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Home My Public Portal About2014CA010216 AF (8/21/14)* * ** CASE NUMBER: 2014CA010216 DIVISION: AF * * ** Filing # 17271612 Electronically Filed 08/19/2014 04:04:23 PM ASSET ENHANCEMENT, INC., Plaintiff, V. TOWN OF GULF STREAM, Defendant. THE STATE OF FLORIDA To each Sheriff of the State: IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: SUMMONS �t -41/101 YOU ARE COMMANDED to serve this summons and a copy of the complaint in this law suit on defendant: Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Each defendant is required to serve written defenses to the complaint or petition on Verhonda Williams, Plaintiff's attorney, whose address is 1286 West Newport Center Drive, Deerfield Beach, Florida 33442, within twenty (20) days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on plaintiffs attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against the defendant for the relief demanded in the complaint or petition. AUG 212014 Clerk of the Court The O'Boyle Law Firm P.C. Attorneys for the Plaintiff 1286 West Newport Center Drive Deerfield Beach, Florida 33442 Telephone: (954) 574 -6885 Facsimile: (954) 360 -0807 oboylecourtdocs(@oboyielawfirm.com vwilliams@oboylelawfirm.com Lauren Huyett SHARON R. BOCK Clerk & Comptroller P.O. Box 4667 West Palm Beach, Florida 33402 -4667 ASSET ENHANCEMENT, INC., Plaintiff, V. TOWN OF GULF STREAM, Defendant. IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: aQ I q Lqo COMPLAINT TO ENFORCE FLORIDA'S PUBLIC RECORDS ACT The Plaintiff, ASSET ENHANCEMENT, INC., ( "Plaintiff'), by and through the undersigned counsel, hereby sues the TOWN OF GULF STEREAM ( "Defendant ") and states: 1. This action concerns the Defendant's violation of Plaintiff's civil rights pursuant to Article I, § 24 of the Florida Constitution and Chapter 119, Florida Statutes, (the "Public Records Act "). 2. This action seeks declaratory and equitable relief. 3. Specifically, Plaintiff seeks an order declaring the Defendant to be in breach of its constitutional and statutory duty to permit access to public records, and compelling the Defendant to provide access to the requested public records, and awarding Plaintiff attorney's fees and costs. PARTIES, JURISDICTION AND VENUE 4. Asset Enhancement, Inc. ( "Plaintiff') is a Florida corporation, registered to do business in Florida, and at all times relevant hereto was entitled to the inspection and copying of public records pursuant to the provisions of Chapter 119, Florida Statutes and Art. I, § 24 of the 14 -00418 Pagel Florida Constitution. 5. Defendant is at all times relevant hereto an "agency" as that term is defined in §119.011(2), Fla. Stat. 6. This Court has subject matter jurisdiction pursuant to Article V, § 5(b) of the Florida Constitution, and §119.11, Fla. Stat. 7. This Court is the appropriate venue for the vindication of the Plaintiff s civil rights because the Defendant's principal place of business is located in Palm Beach County. 8. All conditions precedent to this action have occurred or have been excused or waived. COUNT I — UNLAWFUL WITHHOLDING OF PUBLIC RECORDS 9. Defendant, as an agency defined in §119.011(2), Fla. Stat. owes a duty to allow access to any person to all public records within its control pursuant to Fla. Stat. § 119.01(1) unless specifically exempted by the Florida Constitution. 10. Defendant violated its duty when it refused to provide Plaintiff with complete un- redacted copies of the requested records in violation of Article I, §24 of the Florida Constitution, §I 19.07(1)(a), Fla. Stat. and well - established case law. 11. The records Plaintiff requested and the information contained therein, are not exempted under Florida's Public Records Act. 12. On or about April 4, 2014 Plaintiff submitted a Public Records Request via email to Defendant under the provisions of Chapter 119, Florida Statutes. 