HomeMy Public PortalAboutPRR 15-1746RECORDS REQUEST (the "Request ")
Date of Request:
1/26/2015
Requestor's Request ID#: 1001
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR: STOPDIRTYGOVERNMENT, LLC
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 the file which is the 1st entry on Page 2 of Invoice No.
177409 (File No. 13147.00080), dated December 31, 2014.
ADDITIONAL INFORMATION REGARDING REQUEST:
Attached is page 2, of Invoice No. 177409 (File No. 13147.00080),
dated r)erP_rnher 31 2014_
THIS REQUEST IS MADE PURSUANT TO ARTICLE I, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119,
FLORIDA STATUTES
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.
.JU 6119.01(2)(F). FLORIDA
STATUTES.
IF NOT AVAILABLE IN ELECTRONIC
FORM,
IT IS REQUESTED THAT THIS
RECORDS REQUEST
BE FULFILLED ON I I 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)
ALSO PLEASE TAKE. NOTE OF §119.07(1)(H) OF THE FLORIDA STATUTES, WHICH PROVIDES 'I I IAT "IF A CIVIL ACTION
IS INSTITUTED WITHIN THE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO
THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY
ORDER OF A COURT OF COMPETENT.JURISDICTION AFTERNOTICE'I'O ALL AFFECTED PARTIES."
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 1 19.01
(Definitions)), In advance of any costs imposed to the Requester by the Agency.
"BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS
ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES ".
VP/NP /FLRR
1.12.2015
Jones, Foster, Johnston & Stubbs, P.A.
Town of Gulf Stream
December 31, 2014
O'Hare v. Gulf Stream Case # 2014CC010712 RB
Invoice No. 177409
File No. 13147.00080
Page 2
FOR PROFESSIONAL SERVICES RENDER D:
DATE INDV DESCRIPTION VICES
HOURS AMOUNT
12/01/14 JMO REVIE
0.30 70.50
12102/14 JMO DRAFTIQG ANSWER; EMAIL M. HANNA RE ISSUES
0.80 188.00
WITH COMPLAINT
TOTAL HOURS 1.10
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
January 27, 2015
Stopdirtygovemment, LLC [mail to: records @commerce- group.com]
Re: GS #1746 (1001)
Provide a copy of the file which is the 1st entry on page 2 of Invoice No. 177409 (File No.
13147.00080), dated December 31, 2014. Attached is page 2 of Invoice No. 177409 (File No.
1314 7.00080), dated December 31, 2014.
Dear Stopdirtygovemment, LLC [mail to: records(a)commerce- erouo.coml,
The Town of Gulf Stream has received your public records requests dated January 26, 2015. If
your request was received in writing, then the requests can be found at the following link:
http: / /www2 .gulf- stream.org/WebLink8 /0 /doc /35040 /Pagel.asnx. 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 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 respond to you in a reasonable amount of time
with the appropriate response or an estimated cost to respond.
Sincerely,
Town Clerk
Custodian of the Records
Kelly Avery
From:
Postmaster
Sent:
Friday, February 20, 2015 3:22 PM
To:
Local Recipient
Subject:
1 KT6679- SUMMONS SERVED NOVEMBER 11 2014 .80.PDF
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•• ** CASE NUMBER: 2014CCO10712 DIVISION: RB ••v
Filing # 18174234 Electronically Filed 09/12/2014 01.54:10 PM
CHRISTOPHER F. O'HARE,
Plaintiff,
V.
TOWN OF GULF STREAM,
Defendant.
THE STATE OF FLORIDA:
To Each Sheriff of the State:
: J SFM
II- I( -201q
IN THE COUNTY COURT OF THE CP5# 12- B �I
IN AND FOR PALM BEACH
COUNTY, FLORIDA
CASE NO.:
YOU ARE COMMANDED to serve this Summons and Complaint in this lawsuit on the
Defendant TOWN OF GULF STREAM by serving its Mayor.
SCOTT MORGAN
1140 N. Ocean Blvd,
Gulf Strcam, FL 33483
Each defendant is required to serve written defenses to the Complaint on Plaintiff's Attorney Mark J.
Hanna (Florida Bar No.: 004525 1) GMM[MADISON PA, 401 South County Road, #3272, Palm Beach
FL. 33480 (561 -723 -8284) via electronic mail at servicecg3mlaw.com within twenty (20) days after
service of this Summons on dint defendant, exclusive of the date 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 that defendant for the relief
demanded in the Complaint.
SEP 12 2014
DATED
COURT
•
X141
Nina Bysiewicz
In accordance with the Americans with i9ns in need of special accommodation to
participate in this proceeding or to access grogram or activity shall, within a reasonable
time prior to any proceeding or need to access gs"c�, program or activity, contact the Administrative
Office of the Court, 205 North Dixie Highway, Room 5.2500, West Palm Beach, Florida 33401,
telephone (561) 355 -2431, or 1 -800- 955 -8771 (TDD), or 1- 800- 955 -8770 via Florida Relay Service.
SHARON R. BOCK
Clerk & Comptroller
P.O. Box 3406
West Palm Beach, FL 33402
Kelly Avery
From:
Postmaster
Sent:
Friday, February 20, 2015 3:22 PM
To:
Local Recipient
Subject:
1KY9444 -ohare re estimate july 1 emergency ordinance meeting records.PDF
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emergency ordinance meeting
records.PDF
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
June 30, 2013
Chris O'Hare
Re: Jul 1st meeting records for public speaking - Public Record Request
(1) Any notes, memos, emails, reports, messages, phone logs, letters, forms, codes, drafts,
draft of any minutes, minutes ofprevious meetings or any record in any way related to
the writing, creation, drafting, discussion, consideration or reasoning, of the Ordinance
regarding reasonable accommodation procedures or Ordinance No. 1412.
(2) Any record related to any emergency referenced by John Skip Randolph at the meeting
which included the first reading of the Ordinance regarding reasonable accommodation
procedures or Ordinance No. 1412.
(3) Any records created or received since January 2012 related in any way to any individual
who is disabled and / or handicapped, or a provider of services to that disabled and / or
handicapped individual, or a person claiming to represent a provider of services to
disabled and / or handicapped individuals, who sought, discussed, required or
requested reasonable accommodations related to a handicap or disability.
Dear Chris O'Hare,
This correspondence provides you with an estimate for the records that are responsive to the above
request, July 1st meeting, which was made by you on Friday, June 27, 2014. A portion of #3 is
available as minutes of the February 14, 2014 Town Commission Regular Meeting on our website
at http: / /www.gulf- stream.org /minutes- acendas.html.
To produce the other responding documents that you have requested, the Town of Gulf Stream
estimates the need for 130 minutes of administrative support at $39.23 per hour, the labor cost of
the Gulf Stream personnel providing some of the service and 12 minutes of administrative support
at $235.00 per hour, the lowest attorney rate billed to the Town by Jones, Foster, Johnston, &
Stubbs which represents the cost of the personnel providing the service, per Fla. Stat. §
119.07(4)(d). In addition, the actual cost of duplication is estimated to be $16.16, for a total
estimate of $148.16. These costs are itemized below:
Cost of Duplication:
202- 8 %Z" x 11" pages @ $0.08 $16.16
Labor Cost:
130 minutes - @ $39.23 per hour $85.00
12 minutes — @ $235.00 per hour $47.00
Total estimate:
148.16
Please be advised that this is only an estimate and the actual cost of production may be higher or
lower. Based on the above figures, the Town of Gulf Stream respectfully requests a deposit of
$148.16.
Once the Town has received your deposit, staff will act promptly to produce the requested records.
Once produced the Town will apply your full deposit to the total production costs. If the costs are
less than the deposit, the Town will provide you with a refund of the difference. If the actual
production costs exceed the deposit, the Town will send you a letter with an estimate for the
additional cost of production, and require an additional deposit.
Additionally, please let us know whether you would like to proceed with the fulfilment of your
more than 350 outstanding public records requests. On January 23, 2014, the Town asked for a
deposit related to 146 of your public records requests. Again on March 19, 2014, the Town sent a
letter in response to 197 public records requests made by you. For a number of additional requests,
the Town has provided you with an estimate of the cost of production. Please advise whether you
will be paying for any of these records or if you prefer to withdraw any of your requests.
The Town remains prepared to produce public records, as required, upon receipt of proper deposits
and payments. These payments represent the special service charge needed for extensive use of
information technology resources, clerical assistance, and supervisory assistance under Fla. Stat.
§ 119.07 (4)(d).
By providing you with this estimate, the Town is not waiving its right to collect costs associated
with fulfilment of your other outstanding public records requests.
Sincerely,
Town Clerk
Custodian of the Records
Yourariginal mmu,st. dated fume 27.2014. is rearodueed in the :mace below
From: Orris O'Hare[matto:chrisolamgufft ampgmail.comj
Sent•. Friday, June 27, 2014 752AM
To: Bill Thrasher
Subject: Jul Ist meeting records far public speaking - Public Record Request
PUBLIC RECORDS REQUEST -1 wish to obtain the following records in order to speak publicly and
informatively on the agenda Rem for the special meeting of the Town Commission on July 1. 2014.
Pursuant to Article 1. Section 24 or the Florida Constitution and Chapter 119.07 of the Florida Statutes
wish to make a public records request of your agency for the following records:
Any notes, memos, emails, reports, messages. phone logs, letters, forms, codes, drafts, draft of any
minutes, minutes d previcus meetings or any record in anyway related m the writing, creation, drafting.
discussion, consideration or reasoning, of the Ordinance regarding reasonable accommodation
procedures or Ordmance No. ML
Any record related many emergency referenced by John Skip Randolph at the meeting which included
the first reading of the Ordinance regarding reasonable accommodation procedures or Ordinance No.
