HomeMy WebLinkAboutItem T01 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Michelle Lincoln,District 2
The Florida. Keys Mayor Pro Tem David Rice,District 4
p Craig Cates,District I
James K. Scholl,District 3
Holly Merrill Raschein,District 5
Regular Meeting
June 10, 2026
Agenda Item Number: T1
26-6308
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: N/A STAFF CONTACT: Jessica Quiggle
AGENDA ITEM WORDING: County Attorney Report for June 2026.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION
DOCUMENTATION:
County Attorney Report.
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:
i <u ,� BOARD OF COUNTY COMMISSIONERS
County of Monroely,o Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tenz,David Rice,District 4
Craig Cates,District 1
James K. Scholl,District 3
Robert B.Shillinger,Jr.,County Attorney** `'l Holly Merrill Raschein,District 5
Pedro J.Mercado,Chief Assistant County Attorney**
Christine Limbert-Barrows,Sr.Assistant County Attorney**
Derek V. Howard,Sr.Assistant County Attorney** Office of the County Attorney
Peter H. Morris,Assistant County Attorney** 1111 12t'Street,Suite 408
Patricia Fables,Assistant County Attorney Key West,FL 33040
Joseph X. DiNovo,Assistant County Attorney** (305)292-3470 Office
Kelly Dugan,Assistant County Attorney (305)292-3516 Fax
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: May 28, 2026
Re: June 2026 Litigation Report
Closed Sessions This Month
Board of County Comm. of Monroe County v. Richard and Diane Beckman, 23-CA-19-
P/3D25-2443. This suit was brought by Monroe County in 2023 to enforce a code
enforcement lien in Case No. CE18020022. Andy Tobin represents Defendants and has
heavily litigated this case, including a recent appeal to the Third DCA. On 4/8/26, the
Third DCA dismissed Defendants' Petition for Writ of Certiorari. Petitioners moved for
rehearing on 4/14/26, which the Third DCA denied on 5/4/26. On 5/06/26, Mr. Tobin
conveyed a settlement offer to the County Attorney's Office.
Roy's Trailer Park, Inc. et al. v. Monroe County, 19-CA-175-K/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 2/23/26. The Appellees
requested a 60-day extension to file their Answer Brief, due on 5/25/26. On 5/24/26,
Appellees moved for a 30-day extension to file their Answer Brief, until 6/26/26.
Perla DeMiller v. Monroe County, 25-CA-821-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. On 3/11/26, Plaintiff served a Proposal for
Settlement to the County. On 4/23126, the County filed a Motion to Dismiss, which is
set for hearing on 7/20/26. On 5112/26, the County served a Proposal for Settlement
to the Plaintiff.
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.
Mediation was held 3/10/26. On 5/06/26, trial was continued until 10/26/26 trial period.
Defendant's motion for summary judgment is set for hearing on 7/20/26.
New Cases Filed Since Last Report - None
Trial Court Cases of Interest
1. Bautista v. Monroe County, 4:26-cv-10036-DPG. On 4/22/26, Plaintiff, a former
employee who resigned from employment, filed a Complaint against the County for
associational discrimination under the ADA. The Complaint was served on 4/30/26. The
law firm of Johnson Anselmo represents the County. The County filed a motion to
dismiss on 5/20/26.
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. The case settled at mediation on 5/15/26.
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. Discovery ongoing.
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. On 3/4/26, Plaintiff filed a second amended
complaint. On 3/16/26, the County filed a motion to dismiss. On 3/17/26, the County
served a motion for sanctions, and on 3/24/26, the Plaintiff served a counter-motion for
sanctions. The County's motion to dismiss was partially heard on 3/30/26, then continued
to 4/08/26. On 4/07/26, the Court granted the County's motion for temporary stay of
depositions. On 4/09/26, the Court granted the County's motion to dismiss and allowed
Plaintiff until 5/08/26 to file a Third Amended Complaint, which the Court later extended
to 5/18/26. On 5/18/26, Plaintiff filed a Third Amended Complaint, abandoning the
Whistleblower claim against the BOCC, TDC, and Monroe County, and naming
Commissioner Cates individually in a claim for alleged tortious interference with
Plaintiff's employment contract.
5. Billy Sunday Jones v. Monroe County, 25-CA-785-P/3D26-230. 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. On 4/16/26, the Court struck
Appellant's initial brief filed by his "next friend," and provided him 30 days to refile
personally or through a member of the Florida Bar. On 5/8/26, Appellant filed a motion
for an extension of unspecified time to file his initial brief.
