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Agenda 05/24/2016 Item #10B Proposed Agenda Changes Board of County Commissioners Meeting May 24,2016 Add On Item 10B: To direct the County Attorney to file a motion to intervene and a motion for rehearing in the case of Liberty Concrete v. BQ Concrete and Dwight Brock, Clerk of Courts as Garnishee (15-CA-1603) by the May 25, 2016 deadline for the reasons listed under the attached considerations, upon granting of the rehearing to file a motion to vacate the judgment, and to direct the Clerk to recover the County funds wrongly paid by him to Liberty Concrete in the above action. (Commissioner Hiller's request) Move Item 16D4 to Item 11E: Recommendation to approve the acceptance of State Housing Initiatives Partnership Program FY16/17 allocation in the amount of$2,183,568, sign the Fiscal Year 2016-2017 Funding Certification and approve the necessary budget amendment. (Commissioner Fiala's request) Move Item 16D13 to Item 11F: This item continued from the May 10, 2016 BCC Meeting Recommendation to approve First Amendment to the Subrecipient Agreement with Habitat for Humanity of Collier County,Inc., to shift remaining project delivery funds between line items in order to fully expend remaining awarded funds for acquisition. There is no net fiscal impact. (Commissioner Fiala's request) Add On Item 16E10: Recommendation to extend contract#11-5606 with CenturyLink "Telecommunications Voice and Data Services." (Staff's request) Continue Item 16F1 to the June 14,2016 BCC Meeting: Recommendation to award Invitation to Bid (ITB) #16-6644, for Lake Aeration for Pelican Bay to DeAngelo Brothers, LLC d/b/a Aquagenix ("Aquagenix") for$97,200 under Project# 50108, "Lake Aeration for Pelican Bay." (Staff's request) Item 16J2: That the Board makes a finding that the expenditures contained in this report serve a valid public purpose and authorizes the Clerk to make disbursement. +-me Teresa L. Cannons From: Brock, MaryJo Sent: Monday, May 23, 2016 4:49 PM To: DLCOMM; Ochs, Leo; Klatzkow,Jeff; Casalanguida, Nick; BrownleeMichael; Flanagan, Jim; HazewinkelColby; Smith, Camden; SwiftAisling;WillerSpectorLee; Minutes and Records; Neet, Virginia Cc: Brock, MaryJo Subject: Add On Item 10B Attachments: Executive Summary Add On Item 10B.pdf; Final Judgment of Garnishment.pdf;Agreed Amended Final Judgment of Garnishment.pdf; Satisfaction of Judgment of Garnishment.pdf;April 12 2016 Transcript Abbreviated.pdf; Check Information.pdf; Expanded Invoices to be Approved.pdf; Liberty Invoice October 11 2014.pdf; Liberty Invoice February 9 2015.pdf; BQ Concrete Credit Labeled A B C D and E.pdf;April 12 2016 Transcript.pdf; Florida Statutes 77.15.pdf; Florida Statutes 125.15.pdf; Florida Statutes 77.07.pdf; Florida Statutes 125.01.pdf; Rule 1.230.Interventions.pdf Good afternoon, Attached please find Add On Item 10B to be included on the May 24, 2016 BCC Agenda. Thank you, MJ Mary-Jo Brock - Executive Assistant to Leo E.Ochs,Jr. - County Manager's Office maryjobrock@colliergov.net 239.252.8364 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Add On Item 10B May 24, 2016 EXECUTIVE SUMMARY To direct the County Attorney to file a motion to intervene and a motion for rehearing in:the case of Liberty Concrete v.BQ Concrete and Dwight Brock,Clerk of Courts as Garnishee(15-CA-1603) by the May 25, 2016 deadline for the reasons listed under the attached considerations, upon granting of the rehearing to file a motion to vacate the judgment,and to direct the Clerk to recover the County funds wrongly paid by him to Liberty Concrete in the above action. OBJECTIVE: To direct the County Attorney to file a motion to intervene and a motion for rehearing in the case of Liberty Concrete v. BQ Concrete and Dwight Brock, Clerk of Courts as Garnishee (15-CA-1603) by the May 25,.2016 deadline for the reasons listed under the attached considerations,upon granting of the rehearing to file a motion to vacate the judgment,and to direct the Clerk to recover the County funds wrongly paid by him to Liberty Concrete in the above action. CONSIDERATIONS: BQ Concrete("BQ")billed the County for the construction of 8 concrete bins and was paid in full by the Clerk of Courts("Clerk"). Liberty Concrete("Liberty"),BQ's subcontractor,claimed that it had,not been paid in full by BQ for the work it performed. Liberty sued BQ for its unpaid balance, and sought to garnish the amount owed through a writ of garnishment levied against the Clerk. Subsequent to the hearing held on March 31, 2016, the court on April 20, 2016 first issued an order and on May 10, 2016 issued an amended order for entry of judgment against the Clerk as garnishee for the amount claimed by Liberty. The Clerk disbursed county funds to Liberty without BOCC approval on May 12,2016. Liberty filed a satisfaction of judgment. The judgment against the Clerk should be vacated for the reasons stated below: 1. Liberty Concrete filed a Writ of Garnishment against the Clerk of Courts, naming the Clerk as garnishee with respect to $44,788 in County funds which it described as BQ Concrete property. The Clerk filed an answer stating the BOCC had an ownership interest in these funds. Based on this disclosure, Liberty had a duty to file a Writ of Garnishment against the BOCC on behalf of Collier County. (See 77.15 F.S.) Liberty failed to do so. As such, the BOCC had no notice of the garnishment action against the County's funds. In addition, the Clerk failed to inform the BOCC of the garnishment action. The BOCC is an indispensible party since it owns theproperty in question in the name of the County. Further,only the BOCC can sue or be sued in the name of the County(See 125.15, 125.01(1)(6)F.S.) 2. Because the BOCC is an indispensible party to Liberty's garnishment action,the presiding judge has an obligation to recuse himself. There is a standing order that provides the presiding judge shall not be involved with any matter involving Collier County. As such,this matter needs to be reassigned to a new judge. 3. The Clerk of Courts, when served with Liberty Concrete's Writ of Garnishment, had a duty to defend against the garnishment by filing a motion to dissolve the writ. (See 77.07 F.S.) The Clerk had a duty to defend since the Clerk knew that: A. The outstanding, unpaid BQ invoices submitted to the County are contingent liabilities owed by the County to BQ pending the outcome of the ongoing FDLE Add On Item 106 May 24, 2016 investigation of BQ Concrete. These invoices do not constitute BQ property in the County's control. B. The Clerk's own internal audit report to the BOCC on April 12, 2016 alleged that the County had been defrauded by BQ, that BQ had padded its invoices and overbilled the County. Notwithstanding having pre-audited these invoices, the Clerk paid BQ's supposedly padded invoices. Given the internal audit findings, the Clerk then concluded that BQ owed the County for these overpayments, including treble damages. The overpayment of County funds to BQ results in a contingent County receivable as an offset to the contingent BQ liability described in(A)above. C. The Liberty invoice submitted as evidence in the garnishment hearing was clearly overstated, charging for 10 instead of 8 bins. The Clerk had possession of the same Liberty invoice for months prior to the garnishment hearing. As such, the amount Liberty was seeking to garnish was overstated. As a result of the Clerk knowing these facts, the Clerk had a duty to defend against the garnishment by asserting that the BOCC did not have control of BQ property,that the amount sought to be garnished was inflated, and that the BOCC was an indispensable party in the suit. In the interest of candor, the Clerk might have also considered informing the court that Buddy Quarles, BQ's registered agent and principal, was deceased and for that reason Mr. Quarles failed to appear at the hearing. The Clerk did not do so. 4. The Clerk of Courts filed a Payables report on May 10,2016 as part of the BOCC's agenda. The Payables report's vendor list (dated P/E 5/4/2016) included 5 invoices payable to Buddy Quarles, totaling $51,993.46 Importantly, neither the Payables report, nor the Disbursement report lists Liberty Concrete, nor Liberty's attorneys as vendors to be paid by the County. Further, the BOCC did not knowingly approve payment to any of the vendors listed(including Buddy Quarles)on the Payables report. Notwithstanding that the BOCC did not authorize payment to Liberty Concrete, that the FDLE investigation is ongoing, that the Clerk alleged that BQ committed fraud by overbilling the County and owed the County funds including treble damages, the Clerk nonetheless paid Liberty $44,961 (which included Liberty's legal fees and costs). The Clerk paid Liberty as if there was no pending criminal investigation; as if the Clerk's allegations of overbilling did not exist. The Clerk modified BQ's subsequent invoices, relabeling them as credit memos in an attempt toprovide justification for the improper payment the Clerk tendered to Liberty. The Clerk cannot authorize payment of County funds unilaterally without BOCC pre-approval. The authority to authorize spending of County funds, a discretionary decision, is reserved to the BOCC per Florida statute. (See 125.01(r) F.S.) The Clerk usurped the BOCC's authority by spending County funds on Liberty Concrete without the BOCC knowingly pre-approving, as also required by the County's Purchasing ordinance. The BOCC has a duty to recover the County funds improperly paid to Liberty by the Clerk and direct the Clerk to do so on the BOCC's behalf. Until the conclusion of the pending FDLE investigation, the BOCC will not know to what extent the County has or has not been defrauded. It is recommended that the BOCC direct the County Attorney file a Motion for Rehearing in the Liberty garnishment case and seek to vacate the judgment. In the absence of vacating the judgment and recovering the $44,961 wrongly paid by the Clerk to Liberty, the County will have overpaid and also paid twice for work performed since BQ was already paid in full for the project and Liberty's invoice (as submitted to the court)is overstated. It should be noted that the Clerk's Internal Audit Manager acted as the Clerk's attorney in the garnishment action and failed to defend against the garnishment when he knew or should have known that Liberty's invoice was overstated and that BQ's allegedly overstated invoices could result in BQ owing the Add On Item 10B May 24,2016 County rather than the County owing BQ, pending the outcome of the ongoing FDLE investigation. Whether, his duty to audit BQ and Liberty creates a conflict in the Internal Audit manager's role as counsel for the Clerk is a question worth addressing, and, whether the Clerk or others in his office may have a relationship with Liberty Concrete should also be addressed to ensure there are no other potential conflicts of interest as between the Clerk's office,the BOCC,BQ and Liberty. Lastly, at the April 12,2016 and the May 10,2016 BOCC meetings,the Clerk failed to inform the BOCC of the garnishment action against him. The Clerk had a duty to disclose, and his failure to be forthcoming to the Board is of concern since it compromised the Board's ability to take action in the public's best interest. Had the Clerk timely notified the BOCC, this matter would not be before the Board at the 1 lth hour given the May 25, 2016 deadline for rehearing. Intervening at this juncture is necessary to protect the County's property. FISCAL IMPACT: Recovery of$44,788 improperly paid without authorization and without proof of the legality of the expenditure by the Clerk of Courts to Liberty Concrete, to avoid double payment for services rendered to the County and payment of what is possibly an illegal expenditure. