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HomeMy Public PortalAboutNewspaper Articles (PRA)LEGAL Public Records Tips for avoiding pitfalls by John T. Conner, Esq. Dean, Ringers, Morgan & Lawton, P.A. Il too often we see newspaper articles from across the state reporting an alleged violation of the Public Records Act. While compliance with the act can be difficult and requires the time and attention of administrative and supervisory employees, non-compliance may result in a lawsuit against the government or even individual employees. Public record lawsuits also potentially subject defendants to a claim for a plaintiff's attorney's fees, and even to criminal sanctions for knowing failure to comply with the act. Proper compliance with a public records request is imperative. The Public Records Act is far-reaching. It applies to all public entities including cities, towns, villages, counties, state agencies, appointed or elected boards, and special districts. It even extends to some private entities that step into the shoes of, or perform functions for, state or local governments. Simply stated, the act permits any person to inspect or receive copies of public records simply by making a public records re- quest, which need not be made in writing. Requests can also be verbal, either in person or telephonically. The act defines public records very broadly. Simply stated, all materials made or received by an agency in connection with official business that are used to perpetuate, communicate or for- malize knowledge are considered public records. This is a very expansive definition, including written documents and nearly any other material, such as audio and video recordings, emails, maps, photographs, etc. RESPONDING TO A REQUEST The first step in responding to a public records request is to formally acknowledge receipt of the request. If the request is made in writing, an email or correspondence (as appropriate) should immediatelybe sent acknowledgingreceipt ofthe request If the request is made verbally, a written response should be provided to the requester either by letter or email. If the request is so vague that records cannot be identified, the requester should be notified of that fact as soon as possible. Regardless of whether clarification is needed or not, efforts to identify responsive records should begin immediately to the extent possible. If the request places a significant administrative burden on the public entity, an administrative fee associated with efforts to comply with the request may be charged. Once the records have been identified, they should be re- viewed to determine whether any statutory exemptions forbid their public disclosure. All exemptions from public disclosure TOP PHOTO®ISTOCKPHOTO,COM r�! I lII��I � f1�15r1�r FEATUREM are codified in the Florida statutes. The statutory exemptions are narrowly construed and judges are given virtually no discretion in how they are applied. If some requested records are exempt Pursuant to statute, the requester should immediately be notified which records are exempt and of the specific statutory exemp- tion. It is always wise to consult your legal counsel to determine whether any statutory exemptions are applicable. Finally, when you are ready to produce the requested records, be sure you understand the means by which the requester seeks to receive or review them. The act does permit a simple inspec- tion of records, meaning that the requester need not actually receive copies. However, copies of public records can be request- ed, and the public entity may charge $0.15 per one-sided page for most records. If the records are kept in an electronic format, a requester may ask for copies of the electronic documents in their native format. THE CHALLENGE The act places a significant burden on governmental entities, and the process of responding to these requests is rife with pit- falls for the unwary. It is always wise to consult legal counsel during this process to maximize the chances of a smooth pro- duction and minimize the chances of litigation. Because of the potential consequences of improper compliance, public record requests must be treated seriously. There is a growing community of individuals and organiza- tions in Florida who appear to use the act as a means to harass and annoy public entities. Unfortunately, the act states that the motives of a requester are irrelevant and do not affect the public entity's duty to respond. The best chance of handling public re- cords requests in a seamless manner comes when public entity employees and their counsel work together in a good faith effort to get the job done. John T. Conner, Esq., is a partner with Dean, Ringers, Morgan & Lawton, P.A. in Orlando. QC VGOTO: The Florida Public Records Act is codified at Section 119.01, at. seq., Florida Statutes. To read the act, visit www.flsenate.gov/Laws/ Statute5/2011/0apterll9/All. JANUARY/FEBRUARY 2015 1 QUALITY CITIES 31 A Of Counsel [ Florida Law f-�10 (��-+ 1 t�N 0 By Art Levy la levy @flu ridatre nd.ca ml Contempt of Court The state's judiciary system steps up its efforts to discourage unprofessional behavior. By the late HBO% complaints about rude and unprofessional behavior among Florida lawyers had become so frequent that the Florida Bar created a task force to study the problem. After seven years of research, the committee issued a report that described the state of profes- sionalism among lawyers as being in "steep decline." Efforts by the Bar to improve the situ- ation included education programs that stressed the importance of civility. Flor- ida attorneys heard plenty of speeches on the topic, and many attended panel discussions and meetings at both the local and state level. The complaints — originating from judges, clients and other attorneys — ac- tually increased during the recession, however, as more lawyers found them- selves competing for the available busi- ness. Common problems included at- 92 FEBRLIARY2014 FLORIOATRENO.COM torneys verbally abusing each other and acting disrespectfully toward judges. Florida Supreme Court Justice R. Fred Lewis, chairman of the Florida Com- mission of Professionalism, says the Bar spent the last two years studying the issue and discovered that "every survey that we were able to find listed profes- sionalism as a major problem for most lawyers and judges:' The commission concluded, Lewis says, that the academic approach needed to be supplemented. So, last June, the Florida Supreme Court issued a nine -page decision outlining a more aggressive approach. The court instructed each of the state's 20 judicial circuits to create pro- fessionalism panels, where attorneys, judges and clients can report unprofes- sional conduct. The panels will screen the complaints and forward serious via - lations to the Florida Bar — which could - lead to sanctions, including suspensions or even disbarment. For complaints that don't rise to the level of code violations — insulting a lawyer or a witness during a deposition, for example — the panels can choose to simply counsel the of- fending lawyer to do better. The panels won't have the authority to impose punishment — at least not yet. Each panel will report to the professionalism commission quarterly. The data on the number of complaints and how the complaints were handled will likely determine if the panels get additional powers. "This is the first step to see if we can, within the profession and with the ad- vice and counsel of our peers in local communities, start turning the tide," Lewis said. "It's a mechanism to call them in and sit down and talk about it. Hopefully, we can improve professional behavior and do it without having to have huge disciplinary punishments right off the bat" So far, at leastseven ofthe state's circuits have established professionalism panels, including courts in Escambia, Lake, Pinel- las, Hillsborough, Volusia, Indian River, Palm Beach and Broward counties. William R. Clayton, a shareholder at Greenburg Traurig in Fort Lauderdale, is a member of the Broward panel, which started work last fall. The goal, he says, is to "get the offendinglawyer on the right track and not repeat the conduct" Clayton, who has practiced law in Florida since 1985, says civility among lawyers has clearly declined. 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O 3L N n m 7 ' 'a n _ am w w is �' :01 Zu 3 o a Z) 0m fad fn mew CL r;3 m mc :V r� m mq CD rML _O CA cm O cna 0 S O C ca r 0 M m 0 O .ZJ v cn cn r_ 73 CL w n :3 - Pi N O Lul 'fl O 0 0 CL 0 w N O L r �Srt C)CDa Z ca CD N '+ 3 �C) >M z d 3 cn mmy G -q N cn m�9m 0 aw oo G� rD �o = Z C., cu- = M N O O• y . I� rD a 3 r �Srt C)CDa Z ca CD N '+ 3 �C) >M z d 3 cn mmy G -q N cn m�9m •J m aw oo G� E5 0 m O mx c .► D aw oo G� = r = y . t�/i a 3 a ZZ m o c n of N N 88 �g Ch as O A72 THE PALM BEACH POST REAL NEWS STARTS HERE I SUNDAY, MARCH 15.2015 POST WATCHDOG: PUBLIC RECORDS Records continued from Al of public officials," At- torney General Pam Bon- di wrote in the Govern- ment -in -the -Sunshine Manual. "Instead, it is an enforceable right of the people." Many CDs cost less than $1 to purchase As part of Nation- - al Sunshine Week, The Palm Beach Post ana- lyzed the sheriff's office invoices for purchases of CDs and DVDs during 2013 and 2014. One ex- planation for such a high charge for CDs would have been that the sher- iff's office was overpay- ing for CDs. But they weren't. The sheriff's office paid as lit- tle as 7 cents each for 300 CDs from Staples and as much as 31 cents each for 4,800 CDs from a shop in Pleasant Hill, Ohio. It bought CDs and DVDs on Amazon and from spe- cialty stores in Nebraska and Texas. Even the 12,700 Gold Evidence Grade CDs with the "Diamond Protec- tive Coat" bought from Adams Evidence Grade Technology Inc. in Uto- pfa,Texas,averaged $2.33 apiece. Blu-ray liiscs averaged $2.51. ® Still, in one records re - guest by The Post seek- ing entails from the sher- iff's office in November 2014; the sheriff estimat- ed the charges at $976, including $260 for 13 CDs to hold the emails. In a statement, the sheriff's office said the CD fee complied with open records law. However, the statement also said "the agency is in the process of revising the price sheet to reflect current costs." The update is due, spokes- woman Teri Barbera said, because the fees have not been updated since 2008. The sheriff's office based the $20 CD fee "on Tracking Number COUNTYPALM BEACH CENTRAL PECCIRCIS eatable P•aTo/al Paee Bilab{a -01,0 Coat 1001% 0 OFFICE Htt4hb Tool e Nm% TOW hate Fee 14-12.0528 Deposit based on 1 hour Per employee IMed at their rete of pay $716.66 Toru o $0.00 0 $24.47 $o.00 S71ww supplemental Items OvenWy Total Billable Huva Baabte ante TcW Hoon% Fee Total C6s•S20 ea 23 $26000 0 $2447 SCoo SXR DVD's-$20 ea 0 Saco 0 S2447 500C DulovD-$21ea o so.o0 0 52447 so 0o se. sadio Tails - $5 ea 0 50.00 0 S2447 $000 $0. video Ta es -S20 ea C 5000 0 S2447 Saco $0. Color Photo •65 ea 0 $000 0 $24.47 5000 $0.00. any Photo -$2 ea 0 5000oun 0 S2d.dT 50.00 S0. Back d Chece.•S3 ea 0 5000 0 $24.47 5000 S0. CerbliedCopy -ilea 0 $000 0 $2447 50.00 $o. IOTA 23 5260.00 $24,17 $D. SM. Depoeii is based on the review of emails by each employee listed haled on their hourly rate of pay. Each person will have i m more Cora of data and therefore a deposit of $20 per Deposit Payment Amount Due 5976.�� so OD'. 5976. Above: A records request In November 2014 by The Palm Beach Post seeking emails from the Palm Beach County Sheriff's Office resulted in estimated charges of $976, including $260 for 13 CDs to hold the emal Is. The sheriff's office said it is in the process of revising pricing. Below: A Palm Beach county Sheriff's Office CD with an internal affairs Investigation requested by The Palm Beach Post. Palm Beach County Sheriff Ric Bradshaw, a Democrat and former West Palm Beach police chief, has been sheriff since 2005 and plans to seek re- election In 2016. BILL INGRAM / THE PALM BEACH POST 2013 the average projected cost of the time it takes a records specialist to set up the information, do the recording and review time," the statement said. It did not explain how that complied with the law's dictate that "'ac- tual cost of duplication' means the cost of the ma- terial and supplies used to duplicate the public record, but does not in- clude labor cost or over- head cost associated with such duplication." It also did not point out that the sheriff charges an additional fee, as al- lowed by law, for gather- ing and redacting infor- mation when "extensive" resources are required. The sheriff's statement said the actual charge for a CD could vary. How- ever, the cost for CDs is printed on the sheriff's office Central Records price list handed out to people requesting infor- mation. "CDs — $20 ea," it reads. The statement also said the office would charge nothing if the person re- questing a CD provided a blank CD, even though that contradicts the claim that labor is part of the CD charge. Unlike most govern- ment agencies, the sher- iff's office typically re- fuses to send records by email. No profit allowed Most government agencies in Palm Beach County charge a nomi- nalamount for a CD, -re- flecting the low cost of the ubiquitous comput- er discs. Of nine agencies surveyed by The Post, in- cluding Wellington, West Palm Beach, Palm Beach County, Palm Beach Gar- dens, Jupiter and Boyn- ton Beach, none charged more than $1 for a CD. That's the way the law is meant to work, Peters- en said. Governments can exceed the actual cost of duplication only if the request demands ex- tensive resources. Even then, however, the law does not allow the gov- ernment to charge labor costs for supplies. And governments can't turn public records re- quests into a profit center. That came up in a 1985 opinion by then -Attor- ney General Jim Smith. "The provision of ac- cess to public records is a statutory duty imposed by the Legislature up- on all records custodi- ans and should not gener- ally be considered a rev- enue -generating opera- tion," he wrote. If the sheriff's office can't explain its pricing, First Amendment law- yer Florence Snyder said, "one might be forgiven for thinking that they are try- ing to accomplish improp- er ends — like using (the records statute) as a reve- nue-producing device." Ric Bradshaw, 66, a Democrat and former West Palm Beach police chief, has been sheriff since 2005 and plans to seek re-election in 2016. He last encountered 111irtestions over his public records policy in Novem- ber, when The Post wrote that the names of arrest- ed police officers rou- tinely were kept off the daily jail log published on the sheriff's website. The day after the story was published, the sher- iff stopped posting the jail log entirely, later cit- ing technical difficulties. At week's end, when The Post threatened legal ac- tion for withholding pub- lic information, the jail log went back online. Just finding out what the sheriff paid for CDs took more than two months. The Post sought the in- formation in writing on Dec. 1. By mid -month, the sheriff's office produced a $122 cost estimate for five hours of work at $24.47 an hour. The sheriff's of- fice would not begin work until The Post paid a $60 deposit, as allowed un- der the law, to pull the re- cords. The Post made the payment on Dec. 16. The records, however, were not produced until Feb. 12. At that point, the sher- iff's office did not seek any additional payment. It produced the infor- mation on a compact disc. And it waived the $20 charge. Staff writers Alexandra Seltzer, Kristen Clark, Eliot Kleinberg, Kevin Thompson, Tony Doris and Bill Di Paolo contributed to this story. Jengelhardt@pbpost.com Twitter: @JoelEpbpost DVIUORATivE• : When it hurts to do nothinn v c A 2 Z a J V O C - � a U E e W C �� O 'vV^j 0 O O O O b 03 AwQ a w�a Nc rosu.z o� U.S! x 0q v°ywoa go On. -CRA .