14rL
Any records created or received since January 2012 related in any way to any individual who is disabled
and 1 or handicapped, or a provider of services to that disabled and I on handicapped individual, or a
person claiming to represent a provider of services m disabled and I or handicapped individuals. who
sought, discussed. required or requested reasonable accommodations related m a handicap or disability.
If you contend that any of the retards I am seeking, or any potion thereof. are exempt From inspection or
disclosure please cite the specific exemption as required by 4119.0711 NO of the Florida Statutes.
If some recvds wIlirD arc resprmds2 m Nis segnost m readily avxiLble, please laoduce thse seconds as soon az
they are aralable. Please do ore withhold any records from out while searching or producing my other records.
Please take ma of h119.07(c) Florida Sumes and your afftmatire obliption to (1) ptompdy zdauradedge receipt
of this public records request and 0 make a read Inch ethan which `mcludc making reasonable d brc to
dear:nineAom Other gf cm Orampamc xiAn' the agency wheth rcuh a record cu:C coed, ffso. the location at
which the record con be acccM "I ant, d sefare, requesting thin you notify every iudividual in possession of
records Nat may be rinii arise m this public records request to Partite all such minds an an i rai usrr basis.
If the public retards being uniglis ma asianirsd byyoar agmcy m m elecconic format please produce the ssordz
m t>w oridasl elecrsomc fmmrt ®which rbn wise cressed ar recehed. Sxy 4119.O1f2N0. Fbdda Sunnis.
If you antimpare the production of these public remtds to exceed $1.00 please amity sue m adtmsce of their
pm&xtioa wvh a wximn estimate ofthe total can. Please be sme to itemi>r say estitmtes so sz so itdicate the mml
number ofpages audor records, as well as or distinguish the cost oflabor Pad uuterials. Ririe notify me
immedia[elypdm w arty action In• you than wvNd regmre reimbmxment fittm me m esess of 53.00.
Nl responses in this public mccr& request should be made in writing to the following email address:
cMrobaeentfstrnm ; irn +il mm
Kelly Avery
From: Bill Thrasher <bhrasher @gulf - stream.org>
Sent: Wednesday, November 19, 2014 3:45 PM
To: beau.joreau @gmail.com
Subject: GS #998 (level 2 fees and costs record request tuesday)
Attachments: GS #998 (level 2 fees and costs record request tuesday)_pdf
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
Kelly Avery
From: Postmaster
Sent: Friday, February 20, 2015 3:22 PM
To: Local Recipient
Subject: GS #998 (level 2 fees and costs record request tuesday).pdf
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File Name
GS #998 (level 2 fees and costs
record request tuesday).pdf
File Size
89238 Bytes
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
November 19, 2014
beau joreau [mail to: beau.ioreau(7Umail.coml
Re: GS #998 (level 2 fees and costs record request tuesday)
(1) All fees collected from applicants for Level 2 architectural /site plan review during the
period from Jan. 1, 2013 through to July 4, 2013.
(2) All records of costs to the Town for Level 2 architectural /site plan review commensurate
with the collection of those fees.
Dear beau joreau [mail to: beau.ioreau(a�email.coml,
The Town of Gulf Stream received your public records requests on June 17, 2014. You should be
able to view this request at the following link http://www2.gulf-
stream. org/ WebLink8 /0 /doc /18230/Pagel.astx. 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 may incur expenses for the production of documents. You are responsible for the
costs of duplication, as allowed by Chapter 119, Florida Statutes, and you may also incur a
special service charge for the labor needed to respond to this request.
To produce the documents for that you have requested, the Town of Gulf Stream estimates the
need for .5 hours of administrative support at $39.23 per hour, the labor cost of the personnel
providing the service, per Fla. Star. § 119.07(4)(d). If the costs of producing these documents
will 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. If you would like to narrow the scope of your request, for example, by identifying a
particular document type or date range, the Town may be able to provide these records at a lower
cost.
(.5 hours @ 39.23 = 19.62) - (.25 hour @ 39.23= 9.81) = Deposit Due: $9.81 in cash or check.
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
Kelly Avery
From: Bill Thrasher <bhrasher @gulf - stream.org>
Sent: Friday, November 21, 2014 10:56 AM
To: beau.joreau @gmail.com
Subject: GS #1005 (fees and costs), #1006 (fees and costs - level 3)
Attachments: GS #1005 (fees and costs record request), #1006 (fees and costs - level 3 - public record
request)_docx _pdf; GS #1005 (fees and costs)_depositest _pdf; GS #1006 (fees and costs -
level 3)_depositest pdf
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
Kelly Avery
From:
Postmaster
Sent:
Friday, February 20, 2015 3:22 PM
To:
Local Recipient
Subject:
GS #1005 (fees and costs record request), #1006 (fees and costs - level 3 - public record
request).docx.pdf
Linked Attachment Download
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email message. You may download the attachment, if you
are sure that it is safe to do so, by clicking the Click Here to
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File Name
GS #1005 (fees and costs record
request), #1006 (fees and costs -
level 3 - public record
request).docx.pdf
File Size
91492 Bytes
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
November 21, 2014
beau joreau [mail to: beau.ioreau(c�gmail.coml
Re: GS #1005 (fees and costs), #1006 (fees and costs - level 3)
(1) All records of fees paid by architectural /site plan review applicants and collected by the
Town, or collected by the Town on the behalf of others, for reports, analysis,
recomendations or reviews during the period from Jul. 4, 2013 through to Nov. 30, 2013.
(2) All records of costs to the Town for reports, analysis, recomendations or reviews during
the period from Jul. 4, 2013 through to Nov. 30, 2013 which were commensurate with the
collection of those fees from architectural /site plan review applicants.
(1) All fees collected from applicants for Level 3 architectural /site plan review during the
period from Jul. 4, 2013 through to Nov. 30, 2013.
(2) All records of costs to the Town for Level 3 architectural /site plan review commensurate
with the collection ofthose fees.
Dear beau joreau [mail to: beau.ioreauia),email.coml,
The Town of Gulf Stream received your public records requests on June 18, 2014. You should be
able to view this request at the following link htti)://www2.eulf-
stream.ore/WebLink8 /0 /doe /18168/Pa eg l.asnx and htty://www2.gulf-
stream. or¢/ WebLink8 /0 /doc /18169/Pagel.asyx. 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 may incur expenses for the production of documents. You are responsible for the
costs of duplication, as allowed by Chapter 119, Florida Statutes, and you may also incur a
special service charge for the labor needed to respond to this request.
To produce the documents for that you have requested, the Town of Gulf Stream estimates the
need for 1.25 hours of administrative support at $39.23 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
will 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. If you would like to narrow the scope of your request, for example, by identifying a
particular document type or date range, the Town may be able to provide these records at a lower
cost.
(1.25 hours @ 39.23 = 49.04) - (.25 hour @ 39.23= 9.81) = Deposit Due: $39.23 in cash or
check.
Should you not want both requests, we are attaching the estimate for each request for your
convenience.
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
Kelly Avery
From: Postmaster
Sent: Friday, February 20, 2015 3:22 PM
To: Local Recipient
Subject: GS #1005 (fees and costs)_depositest.pdf
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email message. You may download the attachment, if you
are sure that it is safe to do so, by clicking the Click Here to
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GS #1005 (fees and
costs)_de pos itest. pdf
File Size
182643 Bytes
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PUBLIC RECORDS REQUEST ESTIMATE WORKSHEET
Public Records Request Dated:
Requestor:
6/18/2014
beau.joreau
Ili All records of fees paid by architectural /site plan review applicants and collected
Public Records Requested: by the Town, or collected by the Town on the behalf of others, for reports, analysis,
recomendations or reviews during the period from Jul. 4, 2013 through to Nov. 30, 2013.
(2) All records of costs to the Town for reports, analysis, recomendations or reviews
during the period from Jul. 4, 2013 through to Nov. 30, 2013 which were commensurate
with the collection of those fees from architectural /site plan review applicants.
Employee providing estimate: Kelly Avery & Rita Taylor Date: 11/21/2014
Description of activity: (what you did to determine this estimate)
Looked through paper and digital files to find responsive documents.
Time spent reviewing documents:
15 minutes
Estimated Time to produce records:
45 minutes
Hourly rate of pay (incl. benefits):
$ 39.23 (PD $30.93 /ADMIN $39.23)
Estimated Labor Charge:
$ 29.42
Estimated cost of copies:
$
Cost of tapes /CD's /flash drives
Total estimate to produce records:
$ 29.42
Kelly Avery
From:
Postmaster
Sent:
Friday, February 20, 2015 3:22 PM
To:
Local Recipient
Subject:
GS #1006 (fees and costs - level 3)_depositest.pdf
Linked Attachment Download
The following attachment was removed from the associated
email message. You may download the attachment, if you
are sure that it is safe to do so, by clicking the Click Here to
Download link below.
File Name
GS #1006 (fees and costs - level
3)_depositest.pdf
File Size
182503 Bytes
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PUBLIC RECORDS REQUEST ESTIMATE WORKSHEET
Public Records Request Dated: 6/18/2014
Requestor: beau.joreau
Public Records Requested:
(1) All fees collected from applicants for Level 3 architectural /site plan review during the
period from Jul. 4, 2013 through to Nov. 30, 2013. (2) All records of costs to the Town for
Level 3 architectural /site plan review commensurate with the collection of those fees.
Employee providing estimate: Kelly Avery & Rita Taylor Date: 11/21/2014
Description of activity: (what you did to determine this estimate)
Looked through paper and digital files to find responsive documents.
Time spent reviewing documents: 15 minutes
Estimated Time to produce records:
Hourly rate of pay (incl. benefits):
Estimated Labor Charge:
Estimated cost of copies:
Cost of tapes /CD's /flash drives
Total estimate to produce records:
30 minutes
39.23 (PD $30.93 /ADMIN $39.23)
19.62
$ 19.62
Kelly Avery
From:
Postmaster
Sent:
Friday, February 20, 2015 3:22 PM
To:
Local Recipient
Subject:
1 KT6686- COMPLAINT .80.PDF
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File Size
14717915 Bytes
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Filing # 18174234 Electronically Filed 09/12/2201401:54:10 PM
CHRISTOPHER F. O'HARE,
Plaintiff,
V.
