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11th Amendment to Articles of Incorporation
T-FAT441 ELEVENTH AMENDMENT to ARTICLES OF INCORPORATION of the PALM BEACH COUNTY LEAGUE OF CITIES, INC. ARTICLE ONE: NAME The name of this corporation shall be PALM BEACH COUNTY LEAGUE OF CITIES, INC., a corporation not for profit, which shall be entitled to and possess all privileges and powers of a non-profit corporation under Chapter 617, Florida Statutes. ARTICLE TWO: DURATION The term of existence of the corporation is perpetual. ARTICLE THREE: PURPOSE The purpose of the Palm Beach County league of Cities, Inc. (hereinafter the "League"), shall be to promote and advance the collective interests of the municipalities of Palm Beach County, Florida; to study municipal issues and seek desired results through cooperative effort; to respect the principles of Home Rule; to encourage and enhance the quality of life of the citizens of the municipalities of Palm Beach County; and/or to engage in any other lawful purpose not for pecuniary profit. ARTICLE FOUR: A. Municipal Membership. Each municipality in Palm Beach County, Florida, shall be eligible and may become a member of this League upon payment of the annual dues and any assessments levied by the membership. The amount of dues shall be established from time to time by the Board of Directors and shall be ratified by the Municipal Membership prior to becoming effective. B. Associate Membership. Associate Membership may be provided for in the League Bylaws. C. Ex -Officio Membership. Ex Officio membership may be provided for in the League Bylaws. ARTICLE FIVE: OFFICERS AND BOARD OF DIRECTORS A. The Officers of the Corporation shall be: President, up to three Vice -Presidents (as determined by vote of the general membership and adopted in the Bylaws,) and Secretary -Treasurer. Only duly elected municipal officials shall be eligible for election as President or Vice-President(s) pursuant to the procedures established in the League Bylaws. The Secretary -Treasurer may be either an elected or appointed municipal official. The duties and responsibilities of the Officers and Directors shall be those established in the League Bylaws. B. The Board of Directors shall consist of the Officers of the corporation as well as the other Board Members described herein below. The Officers and Board Members shall be elected according to the procedures set forth in the Bylaws; provided however, that there shall never be more than one (1) voting member elected from any municipality. In addition to the Officers, the Board of Directors shall be comprised of: be made from the floor by any member in good standing at the April regular membership meeting. Nominees from the floor must have submitted a written "Consent to Serve" form prior to their name being placed in nomination. Such "consent to Serve" forms shall contain an acknowledgment of the duties and responsibilities of the nominated position as set forth in the Bylaws. Prior to the Annual Meeting, each nominee's municipality shall be notified of their representative's nomination for League Office. ARTICLE EIGDT: AMENDMENT OF ARTICLES OF INCORPORATION AND BYLAWS These Articles of Incorporation may be amended, and Bylaws adopted or amended, by the affirmative vote of a simple majority of the Municipal Membership at a regular or special meeting of the Municipal Membership, provided, that notice in writing, together with copies of all proposed Bylaws and/or amendments to the Bylaws or Articles of Incorporation, shall be provided to all Municipal Members at least thirty (30) days in advance of the meeting at which action shall be taken. ARTICLE NINE: REGISTERED AGENT The registered office of the corporation shall be located at 1111 Hypoluxo Road, Suite 207, Lantana, Florida 33462. The registered agent of the corporation at that address shall be Corbett, White, Davis & Aston P.A. The Registered Agent may be replaced by the Board of Directors from time to time, as desired. ARTICLE TEN: INCORPORATOR The name and address of the subscriber of these Amended Articles of Incorporation is TRELA J. WHITE, ESQ., 1111 Hypoluxo Road, Suite 207, Lantana, Florida 33462. IN WITNESS WHEREOF, I have subscribed my name this 26ih day of August, 2015. TRELA J. WHITE, ESQ. All Municipal Members are entitled to vote on proposed amendments to the Articles of Incorporation. There were 38 Municipal Members as of August 26, 2015 when this Eleventh Amended Articles of Incorporation appeared on the agenda for approval. The Eleventh Amended Articles of Incorporation provide for amendments to the Articles and Bylaws by the affirmative vote of a simple majority of the Municipal Members. members were present and this document was approved by voting delegates, which is sufficient for approval. This Eleventh Amended Articles of Incorporation of the Palm Beach County League of Cities, Inc. was duly adopted on August 26, 2015. ATTEST: Mo Thornton, Secretary (SEAL) Dawn S. Pardo, President BY-LAWS OF PALM BEACH COUNTY LEAGUE OF CITIES, INC. AS AMENDED ON August 26, 2015 ARTICLE ONE ASSOCIATE AND EX OFFICIO MEMBERS Section 1. Associate Membership Established. Pursuant to Article Four of the Articles of Incorporation, there is hereby established an Associate Membership in the League to be composed of individuals, organizations, and business entities which support or serve the municipalities of Palm Beach County. Such applicants for Associate Membership in the League must: (A.) be sponsored by a Municipal Member in good standing; (B.) submit a membership application; and (C.) tender payment of annual dues as may be set by the Board of Directors from time to time. The Board reserves the right to reject or approve each application and may revoke such membership by simple majority if, by the Board's sole determination, an Associate Member no longer supports or contributes to the purposes of the League. Associate members may vote on committees to which they are appointed, but shall have no voting privileges at the Board of Directors or General Membership meetings. Section 2. Ex Officio Membership Established. Pursuant to Article Four of the Articles of Incorporation, there is hereby established an Ex Officio Membership to be composed of all Past Presidents of the League and governmental agencies not eligible for Municipal Membership. Such agencies may become Ex Officio Members upon the nomination of the agency by a Municipal Member and approval by the Board of Directors. Additionally, the Board of Directors may appoint honorary Ex Officio members to the League from time to time as desired. The Board reserves the right to reject or approve each nomination and may revoke such membership by simple majority, if by the Board's sole determination, an Ex Officio Member no longer supports or contributes to the purposes of the League. The immediate Past President of the League, if still an elected official shall automatically be a voting Ex Officio member of the League as well as of the Board of Directors and shall be counted for the purposes of a quorum. All other Ex Officio members may vote on committees to which they are appointed, but shall have no voting privileges at the Board of Directors or General Membership meetings. ARTICLE TWO MEETINGS AND QUORUMS Section 1. Regular Meeting, The Regular meeting of the Municipal Membership shall be held on the 4"' Wednesday of each month or at a time and place to be determined by the Board. Municipal Members are encouraged to support the League by hosting regular monthly meetings. Business to come before the membership shall be submitted to the Executive Director no later than ten (10) working days prior to each meeting. In addition, items of business maybe added, modified or deleted from the agenda by proper motion from the floor at each meeting. Section 2. Annual Meeting. The Annual Meeting for the election of Officers and Directors of the League shall be the Regular Meeting for the month of May, or a Special Meeting in May called for that purpose, if necessary, in each year. Section 3. Special Meetings. Upon the call of the President or upon motion of the Board of Directors, a Special Meeting of the Municipal Membership shall be held to consider items of business, which because of critical timing, concern, or complexity require the attention of the membership at other than a Regular Meeting. Only those business items listed on the Special Meeting notice may be considered at such meeting. Page 1 of 10 unopposed, that nominee shall automatically be elected by acclamation without ballot. Ballots, if necessary, shall be tabulated by the nominating committee and the results announced to the membership. Weighted voting shall not apply to the election of Officers and/or Directors. ARTICLE FOUR VOTING Section 1. Municipal Members. Each Municipal Member, whose dues and assessment accounts are current, shall be eligible to vote on items of business at all Regular and Special Meetings. Each Municipal Member, by proper motion of its governing body, shall annually designate a voting delegate and alternates if so desired. Voting delegates and alternates from each Municipal Member shall be submitted to the Executive Director of the League in writing upon a form provided for this purpose. This form shall also be executed by the Mayor and Clerk of the applicable municipality. No other persons shall be eligible to vote on business items at Municipal Membership Meetings. Section 2. Weighted Votes. A. Allocation; Mechanism: Any Municipal Member who is eligible to vote may call for a weighted vote on any issue before the membership unless prohibited under subsection B herein below. Weighted voting is automatic upon call by a member who is eligible to vote. Each weighted vote shall be by roll call vote, taken and recorded by the Secretary -Treasurer or designee. Weighted votes for each Municipal Member shall be based upon the latest Estimates of Population by County and Municipality prepared by the University of Florida. (1) Each Municipal Member of up to 5,000 population shall have one (1) weighted vote. (2) Each Municipal member of 5,001 to 17,144 population shall have two (2) weighted votes. (3) Each Municipal member of 17,145 to 35,000 population shall have three (3) weighted votes. (4) Each Municipal Member of 35,001 or more population shall have four (4) weighted votes. B. Prohibited: Weighted voting is prohibited in the following instances: (1) Appointments to County wide, Regional and State Committees and Boards in accordance with Article Eleven of these Bylaws. (2) Removal of League appointees in accordance with Article Twelve of these Bylaws. (3) Election of