�C 5 ox;3P4bo— Rylv 7 bD v �,x'�.' Til °, c3-Ebox�°Es sAAr. 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An- drew Ryan detailed efforts by the Globe to obtain records of the City of Boston detailing the gender and race of municipal employees ("City's gender, race files stay shut:' Metra, Sept. 5). Todd Wallack examined the undistinguished record of Galvin's office in upholding the right of the public, including journalists, to free and open access to information in public records ("Galvin often backs secrecy over disclosure on public re- cords:' Page Al, Sept. 14). I was Massachusetts state archi- vist from 1979 to 1995, and I recall the robust efforts of past supervi- sors of public records, under the secretaries of state at the time, to ex- pand access to information. John J. McGlynn and James W. Igoe acted vigorously to assure access to public records to the degree possible with- in the framework of the law. It is disappointing to see this en- ergetic commitment to open access to public records and open govern- ment seemingly eclipsed by a pat- tern of more restrictive access under Galvin. ALBERT H. WHITAKER JR. South Berwick, Maine ly opponent in the Nov. 4 general election. As the candidate for secretary of state from the Green -Rainbow Party, and Galvin's other opponent, I repre- sent a party that has consistently fought to make government open, transparent, and accessible. I want every public document to be scanned and available online to the public within one week from when the document was created. There should be no fees for down- loading these records, which, after all, are owned by the people. We should also make campaign dona- tions and expenditures available to the public as soon as the transaction is reported. Mindful of the fact that the US Constitution begins with the words "we the people we in Massachusetts should be doing a much better job of keeping the people informed about what government is doing. DANNY FACTOR Acton. Die writer is a public interest at- torney. A hand is raised over magazine's slip-up on school rankings BOSTON MAC'S decision to stop rating, ivafe high schools that are vastly different ("Boston Maga- zine retracts school rankings;' Metro, Sept. 14) raises a question about the state's own rating system. Milton Academy history teacher Robert Gilpin is quoted as saying that Boston Magazine's approach was 'like comparing apples and aard- varks:' Isn't it just as nonsensical to use English MCAS scores to compare the Dover-Sherborn Middle School, with (R027o1T, uo: jD 1V. -.ren aq : -uae pu -lasrp luaA U Bnrp! „laam sum Aicgs a v, s.q lnoq IA!a;. -aar..r8 r dno.ti9. 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O�� liosot ngroat the grow- sedofprod- mptionsoponex- ationduringthe2015 legislative session, I kept hearing the lyrics to the w Four Tops "It's the Same Old Song running Petersen Zughmymind Our legislators, it spond to complainttse nm� veru e t agencies and s �vernment about too much openness, lobbyists the concerns of citizens about the dit fail toffie� culty in accessinggovernment informa_ tion, a right of access protected in our state Constitution. No one could be blamed for thinking om. current legislators as they confront the issue of transpar- ency are obsessed with expand_ mgbiggovernment March IS kicked off Sunshine Week an annual weeklong celebration meant to highlight The ability to access the records and meet- ings ofgovernment is critical to our an to govern ourselves, to maintain civil fiber - ties and historic freedoms. ,uralto oversee and hold ourgovenunem ac- countablefor its act ons is a fund7en right in this country, and the principles of freedom, democracy and open govern_ mnt are inextricably and intricately woven into the very fabric of our nation Certainly, ignorance should never be a legislated part of that fabric. When your city is hiring a new city manager, you want to know who is apply- ing and whether they have sufficien texpe- rience. When a law enforcement officer is charged with using excessive force, you want to know more about the officer's background, We all want to ]now our government is doing its job, that our electfiilfilied officials are ng Promises made and faith- fully representing our interests and not the interests of those who would corrupt the process, and v e e importance ofoven m,..o,... doingthen.'ob ""Y' Y es are those laws are designed .. "urry Project startedde Florida led to protect The effort between the Florida 0Society2 OfNev as ajou Editors and the FirstAmendment Found tion, and was picked up by the American Society of News Editors a few years later and expanded to cover the entire country. One full week of celebratingsunshine in government In PreParingfor Sunshine Week 2015, I spent time reviewing the articles I've written over the years, and the lesson learned from my effort should be dis- turbing to everyone who believes our government works for the people and not against them. Year after year; too little has changed. Year after year, its business as usual. The same old song, when everyone citizens tows the status quo is not somethingthe citizens of this state should have to live with ifit doesn't serve their needs, Since 2002, the Florida Legislature has created 138 new.axe mptions to our consti- tutional right of access to the records and meenearly 12 p rc ntt o all bills Pas dye new exemptions to our right of access. In contrast, the last time the Legislature Passed a law that improved our access laws was 20 years ago — the Electronic Records Act of1995. The question is, why should you care? an at their authority. Yetwithont strong Week open government laws,accessto tro is beyonsuch vital government information d our reach, and every time our t Legislature creates another exception to s our right of access, our ability to oversee our government and hold it accountable is diminished, and we find ourselves cast out into the shadows where responsible citi- zenship does not thrive, But our right of access is under constant threat from top to bottom, across all levels Of government, and is constantly vul_ nerable to erosion. This week, you'llbe seeing a lot ofsto- ries about the problems we face accessing government information and editorials about the handful ofproposed exemptions that are unwarranted and unnecessarily lie' ie governmentinformation frompub- Whaty4won'tsee, though, is anything about our Legislature working to improve our right of access, to create an effective enforcement mechanism so we're not forced into court every time there's a viola- tion of our right of access, to ensure we have affordable and timely access to public records, that we're not shut out ofpublic meetings. Unfortunately, the same old song. Barbara Petersen ispresident ofFlorida's FirstAmendmentFoundation, a position she's held sincel995. J 7,1 E 2a N pp 10 O~o` r r � 3 8707'10 «u �u V •�O U �+ W N C X'N,d VVVN t0 � O �i 3b Y.t4 i•� m O U?j V u �yqn y a. O4 � •� m qqOqq � '� O.Z .� � O ,O U7'�pp �o b00 O V '�'zmB,CN.'nN�wtiEoa�•h� u ++ C � . •o —Vol U Y n � y❑7 M q3 O E mn.FaS�u KoV' OE N L.a N Yi � c�yy :3 a m O V V .9 FapC � d � �pC m 3 � o g g w qo NW�to m OgyF Sm Ni � '00X. .0 w•R NV •g Jry� m y`Y v&Ffi• p u�Q 0 N vOi'u� °a',°nyvm ¢cl bjD Um F•`1 � W CCo.� � � C � � ti'uC 'o gnaw f -0F r3 o n C ij C C 4�► ( ,� O p 2113 1 Sun Sentinel sunsentinel.com Sunday, March 15, 2015 PN RECORDS Continued from Page 1B also can encounter large fees and long wait times, said Barbara Petersen, president of the Tallahas- see -based First Amend- ment Foundation. They often don't have the re- sources to fight for them. 'And it's become more and more of a problem," she said. "We have seen over the years a dramatic increase of the cost of gaining access to public records and an in- crease in the time for an agency to produce those re- cords:' Peterson said she always assumed when government agencies became mostly computerized it would be easier and cheaper for the public to obtain records. Instead its become more difficult and expensive. Peterson said she couldn't say the high fees and longwait times were an intentional strategy to block the public's access. "But it's certainly an ef- fective mechanism to thwart our constitutional. rights to access. It's a barri- er," she said As part of the audit, 10. Florida newspapers re- viewed how agencies throughout the state re- spond to records requests. The newspapers asked for the same records in each part of the state from police agencies, school superin- tendents, mayors, county administrators and elected state attorneys — paying close attention to cost and delivery time estimates. The audit is a nonparti- san, national effort to high- lightthe importance of the public's right to inspect and obtain public records. The public's access to emaiLs and investigative reports is a way citizens can hold gov- erunentaccountable. The exercise showed that agencies throughout the state vary widely on whether they charge and how much they charge for similar types of records. A lot of the cost difference was driven by how long each agency said it would take to go through records to redact potentially ex- emptedmateriaL Of the 45 Florida agen- - STEVE CANNON/AP "We have seen over the years a dramatic Increase of the cost of gaining access to public records and an Increase In the time for an agency to produce those records;' said First Amendment Foundation President Barbara Petersen. spond or acknowledge some portion of the re- quests within two weeks. Those three agencies or officials were the Okaloosa County Administrator, the Walton CountyAdministra- tor and the 4th Circuit State Attorney's Office, which serves the Jacksonville area. Jason Parsley, a former president of Florida's soci- ety of Professional Journal- ists and the executive editor for South Florida Gay News, made a request last year to have every Broward County Sheriff's officers emails searched for gay slurs over a five-month period, and he included specific terms, The sheriff's office told him it would cost $399,000, 'take four years and a dedi- cated staffer. Peterson said the Broward Sheriff's Office may be violating law if it is maintaining its records in a way that requires so much labor to comply with a re- quest such as Parsley's. Agencies are often inun- dated with public records requests. In June, the Flori- da Times -Union requested copiesi�l1f use -of -force re- ports ffom the Jacksonville Sheriff's Office. The paper was originally told the re- quest would cost $71 an hour and would take about two -and -a -half hours to re- view and redact each re- port. That would have cost about $887.50, or $177 per report, for five reports. After the Times -Union questioned the costs, the price was dropped, and the paper paid $469 for five re- ing up about $40 a report, the Sun Sentinel found. The St. Petersburg Police Department responded to a request for internal -affairs and use -of -force docu- ments from the Tampa Bay Times by providing the documents at no cost Sometimes there's a de- bate on whether records are considered public. Even when there's not a debate, it can take weeks or months to get some simple records. Last summer the Sun Sentinel requested a list of Broward County Public Schools personnel. The pa- per had to pay $87 for the list and it took nearly eight weeks to deliver. In Jacksonville, the Times -Union requested a staff phone directory from State Attorney Angela Co- rey's office. There was no charge for the document, but providing it took four months. "That's not reasonable," Peterson said. "A phone di- rectory is a commonly re- quested public record' Peterson said she knows the school system and Co- rey's office receive lots of records requests, burro wait eight weeks or four months for simple records is not reasonable. Corey's office and the Broward school system re- ply to requests on a first- come, first-served basis. So if a member of the public requests the minutes from a public meeting that require no redactions, but that re- quest is behind a request that takes weeks, the two w Ano E �a c A °. N n �^ F° m m n P'y J7 w o° P `C � �n"J 5�+ a o. o' C�: �7 g, j o c. tVWNAJ J� .`� CL �; d'q �, A G' S 'F'' m o r� a. 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I'm sure we are t I of it, because we don' Susman, who also a Sen- from the DeP we as chief counsel to th Just ce, which had claimed have the wherewithal Committee, privilege, once had as REC�R e,B ate Judiciary C°Tn"T' executive p ons vice presi- rotracted FOIA theFastandFuri Barbara Wall, associate reach the public sateand apparent indnf- Scandal, wbi h involved a dent and senior Gannett FOIA raw, less contextual process by Judi n traf- general counsel a Gama in a raw,, reach the ference displayedtitters quickly botched that al- g country's form• Or it may to resolving a tradi- fickmg ads of firearms Co Inc., one oftheompanies, . ht discourage lowed largest media eideathat 9 public through aQrcm y mig organizations to fall into the hands of hesbackonth cal risen news org drug cartel en- Pr's backing oft notnreach the public at all, �mlegalchallenges. Mexican newspapers are orting• remaining m the hands of "At the Justice Depart- forcers. victories are investigative rep meat there has never been ,A lot of our Gannett she said, is fighting the private interests that to the agencies ac- este, — and often sought it out. incentive tlieseressesn he holding to dojustthar Another upshot: Governsloµe media countable. A from failure said Gannett news ttnentoffices say r11eY are said"Theyknow ower!' lawsuits stem more overwhelmed with re- doesrethavestaYingp to respond for several Wall organizations hadending q three- Others pointed ddl to months;' he said- an inves- than 20 lawsuits sorne in- oasts. across the country, and ,,We're pushing modern-day son mr- Jason Leopold record re4uests k quarters of a mils dl fru room, which thri tigative reporter for Vice volving access to ally,saidFredJ.Sadler,who ttiediacY of news hap News, a digital channel nn others seeking and court after four ,So much launched last year `w public meetings retired recentlyproceedings*- O erations ens quickly now, and the Vice media networ , decades in FOIA P ately the P said special interest gr These sorts lead to im- and Drug P rocess oups, P „she at the U.S. Food unfortunsaid Adina Rosen- s and private nidi- ortant local stories, Administration. ,You just doesn't: with busmesse FOIA• P . noting that the Nash - don't an attorney viduals all often iii use said, e�eanreportedin don't have en°ng public Citizen, a consumer- Leopold hinre villeTenn amonths- sources. review of thou- FO1A extensively to report following about A recent revi re_ rights watchdog group• �, .2013 court— battle — sands of federal court Scott Hodes, a veteran on n tion pierce the how the state hard wed to n FOIA attorney