Agenda 04/14/2009 Item #16K 3
/\genda Item No. 16K3
April 14, 2009
Page 1 of 8
EXECUTIVE SUMMARY
The Office of the County Attorney submits for the Board's review Jerry Blocker and
Kimberlea Blocker's Offer of Judgment in Case No" 08-9355-CA, pending in the Twentieth
Judicial Circuit in and for Collier County. The County Attorney recommends that the
Board take no action on this Offer.
OBJECTIVE: The Office of the County Attorney is submitting for the Board's reyiew Jerry
Blocker and Kimberlea Blocker's (hereinafter "Blockers") otfer of Judgment in the case pending
in the Twentieth Judicial Circuit in and for Collier County, Case No. 08-9355-CA. Based upon a
prior discussion with the Board in a closed session, it is recommended that no action be taken,
The offer, which is attached as Exhibit "A," will expire April 24, 2009, ifnot accepted.
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CONSIDERA TIONS: The Blockers own a mobile home park in Immokalee, which has been
the subject of an ongoing Code Enforcement action based on an alleged unlawful residential use
for property zoned industrial. The Blockers have filed suit against the County under the Bert J.
Harris, Jr. Priyate Prope.iy Rights Act, seeking $2,000,000 in damages from the County. The
matter has been abated pending a decision on the Blockers' appeal of the Code Enforcement
Board Orders Imposing the Liens issued for yiolations of the County's codes, The County has
filed a foreclosure action to recover the three outstanding Code Enforcement Liens, presently
totaling $517,662.48, against the Blockers, which increases by $150 per day. The Blockers,
through their counsel, have made the County an offer to settle their Bert Harris claim in which
they would pay the County $15,000 in exchange for I) the County allowing the Blockers to
submit a Site Improvement Plan for the mobile home park, and 2) the County dismissing its
foreclosure proceedings, Based upon a prior discussion with the Board in a closed session, the
County Attorney recommends that the Board take no action on this Offer. If the Board wishes to
discuss the matter, the County Attorney recommends that the malter be removed from the
consent agenda, and that the County Attorney be directed by the Board to announce a closed
session to be held at the next regularly scheduled Board meeting.
FISCAL IMPACT: Among other things, accepting this Offer would result in the County
foregoing its claim for Code Enforcement fines in excess of $517,000 (the collectability of which
is uncertain), the County receiving $15,000, the Blockers dismissing their Beli Harris claim
against the County, the County saving litigation costs and expenses (although the cases are all
being handled in-house), and the Blockers submitting a Site Improvement Plan for staffreyiew.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary,
RECOMMENDA TION: That the Board of County Commissioners review the Blockers' Offer
of Judgment and take no action.
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PREPARED BY: Jeffrey A. Klatzkow. County Attorney, and
Jacqueline Williams Hubbard, Litigation Section Chief
Page I of I
Agenda Item No. 16K3
April 14. 2009
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K3
The Office of the County Attorney submits for the Boards review Jerry Blocker and Kimberlea
Blockers Offer of Judgment in Case No. 08~9355-CA, pending in the Twentieth Judicial
Circuit in and for Collier County The County Attorney recommends that the Board take no
action on this Offer.
Meeting Date:
4/14/200990000 AM
Prepared By
Jacqueline W. Hubbard
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/1/200911:17:40 AM
Prepared By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
411/200911017:40 AM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
4/1/20094:52 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
4!2!2009 9:25 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4-/3/2009 3: 18 PM
Approved By
leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/4/2009 11 :48 AM
t,-;1enda item ~~:). 16~\3
I\prii 14 2009
P:::lg8 3 of 8
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT,
IN AND FOR COLLIER COUNTY, FLORIDA
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CASE NO.: 08-9355-CA
JERRY B. BLOCKER and
KIMBERLEA BLOCKER,
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Plaintiffs,
vs.
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COLLIER COu1"~TY, a political
subdivision of the State of Florida,
Defendant.
1
PLAINTIFF, JERRY B. BLOCKER'S OFFER OF JUDGMENT
TO DEFENDANT, COLLIER COUNTY
PURSUANT TO FLA. STAT. 6 768.79 AND FLA. R. CIV. PROC.1.442
Plaintiff, JERRY B. BLOCKER, makes this good-faith offer of judgment pursuant to Fla,
Stat. ~ 768.79 and Fla. R. Civ, Proc. 1.442 as follows:
I. Applicable Law Governing this Offer of Judgment: Fla. Stat. 9 768.79 and
Fla, R, Ciy. Proc, 1.442.
2. Party Making Offer of Judgment: Plaintiff, JERRY BLOCKER, ("Plaintiff').
3, Party to Whom Offer of Judgment is Being Made: Defendant, COLLIER
COUNTY, a political subdivision of the State of Florida ("Defendant").
