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Home My Public Portal AboutPRR 15-2058From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Tuesday, November 17, 2015 7:15 AM To: Bill Thrasher <bthrasher@gulf-stream.org> Subject: Public Record Request - dismissed cases and sanctions Dear Custodian of Records, This email is a singular request for a public record. Please respond to this public record request in a singular manner and do not combine this public record request with any other public record requests when responding to this request. Before making this public record request, I first searched the public records portion of your agency's website hoping I could locate the public record I seek without having to trouble you for it. Unfortunately I can not find the records I wish to examine. I request you provide for my inspection the public record which is: On September 17, 2015 Mayor Morgan sent a letter to the residents of Gulf Stream and in that letter he made certain statements concerning the existence of three cases he claims were dismissed and three motions for sanctions he claims were made. These six records are mentioned in the first paragraph of page two of Mayor Morgan's letter. I wish to inspect the first page of each of the these six records. I make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of the Florida Statutes. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by 0119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by 4119.07(1)(fl of the Florida Statutes. Please take note of a 119.07(1)(c) Florida Statues 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, ifso, 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 $119.01(2)(f). Florida Statutes. Please provide only those records for inspection that do not require extensive use of information technologies or extensive staff time or both in excess of 15 minutes. Please take note of 4 1 19.07(4)(a)3.(d) Florida Statues and if you anticipate that any records exist, the production for inspection of which will require extensive use of information technologies or extensive staff time or both in excess of 15 minutes, then please advise me of the cost you anticipate to be incurred by your agency prior to incurring this cost. Please do not incur any costs on my behalf without first obtaining my written authorization to proceed. If you anticipate the need to incur any costs that I would be statutorily required to pay in order to inspect these public records which would exceed $1.00 please notify me in advance of your incurring that cost 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. Again, please do not incur any costs on my behalf without first obtaining my written authorization to proceed. I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes. All responses to this public records request should be made in writing to the following email address: chrisoh areeulfstream(a.email.com IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 2014CA003396 AB CITIZENS AWARENESS FOUNDATION, INC., Plaintiff, VS. TOWN OF GULF STREAM, Defendant. DEFENDANT'S MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. 457.105 Defendant, Town of Gulfstream ("Defendant" or the "Town"), moves the Court to sanction Plaintiff, Citizens Awareness Foundation, Inc., and its counsel, the O'Boyle Law Firm including Giovani Mesa, Esq., jointly and severally (collectively "Plaintiff'), pursuant to Section 57.105, Florida Statutes. In support, Defendant states as follows: 1. By its Complaint to Enforce Florida's Public Records Act and for Declaratory and Monetary Relief ("Complaint"), Plaintiff has sued the Town in two counts for alleged violations of Florida's public records laws, Chapter 119, Fla. Stat. Plaintiff asserts that the Town (1) unlawfully withheld public records responsive to its public records request and (2) imposed an unlawful "automatic delay" by sending Plaintiff correspondence acknowledging the Request. 2. Specifically, on February 19, 2014, Plaintiff made the public records request attached hereto as Exhibit "A," seeking: ... copies of all Public Records Requests made by any of the following individuals from the period beginning January 1, 2013 through the date of this Request: Mayor Joan Orthwein; Donna S. White; W. Garrett Dering; Robert Ganger; Thomas Stanley; Scott Morgan; Paul A. Lyons, Jr.; Thomas Smith; Filing # 12940753 Electronically Filed 04/25/2014 01:30:35 PM IN THE CIRCUIT COURT OF THE 15' JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CITIZENS AWARENESS FOUNDATION, INC., Plaintiff, V. THE TOWN OF GULF STREAM, Defendant. CASE NO.: 2014CA003396 AB NOTICE OF VOLUNTARY DISNIISSAL WITHOUT PREJUDICE Plaintiff, CITIZENS AWARENESS FOUNDATION INC, by and through undersigned counsel hereby provides a notice of voluntary dismissal without prejudice of the above - referenced action. This voluntary notice of dismissal is without prejudice. I HEREBY CERTIFY that a copy hereof has been served and filed through the Florida Court E -Filing Portal this 25th day of April, 2014 to: Joanne O'Connor, Esquire, Jones Foster Johnson & Stubbs, jrandolph@jonesfoster.com. THE O'BOYLE LAW FIRM, P.C. Attorneys for Plaintiff 1286 West Newport Center Drive Deerfield Beach, FL 33442 Telephone: (954) 834-2201 Facsimile: (954) 360-0807 For Service of Court Documents: oboylecourtdocs@obovielawfu-rn.com By: /s/ Giovani Mesa Giovani Mesa, Esq. Florida Bar 4008679 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502013CA018102N XX}t MB AA CHRISTOPHER F. O'HARE, Plaintiff, VS. TOWN OF GULF STREAM, Defendant. DEFENDANT'S MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. 