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality,and requires majority vote for approval. -JAK RECOMMENDATION: To direct the County Attorney to file a motion to intervene and a motion for rehearing in the case of Liberty Concrete v.BQ Concrete and Dwight Brock,Clerk of Courts as Garnishee (15-CA-1603) by the May 25, 2016 deadline for the reasons listed under the attached considerations, upon granting of the rehearing to file a motion to vacate the judgment,and to direct the Clerk to recover the County funds wrongly paid by him to Liberty Concrete in the above action. • * PREPARED BY: V `ili'' Date: J IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT STATE OF FLORIDA IN AND FOR COLLIER COUNTY, CIVIL ACTION LIBERTY CONCRETE&MASONRY,INC., A Florida Corporation, Plaintiff, Case No.:is-CA-16o3 v. B.Q.CONCRETE,L.L.C., A Florida Limited Liability Company, Defendant, i , , '-- and -and r r) `: .t1 DWIGHT E.BROCK,as Clerk of the -_ ., Circuit Court and Comptroller of :«.-_, Collier County,Florida, ca Garnishee. i F ,MFNT QF GARNISHMENT THIS CAUSE having come before the Court on March 31, 2016, at a duly noticed hearin and the Court having considered the argument of:counsel, and being fully g� advised in the premises,it is hereby ORDERED AND ADJUDGED: i. Pursuant to a contract between the political subdivision of Collier County, Florida(hereinafter"County")and Defendant B.Q.CONCRETE,LLC(hereinafter"BQ"), the Garnishee, DWIGHT E. BROCK, as Clerk of the Circuit Court and Comptroller of Collier County,Florida,3299 Tamiami Trail East,Ste.402,Naples,FL 34112(hereinafter "Clerk"),has received invoices from BQ totaling in excess of$220,000.00. 2. The Clerk has sequestered sufficient County funds to pay the invoiees from BQ (hereinafter "Invoices"), and the Clerk, in conjunction with the Board of County Commissioners (hereinafter "BOCC"), is in the process of investigating the Invoices to Page Iof3 determine whether all or part of them are due and payable. 3. In the absence of formal approval of the Invoices by both the Clerk and Board of County Commissioners(hereinafter"BOCC"),none of which have occurred,the Clerk is not authorized to make any payments to BQ at this time. 4. The Clerk shall exercise all reasonable diligence in completing; its investigation of the Invoices, and if it determines payment is due, it shall exercise the same diligence facilitating authorization for payment from the BOCC. 5. If at any time hereafter the BOCC and the Clerk formally approve any of the Invoices, , the Court finds that for purposes of this Plaintiffs Writ of Garnishment only, the County's obligation to pay BQ relates back to the date the Plaintiffs Writ of. Garnishment was served on the Clerk,and before paying BQ,or any other creditor of BQ, the Clerk shall payto the Plaintiff, LIBERTY CONCRETE &MASONRY, INC., 6775 Old Banyan Way, Naples, Florida 34109, the sum of $42,081.04, plus costs of $210.80, attorney's fees of $1.800.00, and interest of $86o.36 (with a per diem of $5.48/day),for a total of$44,961.25,said amounts heretofore withheld pursuant to the Writ of Garnishment and set aside pursuant to Garnishee's Answer. 6. Plaintiff shall furnish, Dwight E. Brock, Clerk of the Circuit Court,and Comptroller of Collier County with a Satisfaction of Judgment in Garnishment when the i Judgment,including all costs and interest,is paid in full;and A. B.Q. Concrete, L.L.C. with a Satisfaction of Judgment when the Judgment,including all costsand interest,is paid in full;and - B. The Court-with copies of the Satisfactions,if any. FOR WHICH LET EXECUTION ISSUE FORTHWITH. Page 2 of 3 • DONE and ORDERED in chambers, at Naples, Collier County, Florida on this c4O day of April 2016. HON B HUG YES CIRCUIT COURT JUDGE i Copies to: Anthony M. Lawhon,Esq. James D. Molenaar,Esq. B.Q.Concrete, L.L.C.,6017 Pine Ridge Road, #329,Naples,FL 34109 Page 3 of 3 { IN.THE CIRCUIT COURT OF THE TWENTIETH.JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, STATE OF FLORIDA CIVIL ACTION LIBERTY CONCRETE&MASONRY,INC., A Florida Corporation, Plaintiff, v. Case No.: 15-CA-16o3 B.Q. CONCRETE,L.L.C., A Florida Limited Liability Company, Defendant, • and DWIGHT E. BROCK, as Clerk of the Circuit Court and Comptroller of Collier County,Florida, Garnishee. AGREED AMENDED FINAL JUDGMENT OF GARNISHMENT THIS CAUSE having come before the Court on March 31, 2016, at a duly noticed hearing, and the Court having considered the argument of counsel, and being fully advised in the premises,it is hereby ORDERED AND ADJUDGED: 1. Pursuant to a contract between the political subdivision of Collier County, ' Florida(hereinafter"County") and Defendant B.Q. CONCRETE, LLC(hereinafter"B(2"), the Garnishee, DWIGHT E. BROCK, as Clerk'of the Circuit Court and Comptroller of Collier County,Florida,3299 Tamiami Trail East,Ste.402,Naples,FL 34112(hereinafter "Clerk"),has received invoices from BQ totaling in excess of$220,000.00. 2. The Clerk has sequestered sufficient County funds to pay the invoices from BQ (hereinafter "Invoices"), and the Clerk, in conjunction with the Board of County Commissioners (hereinafter "BOCC"), is in the process of investigating the Invoices to Page 1 of 3 FIL£IiC5/ilf 1511 l I ierrCo y + determine whether all or part of them are due and payable. 3. In the absence of formal approval of the Invoices by both the Clerk and Board of County Commissioners(hereinafter"BOCC"),none of which have occurred,the Clerk is not authorized to make any payments to BQ at this time. 4. The Clerk shall exercise all reasonable diligence in completing its investigation of the Invoices, and if it determines payment is due, it shall exercise the same diligence facilitating authorization for payment from the BOCC. 5. If at any time hereafter the BOCC and the Clerk formally approve any of the Invoices, , the Court finds that for purposes of this Plaintiffs Writ of Garnishment only, the County's obligation to pay BQ relates back to the date the Plaintiff's Writ of Garnishment was served on`the Clerk,and before paying BQ,or any other creditor of BQ, the Clerk shall pay to the Plaintiff, LIBERTY CONCRETE &MASONRY, INC., 6T75 Old Banyan Way, Naples, Florida 34109, the sum of $42,o8z.o9, plus costs of $219.80, attorney's fees of $1.800.00, and interest of $86o.R6 (with a per diem of i $5.48/day),for a total of$44;961.25,said amounts heretofore withheld pursuant to the Writ of Garnishment and set aside pursuant to Garnishee's Answer, and which shall continue to bear interest at`the statutory rate until paid. 1 6. Plaintiff shall furnish, Dwight E. Brock, Clerk of the Circuit Court-and Comptroller of Collier County with a Satisfaction of Judgment in Garnishment when the Judgment,including all costs and interest,is paid in full;and A. B.Q. Concrete, L.L.C. with a Satisfaction of Judgment when the Judgment,including all costs and interest,is paid in full;and B. The Court with copies of the Satisfactions,if any. t t FOR WHICH LET EXECUTION ISSUE FORTHWITH. I Page 2 of 3 1 1 r DONE and ORDERED in chambers, at Naples, Collier County, Florida on this /0 day of May,2016. HON B1 HUf l . . CIR COURT JUDGE Copies to: Anthony M.Lawhon,Esq. James D.Molenaar, Esq. B.Q.Concrete,L.L.C., 6017 Pine Ridge Road, #329,Naples,FL 34109 6 6y/e5/evit-eAeu.4 v/ _ _ • _ Page 3 of 3 Filed 5/13/2016 2:4 PM. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT • IN AND FOR COLLIER COUNTY,STATE OF FLORIDA CIVIL ACTION LIBERTY CONCRETE&MASONRY,INC., A Florida Corporation, Plaintiff, vi. Case No.: 15-CA-1603 B.Q.CONCRETE, L.L.C., INSTR 5265545 OR 5272 PG 3631 A Florida Limited Liability Company, RECORDED 5/13/2016 224 PM PAGES 2 DWIGHT E.BROCK, CLERK OF THE CIRCUIT COURT Defendant, COLLIER COUNTY FLORIDA REC$18.50 and — _.— . — — --- — I DWIGHT E. BROCK,as Clerk of the Circuit Court and Comptroller of Collier County,Florida, Garnishee. SATISFACTION OF JUDGMENT OF GARNISHMENT Plaintiff LIBERTY CONCRETE & MASONRY, INC., by and through Plaintiffs attorney of record, owner and holder of an Amended Final Judgment of Garnishment, entered in the above-captioned civil action:air1nst DWIGHT E. BROCK, as. Clerk of the Circuit Court, entered May 10, 2016, acknowledges that all sums due under it have been fully paid and that Amended Final Judgment is hereby canceled and satisfi-•lel record. DATED on May 12,2016. Jeff ITV ein,Esq. Flori• • Bar No.626554 ANTHONY M.LAWHON,P.A. Attorneys Plaintif. Liberty_--_-- -- - Concrete&Masonry,Inc. 5625 Strand Boulevard,Suite 512 Naples,Florida 34110 Telephone: 239.325.8956 Facsimile:239.236.3300 jeffbluesteinPlawhonlaw.us • STATE OF FLORIDA COUNTY OF COLLIER SC'_r ' ANA SWORN TO BEFORE ME on C , 1 �(� by 410. �I QPM t� air\ ,, Notary Public, S ••e of_Ion a• CATHY L.RAY * • Commission#FF 957022 Expires February 14,2020 4'4 &imam.rmyki.Immo,MUM* (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced i . . • Law Office of Tony. Lawhon q01111°, Cm- 1 Litigation Construction Law Appeals Copyright Law • May 6, 2016 Af4)-‘ • , ) •; r.) Honorable Hugh D. Hayes A 07 • Collier County Government Complex 3315 Tamiami Trail East,Suite 403 Naples,FL 34112 Re: Liberty Concrete&Ma.sonary v.B.Q. Concrete,LW Case No.:15-CA-1603 • Dear Judge Hayes: Enclosed please find Agreed Amended Final Judgment on Garnishment • regarding the above-captioned matter. The Clerk of Court has approved the Order today by telephone and the only change is at the end of Paragraph 5 where • it provides for statutory interest to continue accruing after entry of the Garnishment Judgment. Therefore, should same meet, with your Honor's approval,kindly execute the Judgment and forward onto the respective parties • • Thank you for your time and consideration in this matter. Sincerely, • ANTHONY M. LAWHON,PA -111. rt. , J- lestein,Esq. For the Firm Enclosures • einal.14oJanieSji:!tagikitoaliditrear. .:•: • . . . -. • . 145:4. $&;4v-;'1".,'"'• •!`. ' • . • • : • 4 11.4,4,4 . 1 • . -; '44,FrtF " &;1, . it April 12, 2016 MR. CASALANGUIDA: And sir, what my understanding is in going back is that BQ said that these people work for me whether they're 1099 or laborers. And the other gentleman, I think his name is -- Dwight, is it Billy Summers? Said I don't work for them, rm an independent contractor. And that was the dispute. So we said to BQ, p that theywork for you. if they work for you, sign an affidavit saying andcheck 1099's or Because we don't go into their personal records I have done the what they do. And he brought an affidavit in and said, work per the contract, and he signed that. So that was — COMMISSIONER HENNING: So what's the resolution on that particular invoice? We can't pay BQ for it because they didn't do the work. They falsified documents and submitted it to the county saying that they did do work. So what's the resolution for Liberty Concrete? MR. CASALANGUIDA: Sir, I'm not going to jump the County Attorney, but I think it would be court. If the prime contractor vendor says, I did the work -- COMMISSIONER HENNING: Right. MR. CASALANGUIDA: -- I'm the one who you have the contract with and I signed that affidavit and yet someone who worked underneath them says, wait a minute,I'm a subcontractor, I did th e work, that becomes a fight outside of the four corners of the county. That becomes a private fight, not ours. We received the goods an servicCOe. MMISSIONER HENNING: But is that the right thing? COMMISSIONER HILLER: Wait a minute. Isn't Liberty your friend. Or is -- Crystal, is it you or Dwight who are friends with the owner of Liberty? = _ _.