Item Q1 Q.1
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
August 17, 2022
Agenda Item Number: Q.1
Agenda Item Summary #10021
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
n/a
AGENDA ITEM WORDING: County Attorney Report for August 2022.
ITEM BACKGROUND: Monthly report is attached.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Report.
DOCUMENTATION:
August 2022 report
MASTER FINES AND COSTS SPREADSHEET AS OF DULY 2022
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:
Estimated Ongoing Costs Not Included in above dollar amounts:
Packet Pg. 2944
Q.1
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
n/a
REVIEWED BY:
Cynthia Hall Completed 08/01/2022 4:27 PM
Bob Shillinger Completed 08/02/2022 10:33 AM
Lindsey Ballard Completed 08/02/2022 10:35 AM
Board of County Commissioners Pending 08/17/2022 9:00 AM
Packet Pg. 2945
Q.1.a
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor David Rice,District 4
Mayor Pro Tern Craig Cates,District 1
y
�' Michelle Coldiron,District 2
a
The Florida Keys � � � �
James K.Scholl,District 3
Holly Merrill Raschein,District 5
Robert B.Shillinger,County Attorney— Office of the County Attorney
Pedro J.Mercado,Senior Assistant County Attorney** 1111 12'Street,Suite 408
Cynthia L.Hall,Assistant County Attorney** Key West,FL 33040
Christine Lirnbert-Barrows,Assistant County Attorney** Phone(305)292-3470
Derek V.Howard,Assistant County Attorney** Fax (305)292-3516
Peter H.Morris,Assistant County Attorney*
Patricia Fables,Assistant County Attorney
Joseph X.DiNovo,Assistant County Attorney*
James Molenaar,Assistant County Attorney
Kelly M.Dugan,Assistant County Attorney
**Board Certified in City,County&Local Government Law
Q
To: Mayor & Commissioners
From: Bob Shillinger, County Attorney
Date: August 2, 2022
Re: August 2022 County Attorney Report
CL
Closed Sessions during the August Meeting
• Sunset Garden Estate Land Trust 2/10/14, by & through its Successor Trustee,
Simtrust Group, LLC, et al, v. Monroe County, CAP 19-460 (cont. from July).
• Galleon Bay Corp. v. Monroe County and State of Florida, CAK 02-595.
0
U
Cases of Interest at Trial Court Level
0
CL
1. Sunset Garden Estate Land Trust v. Monroe County, CAP 19-460. Property
owner filed a two-count complaint alleging that various state laws including the Q
Right to Farm Act, F.S. 823.14, preempt the County's land development
regulations from applying to its parcel and seeking judicial declarations that its
alleged agricultural activities are immune from the County's land development
regulations. On 2/27/20, the Plaintiffs filed a second amended Complaint. The
County filed an answer on 6/29/21. Mediation is scheduled for 8/9/22.
c�
2. Galleon Bay Corp. v. Monroe County and State of Florida — 02-CA-595-K. This
takings case resulted in a final judgment in the amount of $480,511. A Satisfaction
of Judgment was issued. The parties are engaged in discovery on the only
remaining issue of attorneys' fees. A closed session is scheduled for 8/17/22.
3. Board of County Commissioners of Monroe County v. Villalobos, 16t" Cir.Case
No. 21-CA-257-P. Lien foreclosure case. The parties are in the process of
attempting to settle the case.
4. Tommy Alfonso on behalf of T.A., a Minor, v. Monroe County, Florida, 16th
Judicial Circuit Case No. 22-CA-108-K. Personal injury case. Parent of minor
sues alleging that the minor was injured on an observation deck at the back of
Bernstein Park. Discovery is ongoing.
1
Packet Pg. 2946
Q.1.a
5. Manuel Melo v. Monroe County, 16t" Cir. 22-CA-091-P. On 2/24/22, Plaintiff
filed a complaint against the County relating to a Final Order of the Code
Compliance Special Magistrate that was entered in CE17110041 on 4/19/19.
The order found Plaintiff in violation for clearing his property, which is
endangered species habitat, without a permit. The complaint, inter alia, seeks
to invalidate the Final Order. On 3/17/22, the County filed its motion to dismiss
the complaint. The 6/21/22, hearing on that motion was cancelled because the
parties agreed to an order granting the motion and allowing Plaintiff to amend.
On 7/26/22, the Court entered an order giving the Plaintiff twenty (20) days
to file the amended complaint.
6. Mark Thompson v. Monroe County and Monroe County Planning Department,
16t" Cir. No. 22-CA-113-K. On 2/24/22, Plaintiff, a former pumpout boat
employee, filed a complaint suing Monroe County under the Jones Act for
injuries arising during his employment. The complaint was served on 4/19/22. N
On 6/1/22, Plaintiff filed an amended complaint, adding the City of Key West as
a party. The County filed a Motion for a More Definite Statement on 6/20/22.
The City has until 8/2/22 to file a response to the amended complaint. The
County has requested defense and indemnification from the City pursuant to the
terms of an interlocal agreement.
7. Monroe County v. Kenneth & Anita Buirley, 19-CA-565-K. This is a code lien
enforcement action where the fines exceed $700,000.00. The property is located
on El Monte Lane on Big Coppitt Key. The Court authorized the County to demolish
and clear the property of the unsafe structures. After suit was filed, the Buirleys sold
the property to Jay Archbell, P.A., which demolished the structures and brought the
property into compliance. Mr. Archbell offered to resolve the case for $16,500.00, �?
which is far below the County Attorney's settlement authority established by �
Resolution. On 7/7/22, the Court granted the County's motion to amend its
complaint to add Archbell as a defendant. The County will file a motion for
summary judgment. Q
N
U)
8. Burke Construction Group, Inc. v. Monroe County, CA-M 19-80. On 7/11/19, Burke
Construction Group sued to challenge the County's bid protest procedure and
decisions to award contracts for the Marathon Library and Cudjoe Fire Station
projects to other contractors. The County answered and is engaged in discovery.
c�
9. Burke Construction Group v. Monroe County, U.S.D.C. S.D. of FL, 4:22-cv-10017-
DPG. On 3/24/22, Burke, a disappointed bidder and plaintiff in Circuit Case CAM19-
80 (see #8 above), filed a second, federal suit against the County, alleging federal
claims. Burke complains that it was deprived of a property interest when it failed to
get the award of the contracts to build the Marathon Library and the Cudjoe Fire
Station. The County filed a motion to dismiss on 4/28/2022. On 6/8/22, Burke filed
a Second Amended Complaint. On 7/15/22, Burke filed a motion to stay or abate
the federal court case pending resolution of the state court case. On 7/19/22,
the County filed another motion to dismiss. On 7/20/22, the County filed a
response to the motion to abate.