TOWN OF GUL STREAM,
Defendant.
IN THE COUNTY COURT IN AND
FOR PALM BEACH COUNTY,
FLORIDA
CASE NO.:
VERIFIED COMPLAINT TO ENFORCE FLORIDA'S PUBLIC RECORDS ACT AND
FOR DECLARATORY INJUNCTIVE AND MONETARY RELIEF
The Plaintiff, Christopher F. O'Hare, ( "PlainrilF'), by and through undersigned counsel,
hereby sues the Town of Gulf Stream, ( "Defendant" or the "Town "), and as grounds therefore
alleges as follows:
This action concerns the Defendant's violation of Plaintiffs civil rights pursuant to
Article I, Section 24 of the Florida Constitution and Chapter 119, Florida Statutes (2012), (the
"Public Records Act ").
2. This action seeks declaratory, injunctive and monetary relief.
3. Specifically, Plaintiff seeks an order declaring the Defendant to be in breach of its
constitutional' and
1Note Article I Section 24, Fla. Const.
Every person has the right to inspect or copy any public record made or received in
connection with the official business of any public body, officer, or employee of the state,
or persons acting on their behalf, except with respect to records exempted pursuant to this
section or specifically made confidential by this Constitution. This section specifically
includes the legislative, executive, and judicial branches of government and each agency
or department created thereunder, counties, municipalities, and districts; and each
constitutional officer, board, and commission, or entity created pursuant to law or this
Constitution.
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statutory2 duly to permit access to public records, and compelling the Defendant to provide
access to the requested public records, enjoining the Defendant from denying access to public
records, and awarding Plaintiff attorney's fees and costs. Additionally, Plaintiff requests this
matter be expedited pursuant to Section 119.1 1(1), Florida Statutes.
JURISDICTION AND VENUE
4. This Court has subject matterjurisdiction pursuant to Article V, Section 5(b) of the
Florida Constitution, and Section 119.11, Florida Statutes.
5. This Court has personal jurisdiction over the Defendant, because the Defendant is a
public agency in Palm Beach County.
6. The causes of action in the instant case accrued in Palm Beach County; therefore, this
Court is the appropriate venue for the vindication of Plaintiffs civil rights.
THE PARTIES
7. Plaintiff is a Florida citizen who resides in Palm Beach County.
8. Plaintiff is a "person" as that term is used in the Public Records Act. See § 119.07(1)
(a), Fla. Stat'
9. The Defendant is an "agency" pursuant to Section 119.011(2), Florida Statutes .5
2Note § 119.07(1)(a), Fla. Stat.
Every person who has custody of a public record shall permit the record to be inspected
and copied by any person desiring to do so, at any reasonable time, under reasonable
conditions, and under supervision by the custodian of the public records.
3Note § 119.11 (1), Fla. Stat.
Whenever an action is filed to enforce the provisions of this chapter, the court shall set an
immediate hearing, giving the case priority over other pending cases.
4See Footnote "2 ".
SNote § 119.011(2), Fla. Stat.
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10. The Defendant has a duty to permit the inspection, copying, and photography of
Defendant's public records by any person desiring to do so, at a reasonable time, under
reasonable conditions, and for reasonable costs'. (Emphasis added). See § 119.07, Fla. Stat.; Art.
I, § 24, Fla. Const.
FLORIDA'S PUBLIC RECORDS ACT
"Agency" means any state, county, district, authority, or municipal officer, department,
division, board, bureau, commission, or other separate unit of government created or
established by law including, for the purposes of this chapter, the Commission on Ethics,
the Public Service Commission, and the Office of Public Counsel, and any other public or
private agency, person, partnership, corporation, or business entity acting on behalf of
any public agency.
6Note Govemment -]n- The - Sunshine - Manual 2012 Edition page 144.
The term "reasonable conditions" as used in s. 119.07(1)(a), F.S., "refers not to
conditions which must be fulfilled before review is permitted but to reasonable
regulations that would permit the custodian of records to protect them from alteration,
damage, or destruction and also to ensure that the person reviewing the records is not
subjected to physical constraints designed to preclude review." {fait it Florida Potiver &
Light Company; 372 So. 2d 420, 425 (Fla. 1979). See also State ex rel. Davis v.
McMillan, 38 So. 666 (Fla. 1905); and Tribune Company it Cannella, 458 So. 2d 1075,
1078 (Fla. 1984), appeal dismissed sub nom., DePerte it Tribune Company 105 S.Ct.
2315 (1985) (the sole purpose of custodial supervision is to protect the records from
alteration, damage, or destruction).
Accordingly, the "reasonable conditions" do not include a rule or condition of inspection
which operates to restrict or circumvent a person's right of access. AGO 75 -50. "The
courts of this state have invalidated measures which seek to impose any additional burden
on those seeking to exercise their rights to obtain records" under Ch. 119, F.S. Inf. Op. to
Cook, May 27, 2011. And see State v Webb, 786 So. 2d 602 (Fla. 1 st DCA 2001)
(requirement that persons with custody of public records allow records to be examined
"at any reasonable time, under reasonable conditions" is not unconstitutional as applied
to public records custodian who was dilatory in responding to public records requests).
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11. Florida's Public Records Act implements a right guaranteed to members of the public
under the Florida Constitution and it therefore promotes "a state interest of the highest order."
See NCAA v. Associated Press, 18 So. 3d 1201, 1212 (1 st DCA 2009)'.
12. The right of access to public records applies to "any public body, officer, or employee
of the state, or persons acting on their behalf...." Art. 1, § 24, Fla. Const.; see also § 119.011(2),
Fla. Stat.s
13. Under the Public Records Act, "[e]very person who has custody of a public record
shall permit the record to be inspected and copied by any person desiring to do so, at any
reasonable time, under reasonable conditions, and under supervision by the custodian of the
public records." See § I I9.07(1)(a), Fla. Stat'
14. Under the Public Records Act, "[a]ny person shall have the right of access to public
records for the purpose of making photographs of the record..." See § 119.07(3)(a), Fla. Stat.10
7 Note NCAA v. Associated Press 18 So. 3d 1201, 1212 (1 st DCA 2009)
We are not persuaded that the Public Records law has an indirect effect on interstate
commerce, but even if some effect had been established, we could not say that the law
violates the dormant Commerce Clause. The Public Records law implements a right
guaranteed to members of the public under the Florida Constitution and it therefore
promotes a state interest of the highest order. The negligible impact the law might have
on interstate commerce clearly does not outweigh the goal of ensuring open government.
8 See Footnote "Y'.
9 See Footnote "2 ".
10 Note § 119.07(3)(a), Fla. Stat.
Any person shall have the right of access to public records for the purpose of making
photographs ofthe record while such record is in the possession, custody, and control of
the custodian of public records.
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15. Defendant, as an agency and custodian of records, has an obligation to provide any
non- exempt public records for inspection, copying and photography upon request. See §
119.07(1)(a) ", § 119.07(3)(a) ", Fla. Stat.; ArL 1, § 24, Fla. Const."
FACTS RELEVANT TO ALL COUNTS:
A. Records Related to The "Emergency Ordinance" Request
16. On June 16, 2014 at 11:58 a.m., Plaintiff submitted a public records request via e-mail
to the custodian of records of the Town of Gulf Stream.
17. Specifically, Plaintiff sought to obtain:
Any record relating to the emergency referenced by Mr. Randolph
during the discussion of the emergency ordinance considered by the
Town Commission at the public meeting on June 13, 2014. Responsive
records to include, but not limited to, memos, emails, notes, photos,
letters, drawings, sketches, correspondence, phone records of calls
where the topic of conversation is the subject of this record request,
faxes, reports or complaints.
Any record relating to the emergency ordinance discussed by the Town
Commission at the public meeting on June 13, 2014. Responsive
records to include, but not limited to, memos, emails, notes, faxes,
reports, photos, letters, complaints, drawings, sketches, ordinances
referred to or taken from, correspondence, minutes, phone records of
calls where the topic of conversation is the subject of this record
request.
(the "Emergency Ordinance Request "). Said Emergency Ordinance Request is attached
hereto and specifically incorporated herein as Exhibit A.
11 See Footnote "2 ".
12 See Footnote "10 ".
13 See Footnote "I".
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18. On the same day as the Emergency Ordinance Request, on June 16, 2014, Defendant
sent a letter to Plaintiff via e-mail, also received by Plaintiff on June 16, 2014, stating in relevant
part:
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.
(the "Emergency Ordinance Response "). Said Emergency Ordinance Response is
attached hereto and specifically incorporated herein as Exhibit B.
19. Plaintiff has requested that the responsive documents for the public records requests
described herein be provided in electronic form and provided an E -Mail address to whom the
response was to be sent.
20. As of the date of this complaint, some seventy (70) days after Plaintiffs original
public records request, Plaintiff has not received the requested public records.
21. Upon information and belief, the requested public records are maintained by the
Defendant in electronic form.
22. The records requested by the Plaintiff are public records that are readily accessible to
Defendant.
23. All of the records being sought by Plaintiff are public records pursuant to Section
119.011(12) ", Florida Statutes.
24. There is no statutory exemption that applies to any of the requested public records
and the Defendant has cited none.
14Note § 119.011(12), Fla. Stat.
"Public records" means all documents, papers, letters, maps, books, tapes, photographs,
films, sound recordings, data processing software, or other material, regardless of the
physical form, characteristics, or means of transmission, made or received pursuant to
law or ordinance or in connection with the transaction of official business by any agency.