__ _ .__ _ _ - _ _ - Are you friends with the owners of Liberty COMMISSIONER HENNING: No, I'm not done yet. MS. KINZEL: You know, Commissioner Hiller, that's really interesting that that rumor-- I've never laid eyes on Bobby Tatum until Page 192 April 12, 2016 he filed the complaint about BQ Concrete not paying- COMMISSIONER HILLER: Nobody's friends? I MS. KINZEL: No, ma'am. And to make those kinds of accusations on the record are } unreasonable, so -- CHMRMAN FIALA: Let's get back to Commissioner Henning's questioning, please. COMMISSIONER HENNING: What's the resolution on that?. CHAIRMAN FIALA: One thing at a time. CLERK OF COURTS BROCK: Commissioner, look at -- COMMISSIONER HENNING: Let me ask -- COMMISSIONER HILLER: I believe Liberty sued -- COMMISSIONER HENNING: -- Jeff Klatzkow. CHAIRMAN FIALA: Wait just a minute. Let's -- COMMISSIONER HILLER: -- BQ. CHAIRMAN FIALA: Ma'am, let's listen to Commissioner Henning, please. COMMISSIONER HILLER: Liberty sued BQ. CHAIRMAN FIALA: We'll hear from Commissioner Henning. COMMISSIONER HENNING: . Jeff? MR. KLATZKOW: If we had withheld payment from BQ so that the county-didn't pay for the work and Liberty comes in and says listen, we're the ones who did the work, ultimately I think the fair thing would be then you'd probably want to run it through a court just to make sure this entire dispute was taken care. The ultimate result would be Liberty should be paid if they did the work. -- so we have COMMISSIONER HENNING: Well, yeah, that'sinvestigations going on by different agencies on defrauding government that needs to be settled first. Would that be the correct order? MR. KLATZKOW: You've got two separate issues. The work Page 193 April 12, 2016 was done, okay. So let's say the value of the work was $25,000. BQ invoices us for 100,000, okay. We have a separate issue with BQ as far as the fraud goes, but ultimately the work got done. But ultimately I would bring suit, I would name both BQ and - Liberty and, you know, let the court decide whether or not Liberty should get paid and then be done with it. COMMISSIONER HENNING: Well, does anybody have any objections of doing that? COMMISSIONER HILLER: Yes. Can I speak? COMMISSIONER HENNING: Besides Commissioner Hiller, does anybody have any objections to getting Liberty paid? COMMISSIONER HILLER: Yes, Liberty has already filed:suit. As I understand, Liberty filed suit against BQ and has a judgment against BQ. And I'm not -- and Liberty also hasn't provided evidence that they did do the work. In fact, I think that was one of the issues, they didn't produce time cards, evidence of payment. There's no -- there is -- other than their claim that they have done it, we're again in a situation where there's no proof. MR. KLATZKOW: Commissioner the issue is whether we paid BQ or not. I don't know if we paid BQ. COMMISSIONER HILLER: Did you pay BQ? CLERK OF COURTS BROCK: Yes, we paid BQ. MR. KLATZKOW: Well, that's the end of the discussion. COMMISSIONER HILLER: That's the end. MR. KLATZKOW: Because then Liberty's - COMMISSIONER HENNING: Yeah, but what about Coastal? Did BQget paid for $25,000? They did. CLERK OF COURTS BROCK: ods head affirmativel CN Y.) . . COMMISSIONER HENNING: So we'd have to go after BQ to recoup that money. Okay. COMMISSIONER HILLER: And that's the improper payment Page 194 April 12, 2016 that the Clerk made. • Display Check Information © ]Check recipient Check issuer... Hi Accompanying docs [Payment document Paying company code lnnn? 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P.O.Box 111330 Naples,FL 34108 Date Invoice# j t o/112014 97 Beit To B.Q.Concrete&Construction Fax:354-4438 ATCN:BiU Summers • P.O.No. Terms Project Item Description Er'Acrd Prior Amt Prior% O1y Rate J Arnodnt 04 Concrete Colfrer County Sand&Rock Bins on 130,288.00 130,238.00 130,2118.00 Davis Blvd Naples,FL: Labor, Material&Equipment to form&pour slab with footers.Walls 6'high 8". (2)Bays 30'8"x 45'.(8)Bays 20'x25' end(1)stab 10'x 10'a 4" 1 t For thcSan of: Total 3130,288.00 Payments/Credits 490,003.00 Balance Due. s40s88.m0 Liberty Concrete&Masonry, Inc. Invoic P.O.Box 111330 Gate Invoice_# Naples,FL 34108 2!92015 105 Bill To • B.Q.Concrete&Construction Fax:354-458 ATTN:8111 Summers P.O.No. Terms Project Quantity Description Rate Amount Collier County Sand&Rock Birds:Labor,Material&Equipment to form&pour slab 130,288.00 130,288.t with footers.Walls 6'high x 8'.(2)Bays 30'8"x 45'.(8)Bays 20'x 25'and(l)slab 10' x 10'x 4'.Contract Price dated 8/11/14 Extra Man hours Labor and insurance:20(,'►$22.50 4,500.00 4,300.01 Draw Request Nl received 10/30114 -80,000.00 40,000.0 Draw#2 Received 1114115 10,000.00 -10.000.01 Balance Due - Phone 11: Fax# E-mall Total 544,788 0 • 239-598-9518 239-597-9060 Libcrty_Coacrcic@yahoo.corn 31-75?1 \oa4 3 tefit BQ Concrete LLC invoice 6017 Pineridge Rd.#329 FL 34119 Date Invoice# 4/6/2015 N295e. BBI To Road&Bridges Travis Gossard 4800 Davis blvd. Naples,FI 34104 - USA • P.0_No. Terms Project 4500154206 Net 45 Daps- , Item Description Est Amt Prior Arnt Prior% Qty U/M Rate Curr% Total% Amount 436 436 7.776.00 216 sqyd 36.00 100.00% 100.00% 7,776.00. , Removal&Disposal of Concrete Late Fee Late Fee for not completing -777.60 -10.00% 100.00% 100.00% -777.60 project on time 437 437 15120.00 216 sgyd 70.00 100.00% 100.00% 15120.00 Installation of Concrete Late Fec Late Fee for not completing -1.512.00 -10.00% 100.00% 100.00% .1,512.00 project on tune reh Kfaea al4 614 CA iS J‘ a /JJ' IiLr 1 �'!C/ GSC kJ it 10 \/ - J -s, -/- e tr�'�J RM 418434 Vineyards Blvd. Total S20,606.40 Payments/Credits so.00 Balance Due 20,606.40 'x("7571 BQ Concrete LLC axe 6017 Pineridge Rd.#329 FL34119 Date Invoice# 4/6/2015 8298 elm Bill To Road&Bridges Travis Gossard 4800 Davis blvd. Naples,Fl 34104 USA P.O.No. Terms Project 4500154206 Net 45 Days Item Description Est And Prior Amt Prior% Oty UN Rate Curr% Total% Amount • 1136 #36 6.984.00 194 sqyd 36.00 100.00% 100.00% 8.984.00 i Removal&Disposal of Concrete Late Fee Late Fee for not completing -698.40 -10.00% 100.00% 100.00% -698.40 project on time #37 #37 13580.00 194 sqyd 70.00 100.00% 100.00% 13580.00 Installation of Concrete Late Fee Late Fee for not completing -1.358.00 -10.00% 100.00% 100.00% -1,358 00 project on time rh rt L ay / �=h S e�` q1-4C-76-1/1 s� n b /i'Ie � �Q � Q is e� h ir; � tr h `i/tic � liU�� ssu:s m � , G -) erskil /40- RM 018436 Vineyards Blvd. Total 518,507.60 Payments/Credits so.00 Balance Due 4,518,507.61 eiarti(r BQ Concrete LLC ce 6417 Pineridge Rd.#329 FL.34119 Date invoice# 5/12/2015 11310! V% 4 30576, Bill To Road&Bridges Travis Gossard 4800 Davis blvd. Naples,Fl 34104 USA P.O.No. Terms Project 4500154206 Net 45 Dais Item Description Est Amt Prior Amt Prior% Qty UIM Rate Curr% •Total% Amount 036 036 1,234.80 34.3 sqyd 36.00 100.00% 100.00% 1.234.80 Removal&Disposal of Concrete . Late Fee Late Fee for not completing . . -10.00% -123.48 project on lime 4'37 #37 2.401.00 34.3 sqyd 70.00 100.00% 100.00% 2.40L00 Installation of Concrete Late Fee Late Fs=for not completing -10.00% -240.10 project on time foi (- a o�g 'Ln U'. a/nrt d�iJ�'tr t 4V1'/ 155t1e (Ia 171eill' I e 6'77 tith' Cij 4. y t OfJ �v a roc J f` 2 sass re), RM 018504 Vineyards Blvd. Total $3,272.22 Payments/Credits so.00 Balance Due /S3.272:22` �� BQ Concrete LLC invoice 6017 Pineridge Rd,#329 FL 34119 Date Invoice# 1 5/13/2015 : 1/3150,1k ) 3175rPf Bin To Road&Bridges Travis Gossard 4800 Davis blvd. Naples,Fl 34104 USA P.O.No. Terms Project 4500154206 Net 45 Days - T Item Description Est Amt Prior Amt Prior% Qty U/M Rate Curr% Total% Amount #36 #36 1.810.80 503 sqyd 36.00 100.00% 100.00% ),810.80 Removal&Disposal of Concrete Late Fee Late Fee for not completing -10.00% -181.08 project on time #37 #37 3,521.00 50.3 sqyd 70.00 100.00% 100.00% 3.521.00 Installation of-Concrete Late Fee Late Fee for not completing -10.00% -352.10 project on time 614 t G 0A...4 tee S QrYt bkr)ail ��a�� '4442.7— vf l' / t / j7 //,,,V,,'// J S Salt 6. /176-/ 13 baa 4770/a,/� Cur rL t� ifL w 7, „-.--iii -- d„.0/(1.- A a PC,/- if/QO co,\S-01-3-- RM#18510 Vineyards Blvd, Total $4,7988.62 Payments/Credits moo Balance Due j4 798.62 4 �, f . BQ Concrete LLC. 6017 Pineridge Rd.#329 Data Invoice t8 FL 34119 C 5/13/2015 1/317°1/317°A...317 . G 3I757S' Bill To Road&Bridges Tmvis Gossatd 4800 Davis blvd Naples,Fl 34104 USA. P.O.No. Terms Project 4500154206 Net 45 Days Quantity Description U/M Rate Amount 503 036 sqyd 36.00 1.810.80 Removal&Disposal of Concrete Late Fee for not completing project on time -10.00% 181.08 503 037 sqyd 70.00 3,521.00 Installation of Concrete Late Fee for not compkting project on time -10.00% -352.10 L L 1s'Ir da r77I`t fkrne n r 1� (cryl C / (ce G� t I IA3it JSSue a men /,Jec arrafC Q 6iceC� a fe RM 111851 Vineyards Blvd. Total 4S4.798.62') April 12, 2016 us that they performed 100 percent of the work and that BQ did none. Now, let's remember where this particular structure is located. This is right behind the administration building of the road department. Next. Mr. Billy Summers came in here and indicated to you, in this room, on these particular invoices we've done 100 percent of the work. 20 years we've worked for you guys. Every single one of them have been approved by Travis Gossard. They walked every single job. Next. This is the invitation for bid that includes the provision that only -- the contractors could only sub out no more than 20 percent. Next. This is the provision that provides for how they would be paid. Each awardee will provide complete services for the county (sic) as needed basis and may be required by the owner in accordance with terms and conditions of ITP. That's the invitation to bid for this work for 125975974R. Next. Next. Now, this is the invoice that was providedto the Clerk's Office by Liberty Concrete for the work that they performed on this particular project, for $130,288. Next. This is an excerpt from the contract as to how they will be paid. Payments will be paid made to the contractor based upon the pricing identified in this exhibit, which is the exhibit that was used in the ITB for evaluating the contractors_and accepting the bid. The following terms shall apply: Line item one through 52 was materials of equipment; line items 54.through 80 was miscellaneous concrete work and all materials cost. Next. Page 170 April 12, 2016 This is an invoice representing the detailed charges that were submitted to the Clerk's Office requesting payment. Now, let me explain to you how this comes into my office. This particular document is sent to us by the vendor through an electronic, system. And you'll notice they itemized miscellaneous concrete installation. And they indicated that they used 112,385 thousandths of a yard. They must have been measuring it with a teacup. In addition to that they charged us, pursuant to the terms of the contract, for construction foreman, equipment operator, laborer,track and wheeled excavator, concrete pump truck. Liberty Concrete advised us -- or the individual that was the owner