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HomeMy Public PortalAbout2014CA006112 (5/22/14)*U O W 04 z * * ** CASE NUMBER: 2014CA006112 DIVISION: AG * * ** ,! Filing # 13888657 Electronically Filed 05/20/2014 03:45:28 PM p CITIZENS AWARENESS FOUNDATION, INC., Plaintiff, V. THE TOWN OF GULF STREAM and BRANNON & GILLESPIE, LLC Defendants. THE STATE OF FLORIDA To each Sheriff of the State: IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: SUMMONS YOU ARE COMMANDED to serve this summons and a copy of the complaint in this law suit on defendant: Brannon & Gillespie, LLC 631 US Highway 1, Suite 301 North Palm Beach, Florida 33408 -4620 Each defendant is required to serve written defenses to the complaint or petition on Nick Taylor, Plaintiffs attorney, whose address is 1286 West Newport Center Drive, Deerfield Beach, Florida 33442, within twenty (20) days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on plaintiff's attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against the defendant for the relief demanded in the complaint or petition. DATED on May MAY 21 2014 The O'Boyle Law Firm P.C. Attorneys for the Plaintiff 1286 West Newport Center Drive Deerfield Beach, Florida 33442 Telephone: (954) 574 -6885 Facsimile: (954) 360 -0807 oboylecourtdocs (aloboylelawfirm.com ntaylo boylelawfirm.com SHARON R. BOCK Clerk & Comptroller P.O. Box 4667 West Palm Beach, Florida 33402 -4667 CASE NUMBER: 2014CA006112 DMSION: AG " " "" Filing # 13888657 Electronically Filed 05/20/2014 03:45:28 PM CITIZENS AWARENESS FOUNDATION, INC., Plaintiff, V. TEE TOWN OF GULF STREAM and BRANNON & GILLESPIE, LLC Defendants, THE STATE OF FLORIDA To each Sheriff of the State: IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM. BEACH COUNTY, FLORIDA CASE NO.: SUMMONS YOU ARE COMMANDED to serve this summons and a copy of the complaint in this law suit on defendant: The Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Each defendant is required to serve written defenses to the complaint or petition on Nick Taylor, Plaintiff's attorney, whose address is 1286 West Newport Center Drive, Deerfield Beach, Florida 33442, within twenty (20) days after service of this summons on that defendant, exclusive of the day 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 the defendant for the relief demanded in the complaint or petition. DA. MAY 212014 2014 Court Gina Brimmer The O'Boyle Law Firm P.C. Attorneys for the Plaintiff 1286 West Newport Center Drive Deerfield Beach, Florida 33442 Telephone: (954) 574 -6885 Facsimile: (954) 360 -0807 obovlecourtdoes ( loboylelawfi m.com ntaylorQoboylelawfirm.com SHARON R. BOCK Clerk & Comptroller P.O. Box 4667 West Palm Beach, Florida 33402 -4667 CITIZENS AWARENESS FOUNDATION, INC., V. THE TOWN OF GULF STREAM and BRANNON & GILLESPIE, LLC Defendants. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 2014 -CA- 006112 AG COMPLAINT TO ENFORCE FLORIDA'S PUBLIC RECORDS ACT AND FOR DECLARATORY AND EQUITABLE RELIEF The Plaintiff, CITIZENS AWARENESS FOUNDATION, INC., (hereinafter referred to as "Plaintiff')', by and through the undersigned counsel, hereby sues THE TOWN OF GULF STREAM and BRANNON & GILLESPIE, LLC (hereinafter referred to as "Defendants "), and states: JURISDICTION, VENUE, AND PARTIES 1. This is an action to enforce the provisions of the Florida Public Records Act, Chapter 119, Florida Statutes and Art. I, § 24 of the Florida Constitution. 2. Plaintiff is a Florida not - for -profit corporation with a principle office in Broward County, Florida, and at all times relevant hereto was entitled to the inspection and copying of public records pursuant to the provisions of Chapter 119, Florida Statutes and Art. I, § 24 of the Florida Constitution. 1 Plaintiff is a not - for - profit corporation that may only act through its agents. Therefore, the term " Plaintiff is used interchangeably throughout to refer to the corporation, an agent of the corporation, or both. i 3. Defendant TOWN OF GULF STREAM (Gulf Stream) is a political subdivision of this state and is an "agency" per Chapter 119.011(2) Florida Statutes. 4. Defendant BRANNON & GILLESPIE is a Florida Limited Liability Company with its principle place of business in North Palm Beach, FL and has undertaken to provide services that would otherwise be done or performed by the government, and is thus subject to the Public Records Act. 5. Jurisdiction and venue of this action is appropriate in Palm Beach County, Florida, pursuant to the provisions of F.S. 47.011 and Art. V, § 5(b) of the Constitution of the State of Florida. FACTS PERTAINING TO DEFENDANT GULF STREAM 6. On or about February 19, 2014 Plaintiff submitted a Public Records Request to the Custodian of Records of Gulf Stream via facsimile under the provisions of Chapter 119, Florida Statutes. 