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25. Violations of Section 119.07, Florida Statutes constitute an irreparable public injury''.
26. Plaintiff has a clear legal right to insist upon the performance of the Defendant's duty
to permit inspection, copying and photographing of public records.
27. Section 119.11 (1), Florida Statutes requires this matter be set for an immediate
hearing.16
28. All conditions precedent to this action have occurred or have been excused or waived.
29. Defendant's actions with respect to the public records requests discussed herein and
in other public record requests made by Plaintiff and other parties, demonstrate a pattern of
noncompliance with the Public Records Act and also a likelihood of future violations such that
injunctive relief is appropriate.
B. Records Related to "Applicants for Level 2 Site Plan Review" Request
30. On June 17, 2014 at 10:27 a.m., Plaintiff submitted a public records request via e-
mail to the custodian of records of the Town of Gulf Stream.
31. Specifically, Plaintiff sought to obtain:
All fees collected from applicants for Level 2 architectural /site plan
review during the period from Jan. 1, 2013 through to July 4, 2013.
All records of costs to the Town for Level 2 architectural/site plan
review commensurate with the collection of those fees.
15Note Daniels it Bryson, 548 So. 2d 679, 680 (Fla. 3d DCA 1989)
The impermissible withholding of documents otherwise required to be disclosed
constitutes, in and of itself, irreparable injury to the person making the public records
request. Since the purpose of Chapter 119 is to afford disclosure of information without
delay to any member of the public making a request, nondisclosure prevents access to the
information and is an injury not ordinarily compensable in damages.
16See Footnote "3 ".
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(the "Level 2 Request'). Said Level 2 Request is attached hereto and specifically
incorporated herein as Exhibit C.
32. A day after the Level 2 Request, on June 18, 2014, Defendant sent a letter to Plaintiff
via e-mail, also received by Plaintiff on June 18, 2014, stating in relevant part:
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.
(the "Level 2 Response "). Said Level 2 Response is attached hereto and specifically
incorporated herein as Exhibit C.
33. Plaintiff has requested that the responsive documents for the public records requests
described herein be provided in electronic form and provided an E -Mail address to whom the
response was to be sent.
34. As of the date of this complaint, some sixty-eight (68) days after Plaintiffs original
public records request, Plaintiff has not received the requested public records.
35. Upon information and belief, the requested public records are maintained by the
Defendant in electronic form.
36. The records requested by the Plaintiff are public records that are readily accessible to
Defendant.
37. All of the records being sought by Plaintiff are public records pursuant to Section
119.011(12)", Florida Statutes.
38. There is no statutory exemption that applies to any of the requested public records
and the Defendant has cited none.
17See Footnote "14 ".
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39. Violations of Section 119.07, Florida Statutes constitute an irreparable public injury",
40. Plaintiff has a clear legal right to insist upon the performance of the Defendant's duty
to permit inspection, copying and photographing of public records.
41. Section 119.11 (1), Florida Statutes requires this matter be set for an immediate
hearing.19
42. All conditions precedent to this action have occurred or have been excused or waived.
43. Defendant's actions with respect to the public records requests discussed herein and
in other public record requests made by Plaintiff and other parties, demonstrate a pattern of
noncompliance with the Public Records Act and also a likelihood of future violations such that
injunctive relief is appropriate.
C. Records Related to "Applicants for Level 3 Site Plan Review" Request
44. On June 18, 2014 at 8:34 p.m., Plaintiff submitted a public records request via e-mail
to the custodian of records of the Town of Gulf Stream.
45. Specifically, Plaintiff sought to obtain:
All fees collected from applicants for Level 3 architectural/site plan
review during the period from Jul. 4, 2013 through to Nov. 30, 2013.
All records of costs to the Town for Level 3 architectural /site plan
review commensurate with the collection of those fees.
(the "Level 3 Request "). Said Level 3 Request is attached hereto and specifically
incorporated herein as Exhibit E
46. Two days after the Level 3 Request, on June 20, 2014, Defendant sent a letter to
Plaintiff via e-mail, also received by Plaintiff on June 20, 2014, stating in relevant part:
Mee Footnote "15 ".
19See Footnote "3 ".
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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.
(the "Level 3 Response "). Said Level 3 Response is attached hereto and specifically
incorporated herein as Exhibit F.
47. Plaintiff has requested that the responsive documents for the public records requests
described herein be provided in electronic form and provided an E -Mail address to whom the
response was to be sent.
48. As of the date of this complaint, some sixty -six (66) days after Plaintiffs original
public records request, Plaintiff has not received the requested public records.
49. Upon information and belief, the requested public records are maintained by the
Defendant in electronic form.
50. The records requested by the Plaintiff are public records that are readily accessible to
Defendant.
51. All of the records being sought by Plaintiff are public records pursuant to Section
119.011(12)20, Florida Statutes.
52. There is no statutory exemption that applies to any of the requested public records
and the Defendant has cited none.
53. Violations of Section 119.07, Florida Statutes constitute an irreparable public injury'.
54. Plaintiff has a clear legal right to insist upon the performance of the Defendant's duty
to permit inspection, copying and photographing of public records.
20See Footnote "14 ".
21See Footnote "15 ".
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55. Section 119.11 (1), Florida Statutes requires this matter beset for an immediate
hearing.'
56. All conditions precedent to this action have occurred or have been excused or waived.
57. Defendant's actions with respect to the public records requests discussed herein and
in other public record requests made by Plaintiff and other parties, demonstrate a pattern of
noncompliance with the Public Records Act and also a likelihood of future violations such that
injunctive relief is appropriate.
D. Records Related to "Fees Paid by Architectural /Site Plan Review Anplicants" Request
58. On June 18, 2014 at 8:33 p.m., Plaintiff submitted a public records request via e-mail
to the custodian of records of the Town of Gulf Stream.
59. Specifically, Plaintiff sought to obtain:
All records of fees paid by architectural /site plan review applicants and
collected by the Town, or collected by the Town on the behalf of
others, for reports, analysis, recommendations or reviews during the
period from Jul. 4, 2013 through to Nov. 30, 2013.
All records of costs to the Town for reports, analysis,
recommendations or reviews during the period from Jul. 4, 2013
through to Nov. 30, 2013 which were commensurate with the
collection of those fees from architectumUsite plan review applicants.
(the "Fees Paid Request "). Said Fees Paid Request is attached hereto and specifically
incorporated herein as Exhibit G.
60. Two days after the Fees Paid Request, on June 20, 2014, Defendant sent a letter to
Plaintiff via e-mail, also received by Plaintiff on June 20, 2014, stating in relevant part:
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.
22See Footnote "3 ".
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(the "Fees Paid Response "). Said Fees Paid Response is attached hereto and specifically
incorporated herein as Exhibit H.
61. Plaintiff has requested that the responsive documents for the public records requests
described herein be provided in electronic form and provided an E -Mail address to whom the
response was to be sent.
62. As of the date of this complaint, some sixty-six (66) days after Plaintiffs original
public records request, Plaintiff has not received the requested public records.
63. Upon information and belief, the requested public records are maintained by the
Defendant in electronic form.
64. The records requested by the Plaintiff are public records that are readily accessible to
Defendant.
65. All of the records being sought by Plaintiff are public records pursuant to Section
119.011(12), Florida Statutes.
66. There is no statutory exemption that applies to any of the requested public records
and the Defendant has cited none.
67. Violations of Section 119.07, Florida Statutes constitute an irreparable public injury ='.
68. Plaintiff has a clear legal right to insist upon the performance of the Defendant's duty
to permit inspection, copying and photographing of public records.
69. Section 119.11(]), Florida Statutes requires this matter be set for an immediate
hearing
70. All conditions precedent to this action have occurred or have been excused or waived.
23See Footnote "14 ".
24See Footnote "15 ".
25See Footnote "3 ".
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71. Defendant's actions with respect to the public records requests discussed herein and
in other public record requests made by Plaintiff and other parties, demonstrate a pattern of
noncompliance with the Public Records Act and also a likelihood of future violations such that
injunctive relief is appropriate.
COUNT I: UNLAWFUL WITHHOLDING OF PUBLIC RECORDS
WITH RESPECT TO THE "EMERGENCY ORDINANCE" REQUEST
72. Plaintiff re-alleges and incorporates by reference paragraphs I through 29 as if fully
alleged herein.
73. The Defendant's refusal to allow Plaintiff to inspect the requested public records
violates Article I, Section 24(a) of the Florida Constitution, Section 119.07(1)(a), Florida Statutes
'` and is inconsistent with well - established case law'.
74. Section 119.01(2)(f), Florida Statutes provides, "An agency must provide a copy of
the record in the medium requested if the agency maintains the record in that medium."
26See Footnote "2 ".
Mee Bell v. Kendrick 6 So. 868 (Fla. 1889) (public records belong "to the public office and not
to the officer. "); See also State ex .rel. Davidson v. Couch 156 So. 297 (Fla. 1934); See also City
of Gainesville v. State ex. rel. International Association of Fire Fighters Local No 2157 298
So.2d 478 (1st DCA 1974) (records that "are made by a city employee in the normal course of
conducting the city's business are materials which are open to the citizens of this state for
inspection. "); See also State ex rel. Veale v. City of Boca Raton 353 So. 2d 1194 (Fla. 4th DCA
1977) (the Public Records Act "requires the public official with custody of a public record to
disclose it to any member of the public, including the media, who wishes to inspect it. Non
- disclosure is permitted only if there is an exemption provided" by statute.); See also News -Press
Publishing Co. v. Gadd, 388 So. 2d 276, 278 (Fla. 2d DCA 1980) ( "Absent a statutory
exemption, a court is not free to consider public policy questions regarding the relative
significance of the public's interest in disclosure and the damage to an individual or institution
resulting from such disclosure. ").