13. Plaintiff made a public records request (the "Request ") for "provide a copy of all billings and payments from and to the law firm ofSweetapple, Broeker and Parkas, P.L. (including Robert Sweetapple, singularly) for the billing period July 2014" which is attached hereto and incorporated herein as Exhibit A. 14 -00418 Paget 14. The Request asked for public records as that term is used and defined in Chapter 119, Florida Statutes, including § 119.011(12) Fla. Stat. and Art. I, § 24(a) of the Florida Constitution. 15. Defendant has failed to provide a complete response to this request in a legally sufficient manner. 16. Defendant has responded to Plaintiffs record request with a document containing several redactions. See Exhibit B. 17. Some if not all of the information redacted by the Defendant is neither exempt nor confidential. 18. Defendant, as an agency defined in § 119.011(2), Fla. Stat. owes a duty to allow access to any person to all public records within its control pursuant to Fla. Stat. § 119.01(1) unless specifically exempted by the Florida Constitution. 19. Defendant violated its duty when it refused to provide Plaintiff with un- redacted copies of the requested records in violation of Article I, §24 of the Florida Constitution, §I 19.07(1)(a), Fla. Stat. and well - established case law. 20. The records Plaintiff requested are not exempted under Florida's Public Records Act. 21. Defendant's refusal constitutes an unlawful withholding or refusal of access as contemplated by Florida's Public Records Law. 22. The denial of public records constitutes an irreparable harm and Defendant's conduct suggests a likelihood of future harm. COUNT II — AUTOMATIC DELAY 23. Defendant received the public record request on or about August 4, 2014. See Exhibit A. 24. Defendant responded on August 5, 2014 acknowledging receipt of the Plaintiffs' 14 -00418 Page 3 i public records request. See Exhibit C. 25. Defendant again responded on August 7, 2014 stating that the responsive document would be provided within three business days. See Exhibit D. 26. Defendant finally responded to Plaintiffs' public record request on August 12, 2014. 27. Defendant's above described delays functioned as an automatic delay with respect to Plaintiff's access to the requested public records and have no basis in the law. 28. Defendant's imposition of an automatic delay constitutes a denial of access to public records in violation of the Public Records Act. 29. The delay is unreasonable and unlawful. RELIEF REQUESTED WHEREFORE, Plaintiff prays this Court: (a) Set an immediate hearing pursuant to § 119.11, Florida Statutes; (b) Declare that the Defendant's failure to provide Plaintiff with access to the requested public records was unconstitutional and unlawful under Article I, § 24 of the Florida Constitution and the Public Records Act; (c) Order the Defendant to allow the inspection, copying and photographing of the requested records; (d) Enjoin the Defendant from denying access to records which are subject to the Public Records Act: (e) Award Plaintiff its reasonable attorney's fees, costs, and expenses incurred in this action, as provided in § 119.12, Florida Statutes; and (f) Grant such further relief as the Court deems proper including but not limited to 14 -00418 Page 4 r r findings of fact and law that would trigger the unilateral cancellation provision for failure to comply with Chapter 119, Fla. Stat. Respectfully submitted, Dated: August 2014 THE O'BOYLE LAW FIRM, P.C. Attorneys for Plaintiff 1286 West Newport Center Drive Deerfield Beach, FL 33442 Telephone: (754) 212 -4201 Facsimile: (754) 212 -2444 For Service of Court Documents: obovlecourtdocs (a),obovlelawfirm.com By: /s/ Verhonda Williams Verhonda Williams, Esq. Florida Bar #0092607 gmesana,obovlelawfirm.com 14 -00418 Page 5 Exhibit A RECORDS REQUEST (the "Request ") Date of Request: $/4/2014 Requester's Request ID #: 764 REQUESTEE: Custodian of Records Town of Gulfstream REQUESTOR: Asset Enhancement, Inc. REQUESTOR'S CONTACT INFORMATION: E -Mail: records @commerce- group.com Fax: 954- 360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Provide a copy of all billings and payments from and to the law firm of Sweetapple. Broeker and Varkas P L (including Robert Sweetapple singularly) for the billing period July 2014. ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST IS MADE PURSUANT TO PUBLIC RECORDS ACT, CHAPTER 119 OF THE FLORIDA STATUTES AND IS ALSO REQUESTED UNDER THE COMMON LAW RIGHT TO KNOW, THE COMMON LAW RIGHT OF ACCESS; AND ANY STATUTORY RIGHT TO KNOW (INCLUDING, WITHOUT LIMITATION, ANY STATUTORY RIGHT OF ACCESS, AS APPLICABLE). THIS REQUEST IS ALSO MADE PURSUANT TO THE RIGHTS OF THE REQUESTOR PROVIDED IN THE FLORIDA CONSTITUTION. IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED IN ELECTRONIC FORM. IF NOT AVAILABLE IN ELECTRONIC FORM IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER NOTE- IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E -MAIL DELIVERY PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requestor approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any costs imposed to the Requestor by the Agency. I:P/NPR/FRR 04.22.13 FORM Exhibit B TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via email August 12, 2014 Asset Enhancement, Inc. [mail to: records @commerce- group.com] Re: GS #1245 (764) Provide a copy of all billings and payments from and to the law firm ofSweetapple, Broeker, and Varkas, P.L. (including Robert Sweetapple, singularly) for the billing period July 2014. Dear Asset Enhancement, Inc. [mail to: records @commerce - group.com], This letter is attached to an email that provides you with the responsive production of the public records requested in your email dated August 4, 2014. You are notified that certain information in the billing of July 2014 has been withheld as exempt pursuant to Fla. Stat. § 119.071(1)(d). We consider this matter closed. Sincerely, Town Clerk Custodian of the Records JUL :?H 1..014 Nvii of Gulfstream, FL. Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Sweetapple, Broelier, Varkas, P.L. 20 South Bast 3rd. Street Boca Raton, FL 33432 Telephone: (561)392-1230 Fax: (561)394-6102 Client Number: 00949 Town of GulfStrearn MatterNumber: 1679 O'Boyle vs. Town of Gulf Stream i ror Services Rendered Through 7/25/2014. S C+�ock Fees Dnte Tn. tlinr Description P.. PA July 25, 2014 Invoice No. 10169 t3.1l.t= S 9 RI dT APPROVED,4 Y 06/227/2014 AV Research: Hours Amount (read and summarize case law, treatise and rules); 1.75 5612.50 Revise Motion for O'Boyle, attorney and son's law firm (include memo of law). 06/30/2014 RS Review and revise; Review case late 0.75 $262.50 061302014 AV Westlaw search 1) and summarize ca c a v , (read 1.50 $525.00 07/02/2014 RS Conference with Scott; Work on files. 0.40 5140.00 07/02)2014 RS Conference with Scott; Conference with Joanne. 0.40 $140.00 07/02/2014 AV Westlaw search: (rend and summarize cases); Conference with R. SWeetapple and Joanne 0.75 $262.50 O'Connor. 07/022014 RS Conference with A. Varkas; Conference with Joanne; Review, revise notice; Revise Motion; Review additional case law. 1.50 S525.00 07/04/2014 RS Conference With Joanne; Conference with client; Conference with A. Varkas and Ball. 0.80 5280.00 07/06/2014 RS Work on strategy; Outline projects; Conference with Scott; Review email; New case exhibits; Conference with Joanne and 1.75 5612.50 Scott. Continued On Nest Page Client Number: 00949 Matter Number: 1679 07/25/2014 Page: 2 07/06/2014 RS Conference with Witness; Conference with witness counsel. 07/062014 RS Conference with Scott-, Receive and 0.30 5105.00 review cases and documents; Work on claim. 1.50 $525.00 07/082014 RS Conference regarding witness interview, affidavit and deposition. 0.40 07/082014 RS Conference with Ken; Conference with attorney. 5140.00 07/09/2014 RS Conferences with client and Joanne; 0.70 � 5 - 45.00 Witness interview. 0.70 $245.00 07/1012014 RS Conference with Joanne and witness. 07/11/2014 RS Receive and review emails; Prepare 0.40 $140.00 response; Review materials Conference with client 1'60 $560.00 Joanne regarding deposition. Deposition preparation. (Date 07/10). 