and pub to ierce the secre- II cords conducted by risac o alar FOIA five operations of the mil cure University s Transac- lisher of the dis view, and children cco in state custody. tional Records Access Blog shares media andor- . detention en ret ahildre for thedeathso 2 house found that notes that T°aTly Guantanamo Bay' "Most of these suits are Clearinghouse are struggling su an in a derailed account filed - the state courts media Organizations were anizations hine laws, ung fewer lawsuits chal- financially. ro of the 2012 death of Yemeni under state sunnational at - federal govenmient term P l- risoner Adnan Lan and few draw is nCny than • past years. ,If it is a long- ani media P not have m act the mainstream While Vice may news tention; Wall said• t new The study, which compared doesn't have the interest or the Pedigree Of legacy d's w Yet the costs to fight con - the last four Yew of thearily the resources to zations, LeoP legalbattles are serious GeorgeW Bashadrr�rrnrsrTa nlaewhat I'd call the long oeFOIAPr�suitslrave sideration the Tulsa the fust term Of play said Hodes, who ned him distinction Last year, within the to e1ean a World news�apeT joined the Obarna adrmrr'sttaaon' added that "mof money .ainstreain m a P with the Reporters o orn- the found that news dropped media had d they used big ending, FOUL law- a for Freedom tion lawsuits dT°plJe the past air laµ finas dozen P ated1,000 ttutre a state of bar t lawfirms•ATndbig suits and anesrmr nests at Press to sue ill re - against to 1g, This stood oar charge big fees:' Oklahoma for records against the total num the money, information req FOIA suits brought by all So who has agencies across the govern- lated to the botched Ihoecke he plaiii -ffs, which was higher and the inclination to spend ment. the flood tion of Claytonted Presi- laint, , firstObatnaterm its a veteran In some forUms, - n re_ execution P1Omp to call duringthan the last years Matt Smith, Center of routine information fdent oranarack Obamaofhow tenure- urnalisr with the orting quests from {oranationalrevn is carne In a separate examina- lfor Investigative Rep groups has slowed the re- the death penalty tion published late last year, . Emery'ille,Calif,sFp� lease Process for documents Out anewspaper, Syracuse researchers found Often reviews agency else sought by media omZB For the Tullthat lawsuits — Christie, ed- the partnership mear>d t,. that more FOIA thelogs to check d inhis areas tions, said John Chi fed2 were filed agamst eral gowill vernrrn?n n fiscal oontinue its tra truckingst° and finds that pine TTreecW�r hdOg' f ane Of seecanking a cess but lege T arty Year rivateinteresisareatWOrk line publication Of not have to bear the legal year 2014 than ite that vol_ P Maitre Center. The In- costs. Susan Ellerbach, the since 200E Desp "pu Goo le names finis, or The not- executive edi- the report found that if you Google name dishy terest Reporting'five web- tra-or,snewspaper's iiia, for-profitinvestiga tor, said litigation was a The Newer called ""legacy" FOU'` log they are ei "verylastresort." le - di only ation to have investigators or their coin- nnedna used to do, Com_ pvestiga, said Smith. "It site does the work t news organtz o{ pub- otio the release Had access to no' not been t several legal seems to be less sort P seeking eases gal representation not bee s brough organizations sucks available, Ellerbach said, lengesinfederalcourt lic-serving g, Of gubernatorial exp inter- ending at the execu- likely that ,we would not Among the other news and more mdivndiiel for and spending proceed groups identified' re 2014 ests that ate using FOIA tive mansion been have been able to somethingatareumwbichtheY When withalawslu efami- research were mcpropeubli- C ' slowed downelrr getting Before the longtim industry players: advocacy ened to ed newspaper was ca, MackRock and Vice ThPesnth Judicial Warclr• things' and it hap at was lY-°w°. rite last summer, as we were sold rut 2013 to BH Media News. 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T tzG)0 m dm.y0aam°vm w O'+(D C OW w �•u 0 am >OmymviOm mc�mmw ma CD �' < N !0.y1 • n w'<trjy n.aw n.+ro SD 0 7� ry C o n w� s p w w ,7 w O d ELe ~ c{ m .C. aO O. `n' C E n n F, to D -4 o 0 rn !7 N C M rn IV J CD V C r- 0 0 X rn 0 0 r D E ,3 I C 0 7 �. T tzG)0 m dm.y0aam°vm w O'+(D C 0 am >OmymviOm 3.7% CD �' < N !0.y1 • rF SD 0 7� ry C o n w� s p w w ,7 �• ~ V• aO O. `n' C E n n F, to D -4 rr (D am`� �num,o•ow�'I w 03 Ln O Kam 0.1a^ 3 m rD.L] w Frit• T5ryoymK.m dO �•G,(D Vmi QA R A M O 9 Bill Proposed to Alter Public Records Laws The Ledger.com By TRISTRAM KORTEN FLORIDA CENTER FOR INVESTIGATIVE REPORTING Published: Saturday, January 10, 2015 at 11:16 p.m. Last Modified: Saturday, January 10, 2015 at 11:16 p.m. TALLAHASSEE I Two Florida legislators proposed bills last week in the state Senate and House that would amend the public records laws to protect private companies doing business with state agencies. Open records advocates say the bills as written would impede access to public records. The legislation, filed by state Sen. Wilton Simpson and Rep. Halsey Beshears, follows a Florida Center for Investigative Reporting story on a nonprofit foundation and a law firm that allegedly engaged in a predatory practice of filing numerous public records requests against public and private agencies and then suing for noncompliance with those requests. The foundation has since suspended operations as the Florida Bar investigates members of the law firm. "The Florida Center for Investigative Reporting uncovered details about these cases that are deeply troubling," Simpson stated in a press release announcing the bills. "[A]cross Florida, individuals are approaching some of these businesses to make public records requests for only one purpose: creating confusion for the business owners that leads to frivolous lawsuits to obtain cash settlements." FCIR found more than 140 lawsuits filed in 27 counties by the Citizens Awareness Foundation and sister organization Our Public Records LLC. Lawyers from the O'Boyle Law Firm, which shares the same address as the foundation, were used in all of the lawsuits FCIR reviewed. South Florida millionaire Martin O'Boyle founded the Citizens Awareness Foundation in January 2014. He also lent his son, Jonathan, a Pennsylvania lawyer not licensed in Florida, $400,000 to start the O'Boyle Law Firm a few weeks later. Both entities were housed in the office of Martin O'Boyle's real estate development firm in Deerfield Beach. Joel Chandler, the foundation's executive director, quit six months into the job, saying he had concerns that coordination between the law firm and the foundation was unethical and possibly illegal. Court records and internal communications reviewed by FCIR, along with interviews with Chandler, indicated there was pressure on the foundation to generate lawsuits for the law firm exclusively. The foundation's board is made up of employees from the O'Boyle Law Finn and Martin O'Boyle's development company. The lawsuits took advantage of a year-old change to the state's open records law stipulating that private businesses contracting with public agencies must provide their records for public inspection. Many businesses were unaware of this change. Chandler said he objected to the tactics used, but maintained that the records requests he filed that resulted in lawsuits were nonetheless lawful. The Citizens Awareness Foundation filed so many lawsuits against private engineering and road - building companies that industry associations sent warnings to members. "This bill protects the citizen's right to know, while also protecting contractors from bad actors scamming the system to line their own pockets," Beth Rawlins, president of the nonprofit Florida Business Watch, was quoted in Simpson's news release as saying. But Barbara Petersen, president of the Tallahassee -based First Amendment Foundation and an FCIR board member, said she thinks the proposed legislation limits access too severely. "We have some concerns with the bill as drafted," Petersen said. "We met with Sen. Simpson to discuss our concerns and we hope that we can find some middle ground." Petersen's main objections involve requirements that a certified letter be sent five days before filing a lawsuit and proving that a vendor willfully did not comply with a records request. Many open records advocates feared the Citizens Awareness Foundation controversy would give opponents an excuse to weaken Florida's strong open records laws. Meanwhile, the Florida Bar confirmed to FCIR that it is investigating several lawyers in the O'Boyle Law Firm. Jonathan O'Boyle is not licensed to practice law in Florida but can perform certain activities under supervision of a licensed Florida lawyer. According to Chandler, O'Boyle might have violated those restrictions. A representative with the Florida Bar contacted FCIR and asked whether a reporter would comply with a subpoena in its investigation. FCIR said the journalist would not comply, citing a policy of not allowing reporters to testify under oath. Martin O'Boyle, who originally declined to speak with FCIR on the advice of his lawyer, contacted the news organization after the story was published. He denied that the foundation was designed to profit from the lawsuits, and said the law firm had not made back the $400,000 he lent his son to start it. He said his son did not violate Florida Bar rules. "This is a good kid," O'Boyle said. "He has said to me many times, `Dad, all I want to do is be a public records lawyer.' That's where his heart is." But because of the investigation, he said, there's the possibility he won't be able to practice in Florida "Joel has taken that from him," O'Boyle said. O'Boyle also objected to Chandler's assertion that the Citizens Awareness Foundation had to meet a specific lawsuit quota for the O'Boyle Law Firm. Foundation board member Denise DeMartini sent Chandler an email in April 2014 that read: "I am in the law meeting now and have been told that you have only provided eight new cases for this week. We were expecting a minimum of 25 a week." DeMartini told FCIR that she was simply responding to numbers Chandler had promised he would provide, but that there was no quota Chandler disputed this. "The intent of the email is clear on its face," he said. "There was the expectation that I produce 100 lawsuits a month exclusively for the O'Boyle Law Firm." It was one of the main reasons he quit, he said. Following FCIR's story, Citizens Awareness Foundation has stopped filing new lawsuits and funding has been suspended, according to Martin O'Boyle and DeMartini. "With everything that's going on, things have slowed down quite a bit," DeMartini said. "We are re-evaluating what our future is going to be." [ The Florida Center for Investigative Reporting is a nonprofit news organization supported by foundations and individual contributions. For more information, visit fcir.org. ] SS Op Ed: "Make Florida's budget process more transparent" Mark Pafford, House Dem Leader. Nostalgia for Reuben Askew. Fought for Sunshine Law. Budget deals now always behind closed doors. Calls the budget a "charade". Wednesday, March 18 SS Op Ed: "Sunshine Week is a time for celebration and trepidation" Joel Chandler. Sunshine week coincides with birthday of James Madison --ardent proponent of open government. ..."a people who mean to be their own governors must arm themselves with the power which knowledge gives..." Lambastes this year's proposed exemptions. Cites recent cases suggesting "even the courts have become sensitive to the sunshine (a) South Florida ruling that public officials don't have to permit records if they are "uncomfortable" with the requestor's appearance (his words), and (b) FL Supreme Court currently considering fee shifting when requestor (media outlet or citizen) fails to prove to that agency broke the law with "malice" or "in bad faith". Quoting Chandler " such a decision will effectively eliminate any enforcement of the Public Records Act, and essentially make compliance with the law voluntary. (NEEP?O RESEARCH -THIS FURTHER)— iy yE i S e-ErE9,1N6„x p<< c up--ris t�.F Vs JAX FO"C--C cfFlfIZ fgNseautuPrrc n,e Cr. a�, elcv� Cc.,O Thursday, March 19 ti.Qz. SS Op ED: "The some old song" by Barbara Peterson. "Our legislators are quick to respond to complaints from government agencies and special interest lobbyists, yet fail to hear the concerns of citizens about the difficulty in accessing government information, a right protected in tour state Constitution. " Sunshine Week started in 2002. Last improvement was Electronic Records Act of 1995. Legislature incapable of creating an enforcement mechanism so we're not forced into court every time there's a violation of our right to access... \ ) Friday. March 20 fV75J SS: " New players replacing newspapers in seeking government info" (AP bi-line). FOIA of 1966 designed to allow media to seek documents et al, in the public interest. Now, surge of requests from bloggers, advocacy groups, corporate lawyers, researchers ...tapping the promise of open records. Upshot: government offices overwhelmed. Media landscape changing. Lawsuits declining. Sidebar: "the e changing landscape means that information obtained under FOIA may reach the public in a raw, less contextual form. Or it may not reach the public at all, remaining in the hands of the private interests z that sought it out. " \` �� r �� VV J- .car ✓` rw% Sunshine Week (March 15-21) Sampling of Articles Sunday. March 15 Sun Sentinel: "Public Records Come at a Cost" Statewide audit by 10 FL newspapers. BP "We've seen over the years a dramatic increase in the cost of gaining access to public records and an increase in the time for an agency to produce those records". Data based upon same requests to 45 public agencies. SS: "State is Usually, but not always good on access to records". State AG runs a mediation program to assist journalists and public (to) resolve disputes over public records, but the process is no cure all. FDLE "60% increase in number of PR inquiries in ...past 2 years". SS Editorial: "Florida Chips away at your right to know" Florida Sunshine Law ...under attack. In 1985 250 exemptions..now over 1100. in 2014, 12% of all bills..."closed the door on access to public information (says FAF)" ( Re government: ..."when they think no one is watching, people can do bad things, especially with other people's money" (Note: SS Opinion Editor Rosemary O'Hara serves on the Board of the FAF and coordinated this year's effort on behalf of the Florida Society of News Editors). Letter to SS editor: "Exemptions hurt Accountability" Opposes HB182/SB 223 re executive searches for higher education institutions. Writer is a FSU associate professor. Palm Beach Post: "Public Records a Money Maker?" Sheriff buys 9400 CDs at 26c/per and charges $20. Law: "cannot include labor and overhead" . Pam Biondi quotes Government in Sunshine Manual. Sheriff : $20 fee based upon cost of time it takes a records specialist to set up the information, do the recording and review... Paper lambastes Bradshaw. PPB Editorial: Florida's Open Government tradition needs tireless defense". "It's clear that some state and elected officials find this openness frustrating, inconvenient, and even at some times, embarrassing- -(Scott faces civil lawsuit) .... 