6. 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 1/25/26, the
Court entered final summary judgment in favor of the County and denied the property
owner's motion for summary judgment. The property was sold at tax sale on 3/25/26 to
TPS-FL, LLC, and a Tax Deed was recorded 3/27/26. On 5/06/26, the County moved
to substitute Phoenix Holdings for the new owner, TPS-FL, LLC, which is set for
hearing on 7/06/26. On 5/18/26, the County filed a claim for surplus funds resulting
from the tax deed sale.
7. Monroe County v. Mark H. Schofield, 18-CA-217-P. This suit stemmed from a code
compliance case, where Monroe County obtained a Final Judgment on 7/03/23 in the
amount of$2,061,401.74. The property was sold at foreclosure auction to the County for
$100.00. On 12/03/25, a Certificate of Title was issued to the County. The County's
motion for entry of a deficiency judgment is scheduled to be heard on 7/08/26.
8. 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. A case management
conference is scheduled for 7/10/25.
9. 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.
10.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. Hearing will be held on 7/20/26.
11. 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 4 of the 7 DFs. On 4/27/26
the County moved for summary judgment.
12.BOCC v. SGC Land Trust 2/12/2020, Sunset Gardens Farm, LLC, & FMC Mgmt. 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. On 4/21/26 the Court issued
its Order denying SGC Land Trust et al.'s summary judgment motion. The Court has not
yet issued its Order granting the Property Appraiser's Motion to Dismiss. The parties are
also awaiting the Court's issuance of an Order on the County's motion for preliminary
injunction. Trial is set for 6/22/26.
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 County's
motion to dismiss was granted on 5/5/26. On 5/21/26, Plaintiff moved for rehearing.
14.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. A
settlement agreement has been reached and sale of the property is pending.
Appellate Cases
15.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.
16.2014 Janet Vincent Family Trust, et al., v. Monroe County, 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 and filed their Initial Brief on 3/31/26. County's brief due 6/1/26.
17.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.
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). Briefing complete. Awaiting
a decision.
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.
On 5/20/26 the Third DCA issued a written opinion affirming the entirety of the trial
court's final summary judgment in favor of Monroe County and against the
Neighbors. The Neighbors may file a motion for rehearing with the Third DCA no
later than 6/04/26 and may attempt to seek further review before the Florida
Supreme Court no later than 6/19/26.
21.Shands v. City of Marathon, 3D2021-1987; 25A932. This is a long-running takings case
involving an offshore island located within the City of Marathon, which the County is
assisting the City as an amicus curiae (friend of the court). 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. After the Florida Supreme Court
denied discretionary review on 12/5/25, the City sought review in the U.S. Supreme Court.
On 5/1/26, the City filed its petition for certiorari review by the US Supreme Court, which
was docketed on 5/4/26. The County's amicus brief was filed on 5/20/26; the
Supreme Court will consider the City's petition at its 6/4/26 conference.
22.601 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 dismissing
its petition challenging 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. On 3/25/26, the Third
DCA issued a written opinion affirming SFWMD's dismissal of Cuda's petition. On
4/6/2026, 601 Cuda filed a motion for rehearing en banc. On 4/16/26, SWFMD filed an
opposition to the motion for rehearing en banc. On 5/21/26, the Third DCA considered
the motion for rehearing en banc filed by 601 Cuda to include a motion for
rehearing. The motion for rehearing was denied. The motion for rehearing en banc
was also denied.
23.Lazaro & Beatriz Miquez 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. Oral argument is scheduled for
6/09/26.
25.6630 Maloney LLC v. Monroe County Planning Department, File No. 2025-212. Owner
of property in the Blue Waters subdivision is appealing a 9/22/25 Letter of Development
Rights Determination that determined nine (9) residential dwelling units are exempt from
the residential ROGO permit allocation system pursuant to LDC Section 138-22 and zero
(0) square feet of nonresidential floor area was lawfully established and exempt from
NROGO. Owner is seeking recognition of 18 lawfully established units and 1,500 square
feet of nonresidential floor area. At the hearing on 4/22/26, the Planning Commission
affirmed staff's determination.
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.
27.Monroe County v. Purdue Pharma L.P. et al., No. 4:19-cv-10049. This case was filed by
Monroe County against opioid manufacturers/marketers and distributors on 4/3/19. The
complaint seeks damages including punitive damages, attorneys' fees, costs, and
injunctive relief. The case is part of multi-district litigation under a judge in Cleveland,
Ohio (MDL Case 2804). On 9/15/21, the BOCC approved a resolution that expressed
approval for a settlement formula. On 12/8/21, the BOCC approved a settlement
agreement with three Distributors and one Manufacturer (J&J) under which the County is
estimated to receive approximately $200K/year for 18 years beginning in April 2022. At
the 3/16/22 meeting, the BOCC approved settlement with defendant manufacturer Endo
and approved Resolution No. 101-2022, authorizing the County Attorney's Office to enter
into further settlement with other defendants as they become available. On 4/12/22, the
County Attorney (on behalf of the BOCC) approved settlements with Teva, Allergan, and
CVS. On 5/9/22, the County Attorney (on behalf of the BOCC) approved a settlement
with Walgreens. On 9/10/25, the BOCC approved settlements with eight Secondary
Manufacturers (Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus).