07/14/2014 RS Receive and review emails; Conference will, witness regarding deposition; Conference will, client. 1.25 5497.50 07/152014 AV Westlaw and statute search: Objection to O'Beyles witness subpoena in R. SWeetapple (read and summarize statute and rule). 0.50 5175.00 07/16/2014 RS Review evidence; Outline issues; Prepare for conference; Conference will, client. (Date 07/15). 2.75 5962.50 07/162014 AV Westlaw search _ (read and summarize case law for R. Sweetapple). 1'50 5525.00 07/17/2014 RS Prepare Travel and attend hearings; Motion with two different co- counsels regarding new claim; Interview witness; Conference 5.00 $1,750.00 with third co- counsel; Conference with client; Prepare letter; Conference with apposing counsel. 07212014 RS Conference will, client and co- counsel; Prepare for meeting. 0.70 07/21/2014 AV Review Motion for Protective Order $245.00 /Objection to R. Sweetapple deposition daces tecum (Mr. O'Boyle's subpoena). 0.25 $87.50 07/22/2014 RS Conference will, client and opposing counsel; Prepare for meeting; Review 2.00 cases provided; Receive and review subpoena; Conference 5700.00 regarding_ 0722/2014 RS Prepare for meeting; Outline questions and chronology. (Evening). 1.75 $612.50 07/23/2014 RS Prepare and travel; Meeting and statement of witness: Conference 13.50 $4,725.00 07/24/2014 RS Work on 07/24/2014 RS Travel and attend meeting will, 1.50 5525.00 opposing counsel and Joanne; Conferences wit], Scott. 2.00 S700.00 07/242014 RS Work on Motion forte 0.30 5105.00 Co„tinued On Next Page Client Number: 00949 Matter Number: 1 679 07/25/2014 Page: 3 07/24/2014 RS Conference with Bill Trusher; Conference with Scott Morgan; 1.20 5420.00 Conference with Dave regarding research; Conference with_ �rcgnrdijjg_ Conference with_regarding 07/25/2014 RS Assemble evidence; Receive and review motion for Summary judgment filed by Martin; Receive and review emails; Conference 1.75 $012.50 with co- counsel. Billable Hours /Fees: 51.15 517,902.50 Prior Balance: 515,125.57 Payments Received: (515,125.57) Last Payment: 07/14/2014 Current Fees: $17,902.50 Advanced Costs; 50.00 TOTAL AMOUNT DUr: 5 j; p l r' l C S PLEASE REMIT TO: SWEETAPPLE. BROEIGER & VARI{AS. P.L. 3rd. PLEASE INDICATE INVOICE NUMB R ON O CHECIC 3THANIC YOU! TO.WWOF GULF STREAM OPERATING ACCOUNT' - TO: SWEETAPPLE, 13ROCKER S VARKAS, P.L. - - 0111- 53110- 513- Ih'Lcgnl Sur" es - Admin T.ON i :L SUNTRUST BANK 630 Ct631.. 74Ti7SxRSEx2 - _�x c.c.. ��RAuo 12169 , IisJ ARMOR' CHECK DATE ,CHECK NO. 7/2912014 CHECKAMDJ F169 f V* 179n9 Fn Exhibit C TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail August 5, 2014 Asset Enhancement, Inc. [mail to: records @commerce- group.com] Re: GS #1245 Provide a copy of all billings and payments from and to the law firm of Sweetapple, Broeker, and Parkas, P.L. (including Robert Sweetapple, singularly) for the billing period July 2014. Dear Asset Enhancement, Inc. [mail to: records @commerce- group.com], The Town of Gulf Stream received your public records request on August 4, 2014. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. In future correspondence, please refer to this public records request by the above referenced number. The Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to further respond to your public records request in a reasonable amount of time. Sincerely, Town Clerk Exhibit D TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via email August 7, 2014 Asset Enhancement, Inc. [Mail to: records @commerce- group.com] Re: GS# 1245 (764) Provide a copy of all billings and payments from and to the law firm of Sweetapple, Broeker, and Varkas, P.L. (including Robert Sweetapple, singularly) for the billing period July 2014, Dear Asset Enhancement, Inc. [Mail to: records @commerce- group.com], Please disregard the previous letter that was sent out today (August 7, 2014). 1 was not aware that a billing was received. We will get the responsive document to you within 3 business days. The Town of Gulf Stream apologizes for this oversight. Sincerely, Town Clerk Custodian of the Records