35 exemptions proposed this year, according to FAF (reported as 45 exemptions in other sources) Monday, March 16 SS Op Ed: "More than most, Gov. Scottfails transparency test" Extols Bob Graham as champion for transparency. Details the style of former governors. Written by Lucy Morgan, former Capital Bureau Chief for TB Times. Tuesday, March 17 SS Op Ed: "Openness important to Florida's fiscal health" CFO Jeff Atwater: "...my duty to be a watchdog ... but 20 million watchdogs better than one" Inefficiencies in your government rob you of your hard earned money. Florida's PRIG rating (transparency grade) has climbed from D to A- since 2011. CFO office keeps tabs on 65K state contracts and grant agreements, all accessible to public. Invites citizens to go to Explore Transparency Florida website. Sunshine Week (March 15-21) Sampling of Articles Sunday. March 15 Sun Sentinel: "Public Records Come at a Cost" Statewide audit by 10 FL newspapers. BP "We've seen over the years a dramatic increase in the cost of gaining access to public records and an increase in the time for an agency to produce those records". Data based upon same requests to 45 public agencies. SS: "State is Usually, but not always good on access to records". State AG runs a mediation program to assist journalists and public (to) resolve disputes over public records, but the process is no cure all. FDLE "60% increase in number of PR inquiries in ...past 2 years". SS Editorial: "Florida Chips away at your right to know" Florida Sunshine Law ...under attack. In 1985 250 exemptions..now over 1100. in 2014, 12% of all bills..."closed the door on access to public information (says FAF)" ( Re government: ..."when they think no one is watching, people can do bad things, especially with other people's money" (Note: SS Opinion Editor Rosemary O'Hara serves on the Board of the FAF and coordinated this year's effort on behalf of the Florida Society of News Editors). Letter to SS editor: "Exemptions hurt Accountability" Opposes HB182/5B 223 re executive searches for higher education institutions. Writer is a FSU associate professor. Palm Beach Post: "Public Records a Money Maker]" Sheriff buys 9400 CDs at 26c/per and charges $20. Law: "cannot include labor and overhead" . Pam Biondi quotes Government in Sunshine Manual. Sheriff : $20 fee based upon cost of time it takes a records specialist to set up the information, do the recording and review... Paper lambastes Bradshaw. PPB Editorial: Florida's Open Government tradition needs tireless defense". "It's clear that some state and elected officials find this openness frustrating, inconvenient, and even at some times, embarrassing- -(Scott faces civil lawsuit) .... 35 exemptions proposed this year, according to FAF (reported as 45 exemptions in other sources) Monday. March 16 SS Op Ed: "More than most, Gov. Scott fails transparency test" Extols Bob Graham as champion for transparency. Details the style of former governors. Written by Lucy Morgan, former Capital Bureau Chief for TB Times. Tuesday, March 17 SS Op Ed: "Openness important to Florida's fiscal health" CFO Jeff Atwater: "...my duty to be a watchdog ... but 20 million watchdogs better than one" Inefficiencies in your government rob you of your hard earned money. Florida's PRIG rating (transparency grade) has climbed from D to A- since 2011. CFO office keeps tabs on 65K state contracts and grant agreements, all accessible to public. Invites citizens to go to Explore Transparency Florida website. SS Op Ed: "Make Florida's budget process more transparent" Mark Pafford, House Dem Leader. Nostalgia for Reuben Askew. Fought for Sunshine Law. Budget deals now always behind closed doors. Calls the budget a "charade". Wednesday. March 18 SS Op Ed: "Sunshine Week is a time for celebration and trepidation" Joel Chandler. Sunshine week coincides with birthday of James Madison --ardent proponent of open government. ..."a people who mean to be their own governors must arm themselves with the power which knowledge gives..." Lambastes this year's proposed exemptions. Cites recent cases suggesting "even the courts have became sensitive to the sunshine (a) South Florida ruling that public officials don't have to permit records if they are "uncomfortable" with the requestor's appearance (his words), and (b) FL Supreme Court currently considering fee shifting when requestor (media outlet or citizen) fails to prove to that agency broke the law with "malice" or "in bad faith". Quoting Chandler " such a decision will effectively eliminate any enforcement of the Public Records Act, and essentially make compliance with the law voluntary. (NEED TO RESEARCH THIS FURTHER) Thursday. March 19 SS Op ED: "The some old song" by Barbara Peterson. "Our legislators are quick to respond to complaints from government agencies and special interest lobbyists, yet fail to hear the concerns of citizens about the difficulty in accessing government information, a right protected in tour state Constitution. " Sunshine Week started in 2002. Last improvement was Electronic Records Act of 1995. Legislature incapable of creating an enforcement mechanism so we're not forced into court every time there's a violation of our right to access... Friday. March 20 SS: " New players replacing newspapers in seeking government info" (AP bi-line). FOIA of 1966 designed to allow media to seek documents et al, in the public interest. Now, surge of requests from bloggers, advocacy groups, corporate lawyers, researchers ...tapping the promise of open records. Upshot: government offices overwhelmed. Media landscape changing. Lawsuits declining. Sidebar: "the changing landscape means that information obtained under FOIA may reach the public in a raw, less contextual form. Or it may not reach the public at all, remaining in the hands of the private interests that sought it out. " Public Records Amendment/Attorney Fees Section 119.12, Florida Statutes, is amended to read: If a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that the complainant provided written notice of the public records request to the agency's custodian of public records using the contact information provided by the agency at least three business days before filing the civil action and the court determines that such agency unlawfully refused to permit a public record to be inspected or copied, the court shall assess and award; against the agene responsible agency,—the reasonable costs of enforcement including reasonable attorneys' fees. The complainant need not provide written notice to the agency's custodian of public records if the agency does not post the contact information for its custodian of public records in any office, to which the public has access and in which public records are either routinely maintained or routinely requested, or both, and does not post the contact information for the custodian of public records on the agency's website if the agency has a website. The court may assess and award a reasonable attorney's fee against the complainant filing the civil action if the court determines it was filed in bad faith or was frivolous. [Summary: The proposed language is a measured response to statewide abuses of the public records laws. The language addresses schemes designed for the purpose of generating attorney's fees, at the expense of taxpayer dollars, and bad faith or frivolous claims. Specifically, to obtain an award of attorney's fees and costs for violation of the public records law, the agency (government entity) must be provided with written notice of the public records request three business days before a lawsuit is filed. (Thus follows CS/CS/SB 224, by Sen. Simpson, and CS/HB 163, by Rep. Beshears, in the context of contractors having public records.) If the contact information for the agency custodian is not provided, the written notice does not have to be given. Also, a court is authorized to award attorney's fees to the agency if a lawsuit is determined by the court to be frivolous or filed in bad faith. (This follows current open government meetings laws regarding frivolous or bad faith lawsuits.)] March 5, 2015 Public Records Amendment/Attomey Fees Section 119.12, Florida Statutes, is amended to read: If a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that the complainant provided written notice of the public records request to the agency's custodian of public records using the contact information provided by the agency at least three business days before filing the civil action and the court determines that such agency unlawfully refused to permit a public record to be inspected or copied, the court shall assess and award; against the agency responsible W&ncy—the reasonable costs of enforcement including reasonable attorneys' fees. The complainant need not provide written notice to the agency's custodian of public records if the agency does not post the contact information for its custodian of public records in any office, to which the public has access and in which public records are either routinely maintained or routinely requested, or both, and does not host the contact information for the custodian of public records on the agency's website if the agency has a website. The court may assess and award a reasonable attorney's fee against the complainant filing the civil action if the court determines it was filed in bad faith or was frivolous. [Summary: The proposed language is a measured response to statewide abuses of the public records laws. The language addresses schemes designed for the purpose of generating attorney's fees, at the expense of taxpayer dollars, and bad faith or frivolous claims. Specifically, to obtain an award of attorney's fees and costs for violation of the public records law, the agency (government entity) must be provided with written notice of the public records request three business days before a lawsuit is filed. (This follows CS/CS/SB 224, by Sen. Simpson, and CS/HB 163, by Rep. Beshears, in the context of contractors having public records.) If the contact information for the agency custodian is not provided, the written notice does not have to be given. Also, a court is authorized to award attorney's fees to the agency if a lawsuit is determined by the court to be frivolous or filed in bad faith. (This follows current open government meetings laws regarding frivolous or bad faith lawsuits.)] March 5, 2015 Public Records Amendment/Attomey Fees Section 119.12, Florida Statutes, is amended to read: If a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that the complainant provided written notice of the public records request to the asency's custodian of public records using the contact information provided by the agency at least three business days before filing the civil action and the court determines that such agency unlawfully refused to permit a public record to be inspected or copied, the court shall assess and award; against the ageaey responsible agency,—the reasonable costs of enforcement including reasonable attorneys' fees. The complainant need not provide written notice to the agency's custodian of public records if the agency does not post the contact information for its custodian of public records in any office, to which the public has access and in which public records are either routinely maintained or routinely requested or both and does not post the contact information for the custodian of public records on the agency's website if the agency has a website. The court may assess and award a reasonable attorney's fee against the complainant filing the civil action if the court determines it was filed in bad faith or was frivolous [Summary: The proposed language is a measured response to statewide abuses of the public records laws. The language addresses schemes designed for the purpose of generating attorney's fees, at the expense of taxpayer dollars, and bad faith or frivolous claims. Specifically, to obtain an award of attorney's fees and costs for violation of the public records law, the agency (government entity) must be provided with written notice of the public records request three business days before a lawsuit is filed. (This follows CS/CS/SB 224, by Sen. Simpson, and CS/HB 163, by Rep. Beshears, in the context of contractors having public records.) If the contact information for the agency custodian is not provided, the written notice does not have to be given. Also, a court is authorized to award attorney's fees to the agency if a lawsuit is determined by the court to be frivolous or filed in bad faith. (This follows current open government meetings laws regarding frivolous or bad faith lawsuits.)] March 5, 2015 Print Subject: From: To: Date: Re: Public Records Amendment/ Attorney Fees/ Summary rwganger (rwganger@bellsouth.net) KConn@flcities.com; Thursday, March 12, 2015 10:17 AM Page 1 of 1 K. Message received and will be acted upon. I have already reached out to Sachs and Clemmons. Have worked with both before on Sober Homes. Rep. Hager is a good friend. will call you as I get deeper into this matter. Again, thanks for your help. B. On Thursday, March 12, 2015 9:38 AM, Kraig Conn <KConn@flcities.com> wrote: Vice Mayor, I tried calling, will try again. The message at this point is very simple. Your city (and as many other cities as possible) needs to send the attached language to their House and Senate members and ask these folks to talk, one on one, with Sen. Simpson and Rep. Beshears, and ask them to agree to this amendment going onto their bills, SB 224 and HB 163 respectively. You saw what happened in Senate Judiciary Committee. Sen. Simpson agreed to offer the amendment and allow me to speak on it, but then he "withdrew" the amendment from consideration (it was NOT voted on and was NOT added to the bill). We are getting a lot of pushback from Simpson and Beshears NOT to amend their bills. The ONLY way around this "logjam" is for other House and Senate members to talk to Simpson and Beshears and ask them to allow the amendment to go on the bills. I'm not sure if coming to Tall next week will help, especially since you have other family matters to attend to, but it is IMPERATIVE that you contact Rep. Hagar, Sen. Sachs, etc today, this weekend, or Monday, tell them the situation and ask them to talk to Simpson and Beshears. PLEASE DO NOT FORWARD THIS EMAIL TO HAGAR, SACHS, ETC. Use this information in your talk with them, and DO FORWARD THE ATTACHMENT as it has the proposed amendment language and a summary. Call me if you have any questions, 800 342 8112 Thanks, Kraig https://us-mg205.mail.yahoo. com/neo/launch?.partner=sbc&.ran... 3/12/2015 The 2014 Florida Statutes Title XIX PUBLIC BUSINESS Chapter 286 PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS View Entire Chapter 286.011 Public meetings and records; public inspection; criminal and civil penalties.— (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of aboard or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or S. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the Individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. The 2014 Florida Statutes Title XIX PUBLIC BUSINESS Chapter 286 PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS View Entire Chapter 286.011 Public meetings and records; public inspection; criminal and civil penalties.