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75. "The only delay permitted by the Act is the limited reasonable time allowed the
custodian to retrieve the record and delete those portions of the record the custodian asserts are
exempt." Tribune Co. v. Cannella, 458 So. 2d 1075, 1079 (Fla. 1984).
76. Despite Plaintiff's request of obtaining a copy of any photos of the referenced
Pugliese property in digital (or electronic) form, some seventy (70) days after the Defendant
received Plaintiffs original Photo Request, Defendant still has not offered to provide same to
Plaintiff under any terms.
77. The above described sixty -six (66) day delay is unreasonable and in violation of the
Public Records Act.
0
In its Photo Response, Defendant imposed an automatic delay
except "within three business days," even though the Photo Request
prior to the date appearing on the Defendant's Photo Response and the
readily available to the Defendant at that time.
79.
The Defendant's imposition of an automatic delay has no
therefore, in violation of the Public Records Act. "The Public Record
civil action is filed against an agency to enforce the provisions of this
determines that such agency unlawfully refused to permit a public
copied, the court shall assess and award, against the agency
enforcement including reasonable attorneys' fees" See § 119.12, Fla. Stat.
28See Tribune Co. v. Cannella, 45£ So.2d 1075 (Fla., 1984) ( "We hold that no automatic delay is
permitted..." and "an automatic delay, no matter how short, impermissibly interferes with the
public's right, restrained only by the physical problems involved in retrieving the records and
protecting them, to examine the records. The legislature has placed the books on the table; only it
has the power to alter that situation. "); See also Grapski v. City of Alachua. 31 So3d 193 (Fla.
App., 2010); See also Rechler v. Town of Manalanan. No. CL 94 -2724 AD (Fla. 15th Cir. CL
November 21, 1994), armed, 674 So. 2d 789, 790 (Fla. 4th DCA 1996), review denied, 684 So.
2d 1353 (Fla. 1996); See also State v. Webb. 786 So.2d 602 (Fla. App., 2001).
14 of 23
80. Plaintiff has retained counsel and therefore asserts his statutory claim to attorney's
fees and expenses for the preparation of this complaint and any additional purposes for which
attorney's fees and expenses are incurred in this matter.
WHEREFORE, Plaintiff prays this Court:
(a) Set an immediate hearing pursuant to Section 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 underArticle I, Section
24 of the Florida Constitution' and the Public Records Act;
(c) Order the Defendants to allow the inspection, copying and photographing of the
requested records (upon payment of the statutorily authorized fees);
(d) Order the Defendants to provide a copy of the requested records in its original
electronic form;
(e) Enjoin the Defendant from denying access to records which are subject to the
Public Records Act:
(t) Award Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this
action, as provided in Section 119.12, Florida Statutes; and
(g) Grant such further relief as the Court deems proper.
COUNT 11: UNLAWFUL WITHHOLDING OF PUBLIC RECORDS
WITH RESPECT TO "LEVEL 2" REQUEST
81. Plaintiff re- alleges and incorporates by reference paragraphs I through 15 and 30
through 43 as if fully alleged herein.
29See Footnote "I".
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82. The Defendant's refusal to allow Plaintiff to inspect the requested public records
violates Article 1, Section 24(a) of the Florida Constitution, Section 119.07(1)(a), Florida Statutes
30 and is inconsistent with well - established case law ".
83. Section 119.01(2)(f), Florida Statutes provides, "An agency must provide a copy of
the record in the medium requested if the agency maintains the record in that medium."
84. "The only delay permitted by the Act is the limited reasonable time allowed the
custodian to retrieve the record and delete those portions of the record the custodian asserts are
exempt." Tribune Co. v. Cannella, 458 So. 2d 1075, 1079 (Fla. 1984).
85. Despite Plaintiffs request of obtaining a copy of any photos of the referenced
Pugliese property in digital (or electronic) form, some sixty -six (66) days after the Defendant
received Plaintiffs original Photo Request, Defendant still has not offered to provide same to
Plaintiff under any terms.
86. The above described sixty -six (66) day delay is unreasonable and in violation of the
Public Records Act.
87. In its Photo Response, Defendant imposed an automatic delay by refusing to respond
except "within three business days," even though the Photo Request was received four (4) days
prior to the date appearing on the Defendant's Photo Response and the requested records were
readily available to the Defendant at that time.
88. The Defendant's imposition of an automatic delay has no statutory basis and is,
therefore, in violation of the Public Records Act.'
30See Footnote "2 ".
31See Footnote "27 ".
32See Footnote "28 ".
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89. The Public Record Act provides that "[i]f 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." See §119.12, Fla. Stat.
90. Plaintiff has retained counsel and therefore asserts his statutory claim to attorney's
fees and expenses for the preparation of this complaint and any additional purposes for which
attorney's fees and expenses are incurred in this matter.
WHEREFORE, Plaintiff prays this Court
(a) Set an immediate hearing pursuant to Section 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 1, Section
24 of the Florida Constitution' and the Public Records Act;
(c) Order the Defendants to allow the inspection, copying and photographing of the
requested records (upon payment of the statutorily authorized fees);
(d) Order the Defendants to provide a copy of the requested records in its original
electronic Corm;
(e) Enjoin the Defendant from denying access to records which are subject to the
Public Records Act
(f) Award Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this
action, as provided in Section 119.12, Florida Statutes; and
33See Footnote "1 ".
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(g) Grant such further relief as the Court deems proper.
COUNT III: UNLAWFUL WITHHOLDING OF PUBLIC RECORDS
WITH RESPECT TO "LEVEL 3" REQUEST
91. Plaintiff re- alleges and incorporates by reference paragraphs I through 15 and 44
through 57 as if fully alleged herein.
92. The Defendant's refusal to allow Plaintiff to inspect the requested public records
violates Article I, Section 24(a) of the Florida Constitution, Section 119.07(I)(a), Florida Statutes
34 and is inconsistent with well - established case laws.
93. Section 119.01(2)(0, Florida Statutes provides, "An agency must provide a copy of
the record in the medium requested if the agency maintains the record in that medium."
94. "The only delay permitted by the Act is the limited reasonable time allowed the
custodian to retrieve the record and delete those portions of the record the custodian asserts are
exempt." Tribune Co. v. Cannella, 458 So. 2d 1075, 1079 (Fla. 1984).
95. Despite Plaintiff's request of obtaining a copy of any photos of the referenced
Pugliese property in digital (or electronic) form, some sixty -six (66) days after the Defendant
received Plaintiffs original Photo Request, Defendant still has not offered to provide same to
Plaintiff under any terms.
96. The above described sixty -six (66) day delay is unreasonable and in violation of the
Public Records Act.
97. In its Photo Response, Defendant imposed an automatic delay by refusing to respond
except "within three business days," even though the Photo Request was received four (4) days
34See Footnote "2 ".
35See Footnote "27 ".
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prior to the date appearing on the Defendant's Photo Response and the requested records were
readily available to the Defendant at that time.
98. The Defendant's imposition of an automatic delay has no statutory basis and is,
therefore, in violation of the Public Records Act."
99. The Public Record Act provides that "[i]f 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." See §119.12, Fla. Stat.
100. Plaintiff has retained counsel and therefore asserts his statutory claim to attorney's
fees and expenses for the preparation of this complaint and any additional purposes for which
attorney's fees and expenses are incurred in this matter.
WHEREFORE, Plaintiff prays this Court:
(a) Set an immediate hearing pursuant to Section 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, Section
24 of the Florida Constitution" and the Public Records Act;
(c) Order the Defendants to allow the inspection, copying and photographing of the
requested records (upon payment of the statutorily authorized fees);
(d) Order the Defendants to provide a copy of the requested records in its original
electronic form;
36See Footnote "28 ".
37See Footnote "I ".
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(e) Enjoin the Defendant from denying access to records which are subject to the
Public Records Act:
(f) Award Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this
action, as provided in Section 119.12, Florida Statutes; and
(g) Grant such further relief as the Court deems proper.
COUNT IV: UNLAWFUL WITHHOLDING OF PUBLIC RECORDS
WITH RESPECT TO "FEES PAID" REQUEST
101. Plaintiff re- alleges and incorporates by reference paragraphs 1 through 15 and 58
through 71 as if fully alleged herein.
102. The Defendant's refusal to allow Plaintiff to inspect the requested public records
violates Article 1, Section 24(a) of the Florida Constitution, Section 119.07(1)(a), Florida Statutes
's and is inconsistent with well - established case law".
103. Section 119.01(2)(f), Florida Statutes provides, "An agency must provide a copy of
the record in the medium requested if the agency maintains the record in that medium."
104. "The only delay permitted by the Act is the limited reasonable time allowed the
custodian to retrieve the record and delete those portions of the record the custodian asserts are
exempt." Tribune Co. v. Cannella, 458 So. 2d 1075, 1079 (Fla. 1984).
105. Despite Plaintiff's request of obtaining a copy of any photos of the referenced
Pugliese property in digital (or electronic) form, some sixty -six (66) days after the Defendant
received Plaintiffs original Photo Request, Defendant still has not offered to provide same to
Plaintiff under any terms.
38See Footnote "T'.
39See Footnote "27 ".
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106. The above described sixty-six (66) day delay is unreasonable and in violation of the
Public Records Act.
107. din its Photo Response, Defendant imposed an automatic delay by refusing to
respond except "within three business days," even though the Photo Request was received four
(4) days prior to the date appearing on the Defendant's Photo Response and the requested records
were readily available to the Defendant at that time.
108. The Defendant's imposition of an automatic delay has no statutory basis and is,
therefore, in violation of the Public Records Act."
109. The Public Record Act provides that "[i]f 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." See § 119.12, Fla. Stat.
110. Plaintiff has retained counsel and therefore asserts his statutory claim to attorney's
fees and expenses for the preparation of this complaint and any additional purposes for which
attorney's fees and expenses are incurred in this matter.