2
Packet Pg. 2947
Q.1.a
10.Roy's Trailer Park v. Noel & Monroe County, 19-CA-175-K. Declaratory Judgment
suit filed by Roy's against County as part of its eviction suit against its tenant. On
10/4/18, the County countersued the trailer park and the park residents, seeking an
injunction prohibiting occupancy at the park until serious fire and life safety issues
have been addressed, and for appointment of a receiver, and a declaratory relief
cause of action to determine whether the owner or tenants are responsible for the
code violations. The park owner has submitted an application to the Planning
Department to redevelop the park for affordable housing.
11.Monroe County v. Sugarloaf VFD, Inc. & Sugarloaf Wi-Fi, Inc., 17-CA-631-K. The
County sued both SVFD and Wi-Fi to invalidate a lease between SVFD and Wi-Fi
on the grounds that SVFD had not approved the lease in an open meeting. The trial
court ruled in favor of the County and voided the lease. Wi-Fi appealed and lost.
On 1/31/21, the County filed a motion for attorneys' fees to recover attorneys' fees
and costs from SVFD as the prevailing party. Mediation between Wi-Fi, the SVFD, CN
and the County is ongoing. On 11/22/2021, the Court entered a judgment for
attorneys' fees and costs in favor of the County in the amount of $217,159.86. The
parties are still in mediation. At Wi-Fi's request, Fortress Secured LLC submitted a
public private partnership (P3) proposal that would serve as the basis for settlement.
At the 4/20/22 meeting, the Board approved beginning the P3 process. No
competing proposals were submitted by the 6/28/22 deadline to build a new fire
station. On 7/20/22, the BOCC authorized Assistant County Administrator
Kevin Wilson to negotiate agreements with Fortress Secured, LLC to design,
build and finance a replacement fire station on Sugarloaf Key at the current '
location of the Sugarloaf Volunteer Fire Department Station #10.
0
12.AshBritt, Inc. v. Monroe County & FDOT Third DCA Case 3D20-553 (lower tribunal: U
16t" Jud. Cir. 17-CA-802-K). AshBritt sued the County for breach of contract and t
for breach of implied covenant of good faith and fair dealing. The County answered
and moved for summary judgment (MSJ). On 2/24/20, Judge Koenig denied the
County's MSJ and the County appealed. On 3/9/22, the Third DCA affirmed the a
denial of the County's MSJ, on the grounds that there were triable issues of fact in U)
the case and therefore summary judgment could not be issued. On 7/25/22,
AshBritt issues a settlement offer. On 8/17/22, the County Attorney will
request to schedule a closed session for 9/21/22 to present that offer.
13.Gregory Burkhardt v. Monroe County, No. 22010041-CIV. On 4/28/22, Plaintiff filed
a Complaint for Declaratory and Injunctive Relief in state court seeking to declare
whether Plaintiff has a right to engage in commercial fishing uses on his Big Pine
Key property. The complaint also seeks to invalidate the Habitat Conservation Plan
and Incidental Take Permit issued by USFWS. On 5/25/22, the County removed the
action to federal court because the litigation presents a federal question. On
7/12/22, the County filed its motion to dismiss and in the alternative, motion
for a more definite statement. Awaiting the court's ruling on that motion.
14.Monroe County v. Sosa, 16t" Cir. 22-CA-517-K. For injunctive relief and money
judgment following code compliance lien for unsafe structures. Complaint was filed
on 7/2622.
3
Packet Pg. 2948
Q.1.a
15.Monroe County v. Purdue Pharma L.P. et al., No. 4:19-cv-10049. This case was
filed by Monroe County against opioid manufacturers/marketers and distributors on
4/3/19. The complaint seeks damages including punitive damages, attorneys' fees,
costs, and injunctive relief. The case is part of multi-district litigation under a judge
in Cleveland, Ohio. The parties are in settlement discussions with the distributor
defendants and Johnson & Johnson. Three of the other manufacturer defendants
(Purdue Pharma, Insys and Mallinckrodt) have filed bankruptcy. The County has
filed claims in the bankruptcy cases. Counsel representing local governments and
the Attorneys General for states in the national litigation have developed a formula
for distribution of settlement proceeds. On 9/15/21, the BOCC approved a resolution
that expressed approval for the settlement formula. On 12/8/21, the BOCC
approved a settlement agreement with three Distributors and one Manufacturer
(J&J) under which the County is estimated to receive approximately $200K/year for
18 years beginning in April 2022 if the settlement is finalized by the court. At the
3/16/22 meeting, the BOCC approved settlement with another defendant a
manufacturer(Endo) and authorized the CountyAttorney's Office to enter into further
settlement with other defendants as they become available. On 4/12/22, the County
Attorney (on behalf of the BOCC) approved settlements with Teva, Allergan, and
CVS. On 5/9/22, the County Attorney (on behalf of the BOCC) approved a
settlement with Walgreens. The County expects payouts to begin during late
summer or fall 2022.
Appellate Cases of Interest
16.Maschal et al. v. Monroe County and FKAA, CA K 19-186 (Third DCA Case No. 22-
754) — Suit against Monroe County and FKAA by Banks Prevatt and 11 other
individuals seeking similar relief to the Delaney lawsuit, which the County won. On U
9/30/21, the Court dismissed the Plaintiffs' Second Amended Complaint, but also It
granted the Plaintiffs' motion to file a supplementary complaint. On 10/11/21,
Plaintiffs filed a different supplementary complaint. On 10/12/21, Plaintiffs filed a
Motion to Disqualify the trial judge; the Court granted the order on 10/14/21 and the Q
case was reassigned to Judge Jones. On 10/15/21, Plaintiffs filed a motion to
reconsider the 9/30/21 order granting the County's Motion to Dismiss. The County
and FKAA filed a Motion to Strike the supplementary complaint and also a Motion
for Reconsideration of the Court's 9/30/21 order granting leave to file the
supplementary complaint. On 4/4/22, the Court denied the Plaintiff's motion for
reconsideration and granted the County and FKAA's motion for reconsideration, thus
denying the Plaintiff's motion to file a supplementary complaint. On 5/3/22, the
Plaintiffs filed an appeal to the Third DCA. Appellants have until 8/10/22 to file
their initial brief.
