Item P01 PI
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
September 11, 2024
Agenda Item Number: P1
2023-2688
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292-3470
N/A
AGENDA ITEM WORDING: CAY Report for September 2024.
ITEM BACKGROUND:
Monthly report is attached.
PREVIOUS RELEVANT BOCC ACTION:
N/A
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A - Report.
DOCUMENTATION:
August Monthly Clai s.pdf
August All Open Clai s.pdf
CAY Report September 2024.pdf
FINANCIAL IMPACT:
N/A
Monthly Claims/incident report
As of 2024-08-23 1.0:08:1.4 Eastern Standard Tirne/EST-Generated by Jaclyn Flatt
Filtered By
Show:All claims/incidents
Incident Date equals THIS MONTH
Clalrn/lncldenIt.z Record Type Incident SubType DepartmenIt. Chinn/incident:Chinn/incident Number incident Date
Automobile Auto Liability Building 202408-1153 8/7/2024
Auto Physical Damage Tax Collector 202408-1157 8/16/2024
Liability General/Public Liability Library 202408-1158 8/21/2024
Property Property Damage Airport 202408-1150 8/6/2024
County Attorney 202408-1154 8/8/2024
Totall Count 5
Confidential Inform@tion-Do Not Distribute
Copyright(K)2000-2024 salesforce.com,inc.All rights reserved.
Open 0airns(Training)
As of 2024 08 23 10:09:59 Eastern Standard Time/EST-�Generated by Jac.I yn F I att
Filtered By
Show:All claims/incidents
Status equals Open,Re-open
Claint/hriddent:Record Type If cIdent Sub Type IP Clahn/incident:Clahn/incident Number Incident Date Department
Automobile Auto Liability 202312-1020 9/20/2023 Engineering/Roads&Bridges
202401-1050 1/6/2024 Corrections
202405-1102 9/25/2023 Facilities Maintenance
202407-1147 7/30/2024 Facilities Maintenance
202408-1153 8/7/2024 Building
202408-1156 7/18/2024 Engineering/Roads&Bridges
Subtotal Count 6
Auto Physical Damage 202211-0330 8/17/2021 Airport
202211-0334 9/12/2021 MCFR
202302-0851 2/7/2023 MCFR
202302-0861 2/24/2023 MCFR
202307-0920 7/7/2023 MCFR
202310-0999 9/22/2023 Social Services
202301-0828 1/9/2023 Facilities Maintenance
202301-0829 1/15/2023 MCFR
202309-0977 8/24/2023 Social Services
202309-0981 9/17/2023 MCFR
202310-1006 10/27/2023 MCFR
202311-1014 11/13/2023 MCFR
202312-1025 12/13/2023 Facilities Maintenance
202402-1057 2/20/2024 MCFR
202402-1060 2/22/2024 Information Technology
202404-1083 4/12/2024 Parks&Beaches
202405-1090 4/9/2024 Social Services
202405-1091 4/23/2024 Social Services
202405-1100 5/2/2024 MCFR
202406-1110 6/7/2024 Parks&Beaches
202407-1129 2/7/2024 Engineering/Roads&Bridges
202407-1130 7/15/2024 Information Technology
202407-1134 7/19/2024 County Administrator
202407-1135 7/16/2024 Social Services
202407-1137 7/16/2024 Library
202407-1138 7/25/2024 MCFR
202407-1143 7/26/2024 Facilities Maintenance
202407-1146 7/30/2024 Facilities Maintenance
202408-1148 7/31/2024 Solid Waste
202408-1149 10/26/2023 Facilities Maintenance
202408-1152 6/27/2024 Engineering/Roads&Bridges
202408-1157 8/16/2024 Tax Collector
Subtotal Count 32
General/Public Liability 202405-1104 5/17/2024 Library
Subtotal Count 1
Subtotal Count 39
Incident General/Public Liability 202406-1112 6/12/2024 Library