Officers and Directors in accordance with Article Three of these Bylaws. Section 3. Non -Weighted Votes. Unless a weighted vote as described in accordance with subsection 2A hereinabove is requested by a member eligible to vote and approved by the Membership, the business shall be conducted by a simple majority of the quorum. If the presiding officer is unable to determine the results of a voice vote, the presiding officer may request a roll call vote. ARTICLE FIVE RULES AND ORDER OF BUSINESS Section 1. Rules. The Board of Directors may from time to time adopt rules of order and procedure for the conduct of business at all meetings. Otherwise the conduct of business shall be in accordance with Page 3 of 10 ARTICLE SEVEN BOARD OF DIRECTORS Section 1. Authori . Unless otherwise prohibited or restricted in these Bylaws or the Articles of Incorporation, the Board of Directors may conduct any and all business of the League, and shall be responsible to the membership for formulating the policies of the League. It is the responsibility of the Board of Directors to annually prepare a statement of goals and objectives for the League and present such statement to the Membership. Section 2. Board of Directors. In accordance with Article Five of the Articles of Incorporation, one eligible Municipal Member shall be elected from each of six (6) of the Large Municipalities (pop. over 25,000), two (2) additional Directors shall be elected from any two (2) eligible Municipalities and one (1) Director shall be elected from each of the five (5) following districts: 1. District 1. Juno Beach, Jupiter, Jupiter Wet Colony, Lake Park, Mangonia Park, North Palm Beach, Palm Beach, Palm Beach Gardens, Palm Beach Shores, Riviera Beach, and Tequesta. 2. District 2. Cloud Lake, Glen Ridge, Haverhill, Lake Clarke Shores, Loxahatchee Groves, Palm Springs, Royal Palm Beach, West Palm Beach and Wellington. 3. District 3. Atlantis, Boynton Beach, Greenacres, Hypoluxo, Lake Worth, Lantana, Manalapan, South Palm Beach, and the Village of Golf. 4. District 4. Boca Raton, Briny Breezes, Delray Beach, Gulf Stream, Highland Beach and, Ocean Ridge. 5. District 5. Belle Glade, Pahokee, and South Bay. There shall never be more than one (1) voting member on the Board of Directors from any municipality. Vacancies occurring during the term of office for Directors and/or officers shall be filled for the remainder of the term pursuant to Article Five of the Articles of Incorporation. Section 3. Directors' Responsibilities. It is the responsibility of each Director representing a district to communicate with his constituent municipalities concerning actions taken or to be taken by the Board of Directors. Municipal Members are encouraged to contact the Director representing their district concerning issues of collective interest. The Director representing that district shall be responsible for bringing such issues to the attention of the other members of the Board of Directors. Directors at Large are responsible for representing the collective interests of the entire League Municipal Membership. Directors at Large shall be responsible for bringing issues of interest to the attention of the other members of the Board of Directors. Section 4. Attendance. A Director or Officer who accumulates three unexcused absences from Board of Directors Meetings during each annual term shall automatically forfeit his or her position as a Director or Officer and shall be replaced for the remainder of the term by the Board of Directors in accordance with Article Five of the Articles of Incorporation. Excused absences shall be approved by the President only upon oral or written notice of absence due to a close personal family emergency, employee mandates, religious obligations, or due to the required presence elsewhere related to official municipal or League business matters. It is the express intention of the League to compel attendance by the Directors and Officers; thus, if a Director or Officer is continually or habitually absent even though excused, it shall be his or her obligation to resign for the good of the League. In the event said Director or Officer does not resign due to continual or habitual absence, though excused, then upon the majority vote of the voting members of the Board of Directors, said Director or Officer shall be removed. Page 5 of 10 3. To act as representative of the League to the Florida League of Cities, the Board of County Commissioners and the Florida Legislature and shall generally serve as the League's liaison and Legislative advocate. 4. To prepare and submit a proposed annual operating budget to the Finance Committee by April of each year. 5. To keep the Board of Directors, through the Secretary -Treasurer, fully advised as to the financial condition and future needs of the League. 6. Sign contracts on behalf of the League pursuant to approved appropriations of the Board of Directors. 7. And shall perform such other duties assigned by the Board of Directors, these Bylaws and/or the Articles of Incorporation. Section 2. General Counsel. The Board of Directors may appoint a General Counsel to the League who shall be a member of the Florida Bar. The General Counsel shall serve at the pleasure of the Board. Once appointed, the Board shall not discharge the General Counsel without the affirmative vote of a majority of the entire Board. The General Counsel shall perform such other duties as assigned by the Board of Directors. ARTICLE TEN LEAGUE COMM TI Section 1. In General. The Executive Committee, the Legislative Committee, the Policy and Procedures Committee, the Finance Committee, the Program Committee, the Scholarship Committee, the Environmental Committee, the Transportation Committee, the Education Committee, and the Inspector General Budget Review Committee and the It's The Economy Committee are standing committees and shall consist of the membership as set forth in these By -Laws. All other committees shall be composed of the Chair, appointed by the President, together with a minimum of (4) Municipal Members and up to two (2) Associate Members, appointed by the Board of Directors. The municipal members may include elected officials or municipal staff as deemed necessary and prudent for the benefit of the League. The Chair of each Committee shall be responsible for the Committee and shall provide a report of committee activities and issues to the President, the Board of Directors, and the Municipal Membership on an as needed basis. The Chair of each committee may select a co-chair from the Municipal Members of the committee. The Executive Director shall attend the meetings of such committees as requested by the Board of Directors. All League Committees shall be advisory to the Board of Directors. All committee members have voting privileges. Section 2. Terms. Terms for all League Committee appointments shall be for one (1) year commencing July I` of each year. Any unexpired vacant term of a committee member shall be filled for the remainder of the term by the Board of Directors. In the event a Chair of a Committee is not fulfilling his or her responsibilities, the President shall, in his or her sole discretion, remove said Chair and appoint a replacement for the remainder of the term. The municipal members on all League Committees shall be either elected officials or municipal managers/administrators. Section 3. Executive Committee. The Executive Committee shall be composed of the Officers as set forth in Article Eight, which shall be chaired by the President. Such committee shall meet when necessary upon the call of the President at which time members may appear by telephone. Members of the Executive Committee may attend any and/or all committee meetings, as desired. Page 7 of 10 committee. The Transportation Committee shall review issues, policies, and legislation affecting municipalities and shall make recommendations for action to the Board of Directors. Section 11. Education Committee. The Board of Directors shall appoint a minimum of four (4) Municipal Members to serve on the Education Committee. Additionally, up to two (2) associate members may be appointed to the committee as needed, which shall be chaired by a Member of the Board of Directors, appointed by the President, who may select a co-chair from the Municipal Members on the committee. The Education Committee shall review issues, policies, and legislation affecting municipalities and make recommendations for action to the Board of Directors; and shall oversee the Youth Delegation Program. Section 12. Inspector General (I.G.) Budget Review Committee. The Board of Directors shall appoint municipal members to serve on the I.G. Budget Review Committee. As mandated by the Inspector General Ordinance, the I.G. shall deliver a preliminary budget request to the Palm Beach League of Cities, Inc. no later than April 1" of every year and shall be available to discuss same with the League prior to May 1" of each year.The Budget Review Committee shall review the Inspector General's preliminary budget request when presented to them and be prepared to offer their recommendations to the League's Board of Directors prior to their required meeting with the Board of County Commissioners which must be held no later than June 30"'. Section 13. It's The Economy (ITE) Committee. The Board of Directors shall appoint a minimum of four (4) Municipal Members to serve on the ITE Committee. Additionally, up to two (2) associate members may be appointed to the committee as needed, which shall be chaired by a Member of the Board of Directors, appointed by the President, who may select a co-chair from the Municipal Members on the committee. The ITE Committee vets best practices on ways municipalities can save money and resources. Section 4314. Other Committees. From time to time, the Board of Directors may establish additional Ad Hoc Committees either of the Board or of the membership to assist in the betterment of the League. The membership of these Ad Hoc Committees shall follow the guidelines set forth in Section 1. hereinabove. ARTICLE ELEVEN LEAGUE APPOINTMENTS TO COUNTY WIDE, REGIONAL AND STATE COADIITTEES AND BOARDS Section 1. Appointments. Unless otherwise required by Law, the Board of Directors shall nominate appointees to the County wide, Regional and/or State Boards, Committees, and Authorities as may from time to time be established. Nominations by the Board of Directors, together with any nominations from the floor, shall be voted upon at a Regular Meeting of the Municipal Membership or at a Special Meeting called for that purpose. If the presiding officer is unable to determine the results of a