of Liberty Concrete, Bobby Tatum, advised usthat he never provided any of that type of information to BQ Concrete. Next. Here are the provisions right out of the ITB, 51 through 58 and 60 through 69, which correspond to the items that they billed the county for. Go back one. Okay, if you notice on the invoice they have the.P.O. That's the P.O. number provided by the county. Next. Next. This is another invoice for one of the large bins for$37,000, with the breakdown of the individual components contained in the contract. Next: Same thing here for 37. This is another large big -- they're identical, ladies and gentlemen. Next. Then you have.the bid for the smaller one. $13,114.65. Okay? Have the P.O. date, three of eight. With the items directly out of the concrete that their billing is for -- out of the contract their billing is for. Page 171 April 12, 2016 Next. Same thing is true with the next one, four of eight. Next, five of eight. Six of eight. Seven of eight. All six of the small bins are identical. Next. There is the total of the invoices, $37,000, for the two large bins, $13,114 for the two small bins. Next. Now, ladies and gentlemen, let me show you a potential problem here. If they had been eight separate bins the billing could have been potentially correct. But since you have a shared wall between number. seven and number six, number six obviously would have a different wall, different concrete, different work comps, all of those things would be different. Next. That's a total, $154,478.94. That was what was billed. Next. COMMISSIONER NANCE: Excuse me, Dwight, could you back up a second to your little drawing there. CLERK OF COURTS BROCK: Yes, sir. COMMISSIONER NANCE: Okay, what -- how many yards of concrete did you say you had in one of those small ones? CLERK OF COURTS BROCK: Back up to one of the small ones. COMMISSIONER NANCE: 112? So a good portion of that had to be in the floor; am I right? CLERK OF COURTS BROCK: 112.385 square yards. COMMISSIONER NANCE: Square yards? CLERK OF COURTS BROCK: Absolutely. Page 172 April 12, 2016 COMMISSIONER NANCE: Or cubic yards of concrete? MR. CASALANGUIDA: Square. CLERK OF COURTS BROCK: Commissioner, we fully understand that now. Because it was billed -- if you look at the cost of a cubic yard of concrete in the ITB, was much less than the square yard, because a square yard was actually designed for sidewalks. A cubic yard-- there is in fact a cubic yard miscellaneous concrete in there. But that wasn't used. Next. COMMISSIONER NANCE: What is the definition of a square yard of concrete? MR. CASALANGUIDA: Sir, if I could help both of you. The square yard has a spec of six inches in the contract. So a square yard is COMMISSIONER NANCE: So it's three feet by three feet by a half a foot. MR. CASALANGUIDA: For every square yard they're saying six inches in the contract. COMMISSIONER NANCE: Okay. MR. CASALANGUIDA: So that's why I think they reference square yard using a six-inch multiplier. COMMISSIONER NANCE: Okay. CLERK OF COURTS BROCK: This is a cubic yard factor in the contract. Next. Next. Next. BQ, remember the $130,000 bill that BQ was submitted by Liberty or Liberty gave us with regard to the work he did on this particular project? They advised us that they were only paid approximately $90,000. That is a differential of$64,000. Page 173 April 12, 2016 Next. Now,just so we all understand we're dealing with the same documents and same contract and same P.O. and the invoices, we have tied the invoice by P.O. number to the purchase order,which is created by your staff, submitted to us through the electronic system, to the contract which is also created by your staff; the contract number. Okay? Next. COMMISSIONER NANCE: Back up one second. So you're telling me you're getting conflicting information between Liberty and BQ? CLERK OF COURTS BROCK: Yes, sir, I think that would be a correct statement. COMMISSIONER NANCE: So somebody's not telling the truth. CLERK OF COURTS BROCK: That is correct. COMMISSIONER NANCE: So who's not telling the truth? CLERK OF COURTS BROCK: We'll get to that. COMMISSIONER NANCE: Okay. CLERK OF COURTS BROCK: Next. Billy Summers comes into this room and says BQ Concrete, as their representative, we've done really good work for you guys or we wouldn't keep getting the contract every year. We can use subcontractors any time we want as long as we don't go over 80 percent. So they fully understood the requirements: These are not subcontractors. None of them,not one. On these particular invoices we've done 100 percent of the work. 20 years _ we've worked for you guys, every single one of these has been approved by Travis Gossard. They walked every single job.we did. Next. Travis Gossard was the director of Road Maintenance. We spoke Page 174 April 12, 2016 to Mr. Gossard. Mr. Gossard indicated to my staff the contractor had to identify himself each time he entered the facility in order to be let through the gate. The contractor always identified himself as BQ Concrete. Next. At that point in time we spoke to the owner of Liberty Concrete, Bobby Tatum, and asked if he had to identify himself to get through the gate. He said he did not have to call anyone to get through the gate and that he had been given the gate code by county staff and told us what the code was. Next. After we had received this conflicting information -- now, remember, all of this work was done in October, November or before. Okay? In April the 25th of 2015, we went to the road maintenance facility on Davis Boulevard and tested the credibility of Bobby Tatum's statement. The code number he gave us worked. Next. After we had spoken to them -- Next -- no, back up. Next. Next. On April the 28th, after we had been told that oh, that code gets changed all the time -- not on April the 28th, but we went back out after we went out and tested it to see if it did work after we had been told that it got changed all the time. And then we discovered the code no longer worked. Next. Go back. On April the 28th, the Clerk advised the Board of County Commissioners there were serious issues and that an audit of BQ Page 175 April 12, 2016 Concrete was underway. Back up. Back up one. Okay, go ahead: Several.of the commissioners at that time next -- Commissioner Fiala, and I can understand why you would come to the conclusion in light of the stuff that was said at that board meeting, but you had indicated that it was unfair for BQ. We signed a contract with Buddy, we expected him to be paid, and then it's held up with no warning. The guy doesn't get paid and it's just not unfair (sic), Without the knowledge that we had, I understand your feelings. Next. Commissioner Hiller then indicated that the Clerk was being abusive by withholding payments and that it was not justified. She then further.went to a Ms. Papajohn (sic), a WINK News reporter,.and indicated that she and the County.Attorney were trying to make sure that BQ gets paid. Next. Over the past 5-years county staff has approved 3,262 invoices from BQ Concrete totaling more than $8.1 million. The Clerk's audit with regard to BQ Concrete continues. Next. Under contract#12-597R, between 6/11/2013 and 6/10/2015 your staff had approved 74 invoices of BQ Concrete totaling $1,622,249.16. There were zero invoices from the secondary, Bonness. And if I'm not mistaken, I think they're now the contractor. Next. Florida Statute 125.74 provides the county administrator's powers and duties. Section N of that provision provides that the county.. administrator shall see that all terms and conditions of all leases, contracts and agreements are performed and notify the Board of any. Page 176 April 12, 2016 noted violation thereof. Next. You also passed a county ordinance that had that very same language in it. Next. This is a copy of a page out of the computer system, which I was telling you that we go through as we are auditing and delineate problems or recognize staffs approval that the goods and services have been done. In this particular case the project was approved by Travis Gossard. Next. Now, this is in fact the certification provided to the Clerk by your staff in every singleinvoice that is presented to us for payment. I understand that by authorizing items for payment I am attesting that the goods have been received and verified that services have been performed and verified. Next. Billy Summers: Every single one of these has been approved by Travis Gossard. They walked every single job we did. Next. Now, here is a sequence of events. In March, 2015 we discovered the problems with BQ invoice, even though we had a certification that everything had been done and the goods and services had been received. The Clerk began auditing BQ invoices and payments in greater detail in light of the discovery and requested additional records from county staff The Clerk individually, through commissioner -- I mean through Crystal who meets with four of you, advised you of the issues that we had found, or that there were issues. And an audit was underway. Then on 4/28/2015 in a public meeting right here in this room, we stated at the BCC Meeting that BQ was being audited and some Page 177 April 12, 2016 commissioners urged us to pay BQ. Several commissioners on 4/30 publicly pressed the Clerk to pay BQ. On 5/8 of 2015 we requested additional records of county staff in our exploration of these bills. On 5/14/2015 I received communication in writing from your County Manager that advised that the Clerk's audit staff were making atypical inquiries of county staff and requested that all future inquiries or requests for information go through him and him alone. On 6/1/2015 the Clerk of the Circuit Court filed what is commonly referred to as a civil demand letter for theft against BQ Concrete and Billy Summers. On 6/5/2015 Commissioner Hiller held a press conference announcing that she and Leo Ochs discovered problems with BQ Concrete. Next. The next item is a road -- yes, sir? COMMISSIONER NANCE: Mr. Brock, on the construction of those bins. CLERK OF COURTS BROCK: Yes, sir. COMMISSIONER NANCE: Were there any concrete blocks? CLERK OF COURTS BROCK: I have no earthly idea. MR. CASALANGUIDA: No, sir. It was a straight pour, sir. COMMISSIONER NANCE: A complete straight pour. MR. CASALANGUIDA: Steel reinforced. COMMIISSIONER NANCE: Okay. CLERK OF COURTS BROCK: Next. This is a road in which there was a sound wall in the county, Vanderbilt Beach Road, car apparently ran into it and did the damage and the county was attempting to repair it. Now remember -- back up. We did not know this at the time, but Page 178 April 12, 2016. we later discovered it, those walls are in fact unique to one contractor. Next. The problem was the Clerk receives false information in writing attempting to elicit payment for a made up invoice, and work was done by a subcontractor, Coastal Concrete, not BQ. County staff again certified that the goods and services were received pursuant to the contract. Next. This is the email that started the job, ladies and gentlemen. From J.R. Gerents to Billy Summers: Bill, this is a time and material job. And the notice to proceed and work order has been issued. This needs to be done ASAP. So have them order whatever is needed for that job and get 'er done. Next. This is the Vanderbilt Beach wall repair purchase order. The purchase order number is there. It was for $400,000. It was a blanket purchase order. Next. Then a work order for