Subtotal Count 1
Property Damage 202406-1117 6/27/2024 Parks&Beaches
Subtotal Count 1
Subtotal Count 2
Liability Auto Liability 202305-0893 5/2/2023 Facilities Maintenance
202310-0994 9/28/2023
202301-0823 1/6/2023 Social Services
202301-0826 1/9/2023 Facilities Maintenance
202405-1094 4/23/2024 Social Services
202405-1096 4/23/2024 Parks&Beaches
202405-1097 4/9/2024 Social Services
Subtotal Count 7
Employment Practices Liability 202406-1116 3/26/2024 County Attorney
Subtotal Count 1
General/Public Liability 202211-0682 1/1/2017
202211-0734 11/25/2020 Risk
202211-0736 1/26/2021 Risk
202211-0739 4/12/2021 Planning&Enviromental
202211-0742 9/22/2021 Risk
202211-0744 10/13/2021 Parks&Beaches
202211-0745 2/18/2022
202211-0747 4/7/2022 Airport
202211-0748 4/26/2022 Parks&Beaches
202211-0749 5/4/2022 Airport
202211-0750 6/22/2022 MCFR
202211-0752 11/2/2022 Risk
202212-0814 12/23/2022 MCFR
202306-0913 6/24/2023 MCFR
202307-0928 6/17/2023 Airport
202308-0940 12/7/2022 Airport
202311-1010 11/8/2023 Library
202312-1024 12/11/2023 Library
202401-1051 1/22/2024 Library
202402-1062 2/23/2024 Library
202402-1064 2/28/2024 Library
202402-1065 2/28/2024 Library
202405-1103 6/1/2023 Parks&Beaches
202406-1113 5/18/2024 Parks&Beaches
202407-1120 7/8/2024 Parks&Beaches
202407-1122 12/29/2023 Engineering/Roads&Bridges
202407-1123 7/9/2024 Library
202407-1125 2/7/2023 Engineering/Roads&Bridges
202407-1139 7/17/2024 Parks&Beaches
Subtotal Count 29
Subtotal Count 37
Property Property Damage 202301-0839 1/25/2023 MCFR
202211-0502 1/25/2022 Monroe County Fire Rescue
202211-0530 11/3/2022 Library
202211-0575 8/7/2022 MCFR
202302-0849 1/4/2023 Facilities Maintenance
202303-0862 3/2/2023 Facilities Maintenance
202303-0864 3/5/2023 MCFR
202305-0897 5/10/2023 Parks&Beaches
202305-0898 5/11/2023 Parks&Beaches
202305-0899 4/9/2023 Parks&Beaches
202306-0907 6/2/2023 MCFR
202306-0908 5/9/2023 Parks&Beaches
202306-0909 6/1/2023 Parks&Beaches
202306-0910 5/3/2023 Parks&Beaches
202307-0918 12/14/2022 Facilities Maintenance
202307-0919 7/6/2023 Parks&Beaches
202309-0993 9/30/2023 MCFR
202310-1001 10/21/2023 Airport
202311-1013 11/11/2023 MCFR
202311-1015 11/21/2023 Engineering/Roads&Bridges
202312-1021 11/15/2023 Risk
202312-1027 10/26/2023 Library
202312-1030 12/19/2023 MCFR
202401-1052 1/6/2024 Corrections
202402-1056 8/27/2023 Risk
202402-1061 2/22/2024 Parks&Beaches
202403-1078 10/26/2023 Facilities Maintenance
202404-1082 10/26/2023 Facilities Maintenance
202404-1088 4/23/2024 Parks&Beaches
202405-1099 3/20/2024 Clerk
202405-1101 4/25/2024 Parks&Beaches
202405-1105 12/7/2023 Parks&Beaches
202407-1127 7/10/2024 Solid Waste
202407-1132 7/4/2024 Parks&Beaches
202407-1133 6/12/2024 Library
202407-1144 7/29/2024 Library
202407-1145 7/29/2024 Library
202408-1150 8/6/2024 Airport
202408-1151 6/27/2024 Engineering/Roads&Bridges
202408-1154 8/8/2024 County Attorney
202408-1155 6/10/2024 Engineering/Roads&Bridges
Subtotal Count 41
Subtotal Count 41
Total Count 119
Confidential Inforrnat:ion-Do Not:Distribute
Copyright CO 2000-2024 salesforc.e.c.orn,inc..All rights reserved.