17.Jonathan Herold v. Monroe County, 21-AP-10-P. On 11/1/21, the property owner
filed a notice of appeal of the Final Order of the Special Magistrate that found him
in violation for building activity without a permit. The initial brief was filed 7/21/22.
The County's answer brief is due on 8/22/22.
4
Packet Pg. 2949
Q.1.a
18.Edwin and Janice Handte v. Monroe County, 20-AP-6-K & 20-AP-8-K/Third DCA
Case No. 21-1527/SC22-539. On 9/25/19, Planning Director denied property
owners' application to be considered exempt from the Land Development Code's
vacation rental special permit and manager license requirements. On 7/31/19, the
Planning Commission denied property owners' appeal of the Planning Director's
decision. On 7/6/20, a DOAH hearing officer denied the owners' appeal. Property
owners appealed to the Circuit Court on 7/23/20. On 6/29/21, the Circuit Court
issued an appellate opinion affirming in favor of the County. On 10/19/21, property
owners filed their petition for a writ of certiorari. On 2/2/22, the Third DCA issued an
opinion denying the property owners' petition and denied the Petitioners Motions
for Rehearing, Rehearing En Banc, or Clarification on 4/8/22. On 5/19/22, property
owners filed their jurisdictional brief with the Florida Supreme Court. On 6/20/22,
the County filed its answer brief on the issue of jurisdiction. Awaiting a decision
from the Supreme Court.
N
19.Joeandy Herrera & Jessica Herrera v. Monroe County, 21-AP-0007-P. On 9/2/21,
the property owners filed a notice of appeal of the Final Order of the Special
Magistrate that found them in violation for building activity without a permit. The
initial brief was filed on 7/20/22. The County's answer brief is due on 8/19/22.
0
CL
20.Ricky Hill & Jayne Hill v. Monroe County, 20-AP-0004-P. The Special Magistrate
found the property owners in violation of the County's land clearing standards,
which the Hills appealed on 9/22/20. After several extensions, the Hills filed their
initial brief on 1/26/22. On 5/18/22, the BOCC bulk approved a settlement
agreement between the parties. A notice of voluntary dismissal was filed on
7/7/22 thereby concluding the appeal.
U
21.Jacquelyn Bello v. Monroe County, 21-AP-0003-P. On 5/5/21, the property owner It
filed a notice of appeal of the 4/6/21 Final Order of the Special Magistrate that found
her in violation for converting a utility shed into a guest house without a permit. The
County filed its brief on 5/27/22. Property owner filed a reply brief on 6/28/22. Q
Awaiting scheduling of oral argument.
22.Parrot Fish Bay, LLC v. Monroe County, 20-AP-2-P/3D22-411. On 2/27/20, the
property owner filed a notice of appeal of the 1/30/20 Final Order of the Special
Magistrate finding the subject property in violation of multiple land clearing and
environmental violations (LDC 110-140(a), 118-7, 118-11(a)(b), 118-13, and 122-
8(d)(3)). Briefing is complete. Oral argument was held on 10/15/21. On 2/3/22, the
Circuit Court issued an opinion reversing the Special Magistrate's final order and
remanded the case back to the Special Magistrate. On 7/7/22, the County filed a
petition for writ of certiorari. The property owner has until 9/12/22 to file a
response to the petition.
23.Steve Stone v. Monroe County, 21-AP-8-P. On 9/2/21, the property owner filed a
notice of appeal of the Final Order of the Special Magistrate that found him in
violation for building activity without a permit. The initial brief was filed on 1/24/22.
The County filed its answer brief on 3/25/22. On 5/31/22, the property owner filed
his reply brief. On 6/8/22, the court denied the motion of Keyw Kiwi Corp., appellant
in the appeal listed below, seeking leave to file an amicus brief in the Stone case.
Oral argument was held on 7/25/22. Awaiting a ruling from the Court.
5
Packet Pg. 2950
Q.1.a
24.Nicholas Sheckler v. Monroe County, 19-AP-7-K/3D21-464. On 7/25/19, the
property owner filed a notice of appeal of the 6/27/19 Final Order of the Special
Magistrate that found his structure to constitute an unsafe structure in multiple
ways. On the morning of 11/4/20, prior to the Circuit Court's issuance or rendition
of an appellate opinion, the full amount of Monroe County's code enforcement lien
was paid and fully satisfied, rendering the appeal moot and subject to dismissal.
Later that day, after the County's code enforcement lien had been satisfied in full,
the Circuit Court released an opinion affirming in part and reversing in part the Final
Order. On 1/8/21, upon Monroe County's motion, the Circuit Court issued an order
vacating its 11/4/20 opinion and dismissing the appeal. The property owner filed a
petition for a writ of certiorari with the Third DCA on 2/5/21. Monroe County filed its
response on 5/19/21. On 6/22/21, the property owner requested oral argument, and
on 6/28/21 filed a reply. On 3/2/22, the Third DCA quashed the Circuit Court's
decision. On 4/19/22, the Third DCA denied the County's motion for rehearing. On
5/6/22, the Third DCA issued its mandate. Case is back pending before the a
Circuit Court. N
U)
25.Keyw Kiwi Corp. v. Monroe County, 22-AP-2-K. On 3/1/22, the owner filed a notice
of appeal of the Final Order of the Special Magistrate that found it in violation of
building activity without a permit. On 3/16/22, the Court entered an order staying
the appeal pending the outcome in Stone v. Monroe County because that appeal
also involves a similar statute of limitations issue. On 6/8/22, the court denied the
motion of Keyw Kiwi Corp., appellant in the appeal listed below, seeking leave to
file an amicus brief in the Stone case '
26.Ray Rey & Ramille Rey v. Monroe County, 22-AP-2-P. On 3/1/22, the owners filed
a notice of appeal of the Final Order of the Special Magistrate that found them in �?
violation due to improvements to a nonconforming lower enclosure. The County �
filed its answer brief on 6/16/22. A reply brief was filed on 7/21/22. Awaiting
scheduling of oral argument.
