HomeMy WebLinkAboutItem O01COUNTY 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: 01
26-0572
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: N/A STAFF CONTACT: Jessica Quiggle
AGENDA ITEM WORDING: County Attorney Report for March 2026.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION
DOCUMENTATION:
FINANCIAL IMPACT:
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:
a�
County of Monroe
The Florida Keys
�f
Robert B. Shillinger, Jr., County Attorney
Pedro J. Mercado, Chief Assistant County Attorney**
Christine Limbert-Barrows, Sr. Assistant County Attorney**
Derek V. Howard, Sr. Assistant County Attorney**
Peter H. Morris, Assistant County Attorney **
Patricia Fables, Assistant County Attorney
Joseph X. DiNovo, Assistant County Attorney**
Kelly Dugan, Assistant County Attorney
Eve M. Lewis, Assistant County Attorney**
Gaelan P. Jones, Assistant County Attorney
Jeni-Lee MacLaughlin, Assistant County Attorney
Ana Walter, Assistant County Attorney
Donald Townsend, Jr., Assistant County Attorney
Jessica Quiggle, Assistant County Attorney++
** Board Certified in City, County & Local Govt. Law
++ Board Certified in State & Federal Govt. & Administrative Practice
To: Mayor & Commissioners
From: Bob Shillinger, County Attorney
Date: February 26, 2026
Re: March 2026 Litigation Report
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
Office of the County Attorney
1111 12' Street, Suite 408
Key West, FL 33040
(305) 292-3470 Office
(305) 292-3516 Fax
Closed Sessions This Month
Roy's Trailer Park, Inc. et al. v. Monroe County, 19CA175K/3D25-2497. Declaratory
Judgment suit filed by Roy's against County as part of its eviction suit against its tenants.
County counterclaim against the park and the park residents, seeking an injunction
prohibiting occupancy at the park until serious fire & 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. The Court granted Roy's and
Tenants' Motion to Dismiss for lack of subject matter jurisdiction. The County appealed
that dismissal to the Third DCA. The County filed its Initial Brief on 2123/26.
F.E.B. Corp. (F.E.B.) v. Monroe County & FDEP, DEP OGC Case No.: 24-1615 (DEP
Permit No. 44-0137939-029-EG), DOAH Case No.: 25-3915. F.E.B. challenged the
County's FDEP permit to establish a public mooring field at Man of War Harbor. On
11/19/25, 3 new entities (Parcel L Development Corp., Sunset Key Transportation Corp.,
and Sunset Key Restaurant Corp.) filed a Motion requesting to intervene in the case. On
1/9/26, DOAH denied the County's Motion to Strike/Dismiss the amended petition.
F.E.B.'s motion to disqualify the County's outside counsel is set for 3/30-3/31/26.
Monroe County v. Bernard Seidling and Jay Hall as Trustee of Jay Hall Irrevocable Trust,
23-CA-249-M; In re: Bernard C. Seidling, Case No. 22-11191-rmb; Block v. Regions Bank
d/b/a Regions Mortgage et. al., 1-25-00004-rmb; Code Compliance Case CE20010126.
These cases are related due to Bernard Seidling's ownership of property in Monroe
County in various capacities. One such property is the subject of Code Compliance Case
CE20010126, and 23-CA-249-M which was filed to enforce the County's lien.
Trial Court Cases of Interest
Monroe County v. NGM Insurance Company, 25-CA-538-M. On 5/9/25, the County sued
NGM for breach of a performance bond relating to the Seaview Bridge Project in Duck
Key. The County is seeking damages, including but not limited to the cost of completing
the project, additional financing costs, and liquidated damages. Discovery is ongoing.
Motions are set forth for hearing on 3/4/26. Mediation scheduled for 3/10/26. Trial is
tentatively set for 3/16/26.
2. Garcia Jr., Pablo v. Monroe County BOCC, American Sports Federation, LLC (ASF), 24-
CA-32-P. On 6/1/23, Plaintiff was allegedly injured during a softball game hosted by
Defendant ASF. ASF was operating under an approved Use of Property with hold
harmless agreement but failed to maintain appropriate insurance coverage for the event,
so the County's demand for defense and indemnity was denied by both ASF and their
insurance carrier. On 2/20/26, the Court granted the County's motion to amend to
add crossclaims against ASF.
