Item R03 R.3
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
October 19, 2022
Agenda Item Number: R.3
Agenda Item Summary #11118
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
N/A
AGENDA ITEM WORDING: Approval of an hourly rate increase in Administrative Law Judge
(Hearing Officer) services contract with the Division of Administrative Hearings from $150 per hour
to $180 per hour effective October 1, 2022 (retroactively).
ITEM BACKGROUND: Section 120.65(5), Florida Statutes, authorizes the Division of
Administrative Hearings (DOAH) to provide Administrative Law Judges (ALJs) to serve as
hearing officers on a contract basis to any governmental entity. Monroe County has contracted
with the DOAH for many years to use their ALJs to conduct a variety of types of hearings,
including Planning Commission appeals, Historic Preservation Commission appeals, Code
Compliance hearings, Flood Plan Management Ordinance appeals, Beneficial Use Determination
hearings, Vested Rights hearings, and other matters assigned to DOAH by the County. In 2019,
the Board entered into a new agreement with DOAH, which replaced the prior contract that had
been amended several times.
According to the existing contract and F.S. 120.65, the contract rate must be based on a total
cost-recovery methodology, which is adjusted annually. Staff received Notification from DOAH
of an hourly rate increase, effective October 1, 2022, from $150 per hour to $180 per hour.
PREVIOUS RELEVANT BOCC ACTION:
6/20/01 BOCC approved contract with the DOAH
2/21/07 BOCC approved contract with the DOAH
7/19/07 BOCC approved First Amendment expanding the scope of services to include
additional matters such as Vested Rights and Beneficial Use Determination hearings
10/15/08 BOCC approved increase in contract rate from $137 per hour to $140 per hour
10/21/09 BOCC approved increase in contract rate from $140 per hour to $142 per hour
10/20/10 BOCC approved increase in contract rate from $142 per hour to $144 per hour
10/19/11 BOCC approved increase in contract rate from $144 per hour to $146 per hour
11/16/11 BOCC approved Second Amendment to transfer Polycom video-conferencing
equipment from DOAH to Monroe County in exchange for the use of the County's
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R.3
Media& Conference Room located in Marathon, FL
10/17/12 BOCC approved decrease in contract rate from $146 per hour to $141 per hour
10/20/13 BOCC approved increase in contract rate from $141 per hour to $143 per hour
11/15/14 BOCC approved increase in contract rate from $143 per hour to $148 per hour
10/21/15 BOCC approved increase in contract rate from $148 per hour to $149 per hour
10/01/16 Hourly rate unchanged
10/18/17 BOCC approved increase in contract rate from $149 per hour to $151 per hour
9/19/18 BOCC approved increase in contract rate from $151 per hour to $153 per hour,
effective 10/1/18
10/01/19 Hourly rate unchanged; remains at$153 per hour, effective 10/1/19
12/11/19 BOCC approved new DOAH contract—hourly rate remained at$153 per hour
09/16/20 BOCC approved increase in contract rate from $153 per hour to $155 per hour,
effective 10/1/2020
09/15/21 BOCC approved a decrease in contract rate from $155 per hour to $150 per hour,
effective 10/1/2021
CONTRACT/AGREEMENT CHANGES:
Hourly fee raised $150 to $180 per hour
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
DOAH Rate
DOAH Agreement 11 December 2019
FINANCIAL IMPACT:
Effective Date: 10-01-2022
Expiration Date: 09-30-2023
Total Dollar Value of Contract: TBD
Total Cost to County: $180 per hour (effective 10/1/2022) & related expenses (travel, video
teleconferencing, etc.)