voice vote, then a roll call shall be taken. Weighted voting, as described in these Bylaws, shall not apply to these League appointments. Section 2. The three (3) District 12 nominations to the Florida League of Cities Board of Directors shall be comprised of the standing President of the Palm Beach County League of Cities and two (2) duly elected Municipal Members who have experience with both the Florida League of Cities and Palm Beach County League of Cities. For members, other than the League President, nominations shall be made by the Board of Directors and shall be voted upon by the general membership as set forth above. The Board may support nominees for multiple year terms provided that the individual initially seated is in the process of seeking office at the state or national level. Page 9 of 10 CG VVV The Florida League of -Cities isgatheringinformation from cities relating to the costs to comply with public records requests. While every city will incur some level of "reasonable" expenses in complying with public records requests, numerous cities frequently incur extraordinary or unreasonable costs. The reasons for these extraordinary costs can vary, but include: records requests clearly designed to be harassing in nature (either by the frequency of requests or the extent of any particular request); requests designed to generate a technical violation of the public records law; and requests designed to do nothing more than serve as the basis of a lawsuit, typically with offers to the city to settle and pay attorney's fees/legal costs. Please take a minute to answer the following questions: 1. Does your municipality specifically budget for complying with public records requests? If yes, how much annually? 2. Give best estimates in terms of. a. How many public records requests per month? b. Approximate amount of time spent by staff responding to requests (start to finish)? c. Number of staff involved with requests? If your municipality has been threatened with a lawsuit(s) or had a lawsuit(s) relating to public records requests, please provide the legal costs incurred by the city to defend the threat or lawsuit and the amount, if any, paid to the records requestor to include the requestor's legal costs. 4. Has your municipality had any unusual experiences (for example, a request seeking "all data/records" on a given topic) with public records requests, or requests that appear designed to be harassing in nature (for example, repeated requests for substantially the same information), or requests designed to produce a technical violation of the public records law? If so, please provide informative details, to include the costs incurred by the city in either complying with or defending against the request. 5. Please provide any other information you feel is pertinent relating to public records requests, to include costs incurred by the city. Please complete and return the survey before October 31, 2014. If you have any questions, please contact: 7y. Scott Dudley, sdudlevna,flcities.com, or Kraig Conn, kconn@Rcities.com, at 850-222-9684 Completed surveys can be emailed to: .4 Erika Bowen at EBowen(a),fleities.com or faxed to 850-222 3806 ATTN: Erika Bowen 0 Q0 "/ o cL_L(L 1 Q a"rlkem0/, ,� C5Pc-7 f90) c(",WX` r LC��(ICA I �,u i ine A runic vmcers, employees, anti xecorus ZSectlon 12u.S... Yage 1 of 3 onede ® Penal Cod. . Lan In Calllcrnla li�Cc! fCmla Ccdes �Cc^_cst Court opinions Title X Public Officers, Employees, and US Supreme Court Records Section 120.595 Attorney's fees. Us Tax CoBoard Q of atent Legal Research flome> Florida Statutes > Public Officers Emnlorees and Records > Title Public Officers, Employees, and Records Section 120.595 Attorne)es le. "/ \ Appeals es Florida Criminal Defense JAN 26: President State Laws by Florida Criminal➢elense lawyers Request a Ftee Case Evaluation Naw! mount Senloi Alabama o o Can Get From Reverse Arizona California 120.595 Attorneys fees.— Mortgages ny°uare62ce.1del Florida Georgia (1) (1) CHALLENGES TO AGENCYACTION PURSUANT TO SECTION 12o.5'7 You can generale up In income horn your home Mill 5011 Immg Nen Illinois _ (1) you're The amounlyeucar Indiana (a) The provisions of this subsection are supplemental to, and do not gel a s° high became of Ne P.,clemrs Pmencan Recovery Massachusetts abrogate, other provisions allowing the award of fees or costs in and ReX.RZenl Ar Yom mortgage Michigan Nevada administrativepg roceedin s. payments are eliminated and you New Jersey (b) The final order in a proceeding pursuant to s.120.57(1) shall award begin genmlalm, me omo New York reasonable costs and a reasonable attorneys fee to the prevailing party only sated re. �`e: �.I �camwale North Carolina where the nonprevailing adverse p g party has been determined by the rfe. Oregon administrative law judge to have participated in the proceeding for an House Pavn a"' Pennsylvania improper purpose. Texas Virginia (c) In proceedings pursuant to s. 120.57(1), and upon motion, the Washington administrative law judge shall determine whether any party participated in the proceeding for an improper purpose as defined by this subsection. In US Code making such determination, the administrative law judge shall consider whether the nonprevailing adverse party has participated in two or more 1 USC - General other such proceedings involving the same prevailing party and the same Provisions project as an adverse party and in which such two or more proceedings the 2 USC - The nonprevailing adverse party did not establish either the factual or legal Congress merits of its position, and shall consider whether the factual or legal position 3 USC - The asserted in the instant proceeding would have been cognizable in the President previous proceedings. In such event, it shall be rebuttably presumed that the 4 USC - Flag and nonprevailing adverse party participated in the pending proceeding for an Seal im�r purpose. 5 USC - Gov t Organization In any proceeding in which the administrative law judge determines 6 USC -Domestica tthatparty participated in the proceeding for an improper purpose, the Security mmended order shall so designate and shall determine the award of 7 USC - Agriculture and attorney's fees. 8 USC - Aliens and Nationality (e) For the purpose of this subsection: 9 USC - Arbitration to USC -Armed y "Improper purpose" means participation in a proceeding pursuant to s. Forces 120.57(1) primarily to harass or to cause unnecessary delay or for frivolous 11 USC - Bankruptcy purpose or to needlessly increase the cost of litigation, licensing, or securing 12 USC -Banks and the approval of an activity. Bong 2. "Costs" has the same meaning as the costs allowed in civil actions in this 13 USC - Census state as provided in chapter 57. 14 USC - Coast Guard 3. "Nonprevailing adverse party" means a party that has failed to have 15 USC - Commerce substantially changed the outcome of the proposed or final agency action and Trade which is the subject of a proceeding. In the event that a proceeding results in 16 USC - any substantial modification or condition intended to resolve the matters http://Iaw.onecle.com/florida/public-officers-employees-and-reco... 1/26/2015 l ltte x rubllc umcers, hmployees, anti Kecoras 5ectlon 11U.--)... rage L of j Conservation raised in a party's petition, it shall be determined that the party having raised 17 USC - Copyrights the issue addressed is not a nonprevailing adverse party. The recommended 18 USC - Crimes order shall state whether the change is substantial for purposes of this 19 USC - Customs subsection. In no event shall the term "nonprevailing party" or "prevailing Duties party" be deemed to include any party that has intervened in a previously 20 USC - Education existing proceeding to support the position of an agency. 21 USC - Food and Drugs (2) CHALLENGES TO PROPOSED AGENCY RULES PURSUANT TO 22 USC - Foreign SECTION 120.56(2).—If the appellate court or administrative law judge Relations declares a proposed rule or portion of a proposed rule invalid pursuant to s. 23 USC - Highways 120.56(2), a judgment or order shall be rendered against the agency for 24 USC - Hospitals reasonable costs and reasonable attorney's fees, unless the agency 25 USC - Indians demonstrates that its actions were substantially justified or special 26 USC - Internal circumstances exist which would make the award unjust. An agency's actions Revenue Code are "substantially justified" if there was a reasonable basis in law and fact at 27 USC - the time the actions were taken by the agency. If the agency prevails in the Intoxicating Liquors proceedings, the appellate court or administrative law judge shall award 28 USC - Judiciary reasonable costs and reasonable attorney's fees against a party if the 29 USC - Labor appellate court or administrative law judge determines that a party 30 USC - Mineral participated in the proceedings for an improper purpose as defined by Lands paragraph (1)(e). No award of attorney's fees as provided by this subsection 31 USC - Money and shall exceed $50,000. Finance 32 USC - National (3) CHALLENGES TO EXISTING AGENCY RULES PURSUANT TO Guard SECTION 120.56(3) AND (5).—If the appellate court or administrative law 33 USC - Navigation judge declares a rule or portion of anile invalid pursuant to a.12o.56(3) or 34 USC - Navy (5), a judgment or order shall be rendered against the agency for reasonable (repealed) costs and reasonable attorney's fees, unless the agency demonstrates that its 35 USC - Patents actions were substantially justified or special circumstances exist which 36 USC - Patriotic would make the award unjust. An agency's actions are "substantially Societies justified" if there was a reasonable basis in law and fact at the time the 37 USC - Uniformed actions were taken by the agency. If the agency prevails in the proceedings, Services the appellate court or administrative law judge shall award reasonable costs 38 USC - Veterans' and reasonable attorney's fees against a party if the appellate court or Benefits administrative law judge determines that a party participated in the 39 USC - Postal proceedings for an improper purpose as defined by paragraph (1)(e). No Service award of attorney's fees as provided by this subsection shall exceed $50,000. 40 USC - Public Property (4) CHALLENGES TO AGENCY ACTION PURSUANT TO SECTION 120.56 41 USC - Public W.