Item O13 013
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
September 20, 2023
Agenda Item Number: 013
2023-1536
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger
N/A
AGENDA ITEM WORDING: Approval of an increased rate with the Division of Administrative
Hearings (DOAH) from $180 per hour to $200 per hour for administrative law judge services, effective
October 1, 2023, as provided by the contract and pursuant to F.S. 120.65.
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
government entity. Monroe County has contracted with 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 Plain Management Ordinance appeals,
Beneficial Use Determination hearings, Vested Rights hearings, and other matters assigned to DOAH
by the County. In 2019, the BOCC 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, 2023, from $180 per hour to $200 per hour.
PREVIOUS RELEVANT BOCC ACTION:
06/20/01 BOCC approved contract with the DOAH
02/21/07 BOCC approved contract with the DOAH
07/19/07 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
10/16/11 BOCC approved Second Amendment, to transfer Polycom video-conferencing equipment
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from DOAH to Monroe County in exchange for
the use of the County's Media and Conference Room(Marathon Government Center) in
Marathon, Florida
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
09/19/18 BOCC approved increase in contract rate from $151 per hour to $153 per hour, effective
10/01/18
10/01/19 Hourly rate unchanged, remaining at $153 per hour, effective 10/01/19
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
10/01/2020
09/15/21 BOCC approved a decrease in contract rate from $155 per hour to $150 per hour, effective
10/01/2021
10/19/22 BOCC approved an increase in contract rate from $150 per hour to $180 per hour, retroactive
to 10/01/2022
CONTRACT/AGREEMENT CHANGES:
Hourly rate raised from $180 to $200 per hour
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
8.29.23 DOAH Rate Increase Notice.pdf
DOAH Contract approved 12-11-2019.pdf
FINANCIAL IMPACT:
Effective Date: 10/01/2023
Expiration Date: 09/30/2024
Total Dollar Value of Contract: TBD
Total Cost to County: $200 per hour(effective 10/01/2023) and 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
Additional Details: 10/01/2023 148-50001 GROWTH MGMT ADMIN $200 Rate per hour
10/01/2023 148-6-500 CODE COMPLIANCE
$200.00
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Qi81O1V
9L oA STATE OF FLORIDA RONDESANTIS
* * DIVISION OF ADMINISTRATIVE HEARINGS GOVERNOR ASI
MOODY
OFFICE OF THE JUDGES OF COMPENSATION CLAIMS ATTORNEY GENERAL
JIMMY PATRONIS
CHIEF FINANCIAL OFFICER
WILTON SIMPSON
COMMISSIONER OF AGRICULTURE
August 29, 2023
Robert B. Shillinger, Jr.
Assistant County Attorney
Monroe County - Land Use Appeals
1111 12th Street Suite 408
Key West, Florida 33040
RE: Hourly Rate for DOAH Administrative Law Judge Service Contract
Dear Sir or Madam,
The Division of Administrative Hearings reviews its hourly rate for
Administrative Law Judge services on an annual basis based on a total-cost recovery
methodology. After review of the information, this year's rate will be $200.00 per hour.
This rate change will be effective October 1, 2023.
If you have questions or require additional information, please contact me at
(850) 404-5440 or email at brianenewmanAdoah.state.fl.us.
Sincerely,
Brian A. Newman
Director and Chief Judge
1 230 APALACHEE PARKWAY,TALLAHASSEE,FLORIDA 32399-3060
ADMINISTRAnVE LAW(850)488-9675' WWW.DOAH.STATE.FL.US 4024
JUDGES OF COMPENsAnON CLAIMS(850)487.1 91 1®WWW.FLJCC.ORG
THE DIVISION OF ADMINISTRATIVE HEARINGS AND MONROE COUNTY
ADMINISTRATIVE LAW JUDGE (HEARING OFFICER) SERVICES CONTRACT
This CONTRACT is between MONROE COUNTY, FLORIDA, 1100 Simonton Street,
Suite 205, Key West, Florida, 33040 (hereinafter"COUNTY") and the STATE OF FLORIDA,
DIVISION OF ADMINISTRATIVE HEARINGS (hereinafter"DOAH").
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
governmental 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 Monroe County Planning Commission; appeals of
decisions of the Historic Preservation Commission; appeals from administrative actions
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
other matters assigned to the DOAH by the COUNTY; and
WHEREAS, the Chief Judge for the Division of Administrative Hearings, has the
authority to enter into this agreement;
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 COUNTY. The
ALJs to be provided will be full-time judges employed by the State of Florida,
Division of Administrative Hearings. The ALJs to be provided are experts in the
adjudication of administrative disputes and such ALJs shall, where possible, be
persons familiar with cases involving the issues at hand. DOAH shall provide an ALJ
to hear the following types of cases:
a. Code compliance;
b. Appeals of decisions of the Monroe County Planning Commission;
c. Appeals of decisions of the Monroe County Historic Preservation
Commission;
d. Appeals from floodplain management variance denials;
e. Beneficial use and vested rights hearings; and
f. Any other matter assigned to the Special Magistrate by the County
Administrator or County Attorney.
2. Compensation. The fiscal year 2003-2004 General Appropriations Act, Chapter
2003-397, 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 DOAH for d
each hour actually worked, and subsequently, at the hourly rate determined 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.
3. Expenses. COUNTY agrees to pay the actual travel expenses of the assigned ALJ in
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.
4. Contract Manasernent. Administrative Services Director Lisa M. Mustain shall
provide contract management services under this Contract.
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. Request for Services. For Code Compliance matters, DOAH shall provide the same
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
Magistrate. In order to activate this agreement for all other types of matters, the
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.
7. Effective Date. This Contract will become effective on the date the last signature is
made.
8. Notices. All notices required or permitted by this Contract shall be in writing, and
shall be deemed to have been duly given if mailed first-class, certified postage
prepaid, addressed as follows:
MONROE COUNTY,FLORIDA:
Bob Shillinger,County Attorney
111 i 12a' Street
Suite#408
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is k' p
Key West, Florida 33040
(305) 292-3470
DOAH:
State of Florida, Division of Administrative Hearings
Attn: Lisa M. Mustain, Director of Administration
1230 Apalachee Parkway
Tallahassee, Florida 32399
(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 ALJ 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
DOAH or the ALJs it provides pursuant to this Contract hold an "appointive office,"
"appointive public office," "appointive public position," "appointive position,"
"elective office," "elective public office," "elective public position," or "elective
• Ys'.�' sition" as those terms are used in the Monroe County Code(s).
"•� 4 BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FL
KEVIN MADOK,CLERK
Isb,III By:
Deputy Clerk yor
STATE OF FLORIDA
DIVISION O ADM TRAT HEARINGS
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