7. Specifically, the Plaintiff made a public records request for all schedules, contracts, and communications together with all government records in connection with the Underground Utility project involving Danny Brannon and Brannon & Gillespie. Defendant Gulf Steam denied having access to the requested public records. See Exhibit A 8. The request is a public record as that term is used and defined in Chapter 119, Florida Statutes, including F. S. 119.011(12) and Art. I, § 24(a) of the Florida Constitution. 9. In response to the request, the Town of Gulf Stream sent correspondence to the Plaintiff via electronic mail requesting a deposit of $3,510.00, which allegedly represents 18 hours that Brannon & Gillespie advised that it would take to RMI1 the Plaintiff's request. See Exhibit B. 2 10. Per Section 119.07(4)(d) of the Florida Statutes "if the nature or volume of the public records requested are such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency or both, the agency may charge a special service charge which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor costs of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required or both." 11. Per the Defendant Gulf Stream's response, Brannon & Gillespie estimated the charges of $3,510.00 as an apparent special service charge that it would take them to fulfill the records request. 12. No labor from the Town of Gulf Stream will be used in the fulfillment of the Plaintiffs Public Records Request 12. No information technology resources of Gulf Stream will be used in the fulfillment of the Plaintiff's Public Records Request. 13. Furthermore, if the documentation requested in the Plaintiffs public records request is in Defendant Brannon & Gillespie's possession, Brannon & Gillespie essentially serves as a private, off -site storage complex for Gulf Stream, as such the Plaintiff cannot be charged for the review, production, removal and transport of such documentation from private storage as Section 119.07(4)(d) does not allow for such charges. 14. Lacking any exemption to the Public Records Law, Defendant has an express statutory duty to make the public records available for inspection virtually on demand. See, generally, Fla. Stat. § I 19.07(1)(a); Tribune Co. v. Cannella, 458 So.2d 1075 (Fla. 1984), appeal dismissed sub issue nom., Deperte v. Tribune Co., 471 U.S. 1096 (1985). FACTS PERTAINING TO DEFENDANT BRANNON & GILLESPIE 15. On February 21, 2014 Plaintiff emailed a Public Records request to Defendant Brannon & Gillespie (Brannon) as Defendant Town of Gulf Stream advised that they do not have the requested records. See Exhibit C. 16. Specifically the Plaintiff requested all drafts of contracts between Brannon & Gillespie, LLC and the Town of Gulf Stream as well as all signed contracts as well as all communications between the Town of Gulf Stream and Brannon & Gillespie, LLC, including town commissioners, members of the architectural review and Planning Commission and the Ad Hoc Commission as well as any other employees of the Town of Gulf Stream, including a -mails and all other types of government records. 17. Brannon has not responded to the Plaintiff's public records request 18. The Town of Gulf Stream has delegated a significant part of its core function to Brannon. As such, Defendant Brannon is subject to Chapter 119 Florida Statutes. 19. Defendant Brannon and Gillespie has not provided any exemptions that would justify the denial of the Plaintiff's Public Records request. CHARGING OF AN UNREASONABLE AND UNLAWFUL FEE FOR FULFILLMENT OF PLAINTIFF'S PUBLIC RECORDS REQUEST 20. Plaintiff re-alleges and incorporates by reference the above numbered paragraphs 1 through 19 as if fully alleged herein. 4 21. The Public Records Act requires Defendant Gulf Stream to make the public records available and/or respond to the request within a reasonable amount of time. See Town of Manalaan v. Rechler, 674 So. 2d 789, 790 (Fla. 4th DCA), review denied; 684 So. 2d 1353 (Fla. 1996); State v. Webb, 786 So. 2d 602, 604 (Fla. 1st DCA 2001). 22. The only delay in producing public records permitted under Chapter 119 "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 1078 (Fla. 1984). 