CoLirity �� Monroe � W BOARD OF COUNTY COMMISSIONERS
�� ��� Mayor Holly Merrill Raschein District 5
'r Mayor Pro Tern Holly James K.Scholl,District 3
The Flofida Keys � � Craig Cates,District I
Michelle Lincoln,District 2
David Rice,District 4
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,Senior Assistant County Attorney** Key West,EL 33040
Christine Lhnbert-Barrows,Assistant County Attorney** Phone(305)292-3470
Derek V.Howard,Senior Assistant County Attorney** Fax (305)292-3516
Peter H.Morris,Assistant County Attorney**
Patricia Fables,Assistant County Attorney
Joseph X.DiNovo,Assistant County Attorney*
Kelly M.Dugan,Assistant County Attorney
Nathalia Archer,Assistant County Attorney
Anjelica N.Harden-Ivanoski,Assistant County Attorney
Eve M.Lewis,Assistant County Attorney**
**Board Certified in City,County&Local Goverrinent Law
To: Mayor & Commissioners
From: Bob Shillinger, County Attorney
Date: August 27, 2024
Re: September 2024 County Attorney Report
Closed Sessions at the September meeting:
1. 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.
County counterclaim against 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, appointment of a receiver, and declaratory relief to
determine whether the owner or tenants are responsible for the code violations.
2. In re: Michael Joseph McMahon and Sergei Nikoshchenkov, U.S. Bankruptcy Ct.
S. Dist. Fla. Case No. 23-1154-RAM. Monroe County is a secured creditor in this
Chapter 13 bankruptcy case, with a claim for $255,047 in unpaid tourist
development and tourist impact taxes.
3. 2014 Janice Vincent Family Trust, et al. v. Monroe County, 24-CA-332-K. Plaintiffs
are property owners adjacent to a portion of Bay Drive north of Sunset Road in Key
Largo (the "Property") who sued for a declaration that the County has abandoned
its easement in the Property, and for an order quieting title to the Property in the
plaintiffs. The case involves access to Bay Drive in the Sunset Point and Bay
Harbor subdivisions in the Upper Keys.
4. Martin v. Monroe County, Case No. 24-CA-517-P (filed 5/28/24): Property owner
sued for declaratory and injunctive relief, alleging that the Building Department
improperly closed his building permit despite the fact that times were tolled as a
result of State E.O. 22-2018 (Hurricane Ian), extended by E.O. 24-80.
1
Cases of Interest at Trial Court Level
5. F.E.B. Corp. v. Monroe County & FDEP, DEP OGC case no.: 24-1615 (DEP Permit
No. 44-0137939-029-EG). Petitioner F.E.B. Corp., which lost its disputed claim of
ownership of Wisteria Island in Federal Court, challenges FDEP's permit to the
County that establishes a public mooring field at Man of War Harbour in Key West.
FDEP has yet to refer the matter to the Division of Administrative Hearings (DOAH).
6. Rafael A. Bezanilla v. Monroe County, Florida, 24-CA-26-P. Property owners seek
declaratory judgment regarding a request to amend the Tier Maps of a property in
Key Largo. The BOCC held a closed session on 8/21/24.
7. Massacci, et al. v. Monroe County, et al., Case No. 24-CA-566-K (filed 6/16/24).
Personal injury lawsuit by the personal representative of the estate of Kirk
Weidericht against the County, FDOT, Big Pine Academy and Rubi Metass for the
injuries and subsequent death of Mr. Weidericht who was riding his motorcycle on
or near Dear Run Trail when he was struck by the driver (Metass). The County
has answered. FDOT's motion to dismiss is scheduled to be heard on 9/9/24.