that job was issued by your county staff for $28,388. Next. Please send me confirmation that you received this email or I will assume that you have not received it— from Billy Summers. And it indicates that he was the construction manager of BQ Concrete. But ladies and gentlemen, I have more to show that that was Billy Summers. Because Billy Summers did a public records request on us. We responded to the public records request using that email, and he responded back that he got it. That will be important just a little bit later, okay. So we know that is Billy Summers' email that sent that. Next. Back up one. Page 179 April 12, 2016 Backup. That's a Vanderbilt Beach wall-- Vanderbilt repair invoice number. Next. That is the invoice,233R. Balance due is $28,388.88, okay? If you notice out here, it has all of the items listed in the contract and amounts. Again, we spoke to the people who actually did the work who said we never gave them any such information as that. Next. In order to tie it all back together again, wehave the invoice, the P.O. and the contract, all identified in this process. Next. Again, this.is a page out of the system, and look who approved it again. Travis Gossard approved it. Next. Gossard again, which is of the same certification. I understand that by authorizing items for payment I am attesting that goods have been received and verified and that services have been performed and verified. Next. Clerk requested backup, BQ invoice 233. Please provide breakdown backup for materials. Thanks. Now, this is an excerpt out of the information that I was telling you is in the cornputer that we send to your staff. Next. Billy Summers, II sends to Eddie Chesser, BQ Concrete, Vanderbilt repair. Next. We are then provided with this so-called invoice. It reflects $25,236 worthof work on this particular job from Coastal Concrete. Now, you will notice that that is actually less than the bill that was Page 180 April 12, 2016 submitted by BQ, because the bill submitted by BQ had some labor in it as well. We spoke to Coastal Concrete Products. They did the work, Nobody else was even there. Next. And in addition to that, they tell us that was by no stretch of the imagination their invoice. In fact, it appeared to have been created from a proposal that theysubmitted to BQ Concrete for doing the work for an amount of$6,840. And one of the things that they told us at the time was we would not even agree to do the work unless or until they paid us half of it up front of$3,000. Next. And in fact they then provided us with the real invoice that they created for the work that was mailed to BQ Concrete in the amount of $6,840. Next. This is the proposal and the supposed invoice that was submitted to us. And if you will look at it, you will see the things that we identified as having been changed. Next. This is a letter from Coastal Concrete Products that is advising us that that is not their invoice. Next. Surprisingly, this is a word document. And if you know anything about word documents, you can go into them and tell who authored it and who modified it. And it was Billy Summers. And again,that is the same address we sent the public records to. Next. Summary: Fraud occurred. The lack of oversight. County staff reviews the contract details and confirms compliance before certifying Page 181 April 12, 2016 completion and requesting payment. That's a solution. Real simple, not complicated. You make sure the work is done before you certify to us that it has been done and that the invoice is proper and in compliance with the contract. Now -- go ahead. COMMISSIONER NANCE: Mr. Brock, are you alleging that -- you're demonstrating here that BQ Concrete was defrauding or you're suggesting that they were defrauding the county? CLERK OF COURTS BROCK: Right. COMMISSIONER NANCE: Are you suggesting that county staff knowingly was aware that BQ Concrete was defrauding the county? CLERK OF COURTS BROCK: Commissioners, I will let you draw your own conclusion.with -- COMMISSIONER NANCE: No, no, no — COMMISSIONER HILLER: That is what you're saying. COMMISSIONER NANCE: -- I'm asking you if that's what you're saying. COMMISSIONER HILLER: Is that what you're saying? CLERK OF COURTS BROCK: You draw your -- COMMISSIONER HILLER: No, you -- CLERK OF COURTS BROCK: -- own conclusions. COMMISSIONER NANCE: No, I'm asking you your opinion. COMMISSIONER HILLER: You tell us what your -- COMMISSIONER NANCE: Are you suggesting that Collier County staff is complicit in this fraud? Because what I'm saying:is okay, you identified that there's fraud. Nobodyis denying that Y gthe repairs were made. So, I mean, they built bins and they built a wall in the two examples that you made, right? CLERK OF COURTS BROCK: Well, let me tell you what I do know. We have spoken to J.R. Garents. J.R. Gerents, who was Page 182 April 12, 2016 employed with you, indicated to us that he was assisting Billy Summers in creating this false invoice. And he was doing it because everybody was pushing him to get them paid. COMMISSIONER NANCE: Did he approve them for payment? CLERK OF COURTS BROCK: No, sir. Travis Gossard approved it. COMMISSIONER NANCE: So who was aware that this county staff member.was participating in this fraud? MR. CASALANGUIDA: Sir, little clarification. There's about five people in that review chain. Travis is the final signer, but he probably didn't, as the Clerk pointed out, walk every job. He doesn't do that. COMMISSIONER NANCE: I understand that, sir, that's why I'm asking. What is the suggestion here? Okay, we have a guy that's defrauding the county and I'm delighted that we determined that that's the case. But I'm unaware how it was that we should have determined that that was the case. CLERK OF COURTS BROCK: Determined what? COMMISSIONER NANCE: That BQ Concrete was attempting to defraud the county through falsifying its invoices when those people that are attesting that the job has been completed are not in charge of determining the correctness of the invoices. Are they? All they're determining is that the work has been accomplished, whatever was requested. These are operations people on the street, sir, they're not -- CLERK OF COURTS BROCK: They're contract management people, Commissioner. COMMISSIONER NANCE: They're operations managers at the site of the work. CLERK OF COURTS BROCK That is correct. COMMISSIONER NANCE: That's correct. CLERK OF COURTS BROCK: Right. Page 183 April 12, 2016 COMMISSIONER NANCE: So if somebody says, okay, Fm going to build a wall, their job is to make sure that the wall gets built to the specifications indicated. CLERK OF COURTS BROCK: Quite the contrary. COMMISSIONER NANCE: Why -- CLERK OF COURTS BROCK: Read the certification. COMMISSIONER NANCE: What? CLERK OF COURTS BROCK: Read the certification. COMMISSIONER NANCE: Sir, you can read all the certifications you want. How is that person supposed to know that the individual concerned was defrauding the county? Would anybody i reasonably say that an operations manager that was sitting there looking at the wall was aware that that person was defrauding the county? I don't think so. CLERK OF COURTS BROCK: Are you suggesting to me that they don't ensure they're out there doing it properly? COMMISSIONER NANCE: No, they're building it to the spec-- CLERK OF COURTS BROCK: They weren't even there, Commissioner. COMMISSIONER NANCE: Well, you know what? When you ask for a wall and one shows up, I'm assuming that somebody built it. I'm assuming it didn't just drop out of heaven. CLERK OF COURTS BROCK: Okay. COMMISSIONER NANCE:. Okay? So there's a wall there. If it meets the specification of the job as bid, I don't know how -- CLERK OF COURTS BROCK: A wall that ultimately cost $6,000 that you're being billed 26,000 for? COMMISSIONER NANCE: Sir, .I don't think they're negotiating that, are they? CLERK OF COURTS BROCK: Negotiating what? COMMISSIONER NANCE: The differentiation that you're Page 184 April 12,2016 talking about. The person on-site that's saying we received the wall. MS. KINZEL: Could I interject? COMMISSIONER NANCE: Is he supposed to be passing judgment on what the bid amount should or shouldn't be or whether that person is trying to administratively fraud the county? CLERK OF COURTS BROCK: Let me tell you, when we identified this problem, okay, we dealt with your county staff who began to try to justify how the bill was appropriate. To the extent that they're trying to stop us from getting the documents. But Commissioner, I'll let you draw your own conclusion. I'm not going to tell you what. You're, I hope, as a county commissioner smart enough to come to your own conclusion as to whether or not you were being defrauded. I will present to you the facts. COMMISSIONER NANCE: No, no, I did not say that it wasn't apparent to me that we were being defrauded. I was asking who knew. CLERK OF COURTS BROCK: I mean, there's no way. COMMISSIONER NANCE: And when did they know? When did you realize it? CLERK OF COURTS BROCK: When we started looking at it after we discovered the problem with the bins. We began going through all of these. This is not the only one, Commissioner. COMMISSIONER HILLER: That's a lie. That's not what happened. CLERK OF COURTS BROCK: Really. COMMISSIONER HILLER: Really. CLERK OF COURTS BROCK: I'm glad you know. COMMISSIONER HILLER: I do know. CLERK OF COURTS BROCK: No, you don't. COMMISSIONER HILLER: Oh, yes, I do. CLERK OF COURTS BROCK: No, you don't. COMMISSIONER HILLER: I most certainly do. Because here's Page 185 April l2,2016 CLERK OF COURTS BROCK: Wow. COMMISSIONER HILLER: -- what happened. Here's what happened. And let's take the wall that you represent you uncovered the fraud on. You paid on that wall. You paid on that wall based on your pre-audit. Your determination that based on your pre-audit that expenditure was legal. You made an improper payment, because you didn't audit property. And here's what happened: You had no idea that fraud.existed. You made the payment and time went by and then guess what happened one day? Coastal's bookkeeper called and said that they hadn't been paid. CLERK OF COURTS BROCK: After -- COMMISSIONER HILLER: No. CLERK OF COURTS BROCK: No, Commissioner-- COMMISSIONER HILLER: No, no, let me finish. CLERK OF COURTS BROCK: -- you weren't there. I'm going to tell you what happened. COMMISSIONER HILLER: No, let me finish. CLERK OF COURTS BROCK: After we discovered BQ -- COMMISSIONER HILLER: They called and told you and you asked, oh, how much are you owed and they said 6,000.. And your staff said no, according to the invoice we have here, it's 25. And then you ran down to Coastal with your staff and you interviewed that staff going, oh my goodness, what's going on here, because you realized that you had failed to do a proper audit and you made an improper payment. And quite frankly, it wasn't within your jurisdiction to send that letter to BQ, it was the Board's jurisdiction to reclaim that. And if you wonder what my source is, take a look at your most favorite audit, Okaloosa. And I will tell you right now, you then withheld that information Page 186 April 12, 2016. from the Board where you should have told us what was going on. And as soon as I found out what happened and found that you were withholding this information from us, I called our County Manager and pulledall the documentation and took it straight to law enforcement only to fmd out that you hadn't even communicated with them. Notwithstanding