N
N
U)
Administrative Cases of Interest
27.Diane Beruldsen, et al v. Monroe County, DOAH 21-1657GM. Administrative petition
challenging Ordinance 05-2021, amending Comp Plan to authorize 300 early
evacuation ROGOs that are to be used as exchange for existing affordable ROGOs
was filed on 5/21/21. The reclaimed ROGOs would be used for administrative relief.
The challenge is being held in abeyance until the related Cities' challenge is resolved
by the Third District in Case No. 3D20-1921, Mattino et al. v. City of Marathon, et al.
Oral argument in the Cities' case was held on 10/19/21. Awaiting a decision of the
Third DCA in Mattino case. On 3/1/22, the AU entered an order continuing to hold
the County's case in abeyance until 7/29/22. On 7/29/22, the parties filed a joint
status report, asking DOAH to continue to hold the case in abeyance until
11/30/22.
6
Packet Pg. 2951
Q.1.a
28.Lower Density for Lower Sugarloaf, LLC, et al. v. Monroe County Planning
Commission, DOAH 21-494/21-CA-574-K. On 2/5/21 , a group of property owners
neighboring the proposed affordable-employee housing development filed an appeal
to DOAH, seeking to quash or reverse the Planning Commission's granting of a
Major Conditional Use permit to applicant Lower Keys Community Center Corp., and
also on 2/5/21, filed a parallel appeal of Resolution No. P36-20 to the BOCC sitting
as an appellate body under Chapter 139 of the Land Development Code. On
3/22/21, the developers intervened. The appellants on 4/6/21 filed a motion for the
DOAH ALJ to stay the DOAH proceeding, which the DOAH ALJ denied on 4/26/21.
After argument on 7/13/21, the ALJ issued a final order on 7/22/21, upholding the
Planning Commission's decision to approve the project's major conditional use
permit. On 8/23/21, the property owners filed a petition for writ of certiorari in Circuit
Court. Respondent Lower Keys Community Center filed its response on 9/24/21.
Monroe County filed its response on 9/29/21. On 7/28/22, the Court extended the
property owners' deadline to file their reply brief to 8/26/22. Q
N
29.6-7-8 US 1, LLC v. Monroe County Planning Department. On 5/7/21, the property
owner filed an appeal to the Planning Commission of the Department's 4/7/21 letter
of understanding regarding the attempted use of storage/shipping containers at its
Key Largo property in the SC land use district (Property Identification No. 00149430-
000000). The Department determined that the storage/shipping containers used for
commercial storage at the property were not subject to the property owner's
conditional use approval or building permit for the parcel, are structures that require
a permit and compliance with the Comprehensive Plan, LDC, Chapter 6 of the
County Code, the Florida Building Code, local and FEMA flood regulations, and
constitute non-residential floor area as defined in the LDC and are subject to 0
NROGO. The owner's appeal of the Department's analysis and conclusions U
will be heard at the Planning Commission's August meeting. �
0.
30.Largo Management Co., Inc. v. Monroe County Planning Commission. On 10/6/21,
the property owner filed an appeal to the Planning Commission of the Department's Q
9/14/21 letter of understanding regarding the applicant's proposal to increase the
recognized seating and seating capacity at two structures (a restaurant and a bar)
situated on a SC land use district-zoned property in Key Largo (Property ID No.
00504080-000000). The case was heard by the Planning Commission in July.
By a 4-1 vote, the Planning Commission granted the County's motion to
dismiss based on lack of timeliness. The Commission also agreed with the
Planning Department that the decision was correct on its merits.
31.WAYH1 LLC v. Monroe County Planning Department. On 12/21/21, the property
owner filed an appeal to the Planning Commission of the Department's decision to
deny the property owner's development application to deposit fill and build a
concrete retaining wall and a concrete grade beam at its Tavernier property on the
basis that the shoreline of the subject property (Property ID No. 00446340-000000)
has been identified as/determined to be a turtle nesting beach and as the proposed
construction does not meet applicable setback(s). The appeal was heard at the
Planning Commission's July meeting. By a 3-2 vote, the Planning
Commission denied the appeal.
Packet Pg. 2952
Q.1.a
Vacation Rental Cases
32.Thurmond Street Partners, LLC v. Monroe County, Florida, 18AP10-K & 18AP11 K;
Third DCA Case 3D19-2367. Appeal of 2018 finding by Code Compliance Special
Magistrate that Thurmond Street Partners vacation wedding use violated Section
130-94 of the Code. The property owner appealed to the Circuit Court, which
reversed the Special Magistrate's decision on 11/6/19; the County appealed to the
Third DCA on 12/6/19. The Third DCA stayed the case at the request of the parties.
On 12/15/20, the property owner and County staff held pre-application conferences.
Letters of Understanding resulting from the parties' pre-application conferences
were issued on 2/18/21. The property owner filed its tier amendment application on
3/15/21. On 6/24/21, the Third DCA extended its stay to 1/17/22 at the request of
the parties. On 9/29/21 , the Planning Commission voted to recommend that the
BOCC deny the property owner's application to amend its tier designation. The
property owner subsequently requested its follow-on tier amendment BOCC public a
hearing item to be tabled. The property owner now has until 4/22/22 to file rezoning
and future land use map change applications. On 6/22/22, the Third DCA denied
the County's petition. The Wd DCA's mandate was docketed in the Circuit Court
on 7/8/22. The case is now over.