WHEREFORE, Plaintiff prays this Court:
(a) Set an immediate hearing pursuant to Section 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 1, Section
24 of the Florida Constitution" and the Public Records Act;
40See Footnote "28 ".
41See Footnote "1 ".
21 of 23
(c) Order the Defendants to allow the inspection, copying and photographing of the
requested records (upon payment of the statutorily authorized fees);
(d) Order the Defendants to provide a copy of the requested records in its original
electronic form;
(e) Enjoin the Defendant from denying access to records which are subject to the
Public Records Act:
(f) Award Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this
action, as provided in Section 1] 9.12, Florida Statutes; and
(g) Grant such further relief as the Court deems proper.
cc: John Randolph
Town Attorney
Town of Gulf Stream
22 of 23
Respectfully submitted,
GMMIMADISON P.A.
401 South County Road #3272
Palm Beach, FL 33480 -9991
Tel: 561 -223 -9990
service @g3mlaw.com
Mark J. Hanna /s/
Mark J. Hanna
Florida Bar No. 0045251
561 -723 -8284 (cell & text)
mhanna (@g3mlaw.com
VERIFICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE- ME, the undersigned authority, personally appeared Christopher F. O'Hare,
who, being first duly identified and sworn, deposes and says that this VERIFIED
COMPLAINT is based on records and information known to him, and are true and correct to
the best of hi kno edge, information, and belief.
By.
Name: Christopher F. O'Hare
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEACH )
Sworn to, affirmed, and subscribed before me this II I day of '30011WBr-CC , 2014,
by Christopher F. O'Hare.
NOTARY PUBLIC STATE OF FLORIDA
Sign:!/�CQ
Print Ina L • ftrfir'1
4,Nn:.
(SEAL) R M, I tMH� 2XQ
EXPIRES: A* to, 2018
7 >nd� 5ede/M�iAp NOry Smka
Please indicate Personally Known v-' OR Produced Identification:
Type of Identification Produced.
Page 11 of 1 I
From: beau.joreau <beau.ioreau(@gmail.com>
Dale: Mon, Jun 16, 2014 at 11:57 AM
Subject: emergency record, record request
To: bthrasher(a)qulf-stream.org.didtheyreadit.com
Dear Custodian of Records for the Town of Gulf Stream
This email is a request for a public record. If there is more than one public record that is responsive to this
request, please respond as soon as possible by providing any responsive public record that is easily and
quickly located and obtainable. Please do not withhold any responsive public records while waiting to
locate and obtain all other responsive public records.
If you are not the Custodian of Records for the Town of Gulf Stream, please forward this public record
request to the Town's Custodian of Records. This request is made pursuant to Florida Statutes Chanter
119.07 and Florida Constitution Article 1. Section 24.
Any record relating to the emergency referenced by Mr. Randolph during the discussion of the
emergency ordinance considered by the Town Commission at the public meeting on June 13,
2014. Responsive records to include, but not limited to, memos, emalls, notes, photos, letters,
drawings, sketches, correspondence, phone records of calls where the topic of conversation is
the subject of this record request, faxes, reports or complaints.
Any record relating to the emergency ordinance discussed by the Town Commission at the public
meeting on June 13, 2014. Responsive records to include, but not limited to, memos, emalls,
notes, faxes, reports, photos, letters, complaints, drawings, sketches, ordinances referred to or
taken from, correspondence, minutes, phone records of calls where the topic of conversation is
the subject of this record request.
Please state in writing and with particularity the basis for your conclusions as required by Florida
Statute 6119.07(11(() for any record or any portion of any record that you contend is exempt from
inspection or disclosure. Please cite the specific exemption as required by Florida Statute 4119.07(1)(e)
Please take note of Florida Statue 5119.07(c) and your affirmative obligation 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 am, therefore, requesting
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. See Florida
Statute 119.01(2)(0.
If you anticipate the production of some of these public records will require that would cause you
to require any deposit payment from me, please notify me of any such required payment prior to
conducting any portion of that search which would require such payment. Please first produce any
responsive records that are readily available and do not require any deposit payment prior to producing.
If you anticipate the production of these public records to exceed $1.00 please notify me in advance of
their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to
indicate the total number of pages and /or records, as well as to distinguish the cost of labor and materials
prior to you expending any resources that would require payment from me.
All responses to this public records request should be made in writing to the following email
address: beau.1oreadcOmail.com
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
June 16,2014
Beau joreau [mailto: beau joreau @gmail.com]
Re: emergency record, record request
(a) Any record relating to the emergency referenced by Mr. Randolph during the discussion of the
emergency ordinance considered by the Town Commission at the public meeting on June 13,
2014. Responsive records to include, but not limited to, memos, emails, notes, photos, letters,
drawings, sketches, correspondence, phone records of calls where the topic of conversation is the
subject of this record request, fares, reports or complaints.
(b) Any record relating to the emergency ordinance discussed by the Town Commission at the
public meeting on June 13, 2014. Responsive records to include, but not limited to, memos, emails,
notes, fares, reports, photos, letters, complaints, drmvings, sketches, ordinances referred to or
taken front, correspondence, minutes, phone records of calls where the topic of conversation is the
subject of this record request.
Dear Beau.joreau [mailto: beau joreau @gmail.com],
The Town of Gulf Stream has received your public records request dated June 16, 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.
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 respond to you in a reasonable amount of time
with the appropriate response or an estimated cost to respond.
Sincerely,
Town Clerk
Custodian of the Records
Your original request, dated June 16, 2014, is reproduced in the space below:
From: beau joreau [mailto:beau.joreau @gmail.com]
Sent: Monday, June 16,2014 11:58 AM
To: Bill Thrasher
Subject: emergency record, record request
Dear Custodian of Records for the Town of Gulf Stream,
This email is a request for a public record. If there Is more than one public record that is responsive to this
request, please respond as soon as possible by providing any responsive public record that is easily and
quickly located and obtainable. Please do not withhold any responsive public records while waiting to
locate and obtain all other responsive public records.
If you are not the Custodian of Records for the Town of Gulf Stream, please forward this public
record request to the Town's Custodian of Records. This request Is made pursuant to Florida
Statutes Chapter 119.07 and Florida Constitution Article 1. Section 24.
Any record relating to the emergency referenced by Mr. Bi)ndolph during the discussion of the
emergency ordinance considered by the Town Commission at the public meeting on June 13,
2014. Responsive records to include, but not limited to, memos, emails, notes, photos, letters,
drawings, sketches, correspondence, phone records of calls where the topic of conversation is the
subject of this record request, faxes, reports or complaints.
Any record relating to the emergency ordinance discussed by the Town Commission at the public
meeting on June 13, 2014. Responsive records to include, but not limited to, memos, emails, notes,
faxes, reports, photos, letters, complaints, drawings, sketches, ordinances referred to or taken from,
correspondence, minutes, phone records of calls where the topic of conversation is the subject of this
record request.
Please stale in writing and with particularity the basis for your conclusions as required by Florida
Statute 8119.07! 11(f) for any record or any portion of any record that you contend is exempt from
Inspection or disclosure. Please cite the specific exemption as required by Florida Statute 4119.07(1)(e)
Please take note of Florida Statue 6119.07(c) and your affirmative obligation 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 am, therefore, requesting
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. See Florida Statute §119.01(2)(0.
If you anticipate the production of some of these public records will require that would
cause you to require any deposit payment from me, please notify me of any such
required payment prior to conducting any portion of that search which would require
such payment. Please first produce any responsive records that are readily available
and do not require any deposit payment prior to producing.
If you anticipate the production of these public records to exceed $1.00 please notify me
in advance of their production with a written estimate of the total cost. Please be sure to
itemize any estimates so as to indicate the total number of pages and /or records, as
well as to distinguish the cost of labor and materials prior to you expending any
resources that would require payment from me.
All responses to this public records request should be made in writing to the following
email address: beau.ioreau(cDgmail.com
EXIBHIT eicee
From: beau joreau <beau.ioreau(&gmall.com>
Dale: Tue, Jun 17, 2014 at 10:27 AM
Subject level 2 fees and costs record request tuesday
To: bthrasher(aloulf- stream.ora.didthevreadit.com
Dear Custodian of Records for the Town of Gulf Stream,
This email is a request for a public record. If there is more than one public record that is responsive to this
request, please respond as soon as possible by providing any responsive public record that is easily and
quickly located and obtainable. Please do not withhold any responsive public records while waiting to
locale and obtain all other responsive public records.
If you are not the Custodian of Records for the Town of Gulf Stream, please forward this public record
request to the Town's Custodian of Records. This request is made pursuant toFlorida Statutes Chapter
119.07 and Florida Constitution Article 1. Section 24
All fees collected from applicants for Level 2 architecturallsite plan review during the period from
Jan. 1, 2013 through to July 4, 2013.
All records of costs to theTown for Level 2 architectural/site plan review commensurate with the
collection of those fees.
Please state in writing and with particularity the basis for your conclusions as required by Florida
Statute 611 g.07(1lff) for any record or any portion of any record that you contend is exempt from
Inspection or disclosure. Please cite the specific exemption as required by Florida Statute 6119.07(1)(e)
Please take note of Florida Statue 4119.07(c) 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 am, therefore, requesting 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 orioinal electronic format in which they were created or received. See Flodda
Statute 119.01(2)(f).
If you anticipate the production of some of these public records will require that would cause you
to require any deposit payment from me, please notify me of any such required payment prior to
conducting any portion of that search which would require such payment. Please first produce any
responsive records that are readily available and do not require any deposit payment prior to producing.
If you anticipate the production of these public records to exceed $1.00 please notify me in advance of
their production with a written estimate of the total cost Please be sure to itemize any estimates so as to
indicate the total number of pages and /or records, as well as to distinguish the cost of labor and materials
prior to you expending any resources that would require payment from me.