— (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of aboard or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided ins. 775.082 ors. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. The 2014 Florida Statutes Title XIX PUBLIC BUSINESS Chapter 286 PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS View Entire Chapter 286.011 Public meetings and records; public inspection; criminal and civil penalties.— (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of aboard or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or S. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the Individual fling such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. The 2014 Florida Statutes Title XIX PUBLIC BUSINESS Chapter 286 PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS View Entire Chapter 286.011 Public meetings and records; public inspection; criminal and civil penalties.— (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of aboard or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided ins. 775.082 ors. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the Individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. The 2014 Florida Statutes Title XIX PUBLIC BUSINESS Chapter 286 PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS View Entire Chapter 286.011 Public meetings and records; public inspection; criminal and civil penalties.— (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of aboard or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the Individual filing such an action if the court finds It was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. The 2014 Florida Statutes Title XIX PUBLIC BUSINESS Chapter 286 PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS View Entire Chapter 286.011 Public meetings and records; public inspection; criminal and civil penalties.— (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of aboard or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided ins. 775.082 ors. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the Individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. Judges - 15thcircuit Page 1 of 2 Home Judges Magistrates S. Heanng OSlcers Coun Administration Programs I Everylhlrlgy OslefJudge The Judiciary Judges Senlor Judges no Fifteenth Judicial Circuit is comprised of five (5)OrcultCCurt Divisions and tvm(2) County Court Divisions. The Fifteenth Judicial Circuit is a general jurisdiction court with 35 dreult judges prnidirg. The county courts arc courts of limited Jurisdiction with 19 county judges presiding. The Florida Supreme Court and legisladve authodvtion certify the number of Omit Judges and County Court Judges according to filings. to Chief Judge Jeffrey Colbath Circuit Judges Circuit Judges handle all circuit court matters, Including felonies, civil suits exmeding $15,000, domestic reletions probate ant juvenile. Pksu Nple: •�Admin/WaliveJudge •'Admin/slraliveJudgeelSaMlile Fa<i6'fy J35me Phaae Humher LROLIN Artau, Edward (561)3556050 MF Civil. Main Judklal Complex Baker, Manes Jr •• (MI)3361728 JS -Juvenile South County Courthouse Barkdull. Thomas H 111 (561)355.1523 AB -CFA Meln Judldal Compkn Blan4 Peter D• (561)355.7816 AW-Foracktxrm Maln Judidsl Compiex Brunson, Catherine M (561)3562595 AD -CMI. Main Judicial Complex Burton,Charles E. (MI)3563730 5-OiMnel MalnJudklal Complex Caracuixo, Che (561)3557847 AN -OWI Mein Judidal Complee Cortes, HowardFJ-Family (561)6246670 U -probate North County Courthouse Colbath, Jeffrey (MI)355.7845 ChlefJudge Mein JudidalOsmplex Colin,Martin (561)3361750 llFX pfvth Femil South County Courthouse Cae,Jack S. (S61) 3553607 U -Criminal Main Judicial Complex Feuer, Samantha Schonberg (MI)3551610 y - Criminal Main Judicial Complex French, David E. (561)3361705 FY -Family IK -Probate South County Courthouse Gillen,Jeffrey (MI)355.6386 AE -CMI Meln Judidal Complex Goodman,Jaimie (MI)3551103 AFOviI M51n Judidal Complex Hafele. Donald (561)3556533 AG-GeR Main Judicial Complex Keever, Dina (561)3552956 V-Oimfnel Main Judidal Complex Kastrenakes, John S.• (561)3557876 TD - Criminal Main Judicial Complex Kelley, Glenn (561)3551980 W-Cominal Main Judicial Complex Keyser, Gregory (561)3561940 AO -Civ, Main Judicial Complex Keyser, Janis Bwstares (561)355-3097 IBAC-Probate Mein Judklal Complex Krog, Kathleen J.• (MI)355-4378 JL -Juvenile Maln Judklal Oxhplex Marty James (561)3551156 JO -Juvenile Main Judicial Complex Mary, Joseph (561)6581599 T71(K2-Criminal Cn'minalJustka [amplea Man, Krista^ (561)6244551 FI-FemSy II -Probate North County Courthouse Miller, Karen (561)35536@ R - Rlminal Man Judhdal Complex Oftedal, Richard L (561)3567848 AA -CMI. Main Judklal Complex Phillips, John L• (561)624.6593 FN- Family IH -probate North County Courthouse Smith.Amy (5fi1)3557889 FD -Family Main Judicial Complex Smalk Use S. (561)355-aa66 AH -Out Main Judicial Complex Sasser, Meenu (561)355 -ma AI - OWI Main Judicial Complex Scher, Rosemarie (MI)ms-11M JK -Juvenile Ma1n Judklal Complex Suskauer, Scott (561)3563029 FC -Family Main Judklal Complex Ticktin,Jessica (561)274.14M FZ-Family IZ-Pmhow SouNCounty Courthouse Volker, Kirk C. (561)3551410 JM -Juvenile JA -Juvenile Maln Judklal Complex County Court judges tuA CountyJudges handle sllC hty Court matters Included! arc Misdemeanors, Wl wits not exceeding 515,000, landlord Teant, Small Clalms& Traffic County JudgesamoRen assigned Wwork as Circuit Judges. Countyjudges serve slayear rums. tams JPhashe Nue, Qhdllm i Location Bonavita, August (%1)3557881 P -Criminal Main Judicial Complex Booms, Ted (%I) 355-79M Main Judkdel Cemplee http://15thcircuit.co.palm-beach.fl.us/web/guest/judges 10/8/2015 Judges-15thcircuit Page 2 of 2 Sign In Disclaimer Americans with Disabilities Act Fifteenth Judicial Urcuit 2019 http://l5thcircuit.co.palm-beach.fl.us/web/guest/judges 10/8/2015 RB VA-Ve lns Bosso-Pardo, Sandra (561)3511611 N -Owl Mein Judicial Complex Bryson, Mami (561)3557663 E -Criminal Main Judldal Camples Castor, Frank S.• (561)3551965 RF -CMI Main Judidal Cornples Cohen, BarryM MI) 355-3M 7D -Criminal Mein Judicial Complex Corlew, Reginald (561)2741025 RD -CM South County Courthouse Cunningham, Sheree (561)355.2330 C -Criminal Main Judicial Complex Damim, Paul (561)3556692 L -Criminal Mein Judicial Complex Eissey,Mark (561)8947725 0 -Criminal South CountyCeurthouse Evans, Peter M" (561) 996d841 BC M/V-Criminal M/RA-CW FW-FamRy West County Courthouse Garrison, Edward (561)330.1712 FA -Pana l RS -OWI RSScuth County Courthouse Hauser, Leonard- (561)3551500 B-Cominel Mein Judicial Complex Johnson, Laura (561)6246597 RH-CMI NC/H-Criminal NorthCounty Courthouse Parise, Robert (561)3552766 RL -Civil Main Judicial Comptes Perez, Nanq (361)355.7629 RE -CMI Mein Judicial Complex Shepherd, Caroline" (561)6B6,a6o0 MAMI-Criminal Criminal JusN¢Complex Stephens, Debra Moses (MI)35S190B OV/rD-Domestic Maleum, Wh Judidal Complex Weiss, Daliah (561)3551955 M -Criminal Maln3udldaioomplex Sign In Disclaimer Americans with Disabilities Act Fifteenth Judicial Urcuit 2019 http://l5thcircuit.co.palm-beach.fl.us/web/guest/judges 10/8/2015 - Volume 9: May 1, 2015 Page 11 of 12 ite in Messages but was never voted on by the full House. CS/SB 1520 died in 2. .N ADMINISTRATION (MAJOR BILLS THAT PASSED) .melessness 3 379 (Peters) and CS/CS/SB 1500 (Latvala) sought to create a dedicated funding source for homelessness issues in Florida. The bills would have dedicated 4 percent from the Local Government Housing Trust Fund to be used for homelessness issues. It is expected that there will be an allocation in this years budget for Challenge Grants to be used by local homelessness continuums of care for addressing homelessness in their communities. Both bills died in committee within their respective chambers. Backyard Gun Ranges CS/CS/HB 995 (Trumbull), a bill relating to the Department of Agriculture and Consumer Services, was amended with language allowing law enforcement officers to charge a person with a first degree misdemeanor if the person recreationally discharges a firearm outdoors in a residential neighborhood with a density of one or more dwelling units per acre. The bill gives police officers a tool in stopping Wyatt Earp-wannabes from shooting off rounds in subdivisions. CS/CS/HB 995 died in the Senate. Vacation Rentals HB 735. (Moraitis) and SB 1344 (Altman) would have provided local governments more flexibility in dealing with problematic vacation rentals. The bills would have allowed local governments to set minimum stay requirements for these properties of up to seven days. Additionally, the bills would have clarified that "grandfathered" local governments could amend their vacation rental ordinances without penalty. Neither bill was heard in committee. Public Records CS/CS/SB 224 (Simpson) and CS/CS/CS/HB 163 (Beshears) addressed public records laws relating to when private entities enter into contracts to provide services to public agencies, as well as when seeking public records from public agencies. The bills provided a process that would have been followed to award attorneys fees and costs to an individual claiming a violation of the public records laws. CS/CS/CS/HB 163 was amended in its final committee stop to require each agency head to designate a custodian of public records and the contact information for that custodian to be displayed on the agency's website, if the agency did in fact have a website. To be eligible to collect attorney fees under Section 119.12, Florida Statutes, the request to inspect or copy public records would have been made directly to the custodian of public records, a member of the agency's governing body or the head of the agency. CS/CS/SB 224 was amended on the House floor by Rep. Matt Gaetz. The amendment stripped language that was beneficial to public agencies when seeking attorney fees in conjunction with a public records request. The bill ultimately spoke only to requirements of contractors and their duties relating to public records. CS/CS/SB 224 died in messages. Low -THC Medical Marijuana The House had little interest in moving forward with medical marijuana legislation this year. On the Senate side, CS/CS/SB 7066 (Bradley and Senate Regulated Industries) died awaiting final action by the Senate and was never taken up by the House. The bill would have created a regulatory framework for medical marijuana in the state. In this proposal local governments would have been able to decide the number and location of dispensary facilities within their municipal boundaries. While medical marijuana bills have stalled in the Legislature, an administrative hearing to determine the validity of the rules developed by the Department of Health related to Charlottes Web continued in Tallahassee this week. Baywood Nurseries of Apopka is challenging the rules on the basis that they are unfair to smaller nurseries and prevent them from applying for one of the five licenses available to grow marijuana. If the judge rules with Baywood Nurseries, the rules would be invalidated. A ruling is expected in the next 30 days. Print Page 1 of 4 Subject: MILITARY RECORDS EXEMPTION REACHES SCOTT'S DESK From: The News Service of Florida (info2@newsserviceflorida.com) To: info2@newsserviceflorida.com; Date: Tuesday, May 19, 2015 4:34 PM NEWS SERVICE FLORIDA MILITARY RECORDS EXEMPTION REACHES SCOTT'S DESK By JIM TURNER THE NEWS SERVICE OF FLORIDA @2015 The News Service of Florida. All rights reserved. Posting or forwarding this material without permission is prohibited. You can view the Terms of Use on our website. THE CAPITAL, TALLAHASSEE, May 19,2015 .......... A proposal intended to make it tougher for evildoers to track the home addresses of military service members and military families has been sent to Gov. Rick Scott. However, the leader of an open -government group that has asked Scott to veto the measure (HB 185) argues it will simply create a hardship for county record -keepers and may do little to provide actual security. "This is huge in terms of redactions that are going to have to be made," said Barbara Petersen, president of the First Amendment Foundation. "I understood what they were trying to do. I just don't think they thought it through." https:Hus-mg5.mail.yahoo.com/neo/launch?.partner=sbc&retry_s... 5/19/2015 Print Page 2 of 4 The House sent 20 bills to Scott on Monday, including the proposal that would allow all current and past members of the U.S. armed forces, reserves or National Guard who have served since Sept. 11, 2001, along with their spouses and dependents, to request that home and personal information be exempt from state public records. Scott has until June 2 to sign, veto or let the bill become law. A spokeswoman for Scott said in an email Tuesday that he is reviewing the legislation. The measure sailed through the Legislature without opposition in the House or Senate. "Those who are protecting the First Amendment feel very good about this," Rep. Jimmie Smith, an Inverness Republican and veteran of Desert Storm, told House members during an April 16 floor debate on the bill. "As strongly as we feel about the public -records laws, we need to protect the people who are protecting us," agreed Rep. Joe Geller, D-Aventura. The military -exemption proposal was filed in January to provide coverage for special -forces members. The measure was expanded after the names, photos and personal information of 100 U.S. military personnel, including at least three in Florida, were identified in March by a group claiming allegiance to the Islamic State of Iraq and Syria, better known as ISIS. "There are a number of military spouses who work in the business I work in back in my district, and there is a high level of concern and a high level of knowledge regarding this potential threat," bill sponsor Rep. Matt Gaetz, R -Fort Walton Beach, told members of the House Local & Federal Affairs Committee last month. The group posting the threat claimed it had hacked several military servers and email. However, the information was more likely found https:Hus-mg5.mail.yahoo.com/neo/launch?.partner=sbc&retry_s... 5/19/2015 Print Page 3 of 4 by matching information posted on social media with military records that are available online, Petersen said. The Tallahassee -based First Amendment Foundation has asked Scott to veto the proposal, pointing to unnecessary burdens for clerks, property appraisers and others in areas such as Jacksonville, Tampa and Northwest Florida where there are large numbers of active and retired military personnel. Petersen said she didn't oppose the bill as initially filed, but now questions how much the proposal will actually protect people. "ISIS did not make a public records request," Petersen said. "But right after that list came out, the U.S. military said we put all that information up." Florida is home to more than 61,000 active -duty military personnel, 12,000 members of the Florida National Guard, and 1.5 million veterans, of whom more than 231,000 served in the Afghanistan and Iraq wars, according to state records. And as Florida actively pursues more veterans to relocate to the Sunshine State, Petersen said the measure is too broadly defined. "If you served after 9/11, regardless of what you did, you could have been a warrant officer in Kansas and retired to Florida and your home address is going to be exempt," Petersen said. Petersen