07.105 Defendant, Town of Gulfstream ("Defendant" or the "Town"), moves the Court to sanction Plaintiff, Christopher F. O'Hare, and his counsel, Mark J. Hanna, jointly and severally (collectively "Plaintiff'), pursuant to Section 57.105, Florida Statutes. In support, the Town states as follows: By his Verified Complaint to Enforce Florida's Public Records Act and for Declaratory, Injunctive and Monetary Relief ("Verified Complaint"), Plaintiff has sued the Town in two counts for alleged violations of Florida's public records laws, Chapter 119, Fla. Stat. Plaintiff asserts (1) an unreasonable delay in responding to a public records request and (2) the alleged imposition of an unlawful "automatic delay." 2. Plaintiff asserts that the following request, made on September 26, 2013 and renewed on October 22, 2013 (the "Variance Information Request"), constituted a request for public records to which the Town unreasonably delayed in responding: The specific section number AND section language of the Town of Gulf Stream Code that provides for an applicant to apply for a variance from the regulations of Chapter 70 of the Town's Zoning Code. Filing # 13025929 Electronically Filed 04/28/2014 09:18:54 PM CHRISTOPHER R O'HARE, Plaintiff, VS. TOWN OF GULF STREAM, Defendant. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 50 2013 CA 18102 AA JURRIC0110151►$ 0 KIM rowd 1 .• The Plaintiff, CHRISTOPHER OWARE , by and through his undersigned counsel and in accordance with the Fla.R.Civ.P. 1.420, voluntarily dismisses the above -captioned action without prejudice. I certify that on April 28, 2014, I electronically filed this document with the Clerk of Court and served the following E -service recipients using the Florida Courts E -Filing Portal system in accordance with AOSC13-49:Joanne M. O'Connor at joconnor@jonesfoster.com, mmacfarlane@jonesfosteccom, John C. Randolph at jrandolph@jonesfoster.com, smatias@jonesfosteccom, Kelly A. Gamer at kgardner@jonesfoster.com (Telephone Number 561-650-0498). A paper copy has not been mailed to any party. 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 cc: Judge Peter Blanc Christopher F. O'Hare (pinegd@gmail.com) IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502014CA000818XXXXMB AG CHRISTOPHER F. O'HARE, Plaintiff, VS. TOWN OF GULF STREAM, Defendant. DEFENDANT'S MOTION FOR SANCTIONS PURSUANT TO FLA. STAT. &57.105 Defendant, Town of Gulfstream ("Defendant" or the "Town"), moves the Court to sanction Plaintiff, Christopher F. O'Hare, and his counsel, The O'Boyle Law Firm and Ryan L. Witmer, Esq., jointly and severally (collectively "Plaintiff'), pursuant to Section 57.105, Florida Statutes. In support, the Town states as follows: 1. By his Verified Complaint to Enforce Florida's Public Records Act and for Declaratory, Injunctive and Monetary Relief ("Verified Complaint"), Plaintiff asserts one count for unlawful withholding of public records. 2. Specifically, Plaintiff asserts that as of the time he filed the Verified Complaint on January 22, 2014, the Town had unreasonably delayed for 48 days and failed to produce public records responsive to a request made by Plaintiff on December 4, 2013. (Compl. ¶120-21, 33). 3. The public records request at issue, characterized in the Verified Complaint as a December 4, 2013 "Follow -Up Request" is attached to the Verified Complaint as Exhibit D. (See id.). That request acknowledged that the Town had responded to an earlier public records Filing # 13472879 Electronically Filed 05/09/2014 10:15:43 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CHRISTOPHER F. O'HARE, Plaintiff, V. TOWN OF GULF STREAM, Defendant. CASE NO.: 2014 CA 000818 AG NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE Plaintiff, CHRISTOPHER O'HARE, by and through undersigned counsel hereby provides a notice of voluntary dismissal without prejudice of the above -referenced action. This voluntary notice of dismissal is without prejudice. I HEREBY CERTIFY that a copy hereof has been served and filed through the Florida Court E -Filing Portal this 9'h day of May, 2014 to: Joanne M. O'Connor, Esquire, Jones, Foster, Johnson & Stubbs, P.A., 505 S. Flagler Drive, Suite 1100, West Palm Beach, Florida 33442, joconnor@jonesfoster.com. THE O'BOYLE LAW FIRM, P.C. Attorneys for Plaintiff 1286 West Newport Center Drive Deerfield Beach, FL 33442 Telephone: (954) 834-2201 Facsimile: (954) 360-0807 For Service of Court Documents: obovlecourtdocs(a,)oboylelawfirm.com By: /s/ Ryan Witmer Ryan Witmer, Esq. Florida Bar #0107563 ¢mesal7a,oboylelawfirm.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 23, 2015 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #2058 (dismissed cases and sanctions) On September 17, 2015 Mayor Morgan sent a letter to the residents of Gulf Stream and in that letter he made certain statements concerning the existence of three cases he claims were dismissed and three motions far sanctions he claims were made. These six records are mentioned in the first paragraph of page two of Mayor Morgan's letter. I wish to inspect the first page of each of the these six records. Dear Chris O'Hare [mail to: chrisohareeulfstream(a)amail.coml, The Town of Gulf Stream received your public records request on November 17, 2015. You should be able to view your request at the following link htto://www2.eulf- stream.ore/weblink/O/doc/71449/Pagel.asox. 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