8. Cayo Hueso Investments, Inc. v. Monroe County, DOAH Case 24-2250-GM. Cayo
Hueso, an adjacent property owner, filed a petition challenging the County's
amendments of Future Land Use Map and Comprehensive Plan in order to allow
shoreside facilities for a proposed mooring field in Boca Chica Harbor and for
zoning changes. A final hearing has been set for 10/30/24.
9. Mitchell Kukulski v. Biltmore Construction and Monroe County, 24-CA-302-P.
Plaintiffs alleges that he was injured when he tripped and fell in one of the medians
in the parking lot outside the Plantation Key courthouse. The courthouse was
under construction at the time. The County filed an answer and a cross-complaint
for indemnification against the contractor Biltmore Construction. Depositions are
scheduled for 9/17/24 & 10/8/24.
10. John Behmke et al. v. Monroe County, 24-CA-94-K. Plaintiffs are/were property
owners in the Coral Hammock community, sued for inverse condemnation alleging
that they rented their attached dwellings for many years with the County's knowledge
until 2016, when code compliance cited them. Plaintiffs assert that they were denied
the beneficial use of their properties until November 2023, when the Third DCA
affirmed a decision of the Circuit Court reversing orders of the code compliance
special magistrate finding the properties in violation. Plaintiffs seek lost rental
income, code enforcement fines paid and diminished value of property. Plaintiffs
filed a motion to amend the complaint on 7/30/24. The County will refile an updated
motion to dismiss.
11. Monroe County v. Sugarloaf VFD, Inc. & Sugarloaf Wi-Fi, Inc., 17-CA-631-K. The
parties have settled the litigation. As part of the settlement, the SVFD has conveyed
the station property to the County to build a new fire station and Wi-Fi will be
permitted to erect a cell tower on the property. This case is now closed.
2
12. Peter & Olivia Poto v. Monroe County/Monroe County v. Jane Gilbert Trust, 22-CA-
709-K, quiet title and specific performance action by buyers of a property where
seller had sold development rights to one lot and entered into a unity of title as part
of the County's Less than Fee program. The County answered and filed a
counterclaim against the Potos and a cross-claim against the seller, Jane Gilbert.
Depositions have not been rescheduled but the parties are still working to resolve
this matter. The Plaintiff has proposed new settlement options currently under
discussion.
13. Burkhardt v. Monroe County, 22-CA-293-K. Plaintiff sued seeking to declare
whether Plaintiff has a right to engage in commercial fishing uses on his Big Pine
Key property. The complaint also sought to invalidate the Habitat Conservation Plan
and Incidental Take Permit issued by USFWSDiscovery, including depositions of
Plaintiff and the Senior Director of Planning, has been completed and the County
will be filing a motion for summary judgment.
14. Jay Archbell PA v. Buirley, Monroe County, et al., 23-CA-108-K. The County
previously settled its claim against Jay Archbell, PA (the property owner) for a
reduced amount of code liens. The property (3 El Monte Lane, Big Coppitt) appears
to have some owners outside the chain of title. Archbell then sued prior owners
Kenneth and Anita Lynn Buirley, the County, and others, to quiet title.
15. Maschal et al. v. Monroe County and FKAA, 19-CA-186-K. Suit by 12 individuals
seeking similar relief to the Delaney lawsuit, which the County and FKAA won. The
Court dismissed the case on 4/4/22 but the Third DCA remanded the case with
instructions to allow Plaintiffs to file one single amended complaint. Plaintiffs filed
theirAmended Complaint on 8/17/23. The County and FKAAfiled answers on 9/1/23
and a joint Counterclaim for injunctive relief, compelling the property owner plaintiffs
to connect to the wastewater system. Plaintiffs' motion for summary judgment was
heard on 4/2/24, at which time the Court indicated that it wished for the motion to be
heard at the same time as the Defendants' motion for summary judgment.
Defendants filed their motion for summary judgment on 5/6/24 and intends to set the
motion for hearing shortly. A status conference will be held on 9/3/24.
Appellate Cases of Interest
16. Navarro v. FKSCPA, 23-CO-1 531-A-K, 3D23-2026. Owner filed appeal from Animal
Control violation case finding her that she permitted her dog to run at large, resulting
in citation and fine. Briefing is complete.