said the bill also creates an additional public record, as government officials will have to make copies of any military identification used by people to prove they are active or former members of the military. "That now becomes public record subject to disclosure," Petersen said. "A tax collector can't just take it as verification and give it back. They have to make a record of it. Case law says even if they look at it, they have received it for the purpose of a public records law." https://us-mg5.mail.yahoo.com/neo/launch?.partner=sbc&retry_s... 5/19/2015 Print Page 4 of 4 The bill is the fourth of four public -records exemptions that the First Amendment Foundation has asked Scott to veto. (Disclosure: The News Service of Florida is a member of the foundation.) Scott has already signed two of the bills. One (SB 200) exempts taxpayers' email addresses obtained by tax collectors in the process of sending tax notices. The other bill (SB 7040) applies to email addresses that the Department of Highway Safety and Motor Vehicles collects related to driver's licenses and motor -vehicle records. Scott has until Friday to sign or veto another measure (SB 248) that would create a public -records exemption for certain videos made by police body cameras. The exemption would apply to videos made on private property without the approval of a property owner or individual. --END-- 5/19/2015 © 2015 The News Service of Florida. All rights reserved. Posting or forwarding this material without permission is prohibited. You can view the Terms of Use on our website. Independent and Indispensable http://www.newsserviceflorida.com This content is available at: http://www.newsserviceflorida.com/nsf/raw_asset.html? className=stories&itemName=story&selector=2015815 https:Hus-mg5.mail.yahoo. com/neo/launch?.partner=sbc&retry_s... 5/19/2015 Print Page 1 of 3 Subject: STATE CAPITAL BRIEFS (LUNCH EDITION): FRIDAY, MAY 1, 2015 From: The News Service of Florida (info2@newsserviceflorida.com) To: info2@newsserviceflorida.com; Date: Friday, May 1, 2015 12:32 PM NEWS SERVICE FLORIDA STATE CAPITAL BRIEFS (LUNCH EDITION): FRIDAY, MAY 1, 2015 THE NEWS SERVICE OF FLORIDA ©2015 The News Service of Florida. All rights reserved. Posting or forwarding this material without permission is prohibited. You can view the Terms of Use on our website. HOUSE URGES JUSTICES TO TOSS DEMOCRATS' CHALLENGE The House on Friday argued that the Florida Supreme Court should reject a lawsuit in which Senate Democrats challenged the House's decision to adjourn Tuesday, three days before the scheduled end of the regular legislative session. House attorneys argued in a response filed shortly before a 10 a.m. deadline Friday that the House did not violate the state Constitution and that the Supreme Court should not take up the matter because of separation of powers. "The Florida Constitution provides no textual mandate for judicial involvement or examination of the manner in which the House chose to exercise its legislative authority in this case," the House response said. "The (Senate Democrats') petition should be denied based on separation of powers concerns and on this court's respect for the House of Representatives as part of a coordinate branch of state government." The Democrats filed the challenge Thursday. The News Service will have a full story later Friday. https://us-mg205.mail.yahoo.com/neo/launch?.partner—sbc&retry_... 5/1/2015 Print Page 2 of 3 GAETZ APOLOGIZES FOR CONTROVERSIAL TWEET State Rep. Matt Gaetz, R -Fort Walton Beach, apologized Friday for a Twitter post that drew criticism about possible racial overtones. The controversy started Thursday when Gaetz tweeted about a lawsuit filed by Senate Democrats challenging a House decision to adjourn the regular legislative session early. "This lawsuit reads like it was researched and drafted by Sen Joyner ... and spell checked by Sen Bullard," Gaetz wrote, referring to Senate Minority Leader Arthenia Joyner, D -Tampa, and Sen. Dwight Bullard, D -Miami. Joyner and Bullard are African-Americans, and the tweet caused an uproar that even led House Speaker Steve Crisafulli, R -Merritt Island, to say he didn't condone Gaetz's post. "He is an agitator, yes, but not a racist," Crisafulli tweeted. "Please accept my apology to those offended." But Joyner issued a lengthy statement Friday morning that described Gaetz's tweet as racist. "And so while the speaker may try his best to walk back the motive of his member, he cannot walk back the 140 characters of Rep. Gaetz's racist barb," Joyner said in the statement. "His words are the kind I have fought against my entire life, the relic of days through which I lived and hope never to live through again." In the apology Friday, Gaetz indicated his tweet was related to opposition to a health -coverage expansion under the Affordable Care Act, better known as Obamacare. The state House and Senate are locked in a budget battle stemming, at least in part, from a Senate proposal to use federal Medicaid money to expand coverage. "My criticisms of ObamaCare Expansion and it's supporters are based solely on the facts," Gaetz tweeted Friday. "Deeply sorry if anyone read more into it than that." LAWMAKERS PASS 232 BILLS DURING REGULAR SESSION The Florida House and Senate combined to pass 232 bills during the shortened regular legislative session, according to statistics released Friday by the House. In all, 155 House bills and 77 Senate bills passed both chambers. Most bills await action by Gov. Rick Scott. The House adjourned Tuesday, three days before the scheduled end of the legislative session, amid a standoff with the Senate about budget and health-care issues. The Senate finished taking up bills https:Hus-mg205.mail.yahoo. com/neo/launch?.partner=sbc&retry_... 5/1/2015 Print Page 1 of 3 Subject: SUPREME COURT SHIELDS CITIZENS FROM 'BAD FAITH' LAWSUIT From: The News Service of Florida (info2@newsserviceflorida.com) To: info2@newsserviceflorida.com; Date: Thursday, May 14, 2015 4:11 PM NEWS SERVICE FLORIDA SUPREME COURT SHIELDS CITIZENS FROM 'BAD FAITH' LAWSUIT By JIM SAUNDERS THE NEWS SERVICE OF FLORIDA ©2015 The News Service of Florida. All rights reserved. Posting or forwarding this material without permission is prohibited. You can view the Terms of Use on our website. THE CAPITAL, TALLAHASSEE, May 14, 2015.......... Nearly 11 years after Hurricane Ivan slammed into the Panhandle, the Florida Supreme Court on Thursday ruled that Citizens Property Insurance Corp. cannot be sued for "bad faith" in the way it handled a claim. Justices found that the state -created insurer has immunity from "bad faith" lawsuits, which can be expensive and deal with allegations that insurers failed to settle claims properly. The ruling, which overturned a decision by the 1 st District Court of Appeal, stemmed from Ivan - related damages sustained by the Perdido Sun Condominium Association in Escambia County. In an 11 -page opinion, Justice Barbara Pariente pointed to a state law that shields Citizens from liability in many types of lawsuits and https://us-mg5.mail.yahoo. com/neo/launch?.partner=sbc&.rand=... 5/15/2015 Print Page 2 of 3 discussions were a way for Scott to work around the state's open -meetings laws, the suit contends. "The governor violated the Sunshine Law by using conduits to engage in polling, discussions, communications and other exchanges with other members of the Cabinet regarding his unilateral decision to force the resignation of the FDLE commissioner and appoint a replacement without any notice to the public, without any opportunity for the public to attend, and without any minutes being taken," says the lawsuit, filed late Tuesday. In a "frequently asked questions" document sent to the news media and a series of follow-ups, the Scott administration has outlined some of the discussions between the governor's staff and the offices of the other Cabinet members. Scott's office has denied that the discussions about Bailey violated state law. "It has been a longstanding convention for governor's staff to provide information to Cabinet staff," said one answer. "This was the same process the Cabinet staff followed in respect to Gerald Bailey." The groups suing Scott and the Cabinet say those kinds of statements show the need for the courts to also issue an injunction barring similar conversations in the future. "Plaintiffs would suffer irreparable injury if defendants continue the longstanding practice of violating the Sunshine Law by allowing Cabinet aides to engage in polling, discussions and communications about appointments required to be made by the Cabinet and relaying the results of those exchanges back to Cabinet members prior to a Cabinet meeting," the lawsuit says. Meanwhile, the Tallahassee -based First Amendment Foundation wrote a letter to Bondi asking for a special prosecutor to look into whether the Sunshine Law was violated. (The News Service of Florida is a member of the foundation.) "Only a prosecutor with the authority to subpoena witnesses and documents can adequately investigate this matter," wrote Barbara Petersen, the foundation's president, in a letter dated Wednesday. "However, that prosecutor must be perceived as entirely objective. A prosecutor outside of Leon County --- one who does not reside and work in the same town as those under investigation --- should be appointed. Otherwise, public confidence in the investigation itself will be compromised." https://us-mg205.mai l.yahoo. com/neo/launch?.partner=sbc&.rand... 2/5/2015 Print Page 3 of 3 The decision to push out Bailey has sparked perhaps the most serious crisis Scott has faced in his four years as governor. He and the Republican Cabinet members have clashed about what the Cabinet members were led to believe about Bailey's departure. Scott initially said the commissioner resigned from the post. But Bailey, who has only publicly commented to the Miami Herald/Tampa Bay Times Tallahassee bureau, has said, "I did not voluntarily do anything." The governor has signaled that he would like to make other changes at agencies under Cabinet control, perhaps starting as soon as Thursday. Scott is calling for the Cabinet to begin the process of possibly removing at least three agency heads: Insurance Commissioner Kevin McCarty, Office of Financial Regulation Commissioner Drew Breakspear and Department of Revenue executive director Marshall Stranburg. Putnam and Atwater have said that they will not discuss additional leadership changes until the hiring process is revamped. -END- 2/4/15 ©2014 The News Service of Florida. All rights reserved. Posting or forwarding this material without permission is prohibited. You can view the Terms of Use on our website. Independent and Indispensable http://www.newsserviceflorida.com https://us-mg205.mail.yahoo.com/neo/launch?.partner=sbc&.rand... 2/5/2015 O'Boyle also objected to Chandler's assertion that the Citizens Awareness Foundation had to meet a specific lawsuit quota for the O'Boyle Law Firm. Foundation board member Denise DeMartini sent Chandler an email in April 2014 that read: "I am in the law meeting now and have been told that you have only provided eight new cases for this week. We were expecting a minimum of 25 a week." DeMartini told FCIR that she was simply responding to numbers Chandler had promised he would provide, but that there was no quota. Chandler disputed this. "The intent of the email is clear on its face," he said. "There was the expectation that I produce 100 lawsuits a month exclusively for the O'Boyle Law Firm." It was one of the main reasons he quit, he said. Following FCIR's story, Citizens Awareness Foundation has stopped filing new lawsuits and funding has been suspended, according to Martin O'Boyle and DeMartini. "With everything that's going on, things have slowed down quite a bit," DeMartini said. "We are re-evaluating what our future is going to be." [ The Florida Center for Investigative Reporting is a nonprofit news organization supported by foundations and individual contributions. For more information, visit fcir.org. ] d m a w R• < -4 m non w o 5 5- � w w w p-C.o y C� 7 "0 .wG' -. on E Q90 5 W= a Am :3 El G 5 T a ll y .y' . h O C .y W O �-• . % ry b T .O. '-" C. m ti '•f S00 y Eo i Ow.c ° n C 5 'O c c 5 y n 9y w aw w y� o n w M . y� y a 9 oig0° m o°5�en0w° n ;oyon 3 " o ^ G. n ao S 0 to ' tr• , F. O•' n ao c ~c CL LrT n `G ❑ " w C. � w a C. .�'.. F d w w C. O n 4 N"' C. 'C w n 'a O m rS�T C N O " C. y w w 5 a. n�., o o w �. ,o,�on w❑ A °� O C C, Oa °7 p m 'n asw m a. P3. O Fw tz n m ^yA CL 'MOdG p yG yRr O m OpG o< .'°J. '� �p C. ' y 7•' Q'rS, n w, . w n m c am o m` C1. w O Oo".m7'w `on o•5"Qft G'A �-r' p ,7C w O .C+ ° ?,' a' C 5 CCL ° a ry r. y n Q N H O +ri a0 A M n 0 P- N N w :a- &s�QC7y,tee '—^ lT O ^ G Cn ao'OA^G'O Pq,QHS'p7n0ym Owp n .^ 10 EL y w o H A thy m m .°. i" (n"av c w A� oo a H n o G 0Erao CL EI NH �Oo�T nc° w 0r M. 000 'o ..`a°T O O Cj —9, cm as O C OG K° " S °w, nmC o g. room 5 Y E=� °"'.. `o'c R. n n c w o ry EL o aa93.cyaen5.aH ;w�By� .w w o ° o w m^ m vo p .< w n m °' o C. n a°O � M0ti y0° n O= tl gw X y pw�C M W fn 'S m '�' e+ K W A W Q•• ° C C. w n< C o ° tl�00 C n O .C. m ar 5 .°C to - Er^ mn ona :�O»0 Bao y o, 0 C. •� sr•' •� n pr C yOQ p we a0 w tltl c 0"v0 nC 0 ' w� w N O 5 C y ti n o u, •, ao m o o _0 ❑ wC O on O r°. ° f�D `'�i' ° N v`. 7 6• p rwn `G 7 Cl ,.w� Or 5 .7`' C 0 O A w '-' O" A rt rt w rt C�^ .A .Ti G. ° s C. "' G. � na o ° w H 0- �. n w art, C ii N n CY C H 00 M .�. y ti a0 w m S w H S ° $ o A . a, 0 n Zr' w n. n °'_. w a. f9 RP n uw, o y o y m E1 Q .. w rt ti w o .ni C O '.