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Agenda 04/25/2023 Item #16K 4 (CAO to file a lawsuit on behalf of the BCC against Roy Garcia)04/25/2023 EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against Roy Garcia in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover $5,743.11 in damages incurred by the County for repairs to a foxtail palm, park bench and trash receptacle, plus costs of litigation. OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against Roy Garcia to recover damages in the amount of $5,743.11, plus costs of litigation. CONSIDERATIONS: On October 20, 2021, Roy Garcia was found at fault for a motor vehicle accident at the corner of Bayshore Drive and Gulfview Drive. In addition to causing property damage to another vehicle, Mr. Garcia also caused damage to County property including a foxtail palm, trash receptacle and six-foot bench at the bus stop located between 3275 Bayshore Drive and 3305 Bayshore Drive. It was determined that Roy Garcia did not have the proper insurance so collection against the individual is required to compensate the County for its damages. FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property & Casualty Fund. Filing fees, service and process fees total approximately $310.00. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: This item has been reviewed by the Office of the County Attorney, is approved as to form and legality and requires majority vote for approval. - CAK RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against Roy Garcia, in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for the repair of County property totaling $5,743.11, plus costs of litigation. PREPARED BY: Colleen A. Kerins, Assistant County Attorney Michael K. Quigley, Risk Management Division Director ATTACHMENT(S) 1. 2nd Request Demand letter Garcia (PDF) 2. DRAFT COMPLAINT Garcia (PDF) 16.K.4 Packet Pg. 2169 04/25/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.4 Doc ID: 25145 Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against Roy Garcia in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover $5,743.11 in damages incurred by the County for repairs to a foxtail palm, park bench and trash receptacle, plus costs of litigation Meeting Date: 04/25/2023 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Rosa Villarreal 04/05/2023 10:27 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 04/05/2023 10:27 AM Approved By: Review: Risk Management Michael Quigley Additional Reviewer Completed 04/05/2023 10:52 AM County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 04/14/2023 11:38 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/14/2023 3:52 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/17/2023 10:05 AM Office of Management and Budget Christopher Johnson Additional Reviewer Completed 04/17/2023 10:20 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 04/19/2023 9:47 AM Board of County Commissioners Geoffrey Willig Meeting Pending 04/25/2023 9:00 AM 16.K.4 Packet Pg. 2170 16.K.4.aPacket Pg. 2171Attachment: 2nd Request Demand letter Garcia (25145 : Authorize the County Attorney to file lawsuit against Roy Garcia to recover damages 16.K.4.aPacket Pg. 2172Attachment: 2nd Request Demand letter Garcia (25145 : Authorize the County Attorney to file lawsuit against Roy Garcia to recover damages 16.K.4.aPacket Pg. 2173Attachment: 2nd Request Demand letter Garcia (25145 : Authorize the County Attorney to file lawsuit against Roy Garcia to recover damages 16.K.4.aPacket Pg. 2174Attachment: 2nd Request Demand letter Garcia (25145 : Authorize the County Attorney to file lawsuit against Roy Garcia to recover damages 16.K.4.aPacket Pg. 2175Attachment: 2nd Request Demand letter Garcia (25145 : Authorize the County Attorney to file lawsuit against Roy Garcia to recover damages 16.K.4.aPacket Pg. 2176Attachment: 2nd Request Demand letter Garcia (25145 : Authorize the County Attorney to file lawsuit against Roy Garcia to recover damages 16.K.4.aPacket Pg. 2177Attachment: 2nd Request Demand letter Garcia (25145 : Authorize the County Attorney to file lawsuit against Roy Garcia to recover damages 16.K.4.aPacket Pg. 2178Attachment: 2nd Request Demand letter Garcia (25145 : Authorize the County Attorney to file lawsuit against Roy Garcia to recover damages 16.K.4.aPacket Pg. 2179Attachment: 2nd Request Demand letter Garcia (25145 : Authorize the County Attorney to file lawsuit against Roy Garcia to recover damages 16.K.4.aPacket Pg. 2180Attachment: 2nd Request Demand letter Garcia (25145 : Authorize the County Attorney to file lawsuit against Roy Garcia to recover damages 16.K.4.aPacket Pg. 2181Attachment: 2nd Request Demand letter Garcia (25145 : Authorize the County Attorney to file lawsuit against Roy Garcia to recover damages 16.K.4.aPacket Pg. 2182Attachment: 2nd Request Demand letter Garcia (25145 : Authorize the County Attorney to file lawsuit against Roy Garcia to recover damages 16.K.4.aPacket Pg. 2183Attachment: 2nd Request Demand letter Garcia (25145 : Authorize the County Attorney to file lawsuit against Roy Garcia to recover damages 16.K.4.aPacket Pg. 2184Attachment: 2nd Request Demand letter Garcia (25145 : Authorize the County Attorney to file lawsuit against Roy Garcia to recover damages 16.K.4.aPacket Pg. 2185Attachment: 2nd Request Demand letter Garcia (25145 : Authorize the County Attorney to file lawsuit against Roy Garcia to recover damages 16.K.4.aPacket Pg. 2186Attachment: 2nd Request Demand letter Garcia (25145 : Authorize the County Attorney to file lawsuit against Roy Garcia to recover damages 16.K.4.aPacket Pg. 2187Attachment: 2nd Request Demand letter Garcia (25145 : Authorize the County Attorney to file lawsuit against Roy Garcia to recover damages 16.K.4.aPacket Pg. 2188Attachment: 2nd Request Demand letter Garcia (25145 : Authorize the County Attorney to file lawsuit against Roy Garcia to recover damages [23-RMG-00754/1771208/1] IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA SMALL CLAIMS DIVISION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Plaintiff, v. Case No. ROY GARCIA, Defendant. ___________________________/ COMPLAINT FOR DAMAGES AND STATEMENT OF CLAIM COMES NOW, the Plaintiff, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter “the County”), by and through undersigned counsel, hereby sets forth its Complaint against ROY GARCIA for damages and negligence and states to the Court in support as follows: 1. This is an action for damages that exceeds $2,500.00 but does not exceed $15,000.00. 2. All events and occurrences set forth occurred and took place in Collier County, Florida. 3. Collier County is a political subdivision of the State of Florida. 4. At all times material, the Defendant, Roy Garcia, was sui juris and a resident of Lee County, Florida. 5. This Court has jurisdiction over all parties and venue is proper in Collier County, Florida, pursuant to home venue privilege and the accident in question occurred in Collier County, Florida. 16.K.4.b Packet Pg. 2189 Attachment: DRAFT COMPLAINT Garcia (25145 : Authorize the County Attorney to file lawsuit against Roy Garcia to recover damages incurred) [23-RMG-00754/1771208/1] 6. On October 20, 2021, Roy Garcia was operating a motor vehicle near the intersection of Bayshore Drive and Gulfview Drive in Naples, Florida. 7. Roy Garcia was traveling southbound on Bayshore Drive attempting to make a left hand turn into 3305 Bayshore Drive when his vehicle contacted the vehicle driven by Ronald Jean, who was driving northbound on Bayshore Drive in the outside lane. Following the impact with Mr. Jean’s vehicle, Roy Garcia’s vehicle damaged the trash receptacle, foxtail palm, and six-foot bench owned and maintained by the Plaintiff, Collier County. 8. Roy Garcia failed to use due care and caused property damage to Plaintiff’s property. 9. Roy Garcia had a duty to operate his vehicle in a reasonable, responsible and safe manner towards the public, in general, and towards any and all vehicles and property surrounding the area in which he was operating his vehicle. 10. Roy Garcia breached his duty and was negligent in failing to use due care when his vehicle struck County property. 11. As a result of the negligence of Roy Garcia, the County suffered property damage in the amount of $5,743.11 to repair the County owned and maintained property including a foxtail palm, trash receptacle and six-foot bench, plus statutorily accruing interest. The applicable invoices are attached hereto as “Exhibit A.” 12. Although requested to pay these damages, Roy Garcia has refused and continues to refuse to pay the damages, which necessitated the filing of this action. WHEREFORE, Plaintiff, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, demands judgment against the Defendant, Roy Garcia, for all aforementioned damages, pre- judgment interest, interest from the entry of judgment until paid, plus cost of litigation, and any further relief this Court deems just and proper. 16.K.4.b Packet Pg. 2190 Attachment: DRAFT COMPLAINT Garcia (25145 : Authorize the County Attorney to file lawsuit against Roy Garcia to recover damages incurred) [23-RMG-00754/1771208/1] COLLIER COUNTY, FLORIDA By: _________________ _____ COLLEEN A. KERINS, ESQ. Florida Bar No. 91752 Collier County Attorney’s Office 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112-5746 Telephone: (239) 252-8400 Facsimile: (239) 252-6300 Counsel for Plaintiff COLLIER COUNTY colleen.kerins@colliercountyfl.gov rosa.villarreal@colliercountyfl.gov marian.rhyne@colliercountyfl.gov 16.K.4.b Packet Pg. 2191 Attachment: DRAFT COMPLAINT Garcia (25145 : Authorize the County Attorney to file lawsuit against Roy Garcia to recover damages incurred)