Item P10Meeting Date: January 16, 2008 - KW
Bulk Item: Yes No X
I 10111161tul"7111tyrr�.
Division County Attorney
Staff Contact Person: Suzanne Hutton #3473
AGENDA ITEM WORDING:
A Public Hearing to consider approval of a Resolution increasing the rate for attorney's fees sought by
the County Attorney's Office under Section 2-365 of the Monroe County Code.
ITEM BACKGROUND:
Under Section 2-365 of the County Code, the Board must set by resolution the hourly rates for services
rendered by the County Attorney's Office. Florida law permits local governments to seek
reimbursement for in-house staff attorney's fees from litigation opponents, when appropriate and at the
market rate, even if that rate exceeds the actual salary and benefit costs for the particular staff attorney.
The Board last set the hourly rate for the County Attorney's Office on April 20, 2005. The proposed
increase will raised the base rate from $200.00 per hour to $250.00 per hour. A premium rate of
$300.00 is proposed for work performed by staff lawyers who are Board certified. The proposed
increase would also help offset the additional costs made necessary by the relocation of the County
Attorney's Office to a commercial office building due to the deteriorating condition of the Courthouse
Annex.
PREVIOUS RELEVANT BOCC ACTION:
4/20/2005 BOCC approved Resolution No. 135-2005
12/19/2007 BOCC approved advertising/holding Public Hearing 1/16/2008 in KW
..............................
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval. _
TOTAL COST: N/A
COST TO COUNTY: N/A
BUDGETED: Yes N/A No
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH unknown YEAR unknown
APPROVER BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
M=1> O, ,AGENDAT 4 f'' - 1,
OWN
A RESOLUTION OF THE BOARD OF COUNT-N
COMMISSIONERS OF MONROE COUNTY, FLORIDA RAISIN
THE RATE FOR ATTORNEYS FEES SOUGHT BY T
COUNTY ATTORNEY'S OFFICE UNDER SECTION 2-365 0
THE MONROE COUNTY CODE. I
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 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. 4 h DCA 2001); Leibowitz v. QV of
Miami Beach. 683 So.2d 204 (Fla. 3d DCA 1996); and Cif of Boca Raton v. Faith
Baptist Church, 423 So.2d 1021 (Fla. e DCA 1982); and
WHEREAS, since the Board last set the hourly rate for the County Attorney's
office in Resolution 135-2005 on April 20, 2005, the County has been forced by the
deteriorating condition of the Courthouse Annex building to relocate the County
Attorney's office from that County owned building to a commercial office building
which has resulted in an increase in the cost to operate the County Attorney's Office; and _
WHEREAS, it is appropriate to charge a premium rate for the services of
attorneys who have been certified by the Florida Bar as specialists in City, County, and
local government or some other area of law; and
WHEREAS, the Board finds that it has been presented with substantial,
competent evidence that the rate of two hundred fifty dollars ($250.00) 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 working in the County Attorney's Office; and the Board further finds that the
rate of three hundred dollars ($300.00) per hour falls within the rate of reasonable
attorney's fees charged by Board Certified attorneys who practice law in Monroe County;
i
Resolution 135-2005 is hereby rescinded effective the date this resolution
is adopted. Any worked performed prior to the date of adoption of this
resolution shall be billed at $200.00 per hour;
2. Except as provided in Paragraph 3, the hourly rate for attorney's fees
sought by the Office of the County Attorney for work performed after the
date of adoption of this resolution shall be two hundred fifty dollars
($250.00) per hour;
3. The hourly rate for attorney's fees sought by the Office of the County
Attorney shall be three hundred ($300.00) per hour if the staff attorney
performing the service is board certified by the Florida Bar at the time the
service is performed.
4. 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 16th day of January, A.D., 2008.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Mario Di Gennaro
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Dixie Spehar
(Seal)
ATTEST: DANNY KOBLAGE, CLERK
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
:•
Mayor Charles "Sonny" McCoy
MONHOE 00 NTY ATTORNEY
P RRM:
pSERT . S LL NGER, JR.