— 4)'Contracts Contracts 42 USC -Public (a) If the appellate court or administrative law judge determines that all or Health part of an agency statement violates a.12o.54(1)(a), or that the agency must 43 USC -Public immediately discontinue reliance on the statement and any substantially ds similar statement pursuant to a.12o.56(4)(e), a judgment or order shall be 44 USC -Publi 44 USC entered against the agency for reasonable costs and reasonable attorney's Printing fees, unless the agency demonstrates that the statement is required by the 45 USC - Railroads Federal Government to implement or retain a delegated or approved 46 USC -Shipping program or to meet a condition to receipt of federal funds. 47 USC - Telecom (b) Upon notification to the administrative law judge provided before the 48 USC - Territories final hearing that the agency has published a notice of rulemaking under s. 49 USC - Transportation 120.54(3)(a), such notice shall automatically operate as a stay of proceedings 50 USC - War pending rulemaking. The administrative law judge may vacate the stay for good cause shown. A stay of proceedings under this paragraph remains in US Constitution effect so long as the agency is proceeding expeditiously and in good faith to adopt the statement as a rule. The administrative law judge shall award reasonable costs and reasonable attorney's fees accrued by the petitioner Preamble prior to the date the notice was published, unless the agency proves to the Art. I - Legislative administrative law judge that it did not know and should not have known Art. II - Executive that the statement was an unadopted Wile. Attorneys' fees and costs under Art. III - Judicial this paragraph and paragraph (a) shall be awarded only upon a finding that Art. IV - States' the agency received notice that the statement may constitute an unadopted http://Iaw.onecle.com/florida/public-officers-employees-and-reco... 1/26/2015 I ltle 1L rUVllc V11110erS, rmployees, ana KecorQs Jectlon i2u.J... Page j of 3 Relations rule at least 3o days before a petition under s. 120.56(4) was filed and that Art. V - Mode of the agency failed to publish the required notice of rulemaking pursuant to s. Amendment 120.54(3) that addresses the statement within that 30 -day period. Notice to Art. VI - Prior Debts the agency may be satisfied by its receipt of a copy of the S. 120-56(4) Art VII - Ratification petition, a notice or other paper containing substantially the same information, or a petition filed pursuant to s. 120.54(7)• An award of attorney's fees as provided by this paragraph may not exceed $5o,000. (c) Notwithstanding the provisions of chapter 284, an award shall be paid from the budget entity of the secretary, executive director, or equivalent administrative officer of the agency, and the agency shall not be entitled to payment of an award or reimbursement for payment of an award under any provision of law. (d) If the agency prevails in the proceedings, the appellate court or administrative law judge shall award reasonable costs and attorney's fees against a party if the appellate court or administrative law judge determines that the party participated in the proceedings for an improper purpose as defined in paragraph (1)(e) or that the party or the party's attorney knew or should have known that a claim was not supported by the material facts necessary to establish the claim or would not be supported by the application of then -existing law to those material facts. (5) APPEALS.—When there is an appeal, the court in its discretion may award reasonable attorney's fees and reasonable costs to the prevailing party if the court finds that the appeal was frivolous, meritless, or an abuse of the appellate process, or that the agency action which precipitated the appeal was a gross abuse of the agency s discretion. Upon review of agency action that precipitates an appeal, if the court finds that the agency improperly rejected or modified findings of fact in a recommended order, the court shall award reasonable attorney's fees and reasonable costs to a prevailing appellant for the administrative proceeding and the appellate proceeding. (6) OTHER SECTIONS NOT AFFECTED.—Other provisions, including ss. 57.105 and 57.111, authorize the award of attorney's fees and costs in administrative proceedings. Nothing in this section shall affect the availability of attorney's fees and costs as provided in those sections. History.—s. 25, ch. 96-i59; s. u, ch. 97-176; s. 48, ch. 99-2; s. 6, ch. 2003-94; S-13, ch. 2008-104. Sections: Previous 120.S55 12o.s6 120_565 120_564 120.57 120.572 120.574 120.595 120.6o 120.62 120.6:1 12o.65 120.65121 o.6S5 120.66 Next Last modified: July 29, 2014 Public Arrest Records r. Enter a Name & Search for Free 2 VimAnest Records Instantly! Business Contracts http://Iaw.onecle. com/florida/public-officers-employees-and-reco... 1/26/2015 ® P[ -Er M—QLL0 False Claims Act Resource Center PI ITMAGAI IO G010ON AT FANO AO1IL[6 LASIANI I. I I r The Florida False Claims Act 68.081 Florida False Claims Act; short title; purpose. -- (1) Sections 68.081-68.09 may be cited as the "Florida False Claims Act." (2) The purpose of the Florida False Claims Act is to deter persons from knowingly causing or assisting in causing state government to pay claims that are false or fraudulent, and to provide remedies for obtaining treble damages and civil penalties for state government when money is obtained from state government by reason of a false or fraudulent claim. History. --s. 1, ch. 94-316; s. 1, ch. 2007-236. 68.082 False claims against the state; definitions; liability. -- (1) As used in this section, the term: (a) "Agency" means any official, officer, commission, board, authority, council, committee, or department of the executive branch of state government. (b) "Claim" includes any written or electronically submitted request or demand, under a contract or otherwise, for money, property, or services, which is made to any employee, officer, or agent of an agency, or to any contractor, grantee, or other recipient if the agency provides any portion of the money or property requested or demanded, or if the agency will reimburse the contractor, grantee, or other recipient for any portion of the money or property requested or demanded. (c) "Knowing" or "knowingly" means, with respect to information, that a person: 1. Has actual knowledge of the information; 2. Acts in deliberate ignorance of the truth or falsity of the information; or Acts in reckless disregard of the truth or falsity of the information. No proof of specific intent to defraud is required. Innocent mistake shall be a defense to an action under this act. (d) "State government" means the government of the state or any department, division, bureau, commission, regional planning agency, board, district, authority, agency, or other instrumentality of the state. ®PMRALLLIQ False Claims Act Resource Center I'! I TPAC At lO GOR"M ARANO ROSICA 8 PA1lAAl1. 11 P (e) "Department" means the Department of Legal Affairs, except as specifically provided in ss. 68.083 and 68.084. (2) Any person who: (a) Knowingly presents or causes to be presented to an officer or employee of an agency a false or fraudulent claim for payment or approval; (b) Knowingly makes, uses, or causes to be made or used a false record or statement to get a false or fraudulent claim paid or approved by an agency; (c) Conspires to submit a false or fraudulent claim to an agency or to deceive an agency for the purpose of getting a false or fraudulent claim allowed or paid; (d) Has possession, custody, or control of property or money used or to be used by an agency and, intending to deceive the agency or knowingly conceal the property, delivers or causes to be delivered less property than the amount for which the person receives a certificate or receipt; (e) Is authorized to make or deliver a document certifying receipt of property used or to be used by an agency and, intending to deceive the agency, makes or delivers the receipt without knowing that the information on the receipt is true; (f) Knowingly buys or receives, as a pledge of an obligation or a debt, public property from an officer or employee of an agency who may not sell or pledge the property lawfully; or (g) Knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to an agency, is liable to the state for a civil penalty of not less than $5,500 and not more than $11,000 and for treble the amount of damages the agency sustains because of the act or omission of that person. (3) The court may reduce the treble damages authorized under subsection (2) if the court finds one or more of the following specific extenuating circumstances: (a) The person committing the violation furnished officials of the agency responsible for investigating false claims violations with all information known to the person about the violation within 30 days after the date on which the person first obtained the information; (b) The person fully cooperated with any official investigation of the violation; ®PIEfR Lam False Claincs Act Resource Center ,II iMGAI M GORMN AT IAYO 906106& MIFAM M LIP (c) At the time the person furnished the agency with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced under this section with respect to the violation, and the person did not have actual knowledge of the existence of an investigation into the violation; in which case the court shall award no less than 2 times the amount of damages sustained by the agency because of the act of the person. The court shall set forth in a written order its findings and basis for reducing the treble damages award. History. --s. 2, ch. 94-316; s. 2, ch. 2007-236. 