Item P14 P14
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: P14
2023-3008
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 $200 per hour to $207 per hour for administrative law judge services, effective
October 1, 2024, 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, 2024, from $200 per hour to $207 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
from DOAH to
Monroe County in exchange for the use of the County's Media & 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
09/16/20 BOCC approved increase in contract rate from $153 per hour to $155 per hour, effective
10/01/20
09/15/21 BOCC approved a decrease in contract rate from $155 per hour to $150 per hour, effective
10/01/21
10/19/22 BOCC approved an increase in contract rate from $150 per hour to $180 per hour, retroactive
to
10/01/2022
09/20/23 BOCC approved an increase in contract rate from $180.00 per hour to $200 per hour,
effective 10/01/23
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
Hourly rate raised from $200 per hour to $207 per hour
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
DOAH Notice of Hourly Increase.pdf
3. 12_11_2019 Agreement.pdf
FINANCIAL IMPACT:
Effective Date: 10/01/2024
Expiration Date: 09/30/2025
Total Dollar Value of Contract: TBD
Total Cost to County: $207 per hour(effective 10/01/2024) 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: 10/01/2024 148-50001 GROWTH MGMT ADMIN $207 Rate per hour
10/01/2024 148-6-500 CODE COMPLIANCE $207 Rate per hour
STATE OF FLORIDA RON DESANTIS
GOVERNOR
DivisioN OF ADmim]STRATivjE HEARINGS ASHLEY MOODY
ArToRNEY GENERAL
JIMMY PATRONIS
CHIEF FINANC AL,OFFICER
WILTON SIMPSON
COMMISSIONER OF AGRICULTURE
Iva
August 23, 2024
,J
J CU111
Robert B. Shillinger,Jr.
Assistant County Attorney
Monroe County- Land Use Appeals
1111 12th Street Suite 408
Key West, Florida 3 3040
RE: Hourly Rate for DOAH Administrative Law Judge Service Contract
Dear it 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 $207.00 per our.
This rate change will be effective October 1, 2024.
If you have questions or require additional information, please contact me at
(850) 404-5432 ore ail at
Sincerely,
Patricia Kenyon
Operations Manager
1230 APALAcKEE PARKWAY T_dkL1_)%J,1ASS1;;:'E,R or;hDA 32301-3060
AOMINISTMAMVE LAVW(850)488-19675
JUDGES Or COMPEII4SM,'00NI CLAIMS(850)460-191 1"WVPN.1;:`UCC,0RG
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. Scone 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
Page 1 of 3
first day of October of that same year. COUNTY agrees to compensate DOAH for
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 Management. 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
1111 12th Street
Suite#408
Page 2 of 3
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,
p' 1t);e ee
' lective office," "elective public office," "elective public position," "elective
elective
osition" as those terms are used in the Monroe County Code(s).
� c��it�°€1f o,� BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FL
KEVIN MADOK, CLERK
By: By:
Deputy Clerk ayor
STATE OF FLORIDA
DIVISION O ADMIN TRATI HEARINGS
BY""'
A9Date:
Lisa M. ustai
Director of Administration
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AAONROE COUNTY ATTORNEY+ T,
APPROVED TO FOR �
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