CHIEF ASSISTS Col NTY ATTORNEY
Bate:/. _.._..._ _.�
2
�.� ■ . -tea !. sx.., ! ..�� -.f� „r. �! 6
VNIEREAA Sectiori 2-365 of the Monroe County Code requires the B
to M by resolution the basic hourly rates for services rendered by the County
Attorney's office; and
attorneys
WHERVA County !y officeroutinelylitigate
R_: s� % rr s ��yi� �r� �'f r' i r •..`'^� ,ram
7be hourly rate for attomey's fees sought by the Office of the
County Attomey, in circumstances set forth in Section 2-WS 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
public "f
s ski ° Si? � -..1, :� � f �;'e /; y: s ' ca'. �' f:: •' s:' �'
E ,April AD., =5.
Mayor Dixie Spehar Yes
Mayor Charles "Sooty" McCoy Yes
Commissioner Murray Nelson Yes
Commissioner Neugent Yes
Commissioner Cavil Rice Yes
Mayor Dixie Spehar
DANNY K®HGE, CLERK
C: CA
f' Cf[-.
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C?r
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..n���
MONRDE COUNTY ATTORNEY
A9WOHN-
D AS TO FORM:
R. COL�.INS
NTY ATT RNEY
WGL "" r _
F1
Your Upper Keys Connection
I HE ]REPORTER
P.O. Box 1197 o Tavernier, Florida 33070-1197
(305) 852.3216 Fax: (305) 852-0199
x
April 18t and A ril gth 2005
Aiant further says that THE REPORTER
Is a newspaper published at Tavernier, in
said Monroe County, Florida, and that the
said newspaper has heretofore been
continuously published in the said
Monroe County, Florida, each week (on
Thursday), and has been entered as
second class mail matter at the Post
Office in Tavernier, in said County of
Monroe, Florida, for a period of one year
next preceding the first publication of the
attached copy of advertisement; and
afl'iant further says that she has neither
paid nor promised any firm, person, or
corporation any discount, rebate,
commission or refund for the purpose of
securing this advertisement for
publication in the said newspaper and that
The Reporter Is In full compliance with
Chapter 50 of the Florida State Statutes on
Legal and Official Advertisements. ,
AO# 2396tAttor-
ney's Fees
NOTICE OF INTENTION
TO CONSIDER
ADOPTION OF PRO- .
POSED RESOLUVOR
NOTICE IS HEREBY
GIVEN TO WHOM IT
MAYCONCERN thaton
Wednesday, ApHI Y0,
2005, at 3.001'Art at the
Harvey Government
Center, 1200 Truman
Avenue, Key West,
Monroe County, Flori-
da, the Board of County
Commissioners of Mon-
roe Goynty, Florida, in-
tends to consider tho
adoption of the following
proposed County Reso-
lution:
A RESOLUTION OF
THE BOARD OF COUN-
TY COMMISSIONERS
OF MONROE COUNTY,
FLORIDA SETTING
THE RATE FOR AT-
TORNEY'S FEES
SOUGHT BY THE
COUNTY ATTORNEY'S
OFFICE UNDER SEC.
T€OM 2-365 OF THE
MO€dROE COUNTY
CODE.
Purst,antrosr
286.0105. Florida
Statutes, notice is given
gulped men"
por ,h@w#I
lnneed a record of the pro-
ceedings, and that, for
such purpose, he may
need to ensure that a ver-
batim record of the. pro-
ceedings is made, which
record Includes the testi-
mony and evidenCO upon
which the appeal is to be
based.
Copies of the above-ral-
erenoodordinanceare
avaitablefor review atthe ,.
variouspubilclibrart. In , = r
Mon=[unty, Flo It--
Dated at Key West. Fkxt- ")• r
da, this 16th day of
March,2005. ESQ
DANNYL.KOLHA
Clerk of the Circuit art
and exotflctoC ofthe —+
Board ofCo cam- ,i
5mission� Mo '
Cau
{S
ubllgtr: 04At1f05 A
04108100
The Reporter
Tavernier. FL 33070
1-1
Before me personally appeared Shawn D. Smith 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 1998.
2. 1 recently had a private civil practice predominantly serving the Key West and
lower Keys community in Monroe County, Florida. I am presently employed as the city attorney
for the City of Key West and continue to engage in civil litigation matters and handle agreements
with outside litigation counsel retained by the City.
3. 1 am not employed by nor do I represent Monroe County in any capacity.