68.083 Civil actions for false claims. -- (1) The department may diligently investigate a violation under s. 68.082. If the department finds that a person has violated or is violating s. 68.082, the department may bring a civil action under the Florida False Claims Act against the person. The Department of Financial Services may bring a civil action under this section if the action arises from an investigation by that department and the Department of Legal Affairs has not filed an action under this act. (2) A person may bring a civil action for a violation of s. 68.082 for the person and for the affected agency. Civil actions instituted under this act shall be governed by the Florida Rules of Civil Procedure and shall be brought in the name of the State of Florida. Prior to the court unsealing the complaint under subsection (3), the action may be voluntarily dismissed by the person bringing the action only if the department gives written consent to the dismissal and its reasons for such consent. (3) The complaint shall be identified on its face as a qui tam action and shall be filed in the circuit court of the Second Judicial Circuit, in and for Leon County. Immediately upon the filing of the complaint, a copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Attorney General, as head of the department, and on the Chief Financial Officer, as head of the Department of Financial Services, by registered mail, return receipt requested. The department, or the Department of Financial Services under the circumstances specified in subsection (4), may elect to intervene and proceed with the action, on behalf of the state, within 60 days after it receives both the complaint and the material evidence and information. (4) If a person brings an action under subsection (2) and the action is based upon the facts underlying a pending investigation by the Department of Financial Services, the Department of Financial Services, instead of the department, may take over the action on behalf of the state. In order to take over the action, the Department of Financial Services must give the department written notification within 20 days after the action is filed that the Department of Financial Services is conducting an investigation of the facts of the action and that the Department of Financial Services, instead of the LIE riIMG ILOGOX ALL,Q False Claims Act Resource Center rllfMGM &KkSFAUN. itr o 6011CCA AAfrANll. llr department, will take over the action filed under subsection (2). If the Department of Financial Services takes over the action under this subsection, the word "department" as used in this act means the Department of Financial Services, and that department, for purposes of that action, shall have all rights and standing granted the department under this act. (5) The department may, for good cause shown, request the court to extend the time during which the complaint remains under seal under subsection (2). Any such motion may be supported by affidavits or other submissions in camera. The defendant is not required to respond to any complaint filed under this section until 20 days after the complaint is unsealed and served upon the defendant in accordance with law. (6) Before the expiration of the 60 -day period or any extensions obtained under subsection (5), the department shall: (a) Proceed with the action, in which case the action is conducted by the department on behalf of the state; or (b) Notify the court that it declines to take over the action, in which case the person bringing the action has the right to conduct the action. (7) When a person files an action under this section, no person other than the department on behalf of the state may intervene or bring an action under this act based on the facts underlying the pending action. History. --s. 3, ch. 94-316; s. 103, ch. 2003-261; s. 3, ch. 2007-236. 68.084 Rights of the parties in civil actions. -- (1) If the department, on behalf of the state, proceeds with the action, it has the primary responsibility for prosecuting the action, and is not bound by any act of the person bringing the action. The person bringing the action has the right to continue as a party to the action, subject to the limitations specified in subsection (2). (2) (a) The department may voluntarily dismiss the action notwithstanding the objections of the person initiating the action. (b) Subject to s. 17.04, nothing in this act shall be construed to limit the authority of the department or the qui tam plaintiff to compromise a claim brought in a complaint filed under this act if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. (c) Upon a showing by the department that unrestricted participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the department's prosecution of the case, or would be repetitious, irrelevant, or for purposes of S P[ETMQALLO False Claims Act Resource Center IIR4AGAI lO GGAIMN At FANO Do,icu c wrexm ttr harassment, the court may, in its discretion, impose limitations on the person's participation, including, but not limited to: 1. Limiting the number of witnesses the person may call; 2. Limiting the length of the testimony of the person's witnesses; 3. Limiting the person's cross-examination of witnesses; or 4. Otherwise limiting the participation by the person in the litigation. (d) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation. (3) If the department elects not to proceed with the action, the person who initiated the action has the right to conduct the action. If the Attorney General, as head of the department, or the Chief Financial Officer, as head of the Department of Financial Services, so requests, it shall be served, at the requesting department's expense, with copies of all pleadings and motions filed in the action and copies of all deposition transcripts. When a person proceeds with the action, the court, without limiting the rights of the person initiating the action, may nevertheless permit the department to intervene and take over the action on behalf of the state at a later date upon showing of good cause. (4) Whether or not the department proceeds with the action, upon a showing by the department that certain actions of discovery by the person initiating the action would interfere with an investigation by state government or the prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. The court may extend the 60 -day period upon a further showing in camera by the department that the criminal or civil investigation or proceeding has been pursued with reasonable diligence and any proposed discovery in the civil action will interfere with an ongoing criminal or civil investigation or proceeding. (5) The application of one civil remedy under this act does not preclude the application of any other remedy, civil or criminal, under this act or any other provision of law. Civil remedies under this act are supplemental, not mutually exclusive. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under this section. As used in this subsection, the term "final" means not subject to judicial review. (6) The Department of Financial Services, or the department, may intervene on its own behalf as a matter of right. q—F—r LLLLQ False Claims Act Resource Center HI TM"UO GORMI AMINO AOSILAA MSPANU.I IP History. --s. 4, ch. 94-316; s. 104, ch. 2003-261; s. 4, ch. 2007-236. 68.085 Awards to plaintiffs bringing action.— (1) If the department proceeds with and prevails in an action brought by a person under this act, except as provided in subsection (2), the court shall order the distribution to the person of at least 15 percent but not more than 25 percent of the proceeds recovered under any judgment obtained by the department in an action under s. 68.082 or of the proceeds of any settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. (2) If the department proceeds with an action which the court finds to be based primarily on disclosures of specific information, other than that provided by the person bringing the action, relating to allegations or transactions in a criminal, civil, or administrative hearing; a legislative, administrative, inspector general, or auditor general report, hearing, audit, or investigation; or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10 percent of the proceeds recovered under a judgment or received in settlement of a claim under this act, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. (3) If the department does not proceed with an action under this section, the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than 25 percent and not more than 30 percent of the proceeds recovered under a judgment rendered in an action under this act or in settlement of a claim under this act. (4) Following any distributions under subsection (1), subsection (2), or subsection (3), the agency injured by the submission of a false or fraudulent claim shall be awarded an amount not to exceed its compensatory damages. If the action was based on a claim of funds from the state Medicaid program, 10 percent of any remaining proceeds shall be deposited into the Legal Affairs Revolving Trust Fund to fund rewards for persons who report and provide information relating to Medicaid fraud pursuant to s. 409. 9203. Any remaining proceeds, Including civil penalties awarded under s. 68.082, shall be deposited in the General Revenue Fund. (5) Any payment under this section to the person bringing the action shall be paid only out of the proceeds recovered from the defendant. (6) Whether or not the department proceeds with the action, if the court finds that the action was brought by a person who planned and initiated the violation of s. 68.082 upon which the action was brought, the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action which the person would otherwise receive under this section, taking into account the role of the person in advancing the case to litigation and any relevant circumstances ®PIETIt LA False Claims Act Resource Center NI 711AWtto G014t0V At pWU FoACF 6 VASPAAIL t f P pertaining to the violation. If the person bringing the action is convicted of criminal conduct arising from his or her role in the violation of s. 68.082, the person shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. Such dismissal shall not prejudice the right of the department to continue the action. CREDIT(S) Laws 1994, c. 94-316, 5 5; Laws 1995. c. 95-153, 5 11. Amended by Laws 2007, c. 2007-236. 5 5, eff. July 1, 2007; Laws 2009, c. 2009-223. 5 2, eff. July 1, 2009. History. --s. 5, ch. 94-316; s. 11, ch. 95-153; s. 5, ch. 2007-236. 68.086 Expenses; attorney's fees and costs. -- (1) If the department initiates an action under this act or assumes control of an action brought by a person under this act, the department shall be awarded its reasonable attorney's fees, expenses, and costs. (2) If the court awards the person bringing the action proceeds under this act, the person shall also be awarded an amount for reasonable attorney's fees and costs. Payment for reasonable attorney's fees and costs shall be made from the recovered proceeds before the distribution of any award. i (3) If the department does not proceed with an action under this act and the person bringing the action conducts the action, the court may award to the defendant its reasonable attorney's fees and costs if the defendant prevails in the action and the court finds that the claim of the person bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment. (4) No liability shall be incurred by the state government, the affected agency, or the department for any expenses, attorney's fees, or other costs incurred by any person in bringing or defending an action under this act. CREDIT(S) Laws 1994. c. 94-316. 5 6. Amended by Laws 2009, c. 2009-193. 5 2, eff. July 1. 2009; Laws 2009, c. 2009-223. 5 3. eff. July 1. 2009. History. --s. 6, ch. 94-316. 