Proposed settlement is now pending with Six Remnant Defendants: Associated
Pharmacies, Inc.; J M Smith Corporation; Morris and Dickson Co. LLC; Louisiana
Wholesale Drug Company, Inc.; North Carolina Mutual Wholesale Drug Company, Inc.;
and United Natural Food s/Su perVal ue. On 4/29/26, the County submitted its settlement
participation form for the Six Remnant Defendants; confirmation of receipt was provided
by the Notice and Claims Administrator the same day.
Constitutional Officer Cases
28.32 N. Bounty Ln, LLC v. Sam C. Steele, 26-CA-400-P. On 4/03/26, Plaintiff filed a
Complaint for declaratory relief and seeking to vacate Tourist Development Tax Warrants
issued in 2023 and 2024. The Tax Collector was served on 4/23/26 and requested that
the County Attorney's Office defend him in this matter. A motion to dismiss was filed
on 5/12126 and is set for hearing on 8/03/26.
29.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 Byrd, 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. Bench trial held in February 2026. Post-trial briefs filed; awaiting
decision. Judge Walker issued a Final Order on 4/30/26 and ruled for the Defendants
on most challenges and dismissed other issues for lack of standing or mootness.
The time for appeal is ongoing still.
B) Florida State Conference of Branches and Youth Units of the NAACP, et al v. Sec'y of
State Byrd, Sherri Hodies, et al, 4:26cv147-MW/MAF, USDC/NDFL. Plaintiffs filed
challenging the passage of HB 991 as to the proof-of-citizenship and verification
requirements. All 67 Supervisors of Election were also sued, including Monroe County's
SOE Hodies. Defendant Hodies' response is due on 6/5/26. On the same day of the filing
of this Northern District case, a similar case had been filed in the United States District
Court for the Southern District challenging the same proof-of-citizenship requirements
(Unidos, et al v. Sec'y of State Byrd, et al, 26-cv-22257-JB, USDC/SDFL). However, only
the Miami-Dade, Broward, and Palm Beach County SOEs were sued in the Southern
District case. Defendant Byrd filed a Motion to Transfer, Consolidate, and Align Pleading
Deadlines to transfer the Northern District case to the Southern District. The Southern
District Court entered an Order on 5/1/26 transferring the Northern District case to the
Southern District and granted the request to align the pleading deadlines but denied the
request to consolidate the cases for now. Any new Motions for Consolidation are due on
5/18/26. Outside counsel is representing SOE Hodies and other Supervisors with the
County Attorney's Office assisting in the defense of this case. Case 26-147 (Northern
District of Florida) has been consolidated with Case No. 26-22257 (Southern District
of Florida). The deadline to join any additional parties and amend pleadings is
7/22/26.
Foreclosure Actions
30.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 6 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
31.Code Collections. Due to the date of the agenda deadline, information for fines and
costs as of May was not available at the time of this report. Costs and fines for May 2026
will be provided in the next report.
32.Andrea Thompson Career Service Appeal: Andrea Thompson appealed the
termination of her employment to the Career Service Council on 10/22/24. Two scheduled
hearings have been continued at Thompson's request over County objection due to
pendency of criminal proceedings. On 3/31/26, the Career Service Council continued
Thompson's hearing for 6 more months (October 2026).
33.Vacation Rental Prosecutions. Due to the date of the May Code Compliance hearing,
information was not yet available at the time of this report. Information on vacation rental
prosecutions at the May hearing will be provided in the next report.
Risk Management Activity May 2026
• Agenda items approved: 92
• Insurance policies renewed: 5
• Flood policies renewed: 0
• Claim Reports: 6
Public Records May 2026
307 Requests Received
305 Requests Closed
2 Day(s) to Fulfillment (Median days required to fulfill request in reporting period)
The County Attorney's Office fulfilled 138 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 307 or 305).
• Building New 163 Closed 162
• Code Compliance New 81 Closed 75
• County Attorney New 58 Closed 58
• County Attorney (Building Requests) New 72 Closed 70
• Planning New 19 Closed 18
• MCFR New 7 Closed 8
• HR New 1 Closed 4
• OMB New 1 Closed 1
• Airport New 2 Closed 3