HomeMy Public PortalAboutPRR 24-3004
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JAMES K. GREEN, P.A.
LAWYERS FLAGLER CENTER, SUITE 306
501 SOUTH FLAGLER DRIVE
JAMES K. GREEN WEST PALM BEACH, FLORIDA 33401
NINA M. ZOLLO 561.659.2029
ANNE F. O’BERRY jkg@jameskgreenlaw.com
April 25, 2024
Via email to rbasel@gulf-stream.org
Renee Basel
Town Clerk
100 Sea Road
Gulf Stream, FL 33483
ATTN: RECORDS CUSTODIAN
RE: Public Records Request for the Town’s policies and fair housing records
Dear Sir or Madam:
This is a formal request pursuant to Chapter 119, Florida Statutes, on behalf of
Bhavin Shah, to allow inspection and copying of the following public records:
1. All policies, practices, and procedures for code enforcement fine
reductions by the Town in effect on or after January 1, 2010.
2. All records regarding code enforcement violations that resulted in code
enforcement fines where the fines imposed were less than the maximum
authorized by state law or Town ordinance reductions since January 1,
2010.
3. Please provide all documents, and indicate the source of each document,
provided to or created by the Town from January 1, 1990 to present, that
relate to the implementation of the Fair Housing Amendments Act.
4. Please provide all documents relating to any communication that indicate
the steps taken by the Town to implement and further the Federal Fair
Housing Amendments Act.
5. Please provide all documents that relate to any rules, regulations, policies,
procedures, instructions, directions, guidelines or practices, whether
formal or informal (including documents that refer to or relate to any
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concerns that may have led to the creation of, or any basis, justification
or purpose for, such rule, regulation, policy procedure, guideline or
practice), followed or to be followed by the Town relating to compliance
with the Fair Housing Act Amendments of 1988, the Civil Rights Act of
1866, applicable state fair housing act or any other applicable law or
regulation, concerning fair housing and/or housing discrimination or
discrimination on the basis of disability. Include in this request all
certifications made to the United States Department of Housing and
Urban Development that the Town is in compliance with the Federal Fair
Housing Act.
6. Demographic data for the Town reported by the Town to any
governmental agency since January 1, 2009 as to race and ethnicity.
Records Are by Law Open to Inspection
Florida’s Public Records Law expresses the state’s policy that all state records be
available at all times for inspection by any person. In accordance with the Public Records
Law, we would like the requested records to be made available to us immediately. If, for
any reason, any of the requested records will not be made available to us immediately,
please advise me in writing as soon as possible. My email address is
jkg@jameskgreenlaw.com.
Citation Is Required for Any Exemption Claimed and Reasons Must Be Given
for Claiming Any Exemption
Subsection 119.07(1)(e), Florida Statutes further provides that if the person who has
custody of a public record contends that the record or part of it is exempt from inspection,
such person must state the basis for the exemption which the person contends is applicable
to the record, including the statutory citation to an exemption created or afforded by statute.
Additionally, subsection 119.07(1)(f) provides that, if requested by the person seeking to
copy or inspect the record, the person who has custody of the public record must state in
writing and with particularity the reasons for his conclusion that the record is exempt. We
hereby request that any person claiming an exemption state in writing both the statutory
citation for any exemption deemed applicable to any requested record and the specific
reasons for a conclusion that any requested record is exempt.
All portions of Nonexempt Records Must Be Made Available
Subsection 119.07(1)(d), Florida Statutes, as amended, provides that a person who
has custody of a public record and who asserts that an exemption applies to a particular
public record or part of such record shall delete or excise from the record only that portion
of the record with respect to which an exemption has been asserted and validly applies, and
such person shall produce the remainder of such record for inspection and copying.
Destruction of Any of the Requested Records is Prohibited
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Also, please note that Section 119.07(1)(h) prohibits the destruction of any of the
requested records, including any which you claim are exempt, for a period of 30 days after
the date on which you receive this written request. If a civil action is instituted to enforce
the Public Records Law with respect to the requested records within the 30-day period, you
may not dispose of the records except by court order after notice to all affected parties.