4, Claims to be Resolved: This Offer of Judgment seeks settlement of all claims
instituted, or that could have been instituted, by Plaintiff against Defendant, and by Defendant
against Plaintiff in this action,
5. Total Amount of the Offer of Judgment: Plaintiff, JERRY B. BLOCKER,
shall pay Defendant the sum of TEN THOUSAJ\'D AND 00/100 DOLLARS ($10,000.00)
("Settlement Payment"); said payment to be made within TEN (10) calendar days following
Plaintiffs receipt of Defendant's V'o'ritten acceptance of this Offer of Ju_dgm_eI1!. _
Composite
Exhibit "A"
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Aoenda Item No. 16K3
- .1\pril14,2009
Page 4 of 8
6. Non-Monetary Terms of this Offer of Judgment: Plaintiffs, JERRY B.
BLOCKER and KIMBERLEA BLOCKER, shall be allowed to submit the Shell Trailer Park for
a Site Improvement Plan pursuant to the Land Development Code of Collier County and shall
comply with all applicable procedures. The County shall satisfY and release the Code
Enforcement Board's liens against the Shell Trailer Park, and shall dismiss all proceedings to
enforce said liens, Within three (3) days of Plaintiffs receipt of Defendant's written acceptance
of this Offer of Judgment, Plaintiff and Defendant shall file a Joint Stipulation for Dismissal of
this case.
7, Relevant Conditions: Defendant will dismiss the CEB proceedings, release the
liens and allow Plaintiff to proceed with the SIP proceedings as set forth in the Land
Development Code.
8. The Amount Offered to Settle a Claim for Puaitive Damages, If Any: There
is no claim for punitive damages asserted by Plaintiff against Defendant. None of the amount set
forth in paragraph 6 is allocated to a claim for punitive damages. However, if accepted, this
Offer of Settlement would settle any punitive damage claims that could have been instituted by
Plaintiff against Defendant in this action.
9, Whether the Offer of Judgment Includes Attorney's Fees and Whether
Attorney's Fees are Part of the Legal Claim: This Proposal includes attorneys' fees claimed
by Plaintiff against Defendant, and by Defendant against Plaintiff, and this Offer of Judgment
includes waiving any claim for attorneys' fees and costs Plaintiff may have to assert against
Defendant, and Defendant against Plaintiff.
10, Withdrawal: This Offer of Judgment may be withdrawn in writing provided that
such written withdrawal is delivered before a written acceptance is delivered. Once withdrawn,
thc offer is void.
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I\genda item No. "i 13K3
April 14, 2009
Page 5 of 8
11, Acceptance: This Offer of Judgment is deemed rejected unless accepted by
delivery of a written notice of acceptance within THIRTY (30) days after service of the Offer of
Judgment.
12.
Inadmissible Settlement Communication:
This Offer of Judgment is
inadmissible pursuant to Fla. Stat. S 90.408 in any proceeding against Plaintiff and Defendant
other than as provided by Fla. Stat. 9768.79,
13, Service: This Offer of Judgment is being served via facsimile and First Class
U.S. Mail, and no oral communications shall constitute an acceptance, rejection or counter-offer,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. Mail, addressed to: Jacqueline Williams Hubbard, Esq., Collier County Attorney's Office,
3301 Tarniarni Trail East, Harmon Turner Bldg., 8th Fl., Naples, FL 34112, JeffE. Wright, Esq.,
Assistant County Attorney, 3301 Tamiami Trail East, Harmon Turner Bldg., 8th Fl., Naples, FL
34112; and Patrick G. White, Esq" Porter Wright Morris & Arthur, LLP, ,5801 Pelican Bay
Blvd., Ste, 300, Naples, FL 34108-2709, ,this ~s day of March, 2009.
JONES, FOSTER, JOHNSTON & STUBBS, PA
Attorneys for Plaintiffs
505 South Flagler Dr., Suite 1100 (33401)
Post Office Box 3475
West Palm Beach, Florida 33402-3475
561-659-3000 (phone)
561-650-0422 (fax)
By:
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Margaret rIrcOOper, Esq,
Florida Bar No, 217948
mcooper(a).iones- foster.com
P,IDOCS'252J9100001 IPLD11507981.DOC
offer judgmenljerry blocker 08 9355 hert harris case
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Agenda Item No. 16K3
April 14, 2009
Page 6 of 8
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT,:::;~
IN AND FOR COLLIER COUNTY, FLORIDA ~I
JERRY B. BLOCKER and
KIMBERLEA BLOCKER,
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CASE NO.: 08-9355-CA
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Plaintiffs,
vs.
COLLIER COl.JNTY, a poliiical
subdivision ofthe State of Florida,
Defendant.