17. Seven Eight Investments, LLC v. Monroe County, 24-AP-009-K, 24-AP-010-K.
Property owners appealed from the Code Compliance Special Magistrate's final
orders finding them in violation of the Code for failure to obtain a conditional use
permit and for illegal accessory use of the property (storage and pool) without a
principal use following demolition of the residence. Briefing is complete.
3
18. 601 Cuda Properties, LLC v. Monroe County & SFWMD, Case No. 3D24-118 (L.T.
Case No. 2023-066-DAO-ERP). 601 Cuda Properties, LLC, appealed from a
SFWMD Order dismissing 601 Cuda's petition for a formal administrative on the
grounds that the petition was untimely. 601 Cuda's petition opposed the issuance
of an Environmental Resource Permit to the County, authorizing the use of sovereign
submerged lands to repair the Rock Harbor Breakwater and install an air bubble
curtain and seaweed gate. Briefing complete. Awaiting a decision of the Third DCA.
19. Pirates Saving Paradise, Inc. v. Little Palm Dolphin Resort Development, LLC and
Monroe County Planning Commission (DOAH Case 24-00124). Property owners
appeal from Planning Commission Resolution No. P412-23, which approved Little
Palm Dolphin Resort Development's request for a major conditional use permit
related to the construction of a 38-unit hotel resort with eight (8) affordable housing
units. On 7/30/24 DOAH issued a Final Order that rejected all of the issues raised
by Appellants and affirmed in favor of the County in all respects. Petitioners filed
a Motion for Rehearing on 8/14/24. The County filed a Motion to Strike the
Motion for Rehearing on 8/23/24.
20. Shands v. City of Marathon, 3D21-1987. This is a long running takings case
involving an offshore island located within the City of Marathon. On 5/3/23, the Third
DCA reversed a trial court decision in favor of the City and, in doing so, created a
new hybrid species of inverse condemnation claim that, if left unchecked, could have
dire consequences for the growth management policies governing the Florida Keys
Areas of Critical State Concern. On 6/2/23, the County and the Village of Islamorada
filed an amicus brief in support of Marathon's Motion for Rehearing, Rehearing en
banc, and for Certification to the Florida Supreme Court. The City's motion for
rehearing remains pending.
21. Sunset Gardens Estate Land Trust v. Monroe County, 19-CA-460-P, 3D23-1368.
Property owner sued claiming that various state laws including the Right to Farm
Act, preempt the County's land development regulations. The County filed a
counterclaim. On 7/11/23, the Court entered judgment for the Plaintiffs. The County
appealed to the Third DCA. Briefing was completed on 5/29/24. On 7/11/24 the
Court granted the County's Motion to Supplement the Record with documentation
that the Property Appraiser has reclassified the property as "vacant residential."
Oral argument is scheduled for 10/1/24 at 9:30 A.M.
22. Denise Joy Snyder Living Trust v. Monroe County, 24-AP-003-K. Owner filed an
appeal of the Code Compliance Special Magistrate's final order finding them in
violation of the code for unpermitted land clearing and imposing fines and restoration
requirements. Briefing is complete. The Court denied the County's motion for
assignment of a three judge panel.
4
Class Action Lawsuits where Monroe County is a Party
23. Monroe County v. 3M, et al., 22-CA-618-K/2:22-cv-03680-RMG, consolidated into
2:18-mn-02873-RMG: On 9/9/2022, Monroe County filed suit against manufacturers
of aqueous film-forming foam (AFFF) containing per-and polyfluoroalkyl substances
(PFAS) to recover damages for investigation, remediation, removal, disposal,
treatment and monitoring of water and soil created by defendants' products. PFAS
had been detected at the Monroe County Fire Training Academy on Grassy Key. On
10/7/22, defendants removed the case to the U.S. District Court for the Southern
District of Florida. On 10/26/22, the County's case was transferred and consolidated
with other similar cases in the Multi District Litigation (MDL) case pending in the
District of South Carolina before Hon. Richard M. Gergel.
