The URL can be used to link to this page

Home My Public Portal AboutDefendant's Motion for SanctionsIN 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; Malcom Murphy; Amanda Jones; William Boardman; David Bodker; Richard Mouw; Patricia Randolph; Benjamin Schreier. 3. The Town promptly acknowledged Plaintiffs public records request, as is required by Fla. Stat. § 119.07(l)(c) ("A custodian of public records ... must acknowledge requests to inspect or copy records promptly ...). (See Exhibit "B"). 4. The Town thereafter informed Plaintiff in writing that the only requests for public records responsive to its request had been made to the Town orally. (See Exhibit "C"). Although not required to do so by Florida law, the Town summarized those oral requests for Plaintiff as a courtesy. See AGO 08-29 (agency not required to create list in response to request for information). 5. At the time that Plaintiff filed the Verified Complaint against the Town, as well as since that date, Plaintiff and its attorneys knew or should have known that the claims against the Town for unlawful withholding and automatic delay were not supported by material facts or applicable law. 6. As to Count I for unlawful withholding of public records, Plaintiff knew or should have known that there were no public records responsive to his request that the Town was withholding. The Town informed Plaintiff that there were no public records responsive to Plaintiff s request because the only public records requests that were responsive had been made orally, not in writing. (See Exhibit Q. Because no responsive public records requests had been made in writing, there are no "public records" responsive to Plaintiffs request. 7. As to Count 11 for automatic delay, The Town did not engage in any automatic delay by sending Plaintiff the courtesy acknowledgment of its request attached as Exhibit B, as required by statute. See Fla. Stat. ¶ 119.07 (1)(c) ("A custodian of public records and his or her designee must acknowledge requests to inspect or copy records promptly ...") (emphasis added). 8. The Town did not engage in or have any policy which provides for an automatic delay in the production of public records and the acknowledgment letter the Town sent to Plaintiff does not indicate otherwise. See generally GovERNmENT-IN-Ttm-SUNSHINE-MANUAL (2014 ed.) at p. 141. 9. Section 57.105(1), Fla. Stat. provides that the court shall award reasonable attorneys' fees when the court finds that a party or its attorney "knew or should have known" that a claim or defense: (A) was not supported by the material facts necessary to establish the claim or defense or (B) would not be supported by the application of the then -existing law to those material facts. An award of attorney's fees may be made upon a showing that the claim is clearly devoid of merit both on the facts and the law as to be completely untenable and frivolous. Pappalardo v Richfield Hospitality Services, Inc., 790 So.2d 1226, 1227 (Fla. 4" DCA 2001). The purpose of section 57.105 is to discourage baseless claims, stonewall defenses, and sham appeals in civil litigation by placing a price tag through an attorneys' fees award on the losing parties who engage in such activities. Turovets v. Khromov, 943 So.2d 246, 249 (Fla 4" DCA 2006). 10. In light of the foregoing material facts and applicable law and pursuant to Florida Statute Section 57.105, the Town demands that Plaintiff and its counsel withdraw the above mentioned claims against the Town. 11. In the event that Plaintiff does not withdraw its Complaint within 21 days after service of this Motion, the Town will seek all sanctions available to it under Fla. Stat. §57.105. YMEREFORE, Defendant, the Town of Gulf Stream, respectfully requests that this Court enter an Order awarding it its attorneys' fees and costs against Plaintiff, Citizens Awareness Foundation, Inc., and Plaintiff's counsel, the O'Boyle Law Firm including Giovani Mesa, Esq., pursuant to Fla. Stat. §57.105, and for any further relief the Court deems just and proper under the circumstances. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by email to Giovani Mesa, Esquire, The O'Boyle Law Firm, P.C., 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (gmesa a.obovlelawfirm.coml oboylecourtdocs a.obovlelawfirm.com) this l l'h day of April, 2014 JONES FOSTER JOHNSTON & STUBBS Attorneys Defendant 505 South Flagler Drive, Suite 1100 West Palm Beach, Fl ''A- 33401 Phone: 561651 �/ Fax:561-650-53 / /it 1-2 p:ldocs\13147=0551pIdNj25119.docx John 9.'Randolph Florida Bar No. 129000 irandoloh(@ionesfoster.com Joanne M. O'Connor Florida Bar No. 0498807 ioconnor@jonesfoster.co Ashlee A. Richman Florida Bar No. 091609 arichman@ionesfoster.co Kelly A. Gardner Florida BarNo. 106366 kgardner@jonesfoster.com Your original request, dated February 18, 2014, is reproduced in the space below: Dateoiitequestt _ 211 818 0 1 4 Regwsrpr's Request wk:0113 REQUESTRE: Cus;WdianafItecorcigTown ofaulfsftunn nQUESrOR; Citizen, Aw3macss Ppm i4a m, Inc. REQLtESTOk'SCONT.4CT TNFORh2{TPON! &Moil: recmdsr�commemcr group.com Fau: 954360-W07; Adds= 1280We5tNommdOcrterDsivo.DtrrFe:dBeach £L 33442 REQUEST: PIc31s prmi3s tropics ofall PubrrG Rccotds Requests made 6y say ofthe Wjowkq individuals frond the period bcginningJanuary 1, 2013 tllrougl: the date of this Ngmst: Mkvm Joan Orthwcin; Donna S. VWte; W. Cl=tt Dwing; Robert Clanger, Thomas Stablcy; Soatt Morgan; Paul A Lynas, Ir,; Thomas Smith; Ivlaloom Mutphy; AmaadaJanec; William Bnattlmm; David Badkvr: Richard Mcuw; PatrlclaRaadalph; Bcajamim. Schrelee. AMMONALINFORNIATMNRBOA"NG 1t1 QUEST: THIS REQUESTIS NIAM21JI SUANT TO PUBLIC RECORIIE ACT, CtTAPTER 119 OFTHE FLQRMA STATU IM AND IS ALSO REQ'6WEA UNDER THE CONIDION LA1S' RIGHT T(1 "QW, THE COMMON LAW RIGHX OT ACCESS; AND ANY STATUTORY 17XGY TO "OW 9WCLUDING, NVCI'R'C(UT LIMIT ATIGN, ANY STATUTORY RIGHT OB ACCESS, AS AYMICABLS}, THIS REQUEST IS ALSO MAD) PURSUANT TO TM RIGHTS OF TFT RP.QUESTOR PRO'4T1Y M tiff T13E FLORIDA CONSTTTMON, REC—Q Tt SJMUIMT SE FULEMLID ON I I,X I711APER. NWE: M AI,T, s^aSRF I_U_RLES F6sP0!1SMM THE COPIVIS SHQUL-Up us Twb gim ATtI1 SHOULD BB imp cY31N MROMM9 W(TF! &09M 119MM [at 121 AT,*L XXX4MR0rgC COPIES ARE REOMSTED TO f&F FENT BY EMAIL DljT YCr AV. PLAASE PROVIDE TAE APPROMIATE COSTS (IF ANY) M Ft7l CF)iL I')M PUBLIC I',ECORDS REQUEST N ADVANCZ. The Town's acknowledgement of the above Public Records Request, dated February 19. 2014 is reproduced In the space below: TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail February 19, 2014 Citizens Awareness Foundation Inc. (CAF) [records@commerce-goup.com] Re: PUBLIC RECORDS REQUEST - #C-113 - public records requests Please provide copies of all Public Records Request 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; Malcom Murphy; Amanda Jones; William Boardman; David Bodker; Richard Mouw; Patricia Randolph; Benjamin Schreier. Dear Citizens Awareness Foundation Inc. (CAF), The Town of Gulf Stream has received your public records request dated February 19, 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 F)( -D TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via email March 19, 2014 Citizens Awareness Foundation Inc. (CAF) [recordsCla commerce-group.com] Re: PUBLIC RECORDS REQUEST - #C-113 - public records requests Please provide copies of all Public Records Request 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 r;Thomas Smith; Malcom Murphy; Amanda Jones, William Boardman; David Bodker; Richard Mouw, Patricia Randolph; Benjamin Schreier. Dear Citizens Awareness Foundation inc. (CAF), This letter provides you with the full responsive production of the public records requested in your email dated February 18, 2014 that we acknowledged on February 19, 2014. This correspondence is reproduced below for your convenience. The following requests were made orally to our office: Date of Request Reguestor 2/5/2014 William Boardman 2/18/2014 Joan Orthwein 2/28/2014 William Boardman Records Requested O'Boyle/Gulf Stream settlement agreement and O'Boyle candidate filing papers Copies of pictures of O'Boyle's house with the parody paintings on it Copies of two most recent lawsuits filed by Martin E. O'Boyle against the Town of Gulf Stream Unless we hear back from you, we consider this matter closed, Sincerely, Town Clerk Custodian of the Records Ex -L