Resolution 135-2005
RE$QLUTlON NO. 135 -2005
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROECOUNTY,FLO~DASETnNGTHERATEFORATTORN~S
FEES SOUGHT BY THE COUNTY ATTORNEY'S OFFICE UNDER
SECTION 2-365 OF THE MONROE COUNTY CODE.
WHEREAS, the Office of the County Attorney is authorized by Section 2-
365 of the Monroe County Code to seek attorneys fees in certain matters; and
WHEREAS, Section 2-365 of the Monroe County Code requires the Board
to set by resolution the basic hourly rates for services rendered by the County
Attorney's office; and
WHEREAS, controlling case Jaw in Florida authorizes government entities
such as the County to seek reimbursement for the services of staff attorneys at
the reasonable prevailing rate in the community even if that amount exceeds the
cost of the particular staff attorney's compensation package (salary plus
benefits); see, Computer Task Group, Inc. v. Palm Beach County, 782 SO.2d 942
Fla. 4th DCA 2001); Leibowitz v. City of Miami Beach, 683 So.2d 204 (Fla. 3d
DCA 1996); and City of Boca Raton v. Faith Baptist Church, 423 So.2d 1021
(Fla. 4th DCA 1982); and
WHERJ:AS, attorneys in the County Attorney's office routinely litigate
cases on behalf of the County which often result in the County being entitled to
attorney's fees; and
WHEREAS, the Board finds that it has been presented with substantial,
competent evidence that the rate of two hundred dollars ($200.00) per hour falls
within the range of reasonable attorney's fees charged by attorneys practicing in
Monroe County possessing similar skill, experience, reputation, and competence
of those attorneys serving as County Attorney and Assistant County Attorney;
NOW THEREFORE; BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
1. The hourly rate for attorney's fees sought by the Office of the
County Attorney, in circumstances set forth in Section 2-365 of the
Monroe County Code, shall be two hundred dollars ($200.00) per
hour.
2. This rate may be adjusted by a subsequent vote of the Board after
a public hearing.
PASSED AND ADOPTED by the Board of County Commissioners
of Monroe County, Florida at a regular meeting held on the ~hday
of April , A.D., 2005.
Mayor Dixie Spehar
MayorChanesuSonn~McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner David Rice
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY:
Mayor Dixie Spehar
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MONROE COUNTY ATTORNEY
~~;~RM:
JOHN R, COLLINS
CO'jIT.Y AT~RNEY
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Your Upper Keys Connection
THE REPORTER
P.O. Box 1197 . Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-0199
AD # 2398501) Attor-
ney's Fees
PROOF OF PUBLICATION
NOTICE OF INTENTION
TO CONSIDER
ADOPTION OF PRO- .
POSED RESOLUTION
NOTICE IS HEREBY
GIVEN TO WHOM IT'
MAy CONCERN that on
Wednesday, April 20,
2005, at 3:00 PM at the
Harvey Government
Center, 1200 Truman
Avenue, Key West,
Monroe County, Flori-
da, the Board of County
Commissioners of Mon-
roe COl-!nty, Florida, in-
tends to consider the
adoption of the following
proposed County Reso-
'Iution:
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority
personally appeared JACKL YN R.
HARDER who on oath, says that she is
ASSOCIATE PUBLISHER/EDITOR of THE
REPORTER, a weekly newspaper entitled
to publish legal advertising published at
Tavernier, Monroe County, Florida: that
the attached copy of advertisement, being
LEGAL NOTICE in said newspaper in the
issue of:
A RESOLUTION OF
THE BOARD OF COUN-
. TY COMMISSIONERS
OF MONROE COUNTY,
FLORIDA SETTING
THE RATE FOR AT-
TORNEY'S FEES
SOUGHT BY THE
COUNTY ATTORNEY'S
OFFICE UNDER SEC-
TION 2-365 OF THE
MONROE COUNTY
CODE.
April 1 st and April 8th 2005
Affiant further says that THE REPORTER
is a newspaper published at Tavernier, in
said Monroe County, Florida, and that the
said newspaper has heretofore been
continuously published in the said
Monroe County, Florida, each week (on
Thursday), and has been entered as
second class mail matter at the Post
Office in Tavernier, in said County of
Monroe, Florida, for a period of one year
next preceding the first publication of the
attached copy of advertisement; and
affiant further says that she has neither
paid nor promised any firm, person, or
corporation any discount, rebate,
commission or refund for the purpose of
securing this advertisement for
publication in the said newspaper and that
The Reporter is in full compliance with
Chapter 50 of the Florida State Statutes on
Legal and Official Advertisements.
Pursuant to Section
286.0105, Florida
Statutes, notice is given
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reepeci,"-,y matter
considered at such hear-
ings or meetings. hew,"
need a recorcl of the pro-
ceedings, and that, for
such purpose, he may
need to ensure that a ver-
batim record ofthe pro-
ceedings is made. which
record includes the testi-
mony and evidence upon
which the appeal is to be
based.
Copies of the above-ref-
erenced ordinance are ;1:
available for review at the E -'.
various public Iibrare~ in . lO n~'
. Monroe County, FIOrldL .~;;~~
Dated at Key West, Florl- ~. r
da, this 16thdayofc:.::~'
March, 2005. 5:::0;7.: -0
DANNY L. KOLHAGG.- ~ ~ r:: :r:
Clerk ofthe Circuit C6urt :-,,:-f;; ca
and ex officio C ofthe i- C) _
Board of Co eom- p ,.., -
mission. Monroe' en
~ou ) I~
ubll.h: 04101/05 &
04/08/05
The Reporter
Tavernier, FL 33070
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