that you were sitting on this for quite some time. And when a criminal investigation was opened into this matter, you obstructed our Sheriff and claimed they couldn't do their job. And so he withdrew and turned it over to FDLE. And then you obstructed FDLE.by claiming you were conducting an internal audit and they could not conduct their investigation while you were conducting your internal audit, and they had to stand down and wait while you were conducting this, quote, internal audit. You're not an investigative agency. You don't have the power to conduct criminal investigations. CLERK OF COURTS BROCK: I have never -- COMMISSIONER HILLER: And you have no right to sit on evidence of what potentially could be a crime, and it hasn't been concluded that a crime has been committed, because as far as I know, unless staff has information to the contrary or you have information to the contrary, FDLE has not concluded their investigation. And why you are bringing this forward when you know a criminal investigation is ongoing in this matter is very curious. But the bottom line is you failed to properly pre-audit. You failed to independently verify the underlying invoice with the source. And as a result you made an improper payment. And then you scrambled when you found out that you, you, said that a payment should be made when it should not have been made. Whether or not there is an underlying crime and who is guilty will be decided by FDLE. And I assure you, when.I brought this to the County Manager's attention, he had no hesitation to take it to law Page 187 April 12, 2016 enforcement and he has no hesitation to ensure that there is full and complete prosecution of any of his staff if they are guilty. But what you did with respect to your duty to pre-audit and determine the legality of expenditures did not happen. You were derelict. And that's why an improper payment was made. And don't sit here and pretend that through your audit process that you uncovered this fraud was going on, because that is not what happened at all. CLERK OF COURTS BROCK: Now, I will tell you what happened. When we went through the process of dealing with the bins., it became public issue. We received a telephone call from a contractor in Lee County called Coastal Concrete who said to us, we are owed money as well. And we went up and spoke to Coastal Concrete: And when Coastal Concrete told us what happened, we then began looking at all of the other ones that were of similar nature. And during this process, Commissioner Hiller, for your information, I made, I think three telephone calls, long before you ever reported it, to the Sheriffs Department to call me back, and they never called me back. So you don't know what you're talking about. COMMISSIONER HILLER: I'm sorry, that's not true, because Coastal Concrete called me. COMMISSIONER HENNING: Commissioner Fiala? CHAIRMAN FIALA: Yes. COMMISSIONER HENNING: Thanks. CLERK OF COURTS BROCK: I mean, that's fine, I don't have a problem. But I'm telling you -- COMMISSIONER HILLER: You told me -- CLERK OF COURTS BROCK: -- exactly how it went down. COMMISSIONER HILLER: No, it's not how it went down. CLERK OF COURTS BROCK: Your imagination is running Page 188 April 12, 2016 away. . I know the facts. COMMISSIONER HILLER: I'm sorry, it's not. CHAIRMAN FIALA:. Commissioner Henning.has asked for a few times now if he could speak, so would you like to speak? COMMISSIONER HENNING: Yeah, we need to lose the emotions. I mean, it doesn't get anywhere when you're that emotional. But it's interesting that these contracts are even -- these invoices -- or these work orders are even let on this contract, because a wall on Vanderbilt and bins or walls at the maintenance facility, because the contract says concrete roads, sidewalks, curbs, floor, installation and repair. It doesn't say anything about a wall. MR. CASALANGUIDA: It allows miscellaneous concrete work, sir, in the contract. Which is something that if you wanted to do a box. -- now, they could have procured it two different ways: They could have gone out and got three quotes, or they -- they chose to use the contractor. COMMISSIONER HENNING: Well, maybe you can point that out to me within the contract. CLERK OF COURTS BROCK: It does. COMMISSIONER HENNING: But more importantly -- CLERK OF COURTS BROCK: And that's the way it was actually listed was miscellaneous concrete. Repair and maintenance. COMMISSIONER HENNING: The invoices are given to the county, not to the Clerk. They're given to the county, the county uploads them for payment, is that - CLERK OF COURTS BROCK: No. Generally -- MR. OCHS. There's two methods. Some go directly to the Clerk and some come through staff and then scanned into the system and -- COMMISSIONER HENNING: What about these particular invoices, do we know how they were -- how they got into the system? Was it county staff or -- Page 189 April 12, 2016 MR. OCHS: Well, there's a record of it, sir, so I'll ask Ms. Markiewicz if she knows. She's standing right there: Ms. Markiewicz, do you happen to know on this fence item? MS. MAIZKTEWICZ:. Joanne Markiewicz.. This particular one we're talking about went to the Clerk's.Office. COMMISSIONER HENNING: Now that's the wall on Vanderbilt, right? MS. MARKIEWICZ: Yes, sir. COMNIISSIONER HENNING: What about the bins at the facility? MS. MARKIEWICZ: Pm getting thenod those went directly to the Clerk's Office as well. COMMISSIONER HENNING: Okay. And then the Clerk's Office goes to the department and says please validate these, that it. happened (sic); is that how the process goes? CLERK OF COURTS BROCK: And often approve them pursuant to your certification. MR. OCHS: That's true. COMMISSIONER HENNING: All right. So what does staff do to validate it? MR. OCHS: Joanne? COMMISSIONER HILLER:. It's the Clerk who's supposed to validate. The Clerk is supposed to validate. COMMISSIONER HENNING: No, they're management -- MR. OCHS: We validate the receipt of the goods.. And as Commissioner Nance was saying before, that the product and services were constructed in the place that they were specified to be constructed in according to the contract. COMMISSIONER HENNING: Okay. So -- MR. OCHS: Is that essentially right? MS. MARKIEWICZ: Yes, sir. Page 190 4 April 12, 2016 CLERK OF COURTS BROCK: Go back to the - COMMISSIONER HENNING: Obviously the -- do you have staff out there watching these repairs being done? MR. CASALANGUIDA: Sir, they'll either go before, during or after. They'll probably defmitely go before and authorize the work. So if it's a fence that's there they'll go out and say about 30 feet of fence has been broken, request the work order,.then the contractor will go out and do the work and staff will follow behind and say take pictures or stop by while they're working and verify that they're doing the work and the work was done -- COMMISSIONER HENNING: Well, obviously the one at the facility maintenance building, they're right there. MR. CASALANGUIDA: Yes, sir. COMMSSIONER HENNING: Pardon me? MR. CASALANGUIDA: Staff took pictures of the work with thesteel being put in and various phases of the job being done. COMMISSIONER HENNING: I know, I saw BQ Contractor trucks. They have it right on the side of them. MR. CASALANGUIDA: Right. COMMISSIONER HENNING: You know, obviously somebody knew that.a subcontractor was doing it. But BQ isthe one that submitted invoices for the county staff to validate that the work was done by BQ. MR. CASALANGUIDA: And they provided an affidavit to the county stating such, sir, a signed affidavit. . COMMISSIONER HENNING: BQ did? MR. CASALANGUIDA: Yes, sir. COMMISSIONER HILLER: And what was the basis for that affidavit? COMMISSIONER HENNING: But my point is, it's right at the maintenance facility, the same facility that oversees the sidewalks. Page 191 April 12, 2016 MR. CASALANGUIDA: And sir, what my understanding is in going back is that BQ said that these people work for me whether they're 1 099 or laborers. And the other gentleman, I think his name is -- Dwight, is it Billy Summers? Said I don't work for them, rm an independent contractor. And that was the dispute. So we said to BQ, if they work for you, sign an affidavit saying that they work for you. Because we don't go into their personal records and check 1099's or what they do. And he brought an affidavit in and said, I have done the work per the contract, and he signed that. So that was -- COMMISSIONER HENNING: So what's the resolution on:that particular invoice? We can't pay BQ for it because they didn't do the work. They falsified documents and submitted it to the county saying that they did do work. So what's the resolution for Liberty Concrete? MR. CASALANGUIDA: Sir, I'm not going to jump the County Attorney, but I think it would be court. If the prime contractor vendor says, I did the work-- COMMISSIONER HENNING: Right. MR. CASALANGUIDA: -- I'm the one who you have the contract with and I signed that affidavit and yet someone who worked underneath them says, wait a minute, I'm a subcontractor, I did the work, that becomes a fight outside of the four corners of the county. That becomes a private fight, not ours. We received the goods and service. COMMISSIONER HENNING: But is that the right thing? COMMISSIONER HILLER: Wait a minute. Isn't Liberty your friend. Or is -- Crystal, is it you or Dwight who are friends with the owner of Liberty?Are you friends with the owners of Liberty? COMMISSIONER HENNING: No, I'm not done yet. MS. KINZEL: You know, Commissioner Hiller, that's really interesting that that rumor -- I've never laid eyes on Bobby Tatum until Page 192 April 12, 2016 he filed the complaint about BQ Concrete not paying-- COMMISSIONER HILLER: Nobody's friends? MS. KINZEL: No, ma'am. And to make those kinds of accusations on the record are unreasonable, so -- CHAIRMAN FIALA: Let's get back to Commissioner Henning's questioning, please. COMMISSIONER HENNING: What's the resolution on that? CHAIRMAN FIALA: One thing at a time. CLERK OF COURTS BROCK: Commissioner, look at -- COMMISSIONER HENNING: Let me ask -- COMMISSIONER HILLER: I believe Liberty sued -- COMMISSIONER HENNING: -- Jeff Klatzkow. CHAIRMAN FIALA: Wait just a minute. Let's -- COMMISSIONER -COM IISSIONER HILLER: -- BQ. CHAIRMAN FIALA: Ma'am, let's listen to Commissioner Henning, please. COMMISSIONER HILLER: Liberty sued BQ. CHAIRMAN FIALA: We'll hear from Commissioner Henning. COMMISSIONER HENNING: Jeff? MR. KLATZKOW: If we had withheld payment from BQ so that the county didn't pay for the work and Liberty comes in and says listen, we're the ones who did the work, ultimately I think the fair thing would be then you'd probably want to run it through a court just to make sure this entire dispute was taken care. The ultimate result would be Liberty should be paid if they did the work. COMMISSIONER HENNING: Well, yeah, that's -- so we have investigations going on by different agencies on defrauding government that needs tobe settled first. Would that be the correct order? MR. KLATZKOW: You've got two separate issues. The work Page 193 April 12, 2016 was done, okay. So let's say the value of the work was $25,000. BQ invoices us for 100,000, okay. We have a separate issue with BQ as far as the fraud goes, but ultimately the work got done. But ultimately I would bring suit, I would name both BQ and Liberty and, you know, let the court decide whether or not Liberty should get paid and then be done with it. COMMISSIONER HENNING: Well, does anybody have any objections of doing that? COMMISSIONER HILLER: Yes. Can I speak? COMMISSIONER HENNING: Besides Commissioner Hiller, does anybody have.any objections to getting Liberty paid? COMMISSIONER HILLER: Yes, Liberty has already filed suit. As I understand, Liberty filed suit against BQ and has a judgment against BQ. And I'm not -- and Liberty also hasn't provided evidence that they did do the work. In fact, I think that was one of the issues, they didn't produce time cards, evidence of payment. There's no -- there is -- other than their claim that they have done it, we're again in a situation where there's no proof. MR. KLATZKOW: Commissioner the issue is whether we paid BQ or not. I don't know if we paid BQ. COMMISSIONER HILLER: Did you pay BQ? CLERK OF COURTS BROCK: Yes, we paid BQ. MR. KLATZKOW: Well, that's the end of the discussion. COMMISSIONER HILLER: That's the end. MR. KLATZKOW: Because then Liberty's -- COMMISSIONER HENNING: Yeah, but what about Coastal? Did BQ get paid for $25,000? They did. CLERK OF COURTS BROCK: (Nods head affirmatively:) COMMISSIONER HENNING: So we'd have to go after BQ to recoup that money. Okay. COMMISSIONER HILLER: And that's the improper payment Page 194 April 12, 2016 that the Clerk made. Statutes &Constitution :View.Statutes :Online Sunshine Page 1 of 1 • Select Year: 2015 v Go • • The 2015 Florida Statutes Title VI Chapter 77 View Entire Chapter CIVIL PRACTICE AND PROCEDURE GARNISHMENT 77.15 Proceedings against third persons named in answer.