33.Buttonwood Key Largo v. Monroe County, 21-CA-0068-P. On 2/16/21, Buttonwood
filed a complaint seeking declaratory and injunctive relief, including a declaration of
whether the six-room former hotel is entitled to vacation rental permit exemptions
pursuant to LDC Section 134-1(b)(1) (despite the fact that Buttonwood's applications '
for such exemptions were denied on 12/18/20, and the denials were not appealed)
and an injunction against code enforcement. The County filed its answer on 4/23/21 0
and has since served discovery requests. The County's motion for summary U
judgment was scheduled for 8/1/22. Plaintiff filed a notice of voluntary �
dismissal on 7/19/22, which will result in the lifting of the stay entered in the
separate appeal of the final order (Case No. 20-AP-9-P) finding Plaintiff in
violation of the County's vacation rental regulations.
U)
34.Coral Hammock Rental, et al. v. Monroe County, 20-AP-11-K. On 10/29/20, the
Special Magistrate heard 47 vacation rental violation cases arising from Coral
Hammock, found 45 properties in violation, and assessed fines of $224,329, plus
costs. Twenty-Six of the 45 property owners found in violation appealed the final
order to the Circuit Court. The appeals were consolidated for purposes of briefing
common issues of law. Appellants filed their brief on 6/4/21. The County filed its
brief on 10/22/21. Appellants' reply brief was filed on 1/28/22. Awaiting setting of
oral argument.
g
Packet Pg. 2953
Q.1.a
Constitutional Officer Cases
35.League of Women Voters of FL v. Sec'y of State Lee, Joyce Griffin, et al, 4:21-cv-
00186, USDC/NDFL, 11t" Cir. Ct. App. Case No. 22-11143 Suit against the State
and the Supervisors of Election for all 67 counties challenging SIB 90, elections
legislation enacted in 2021. Griffin and other SOEs retained outside counsel. The
County Attorney's Office is assisting in the defense. The other cases shown below
raise similar challenges to SIB 90. Supervisor Griffin has also been specifically
named as a defendant in those cases. All cases were consolidated and tried earlier
this year. The Court entered a 288-page Final Order on 3/31/22 for all cases. The
Secretary of State and several other defendants filed an appeal of this Order on
4/7/22. The appeal of the four cases (case listed above, and three cases listed
below) was consolidated under the case of League of Women Voters et al. v. Florida
Secretary of State et al., 11t" Cir. Case no. 22-11143. On 5/6/22, the appellate court Q
stayed Judge Walker's final Order. For now, the provisions that Judge Walker had
invalidated are again in effect and will remain so through the 2022 election. The
Secretary of State filed its initial brief on 7/11/22. The appeal has been
scheduled for oral argument on the combined cases on 9/15/22.
36.NAACP of FL v. Sec'y of State Lee, Joyce Griffin, et al, 4:21-cv-001 87, USDC/NDFL,
11t" Cir. Ct. App. Case No. 22-11144 Claims for injunctive and declaratory relief
against the Secretary of State and the Supervisor of Elections for all 67 counties,
challenging S1390, the recently enacted elections legislation and raising some
additional constitutional claims. This case has been consolidated with the above
League of Women Voters case and is being handled by the same outside counsel. 0
The County Attorney's Office continues to provide assistance in the defense. Final U
Order entered as noted above. The Secretary of State and several other defendants t
filed an appeal of this Order on 4/7/22, and see the current status of the appeal as
noted above.
N
N
37.Florida Rising Together, v. Sec'y of State Lee, Joyce Griffin, et al, 4:21-cv-201,
USDC/NDFL, 11t" Cir. Ct. App. Case No. 22-11143. Claim for injunctive and
declaratory relief against Secretary Lee and the Supervisor of Elections for all 67
counties, also challenging SB90 and asking to impose a "pre-clearance" requirement
on defendants which would require all changes in election laws and procedures to
be submitted to the U.S. Dept. of Justice for pre-approval. This case was also
consolidated with the above League of Women Voters case and is being handled by
the same outside counsel, with the County Attorney's office providing assistance.
Final Order entered as noted above. The Secretary of State and several other
defendants filed an appeal of this Order on 4/7/22, and see the current status of the
appeal as noted above.
38.Harriet Tubman Freedom Fighters, et al v. Laurel M. Lee, et al, No. 4:21-cv-00-242-
MW-MAF, 11t" Cir. Ct. App. 22-11133. Declaratory relief action alleging violations of
Voting Act and voting suppression. The Secretary of State and several other
defendants also filed an appeal on 4/7/22 in this case, which had previously been
dismissed as to Monroe County and several other parties. The appeal is pending
as noted above.
9
Packet Pg. 2954
Q.1.a
Tort and/or Employment Law Cases
39.The County Attorney's Office is currently representing the County in the following
other personal injury, property damage and employment law cases not referenced
above:
Katzenstein v. Monroe County, 20-CA-177-P Personal Injury
Solomon v. Monroe County et al., 20-CA-206-M Personal Injury
Barter v. Monroe County, 21-CA-418-K Personal Injury
L. Goodman v. Monroe County, S.D. Fla. 4:21-cv-10099-DPG Employment
Francisco Salazar v. FDOT and Monroe County, 21-CA-715-K Personal injury
N
Lien Foreclosure and Mortgage Foreclosure Cases N
40.The County Attorney's Office is currently prosecuting a total of 25 cases to foreclose
on County code compliance liens. The Office is also currently representing the
County as a defendant in 8 mortgage foreclosure cases, where the County holds an
interest in the property, usually as a result of an inferior code compliance lien.
Other Matters of Interest
41.Code Collections. During July 2022, staff collected $157,669.37 in code
compliance fines and costs. Cumulatively through the first nine months of FY22, c0
staff has collected $1,178,677.56 in fines and costs, including after-the-fact fees. A U
chart showing code collections is attached. 0
42.Vacation Rental Prosecutions. Two vacation rental cases were heard at the N
N
July 28 Code Compliance hearing before the Special Magistrate. The Special N
Magistrate took one of the cases (CE22030005) under advisement and has yet to
issue a ruling. In CE22040060, the Special Magistrate found the property owners
in violation and issued a one-time fine of $4000. That property is now compliant.
c�
to
Packet Pg. 2955
Q.1.a
Risk Management
43.Risk Management activity in July 2022 was as shown below.