68.087 Exemptions to civil actions. -- (1) No court shall have jurisdiction over an action brought under this act against a member of the Legislature, a member of the judiciary, or a senior executive branch official if the action is based on evidence or information known to the state government when the action was brought. For purposes of this subsection, the term "senior executive branch official" means any person employed in the executive branch of government holding a position in the Senior Management Service as defined in s. 110.402. ®21—n Law False Claims Act Resource Center All TMGAItO GOAOON At PAHO AOHCK G "'TANI). II A (2) In no event may a person bring an action under s. 68.083(2) based upon allegations or transactions that are the subject of a civil action or an administrative proceeding in which the agency is already a party. (3) No court shall have jurisdiction over an action brought under this act based upon the public disclosure of allegations or transactions in a criminal, civil, or administrative hearing; in a legislative, administrative, inspector general, or Auditor General, Chief Financial Officer, or Department of Financial Services report, hearing, audit, or investigation; or from the news media, unless the action is brought by the department, or unless the person bringing the action is an original source of the information. For purposes of this subsection, the term 'original source" means an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the department before filing an action under this act based on the information. (4) No court shall have jurisdiction over an action where the person bringing the action under s. 68.083(2) is: (a) Acting as an attorney for state government; or (b) An employee or former employee of state government, and the action is based, in whole or in part, upon information obtained in the course or scope of government employment. (5) No court shall have jurisdiction over an action where the person bringing the action under s. 68.083(2) obtained the information from an employee or former employee of state government who was not acting in the course or scope of government employment. (6) No court shall have jurisdiction over an action brought under this act against a local government. For the purposes of this subsection, the term 'local government" means any county or municipality. History. --s. 7, ch. 94-316; s. 12, ch. 95-153; s. 105, ch. 2003-261. 68.088 Protection for participating employees. --Any employee who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of an action under this act, including investigation for initiation of, testimony for, or assistance in an action filed or to be filed under this act, shall have a cause of action under s. 112.3187. History. --s. 8, ch. 94-316. 68.089 Limitation of actions. --A civil action under this act may not be brought: (1) More than 6 years after the date on which the violation of s. 68.082 is committed; or SPIUM- L LIQ False Claims Act Resource Center r11TW;At 10 CORM) AUANO POSIC\6IA rAN1I. lir (2) More than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the state official charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed, whichever occurs last. History. --s. 9, ch. 94-316; s. 6, ch. 2007-236. 68.09 Burden of proof. --In any action brought under this act, the State of Florida or the qui tam plaintiff shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence. History. --s. 10, ch. 94-316. 68.091 Construction and severability of provisions. -- (1) This act shall be liberally construed to effectuate its remedial and deterrent purposes. (2) If any provision of this act or its application to any particular person or circumstance is held invalid, that provision or its application is severable and does not affect the validity of other provisions or applications of this act. History. --s. 11, ch. 94-316. 68.092 Deposit of recovered moneys. --All moneys recovered by the Chief Financial Officer as head of the Department of Financial Services under s. 68.086(1) in any civil action for violation of the Florida False Claims Act shall be deposited in the Administrative Trust Fund of the Department of Financial Services. History. --s. 13, ch. 94-316; s. 106, ch. 2003-261. 68.093 Florida Vexatious Litigant Law. -- (1) This section may be cited as the "Florida Vexatious Litigant Law." (2) As used in section, the term: (a) "Action" means a civil action governed by the Florida Rules of Civil Procedure and proceedings governed by the Florida Probate Rules, but does not include actions concerning family law matters governed by the Florida Family Law Rules of Procedure or any action in which the Florida Small Claims Rules apply. (b) "Defendant' means any person or entity, including a corporation, association, partnership, firm, or governmental entity, against whom an action is or was commenced or is sought to be commenced. S PIETRAGALLO False Claims Act Resource Center Flfil ,ICKg4 WA.T A1rr pOACF 6 MSIANp, f r" (c) "Security" means an undertaking by a vexatious litigant to ensure payment to a defendant in an amount reasonably sufficient to cover the defendant's anticipated, reasonable expenses of litigation, including attorney's fees and taxable costs. (d) "Vexatious litigant" means: 1. A person as defined in s. 1.01(3) who, in the immediately preceding 5 -year period, has commenced, prosecuted, or maintained, pro se, five or more civil actions in any court in this state, except an action governed by the Florida Small Claims Rules, which actions have been finally and adversely determined against such person or entity; or 2. Any person or entity previously found to be a vexatious litigant pursuant to this section. An action is not deemed to be "finally and adversely determined" if an appeal in that action is pending. If an action has been commenced on behalf of a party by an attorney licensed to practice law in this state, that action is not deemed to be pro se even if the attorney later withdraws from the representation and the party does not retain new counsel. (3) (a) In any action pending in any court of this state, Including actions governed by the Florida Small Claims Rules, any defendant may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security. The motion shall be based on the grounds, and supported by a showing, that the plaintiff is a vexatious litigant and is not reasonably likely to prevail on the merits of the action against the moving defendant. (b) At the hearing upon any defendant's motion for an order to post security, the court shall consider any evidence, written or oral, by witness or affidavit, which may be relevant to the consideration of the motion. No determination made by the court in such a hearing shall be admissible on the merits of the action or deemed to be a determination of any issue In the action. If, after hearing the evidence, the court determines that the plaintiff is a vexatious litigant and is not reasonably likely to prevail on the merits of the action against the moving defendant, the court shall order the plaintiff to furnish security to the moving defendant in an amount and within such time as the court deems appropriate. (c) If the plaintiff fails to post security required by an order of the court under this section, the court shall immediately Issue an order dismissing the action with prejudice as to the defendant for whose benefit the security was ordered. SMUM ,HALLO False Claims Act Resource Center rm/ GAI 10 GORMN ALFANO lOAl3: d MSrANII. Slr (d) If a motion for an order to post security is filed prior to the trial in an action, the action shall be automatically stayed and the moving defendant need not plead or otherwise respond to the complaint until 10 days after the motion is denied. If the motion is granted, the moving defendant shall respond or plead no later than 10 days after the required security has been furnished. (4) In addition to any other relief provided in this section, the court in any judicial circuit may, on its own motion or on the motion of any party, enter a prefiling order prohibiting a vexatious litigant from commencing, pro se, any new action in the courts of that circuit without first obtaining leave of the administrative judge of that circuit. Disobedience of such an order may be punished as contempt of court by the administrative judge of that circuit. Leave of court shall be granted by the administrative judge only upon a showing that the proposed action is meritorious and is not being filed for the purpose of delay or harassment. The administrative judge may condition the filing of the proposed action upon the furnishing of security as provided in this section. (5) The clerk of the court shall not file any new action by a vexatious litigant pro se unless the vexatious litigant has obtained an order from the administrative judge permitting such filing. If the clerk of the court mistakenly permits a vexatious litigant to file an action pro se in contravention of a prefiling order, any party to that action may file with the clerk and serve on the plaintiff and all other defendants a notice stating that the plaintiff is a pro se vexatious litigant subject to a prefiling order. The filing of such a notice shall automatically stay the litigation against all defendants to the action. The administrative judge shall automatically dismiss the action with prejudice within 10 days after the filing of such notice unless the plaintiff files a motion for leave to file the action. If the administrative judge Issues an order permitting the action to be filed, the defendants need not plead or otherwise respond to the complaint until 10 days after the date of service by the plaintiff, by United States mail, of a copy of the order granting leave to file the action. (6) The clerk of a court shall provide copies of all prefiling orders to the Clerk of the Florida Supreme Court, who shall maintain a registry of all vexatious litigants. (7) The relief provided under this section shall be cumulative to any other relief or remedy available to a defendant under the laws of this state and the Florida Rules of Civil Procedure, including, but not limited to, the relief provided under s. 57.105. History. --s. 1, ch. 2000-314. 'bT5-0002 •qo 'T •s--'A+o3s!H 'SOT'LS 's -japun pap!noad ja!!a-i aqj 'oj paj!w!l jou jnq 'bu!pnpu! 