4. 1 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. 1 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 fifty dollars per hour ($250.00) is
well within the range of the prevailing rates charged by attorneys with similar experience, skill,
competence, and reputation who are practicing in Monroe County, Florida.
7. In my opinion, the hourly rate of two hundred fifty dollars per hour ($250.00)
would be a minimum reasonable rate to charge for legal services rendered by the Monroe County
Attorney's office.
8. In my opinion, the hourly rate of three hundred dollars per hour ($300.00) would
be a minimum reasonable rate to charge for legal services rendered by any attorney employed by
the County Attorney's Office who is Board Certified by the Florida Bar.
9. In my opinion, the hourly rate of one hundred dollars per hour ($100.00) is within
the range of the prevailing rates charged by attorneys for work performed by paralegals working
under their supervision within in Monroe County.
10. In my opinion, the hourly rate of one hundred dollars per hour ($100.00) would be
a reasonable rate to charge for work performed by a paralegal under the supervision of the
attorneys in the County Attorney's Office.
Affiant Further Sayeth Naught.
Dated this 26`" day of December 2007
hawn D. Smith
138754
The foregoing instrument was sworn to and acknowledged before me this 26th day of
December 2007 by Shawn D. Smith who is personally known to me.
aa�haYPv,�% CRELNURD Notary Public
MY COMMISSION 111711111
EXPIRES: OctOW3,20tt State of Florida
Boded ft UPI Nalatyso*s5
Before me personally appeared DAVID P. KIRWAN, 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 1973.
Florida.
2. 1 have a private civil practice predominantly serving in Marathon, Monroe County,
3. 1 am not employed by nor do I represent Monroe County in any capacity.
4. 1 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. 1 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 fifty dollars per hour ($250.00) is
within the range of the prevailing rates charged by attorneys with similar experience, skill,
competence, and reputation who are practicing in Monroe County, Florida.
7. In my opinion, the hourly rate of two hundred fifty dollars per hour ($250.00)
would be a reasonable rate to charge for legal services rendered by the Monroe County
Attorney's office.
8. In my opinion, the hourly rate of three hundred dollars per hour ($300.00) would
be a reasonable rate to charge for legal services rendered by any attorney employed by the
County Attorney's Office who is Board Certified by the Florida Bar.
9. In my opinion, the hourly rate of one hundred dollars per hour ($100.00) is within
the range of the prevailing rates charged by attorneys for work performed by paralegals working
under their supervision within in Monroe County.
10. In my opinion, the hourly rate of one hundred dollars per hour ($100.00) would be
a reasonable rate to charge for work performed by a paralegal under the supervision of the
attorneys in the County Attorney's Office.
Affiant Further Sayeth Naught.
Dated this 3rd day of January, 2008.
jbavid P. Kirwa
The foregoing instrument was sworn to and acknowledged before me this 3rd day of
January, 2008, who is personally known to me or produced ID.
wsf�bf1
DVy^iNp!
Jan 08 06 03: 19p John A J,abro, Esq. 305 852 0666 p. 2
Before me personally appeared JOIN A. JA,BRO, ESQUM, who
upon being duly sworn, affinned under the penalties of perjury that the
following facts are true:
L I ant 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 User
Keys community 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 Ievels of experience, skill, and
competence as well as the reputation of attorney's practicing in the Monroe
County Attorney's office.
5. 1 am familiar with the prevailing rates charged by local
attonicys with similar experience, shill, competence, and reputation.
6. ,In my opinion, the hourly rate of two hundred fifty dollars per
hour ($250.00) is within the range of the prevailing rates charged by
attorneys with similar experience, skill, competence, and reputation who are
practicing in Monroe County, Florida.
7. In my opinion, the hourly rate of two hundred fifty dollars per
hour ($250.00) would be a reasonable rate to charge for legal services
rendered by the Monroe County .A.ttorney's office.
S. In my opinion, the hourly rate of three hundred dollars per hour
($300.00) would be a reasonable rate to charge for legal services rendered by
any attorney employed by the County Attorney's Office who is Board
Certified by the Florida Bar.
9. In my opinion, the hourly rate of one hundred dollars per hour
($1 f}0 -00) is within the range of the prevailing rates charged by attorneys for
work performed by paralegals working under their supervision within in
Monroe County.
