HomeMy WebLinkAboutItem T02 COUNTY of MONROE BOARD OF COUNTY COMMISSIONERS
� Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tern David Rice,District 4
y Craig Cates,District 1
James K. Scholl,District 3
� «
Holly Merrill Raschein,District 5
Regular Meeting
July 15, 2026
Agenda Item Number: T2
26-32329
BULK ITEM: DEPARTMENT: County Attorney
TIME APPROXIMATE: N/A STAFF CONTACT: Jessica Quiggle
AGENDA ITEM WORDING:
Approval of a Settlement Agreement in Monroe County, Florida v. Richard Beckman and Diane
Beckman, 16th Judicial Circuit Case No. 23-CA-19-P; Richard Beckman, et al. v. Board of County
Commissioners of Monroe County, Florida, 3D2025-2443.
ITEM BACKGROUND:
The County is currently in litigation in the matter of Monroe County, Florida v. Richard Beckman and
Diane Beckman, 16th Judicial Circuit Case No. 23-CA-19-P; Richard Beckman, et al. v. Board of
County Commissioners of Monroe County, Florida, 3D2025-2443.
PREVIOUS RELEVANT BOCC ACTION:
At the 05/20/2026 BOCC meeting the County Attorney requested that a closed session be held at the
06/10/2026 BOCC meeting. The Board granted the request and the closed session was held on
06/10/2026.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION:
Approval.
DOCUMENTATION:
Settlement Agreement.
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:
Approval t in Monroe County, Floriday. Richard
Dianeeck , 16th JudicialCircuit - - -P; Richard Beckman, .v.
Board t Commissioners of Monroe County, Florida, - .
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (the "Settlement Agreement") is executed effective as of
the date of the last signatory, by and between the Board of County Commissioners of Monroe
County, Florida ("Plaintiff'), and Diane Beckman ("Defendant"), for purposes of resolving
Monroe County Circuit Court case 23-CA-19-P ("Lawsuit") and the code enforcement lien
entered by the Special Magistrate in case no. CE 18020022,recorded June 5, 2020, in Book 3025,
Page 1858 ("Code Lien"), with regard to the property located at 300 Morris Avenue, Key Largo,
Florida 33037 (the"Property").
WHEREAS, the parties hereto have agreed to fully settle all such claims involved and other
matters upon the terms stated herein.
WHEREAS, Plaintiff filed the Lawsuit on January 16, 2023, for foreclosure and monetary
judgment due to the fines accrued under the Code Lien. As of June 10, 2026, fines total
$73,200.00, staff costs total $1,491.81, attorneys' fees total $47,915.50, and court costs total
$5,549.13.
WHEREAS, Plaintiff agrees to settle its claims against Defendant upon receipt of payment of
$75,000.00 from Defendant to Plaintiff. Payment shall be made to: Monroe County Code
Compliance, Attn:Nicole Petrick, 2798 Overseas Highway,Marathon, FL 33050.
WHEREAS, Plaintiff agrees, within 30 days of clearance of funds, to dismiss Monroe County
Circuit Court case 23-CA-19-P, cancel the associated lis pendens, and file a release and
satisfaction of the code enforcement lien in case CE 18020022, recorded June 5, 2020, in Book
3025, Page 1858, against the Defendant.
NOW THEREFORE, for value received, and other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged,the parties hereto agree as follows:
1. Terms of Settlement. Defendant shall pay a sum total of$75,000.00 to Plaintiff within 60
days of the date of this Settlement Agreement. This sum shall be inclusive of all fines, costs, and
attorneys' fees accruing in accordance with the Code Lien and the Litigation.
40
a. Compromise of Claims. The parties acknowledge that this is a settlement of the
claims against the Defendant, and that this Settlement Agreement is being entered into to
avoid the potential expense and inconvenience of litigation. In no event shall anything
contained herein be construed as an admission of liability on the part of any of the parties
hereto.
b. Full and Co m fete Settlement. The parties acknowledge that the consideration
described herein once paid and received in full is a complete settlement and satisfaction
of all of the aforesaid claims, actions, causes of action, demands, damages, costs and
expenses which they may have, arising out of or relating to the Code Lien or Lawsuit,
through the date of this Settlement Agreement. This Settlement Agreement is entered
into freely and voluntarily by the parties with the approval and advice of counsel.
2. Release of Lien. Once the funds have cleared,the Plaintiff shall release the Code Lien, record
a satisfaction of Code Lien, and dismiss the Lawsuit against Defendant within 30 days of receipt
of funds.
3. Miscellaneous
a. Binding Effect and Benefit. This Settlement Agreement shall inure to the benefit of
the parties hereto, and shall be binding upon, the parties hereto, and their respective heirs,
executors,administrators,personal representatives, successors and assigns.
b. Modification. No provision contained herein may be modified, amended or waived
except by written agreement or consent signed by the party to be bound thereby.
c. Headings and_Ca tom. Subject headings and captions are included for convenience
purposes only and shall not affect the interpretation of this Settlement Agreement.
d. Gender and Number. Throughout this Settlement Agreement, the masculine shall
include the feminine and neuter and the singular shall include the plural and vice versa as the
context requires.
e. Entire Agreement. This document together with all exhibits and schedules referred to
herein constitutes the entire agreement of the parties and supersedes any and all other prior
agreements, oral or written,with respect to the subject matter contained herein.
f. Governing Law. This Settlement Agreement shall be subject to and governed by the
laws of the State of Florida and the venue for all claims and disputes under this Agreement shall
be the Sixteenth Judicial Circuit in and for Monroe County, Florida.
g. Counterparts. This Settlement Agreement may be executed in two or more
counterparts each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
h. Expenses. Each party shall pay its own respective legal and other professional fees
and other expenses incurred in connection with the matters addressed herein.
i. Authority. Each signatory to this Settlement Agreement represents and
warrants that it is fully authorized to enter into this Settlement Agreement on behalf of its
respective party.
J
. Electronic version acceptable. This Settlement Agreement, once executed,
may be delivered electronically, by facsimile, email, or electronic delivery, and such delivery
shall have the same force and effect as the delivery of an original signature.
2
Settlement Agreement,Monroe County v. Beckman
2023-CA-19-P
IN 'WITNESS WHEREOF, the undersigned has executed this Settlement Agreement effective as
of the day and year aforesaid.
Robert B. Shillinger,Jr., FBN: 58262
Monroe County Attorney
For the Plaintiff, Monroe County BDCC
Andrew K4. Tobin, Esq. FBN 184825
Attorney for the Defendant Diane Beckman
3
Settlement Agreement,Monroe County v. Beckman
2023-CA-19-P