HomeMy Public PortalAboutPRR 14-1543RECORDS REQUEST (the "Request ")
Date of Request: 10/2/2014
Requester's Request ID#:
916
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR: Denise DeMartini
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 all writings, Complaints, Answers, Pleadings, memos, letters and notes which
mention the name Citizens Awareness Foundation or CAF).
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 Requester 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 Requester by the Agency.
I:P/NPR/FRR
09.12.14 FORM
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
October 20, 2014
Denise DeMartini [mail to: records @commerce- group.com]
Re: GS #1543 (916)
Provide all writings, complaints, answers, pleadings, memos, letters and notes which mention the
name Citizens Awareness Foundation or CAFI.
Dear Denise DeMartini [mail to: recordsna,commerce- sroup.coml,
The Town of Gulf Stream received your public records request on October 2, 2014. If your
request was received in writing, then the request can be found at the following links:
http: / /www2.aulf- stream. ors/ WebLink8 /0 /doc /22831/Paeel.aspx. If your request was verbal,
then the description of your public records request is set forth in the italics above. 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
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
April 28, 2015
Denise DeMartini [mail to: records(a)commerce- group.coml,
Re: GS #1543 (916)
Provide all writings, complaints, answers, pleadings, memos, letters and notes which mention the
name Citizens Awareness Foundation or CAFI.
Dear Denise DeMartini [mail to: records(a commerce- eroup.coml,
The Town of Gulf Stream received your public records requests on October 2, 2014. You should
be able to view your original requests at the following link http://www2.guIf-
stream.ore/WebLink8 /0 /doc /22831 /Paeel.aspx. In future correspondence, please refer to this
public records request by the above referenced numbers.
As you are well aware, prior to the time that this request was made, at least three lawsuits had been
filed by Citizens Awareness Foundation, Inc. ( "CAFI ") against the Town of Gulf Stream:
• Citizens Awareness Foundation, Inc. v. Gulf Stream, Case NO.2014CA003396X)CXXMB
AB (dismissed 4/25/14)
• Citizens Awareness Foundation, Inc. v. Gulf Stream and Brannon & Gillespie, LLC, Case
No. 2014CA006112XX3CXMB AG (pending)
• Citizens Awareness Foundation, Inc. v. Gulf Stream, Case No. 2014CA00636OXXXXMB
AN (pending)
In addition, as of the time your request was made, CAFI had made dozens of public records
requests to the Town. Those public records requests and the responses thereto are available on the
Town's website at www.eulf- stream.org, click on "I Want To... ", click on "Find a Town Record ",
click on "Public Records Requests ", click on any year of "2013" through "2015 ", then you can go
to the listing of "Public Records Request Log" or the actual requests at "Public Records Requests
(of whichever year you are in)"
Your request is not only extremely broad ( "all writings, complaints, answers, pleadings, memos,
letters and notes "), it encompasses internal communications and memoranda shared with the
Town's attorney in the course of ongoing litigation that would be exempt under Florida Statute
119.0171(1)(d)1 until the conclusion of the litigation, with the exception of Case No. 2-
14CA003396XXXXMB AB, now concluded. To search for responsive documents, assess whether
they constitute public records and determine if any exemption applies will require significant time
and expense. The Town estimates 4 hours of administrative support at $36.39 per hour, Jones
Foster estimates the need for 4 hours of administrative support at $50.00 per hour, and at least 4
hours of attorney support to review for exemptions related to ongoing litigation at $235.00 per
hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d).
(4 hours @ 36.39 = 145.56) - (.25 hour @ 36.39= 9.10) + (4 hours @ 50.00 = 200.00) + (4
hours @ 235.00 = 940.00) = Deposit Due: $1,276.46 in cash or check.
Please note that a sworn statement of Joel Chandler taken by counsel for the Town on July 23,
2014 mentions CAFI. That statement previously produced to Martin O'Boyle care of his counsel,
Nickalaus Taylor, Esq., Daniel DeSouza, Esq. and Mitchell Berger, Esq. and his associates on
November 5, 2014 in response to a request to produce in O'Boyle v. Gulf Stream, Case No.
2014CA004474XXXXMBAA. Because counsel at the O'Boyle Law Firm has asserted that the
statement contains privileged information of the Citizens' Awareness Foundation, Inc., the Town
is unable to reproduce that statement here. See Citizens Awareness Foundation, Inc. v. Sweetapple,
Broeker & Farkas, P.L, Case No. 502014CAOI1941XN)CXMB AA and O Hare v. Gulf Stream,
Case No. 2014- CA- 008327XXXXMB AF.
The Town of Gulf Stream is currently working on a large number of incoming public records
requests. Upon receipt of your deposit, 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