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Aj!anaas jsod of aap.io ue joj uo!jow a jI (p) +n'uxv+sw s nnur .iajuaD axinosag gad sutivlD lly9 i-1_lid a Improving the Public Records Act Obiective Assure that government bodies can effectively fulfill their duty to provide timely access to public records as required by law. Public Issue Abuse of the Act dilutes the very purpose of timely access to public records by overwhelming an agency's ability to comply; thereby disrupting ongoing administrative operations and clogging the courts with wasteful litigation. Goal and Caveat Reduce incentives for individual or conspiratorial abuse of the law for the purpose of harassment, intimidation, extortion, or any reason seen by the Courts as clearly opposed to the public interest. The amendments shall not abridge the rights of legitimate public persons or entities to file civil actions for perceived violations of the Public Records Act. Method Amend Section 119.12 as follows (italics): If a civil action is filed against an agency to enforce the provisions of this chapter and if 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, the reasonable costs of enforcement including reasonable attorneys' fees. The court shall have the discretion to assess and award reasonable attorneys' fees to the agency responsible, in the event of a finding that the agency acted lawfully. For Discussion A Florida Bar Board Certified State and Federal Government and Administrative Practice Attorney has suggested alternative concepts for legislative proposals: On Reciprocity: A court may assess attorney's fees against a person filing a lawsuit pursuant to the public records laws if the claim was clearly frivolous, clearly vexations, or brought primarily for purposes of harassment or other improper purposes. See, e.g. Florida False Claims Act, Sec. 68.083(2) Fla. Stat. (allowing fee -shifting for suits found to be "clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment") and Florida Administrative Procedure Act, Sec. 120.595(1)(d), Fla. Stat. (allowing fee -shifting for suits found to be for "improper purposes". On Fair Notice: A public records requestor must provide a copy of any claim for public records to the agency or contractor at least 10 days before filing suit. (See e.g., Florida Tort Claims Act Sec. 768.28(6)(A), Fla. Stat. (requiring pre - suit notice). Housekeeping: The right to request public records cannot be exercised unanimously. Each person may make one public records request each day from each Florida governmental entity, and must pay applicable actual costs or special service charges pursuant to law. PROPOSED FINE TUNING OF FLORIDA PUBLIC RECORDS ACT C,Z Overview There is a pressing need to protect municipal government from abuse of the Public Records Act for the purpose of harassment, intimidation, or personal financial gain. Smaller towns and villages are particularly vulnerable if they lack the resources to comply with excessive requests for public records in a timely manner. A Palm Beach County municipality recently settled on a large claim by a well-known public records advocate, rather that endure protracted litigation. The State's one -directional attorney's fees provision, coupled with the lack of tolerance for even a good faith error, incentivizes litigation. Case In Point The Town of Gulf Stream (pop. 800) has received over 1250 Public Records requests from two residents and their anonymous aliases, allies and associates in a little over one year. Despite extensive efforts to expand internal capabilities to respond, the sheer volume of requested information has overwhelmed a four -person administrative staff—resulting in the need to engage expensive teams of technical and professional consultants, clerical personnel, and lawyers to manage the workload --and occasionally, unintended good -faith errors occur. Frequently, the Town spends considerable time responding to records requests by generating an estimate to produce. But the deposit is never paid, and the cumulative sum of the many responses equates to a massive time waste by the public servant. Dozens of lawsuits have been filed by the protagonists claiming that a simple error, or a failure to produce records in a rapid manner, constitutes an unlawful withholding or refusal of access, as contemplated by Florida's Public Records Act. Plaintiff asks for declaratory and equitable relief. The more records that are requested, the longer it takes to produce them. Delayed response leads to filing of more lawsuits (even for a two-day turnaround) . The Town is caught in a revolving cycle with no end, and no apparent benefit to the public interest. Town taxpayers are footing the bill for this abuse. At last count, compliance with the Public Records Act and related legal issues equates to approximately one-third of ad valorem tax revenue, requiring a transfer of reserves to the General Fund for extraordinary expenses, and a large increase in property tax millage to maintain a balanced budget. Recommended Action The Town strongly supports the purpose and intent of the Public Records Act. We are simply asking the Florida League of Cities to support legislation that addresses a clear abuse without undermining the fundamental value of timely public access to agency records. The League will shortly create a list of 2015 legislative issues most likely to affect daily municipal governance and local decision making. We respectfully ask the issue of abuse of the Public Records Act be a priority issue for the Urban Administration Legislative Committee. Our attorneys will draft proposed language to be inserted into an Amended Public Records Act. In all likelihood, it will call for the right of the agency to recover legal expenses when a court determines that the agency acted lawfully (an addition to 119.12), and some form of provision allowing the governmental agency a reasonable time, commensurate with staffing capabilities, to comply with multiple public records requests without triggering the threat of a lawsuit. r lorlaa House or Kepresentatives - tits 10-i - YUbIlc Kecords/C;o... Yage 1 of 2 Wednesday, January 07, 2015 0 Home Bills Documents Representatives Leadership Committees Calendars Legislative Tracking Broadcasts Public Guide Home Bills HB 163 HB 163 - Public Records/Contractors General Bill by Beshears Public Records/Contractors: Defines term "acting on behalf of public agency'; revises definition of term "contractor"; requires that public agency contract for services include statement providing name ft telephone number of public agency's custodian of records; prescribes form of statement; revises contractual provisions in public agency contract for services regarding contractors compliance with public records laws; specifies circumstances under which court may assess Et award reasonable costs of enforcement against public agency or contractor. Effective Date: upon becoming a law Last Event: Filed on Monday, January 05, 2015 10:04 AM Related Bills Bill k Subject SB 224 Public Records/Public Agency Contracts Bill Text Oriainal Filed Version Staff Analysis (None Available) Vote History (no votes recorded) Bill History Event Time Filed Monday, January 05, 2015 10:04 AM Statutes Referenced by this Bill Member Committee Beshears Relationship Identical http://www.myfloridahouse.gov/SectionsBills/billsdetail.aspx?Bil... 1/7/2015 rage i or i TRANSPORTATION and INTERGOVERNMENTAL RELATIONS Red Light Cameras No legislation passed that preempted cities from using, installing or regulating existing red-light camera programs. Public Records SB 1648 and CS/HB 11 id not pass the legislature. The bills would have made various change to the public records laws, including requiring training of employees, restricting cost recovery for records searches, and broadening attorney fees. h http://www.floridaleagueofcities.com/Print.aspx?CNID=12801 11/20/2014 W Z W A 0 a w W x Ey c n senator slmpson - 1 tie r iorlaa senate (Post Office Box 938) Brooksville, FL 34605 (352)540-6074 Legislative Assistant Patrick Weightman Tallahassee Office 322 Senate Office Building 404 South Monroe Street Tallahassee, FL 32399-1100 (850) 487-5018 Senate VOIP: 5018 Legislative Assistant Rachel Perrin Rogers ON ,jj�rj4jL* Yage l of b 0 10 20 30 Maes Bills Introduced Introducer S 0058 Relief of C.M.H. by the Department of Children and Families Last Action: 12/3/2014 Referred to Special Master on Claim Bills; Judiciary; Appropriations Subcommittee on Health and Human Services; Appropriations S 0060 Relief of Roy Wright and Ashley Wright by the North Brevard County Hospital District Last Action: 12/3/2014 Referred to Special Master on http://www.flsenate.gov/Senators/s18 1/7/2015 senator Simpson - i he r ioncia senate Claim Bills; Judiciary; Community Affairs; Appropriations S 0218 Interception and Recording of Oral Communications Last Action: 12/30/2014 Filed rage .i of o S 0220 Commercial Motor Vehicle Review Board Last Action: 12/30/2014 Filed S 0224 Public Records/Public Agency Contracts Last Action: 1/5/2015 Filed Co -Introducer No bills co -introduced. Media Press Releases • Simpson & Beshears File Legislation to Stop Public Records Scam January 5, 2015 • Simpson Files Victim Empowerment Act of 2015 December 30, 2014 • Report Shows Natural Gas Vehicle Incentives Create 1,820 New Jobs; $68 Million in Wages October 2, 2014 • Simpson Receives Opinion from AG Bondi Regarding Private Businesses and Public Records June 19, 2014 http://www.flsenate.gov/Senators/s18 1/7/2015 Senator Simpson - The Florida Senate rage 4 or o Publications Legislative Service • Elected to the Senate in 2012, reelected subsequently Other Public Service • Pasco Hernando Community College, Board Member Honors and Awards • Farm Bureau, Legislator of the Year, 2013 • Florida Sheriffs Association, Legislative Champion, 2013 • Florida Natural Gas Association, Legislator of the Year, 2013 • Florida Forestry Association, Legislator of the Year, 2013 http://www.flsenate.gov/Senators/s18 1/7/2015 Senator Unsung ero Senator Senator Simpson's Nomination Simpson's Simpson's Newsletter: Form Newsletter: 2014 Newsletter: October 2014 [PDF] Session Update February 2014 [PDF] 6/5/2014 [PDF] [PDF] 10/3/2014 4/3/2014 2/28/2014 Personal & Career Legislative Service • Elected to the Senate in 2012, reelected subsequently Other Public Service • Pasco Hernando Community College, Board Member Honors and Awards • Farm Bureau, Legislator of the Year, 2013 • Florida Sheriffs Association, Legislative Champion, 2013 • Florida Natural Gas Association, Legislator of the Year, 2013 • Florida Forestry Association, Legislator of the Year, 2013 http://www.flsenate.gov/Senators/s18 1/7/2015 Senator Simpson - The Florida Senate rage D or o • Florida Electric Cooperatives Association, Legislator of the Year, 2013 • Associated Industries of Florida Environmental & Agricultural Sustainability Council, Champion for Business Award, 2013 • Florida Association of Counties, Legislative Leadership Award, 2013 • Florida Fruit & Vegetable Association (FFVA), Legislator of the Year, 2013 • Florida League of Cities, Legislative