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Home My Public Portal AboutPRR 15-1689From:james baker [mailto: jamesbakerrecordmaker @gmail.com] Sent: Thursday, January 01, 2015 7:46 PM To: Bill Thrasher Subject: ganger Itr - THIS 15 A PUBLIC RECORD REQUEST THIS IS A PUBLIC RECORDS REQUEST I make this request as per Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes Records requested: Letter from Commissioner Ganger as referenced in Jones + Foster billing Invoice number 176555 in entry dated 11- 17 -14. If any part of these records, are exempt from inspection or disclosure please cite the specific exemption as required by 5119.07(1)(f) of the Florida Statutes. Your affirmative obligation, as per 5119.07(c) Florida Statues is to: 1) Promptly acknowledge receipt of this public records request and 2) Make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed." I request that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis.If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received, refer to 5119.01(2)(f). Florida Statutes. Please produce only those records that can be obtained without incurring a charge to me for administrative support. Notify me in advance of incurring any fees you intend to charge me for any record production requiring administrative support before you incur this charge. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of the record production with a written estimate of the total cost. Itemize any estimates indicating the total number of pages and /or records, and distinguish the cost of labor and materials. Notify me immediately prior to any action by you that would cost me more than $1.00. Respond to requester at: iamesbakerrecordmaker @amail.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail January 2, 2015 James Baker [mail to: jamesbakerrecordmaker @gmail.com] Re: GS #1689 (ganger Itr) Letter from Commissioner Ganger as referenced in Jones + Foster billing Invoice number 176555 in entry dated 11- 17 -14. Dear James Baker [mail to: jamesbakerrecordmaker (a)gmail.com], The Town of Gulf Stream received your public records request on January 1, 2015. If your request was received in writing, then the request can be found at the following link htto://www2.gulf- stream.org/WebLink8/DocView.aspx?id= 32901 &dbid =0. 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 Kelly Avery From: rwganger <rwganger @bellsouth.net> Sent: Monday, November 17, 2014 4:18 PM To: Randolph, John C. Subject: Fw: Amending the Public Records Act Attachments: PROPOSAL TO PROTECT FLORIDA PUBLIC RECORDS ACT FROM INTENTIONAL ABUSE.doc On Monday, November 17, 2014 4:05 PM, rwganger <rwganger @bellsouth.net> wrote: As a follow -up to last Wednesday's conversation, we were able to keep the proposed amendments to the Public Records Act as a "pinch hit priority" for the League of Cities Legislative Committee list of top ten legislative initiatives for the 2015 Session. Senator Wilton Simpson (R, District 18) has apparently agreed to sponsor a bill, and he has asked a yet -to -be -named representative to sponsor the House version. It sounds as if they should be able to work well together. The League asked that I prepare a one -page backgrounder (attached) that Staff Legislative Advocates can use to brief Senator Simpson and others on the task at hand. We frankly don't know what the prospective authors of the bill have in mind, but as you recall, Senator Simpson was mentioned in the Florida Center for Investigative Reporting story that was published last week. I read yesterday that Senator Simpson was named Chair of the Senate Rules Committee, which implies that he is well respected by the leadership. I have offered to meet directly with Senator Simpson and the House sponsor if the League feels that to be useful prior to scheduling of Legislative Interim Committee meetings in January and February, when all bills must be drafted and filed. Hopefully, your academic paper will be a valuable "leave behind ". The Legislative Session commences March 3 and ends on May 1. Bob PROPOSAL TO PROTECT FLORIDA PUBLIC RECORDS ACT FROM INTENTIONAL ABUSE Public Issue: The value and integrity of Florida Statutes Chapter 119 is currently under challenge by individuals who are intent on "gaming the system" for personal benefit. Intentional abuse of the Act dilutes the very purpose of timely personal access to public records by overwhelming an agency's ability to comply; thereby disrupting ongoing administrative operations, increasing the cost of public services, discouraging private entities from working with public agencies, and clogging the courts with wasteful litigation. The motives for such intentional abuse can be harassment, intimidation, or extortion. Legislative Goal: The goal is to strengthen the Act by reducing misuse. Two provisions within the Act are subject to meaningful amendment: (1) it should be explicit that all requests for public records must be received and processed by a designated Custodian of Records under an internal protocol designed and administered by the affected agency, and (2) with respect to disputed handling of public records requests, the Act should allow courts discretion to grant reasonable recovery of legal expenses when a civil action is filed against the agency, and it is determined that the agency acted lawfully in implementing the request. Definition of Abusive Practices: Agencies throughout the State of Florida are experiencing a scheme that generally operates as follows: (1) the perpetrator forms an anonymous LLC with an appealing public service name; (2) the entity overwhelms a target Florida agency with dozens, or even hundreds of public records requests in a short time period, thereby diluting timely compliance capacity, and /or; (3) requests are submitted to unsuspecting lower level public or private employees who are unfamiliar with appropriate protocols and prone to mishandling the process; (4) a "stock" lawsuit is filed rapidly, based upon inadequate compliance; (5) the Court is asked for sanctions against the agency, and recovery of legal fees and filing expenses (but not damages); (6) a Settlement Offer is proposed at a sum that is less than anticipated expenses to defend the agency; (7) pressure is maintained until the agency capitulates. Abusers are aware the Public Records Act (119.2) does not provide for recovery of legal expenses when court finds that the Agency has acted lawfully. Further, the Florida Municipal Insurance Trust, and similar insurers, will not defend agencies in cases where no damages are claimed. For most agencies, a settlement of under $10,000 with a non - disclosure agreement, is a preferred route. Ultimately the cost is passed along to taxpayers. Scope of the Problem: Non - disclosure of settlement agreement terms dilutes the public's awareness of how agencies are being victimized. The press has reported that one single organization has filed public records lawsuits in 27 of Florida's 67 counties. One small town (Gulf Stream) has received over 1500 public records requests in less than a year and is subject to several dozen lawsuits. It now has a roster of 25 lawyers and paralegals engaged in public records matters, versus 17 full time staff employees on the payroll. No agency is immune -- counties, municipalities, school systems, water management districts, social service providers, non - profit institutions, and countless businesses who act on behalf of any public agency. One very large supplier of infrastructure services has threatened to stop doing business in the state if abuses of the Public Records Act are not resolved. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via c -mail January 7, 2015 James Baker [mail to: jamesbakerrecordmaker @gmail.com] Re: GS #1689 (ganger Itr) Letterfrom Commissioner Ganger as referenced in Jones + Foster billing Invoice number 176555 in entry dated 11- 17 -14. Dear James Baker [mail to: iamesbakerrecordmaker (a),gmail.coml, The Town of Gulf Stream has received your public records requests dated January 1, 2015. If your request was received in writing, then the requests can be found at the following link htty: / /www2.galf- stream .org /WebLink8/DocView.asi)x ?id= 32901 &dbid =0. If your request was verbal, then the description of your public records request is set forth in the italics above. Please refer to the referenced number above with any future correspondence. The responsive documents can be found at the same link. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records