23. Defendant's estimate of charges must be reasonable and based on the labor or computer costs actually incurred by the agency. Board of County Commissioners of Highlands County v. Colby, 976 So. 2d 31 (Fla. 2d DCA 2008). 24. Defendant Gulf Stream's estimate is not based on its extensive use of information technology resources or excessive clerical or supervisory assistance by personnel of the agency involved, or both. 25. Defendant Gulf Stream violated its duty by charging the Plaintiff an unreasonable, unjustified and illegal fee in violation of Section 119.07(4)(d) Fla. Stat. 26. The Plaintiff has suffered irreparable harm and has no adequate remedy at law 27. Violation of Section 119.07, Fla. Stat. constitutes an irreparable public injury. 28. Defendant's actions with respect to the public records request discussed herein and in other public records requests made by the Plaintiff and other parties, demonstrate a pattern of non - compliance with the Public Records Act and also a likelihood of future violations such that injunctive relief is appropriate. 29. This matter must be set for immediate hearing. See Fla. Stat. Section 119.11(l). 5 30. All conditions precedent to this action have occurred, been excused or waived. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter a decree enforcing the Public Records Act, Chapter 119, Florida Statutes, including, but not limited to, the following findings and relief: a. Finding that all• schedules, contracts, and communications together with all government records on connection with the Underground Utility project involving Danny Brannon requested on February 19, 2014 are public records not subject to any exemption under Chapter 119, Florida Statutes. b. Ordering Defendant Gulf Stream to immediately provide the records to the Plaintiff in the format described in F.S. 119.01(f), which requires that the records must be provided in the native format of the medium in which the document is maintained. c. Finding that the Defendant Gulf Stream charged an illegal fee in violation of Section 119.07(4)(d) Fla. Stat. d. Finding that Defendants violated the provisions of Art. I, § 24(a) of the Florida Constitution. e. Entering a judgment in favor of Plaintiff against Defendant for all attorney's fees and costs incurred in this matter. f. Providing such additional relief as the Court deems appropriate. COUNT II UNLAWFUL WITHHOLDING OF PUBLIC RECORDS BY DEFENDANT BRANNON AND GILLESPIE 31. Plaintiff re- alleges and incorporates by reference the above numbered paragraphs 1 through 30 as if fully alleged herein. 32. The Public Records Act requires Defendants to make the public records available and/or respond to the request within a reasonable amount of time. See Town of Manalaan v. Rechler, 674 So. 2d 789, 790 (Fla. 4th DCA), review denied, 684 So. 2d 1353 (Fla. 1996); State v. Webb, 786 So. 2d 602, 604 (Fla. 1st DCA 2001). 33. The only delay in producing public records permitted under Chapter 119 "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 1078 (Fla. 1984). 34. Defendant Brannon & Gillespie violated its duty by refusing to provide the documentation requested in the Plaintiff's public records request of February 21, 2014. 35. Violation of Section 119.07, Fla. Stat. constitutes an irreparable public injury. 36. Defendant has suffered irreparable injury and has no adequate remedy at law. 37. This matter must be set for immediate hearing. See Fla. Stat. Section 119.11(1) 38. All conditions precedent to this action have occurred, been excused or waived. 39. Defendant Brannon & Gillespie's actions demonstrate a high likelihood that such unlawful conduct will continue. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter a decree enforcing the Public Records Act, Chapter 119, Florida Statutes, including, but not limited to, the following findings and relief: a. Finding that all drafts of contracts between Brannon & Gillespie, LLC and the Town of Gulf Stream as well as all signed contracts as well as all communications between the Town of Gulf Stream and Brannon & Gillespie, LLC, including town 7 commissioners, members of the architectural review and Planning Commission and the Ad Hoc Commission as well as any other employees of the Town of Gulf Stream, including a -mails and all other types of government records are public records not subject to any exemption under Chapter 119, Florida