—If the answer of garnishee shows that there is any of defendant's personal property in the possession or control of any person who has not been garnisheed, on motion of plaintiff a writ of garnishment shall issue against the person having personal property of the defendant and the person shall answer and be liable as other garnishees. History.—s. 3,ch.43, 1845; RS 1677; GS 2141; RGS 3443; CGL 5296;s. 2, ch. 29737, 1955;s. 27,ch.67-254. Copyright®1995-2016 The Florida Legislature • Privacy Statement • Contact Us • • • • http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search-String=... 5119/2016 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 2015 v Go The 2015 Florida Statutes Title XI "Chapter 125 View Entire. COUNTY ORGANIZATION AND INTERGOVERNMENTAL COUNTY Chapter RELATIONS GOVERNMENT 125.15 To-sue and be sued in the name of county.—The county commissioners shall sue and be sued in the name of the county of which they are commissioners. A change in the persons composing the I board of county commissioners shalt not abate the suit, but it shall proceed as if such change had not taken place. History.--ss. 1, 3,ch. 3242, 1881; RS 580; GS 773;RGS 1493; CGL 2202. Copyright®1995-2016 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/statutes/index.cfin?App_mode=Display_Statute&Search String-... 5/16/2016 Statutes& Constitution :View Statutes: Online Sunshine Page 1 of 1 Select Year:. 2015 v Go The 2015 Florida Statutes -4 Title VI Chapter 77 View Entire Chapter CIVIL PRACTICE AND PROCEDURE GARNISHMENT 77.07 Dissolution of writ.— (1) The defendant, by motion, may obtain the dissolution of a writ of garnishment, unless the petitioner proves the grounds upon which the writ was issued and unless, in the case of a prejudgment writ, there is a reasonable probability that the final judgment in the underlying action will be rendered in his or her favor. The court shalt set down such motion for an immediate hearing. If the writ is dissolved, the action then shall proceed as if no writ had been issued. (2) The defendant and any other person having an ownership interest in the property, as disclosed by the garnishee's answer,shall file and serve a motion to dissolve the garnishment within 20 days after the date indicated in the certificate of service on the defendant and such other person of the plaintiff's notice required by s. 77.055, stating that any allegation in plaintiff's motion for writ is untrue. On such motion this issue shall be tried, and if the allegation in plaintiff's motion which is denied is not proved to be true, the garnishment shall be dissolved. Failure of the defendant or other interested person to timely file and serve the motion to dissolve within such time limitation shall result in the striking of the motion as an unauthorized nullity by the court, and the proceedings shall be in a default posture as to the party involved. (3) If the motion denies the debt demanded before judgment, the judge may require pleadings on motion of eitherparty on the debt demanded to be filed in such time as he ar she fixes. (4) The issue, if any, raised by the pleadings shall be tried at the same time as the issue, if any, made by defendant's motion to plaintiff's motion. (5) : If the plaintiff fails to file a dismissal or motion for final judgment within 6 months after filing the writ of garnishment, the writ shall automatically be dissolved and the garnishee shall be discharged from further liability under the writ.The plaintiff has the right to extend the writ for an additional 6 months by serving the garnishee and the defendant a notice of extension and filing in the underlying proceeding a certification of such service. I History.-s. 1, ch.7353, 1917; RGS 3454;CGL 5307;s.27,ch. 67-254;s. 2,ch.83-97;s.3,ch. 85-272;.s. 389,ch.95-147; s. 16, ch.2005.241. --• ---- ---Copyright 0-1995-2016-The Florida Legislature • Privacy Statement-.Contact-Us- - ontact-Us http://www.lee-.state.fl.us/Statutes/index-cfm?Ann rnnrin-=TZi.cnlav .StAYTTtP.RrCPA i Cs i rit C/14/1(114 • Statutes & Constitution :Search Statutes Online Sunshine Page 1 of 5 Select Year: 2015 V Go The 2015 Florida Statutes Title Xl Chapter 125 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL COUNTY Chapter RELATIONS GOVERNMENT 125.01 Powers and duties.— (1) The legislative and governing body of a county shalt have the power to carry on county government. To the extent not inconsistent with general or special law, this power includes, but is not restricted to, the power to: (a) Adopt its own rules of procedure, select its officers, and set the time and place of its official meetings. (b) Provide for the prosecution and defense of legal causes in behalf of the county or state and retain counsel and set their compensation. (c) Provide and maintain county buildings. (d) Provide fire protection, including the enforcement of the Florida Fire Prevention Code, as provided in ss. 633.206 and 633.208, and adopt and enforce local technical amendments to the Florida Fire Prevention Code as provided in those sections and pursuant to s. 633.202. (e) Provide hospitals, ambulance service, and health and welfare programs. (f) Provide parks, preserves, playgrounds, recreation areas, libraries,museums, historical commissions, and other recreation and cultural facilities and programs. (g) Prepare and enforce comprehensive plans for the development of the county. (h) Establish, coordinate, and enforce zoning and such business regulations as are necessary for the protection of the public. (i) Adopt, by reference or in full, and enforce housing and related technical codes and regulations. (j) Establish and administer programs of housing, slum clearance, community redevelopment, conservation, flood and beach erosion control, air pollution control, and navigation and drainage and cooperate with governmental agencies and private enterprises in the development and operation of such programs. (k)1. Provide and regulate waste and sewage collection and disposal, water and alternative water supplies, including, but not limited to, reclaimed water and water from aquifer storage and recovery and desalination systems, and conservation programs. }. _ Z. The governing.body of a county rriay require that any personwithin the county demonstrate t>I e existence of some arrangement or contract by which such person will dispose of solid waste in a manner consistent with county ordinance or stateor federal law. For any person who will produce special wastes or biomedical waste, as the same maybe defined by state or federal law or county ordinance, the county may require satisfactory proof of a contract or similar arrangement by which such special or biomedical wastes will be collected by a qualified and duly licensed collector and disposed of in accordance with the laws of Florida or the Federal Government. _ . , n n._'.___ r ti Pi 11 z . Statutes & Constitution :Search Statutes : Online Sunshine Page 2 of 5 (I) . Provide and operate air, water, rail, and bus terminals; port facilities; and public transportation systems. (m) Provide and,regulate arterial, toll, and other roads, bridges, tunnels, and related facilities; eliminate grade crossings; regulate the placementof signs, lights, and other structures within the right- of-way limits of the county road system; provide and regulate parking facilities; and develop and enforce plans for the control of traffic and parking. Revenues derived from the operation of toil roads, bridges, tunnels, and related facilities may, after provision has been made for thepayment of operation and maintenance expenses of such toll facilities and any debt service on indebtedness incurred with respect thereto, be utilized for the payment of costs related to any other transportation facilities within the county, including the purchase of rights-of-way; the construction, reconstruction, operation, maintenance, and repair of such transportation facilities; and the payment of indebtedness incurred with respect to such transportation facilities. (n) License and regulate taxis, jitneys, limousines for hire, rental cars, and other passenger vehicles • for hire that operate in the unincorporated areas of the county; except that any constitutional charter county as defined in s. 125.011(1) shall on July 1, 1988,. have been authorized to have issued a number of permits to operate taxis which is no less than the ratio of one permit for each 1,000 residents ofsaid county, and anyy such new permits issued after June 4, 1988, shall be issued by lottery among individuals with such experience as a taxi driver as the county may determine. (o) Establish and enforce regulations for the sale of alcoholic beverages in the unincorporated areas of the county pursuant to general law. (p) Enter into agreements with other governmental agencies within or outside the boundaries of the county for joint performance, or performance by one unit in behalf of the other, of any of either agency's authorized functions. (q) Establish, and subsequently merge or abolish those created hereunder, municipal service taxing or benefit units for any part or all of the unincorporated area of the county, within which may be provided fire protection; law enforcement; beach erosion control; recreation service and facilities; water; alternative water supplies, including, but not limited to, reclaimed water and water from aquifer storage and recovery and desalination systems; streets; sidewalks; street lighting; garbage and trash collection and disposal; waste and sewage collection and disposal; drainage; transportation; indigent health care services; mental health care services; and other essential facilities and municipal services from funds derived from service charges, special assessments, or taxes within such unit only. Subject to the consent by ordinanceof the governing body of the affected municipality given either annually or for a term of years, the boundaries of a municipal service taxing or benefit unit may include all or part of the boundaries of a municipality. If ad valorem taxes are levied to provide essential facilities and municipal services within the unit, the millage levied on any parcel of property for municipal purposes by all municipal service taxing units and the municipality may not exceed 10 mills. This paragraph.. authorizes all counties to levy additional taxes, yrithin the limits fixed for municipal purposes,within _ _. such municipal service taxing units under the authority of the_second sentence of s. 9.