Definitions
As used herein, the term “relating to” is used in the broadest possible sense and
means and includes describing, explaining, analyzing, encompassing, including,
containing, embodying, comprising, identifying, constituting, verifying, reflecting,
referring to, containing reference to, contradicting, refuting, evidencing, dealing with,
commenting on, responding to, supplementing, and/or supporting. The word “relating” is
defined to include the common meaning of those terms, and shall include indirect as well
as direct references to, description of or commentary on the subject matter set forth in this
Request.
The word “documents” is used in the broadest possible sense, and means and
includes all written, recorded, or graphic matters, however produced or reproduced,
including computer files, tapes, disks or diskettes and computer generated reports, whether
or not privileged, pertaining in any way to the subject matters of this Request. This
definition includes, but is not limited to, any and all originals, copies, or drafts of any and
all of the following which are in the possession, custody and control of any Town official,
employee, agent or representative: records, notes, messages, phone messages, summaries,
schedules, contracts or agreements; plans, drawings, maps, specifications, invoices,
proposals, quotations, orders or acknowledgments; diaries or desk, pocket or other
calendars; reports, forecasts, financing statements, instruments, financial statements, books
of account, ledgers, journals, accounting or other work papers; charts, schedules,
tabulations or appraisals; memorandum, letters, e-mails, telegrams, telexes, or cables
prepared, drafted, received or sent; tapes, transcripts or recordings; photographs, pictures
or films; or any other graphic recorded or written material of any nature whatsoever.
“Document” shall be deemed to include any summary of a document of documents
requested.
The word “communications” means any transfer of information regardless of means
of communication, including but not limited to, those by oral, written, electronic,
photographic or other means, and includes any record or memorialization of the
communication by any means whatsoever.
Please be advised that this Public Records Request is intended to be as broad and
inclusive as permitted by law and is intended to apply to all officers, officials, employees,
departments, divisions, bureaus, commissions, Commissions, and any other private
agency, person, partnership, corporation or business entity acting on behalf of, or with the
knowledge of, the Town, including but not limited to any and all members of the Town
Commission, the Mayor, Deputy Mayor, the Clerk of the Town and/or Town Commission,
any and all members of any public body of the Town, the Town Manager and his staff, the
Assistant Town Managers and their staff, all other Town staff, the Town Attorney and his
staff, and all other attorneys working for the Town.
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Please Investigate this Request to Ensure Full Compliance
In accordance with state law and in furtherance of compliance with our Public
Records Request, we ask that the custodians of the records hereby requested make an
investigation of this Request to ensure full compliance with all applicable provisions of
Chapter 119, Florida Statutes, as amended.
We Will Compensate the Town for Duplication Costs Incurred
We agree to compensate the Town for the cost of producing or duplicating any of
the records of which we request duplication, as provided by law. We request that the
records be produced in electronic form. Upon locating the requested documents, please
email them to me. Please contact me prior to photocopying or scanning any documents that
are not currently in electronic form and advise me of the actual costs of duplication or
scanning or any necessary staff research time and I will be happy to forward a check for
same.
If you have any questions, please do not hesitate to contact me. Your immediate
attention to these matters is greatly appreciated. Thank you for your assistance.
Sincerely,
/s/ James K. Green
James K. Green
JKG/kr
cc. Trey Nazzaro, Esq. via email: tnazzaro@gulf-stream.org
Davis & Associates, P.A.
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
April 25, 2024
James K. Green [e-mail to: jkg@jameskgreenlaw.com]
Re: GS #3004 (Policies and Fair Housing Records)
Dear James K. Green [e-mail to: jkg@jameskgreenlaw.com]:
This is a formal request pursuant to Chapter 119, Florida Statutes, on behalf of Bhavin
Shah, to allow inspection and copying of the following public records:
1. All policies, practices, and procedures for code enforcement fine reductions by the Town
in effect on or after January 1, 2010.
2. All records regarding code enforcement violations that resulted in code enforcement
fines where the fines imposed were less than the maximum authorized by state law or Town
ordinance reductions since January 1, 2010.