Claims:
County Property (CP) 3
Auto Physical (AP) 7
General Liability (GL) 0
Auto Liability (AL) 0
Flood policy renewals: 3 policies
Insurance Policy renewals: 2 policies
Vehicle/Equipment addition and deletion: 4 vehicles/equipment added or
deleted
Open Pending Risk claims over past 5 years
(including claims being monitored and/or
handled by Risk Management and claims being Q
litigated by Monroe County Attorney's Office):
AP claims 70
CP claims 92
AL claims 8
GL claims 58
Large Dollar Amount Claims:
Current GL above $10,000 1
Current AL above $3,000 1
Past AP and CP above $3,000 going back 5 14
years
Agenda Items Reviewed past month 23
U
0
N
N
N
U)
c�
11
Packet Pg. 2956
Q.1.a
Public Records
44.The County Attorney's Office serves as the coordinator of public records requests
for the County. During the month of July 2022, the office processed a total of 127
requests and assisted other departments with fulfilling an additional 137 requests for
a total of 264 public records requests. Please see below for further details:
IIVbrvroe Cour,ity, II tj Ib III iii c IIRecards PerfarrnariceRepart
July 1, to July 31, 2022 All Departments
261 Requests Received
264 Requests Closed C14
c14
2 Day(s)to Fulfillment U)
(Median days required to fulfill request in reporting Period) ,
0
CL
The County Attorney's Office fulfilled 127 of the received requests. Below is a breakdown of requests
processed by each department/
(NOTE: some requests have more than one department assigned thus the number can add up to more
than 261 or 264)
0
U
0
CL
Building New 82 Closed 80 �
c14
Code Compliance New 32 Closed 37 U)
County Attorney New 72 Closed 73
County Attorney(Building Requests) New 49 Closed 54
c�
Airport Services New 2 Closed 2
MCFR New 17 Closed 18
OMB New 19 Closed 19
Planning New 28 Closed 32
12
Packet Pg. 2957
Mar-22 62,252.42 25,894.51 88,146.93 9,755.00 0.00 97,901.93
Apr-22 48,475.30 15,095.90 63,571.20 8,700.00 0.00 72,271.20
May-22 83,298.34 21,472.82 104,771.16 16,608.00 0.00 121,379.16
Jun-22 131,099.35 18,733.10 149,832.45 14,395.00 0.00 164,227.45
Jul-22 144,915.38 12,783.99 157,699.37 12,850.00 0.00 170,549.37
Aug-22 0.00 0.00 0.00
Sep-22 0.00 0.00 0.00
DIALS 869,713.90 166,265.66 1,035,979.56 142,698.00 0.00 1,178,677.56
Oct-20 110,118.18 8,468.94 118,587.12 12,000.00 0.00 130,587.12
Nov-20 274,496.96 18,626.30 293,123.26 12,049.00 0.00 305,172.26
Dec-20 371,537.44 21,711.75 393,249.19 24,465.50 0.00 417,714.69
Jan-21 40,231.44 6,155.62 46,387.06 17,477.00 0.00 63,864.06
Feb-21 82,488.84 7,119.61 89,608.45 16,802.40 0.00 106,410.85
Mar-21 153,210.14 11,740.03 164,950.17 13,289.33 0.00 178,239.50
Apr-21 54,765.14 10,410.67 65,175.81 22,361.00 0.00 87,536.81
May-21 133,087.50 13,693.82 146,781.32 38,452.50 0.00 185,233.82
Jun-21 108,284.38 11,984.20 120,268.58 14,324.80 0.00 134,593.38
Jul-21 48,132.91 12,330.99 60,463.90 16,705.00 0.00 77,168.90
Aug-21 95,416.47 17,905.63 113,322.10 16,500.00 0.00 129,822.10
Sep-21 834,980.91 34,127.76 869,108.67 17,715.00 0.00 886,823.67
DIALS 2,306,750.31 174,275.32 2,481,025.63 222,141.53 0.00 2,703,167.16
Oct-19 214,502.00 23,106.65 237,608.65 14,184.24 0.00 251,792.89
Nov-19 106,074.69 13,167.07 119,241.76 38,919.00 0.00 158,160.76
Dec-19 93,199.37 28,049.18 121,248.55 27,080.00 0.00 148,328.55
Jan-20 79,016.84 9,927.40 88,944.24 26,054.50 0.00 114,998.74
Feb-20 105,812.50 12,011.18 117,823.68 13,738.00 0.00 131,561.68
Mar-20 97,165.30 5,403.80 102,569.10 5,000.00 0.00 107,569.10
Apr-20 60,448.51 14,526.09 74,974.60 7,000.00 0.00 81,974.60
May-20 29,800.00 2,856.07 32,656.07 3,834.00 0.00 36,490.07
Jun-20 50,271.07 10,607.60 60,878.67 20,400.00 0.00 81,278.67
Jul-20 62,323.66 5,395.02 67,718.68 10,612.42 0.00 78,331.10
Aug-20 124,395.25 12,106.57 136,501.82 18,872.50 0.00 155,374.32
Sep-20 155,989.83 13,770.09 169,759.92 8,368.52 0.00 178,128.44
DIALS 1,178,999.02 150,926.72 1,329,925.74 194,063.18 0.00 1,523,988.92
Oct-18 253,116.80 18,009.84 271,126.64 6,778.00 0.00 277,904.64
Nov-18 125,598.96 10,889.53 136,488.49 24,794.50 0.00 161,282.99