� ��...77 O^ ° .Oi G. 0 C N n C. A. p '.7•� C 5 P. ? w n A X O y. H G'a E' m �. ��'• O. • X IRI 4111i" Fl.ot�ln:t LIeAGu>C OF CrriLs, INC. /i Ken Small Department of Financial Services (! S1 k P.O.Box 1757, Tallahassee, Fl. 39302-1757 t ; ` 850.222.9684 a KSmali0Heitles.com 6 www.ficities.com Ken's C -M's are brought to you by the "Florida League of Cities" Visit our website: http://www.floridaleagueofcities.com October 6, 2014 Ethics Commission considers adding fines for frivolous complaints By Andy Reid, Sun Sentinel, 10/3 Imposing penalties for filing frivolous ethics complaints could be one of the enforcement changes considered by Palm Beach County's Ethics Commission. The Palm Beach County League of Cities on Thursday called for the watchdog board to add a fine or some other cost for people who file ethics complaints against local officials that turn out to be unfounded. "People can't use this for political purposes," Richard Radcliffe, executive director of the League of Cities, said about frivolous ethics complaints. "We have to come up with some way." The Ethics Commission has the ability to require the payment of legal fees and other costs associated with a case if it finds an ethics complaint "frivolous," but hasn't done it before, according to according to Ethics Commission Executive Director Steve Cullen. Some Ethics Commission backers have warned that adding the risk of costs could end up discouraging people from trying to expose wrongdoing. The Ethics Commission meets Oct. 24 to consider potential changes to its rules and procedures. The League of Cities' proposal could be one of the issues that the commission considers, Cullen said. A proposed state law this year suggested leveling fines up to $5,000 for local ethics complaints that turned out to be frivolous, but that legislation failed to pass. Former Ethics Commission chairman Manuel Farach said that imposing some sort of cost for fabricated or unfounded ethics complaints may be worth considering, but that the Ethics Commission shouldn't require fines for every complaint that falls short of exposing a violation. "You don't want to chill the ability of the public to hold public officials' feet to the fire," Farach said. Creation of the five -member, appointed ethics commission in 2009 was one of the measures enacted after a string of local government corruption scandals. In 2010, local voters expanded the Ethics Commission's jurisdiction to include all 38 local cities, towns and villages along with county government. The volunteer board rules on suspected conflicts of interest and other potential violations of the county ethics rules. The Ethics Commission also offers advisory opinions aimed at helping elected officials, government employees and others avoid ethics violations. Punishments for violating the county's ethics code can range from reprimands to prosecution by the State Attorney's Office as a first-degree misdemeanor, with maximum penalties of one year in jail and a $1,000 fine. The Ethics Commission rarely issues punishments, most often dismissing or settling ethics complaints. But just being named in a complaint filed with the Ethics Commission raises the risk of embarrassment for public officials that can have consequences come election time. To try to avoid that, the Ethics Commission keeps complaints confidential until determining whether there is probable cause to launch a full investigation. That's not good enough, according to the League of Cities, which maintains that the Ethics Commission should do more to discourage frivolous ethics complaint filings. That could include levying a fine or requiring someone who files an ethics complaint to pay the legal fees of the person they accuse if no wrongdoing is found, Radcliffe said. One change Farach advocates is for the Ethics Commission to hold its probable cause determination meetings in public, instead of meeting behind closed doors to determine if an investigation should go forward. State law allows the commission to hold probable cause hearings outside of public meetings. Recordings of the sessions and the names of the person that is the subject of an ethics complaint are released to the public after the commission decides whether the compliant warrants an enforcement hearing. Farach said he was always "uncomfortable" with the secrecy and the perception that creates for the public. "I think it sends the wrong message," Farach said. The public should be able to see the evidence as it is presented to the commission and "make up their own minds," he said. (1 believe I know a manager or two who could support this ideall -ken) City Administrator City of Lake Helen (Pop: 2,675) $65,000 - $85,000. Bachelor's Degree in Public Administration, Urban & Regional Planning or related field w/ seven (7) years progressively responsible governmental administrative work at the manager or department head level, or MPA or related degree w/ 5 years experience. A minimum of three (3) years urban planning experience preferred. Submit resume to City of Lake Helen, City Clerk Becky Witte at bwitte@lakehelen.com with copy to rmkelton(a)earthlink.net. See City website at http://Iakehelen.com for additional information. Application deadline is 4:00pm October 31, 2014. Our Opinion: Ethics Tallahassee Democrat, 10/5 The city of Tallahassee has a new ethics officer. But it still has a problem. Julie Meadows -Keefe was already on the job Wednesday, the same day she was named to the staff - level position. An attorney who earned her law degree from the Florida State University College of Law, Ms. Meadows -Keefe will be the point person on ethical matters involving elected city officials, staff and even vendors. She also will have the responsibility of seeing that a long list of steps the city has taken toward ethics reform are implemented. Ms. Meadows -Keefe will earn $83,000 a year and will report to City Attorney Lew Shelley and City Auditor Bert Fletcher. There lies the problem. In 2012, in the wake of ethical complaints raised against members of the City Commission, commissioners created a citizens' Ethics Advisory Panel. The panel included many notable members of the community, including Martha Barnett, who had been president of the American Bar Association and chair of the Florida Commission on Ethics, and Harry Lee Anstead, a former chief justice of the Florida Supreme Court. After 18 meetings covering eight months, the panel submitted a powerful report with a long list of recommendations. To its credit, prompted by the report, the city has taken steps toward: • Creating a code of ethics. • Adopting a preamble for the code of ethics and a loyalty oath, which includes "a commitment to the public trust, the highest standards of professionalism and ethics including a commitment to the constant appearance of propriety, always putting public trust first ..." • Expanding the fraud hot line. • Expanding what business relationships and memberships officials must report. • Clarifying when elected officials must abstain from voting. • Requiring ethics training for elected officials. • Closer monitoring of firms that lobby city government. Sadly, the one step the City Commission — based on staff recommendations — chose not to make was the one that the citizens panel considered a linchpin of the entire proposal: creation of an "independent" ethics officer. As the City Commission was debating the issues, Ms. Barnett told commissioners: "if you don't (create a stand-alone ethics officer), you will take away the heart of this proposal." But they did just that. As a result, in June another citizens group — Citizens for Ethics Reform, definitely not appointed by the City Commission — started a push to have a four -point proposal on the November ballot. The ballot measure would change the city's charter to create an independent ethics board, create the position of ethics officer (to be appointed by the board), limit campaign contributions to $250 and establish a program to refund personal campaign donations, capped at $25. Though the petition was signed by more than 20,000 citizens — double the number required — the city went to court to block the measure, saying it was "unclear and ambiguous." The city lost. So, what now? The city could be forced to do what it should have done in the first place, which is to create an independent position for ethics officer. The charter change also would give the ethics board the authority to investigate ethics complaints. Ms. Meadows -Keefe could, after only a few months on the job, be rendered superfluous, because the independent board would be under no obligation to choose her. And, finally, the city could face a budget -straining refund program on campaign donations — a program not in existence in any other city. If every person who signed the petition applied for a refund, the city would be out a half -million dollars PODbanding together to complain about county government's stance on community redevelop 'lent areas, gas taxes and other matters. Local cities, along with the Volusia School Board, should rush to take the county up on this�offer. And the first order of business for the new organization should be to table the bickering and resolve to work together on common problems. Recent events should provide inspiration. Flooding across Volusia County hasn't r/ement ed city boundaries, pointing to the continuing need to work together on stormwater mana plans. Further consolidation of public -safety services such as policing, emergency medical se ces and firefighting might save cities money, savings which can be passed on to local taxpayers. A recent report on homelessness found that the number of area homeless eople was almost evenly split between east and west sides of the county, stressing the need fora intergovernmental solution. Furthermore, the organization should invite participation from Volusia �County's legislative delegation. Lawmakers can be crucial players in securing state funding to addrr s Volusia's needs, and it makes sense to have them in on discussions of regional import from the art. The demise of VCOG shouldn't mean the end of countywide co peration, but a new beginning, with a leaner structure focused solidly on finding solutions. Disgruntled employees' claims cost town millions By Michele Dargan, Daily News, 10/5 Legal settlements and fees related to disgruntled public -safety employees have cost the town — and its insurance carrier— more than $2 million since 2011, town records show. The town's insurance carrier reimbursed the town $1 million of the nearly $2.3 million total and refused to renew the town's coverage in 2013. The total amount surprised Councilman Bill Diamond, who had never heard the full financial impact the legal claims had on the town. The town closed the door on nine employee legal complaints last month, when it agreed to pay $300,000 to fired firefighter Jason Weeks. It was the largest single payout in recent history. All of those lawsuits stem from the dissatisfaction and upheaval generated from the hotly debated cuts to employee pensions that took effect May 1, 2012. In legal costs relating to Weeks alone, the town has been billed $742,276 to date, according to data provided by the town. Insurance reimbursed the town $344,882, which includes the $300,000 settlement. The town paid the remaining $397,394. In addition, through a legal ruling before trial, the town won lawsuits filed by fired Fire Chief Bill Amador and fired firefighter Dale Corbin. Amador and Corbin did not receive settlements, but there were legal bills associated with fighting those lawsuits. Six police officers sued the town alleging harassment and discrimination. All received settlements in those cases. "I think the town did the best job it could under the circumstances," Diamond said. "The town was in a very difficult situation. The pension problem led to this, but we had to settle the cases to save the town financially. "Preferred Governmental Insurance Trust advised the town on whether it should settle and what would be a fair amount, Diamond said. Even though the town felt it had a good case in the Weeks matter, there's always risk of losing a jury trial and paying substantially more, he said. "The town has to defend itself against exorbitant claims, and we got away pretty cheaply here," Diamond said. "As far as I recollect, from each one of these cases, the demands for money was much higher than was settled in total. "Town Manager Peter Elwell described morale — especially among public safety employees — as "tumultuous" from 2010 to 2013, when the town was forced to cut benefits for its long-term financial health. "We had individuals who behaved badly, so the disciplinary actions that occurred during that time were much greater," Elwell said. "Every time we observed unacceptable conduct, we took proper disciplinary action. It's very rare that employees sue the town, but it happened in the midst of all this.... It's unfortunate that it came at a big expense to the town and its insurance carrier. It's more unfortunate the conflict evolved into the lawsuits. It's over. It was one outcome of a very unusual period of time in the town's history." Insurance company refused to renew The bulk of the insurance reimbursements came in 2011, when the carrier paid $655,000 in claims to five of six police officers who alleged discrimination and harassment in their lawsuits. Risk Manager Karen Temme said it's the highest amount of employee -related claims paid in her 16 years with the town. Because of those payouts, the town's insurance carrier refused to renew coverage, Temme said. "We were in a tough position because of those claims," Temme said. "If the carrier were willing to renew us, which they weren't, it would have been a huge increase. Because we changed carriers, negotiated the coverage and bundled things together, we were able to keep the cost consistent. "Forced to find a new carrier, the town switched from Preferred Governmental Insurance Trust to Brit Insurance Services USA in 2013, Temme said. In order to keep premiums affordable, the new carrier packaged employment practices — which previously had its own line item — together with five other coverage types. Under the previous carrier, the town paid $211,578 for those six line items. In 2013, with the new carrier, the town paid $239,068 annually — an increase of $27,490. The deductible for employee claims was $100,000 with both carriers. But for 2015, the deductible will increase to $200,000 in order to keep costs down, Temme said. 10 Elwell said it's not unusual for insurance premiums to increase or for a company to drop coverage after paying out large claims. The important thing was the town has the same coverage without a significant cost increase, he said. Other legal billsThe employee claims are separate from other legal services paid each year by the town. The totals for general legal services usually reach into six or seven figures, according to data provided by Finance Director Jane Struder. As of Sept. 30, the town had been billed $880,577 in budget year 2014 for a variety of legal services, plus an additional $12,224 in general liability insurance claims, according to data provided by Struder and Temme. The legal fees relate to lawyers involved in union negotiations, town meetings, the retirement board and general legal issues. It also includes lobbyists for the state and federal government, predominantly involved with coastal protection, Struder said. Elwell points out that in 2008 and 2009, the town paid $1.9 and $1.2 million, respectively, in legal fees, mostly related to coastal issues involving Reach 8 and the Lake Worth Inlet. Council President Robert Wildrick described today's environment as litigious. Businesses and governments are frequently sued for a variety of reasons, he said. "Though you prefer not to be sued and pay legal fees, it's a reality of today's world," Wildrick said. "At some point, in every lawsuit that I've been aware of, both sides decide it's better to compromise and go forward. Would I like it to be less in terms of expense? Absolutely. But I'm a realist. The society in which we live, plaintiffs' attorneys make a lot of money by filing lawsuits." Alan Thelen Alan Thelen, 80, of Lakewood, Colorado, and formerly of Faulkton, South Dakota, passed away Wednesday, Oct. 1, 2014, at St. Anthony Hospital in Lakewood. Mass of Christian burial will be held at 10 a.m today, Monday, Oqt, at St. Thomas Catholic Church, Faulkton, with Father John Helmueller officiating. Burial will folld�v((in St. Boniface Catholic Cemetery in Seneca, South Dakota. Visitation will be one hour prior to the service at the church. AI Thelen was born in Seneca on Dec. 15, 1933. Early ina childhood he moved to the birth place of his father, a farm in Faulkton, where he spent the remainder, of his youth. During his high school years AI was active in football, basketball and his favorite sport, baseball, where he won a state championship. Upon graduation from high school, AI joined the US Marine Corps and was stationed at Camp Pendleton in