3. Please provide all documents, and indicate the source of each document, provided to or
created by the Town from January 1, 1990, to present, that relate to the implementation of the Fair
Housing Amendments Act.
4. Please provide all documents relating to any communication that indicate the steps taken
by the Town to implement and further the Federal Fair Housing Amendments Act.
5. Please provide all documents that relate to any rules, regulations, policies, procedures,
instructions, directions, guidelines or practices, whether formal or informal (including documents
that refer to or relate to an concerns that may have led to the creation of, or any basis, justification
or purpose for, such rule, regulation, policy procedure, guideline or practice), followed or to be
followed by the Town relating to compliance with the Fair Housing Act Amendments of 1988, the
Civil Rights Act of 1866, applicable state fair housing act or any other applicable law or
regulation, concerning fair housing and/or housing discrimination or discrimination on the basis
of disability. Include in this request all certifications made to the United States Depart ment of
Housing and Urban Development that the Town is in compliance with the Federal Fair Housing
Act.
6. Demographic data for the Town reported by the Town to any governmental agency since
January 1, 2009, as to race and ethnicity.
The Town of Gulf Stream has received your public records request dated April 25, 2024. The
original public records request can be found at the following link:
PRR 24-3004 (laserfiche.com)
The Town will use its very best efforts to respond to you in a reasonable amount of time with the
appropriate response or an estimated cost to respond.
Sincerely,
Reneé R. Basel, MMC
Reneé R. Basel, MMC
Town Clerk, Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
May 24, 2024
James K. Green [e-mail to: jkg@jameskgreenlaw.com]
Re: GS #3004 (Policies and Fair Housing Records)
Dear James K. Green [e-mail to: jkg@jameskgreenlaw.com]:
This is a formal request pursuant to Chapter 119, Florida Statutes, on behalf of Bhavin
Shah, to allow inspection and copying of the following public records:
1. All policies, practices, and procedures for code enforcement fine reductions by the Town
in effect on or after January 1, 2010.
2. All records regarding code enforcement violations that resulted in code enforcement
fines where the fines imposed were less than the maximum authorized by state law or Town
ordinance reductions since January 1, 2010.
3. Please provide all documents, and indicate the source of each document, provided to or
created by the Town from January 1, 1990, to present, that relate to the implementation of the Fair
Housing Amendments Act.
4. Please provide all documents relating to any communication that indicate the steps taken
by the Town to implement and further the Federal Fair Housing Amendments Act.
5. Please provide all documents that relate to any rules, regulations, policies, procedures,
instructions, directions, guidelines or practices, whether formal or informal (including documents
that refer to or relate to an concerns that may have led to the creation of, or any basis, justification
or purpose for, such rule, regulation, policy procedure, guideline or practice), followed or to be
followed by the Town relating to compliance with the Fair Housing Act Amendments of 1988, the
Civil Rights Act of 1866, applicable state fair housing act or any other applicable law or
regulation, concerning fair housing and/or housing discrimination or discrimination on the basis
of disability. Include in this request all certifications made to the United States Depart ment of
Housing and Urban Development that the Town is in compliance with the Federal Fair Housing
Act.
6. Demographic data for the Town reported by the Town to any governmental agency since
January 1, 2009, as to race and ethnicity.
The Town of Gulf Stream has received your public records request dated April 25, 2024. The
original public records request can be found at the following link:
PRR 24-3004 (laserfiche.com)
The Town now estimates that to fully respond to your request will require approximately one and
a half hours of administrative support at $130.00 per hour, the labor cost of the personnel
providing the service, per Fla. Stat. § 119.07(4)(d). If the costs of producing these documents
exceed your deposit, the Town will provide you with an initial production of responsive records
and an estimate for the production of any additional responsive records. If the costs of production
are less than the deposit, the Town will provide you with the responsive records and a refund.
(1.5 hours @ $130.00) = Deposit Due: $195.00 in cash or check.
Sincerely,
Reneé R. Basel, MMC
Reneé R. Basel, MMC
Town Clerk, Custodian of the Records