Dec-18 88,200.00 9,355.32 97,555.32 6,700.00 0.00 104,255.32
Jan-19 69,500.00 6,586.43 76,086.43 11,320.00 0.00 87,406.43
Feb-19 163,410.90 13,655.94 177,066.84 13,031.50 0.00 190,098.34
Mar-19 123,729.53 11,289.45 135,018.98 28,210.00 0.00 163,228.98
Apr-19 117,602.07 10,149.71 127,751.78 30,490.00 0.00 158,241.78
May-19 226,445.80 21,179.45 247,625.25 52,601.00 0.00 300,226.25
Jun-19 170,542.05 14,618.43 185,160.48 18,602.00 0.00 203,762.48
Jul-19 51,927.51 22,316.50 74,244.01 42,935.94 0.00 117,179.95
Aug-19 139,884.82 22,736.88 162,621.70 16,000.00 0.00 178,621.70
Sep-19 142,855.12 21,742.25 164,597.37 18,699.76 0.00 183,297.13
DIALS 1,672,813.561 182,529.73 1,855,343.29 270,162.70 0.00 2,125,505.99
Sep-18 194,858.92 11,751.09 206,610.01 10,500.00 0.00 217,110.01
DIALS 1,832,627.91 122,373.91 1,955,001.82 85,613.00 0.00 2,040,614.82
Oct-16 217,650.79 13,725.86 231,376.65 4,400.00 0.00 235,776.65
Nov-16 227,785.20 19,645.28 247,430.48 5,000.00 0.00 252,430.48
Dec-16 265,695.00 17,792.51 283,487.51 9,614.00 0.00 293,101.51
Jan-17 20,211.00 4,373.92 24,584.92 1,000.00 0.00 25,584.92
Feb-17 75,765.37 8,548.48 84,313.85 0.00 0.00 84,313.85
Mar-17 148,287.86 12,850.64 161,138.50 5,430.00 0.00 166,568.50
Apr-17 44,886.86 8,739.36 53,626.22 6,500.00 0.00 60,126.22
May-17 99,402.60 12,369.67 111,772.27 5,850.00 0.00 117,622.27
Jun-17 78,697.00 9,474.69 88,171.69 8,402.00 0.00 96,573.69
Jul-17 89,965.00 12,458.67 102,423.67 2,000.00 0.00 104,423.67
Aug-17 216,371.93 10,646.72 227,018.65 5,781.00 0.00 232,799.65
Sep-1 7 0.00 0.00 0.00 0.00 0.00 0.00
31S 1,484,718.61 130,625.80 1,615,344.41 53,977.00 0.00 1,669,321.41
Oct-15 61,426.72 10,511.57 71,938.29 7,750.00 0.00 79,688.29
Nov-15 48,354.30 11,793.36 60,147.66 4,973.00 0.00 65,120.66
Dec-15 62,632.50 6,632.92 69,265.42 2,000.00 0.00 71,265.42
Jan-16 107,268.81 9,832.65 117,101.46 3,950.00 0.00 121,051.46
Feb-16 51,280.56 4,053.38 55,333.94 5,700.00 0.00 61,033.94
Mar-16 90,377.88 9,444.40 99,822.28 3,500.00 0.00 103,322.28
Apr-16 195,134.49 9,909.37 205,043.86 11,950.00 0.00 216,993.86
May-16 116,788.89 10,038.53 126,827.42 5,750.00 0.00 132,577.42
Jun-16 76,766.16 15,398.33 92,164.49 5,450.00 0.00 97,614.49
Jul-16 55,079.02 7,142.74 62,221.76 3,000.00 0.00 65,221.76
Aug-16 56,431.52 8,022.33 64,453.85 2,255.00 0.00 66,708.85
Sep-16 76,726.41 9,679.07 86,405.48 8,400.00 0.00 94,805.48
31S 998,267.26 112,458.65 1,110,725.91 64,678.00 0.00 1,175,403.91
Oct-14 54,290.83 10,089.61 64,380.44 2,000.00 0.00 66,380.44
Nov-14 6,937.50 2,320.91 9,258.41 5,293.00 0.00 14,551.41
Dec-14 32,966.67 5,214.20 38,180.87 8,604.00 0.00 46,784.87
Jan-15 3,591.67 1,707.54 5,299.21 4,500.00 0.00 9,799.21
Feb-15 57,802.61 9,142.24 66,944.85 5,537.40 0.00 72,482.25
Mar-15 68,916.67 6,091.97 75,008.64 8,060.00 0.00 83,068.64
A r-15 50,862.50 3,932.05 54,794.55 8,665.00 0.00 63,459.55
May-1 5 38,366.66 5,229.36 43,596.02 9,666.30 0.00 53,262.32
Jun-15 25,259.58 7,955.08 33,214.66 4,830.00 0.00 38,044.66
Jul-15 68,735.00 9,488.79 78,223.79 10,450.00 0.00 88,673.79
Aug-1 5 27,778.66 6,091.43 33,870.09 8,707.10 0.00 42,577.19
Sep-15 44,422.72 5,214.04 49,636.76 9,125.00 0.00 58,761.76
31S 479,931.07 72,477.22 552,408.29 85,437.80 0.00 637,846.09
Oct-13 35,349.96 3,466.03 38,815.99 7,525.00 0.00 46,340.99
Nov-13 30,809.25 4,138.09 34,947.34 3,250.00 0.00 38,197.34
Dec-13 27,691.63 4,865.47 32,557.10 6,150.00 0.00 38,707.10
Jan-14 41,804.65 1,752.21 43,556.86 3,000.00 0.00 46,556.86
Feb-14 51,544.58 5,485.34 57,029.92 4,000.00 0.00 61,029.92
Mar-14 28,856.45 5,053.71 33,910.16 4,000.00 0.00 37,910.16
A r-14 22,908.66 5,418.39 28,327.05 8,500.00 0.00 36,827.05
Ma -14 8,691.99 3,152.10 11,844.09 10,558.00 0.00 22,402.09
Jun-141 79,184.001 14,272.72 93,456.72 7,000.00 0.001 100,456.72
May-13 32,386.69 5,795.00 38,181.69 4,000.00 450.00 42,631.69
Jun-13 14,466.64 2,912.69 17,379.33 3,000.00 360.00 20,739.33
Jul-13 25,166.66 2,245.54 27,412.20 6,313.60 90.00 33,815.80
Aug-13 32,566.64 1,450.56 34,017.20 5,800.00 0.00 39,817.20