All responses to this public records request should be made in writing to the following email
address: beau.toreau(a)omail.com
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
June 18, 2014
Beau joreau [mailto: beau.joreau @gmail.com]
Re: level 2 fees and costs record request tuesday
(1) All fees collected from applicants for Level 2 architecmrallsite plat review during the
period from Jan. 1, 2013 through to July 4, 2013.
(2) All records of costs to the Town for Level 2 architecturallsite plan review commensurate
with the collection of those fees.
Dear Beau.joreau [mailto: beau.joreau @gmail.com],
The Town of Gulf Stream has received your public records request dated June 17, 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.
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 respond to you in a reasonable amount of time
with the appropriate response or an estimated cost to respond.
Sincerely,
Town Clerk
Custodian of the Records
Your orieinal request, dated June 17 2014 is reproduced in the space below:
From: beau joreau [mailto:beau.joreau @gmail.com]
Sent: Tuesday, June 17, 201410:27 AM
To: Bill Thrasher
Subject: level 2 fees and costs record request tuesday
Dear Custodian of Records for the Town of Gulf Stream,
This email is a request for a public record. If there is more than one public record that Is responsive to this
request, please respond as soon as possible by providing any responsive public record that is easily and
quickly located and obtainable. Please do not withhold any responsive public records while waiting to
locate and obtain all other responsive public records.
If you are not the Custodian of Records for the Town of Gulf Stream, please forward this public
record request to the Town's Custodian of Records. This request is made pursuant to Florida
Statutes Chapter 119.07 and Florida Constitution Article 1. Section 24
All fees collected from applicants for Level 2 architectural /site plan review during the period from Jan.
1, 2013 through to July 4, 2013.
All records of costs to the Town for Level 2 architectural /site plan review commensurate with the
collection of those fees.
Please state in writing and with particularity the basis for your conclusions as required by Florida
Statute &119.07(11(f) for any record or any portion of any record that you contend Is exempt from
inspection or disclosure. Please cite the specific exemption as required by Florida Statute 4119.07(1)(e)
Please take note of Florida Statue 4119.07(cl 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 am, therefore, requesting 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. See Florida Statute §119.01(2)(0.
If you anticipate the production of some of these public records will require that would
cause you to require any deposit payment from me, please notify me of any such
required payment prior to conducting any portion of that search which would require
such payment. Please first produce any responsive records that are readily available
and do not require any deposit payment prior to producing.
If you anticipate the production of these public records to exceed $1.00 please notify me
in advance of their production with a written estimate of the total cost. Please be sure to
itemize any estimates so as to indicate the total number of pages and /or records, as
well as to distinguish the cost of labor and materials prior to you expending any
resources that would require payment from me.
All responses to this public records request should be made in writing to the following
email address: beau.ioreau(aomail.com
From: beau joreau <beau.ioreau(o)gmail.com>
Date: Wed, Jun 18, 2014 at 8:34 PM
Subject: fees and costs - level 3 - public record request
To: bthrasherO gulf- stream.om.didthevreadit.com
Dear Custodian of Records for the Town of Gulf Stream
This email is a request for a public record. If there is more than one public record that Is responsive to this
request, please respond as soon as possible by providing any responsive public record that is easily and
quickly located and obtainable. Please do not withhold any responsive public records while waiting to
locate and obtain all other responsive public records.
If you are not the Custodian of Records for the Town of Gulf Stream, please forward this public record
request to the Town's Custodian of Records. This request is made pursuant toFlorida Statutes Chanter
119.07 and Florida Constitution Article 1. Section 24.
All fees collected from applicants for Level 3 architectural/site plan review during the period from
Jul. 4, 2013 through to Nov. 30, 2013.
All records of costs to the Town for Level 3 architecturallsite plan review commensurate with the
collection of those fees.
Please state in writing and with particularity the basis for your conclusions as required by Florida
Statute M 19.07(1)I0 for any record or any portion of any record that you contend is exempt from
Inspection or disclosure. Please cite the specific exemption as required by Florida Statute &119.07(1)(e)
Please take note of Florida Statue 6119.07(c) 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 am, therefore, requesting 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 formal please produce
the records in the original electronic format in which they were created or received. See Florida
Statute §119.01(2)(0.
If you anticipate the production of some of these public records will require that would cause you
to require any deposit payment from me, please notify me of any such required payment prior to
conducting any portion of that search which would require such payment. Please first produce any
responsive records that are readily available and do not require any deposit payment prior to producing.
If you anticipate the production of these public records to exceed $1.00 please notify me in advance of
their production with a written estimate of the total cost Please be sure to itemize any estimates so as to
indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials
prior to you expending any resources that would require payment from me.
All responses to this public records request should be made in writing to the following email
address: beau. ioreaufgigmaii.com
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
June 20, 2014
Beau joreau [mailto: beau joreau @gmail.com]
Re: fees and costs - level 3 - public record request
(1) All fees collected from applicants for Level 3 architecturallsite plan review during
the period from Jul. 4, 2013 through to Nov. 30, 2013.
(2) All records of costs to the Town for Level 3 architecturallsite plan
review commensurate with the collection of those fees
Dear Beau joreau [mailto: beau.joreau @gmail.com],
The Town of Gulf Stream has received your public records request dated June 18, 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.
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 respond to you in a reasonable amount of time
with the appropriate response or an estimated cost to respond.
Sincerely,
Town Clerk
Custodian of the Records
t
Your original request, dated June 18 2014 is reproduced in the space below:
From: beau joreau [mailto:beau.joreau @gmail.com]
Sent: Wednesday, June 18, 2014 8:34 PM
To: Bill Thrasher
Subject: fees and costs- level - public record request
Dear Custodian of Records for the Town of Gulf Stream,
This email Is a request for a public record. It there is more than one public record that is responsive to this
request, please respond as soon as possible by providing any responsive public record that is easily and
quickly located and obtainable. Please do not withhold any responsive public records while waiting to
locate and obtain all other responsive public records.
If you are not the Custodian of Records for the Town of Gulf Stream, please forward this public
record request to the Town's Custodian of Records. This request Is made pursuant toFlorida
Statutes Chapter 119.07 and Florida Constitution Article 1, Section 24.
All fees collected from applicants for Level 3 architectural /site plan review during the period from Jul.
4, 2013 through to Nov. 30, 2013.
All records of costs to the Town for Level 3 architectural /site plan review commensurate with the
collection of those fees.
Please state in writing and with particularity the basis for your conclusions as required by Florida
Statute 6119.070)(f) for any record or any portion of any record that you contend is exempt from
inspection or disclosure. Please cite the specific exemption as required by Florida Statute 4119.07(1)(e)
Please take note of Florida Statue 8119.07(c) 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 am, therefore, requesting 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. See Florida Statute §119.01(2)(f).
If you anticipate the production of some of these public records will require that would
cause you to require any deposit payment from me, please notify me of any such
required payment prior to conducting any portion of that search which would require
such payment. Please first produce any responsive records that are readily available
and do not require any deposit payment prior to producing.
If you anticipate the production of these public records to exceed $1.00 please notify me
in advance of their production with a written estimate of the total cost. Please be sure to
itemize any estimates so as to indicate the total number of pages and /or records, as
well as to distinguish the cost of labor and materials prior to you expending any
resources that would require payment from me.
All responses to this public records request should be made in writing to the following
email address: beau.ioreaufoDgmail.com
From: beau joreau <beau.ioreau(damail.com>
Date: Wed, Jun 18, 2014 at 8:33 PM
Subject: fees and costs record request
To: blhrasher( cDculf- stream.orc.didthevreadit.com
Dear Custodian of Records for the Town of Gulf Stream
This email is a request for a public record. If there is more than one public record that is responsive to this
request, please respond as soon as possible by providing any responsive public record that is easily and
quickly located and obtainable. Please do not withhold any responsive public records while wailing to
locale and obtain all other responsive public records.
If you are not the Custodian of Records for the Town of Gulf Stream, please forward this public record
request to the Town's Custodian of Records. This request is made pursuant toFlodda Statutes Chapter
119.07 and Florida Constitution Article 1 Section 24
All records of fees paid by architecturallsite plan review applicants and collected by the Town,
or collected by the Town on the behalf of others, for reports, analysis, recomendations or reviews
during the period from Jul. 4, 2013 through to Nov. 30, 2013.
All records of costs to the Town for reports, analysis, recomendations or reviews during the
period from Jul. 4, 2013 through to Nov. 30, 2013 which were commensurate with the collection of
those fees from architecturallsite plan review applicants.
Please state in writing and with particularity the basis for your conclusions as required by Florida
Statute fi119.07(1)(f) for any record or any portion of any record that you contend is exempt from
inspection or disclosure. Please cite the specific exemption as required by Florida Statute fi119.07(1)(e)
Please take note of Florida Statue 4119.07(c) 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 am, therefore, requesting 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 formal please produce
the records in the original electronic formal in which they were created or received. See Florida
Statute 119.01(2)(0.
If you anticipate the production of some of these public records will require that would cause you
to require any deposit payment from me, please notify me of any such required payment prior to
conducting any portion of that search which would require such payment. Please first produce any
responsive records that are readily available and do not require any deposit payment prior to producing.
If you anticipate the production of these public records to exceed $1.00 please notify me in advance of
their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to
indicate the total number of pages and /or records, as well as to distinguish the cost of labor and materials
prior to you expending any resources that would require payment from me.
All responses to this public records request should be made In writing to the following email
address: beau.ioreau(@gmail.com
r
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
June 20, 2014
Beau joreau [mailto: beau joreau @gmail.com]
Re: fees and costs record request
(1) All records offees paid by arcbitecturallsite plan review applicants and collected by the
Town, or collected by the Town on the behalf of others, for reports, analysis,
recomendations or reviews during the period from Jul. 4, 2013 through to Nov. 30,
2013.