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PLAINTIFF. KIMBERLEA BLOCKER'S OFFER OF JUDGMENT
TO DEFENDANT. COLLIER COUNTY
PURSUANT TO FLA. STAT. 5 768.79 AND FLA. R. CIV. PROC. 1.442
Plaintiff, KIMBERLEA BLOCKER, makes this good-faith offer of judgment pursuant to
Fla. Stat S 768.79 and Fla. R. Civ. Proc, 1.442 as follows:
1. Applicable Law Governing this Offer of Jndgment: Fla. Stat S 768.79 and
Fla. R. Civ. Proc. 1.442,
2. Party Making Offer of Judgment: Plaintiff, KIMBERLEA BLOCKER,
("Plaintiff').
3, Party to Whom Offer of Judgment is Being Made: Defendant, COLLIER
COUNTY, a political subdivision of the State of Florida ("Defendant"),
4, Claims to be Resolved: This Offer of Judgment seeks settlement of all claims
instituted, or that could have been instituted, by Plaintiff against Defendant, and by Defendant
against Plaintiff in this action,
5. Total Amount of the Offer of Judgment: Plaintiff, KIMBERLEA BLOCKER,
shall pay Defendant the sum of FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00)
6.qan;J8 It2m No. 16K3
- April 14. 2009
Page 7 of 8
("Settlement Payment"); said payment to be made within TEN (10) calendar days following
Plaintiffs receipt of Defendant's written acceptance of this Offer of Judgment.
6. Non-Monetary Terms of tbis Offer of Judgment: Plaintiffs, KIMBERLEA
BLOCKER and JERRY B. BLOCKER, shall be allowed to submit the Shell Trailer Park for a
Site Improvement Plan pursuant to the Land Development Code of Collier County and shall
comply with all applicable procedures. The County shall satisfy and release the Code
Enforcement Board's liens against the Shell Trailer Park, and shall dismiss all proceedings to
enforce said liens. Within three (3) days of Plaintiffs receipt of Defendant's written acceptance
of this Offer of Judgment, Plaintiff and Defendant shall tile a Joint Stipulation for Dismissal of
this case.
7. Relevant Conditions: Defendant will dismiss the CEB proceedings, release the
liens and allow Plaintiff to proceed with the SIP proceedings as set forth in the Land
Development Code.
8, The Amount Offered to Settle a Claim for Punitive Damages, If Any: There
is no claim for punitive damages asserted by Plaintiff against Defendant. None of the amount set
forth in paragraph 6 is allocated to a claim for punitive damages. However, if accepted, this
Offer of Settlement would settle any punitiye damage claims that could have been instituted by
Plaintiff against Defendant in this action.
9. Wbether the Offer of Judgment Includes Attorney's Fees and Whether
Attorney's Fees are Part of the Legal Claim: This Proposal includes attorneys' fees claimed
by Plaintiff against Defendant, and by Defendant against Plaintiff, and this Offer of Judgment
includes waiying any claim for attorneys' fees and costs Plaintiff may have to assert against
Defendant, and Defendant against Plaintiff.
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Agenda Item No. 16K3
April 14. 2009
Page 8 of 8
10, Withdrawal: This Offer of Judgment may be withdrawn in writing provided that
such written withdrawal is delivered before a written acceptance is delivered. Once withdrawn,
the offer is yoid,
11. Acceptance: This Offer of Judgment is deemed rejected unless accepted by
delivery of a written notice of acceptance within THIRTY (30) days after service of the Offer of
Judgment.
12,
Inadmissible Settlement Communication:
This Offer of Judgment is
inadmissible pursuant to Fla. Stat. S 90,408 in any proceeding against Plaintiff and Defendant
other than as provided by Fla. Stat. S 768.79.
13. Service: This Offer of Judgment is being served via facsimile and First Class
U.S. Mail, and no oral communications shall constitute an acceptance, rejection or counter-offer,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy ofthe foregoing has been furnished by
U.S, Mail, addressed to: Jacqueline Williams Hubbard, Esq., Collier County Attorney's Office,
3301 Tamiami Trail East, Hannon Turner Bldg., 8th FL, Naples, FL 34112, JeffE. Wright, Esq.,
Assistant County Attorney, 3301 Tamiami Trail East, Harmon Turner Bldg., 8th Fl., Naples, FL
34112; and Patrick G. White, Esq., Porter Wright Morris & Arthur, LLP, , 5801 Pelican Bay
Blvd., Ste. 300, Naples, FL 34108-2709, this ~ day of March, 2009.
JONES, FOSTER, JOHNSTON & STUBBS, PA
Attorneys Jar Plaintiffs
505 South Flagler Dr., Suite 1100 (33401)
Post Office Box 3475
West Palm Beach, Florida 33402-3475
561-659-3000 (phone)
561-650-0422 (fax)
By:
P:\DOCS\25239\OOOOl\PLD\15101 I5.DOC
offer judgment kimberlca blocker 08 9355 bert harris case
Margaret L. ooper. Esq.
Florida Bar . 217948
mcooper@iones-foster.com
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