Current Year Portion: TBD
Budgeted: Yes
Source of Funds: 148-60500-530318
CPI: N/A
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
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R.3
Additional Details: 10/01/2022 148-50001 GROWTH MGMT ADMIN $180 Rate per hour
10/01/22 148-60500 - CODE ENFORCEMENT $180.00
REVIEWED BY:
Bob Shillinger Completed 09/19/2022 5:26 PM
Cynthia McPherson Completed 09/20/2022 9:12 AM
Purchasing Completed 09/20/2022 9:15 AM
Budget and Finance Completed 09/20/2022 9:25 AM
Lindsey Ballard Completed 09/20/2022 1:09 PM
Board of County Commissioners Pending 10/19/2022 9:00 AM
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STATE OF FLORIDA RON DESANTIS
DIVISION OF ADMINISTRATIVE HEARINGS
GOVERNOR
ASHLE:Y MOODY
OFFICE OF THE JUDGES OF COMPENSATION CLAIMS ATT'ORNEY GENERAL
JIMMY PA'9"RONI:S
CHIEF FINANCIAL OFFICER
NIKKI FRIED
COMMISSIONER OF AGRicuurum
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September 1, 2022
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Maureen K. Proffitt
Monroe County Board of County Commissioners -Adminsitrative Code Enforcement
2798 Overseas Highway
Marathon, Florida 330SO
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RE. Hourly pate for DOAH Administrative Lave Judge Service Contract
Dear Ms. Proffitt:
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The Division of Administrative Hearings reviews its hourly rate for Administrative
Laver judge services on an annual basis based can a total-cost recovery methodology, After
review of the information, this year's rate will be $180.00 per hour. This rate change will
be effective October 1, 2022.
If you have questions or require additional information, please contact me at ( )
404 4 t or email at rpan.nev rr nla) Ldj.ssttat e.f' us.
Sincerely,
Brian A. Newman
Acting Director and Chief judge
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1230 APA LA,C HEE PARKWAY,TAI...LAG-ASSEE,FLORIDA. 32399-3060
A1'?MINISTRATIVE DAWN(8 0)468-9675 - WW W,DOAH S7'ATE.F1-US Packet Pg.4726
JUDGES OF COMPENSATION CLAIMS(850)487'-1 91 1 -WW W,FLJC C.,ORG
THE DIVISION OF ADMINISTRATIVE HEARINGS AND MONROE COUNTY
ADMINISTRATIVE LAW JUDGE (HEARING OFFICER.). SERVICES CONTRACT
This CONTRACT is between MONROE COUNTY, FLORIDA, I 100 Simonton Street,
Suite 205, Key W 33040 est, Florida, (hereinafter "COU'N"I"Y") and the STATE OF FLORIDA,
DIVISION OF ADMINISTRATIVE HEARINGS (hereinafter"DOAH").
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WHEREAS, Section 120!.65(6), Florida Statutes, authorizes DOAH to provide
Administrative Law Judges (ALJs) to serve as hearing officers on a contract basis to any
goverrunental entity; and
WHEREAS, the COUNTY desires to use the services of DOAH's ALJs to conduct
hearings arising out of, related to, or in connection with code compliance cases, including but not
limited to conducting quasi-judicial hearings as the County's Code Compliance Special
Magistrate; appeals of decisions of the Mornroe County Planning Commission; appeals of
decisions of the Historic Preservation Commission; appeals from administrative actions
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regarding the floodplain management provisions of the Monroe County Land Development Code
and/or Monroe County Code of Ordinances; beneficial use and vested rights hearings; and any 0
other matters assigned to the DOAH by the COUNTY; and
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WHEREAS, the Chief Judge for the Division of Administrative Hearings, has the
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authority to enter into this agreement;
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NOW THEREFORE, the parties, for valuable consideration and the mutual promises
between them, agree as follows:
1. Scope of Services. DOAH agrees to make ALJs available to the NTY. The
ALJs to be provided will be full-time judges employed by the State of Florida,
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Division of Administrative Hearings. The ALJs to be provided are experts in the
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adjudication of administrative disputes and such ALJs shall, where possible, be .0
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persons familiar with cases involving the issues at hand. DOA14 shall provide an ALJ
to hear the following types of cases;
a. Code compliance;
b. Appeals,of decisions of the Monroe County Planrdng Commission;
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c. Appeals of decisions of the Monroe County Historic Preservation
Commission;
d. Appeals from floodplain management variance denials; X
e. Beneficial use and vested rights hearings; and 0
f. Any other matter assigned to the Special Magistrate by the County a
Administrator or County Attorney.
