monroe County, Florida.
7. Based on my experience practicing law in Monroe County, I am of the
opinion that the hourly rate of two hundred dollars per hour ($200.00)
would be a reasonable rate to charge for legal services rendered by the
Monroe County Attorney's office.
Dated this 2. \ th day of March 2005.
cho s Mulick, Esq.
Fla. Bar No.:
.sr
The foregoing instrument was sworn to and acknowledged before me this ~ day
of March 2005, who is personally known to me or produced ID.
i~~'~~ LISA CAAEY
;..rxl'\,;., MY COMMISSION # DO 110800
~'1\~~{{! EXPIRES: July 12, 2006
'~Fif..fr..'<(...' Bonded Thru Notary Public Undonwile!s
State of Florida
County of Monroe
AFFIDAVIT OF DAVID MANZ, ESQ.
Before me personally appeared DAVID MANZ, who upon being duly sworn,
affirmed under the penalties of perjury that the following facts are true:
1. I am an attorney currently licensed to practice law in the State of Florida and
have been practicing since 191" .,. I am Board Certified by the
Florida Bar in Marital and Family Law. '\~
2. I have a private civil practice in Marathon predominantly serving the Middle
Keys in Monroe County, Florida.
3. I am not employed by nor do I represent Monroe County in any capacity.
4. I am familiar with the levels of experience, skill, and competence as well as
the reputation of attorney's practicing in the Monroe County Attorney's
office.
5. I am familiar with the prevailing rates charged by local attorneys with similar
experience, skil!, competence, and reputation.
6. Based on my experience practicing law in Monroe County, I am of the
opinion that the hourly rate of two hundred dollars per hour ($200.00) falls
towards the lower end of the range of the prevailing rates charged by
attorneys with similar experience, skill, competence, and reputation who
are practicing in Monroe County, Florida.
7. Based on my experience practicing law in Monroe County, I am of the
opinion that the hourly rate of two hundred dollars per hour ($200.00)
would be a reasonable rate to charge for legal services rendered by the
Monroe County Attorney's office.
Dated this 2,s... th day of March 2005.
Gl> ftlflf I"'" ~/"-,",q
(qi8 J- ~/.rlJ.A
The foregoing instrument was sworn to and acknowledged before me this _ day
of March 2005, who is personally known to me or produced 10.
AFFIDAVIT OF DAVID PAUL HORAN, ESQ.
State of Florida
County of Monroe
Before me personally appeared DAVID PAUL HORAN, who upon being duly
sworn, affirmed under the penalties of perjury that the following facts are true:
1. I am an attorney currently licensed to practice law in the State of Florida
and have been practicing since 1972.
2. For the last thirty (30) years, I have been Senior Partner in my own law
firm which predominantly serves Key West and Lower Keys portions of
Monroe County, Florida,
3, I am not employed by nor do I represent Monroe County in any capacity,
4, I am familiar with the levels of experience, skill, and competence as well
as the reputation of the Monroe County Attorney and Assistant Monroe
County Attorneys.
5. I am familiar with the prevailing rates charged by local attorneys with
similar experience, skill, competence, and reputation,
6, In representing prevailing parties in my federal and state litigation, I
frequently apply for awards of attorney's fees against local, state and
federal agencies,
7. Based on my extensive experience practicing law in Monroe County, I am
of the opinion that an hourly rate for the Monroe County Attorney and his
Assistants of Two Hundred Fifty Dollars per hour ($250,00) is at the
lowest end of the range of the prevailing rates charged by attorneys with
similar experience, skill, competence, and reputation who are in private
practice in Monroe County, Florida.
8. Based on my experience practicing law in Monroe County, I am of the
opinion that the hourly rate of Two Hundred Fifty Dollars per hour
($250.00) would be the minimum reasonable rate to charge for legal
services rendered by the Monroe County Attorney's office,
Dated thi~~Y of March 2005. ~~~~
David Paul Horan, Esq,
Fla. Bar No,: 142474
SWORN TO AND SUBSCRIBED before me this J3rJday of March 200?,
,""11'"" CHARLENE E. LIZ
DP~~ Commls~lon # ODOOlU31
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Rr!.i\\"'~ Florida Notary Ann., InO.
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OK,!~~~~E
(305) 294-'1641
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BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, Disbict 1
Mayor Pro Tem -Sonny" McCoy, Disbict3
Murray Nelson, District 5
George Neugent, Disbict 2
David P. Rice, Disbict 4
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MEMORANDUM
TO:
Danny L. Kolhage, Clerk of the Court ~.
t
Kathy Peters, County Attorney's Office
FROM:
RE:
AGENDA ITEM S-2: BOCC 4/20/05
Re: County Attorney's Fees - Additional Affidavit from John A. Jabro
DATE:
April 25, 2005
The attached Affidavit was received today by this office from attorney John A. Jahro relative to the above-
referenced agenda item. Assistant County Attorney Bob Shillinger has requested Mr. Jabro's original
Affidavit be included for recording along with the five (5) original affidavits submitted to the Clerk at the
BOCC meeting on 4/20/05. Thank you.
KMP
Enclosure (Original Affidavit - Jahro)
cc: Assistant County Attorney Bob Shillinger
RECEIVED
APR 2 5 2005
State of Florida
County of Monroe
MONROE COUNTY ATTORNEY
AFFIDAVIT OF JOHN A. JABRO, ESQ.
Before me personally appeared John A. Jabro, who upon being duly sworn,
affirmed under the penalties of perjury that the following facts are true:
1. I am an attorney currently licensed to practice law in the State of Florida
and have been practicing since 1983.
2. I have a private civil practice predominantly serving the Upper Keys in
Monroe County, Florida.
3. I am not employed by nor do I represent Monroe County in any capacity.
4. I am familiar with the levels of experience, skill, and competence as well
as the reputation of attorney's practicing in the Monroe County Attorney's
office.
5. I am familiar with the prevailing rates charged by local attorneys with
similar experience, skill, competence, and reputation.
6. Based on my experience practicing law in Monroe County, I am of the
opinion that the hourly rate of two hundred dollars per hour ($200.00) falls
towards the lower end of the range of the prevailing rates charged by
attorneys with similar experience, skill, competence, and reputation who
are practicing in Monroe County, Florida.
7. Based on my experience practicing law in Monroe County, I am of the
opinion that the hourly rate of two hundred dollars per hour ($200.00)
would be a reasonable rate to charge for Ie rvices rend d by the
Monroe countyof 2'5 office.
Dated t~h day , '2005.
The foregoing instrument was sworn to and acknowledged before me this _ day
of March 2005, who is personally known to me or produced 10.
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~~"':.~v.,:~';. ames E. Brumet
~.:~':.~ Commission #00256394
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