Appreciation Award, 2013 • Dade City Chamber of Commerce, Richard Tombrink Lifetime Achievement Award, 2011 Affiliations • Kiwanis Club of Dade City, Member • West Pasco Chamber of Commerce, Member • Hernando County Chamber of Commerce, Member • Sumter County Chamber of Commerce, Member • Premier Community Healthcare, Former Chairman • Pasco Economic Development Council, Former Chairman • East Pasco Habitat for Humanity, Former Chairman • East Pasco Boys & Girls Club, Former Chairman • San Antonio Dixie Youth Baseball League, Coach http://www.flsenate.gov/Senators/s18 1/7/2015 Senator Simpson - me rloncla senate rage b of b • Dade City Chamber of Commerce, Former Board Member • Pasco County REC, Member • Pasco County Fair Association, President • Pasco County Farm Bureau, President • Florida Farm Bureau, Past State Board of Directors Member • 2002 Leadership Pasco Graduate Biographical Information Occupation: Simpson Environmental Services, Inc.; Simpson Farms, Inc. Spouse: Kathy Shotts of Dade City, FL Children: Lauran Monbarren; Wilton, Jr. Education: Pasco Hernando Community College, A.A., 1997 Born: June 28, 1966 in Lakeland, Florida Religious Christian Affiliation: Recreation: College football Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000- 2015 State of Florida. http://www.flsenate.gov/Senators/sl8 1/7/2015 Print rage 2 or i D -Tallahassee; General Government Appropriations Subcommittee Chairman Alan Hays, R -Umatilla; Children, Families and Elder Affairs Chairwoman Eleanor Sobel, D -Hollywood; Commerce and Tourism Chairwoman Nancy Detert, R -Venice; Community Affairs Chairman Wilton Simpson, R -Trilby; Criminal Justice Chairman Greg Evers, R -Baker; PreK-12 Education Chairman John Legg, R -Lutz; Environmental Preservation and Conservation Chairman Charlie Dean, R -Inverness; Finance and Tax Chairwoman Dorothy Hukill, R -Port Orange; Government Oversight and Accountability Chairman Jeremy Ring, D -Margate; Health Policy Chairman Aaron Bean, R -Fernandina Beach; Military and Veterans Affairs, Space, and Domestic Security Chairman Thad Altman, R -Rockledge, and Transportation Chairman Jeff Brandes, R -St. Petersburg. Legg's role will be slightly different after he chaired a committee last year that considered all education bills. The Senate will now go back to having a committee that focuses on PreK-12 education, headed by Legg, and a reconstituted Higher Education Committee, chaired by Sen. Kelli Stargel, R -Lakeland. The broadest changes to committee leadership will happen in the budget process. Sen. Joe Negron, a Stuart Republican locked in a battle for the Senate presidency beginning in 2016, will go from chairman of the full Senate Appropriations Committee to overseeing a subcommittee dealing with civil and criminal justice spending. Negron will replace Sen. Rob Bradley, R -Fleming Island. The full Appropriations Committee will be chaired by Sen. Tom Lee, R -Brandon, something that Gardiner had already announced. Sen. Jack Latvala, a Clearwater Republican who is Negron's rival for the future presidency, will chair the appropriations subcommittee dealing with transportation and education development. Gardiner had chaired that panel last year. Meanwhile, Sen. Don Gaetz, a Niceville Republican who served the past two years as president, will take over the gavel in the Senate Education Appropriations Subcommittee, formerly headed by Sen. Bill Galvano, a Bradenton Republican who is now Senate majority leader. Sen. Rene Garcia, R -Hialeah, will take over the chairmanship of the Health and Human Services Appropriations Subcommittee from Sen. Denise Grimsley, R -Sebring. Grimsley will instead chair the Communications, Energy and Public Utilities https:Hus-mg205.mail.yahoo.com/neo/launch?.partner--sbc&.ran... 12/4/2014 rant rage 3 or j Committee --- taking over from Sen. Anitere Flores, R -Miami, who will chair the new Fiscal Policy Committee. Sen. Garrett Richter, R -Naples, will chair the Senate Ethics and Elections Committee, following Latvala's departure from the post. Sen. Miguel Diaz de la Portilla, R -Miami, will replace Lee as chairman of the Senate Judiciary Committee, while Bradley will take over the Senate Regulated Industries Committee from Stargel. As announced by Gardiner last month, Sen. David Simmons, R -Altamonte Springs, will chair the Senate Rules Committee. Former Sen. John Thrasher, who had chaired that committee in the last Senate term, left the chamber to become president of his alma mater, Florida State University. -END- 12/3/14 ©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. Involved, invested, or interested in Florida politics? Buy your copy of the Political Almanac of Florida 2014 by David Royse today! Independent and Indispensable hftp://www.newsserviceflorida.com https://us-mg205.mait.yahoo. com/neo/launch?.partner=sbc&.ran... 12/4/2014 The Economist August 8th 2015 Bosses' pay Who gets what? NEW YORK Tbepolitics of remuneration and envy FIGHTS over splitting the loot have gone on for as long as there has been loot to split. In America, those brawls are now part of the remit of the Securities and Ex- change Commission (sec). Afterheated ar- guments and a vote that passed by three ballots to two, on August 5th the sac ap- proved riles (themselves tied to provi- sions in the Dodd -Frank act of 2(ro that overhauled financial regulation) which will require public companies to publish the ratio of their chief executive's pay to that of their median eamer, starting in 2017. "Th say that the views on the pay -ratio disclosure requirement are divisive is an obvious understatement," acknowledged Mary Jo White, who chairs the SEC. A mind-boggling 287,400 letters comment- ing on the proposals were sent. In a reflec- tion of how the issue had become the sub- ject of an organised political campaign, onlyr,5oo of these were unique. Shareholders have an interest in com- pensation, in as much as it is a significant cost under management control. Pay there- fore raises issues of "agency" that arise from the delegation of power by share- holders to bosses. That, at least, is the pre- text for squeezing the issue into the sec's jurisdiction under its authority to protect investors. The reality is that the proposal was included in Dodd -Frank after lobby- ing by trade unions aiming to shame bosses into paying themselves less and lowlierworkers more. Abroader debate on inequality has added to the momentum. Commissioners supporting the rule said they had no choice but to put into ef- fect the provisionsofDocid-Frank; and that the rule would provide valuable informa- tion that could be used for the "say -on - pay" provisions permitted in proxy votes, as well as generating insights into a com- pany's governance and health. It will al- low investors to see, says Commissioner Kara Stein, "how a company manages hu- man capital". Dissenters characterised the vote as a capitulation to interest groups who have no interest in protecting investors nor, for that matter, orderly markets and capital formation (the sac's other goals). Critics reckon that the information will be expen- sive to collate (an unpersuasive atgumenO and unhelpful in identifying corporate ex- cess (a more convincing one). An invest- ment bank, where pay is generally high, may appear far more egalitarian than, say, a cleaning company with predominantly Iran's carindustry Snapping into gear CARO Carmakers will profit from a deal on Iran's nuclearprogramme TEHRAN'S clogged streets hint at one ndustry poised to profit from the lifting of some sanctions on Iran after a deal to curb its nuclear programme. Foreign manufacturers are set for a race into Iran to take advantage of a car -hun- gry population of nearly 8om.Its huge domestic market is the largest in the Middle East afterEgypt's. The timing of Iran's re -opening is a boon for the world's big carmakers. Sales in America are at or near a peak and Europe's rapid rebound may be coming to an end. Meanwhile big emerging markets such as China and Brazil are slumping. Sanctions hit Iran hard. Vehicle sales, which hit a peak ofr.6m in lou, halved by 2013 as sanctions tightened. Then, as relations thawed, the market grew steadily again. It should surpass r.3m vehicles this year before bouncing back to 3.6m by 2m6, according to Ies, a consulting firm. French carmakers, once the market leaders in Iran, are seeking to re-establish their grip. PSA Peugeot Citroen, which alone accounted for around a third of sales in lou, and Renault are well-placed, given their pre -sanctions presence, tojoin forces with the domestic carmakers that Business 55 now account for most sales. Indeed Peugeot has agreed to restart production with Iran Khodm, its former partner. Renault is discussing buying a minority stake or factories from Pars Khodro, an- other local firm. French government ministers, never shy to press the case of domestic firms abroad, have rushed to Tehran to smooth the way. They will have their work cut out. The Iranian government is displeased with France's hardline stance over the nuclear deal. Peugeot's rapid exit from the coun- try in 2012, afterjoining an alliance with General Motors, still rankles. That could leave the door ajar for Chinese carmak- ers, which have set up a network of importers despite the sanctions. But Chinese models have a well-earned reputation for poor quality. Competition from other carmakers will be intense, too. Iran is an inviting country—and not just forsales. European firms in search of low-cost production invested first in Spain, then Eastern Eu- rope and have now turned to north Africa. Peugeot has a new plant in Moroc- co, Renault has set up in Algeria. it will take a while but Iran, a promising market in a fast-growing region, could be next. We need more cars low -paid staff and a modestly -paid boss. As well as the battles over principle, there were grittier fights over how the data would be derived. The final version of the rules seems riddled with potential loop- holes. Companies will be able to use statis- tical sampling to derive median pay. Firms will also be allowed to exclude 5% of non - American employees. Allowances will be made for differing costs of living in foreign countries and for countries banning the collection of data. Meanwhile, foreign, private and even some publicly -listed American companies will be exempt. The AFL -oro, America's labour federa- tion, said the new rules would "shame" firms into cutting bosses' pay. Not every- one agrees on the likely losers. "The real- world effects, if any," says James Copland of the Manhattan Institute, a think-tank "will be for managers of public companies tooffloadlower-cost employees." ■