3. Tammy Stiles v. Monroe County, 25-CA-998-K. Plaintiff, an airline ground crew
employee, sued the County regarding injuries allegedly sustained in a golf cart crash at
Key West Airport on 12/7/22. Defense for claim was assumed by liability insurance.
Answer filed 10/28/25. County's responses to Plaintiff discovery requests filed 12/17/25.
Plaintiff's responses to County discovery requests filed 1 /16/25.
4. Stacey Mitchell v. Monroe County et al, 24-CA-890-K. Plaintiff sued the County, BOCC,
TDC, and 3406 N. Roosevelt Blvd. Corp. alleging Whistleblower violations. After the
Court dismissed the Plaintiff's original complaint, the Plaintiff filed her amended
Complaint on 10/13/25, adding 2 defendants to the claim. The Court granted the
Defendants' motions to dismiss on 2/2/26; Plaintiff has 30 days to file a second amended
complaint.
5. Billy Sunday Jones v. Monroe County, 25-CA-785-P. Complaint filed 7/16/25 arises from
code compliance case finding owner in violation for unpermitted work on residential
property. Owner's action is for declaratory relief and inverse condemnation over the
affected property. On 1/7/25, the court entered an order granting the County's motion to
dismiss as to both counts, with prejudice. On 2/3/26, plaintiff filed a Notice of Appeal
of the Order granting the County's motion to dismiss.
6. Perla DeMiller v. Monroe County, 25-CA-849-K. Auto Liability case related to a rear -end
accident involving a County vehicle from July 2024. Plaintiff sued on 7/24/25; the County
answered on 10/10/25. Discovery is ongoing.
7. John Behmke et al. v. Monroe County, 24-CA-94-K. Plaintiffs are/were property owners
in Coral Hammock and allege inverse condemnation based on their inability to conduct
vacation rentals beginning in 2016, when code compliance cited them for renting in a land
use district that prohibited vacation rentals (the Third DCA affirmed a decision of the
Circuit Court finding the Mixed -Use District does not prohibit vacation rentals of attached
units and reversing orders of the code compliance special magistrate finding the
properties in violation). Plaintiffs seek compensation for takings, as well as lost rental
income and other financial damages. Discovery is ongoing.
8. In re: Silver Airways LLC, US Bankruptcy Court, S.D. Fla., 24-23623, Chapter 11 petition
for reorganization filed by Silver. County Attorney's Office is assisting outside counsel.
Auction of Silver's assets took place 5/28/25. On 7/24/25, the court granted the Chapter
11 Trustee's motion and entered an order converting the case to Chapter 7 proceedings.
At the 2/12/26 status conference the trustee reported to the court that there is a $15
million policy for Director and Officer liability claims that could be used to satisfy
creditor claims and that the trustee has made a formal demand against the policies
for payment to the insurer. In order to give time for these efforts to continue, the
court set another status conference on administrative expense claims for 8/13/26.
9. BOCC v. SGC Land Trust 2/12/2020, Sunset Gardens Farm, LLC, & FMC Mqmt. Inc.,
25-CA-151-P. On 2/7/25, the County sued for declaratory and injunctive relief against
the operators of an alleged farm on illegally landcleared property. The County is seeking
a declaration that the farm is in violation of over 12 ordinances, Comp. Plan policies, and
statutes and seeks to enjoin those violations and demand corrective action. On 11 /4/25
the Court heard the Property Appraiser's Motion to Dismiss and SGC Land Trust et al.'s
Motion for Leave to Amend. At the 11/4/25 hearing the Court stated its intent to grant the
Property Appraiser's Motion to Dismiss and to grant SGC Land Trust et al.'s Motion for
Leave to Amend. The Court issued its Order granting SGC Land Trust et al.'s Motion for
Leave to Amend on 11 /24/25. On 12/12/25 the Court heard SGC Land Trust et al.'s
summary judgment motion and stated its intent to deny it. The Court has not yet issued
its Order granting the Property Appraiser's Motion to Dismiss. The Court has also not yet
issued its Order denying SGC Land Trust et al.'s summary judgment motion. The parties
are also awaiting the Court's issuance of an Order on the County's motion for preliminary
injunction. Trial is currently scheduled for 4/20/26 - 4/24/26.