California. There he played for the Camp Pendleton baseball team. While there he enjoyed visiting various aunts and uncles, most particularly Madelyn and Mac. Upon discharge from the service, AI enrolled at the University of South Dakota where he graduated in two and a half years and played for the Coyote baseball team. j NO ONE KNEW In total, 160 structures in Volusia and Flagler counties were inundated by floodwaters during the 4 -day deluge between Sept. 23 and Sept. 27. Total damage in the two counties was estimated at $4.2 million, including $2.4 million in Port Orange. In Harden's view, his most important conclusion was that none of the officials in flood -prone Port Orange were monitoring National Weather Service advisories or given responsibility for warning other officials of potential flood conditions. When an approaching front stalled on Sept. 23 and began producing heavy rain, it took many by surprise at first, including forecasters. But a series of Weather Service bulletins warning of heavy rain started shortly after 4 p.m. on Sept. 23 and continued regularly through the next morning, even specifically mentioning Port Orange. Television forecasters also were broadcasting and placing flood warnings on social media. At 7:58 p.m. — during a City Council meeting — the Weather Service warned up to four inches of rain was possible in Port Orange before 10 p.m. City staff needs to be aware of developing weather conditions and be prepared to take "immediate action" to minimize potential flooding, Harden said. The first call to public works came from a city resident concerned about heavy rain around 7 p.m. on the 23rd, Harden wrote. City staff pumped down the Cambridge Pond and set up for pumping in Sweetwater Hills and Central Park, but not at the Dunlawton Pond, and went home. After receiving emergency calls about flooding, Volusia County dispatch called the city's public works contact around 3:30 a.m. Harden reported that's when city crews began working at multiple locations, closing roads and running pumps. But none of the responding crews had alerted the public works director, the acting utilities director or the city's emergency manager. Another complication at the Dunlawton Pond will be more difficult to correct, Harden wrote. Part of the storm water was entering the city's wastewater flow, a common occurrence with utilities. The flow had more than doubled by 4 a.m. on the 24th. At 7:45 a.m., the city's reclaimed water plant was forced to begin pumping storm water to the Halifax River to prevent an overflow at the plant, Harden wrote. That water was pumped into the same 36 -inch pipe being used to relieve flooding in the Dunlawton Pond, severely limiting the pumping from Dunlawton for several hours. Building a separate outfall for the wastewater plant is unfeasible because of environmental and cost constraints, he said. But, he recommended the City Council authorize a study of the city's sewage collection system to look at how the extra storm water and ground water get into the system and how that could be minimized. Councilman Dennis Kennedy said the report answered a lot of his questions. "Apparently a large part of the issue was human error and some communications issues," Kennedy said Saturday. The communications issues were "a little distressing," he said, because the city has tried to work on its lack of internal controls over the last year or so. "We didn't have the right people making the calls." OUR VIEW A better path to government cooperation Daytona Beach News -Journal, 10/4 There's no doubt that Volusia's patchwork of 16 municipalities, split by a narrowing "palmetto curtain" of unincorporated county, work best when they work together. But for years, local governments have supported dual, nearly identical organizations promoting intergovernmental harmony. At times, both the Volusia Council of Governments and the League of Cities have provided venues for developing cooperative responses to shared problems. Plans to collapse the two organizations into a new group — re -invigorating the quest for shared solutions while saving $200,000 in annual operating costs — make sense. The move will essentially dissolve the Volusia Council of Governments. It's fitting to acknowledge the important role VCOG has played in crafting solutions to some of Volusia County's most pressing problems: It fostered regional consolidation of emergency services such as dispatch. It provided the jumping-off point for countywide water -use discussions. And several times, it helped Volusia cities speak with one voice on crucial issues such as school funding. Lately, the organization has kept a much lower profile. Members were routinely briefed on matters of countywide importance, such as the push to draft a regional response to the problems of homelessness, substance abuse and mental health. But over the past few years, VCOG has rarely played a role in building solutions to those problems. It speaks volumes that Deltona — which benefited greatly from VCOG's efforts when it incorporated in 1995 — chose in 2012 to pull out. Deltona Mayor John Masiarczyk said then that the city wasn't getting "enough bang" for its $30,000 in annual dues. Deltona leaders, who frequently complain that their city (the most populous in Volusia County) receives short shrift when regional resources are allocated, should seize the opportunity to rejoin the new organization and make sure the city's concerns are heard. The price tag of that participation can't be beat: Volusia County officials have offered to provide staff and meeting space at the Daytona Beach International Airport along with space for the League of Cities, cutting that $200,000 budget to zero. It's a generous proposal, given that Volusia County officials —who also voted recently to pull out of VCOG — say they often felt like the odd man out at the previous organization's meetings, with cities Print Subject: RSVP: 2014-2015 FLC Legislative Policy Committee Update From: Holly McPhail (HMcPhail@flcities.com) To: HMcPhail@flcities.com; Date: Tuesday, August 19, 2014 4:55 PM Dear Policy Committee Members: Page I of 2 You have been selected to serve on an FLC Legislative Policy Committee for 2014-2015. Official appointment letters will be distributed from FLC President Lori Moseley, Mayor, City of Miramar, later this week. If you are planning to attend the September 12a' meeting in Orlando, then please note the cut-off date for securing sleeping rooms is this Friday. August 22"d. Please be sure to confirm your attendance by clicking here: lith :Hevents.constantcontact.com/register/event? Ili=hetoN tech&,-oeid1:=a07c9pchaa8cc636519 I have provided the following information regarding future policy committee meeting dates and location, including hotel rates. September Meeting: RSVP NOW (click here) Date: September 12, 2014 (10 am — 3 pm) Location: Hyatt Regency Orlando (Formerly the Peabody) Address: 9801 International Dr., Orlando Room rate: $179 (Sept 1 I only) plus $5 reduced resort fee Parking: $10 reduced self -parking fee Reservations: 1-888-421-1442 (FLC Policy Committee) Cut-off Date: August 22 October Meeting Date: October 10, 2014 (10 am — 3 pm) Location: Hilton Orlando Lo c , 4C� G i `�tic� 01 Cod ,dol ,3 60 bi (133 unread) - rwganger(a),bellsouth.net - att.net Mail * AT&T � Mail News Sports Finance Weather Entertainment AT&T Features Mobile U -versa aftmm More la a 17 E ® N L Compose Inbox(133) Drafts(107) Sent Spm (9) Tmsh (42) Smart Views Unread Seemed People Social Travel Shopping France Faders Recent Search Search Mail F :H -1, 12 Delete b Mare. 0 Spam+ — More. FLORIDA BAR FACES CONTROVERSY OVER OUT-OF-STATE LAWYERS The NwsService of Florid, To Info2@newsservimWdaosm NEWS SERVICE FLORIDA & FLORIDA BAR FACES CONTROVERSY OVER OUT-OF-STATE LAWYERS BY DARA NAM THE NEWS SERVICE OF FLORIDA Page 1 of 1 Search Web * Nom, *a X at 540 PM OUT� s �7L� 02015 The News Service of Florida. All rights reserved. Posting or forwarding this melw al without permission Is pro oiled. You ran view Ms Terms a Use on ourwebsite. THE CAPITAL, TALLAHASSEE, August 4, 2015...... In his first speech as prescient of The Florida Bat a lihle more than a month ego, Raman Abadin urged his colleagues to'go far and do dg things' Six weeks later, Abadin is at the renter of a controversy over a prepoml Mal would allow cd-cf-state lawyers to precise in Florida without laking the state's Bar exam, =sidered to be one of the nation's most hgonus. Opponents a the plan have accused Abadin m pushing the idea, Ore result a a two-year study that is Part a the vision 2019' agenda launched in 2013 by t hen,Florida Bar President Eugene Pettis. The ofmale — lopdded, thus fat— owns wxmw a peanutsremmmeMatiens Fixed at a Bar meeting last month that would allow "admission by motion- Into the Bar for outof-slate lawyers who meet camen crane and wino are licensed in slates that allow "reapmcy' About 40 atrer states already allow some sort of entrAOa without taking an exam, but sane Florida lawyers are bristling at the much The campaign against Me proposal, led by Palm Beech Games lawyer Uoyd Schond, and ensuing mewls attention grew so laud Met last week Abadin sent a statement about the Issue to all of the Bars 100,000 members. Abadin asked them to submit comments to a special small address created speofimlly to log input on the topic. Under the clleria suggested by the Bars Multi-junodicioml Pmold -Stela Focus Committee, outcf-state lawyer who have been pracicng for at leas five of the paw seven years before they apply would be eligible. Alm, "admission by moliorl' would only be available to lawyers who are from stales Mm allow Florida Bar members 0 practice wlthoul a "Iti n or oral exam. In addition, admission by motion would only be available to lawyers who haven't failed the Florida Bar exam wimin five year of applying. Applicants would aim have to have a law degree nom law schools approved by sire American Bar Association In me time they graduated. Applicants also would have to ole In goad standing in all jurisdictions whom they hold Iloenses and couldn't be subject to dlsaph rie anywhere else when they apply. They would be subject to a "charecer and fitness" noyaw, which includes'satlsfacary evidence of good moral character,- knowledge of the "standards and Ideals' of the profession, and pool mal they are fit to be a lawyer, something also rqulred of all Fiends Bar applicants. Flenda law already allows outs -state lawyers to represent orients on a -pro hoc vice" bass, but only in spec cases if a judge porous It. In its 45-Iage preliminary report, the Bar committee noted Ghat the need for mullijunsdicdonal practice has become the morm rather then the extension" and Mat clients expect it. The review snowed Taw Florida lawyers' need to freely engage in cross-borch r practice sues rot only resMc1 g elan freedom a apace, but also placing Florida lawyers at a competitive disadvantage In the marketplace,' Me conunibee wrote. "In continuing to maintain banner to aoss-0arder practice under the existing rules, Me Committee analyzed whether Florida was making a principled decision based on sound pnnaples and determined it was not; the report made. The proposal Is will In the easy stages, Abadin said, and could change significantly before —and If — the Bars Board of Governors decides to ac an It. But "slow the outcome, Abadin said Florkm lawyers need to discuss the idea, we of many new being considered as ways to modemae the Bar. "(Lawyer) take herd problems and we malyze Mem and we get to the MM. Thaf's what we heti here. We need an hones, open discourse on Masa Issues," he mid. AM Abadin sold Ira's glad Mal lawyers, who have largely ignored Me Vslon 2016 agenda until mi 'an row paying abandon and engaged; even though he's been dismantled far what is viewed by some as his support for the proposal. 'What I hope we ono now is Instead of saying yes' or'no: instead of being afraid of the dismission, we do whet lawyers do every day. Engage in an educated, reasoned dialogue about Me arnges, many of whiar are Inevitable in our problem. due to our economy changing,' Abadin, who cad he is not advocating for anything, said in a telephone interview. The issue has put Schwed and Abadin — Schwed mid the Bar president advanced his wadding commonly 25 years ago — at odds. Schwed, who, heads a small firm of five lawyer, has Issued several email mills -to -amu outlining problems In Me plan and urging his fellow attorneys to spew, out against it Schwed mid nes sent the missives to at bast 2,000lawyers. Screwed has else messaged Abadin and spoken with him on Me phone. 'His responsibility In The Florida Bar Is to make sum Mat Florida lawyer Met am practicing here really know their stuff. Ha should be protecting Florida citizens from incompetent curd -state lawyers who come hem and don't know a thing about Florida law. People can get hurt' Banned sad. Sowed Insists Mat what he one 'a Pawed proposal' would put Floridians —including a large number of vulnerable senior citizens — at Liv https://us-mg5.mail.yahoo.com/neo/launch?.partner=sbc&.rand=16e101md7jvsr 8/4/2015 Print Subject: FLORIDA TO PAY $700,000 TO END PUBLIC RECORDS DISPUTE From: The News Service of Florida (info2@newsserviceflodda.com) To: info2@newsserviceflorida.com; Date: Friday, August 7, 2015 6:45 PM NEWS SERVICE FLORIDA FLORIDA TO PAY $700,000 TO END PUBLIC RECORDS DISPUTE By JIM TURNER THE NEWS SERVICE OF FLORIDA Pagel of 2 @2015 The News Service of Florida. All rights reserved. Posting or forwarding this material without permission is prohibited. You can view the Terms of Use on our website. THE CAPITAL, TALLAHASSEE, August 7,2015 .......... A dispute alleging Gov. Rick Scott and his staff subverted public -records laws will cost the state $700,000, according to an agreement released Friday by the governor's office. As first reported by the Herald/Times capital bureau, the state will pay the money to Tallahassee attorney Steven Andrews, who until this week had been involved in a legal battle with Scott and the Cabinet about the state's desire to expand property known as "The Grove" near the governor's mansion. The money will come from four agencies — $445,000 from the Department of Environmental Protection, $120,000 from the governor's office, $75,000 from the attorney general's office and $60,000 from the Department of State. In the course of battling about the property near The Grove, Andrews made public -records requests. Ultimately, a California judge ordered Internet giant Google in April to turn over correspondence through computer IP addresses from the Gmail accounts of Scott and two former staff members. Andrews argued that Scott used Gmail to sidestep the state's public - records laws. The agreement to pay Andrews in the public -records dispute was signed Wednesday, the same day that Scott and Cabinet members approved a settlement that ended the Grove property battle. That battle started in 2012 when Scott and state Cabinet members decided they wanted to buy land that included Andrews' law office as part of an expansion plan for The Grove, which was the former home of the late Gov. LeRoy Collins and his family. However, Andrews challenged the state plan, as he had entered a contract in 2011 to buy the land for his office. https://us-mg5.mail.yahoo.com/neo/launch?.partner=sbc&rctry_ssl=1 8/11/2015