Statutes. b. Ordering Defendant Brannon & Gillespie to immediately provide the records to the Plaintiff in the format described in F.S. 119.01(f), which requires that the records must be provided in the native format of the medium in which the document is maintained. c. Enjoin Defendant Brannon & Gillespie from violating the Public Records Act d. Finding that Defendants violated the provisions of Art. I, § 24(a) of the Florida Constitution. e. Entering a judgment in favor of Plaintiff against Defendant for all attorney's fees and costs incurred in this matter. f. Providing such additional relief as the Court deems appropriate. Respectfully submitted, Dated: May 20, 2014 THE O'BOYLE LAW FIRM, P.C. Attorneys for Plaintiff 1286 West Newport Center Drive Deerfield Beach, FL 33442 Telephone: (954) 834 -2209 Facsimile: (954) 360 -0807 For Service of Court Documents: oboylecourtdocs (@obovlelawfirm.com 0 ,D ) By: _ /s/ Nick Taylor Nick Taylor, Esq. Florida Bar#0051629 ntaylor@oboylelawfi m E] :) ") EXHIBIT A RECORDS REQUEST (the "Request") Date of Request: 211 9/2014 Requestor's Request ID #: C -108 REQUESTEE: Custodian of Records Town of Gulf Stream REQUESTOR: Citizens Awareness Foundation, Inc. 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: In connection with the Underground Utility Project, which involves Danny Brannon (Engineer), provide all schedules, contracts and communications together with all other government records. ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST IS MADE PURSUANT TO PUBLIC RECORDS ACT, CHAPTER 119 OF THE FLORIDA STATUTES AND IS ALSO REQUESTED UNDER THE COMMON LAW RIGHT TO KNOW, THE COMMON LAW RIGHT OF ACCESS; AND ANY STATUTORY RIGHT TO KNOW (INCLUDING, WITHOUT LIMITATION, ANY STATUTORY RIGHT OF ACCESS, AS APPLICABLE). THIS REQUEST IS ALSO MADE PURSUANT TO THE RIGHTS OF THE REQUESTER PROVIDED IN THE FLORIDA CONSTITUTION. IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED IN ELECTRONIC FORM. IF NOT AVAILABLE IN ELECTRONIC FORM. IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALL ELECTRONIC COPIES ARE REOUESTED 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 Requestor approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any costs imposed to the Requestor by the Agency. L-P/NPR/FRR 0412.13 FORM WorkCenitre 5230A Transmission Report 03 ID Local Name Logo Date / T I ma: 02/18/2014: 11: SEAM Page ;I(LasT Page) Document has been sent. Document Size 8.5X11 -SEF Citizens Awareness Foundation, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Telephone: 954 - 570 -3507 Tel ecopy: 954 - 360 -0807 TELECOPIER TRANSM 17AL PAGE DATE: 2/19%2014 TO: Clldedian of amw Tarn eF 9�ifir•ra 561- 13f -Ola! FROM: mt :aa i.ae.n ranearla�. ne WOR OF PAGES VAMUDDS TRANSMITTAL PAGE 2 IF YOU DO NUrRECE WE ALL PAGES, REAM CALL#954 -MO -7713 ,�aglld e0lmt{gliar _—R"L ba vu: Ira! a9Ifol Amn =ado Dd6ay _OIMr�� Total Pape. Scanned: 2 Total Pages Sent 2 No. Dec. Remote Station Start Time Duration Pages Mode Contents Status 1 7030 5517370168 2- 19;11:55AM SBa 1/ 2 503 AS 2 7030 5817370186 11:57AM 210 2/ 2 S03 RE CP Note: RE: Resend MB: Send to Mailbox BC: Broadcast MP: Multi Polling RV: R ... to Service Pa: Polling RE: Relay Broadcast RS: Relay Send BF: Box Pax Por..rd CPT Completed 5A: Send Again EN: Engaged AS: Aat. Send TM: Terminated EXHIBIT B :D TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail March 21, 20I4 Citizens Awareness Foundation hic. (CAF) [records@commerce- group.com] Re. PUBLIC RECORDS REQUEST - #C -108 - underground utility project In connection with the Underground Utility Project, which involves Danny Brannon (Engineer), provide all schedules, contracts and communications together with all other government records. Dear Citizens Awareness Foundation Inc. (CAF), This letter provides the estimated costs for the production of public records you have requested in your email, `PUBLIC RECORDS REQUEST— #C -108 ", dated February 19, 2014, that we acknowledged on February 19, 2014. In order to provide you with an accurate estimate of the time it would take to provide all responsive documents to your extremely broad request, `In connection with the Underground Utility Project, which involves Danny Brannon (Engineer), provide all schedules, contracts and communications together with all other government records. ", the Town of Gulf Stream respectfully requests a deposit of $3,510.00, which represents 18 hours calculated at a rate of $195.00/hour, per