10. BOCC v. Sunset Garden Estate Land Trust 2/10/2014, et al., 25-CA-738-P. On 7/1/25,
the County sued for declaratory and injunctive relief against the defendants, who have
illegally cleared land and engaged in illegal construction and various illegal uses on the
property. The County is seeking a declaration that the owners are in violation of over 12
ordinances, Comp. Plan policies, and statutes and seeks to enjoin those violations and
demand corrective action. On 1/9/26, the County dismissed 3 of the 4 DFs.
11. Galleon Bay v. Monroe County, 02-CA-595-K. On 7/21/25, Galleon Bay filed a motion
for summary judgment alleging the Clerk miscalculated the interest on the judgment paid
by the County and State and seeking to collect the additional amount. The County filed
its response on 8/26/25.
12. Monroe County v. Phoenix Holdings, 22-CA-324-P. Suit stemming from code compliance
case, which Monroe County has filed to enforce its lien and compliance. On 11/6/25, the
Court granted the County's summary judgment motion; final judgment is pending.
13. Farzan Home Designs v. Monroe County, 25-CA-883-K. Suit stemming from code
compliance case. Owner has demanded monetary damages related to the demolition and
rebuild of a home subjected to Hurricane Irma substantial damage letter. The Court will
hear the County's motion to dismiss on 5/5/26.
Appellate Cases
14. Maschal et al. v. Monroe County and FKAA,19-CA-186-K/3D2025-0574. Suit by 12
individuals seeking similar relief to the Delaney lawsuit, which the County and FKAA
won. The County and FKAA answered and counter sued for injunctive relief, compelling
the property owner plaintiffs to connect to the system. On 1/28/25, the Court granted the
County & FKAA's motion for summary judgment and entered a final judgment on 6/6/25.
Maschal appealed to the Third DCA. Briefing is complete; awaiting a decision.
15.2014 Janet Vincent Familv Trust. et al.. v. Monroe Countv. 24CA332K/3D2025-2573.
Plaintiffs are seeking declaratory judgment regarding a parcel of land abutting their
properties that the property should revert to their ownership. A bench trial was held on
6/17/25. The court ruled in the County's favor and denied rehearing. Plaintiffs appealed
to the Third DCA; their brief is due 3/11/26.
16. Kearns Construction Company v. Monroe County, 24-CA-1134-M/3D2025-1586. This
action sought to quash the BOCC's award of the contract for RFP-568 Artificial Reef
Materials Deployment to Gulfside 10-Mile Reef. On 7/18/25, Judge Koenig quashed the
BOCC's award of the contract to Biscayne Towing & Salvage. That decision was
overturned on appeal by the Third DCA on 12/31/26. The Third DCA denied Kearns
motion for Rehearing on 1/28/26 and issued the mandate on 2/13/26.
17. Dalk Land, L.P. v. Monroe County Building Department, DOAH 25-1345/26AP1 K. Dalk
Land appealed a certificate of occupancy issued to its neighbor (Peter Giampaoli) on
basis of alleged floodplain regulation violations to the Division of Administrative Hearings.
The DOAH ALJ ruled in favor of Monroe County and Giampaoli. Dalk Land filed a petition
for writ of certiorari to the Circuit Court appealing that DOAH decision on 1/5/26. On
2/26/26, the Circuit Court summarily dismissed the petition.
18. Cayo Hueso Investments, Inc. v. Monroe County, DOAH Case 24-2250-GM/3D2025-
0643. Cayo Hueso, an adjacent property owner, filed a petition challenging the County's
amendments of the Land Development Code (zoning) and Comprehensive Plan (Future
Land Use Map/FLUM) in order to allow a shoreside facility for the proposed mooring field
in Boca Chica Harbor. On 3/17/25, FloridaCommerce issued a final order finding the
amendments consistent with statutes and the comprehensive plan. On 4/11/25, Cayo
Hueso appealed the final order to the Third DCA. Briefing complete. Cayo Hueso
requested oral argument, which remains pending.