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2. Compensation. The fiscal year 200:3-2004 General Appropriations Act, Chapter
2003-3917, Laws of Florida, requires DOAH to renegotiate its contracts for ALJ
services annually so that the hourly rate charged is based on a total-cost recovery
methodology. The rate has been determined, to be $153.00 per hour beginning
October 1, 2019, DOAH, will notify COUNTY of the amended hourly rate on or
about the first day of September of each year. That rate will become effective on the
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First day of October of that same year. COUNTY agrees to compensate, DOAFI for
each hour actually worked, and subsequently, at the hourly rate detcnniDed in
accordance with the Florida Legislature's directive. This rate will apply for ALJ
services in preparing for hearings, traveling to hearings, conducting hearings, and
preparing Recommended Orders.
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1 Expenses. COUNTY agrees to pay the actual travel expenses of the assigned ALJ in C14
the amount provided pursuant to Chapter 112, Florida Statutes. DOAH agrees,
whenever possible, to arrange the travel schedule of such ALJ so that the ALJ can
accomplish other work during a trip, and, in such instances, travel expenses and
hourly compensation will be prorated for services to COUNTY. In the event a
hearing is being conducted by video teleconferencing, COUNTY will reimburse
DOAH at the current DOAH video teleconferencing rate. DOAH will submit
invoices monthly and COUNTY agrees to remit payment monthly in accordance with <
Chapter 218, Part VII, Florida Statutes. DOAH agrees to provide COUNTY an
itemized statement of the charges and costs in the invoice. 0
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4. Contract Management. Administrative Services Director Lisa M. Mustain shall
provide contract management services under this Contract.
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5. Term. This contract is for a term of one (1) year and will automatically renew for
succeeding yearly periods one year from the date last signed. This, Contract may be
amended from time to time by mutual agreement of the parties, and may be
terminated by either party for the convenience of that party upon thirty (30) days'
written notice.
6. Ike wrest for Services. For Code Compliance matters, DOAII shall provide the same
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hearing officer, whenever possible, for the periodic hearings. Should a conflict arise
in a Compliance Case, DOAH shall assign an alternate ALJ to serve as, the Special
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Magistrate, In order to activate this agreement for all other types of matters, the 0
COUNTY shall send a letter to the Chief Judge requesting the services of an ALJ and
shall include with such request a copy of any materials, relevant to the request.
DOAH shall provide an ALJ within thirty (30) calendar days of its receipt of the
letter. E
7. Effective Date. This Contract will become effective on the date the last signature is <
made. X
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8. Notices. All notices required or permitted by this Contract shall be in writing, and
shall be deemed to have been duty given if mailed first-class, certified postage
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prepaid, addressed as follows:
MONROE COUNTY, FLORIDA:
Bob Shillinger, County Attorney
I I I I 12th Street
Suite #408
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Key West, Florida 33040
(305) 292-3470
DOAH;
State of Florida, Division of Administrative Hearings
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Attn: Lisa M. Mustain, Director of Administration C14
1230 Apalachee.Parkway
Tallahassee, Florida 3,23,99
(850)488-9675
9. Miscellaneous. The COUNTY and the DOAH agree that this Contract shall not be
construed to find or hold that the position of AU within the DOAH is an "appointive
office," "appointive public office," "appointive public position," "appointive <
position," "elective office," "elective public office," "elective public position," or
`"elective position" as those terms are used in the Monroe County Code(s), or that the 0
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DOAH or the ALJs it provides pursuant to this Contract bold an "appointive office,"
"appointive public office, ..appointive public position,," "appointive position,"
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"elective office," "elective public oiffice," "elective public position," or "elective
�osition" as those terms are used in the Monroe County Code(s), 21
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BOARD OF COUNTY COMMISSIONERS
OF MOLAR COUNTY, FL U)
;)K EVIN MADOK, CLERK
By: Deputy Clerk y yor
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STATE OFFLORIDA
DIVISION OPADMINArRATI ' REARINGS
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Director of Administration
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