Fla. Stat. § 119.07 (4)(d), the estimated time and rate that Brannon & Gillespie has advised it will take to fulfill your request. However, please be advised that this is only an estimate and the actual cost of production may be higher. Once the Town has received your deposit, Brannon & Gillespie will be advised to undertake the processing of your Public Records Request. If the digital records can be obtained and produced in less than 18 hours, they will be promptly provided to you, with a partial refund of your deposit based on the actual cost of production. If the digital records cannot be obtained within 18 hours, or otherwise produced for a cost less than the deposit, the Town will send you a letter with an estimate for the additional cost of production, and require an additional deposit. If you care to narrow the scope of this request, please let us know. Sincerely, Town Clerk Custodian of the Records Records i4om: Freda Defosse <fdefosse @gulf- stream.crg> Sent: Friday, March 21, 201410:12 AM To: Records Subject: PUBLIC RECORDS REQUEST - #C -108 - underground utility project Attachments PUBLIC RECORDS REQUEST - #C -108 - underground utility project_estimate.pdf TOWN OF GULF STREAM EMAIL DISCLAIMER: PLEASE NOTE: Florida has a very broad public records law. Mostwritten communication to or from local officials regarding town business is considered public records and available to the public and media upon request. Your email communications may therefore be subject to public disclosure. EXHIBIT C CITIZENS AWARENESS FOUNDATION, INC. 1280 WEST NEWPORT CENTER DRIVE DEERFIELD BEACH, FL 33442 March 28, 2014 E -MAIL: DBrannonna,BnGEneineers.com: JGfllesi3ie(@,BnGEngineers.com TELEPHONE #561- 795 -0833 Brannon & Gillespie, LLC 631 US Highway One, Suite 301 North Palm Beach, FL 33408 Attn: Danny P. Brannon, PE, General Partner and James S. Gillespie, PE, LEED AP, General Partner Re: Requestor: Citizens Awareness Foundation, Inc. Requestee: Brannon & Gillespie Request Date: 2/18/14 Gentlemen: Attached please find a copy of the captioned Records Request. To date, we have not had a response from you. If you feel that Brannon & Gillespie are not obligated to provide Public Records pursuant to Chapter 119 of the Florida Statutes, kindly let us know. Otherwise, we would ask that the requested records be provided to us before the close of business on April 4, 2014. Sincerely yours, CITIZENS AWARENESS FOUNDATION, INC. William F. Ring, Jr., President Enclosure P/NPPJFLRR RECORDS REQUEST (the "Request'I Date of Request: 2/21/2014 Requestor's Request ID#: REQUESTEE: Branton & Gillespie, LLC C-109 REQUESTOR: Citizens Awareness Foundation, Inc. REQUESTOWS CONTACT INFORMATION: E- Mail: jmohler @citizensawarenessfoundation.org Fax: 954- 360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: As a contrador /vendor consuhant to the Town of Gulf Stream, it is our understanding that Mat you are subject to Chapter 119 of the Florida Statutes, which is commonly known as the Public Records Ad. Consequently, we make The following Public Records Request: 1. Provide all drafts of contracts between Brannon & Glliies to LLC and the Town of Gulf Stream as well as all signed contracts. 2. Provide all communications between the Town of Gulf Stream and Brannon & Gillespie, LLC, including the Town Commissioners, members or 1 5 Archileciaral Review and Planning e Ad Hoc Commission as well as any other employees of the Town of Gulf Stream. This would include E -Mails and all other tunes of government records. S. Provide all memoranda eceived by Brannon & Gilles le, LLC or created by Brannon & Gillespie, LLC. ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST IS MADE PURSUANT TO PUBLIC RECORDS ACT, CHAPTER 119 OF THE FLORIDA STATUTES AND IS ALSO REQUESTED UNDER THE COMMON LAW RIGHT TO KNOW, THE COMMON LAW RIGHT OF ACCESS; AND ANY STATUTORY RIGHT TO KNOW (INCLUDING, WITHOUT LIMITATION, ANY STATUTORY RIGHT OF ACCESS, AS APPLICABLE). THIS REQUEST IS ALSO MADE PURSUANT TO THE RIGHTS OF THE REQUESTOR PROVIDED IN THE FLORIDA CONSTITUTION. IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED IN ELECTRONIC FORM. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REOUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E-MAIL DELIVERYL, PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requestor approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any costs imposed to the Requestor by the Agency. I:P/NPRIFRR 04.22.13 FORM