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Home My WebLink AboutItem R4 COUNTY of MONROE BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln,District 2 The Florida Keys Mayor Pro Tem David Rice,District 4 a e� Craig Cates,District 1 e' Tames K. Scholl,District 3 � Holly Merrill Raschein,District 5 Regular Meeting January 28, 2026 Agenda Item Number: R4 26-0250 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: N/A STAFF CONTACT: Kelly Dugan AGENDA ITEM WORDING: Request for Closed Session in the case of Grodzinski v. Monroe County, 25-AP-14-K, at the February 18, 2026, meeting in Key West, Florida. ITEM BACKGROUND: The County is currently in litigation in the matter of Grodzinski v. Monroe County, 25-AP-14-K, an appeal of a Code Compliance Final Order. Persons in attendance will include the County Commissioners, County Administrator Christine Hurley, County Attorney Bob Shillinger, Assistant County Attorney Kelly Dugan, Assistant County Attorney Peter Morris, Assistant County Attorney Jessica Quiggle, and a certified court reporter. The requested closed session would be held at the 2/18/26 BOCC meeting in Key West, Florida at 9 am or as soon thereafter as may be heard. PREVIOUS RELEVANT BOCC ACTION: INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION DOCUMENTATION: FINANCIAL IMPACT: Court reporter costs. Request for Closed Session by County Attorney For the record,Bob Shillinger, in my capacity as County Attorney for the Board of County Commissioners of Monroe County. As you are aware,the County is currently in litigation in the matter of Grodzinski v.Monroe County, Case No. 24-AP-14-K. I need your advice concerning the litigation and request that you schedule a private meeting. The subject matter of this meeting will be confined to settlement negotiations and strategy sessions related to litigation expenditures. The persons to be in attendance at this closed meeting will be the County Commissioners, County Administrator Christine Hurley, County Attorney Bob Shillinger, Assistant County Attorneys Kelly Dugan, Peter Morris, and Jessica Quiggle, and a certified court reporter. By law, no other persons are permitted to be present at the meeting. It is estimated that the meeting will take approximately thirty (30) minutes. As required by law, the court reporter shall record the times of commencement and termination of the meeting, all discussions and proceedings, the names of all persons present at any time,and the names of all persons speaking. No portion of the meeting will be"off the record." The court reporter's notes will be fully transcribed, sealed, and then filed with Kevin Madok, as Clerk. The transcript shall be made part of the public record upon conclusion of the litigation. It is requested that you schedule the closed meeting of the Board to be held at the regular meeting scheduled for February 18, 2026, in Key West, Florida, at 9:00 a.m., or as soon thereafter as the matter may be heard. Liz Yongue From: Hunt-Kacey <Hunt-Kacey@MonroeCounty-FL.Gov> Sent: Tuesday, January 27, 2026 4:42 PM To: Liz Yongue Subject: FW: Urgent: Legal Concerns Regarding Beekeeping Enforcement & Upcoming BOCC Closed Session Follow Up Flag: Follow up Flag Status: Flagged Hi Liz, For the record, regarding agenda item number R4 (26-0250). Lacey Hunt, Executive Assistant Michelle Lincoln Mayor Monroe County, District 2 7280 Overseas Hwy, #2 Marathon, FL 33050 Courier Stop#14A (305) 292-4512 Monroe County, Florida "The Florida Keys" PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. From:John Grodzinski <john.unlimited@mac.com> Sent:Tuesday,January 27, 2026 4:36 PM To: Cates-Craig<Cates-Craig@ Mon roeCounty-FL.Gov>; BOCCDIS2<boccdis2@monroecounty-fl.gov>; BOCCDIS3 <BOCCDIS3@ Mon roeCounty-FL.Gov>; BOCCDIS4<BOCCDIS4@ Mon roeCounty-FL.Gov>; BOCCDIS5 <BOCCDIS5@ Mon roeCounty-FL.Gov> Cc: Dugan-Kelly<Dugan-Kelly@ Mon roeCounty-FL.Gov>; McPherson-Cynthia <McPherson-Cynthia@MonroeCounty- FL.Gov>; Proffitt-Maureen <Proffitt-Maureen@MonroeCounty-FL.Gov>; Petrick-Nicole<Petrick-Nicole@monroecounty- fl.gov>;John Grodzinski <john.unlimited@mac.com> Subject: Urgent: Legal Concerns Regarding Beekeeping Enforcement& Upcoming BOCC Closed Session Some people who received this message don't often get email from iohn.unlimited@mac.com.Learn why this is important 1 CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. January 27, 2026 Re: Case No. 25-AP-000014-K I Lower Tribunal Case No. PROP-MAY25-0029 Dear Commissioners, Monroe County's recent enforcement actions place the County in direct conflict with Florida's statewide statutory preemption over managed honeybee colonies under § 586.10, Florida Statutes — and I am concerned that the County Attorney's planned closed-session strategy may be aimed at avoiding judicial review rather than correcting a legal error. This appeal concerns an enforcement action where the County treated beekeeping as a prohibited land use under IS zoning. That position conflicts directly with the state's exclusive authority over the registration, inspection, placement, and management of managed honeybee colonies. This issue was raised repeatedly during the Code Enforcement proceedings, and the County Attorney's Office has been fully aware of the preemption concerns from the start. The County Attorney's motion requesting 45 additional days specifically tied the delay to scheduling a closed attorney—client session with the Board on February 18, 2026. The motion also suggested that I requested administrative review of the underlying case. I want to clarify that I did not. Any review I sought pertained solely to how the case was handled administratively—not the merits of the enforcement order itself and the letter itself was very clear in that matter. Now that the appeal has been docketed, the record is fixed. Any attempt to reconsider, withdraw, or resolve the enforcement order outside the appellate process raises serious concerns about transparency and the appearance of avoiding judicial review. This is not the first time the County has stepped back from a beekeeping enforcement action before an appellate ruling could be issued, and repeating that pattern would leave residents without clear guidance and raise public trust issues. This case presents a statewide legal question about the boundaries between local zoning authority and the exclusive regulatory jurisdiction of FDACS under § 586.10. Allowing 2 the appellate court to rule on the matter would provide clarity and certainty for residents, staff, policymakers, and the State of Florida. Withdrawing or altering the enforcement action now would only prolong uncertainty and create the appearance of retreating from a legally vulnerable position. I respectfully request that the Board consider the following before your closed session: 1. The significant statewide legal implications of the preemption issue, 2. The risk that withdrawing the case now may appear to be an attempt to avoid appellate review, 3. The benefit of allowing the court to issue a clear ruling on the limits of local authority; and 4. The importance of a transparent and consistent approach to enforcement that residents can rely on. Thank you for your time and attention. I am available to provide any documentation or clarification the Board may need prior to your deliberations. Respectfully, John M. Grodzinski (305) 304-1059 3