HomeMy WebLinkAboutItem K03COUNTY of MONROE
The Florida Keys
BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Lincoln, District 2
Mayor Pro Tem David Rice, District 4
Craig Cates, District 1
James K. Scholl, District 3
Holly Merrill Raschein, District 5
Regular Meeting
March 11, 2026
Agenda Item Number: K3
26-0586
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: N/A STAFF CONTACT: Peter Morris
AGENDA ITEM WORDING: An attorney -client closed session in the case of F.E.B. Corp. v.
Monroe County BOCC, et al., DOAH Case No. 25-3915.
ITEM BACKGROUND: The County is currently in litigation in the matter of F.E.B. Corp. v. Monroe
County BOCC, et al., DOAH Case No. 25-3915. The County Attorney needs to discuss the current
status of the litigation and seeks Board direction regarding trial strategy and litigation expenditures.
Persons in attendance will include the County Commissioners, County Administrator Christine Hurley,
County Attorney Bob Shillinger, Assistant County Attorney Peter Morris, and a certified court reporter.
PREVIOUS RELEVANT BOCC ACTION: At the 01/28/26 BOCC meeting the County Attorney
requested that a closed session be held at the 02/18/26 BOCC meeting, regarding F.E.B. Corp. v.
Monroe County BOCC, et al., DOAH Case No. 25-3915. The Board granted the request. At the
02/18/2026 BOCC Meeting the Board continued the closed session to the 03/11/2026 BOCC Meeting
and public notice was given through public announcement of the meeting at the 02/18/2026 BOCC
Meeting and through publication of the 03/11/2026 regular meeting agenda on the County's website.
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION
DOCUMENTATION:
FEB Day of the Closed Session Script for 03-11-26.
FINANCIAL IMPACT: Court reporter costs.
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Mayor's Script for the Day of the Closed Session
The following should be read at the appropriate point during the day of the closed session.
1. Prior to going into closed session:
A closed attorney -client session pursuant to Section 286.011(8), Florida Statutes, will now be held.
It is estimated that this meeting will take approximately thirty (30) minutes. The persons attending
the meeting will be the County Commissioners, County Administrator Christine Hurley, County
Attorney Bob Shillinger, Assistant County Attorney Peter Morris, and a certified court reporter.
Since the law prohibits any other person from being present at the closed session, the
Commissioners, the County Administrator, the attorneys for the County, and the court reporter
will now remain in this meeting room, and all other persons are required to leave the room. When
the closed session is over, we will re -convene and re -open the public meeting. This public meeting
is now closed.
2. At the beginning of the closed session:
I now call this closed session to order. For the record, this meeting is being held upon the request
of the County Attorney, Bob Shillinger, who announced at a prior BOCC Meeting held on
O1/28/2026, that he needed advice in the matter of F.E.B. Corp. v. Monroe County BOCC, et al.,
DOAH Case No. 25-3915. At that meeting, the Board approved holding a closed session and
public notice was given through public announcement of the meeting at the 01/28/2026 BOCC
Meeting and through publication of the 02/18/2026 BOCC regular meeting agenda on the County's
website. At the 02/18/2026 BOCC Meeting the Board continued the closed session to the
03/11/2026 BOCC Meeting and public notice was given through public announcement of the
meeting at the 02/18/2026 BOCC Meeting and through publication of the 03/11/2026 regular
meeting agenda on the County's website.
For the record, and the benefit of the court reporter, each of us will state our name and
position, starting with the Commission.
(After all have identified themselves) — Thank you.
Just as a reminder, we will only be discussing settlement negotiations and strategy related
to litigation expenditures. We cannot take any decisive action at this meeting. We can only
provide information and direction to the attorneys. Any decisions this Board makes concerning
this case must be done in a meeting open to the public.
Let's start our discussion with the County Attorney.
3. At the end of the closed session, prior to going into open session:
This closed session is now terminated and we will now reconvene in the public meeting.
4. After the public session has been re -opened:
The attorney -client session has been terminated, and we are now re -opening this public
meeting.