19. Key Largo Beautification, Inc. v. Monroe County, 24-CA-1077-P/3D2024-2193. Owner
appealed dismissal of their petition for a writ of mandamus requesting the Circuit Court
to force the County to replat property in Key Largo (MM 98.7). The Owner has until
3/5/26 to file its Reply Brief.
20.John Kuluz, et al. v. Monroe County & 17RM Investments, LLC, 21-CA-357-P/3D2025-
500. Plaintiffs (neighbors) are the owners of property near 17RM's Key Largo property.
The Neighbors sought a declaratory judgment against the County's determination that a
20-foot front -yard setback does not apply, under the Code, to 17RM's property because
it is fronted by a private access easement. The Court entered judgment in favor of the
County and 17RM on 11/27/24. On 3/14/25, the neighbors appealed to the Third
DCA. Briefing complete. Awaiting a decision.
21.601 Cuda Properties, LLC v. Monroe County & SFWMD, Case No. 3D2024-118 (L.T.
Case No. 2023-066-DAO-ERP) and 3D2024-2101 (L.T. Case No.2024-086-DAO-ERP).
601 Cuda Properties, LLC, ("Cuda") has filed an appeal from a SFWMD Order granting
an Environmental Resource Permit that was issued to the County on 11/17/23,
authorizing the use of sovereign submerged lands to repair the Rock Harbor Breakwater
and install an air bubble curtain and seaweed gate. Briefing is complete. On 2/6/26 the
Third DCA denied Cuda's Request for Oral Argument.
22.Shands v. City of Marathon, 3D2021-1987. This is a long -running takings case involving
an offshore island located within the City of Marathon. On 2/5/25, the Third DCA issued
a decision that created a new category of taking (an
"as -applied categorical taking") and vitiated the use of TDRs to avoid takings, suggesting
an owner must be provided a utilitarian physical use of their property. On 6/12/25, the
City sought discretionary jurisdiction in the Florida Supreme Court, which that court
denied on 12/5/25. Justice Thomas granted the City's request for an extension until
5/4/26 to seek review in the US Supreme Court. The County's amicus brief will be due
30 days after the City's brief is filed. The County is coordinating the amici to help the city.
23. Lazaro & Beatriz Miguez Arango v. Monroe County, Planning & Environmental
Resources Department File No. 2025-109. On 5/28/25, owners of a parcel near MM 104
appealed a decision to fail a dock permit application based on the determination that it
fails to comply with the Land Development Code Section 118-12 ("Shoreline Setback —
Docking Facilities"). The Owners' appeal application remains pending and incomplete
due to their failure to file an initial brief.
24. Key Haven v. Florida DOT & DEO, 1 D2025-0660. The property owner sued the State
alleging a regulatory taking of its five (5) mostly submerged lots in the Key Haven
subdivision based on the State's denial of resource permits to fill the lots. Key Haven
has appealed in the 1 st DCA the trial court's 2/16/25 Final Summary Judgment in favor of
the State. Although the County was previously dismissed as a party below, it is seeking
amicus status at the appellate level. Key Haven & the State have filed their briefs. On
1/7/26, the County filed a motion for leave to file an amicus brief in support of the State
agencies that included the proposed brief. On 1/30/26, the 1st DCA granted the County's
motion and accepted the County's amicus brief. Awaiting scheduling of oral argument.
25. Beckman v. Monroe County, 23-CA-19-P/3D2025-2443. Appeal of Code Compliance
case finding violation of unapproved storage container(s) and property cleanliness. This
case is being handled by outside counsel: Vose Law. Briefing is now complete.
Class Action Lawsuits where Monroe County is a Party
26. 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 arising from the defendants' products. PFAS had been
detected at the County's Fire Training Academy. 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 similar cases in the Multi District
Litigation (MDL) case pending in the District of South Carolina.
