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HomeMy WebLinkAbout2026-072ERIC FLOWERS, as Sheriff of Indian River County, Florida, Plaintiff/Petitioner, VS. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a Political subdivision of the State of Florida, Defendant/Respondent. A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Case No: 312025 CA 000769 Admin No: SBA -25-004 SETTLEMENT AGREEMENT Petitioner/Plaintiff, Eric Flowers, as Sheriff of Indian River County, Florida (hereinafter "Sheriff') and Respondent, Indian River County, a political subdivision of the State of Florida, (hereinafter "County") hereby stipulate and agree as follows: FACTS This agreement is based upon the following statements of fact: 1. The County held a Final Budget hearing on September 17, 2025, approving the 2025-2026 budget, which increased the Sheriffs budget by $6,861,517 for a total budget of $85,773,472. The Sheriffs total request was for a $12,214,886 increase to the 2025-2026 budget for a total of $91,126,841. The difference between the two is $5,353,369. 2. On October 2, 2025, the Sheriff filed a Complaint for Writ of Mandamus, Circuit Court case number 312025CA769, alleging procedural issues with the County's budget process. 3. On October 20, 2025, the County held a Special Call meeting to discuss the Sheriff's budget request and approved the Sheriffs funding at the previously approved level of $85,773,472. 4. The Sheriff timely filed a Petition to appeal the County's budget decision pursuant to Florida Statute 30.49 to the Administration Commission on October 23, 2025, case number SBA -25-004. 5. The County filed timely responses to each action. 6. The County and the Sheriff have negotiated this agreement to settle all matters and resolve all areas of dispute. TERMS Based upon the above facts and in consideration of mutual covenants contained herein, the County and the Sheriff agree as follows: 1. It is the intent of this agreement to fully resolve all issues raised in both Circuit Court case number 312025CA769 and Florida Administration Commission Case number SBA -25-004 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK relating to the Sheriff's 2025-2026 fiscal year budget. It is also the intent of both parties that this agreement address and resolve the Sheriff's 2026-2027 fiscal year budget. 2. The Parties agree that this agreement contains the entire and exclusive understanding and agreement of the Parties and may not be amended or modified except by mutual, signed agreement of Parties. 3. The signatories hereto represent and warrant that they have read this agreement, that they understand the terms thereof, and that they are executing the same voluntarily and upon their best judgment, solely for the consideration herein described. 4. This agreement shall become effective upon the last date of signing by the Parties. 5. Within 24 hours of the County signing, the Sheriff shall file a notice of voluntary dismissal of case number 312025CA769 in the Circuit Court of the Nineteenth Judicial Circuit. 6. Within five (5) days of the County signing, the Sheriff shall file a withdrawal of his appeal number SBA -25-004 and all pending petitions filed with the Florida Administration Commission pursuant to Florida Administrative Code 28-43.006. 7. The County agrees to provide additional appropriations to the Sheriff in the form of a budget amendment in the amount of $3,500,000 as provided by Florida law. 8. This amount shall be added to the Sheriff's 2025-2026 budget for a new total budget of $89,273,472. 9. The Sheriff agrees to make no further budget amendment requests during the 2025-2026 fiscal year except in the event of an emergency as declared by federal, state, or local officials affecting Indian River County that materially impacts the Sheriff's budget. 10. The Sheriff and County agree to a $4,000,000 increase in the Sheriff's 2026-2027 budget for a total budget of $93,273,472. The Sheriff agrees not to appeal the 2026-2027 budget funded in this amount. 11. The Sheriff agrees to provide the County with all detailed budgetary information as required by law for the 2026-2027 budget. 12. Each party shall bear its own attorney's fees and costs. IN WITNE WHE OF, the Parties hereto have caused this agreement to be executed by their under ned o ials as duly authorized. By: Eric Flowers Indian River County Date Signed: C. )o 2 Attorney Or®Indian River County Sheriff .• 'gip hl M/ss•• INDIAN RIVER COUNTY BOA�I '' .•F��:` OF COUNTY COMMISSIONFM-. By: Deiyl Loar, Chairman 91%R�, •�;.._.r'•�' Date Signed: ATTEST: RYAN L. BUTLER, CLERK TO THE BOARD AND COMPTROLLER By: eputy Clerk APPROVEP: By: �v V Y John A. itkanich, Jr. County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: " 04ennifei Shuler County Attorney STATE OF FLORIDA SOIAM RIVER COUNTY TMB 1 CERTIFY THAT T IS A TRt1E AND CORRECT C THE ORIGINAL W T OFiICE 97 DATE ��' Z