.fan 09 09 03: 19p John R Jabro, Esq, 305 952 0686 p, 3
10. In my opinion, the hourly rate of one hundred dollars per hour
($100,00) would be a reasonable rate to charge for work performed by a
paralegal under the supervision of the attorneys i1i the County Attorney's
0ffjce.
A,fflant Further Sayeth Naught.
Dated this th day of r 20,
he foregoing instrument was swore to and acknowledged before ine
this ay of s ,- , 2008, who i sozxall lc.�. n to me r
produced ID. -
rl rr ANGELA RYAN EA
` MY COMMISSION
E PIRES: APR 0% 2011 ptary ObAtic
Bonded through ist sWq InsurantE late of Florida
EALTORD G.
Before me personally appeared (name of the attorney), 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 1994.
have a private practice predominantly serving all of Monroe County, Florida.
am not employed by nor do I represent Monroe County in any capacity.
4. 1 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. 1 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 fifty dollars per hour ($250,00) is
within the range of the prevailing rates charged by attorneys with similar experience, skill,
competence, and reputation who are employed by Monroe County, Florida.
7. In my opinion, the hourly rate of two hundred fifty dollars per hour ($250.00)
would be a reasonable rate to charge for legal services rendered by the Monroe County
Attorney's office.
8. In my opinion, the )sourly rate of three hundred dollars per hour ($300.00) would
be a reasonable rate to charge for legal services rendered by any attorney employed by the
County Attorney's Office who is Board Certified by the Florida Bar.
9. In my opinion, the hourly rate of one hundred dollars per hour ($100.00) is within
the range of the prevailing rates charged by attorneys for work performed by paralegals working
under their supervision within Monroe County,
10. In my opinion, the hourly rate of one hundred dollars per hour ($100.00) would be
a reasonable rate to charge for work performed by a paralegal under the supervision of the
attorneys in the County Attorney's Office.
Affiant Further Sayeth Naught.
Dated this 3rd day of January, 2008.
STATE OF FLORIDA
9
Halford G. Schuhmacher
FBN: 004324
COUNTY OF MONROE }
SWORN TO AND SUBSCRIBED before me this da !2008, by
who is personally known to me has produced
j` as id i a ion.
Printed Name -
No ublic, State of Flor' a
TERESA l3Etr-K
My Commission Expires: NOTARY PUMA. STAT2 WFLORMA
COMMISSION 0 130513N
EXPIRES 412512€10
YM1 M11
STATE OF FLORIDA
COUNTY OF MONROE
Before me, the undersigned authority, personally appeared Nicholas W. Mulick, Esq., 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 in Florida since 1982.
2. 1 have a private civil practice predominantly serving the Upper and Middle Keys
community in Monroe County, Florida.
3. 1 am not employed by, nor do I represent, Monroe County in any capacity.
4. 1 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. 1 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 fifty dollars per hour ($250.00) is within
the range of (more likely, below) the prevailing rates charged by attorneys with similar experience, skill,
competence, and reputation who are practicing in Monroe County, Florida.
7. In my opinion, the hourly rate of two hundred fifty dollars per hour ($250.00) would be a
reasonable rate to charge for legal services rendered by the Monroe County Attorney's office.
8. In my opinion, the hourly rate of three hundred dollars per hour ($300.00) would be a
reasonable rate to charge for legal services rendered by any attorney employed by the County
Attorney's Office who is Board Certified by the Florida Bar.
9. In my opinion, the hourly rate of one hundred dollars per hour ($100.00) is within the
range of the prevailing rates charged by attorneys for work performed by paralegals working under their
supervision within in Monroe County,
10. In my opinion, the hourly rate of one hundred dollars per hour ($100.00) would be a
reasonable rate to charge for work performed by a paralegal under the supervision of the attorneys in
the County Attorney's Office.
Dated this C�� day of January, 2008.
FURTHER AFFIANT SAYETH NAUGHT.
ala . "Mulick, Esq.
FL Bar No. 337757
The foregoing instrument was sworn to and acknowledged before me this A44-day of
January, 2008, by Nicholas W. Mulick, Esq„ who is personally known to me.
No Public - Sta of Florida