Constitutional Officer Cases
27. The Supervisor of Elections is currently involved in several additional litigation matters
that have been brought against all 67 SOE's. The cases challenge various Florida
Statutes regarding election legislation and voter registration. Supervisor Hodies and
other SOEs retained outside counsel, but the County Attorney's office is assisting in the
defense of each case. Three older cases remain pending awaiting final resolutions by
the Courts. A new case was filed on 5/4/25, which challenges the constitutionality of HB
1205 passed by the Legislature in 2025 to regulate the initiative -petition process:
A) Florida Decides Healthcare, Inc., et al v. Sec'y of State Cord, Sherri Hodies, et al,
4:25cv211-MW/MAF, USDC/NDFL. Three additional groups and one individual have filed
to intervene as Plaintiffs and the Republican Party of Florida filed to intervene as a
Defendant. The Court held a hearing on 5/22/25 on Plaintiff's Motion for an Injunction
and denied all claims except one of Plaintiff Jordan Simmons's vagueness claim
challenging the expanded definition of "racketeering activity." The original Plaintiff filed a
second Motion for Preliminary Injunction on 5/30/25, and other Plaintiffs followed with
similar additional Motions, which do seek relief from the SOEs, and a hearing was held
on 6/30/25. The Court denied the injunctions in part and granted in part. The Court
entered another Order on Motions for Preliminary Injunction on 8/21/25, which applied
only to certain counties, but Monroe County is not affected by the Order. Plaintiff FDH
withdrew its most recent Motion for Preliminary Injunction regarding signature verification
fees and has also suspended its initiative campaign (Provide Medicaid Coverage to
Eligible Low -Income Adults) for the 2026 election cycle. A Pre -Trial Conference is set
for 2/04/2026 followed by a bench trial scheduled for 2/09/2026, which is ongoing.
Foreclosure Actions
28. The County Attorney's Office is currently prosecuting 27 cases to foreclose or otherwise
enforce 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
29. Code Collections. Due to the early agenda deadline, fines and costs information for
February is not yet available. An update will be provided in March.
30.Andrea Thompson Career Service Appeal: Andrea Thompson appealed the
termination of her employment to the Career Service Council on 10/22/24. Two schedule
hearings have been continued at Thompson's request over County objection due to
pendency of criminal proceedings. On 2/19/26, Thompson and the County both filed
reports with the Career Service Council, advising on the status of the criminal case
(discovery still underway).
31.Vacation Rental Prosecutions. At the time of the agenda deadline, the February Code
Compliance hearing had not yet occurred. An update will be provided in March.
32. Professional Development.
a. On 2/11/26, County Attorney Bob Shillinger moderated the Florida Association
of County Attorney's (FACA) panel discussion on Careers in Local Government
Law at Ave Maria School of Law.
b. O 2/12/26, Assistant County Attorney Jessica Quiggle participated in FACA's
panel discussion on Careers in Local Government Law at the University of
Florida College of Law.
c. On 2/13/26, Sr. Assistant County Attorney Derek Howard and Assistant County
Attorney Jessica Quiggle both presented at the University of Florida's Public
Interest and Environmental Law Conference.
d. On 2/26/26, Sr. Assistant County Attorney Christine-Limbert Barrows and
Assistant County Attorney Eve Lewis both participated in FACA's panel
discussion on Careers in Local Government Law at St. Thomas University's
School of Law.
Risk Management Activity February 2026
• Agenda items approved: 75
• Insurance policies renewed: 0
• Flood policies renewed: 3
• Claim Reports: 8
Public Records
248 Requests Received
237 Requests Closed
1 Day(s) to Fulfillment (Median days required to fulfill request in reporting Period)
The County Attorney's Office fulfilled 135 of the requests received. Below is a
breakdown of requests processed by each department (NOTE: some requests have
more than one department assigned, thus the number can add up to more than 248 or
237).
• Building New 104 Closed 94
• Code Compliance New 36 Closed 32
• County Attorney New 69 Closed 63
• County Attorney (Building Requests) New 72 Closed 72
• Planning New 26 Closed 18
• MCFR New 6 Closed 5
• HR New 1 Closed 2
• Airport New 1 Closed 1