Constitutional Officer Cases
24. The Supervisor of Elections, Joyce Griffin, is currently involved in several litigation
matters in which she has been previously served and/or has received notice of other
cases which have been filed but not yet been served on her. The cases challenge
various Florida Statutes regarding election legislation and voter registration. Griffin
and other SOEs retained outside counsel, but the County Attorney's office is
assisting in the defense of each case. Current pending matters are as follows with
the cases being at various stages of litigation:
A) League of Women Voters of FL v. Sec'y of State Lee, Joyce Griffin, et al,
4-21-cv-001 86; USDC/NDFL, 11th Cir. Ct. App. Case No. 22-11143. Above
case consolidated with NAACP of FL v. Sec'y of State Lee, Joyce Griffin, et
al, 4-21-cv-001 87, USDC/NDFL, 11th Cir. Ct. App. Case No. 22-1114;
Florida Rising Together, v. Sec'y of State Lee, Joyce Griffin, et al, 4-21-cv-
201, USDC/NDFL, 11th Cir. Ct. App. Case No. 22-11143; and Harriet
Tubman Freedom Fighters, et al v. Laurel M. Lee, et al, No. 4:21-cv-00-242-
MW-MAF, 11th Cir. Ct. App. 22-11133. Following an appeal to the Eleventh
Circuit, these cases were remanded to the District Court (Chief Judge
Walker), who issued a Final Order on Remand (on 2/8/24) that the drop-box
restrictions and registration-delivery requirements in SIB 90 were not
unconstitutional, because they did not unduly burden the right to vote. The
case is essentially finished, other than motions for attorneys' fees and costs.
B) Vote.org v. Byrd, Joyce Griffin, et al, No. 4:23-cv-00111 (N.D. Fla.); 11t" Cir.
Ct. App. Case No. 23-13727.
C) NAACP v. Byrd, Joyce Griffin, et al, No. 23-cv-215 (N. D. Fla.)/11th Cir. Ct.
App. Case No. 23-12308. A two-week bench trial began 4/1/24. Seven (7)
days were held, but then the trial court granted leave for Plaintiffs to file their
Fourth Amended Complaint. All defendants answered by 4/29/24. The case
is essentially finished, other than a determination of the amount of attorney's
fees that plaintiff may recover from the State defendants, but not the
Supervisors.
D) Florida Rights Restoration Coalition v. DeSantis, Joyce Griffin, et al., No.
1:23-cv-22688 (S.D. Fla.). Plaintiffs have dismissed this action.
5
Foreclosure Actions
25. The County Attorney's Office is currently prosecuting a total of 29 cases to foreclose
or otherwise enforce on County code compliance liens. The Office is also currently
defending 4 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
26. Code Collections. Due to the early meeting date, collections data will be
provided in October for both August and September.
27. Vacation Rental Prosecutions. Due to the early meeting date in September,
information from the August Code Compliance hearings will be provided in October
along with September's information.
Risk Management
28. Risk Management activity and policy renewals in August 2024:
Agenda items approved: 82
Insurance policies: 1
Flood policies renewed: 3
Public Records
29. Public records activity in August 2024-
Moniroe C',miriity, IPlugbf c IRe coi-ds IPeil-foil-il-nance IReport
August 1, to Augulst 31, ?0:2::4:: All Departments,
235 Requests Received
227 ReoUests,Closed
2 Day(s)to FulfiHment
(Median days required to fulfiIII request in reporfing Period)
The,County Atto r ney's Office fulfil'Ile,d 150 of the,
received requests. Below is,a breakdown of requests processed by each department
(NOTE:some requests heave moire than,one depairtment aissigned thus the number can add up to more
than,235 or 227)
Buil'ding New 65 Closed 66
Code Coimphance New 36 Closed 32
County Attorney New 92 Closed 92
County Attorney(Buildmg Requests) New 66 Closed 68
Planinkig New 20 Closed 17
MCFIR New 9 Closed 11
OMB New 2 Closed A
HIR New 5 Closed 2