(2) All records of costs to the Town for reports, analysis, recotnendations orreviews during
the period front Jul. 4, 2013 through to Nov. 30, 2013 which were commensurate with
the collection of those fees front architecturallsite plat review applicants.
Dear Beau joreau [mailto: beau joreau @gmail.com],
The Town of Gulf Stream has received your public records request dated June 18, 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.
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 respond to you in a reasonable amount of time
with the appropriate response or an estimated cost to respond.
Sincerely,
Town Clerk
Custodian of the Records
Your original request. dated June 18, 2014, is reproduced in the space below:
From: beau joreau [mailto:beau.joreau @gmail.com]
Sent: Wednesday, June 18, 2014 8:33 PM
To: Bill Thrasher
Subject: fees and costs record request
Dear Custodian of Records for the Town of Gulf Stream,
This email is a request for a public record. If there Is more than one public record that is responsive to this
request, please respond as soon as possible by providing any responsive public record that is easily and
quickly located and obtainable. Please do not withhold any responsive public records while waiting to
locate and obtain all other responsive public records.
If you are not the Custodian of Records for the Town of Gulf Stream, please forward this public
record request to the Town's Custodian of Records. This request is made pursuant toFlorida
Statutes Chapter 119.07 and Florida Constitution Article 1 Section 24.
All records of fees paid by architectural /site plan review applicants and collected by the Town,
or collected by the Town on the behalf of others, for reports, analysis, recomendations or reviews
during the period from Jul. 4, 2013 through to Nov. 30, 2013.
All records of costs to the Town for reports, analysis, recomendations or reviews during the period
from Jul. 4, 2013 through to Nov. 30, 2013 which were commensurate with the collection of those fees
from architectural /site plan review applicants.
Please state in writing and with particularity the basis for your conclusions as required by Florida
Statute 6119.07(11(f) for any record or any portion of any record that you contend is exempt from
inspection or disclosure. Please cite the specific exemption as required by Florida Statute §1 19.070)(e)
Please take note of Florida Statue &119.07(c) 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 am, therefore, requesting 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. See Florida Statute §119.01(2)(0.
If you anticipate the production of some of these public records will require that would
cause you to require any deposit payment from me, please notify me of any such
required payment prior to conducting any portion of that search which would require
such payment. Please first produce any responsive records that are readily available
and do not require any deposit payment prior to producing.
If you anticipate the production of these public records to exceed $1.00 please notify me
in advance of their production with a written estimate of the total cost. Please be sure to
itemize any estimates so as to indicate the total number of pages and /or records, as
well as to distinguish the cost of labor and materials prior to you expending any
resources that would require payment from me.
All responses to this public records request should be made in writing to the following
email address: beau.ioreau anomail.com
Kelly Avery
From:
Postmaster
Sent:
Friday, February 20, 2015 3:22 PM
To:
Local Recipient
Subject:
Jul 1st meeting records_estimate.pdf
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
June 30, 2013
Chris O'Hare
Re: Jul 1st meeting records for public speaking - Public Record Request
(1) Any notes, memos, entails, reports, messages, phone logs, letters, forms, codes, drafts,
draft of any minutes, minutes of previous meetings or any record in any way related to
the writing, creation, drafting, discussion, consideration or reasoning, of the Ordinance
regarding reasonable accommodation procedures or Ordinance No. 1412.
(2) Any record related to any emergency referenced by John Skip Randolph at the meeting
which included the first reading of the Ordinance regarding reasonable accommodation
procedures or Ordinance No. 1412.
(3) Any records created or received since January 2012 related in any way to any individual
who is disabled and /or handicapped, or a provider ofservices to that disabled and /or
handicapped individual, or a person claiming to represent a provider ofservices to
disabled and/or handicapped individuals, who sought, discussed, required or
requested reasonable accommodations related to a handicap or disability.
Dear Chris O'Hare,
This correspondence provides you with an estimate for the records that are responsive to the above
request, July 1st meeting, which was made by you on Friday, June 27, 2014. A portion of #3 is
available as minutes of the February 14, 2014 Town Commission Regular Meeting on our website
at htto: / /www.gglf- stream.ore /minutes- agendas.html.
To produce the other responding documents that you have requested, the Town of Gulf Stream
estimates the need for 130 minutes of administrative support at $39.23 per hour, the labor cost of
the Gulf Stream personnel providing some of the service and 12 minutes of administrative support
at $235.00 per hour, the lowest attorney rate billed to the Town by Jones, Foster, Johnston, &
Stubbs which represents the cost of the personnel providing the service, per Fla. Stat. §
119.07(4)(d). In addition, the actual cost of duplication is estimated to be $16.16, for a total
estimate of $148.16. These costs are itemized below:
Cost of Duplication:
202- 8 %a" x 1 I" pages @ $0.08 $16.16
Labor Cost:
130 minutes - @ $39.23 per hour $85.00
12 minutes — @ $235.00 per hour $47.00
Total estimate:
148.16
Please be advised that this is only an estimate and the actual cost of production may be higher or
lower. Based on the above figures, the Town of Gulf Stream respectfully requests a deposit of
$148.16.
Once the Town has received your deposit, staff will act promptly to produce the requested records.
Once produced the Town will apply your full deposit to the total production costs. If the costs are
less than the deposit, the Town will provide you with a refund of the difference. If the actual
production costs exceed the deposit, the Town will send you a letter with an estimate for the
additional cost of production, and require an additional deposit.
Additionally, please let us know whether you would like to proceed with the fulfilment of your
more than 350 outstanding public records requests. On January 23, 2014, the Town asked for a
deposit related to 146 of your public records requests. Again on March 19, 2014, the Town sent a
letter in response to 197 public records requests made by you. For a number of additional requests,
the Town has provided you with an estimate of the cost of production. Please advise whether you
will be paying for any of these records or if you prefer to withdraw any of your requests.
The Town remains prepared to produce public records, as required, upon receipt of proper deposits
and payments. These payments represent the special service charge needed for extensive use of
information technology resources, clerical assistance, and supervisory assistance under Fla. Stat.
§ 119.07 (4)(d).
By providing you with this estimate, the Town is not waiving its right to collect costs associated
with fulfilment of your other outstanding public records requests.
Sincerely,
Town Clerk
Custodian of the Records
Yon rnsumnal rearrest. dated June 27. 1014. is reproduced in the space belms•:
From: Chris O'Hare ]maittn:cb isoharegulfamam @ gmail.com]
Sent: Friday, June 27, 2014 752 AM
To: Bill Thrasher
Subjecto Jul 19 meeting records for public speaking - Public Record Request
PUBLIC RECORDS REQUEST - I wish d obtain the following records in order to speak publicly and
informatively on the agenda am for the special meeting of the Town Commission on July 1, 20 t4.
Pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 110.07 of the Florida Statutes I
wish to make a public records request of your agency for the following records:
Any noes, memos, mails. reports, messages, phone logs, letters, fortes, sexless. drafts, draft of any
minutes, minutes of previous meet ngs or any record in any way related m the writing, creation. drafting,
dismission, consideration or reasoning, of the Ordinance regarding reasonable ammnmodation
procedures or Ordinance No. 142
Any record related to any emergency referenced by John Skip Randolph at the meeting which included
the first reading of the Ordinance regarding reasonable accommodation procedures or Ordinance No.
1472
Any records created or received since January 2012 related in any way to any individual who is disabled
and orhandieapped, cra pmviderofservieesm that disabled and l or handicapped individual, or
person claiming to represent a providerof services to disabled and I orhandic ipped'ndividuals. who
sought, discussed. required or requested reasonable aemmmodatone related m a handicap or disability.
If you contend that any of Me records I am seeking. or any portion thereof, are exempt from inspeotion or
disclosure please cite the speck exemption as required by fi119.07s1 Nth of the Florida Statutes.
If some records wbirb see respmure to this request me mad0y aceileble, please produce these records as soon as
they are mu0able. Please do nor aathhold any records from me while snatching or pmducmg my other records.
Please rake more of 4119.07(c) Florida Stamen and your affi>madve obligation to (1) promptly acknowledge receipt
of this pubbc records request and(2)stake a good fulh effort which -rludc matingrceenabfe jffr to
drumixpfo r other ojJkers or amploJoes uidlm the agenry rharhersnrh a rworda,L- apt•(rso. the Wm,, or
which the mrord con be acccad.' I am, durefcce, refresdrg that you no* esm• adivub al ion possession of
retards mat pay be respor uae to this public records request m pramne a0 such records on an imm. nn, four.
in the mimnal electronic form., in wbirb sfev arte
If you anticipate the pmdacuon ofthese public records to exceed $1.00 please notify use m adsance of their
productiou with a written estimate ofthe total cos[. Please be me to items any estimates so as to itdicare the total
t umber of pages and or muds, as well as m distingmsh the cost oflabor and materials Please notify me
immediatdypvor ro my action byywn that world require reimbursement from uu m most of $ 1.00.
All responses m this public records request should be made in writing to the forloumg email address:
cm%so m.nsrfo-.. ema0 rem
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
March 26, 2015
Stopdirtygovernment, LLC [mail to: records @commerce - group.com]
Re: GS #1746 (1001)
Provide a copy of the file which is the 1st entry on page 2 of Invoice No. 177409 (File No.
13147.00080), dated December 31, 2014. Attached is page 2 of Invoice No. 177409 (File No.
13147.00080), dated December 31, 2014.
Dear Stopdirtygovemment, LLC [mail to: records(o)commerce- groun.coml,
The Town of Gulf Stream received your public records requests dated January 26, 2015. You
should be able to view your original requests at the following link httv://www2.gulf-
stream. ore/ WebLink8 /0 /doc /35040/Pagel.asox. 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 numbers.
The responsive documents can be found at the same above link.
We consider this matter closed.
Sincerely,
Town Clerk, Custodian of the Records