(b), Art. VII_of the_._..._._ State Constitution. (r) Levy and collect taxes, both for county purposes and for the providing of municipal services within any municipal service taxing unit, and special assessments; borrow and expend money; and issue bonds, revenue certificates, and other obligations of indebtedness, which power shall be exercised in • such manner, and subject to such limitations, as may be provided by general law. There shall be no referendum required for the levy by a county of ad valorem taxes, both for county purposes and for the providing of municipal services within any municipal service taxing unit. Statutes & Constitution :Search Statutes : Online Sunshine Page 3 of 5 (s) Make investigations of county affairs; inquire into accounts, records, and transactions of any county department, office, or officer; and, for these purposes, require reports from any county officer or employee and the production of official records. (t) Adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law. (u) Create civil service systems and boards. (v) Require every county official to submit to it annually, at such time as it may specify, a copy of - the official's operating budget for the succeeding fiscal year. (w) Perform any other acts not inconsistent with law, which acts are in the common interest of the. people of the county, and exercise all powers and privileges not specifically prohibited by law. (x) Employ an independent certified public accounting firm to audit any funds, accounts, and financial records of the county and its agencies and governmental subdivisions. Entities that are funded wholly or in part by the county, at the discretion of the county, may be required by the county to conduct a performance audit paid for by the county. An entity shall not be considered as funded by the county by virtue of the fact that such entity utilizes the county to collect taxes, assessments, fees, or other revenue. if an independent special district receives county funds pursuant to a contract or interlocal agreement for the purposes of funding, in whole or in part, a discrete program of the district, only that program may be required by the county to undergo a performance audit. Not fewer than five copies of each complete audit report, with accompanying documents, shalt be filed with the clerk of the circuit court and maintained there for public inspection. The clerk shall thereupon forward one complete copy of the audit report with accompanying documents to the Auditor General. (y) Place questions or propositions on the ballot at any primary election, general election, or otherwise called special election, when agreed to by a majority vote of the total membership of the legislative and governing body, so as to obtain an expression of elector sentiment with respect to matters of substantial concern within the county. No special election may be called for the purpose of conducting a straw ballot. Any election costs, as defined in s. 97.021, associated with any ballot .. question or election called specifically at the request of a district or for the creation of a district shall • be paid by the district either in whole or in part as the case may warrant. (z) Approve or disapprove the issuance of industrial development bonds authorized by law for entities within its geographic jurisdiction. (aa) Use ad valorem tax revenues to purchase any or all interests in land for the protection of natural floodplains, marshes, or estuaries; for use as wilderness or wildlife management areas; for restoration of altered ecosystems; or for preservation of significant archaeological or historic sites. (bb) Enforce the Florida Building Code, as provided in s. 553.80, and adopt and enforce local technical amendments to the Florida Building Code, pursuant to s. 553.73(4)(b) and (c). (cc) Prohibit a business entity, other than a county tourism promotion agency, from using names as specified in s. 125.0104(9)(e) when representing itself to the public as an entity representing tourism interests of the county levying the local option tourist development tax under s. 125.0104. (2) The board of county commissioners shall be the governing body of any municipal service taxing or benefit unit created pursuant to paragraph (1)(q). (3)(a) The enumeration of powers herein may not be deemed exclusive or restrictive, but is deemed to incorporate all implied powers necessary or incident to carrying out such powers enumerated, • including, specifically, authority to employ personnel, expend:funds, enter into contractual obligations, and purchase or lease and sell or exchange real or personal property. The authority to employ personnel includes, but is not limited to, the authority to determine benefits available to different types of http://www.leg.state.fl.us/statutes/index.cfm.?App_mode'Display_Statute&Search String=.., 5/16/2016 Statutes.& Constitution :Search Statutes : Online Sunshine Page 4 of 5 personnel. Such benefits may include, but are not limited to, insurance coverage and paid leave.The provisions of chapter 121 govern the participation of county employees in the Florida Retirement System. (b) The provisions of this section shall be liberally construed in order to effectively carry out the purpose of this section and to secure for the counties the broad exercise of home rule powers authorized by the State Constitution. (4) The legislative and governing body of a county shall not have the power to regulate the taking or possession of saltwater fish, as defined in s. 379.101, with respect to the method of taking, size, number, season, or species. However, this subsection does not prohibit a county from prohibiting, for. reasons of protecting the public health, safety, or welfare, saltwater fishing from real property owned by that county, nor does it prohibit the imposition of excise taxes by county ordinance. (5)(a) To an extent not inconsistent with general or special law, the governing body of a county shall have the power to establish, and subsequently merge or abolish those created hereunder, special districts to include both incorporated and unincorporated areas subject to the approval of the governing body of the incorporated area affected, within which may be provided municipal services and facilities from funds derived.from service charges, special assessments, or taxes within such district only. Such ordinance may be subsequently amended by the same procedure as the original enactment. (b) The governing body of such special district shall be composed of county commissioners and may include elected officials of the governing body of an incorporated area included in the boundaries of the special district, with the basis of apportionment being set forth in the ordinance creating the special district. (c) ,It is declared to be the intent of the Legislature that this subsection is the authorization for the levy by a special district of any millage designated in the ordinance creating such a special district or amendment thereto and approved by vote of the electors under the authority of the first sentence of s. 9(b), Art. VII of the State Constitution. It is the further intent of the Legislature that a special district created under this subsection include both unincorporated and incorporated areas of a county and that such special district may not be used to provide services in the unincorporated area only. (6)(a) The governing body of a municipality or municipalities by resolution, or the citizens of a municipality or county by petition of 10 percentof the qualified electors of such unit, may identify a • service or program rendered specially for the benefit of the property or residents in unincorporated areas and financed from countywide revenues and petition the board of county commissioners to develop an appropriate mechanism to finance such activity for the ensuing fiscal year, which may be by taxes, special assessments,or service charges levied or imposed solely upon residents or property in the unincorporated area, by the establishment of a municipal service taxing or benefit unit pursuant to paragraph (1)(q), or by remitting the identified cost of service paid from revenues required to be expended on a countywide basis to the municipality or municipalities, within 6 monthsof the adoption of the county budget, in the proportion that the amount of county ad valorem taxes collected within such municipality or municipalities alities bears to the total-amount of fountywide ad valorem taxes collected by the county, or by any other method prescribed by state law. # (b) The board of county commissioners shall, within 90 days, file a response to such petition, which response shall either reflect action to develop appropriate mechanisms or shall reject such petition and state findings of fact demonstrating that the service does not specially benefit the property or residents of the unincorporated areas. , (7) No county revenues, except those derived specifically from or on behalf of a municipal service taxing unit, special district, unincorporated area, service area, or program area,shallbe used to fund • http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search String=... 5/16/2016 Statutes & Constitution :Search Statutes : Online Sunshine Page 5 of 5 any service or project provided by the county when no real and substantial benefit accrues to the property or residents within a municipality or municipalities. History.-s. 1, ch. 1882, 1872; s. 1,ch. 3039, 1877; RS 578;GS 769;s. 1,ch. 6842, 1915;RG5 1475;CGL 2153;s. 1,ch. 59- 436;s. 1, ch.69-265;ss: 1,2, 6, ch.71-14;s. 2,ch.73-208;s. 1, ch. 73-272;s.1,ch. 74-150;ss..1,2,4,ch. 74-191; s. 1,ch. 75-63;s. 1, ch. 77-33;s. 1,ch. 79-87;s. 1,ch.80-407;s. 1,ch. 83-1; s. 17, ch. 83-271;s. 12, ch.84-330;s.2, ch.87-92;s. 1, ch.87-263; s. 9,ch.87-363; s.2, ch. 88-163; s. 18,ch. 88-286;s.2, di. 89-273;s. 1,ch. 90-175; s.1, ch.90-332; s. 1,ch. 91-238;s. 1,ch. 92-90;s.1, ch. 93-207;.s.41,ch. 94-224;s. 31, ch. 94-237;s. 1,ch. 94-332;s. 1433,ch.95-147;s. 1,ch. 95- 323;.s.41, di.96-397;s.42,ch.97-13;s.2,ch-2000-141;s. 34,ch. 2001-186;s. 36, ch. 2001-266;.s. 3, ch.2001-372;s.20, ch.2002-281;s. 1, ch.2003-78;ss.27,28, ch.2003-415;s. 184,ch.2008-247;s.2,ch.2011-143; s. 122,ch. 2013-183;s. 1, ch.2014-7. Copyright m 1995-2016 The-Florida Legislature • Privacy Statement • Contact Us • • http://www.Ieg.state.fl.us/statutes/index.cfrn7Ap-p mode=Display Statute&Sen-re h Sh- nQ= 5/ttif')n 6 { i t RULE 1.230. INTERVENTIONS Anyone claiming an interest in pending litigation may at any time be permitted to assert a right by intervention, but the intervention shall be in subordination to, and in recognition of,the propriety of the main proceeding, unless otherwise ordered by the court in its discretion. • e i • February 23,2016 Florida Rules of Civil Procedure Page 69 Work Product of The Florida Bar