Sep-13 51,324.96 3,330.80 54,655.76 3,750.00 0.00 58,405.76
31s 373,341.95 54,115.72 427,457.67 52,893.60 4,680.00 485,031.27
Oct-11 64,020.50 6,892.20 70,912.70 3,500.00 2,430.00 76,842.70
Nov-11 8,800.00 3,386.36 12,186.36 2,000.00 1,170.00 15,356.36
Dec-11 3,550.00 2,635.70 6,185.70 2,500.00 1,800.00 10,485.70
Jan-12 21,300.00 4,725.41 26,025.41 3,000.00 1,620.00 30,645.41
Feb-12 28,546.66 3,695.38 32,242.04 1,800.00 1,440.00 35,482.04
Mar-12 31,925.00 5,516.99 37,441.99 3,500.00 1,620.00 42,561.99
Apr-12 36,696.66 2,693.08 39,389.74 4,000.00 1,800.00 45,189.74
May-12 65,617.33 6,176.11 71,793.44 4,060.00 1,530.00 77,383.44
Jun-12 5,217.00 667.39 5,884.39 2,000.00 810.00 8,694.39
Jul-12 28,433.32 6,782.45 35,215.77 1,590.00 1,080.00 37,885.77
Aug-12 7,917.30 9,126.20 17,043.50 4,745.00 630.00 22,418.50
Sep-12 15,350.00 600.79 15,950.79 2,000.00 720.00 18,670.79
31s 317,373.77 52,898.06 370,271.83 34,695.00 16,650.00 421,616.83
Oct-10 28,433.00 5,430.21 33,863.21 0.00 0.00 33,863.21
Nov-10 28,234.78 4,972.51 33,207.29 1,000.00 2,070.00 36,277.29
Dec-10 36,730.68 3,159.63 39,890.31 9,800.00 2,160.00 51,850.31
Jan-11 42,444.08 5,188.79 47,632.87 5,405.00 1,980.00 55,017.87
Feb-11 26,727.00 5,126.63 31,853.63 3,220.00 2,060.00 37,133.63
Mar-11 55,517.56 9,022.78 64,540.34 14,283.00 3,240.00 82,063.34
Apr-11 20,201.00 5,076.11 25,277.11 1,500.00 2,340.00 29,117.11
May-11 19,470.50 5,792.91 25,263.41 2,500.00 3,960.00 31,723.41
Jun-11 19,154.96 6,489.46 25,644.42 3,000.00 2,880.00 31,524.42
Jul-11 17,625.00 2,691.82 20,316.82 1,500.00 1,710.00 23,526.82
Aug-11 58,432.00 5,282.78 63,714.78 3,000.00 3,330.00 70,044.78
Sep-11 20,700.00 4,253.46 24,953.46 2,000.00 2,340.00 29,293.46
31s 373,670.56 62,487.09 436,157.65 47,208.00 28,070.00 511,435.65
Oct-09 2,605.25 2,197.76 4,803.01 0.00 1,950.00 6,753.01
Nov-09 24,337.98 2,518.11 26,856.09 0.00 1,620.00 28,476.09
Dec-09 17,897.58 2,459.76 20,357.34 0.00 2,320.00 22,677.34
Jan-10 24,351.33 1,929.51 26,280.84 0.00 1,800.00 28,080.84
Feb-10 1,191.33 1,368.20 2,559.53 0.00 1,260.00 3,819.53
Mar-10 5,621.83 3,705.74 9,327.57 500.00 2,760.00 12,587.57
Apr-10 4,500.00 8,299.61 12,799.61 1,000.00 2,950.00 16,749.61
May-10 29,587.00 3,703.34 33,290.34 2,000.00 2,820.00 38,110.34
Jun-10 16,608.36 5,017.01 21,625.37 10,070.00 1,890.00 33,585.37
Jul-10 5,583.00 4,096.95 9,679.95 2,500.00 1,350.00 13,529.95
Aug-10 15,866.00 5,164.69 21,030.69 13,068.80 2,250.00 36,349.49
Sep-10 35,556.50 2,375.07 37,931.57 0.00 0.00 37,931.57
31s 183,706.16 42,835.75 226,541.91 29,138.80 22,970.00 278,650.71
Oct-08 8,226.62 893.85 9,120.47 0.00 2,610.00 11,730.47
Nov-08 4,047.50 153.22 4,200.72 0.00 2,340.00 6,540.72
Dec-08 6,768.75 2,091.65 8,860.40 0.00 2,700.00 11,560.40
Jan-09 1,000.00 667.86 1,667.86 0.00 2,770.00 4,437.86
Feb-09 31,413.26 1,493.71 32,906.971 0.00 2,070.00 34,976.97
Mar-09 21.275.00 1.082.51 22.357.511 0.00 2.770.00 25.127.51
Feb-08 9,000.00 300.00 9,300.00 0.00 2,250.00 11,550.00
Mar-08 33,105.50 400.00 33,505.50 0.00 2,880.00 36,385.50
Apr-08 3,118.50 738.53 3,857.03 0.00 3,510.00 7,367.03
May-08 8,425.00 526.04 8,951.04 0.00 3,140.00 12,091.04
Jun-08 14,100.00 170.71 14,270.71 0.00 3,960.00 18,230.71
Jul-08 1,350.00 135.02 1,485.02 0.00 2,230.00 3,715.02
Aug-08 8,000.00 600.00 8,600.00 0.00 2,980.00 11,580.00
Sep-08 6,212.50 200.83 6,413.33 0.00 2,250.00 8,663.33
31s 100,699.35 5,014.63 105,713.98 0.00 29,190.00 134,903.98
Oct-06 0.00 0.00 0.00 0.00 0.00 0.00
Nov-06 0.00 0.00 0.00 0.00 0.00 0.00
Dec-06 0.00 0.00 0.00 0.00 0.00 0.00
Jan-07 10,918.00 1,500.00 12,418.00 0.00 0.00 12,418.00
Feb-07 1,500.00 1,823.55 3,323.55 0.00 0.00 3,323.55
Mar-07 2,150.00 1,001.95 3,151.95 0.00 0.00 3,151.95
Apr-07 4,017.70 902.70 4,920.40 0.00 0.00 4,920.40
May-07 21,060.00 900.00 21,960.00 0.00 0.00 21,960.00
Jun-07 1,250.00 3,585.00 4,835.00 0.00 0.00 4,835.00
Jul-07 8,399.98 1,207.50 9,607.48 0.00 0.00 9,607.48
Aug-07 7,640.00 1,600.00 9,240.00 0.00 0.00 9,240.00
Sep-07 12,157.00 1,000.00 13,157.00 0.00 0.00 13,157.00
69,092.68 13,520.70 82,613.38 0.00 0.00 82,613.38