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IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CITIZENS AWARENESS FOUNDATION INC.,
Petitioner,
V.
TOWN OF GULF STREAM,
Respondent.
CASE NO.: 2014- CA006360 AN
PETITION FOR WRIT OF MANDAMUS OR IN THE ALTERNATIVE
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
COMES NOW, CITIZENS AWARENESS FOUNDATION INC. ( "Petitioner "), by and
through his undersigned counsel, files this Petition for Writ of Mandamus pursuant to Florida
Rule of Civil Procedure 1.630, and alternatively a Complaint for Declaratory and Equitable
Relief pursuant to Chapter 119, Florida Statutes, against the TOWN OF GULF STREAM
( "Respondent') and states:
JURISDICTION, PARTIES AND SUBJECT MATTER
1. This is an action to enforce the public right of access to records of government as
guaranteed by Art. I, § 24(a), Constitution of Florida, and by Sec. 119.07(1), Florida Statutes.
2. Petitioner seeks a writ of mandamus under Fla. R. Civ. P. 1.630 for the purpose of
enforcing the public right of access to records of government.
3. This court has jurisdiction of this cause pursuant to art V, § 5, Fla. Const., Fla. R. Civ.
P. 1.630, and §§ 86.011, and §119.11.
1
4. Petitioner requests that this Court expedite consideration of this cause pursuant to Sec.
119.11(1) which states "(w)henever an action is filed to enforce the provisions of this chapter,
the court shall set an immediate hearing, giving the cause priority over other pending cases." See
Salvador v. Fennelly, 593 So.2d 1091 (Fla. 4th DCA 1992) ( "...a hearing, if requested, must be
given priority over more routine matters, and a good faith effort must be made to accommodate
the legislative desire that an immediate hearing be held. ")
5. Petitioner is a Florida Corporation with its principal office in Broward County, Florida.
6. Respondent is a municipality organized in Palm Beach County and existing under the
laws of the State of Florida.
7. Respondent is an agency for the purposes of Chapter 119, the Florida Public Records
Act. Fla. Stat. § 119.011(2).
8. Respondent is the custodian of the public records to which Petitioner seeks access in
this action.
9. This Court is the appropriate venue for the vindication of Petitioner's civil rights
because the cause of action accrued in Palm Beach County.
10. All conditions precedent to the bringing of this action have occurred and Petitioner is
entitled to the writ of mandamus sought herein.
FACTS
11. On May 16, 2014, Petitioner submitted a public records request to Respondent, Town
of Gulf Stream, ( "Respondent ") for "copies of all billings and payments from and to the law
firm of Sweetapple, Broeker & Varkas, P.L. (including Robert Sweetapple, singularly) for the
billing period of April 2014. ( "Request ") (See Exhibit "A ")
12. The Petitioner requested that the records request be fulfilled in electronic form, if
available.
13. On May 21, 2014, Respondent partially responded to the Request by producing
redacted documents and an invoice entry with writings on top of the document that has been cut
off or truncated so as to impair the legibility (an effective redaction). See Exhibit B.
14. The Respondent failed to identify the exemptions that justify the redaction, in
violation of Chapter 119.07(e), which states that if the person who has custody of a public record
contends that all or part of the record is exempt from inspection and copying, he or she shall state
the basis of the exemption that he or she contends is applicable to the record, including the
statutory citation to an exemption created or afforded by statute.
15. In fact, there are no statutory exemptions that apply to the requested records.
16. The Respondent also has failed to provide the entire requested documentation as the
top of the documentation titled "Gulf Stream Operating Account' has been partially cut off, and
not included in the document. This truncation acts as a de facto redaction.
17. The Respondent failed to produce the requested documentation in its original
electronic foam as the check provided by the Respondnet was originally produced via a specific
computer program which retains the information once the check is produced.
18. On May 23, 2014, Respondent withdrew their response in a letter sent to the
Petitioner which enigmatically stated that the outstanding responsive documents existed. The
letter neither identifies when the request will be fulfilled by the Respondent, nor attempts to
request an extension of time to respond. The letter is attached as Exhibit C.
COUNT
COMPLAINT FOR MANDAMUS FOR COPIES OF REQUESTED PUBLIC RECORDS
18. Petitioner adopts and re- alleges paragraphs 1 through 18.
19. Petitioner has a clear legal right to have the Respondent perform its nondiscretionary
duty of producing all records responsive to his Request.
20. Petitioner reasonably and properly invoked the statutory duty of Respondent under
Fla. Stat. § 119.07(1)(a), to "furnish a copy ... of the record."
21. Respondent's continuing refusal to allow access to the non - exempt public records in
their original electronic format is a refusal to perform an official ministerial duty in violation of
Section 119.07, Florida Statutes. See, e.g., Mills v. Doyle, 407 So. 2d 348 (Fla. 4th DCA 1981);
YonStephens v. Score Board of Sarasota County, 338 So. 2d 890 (Fla. 2nd DCA 1976).
22. Respondent's illegal redaction of non - exempt public records is a refusal to perform
an official ministerial duty in violation of Section 119.07 Florida Statutes.
23. Respondent's refusal to provide the state the basis of each alleged exemption and the
citation identifying it is a refusal to perform an official ministerial duty in violation of Section
119.07 Florida Statutes.
24. As such, a Writ of Mandamus is the appropriate remedy to compel Respondent to
perform the specific, ministerial duty of permitting the inspection, examination, and copying of
the requested record by any person desiring to do so, at reasonable times, under reasonable
conditions, pursuant to Section 119.07, Florida Statutes. See, e.g., Downs v. Austin, 522 So. 2d
931, 932 -35 (Fla. lst DCA 1988) (directing circuit court to enter writ of mandamus compelling
disclosure of public records); City of Gainsville v. State ex rel. Int'1 Assn of Firefighters, Local
2157, 298 So. 2d 478, 479 -80 (Fla 1st DCA 1974) (affirming circuit court's entry of writ of
mandamus requiring release of public records).'
1 To be entitled to the relief of mandamus, the plaintiff must establish "a clear legal right to performance of the act
requested, an indisputable legal duty, and no adequate remedy at law." Smith, 696 So. 2d at 815 (citing Turner v.
Singletary, 623 So. 2d 537 (Fla. 1st DCA 1993)). The clear legal right to access to a public record flows from the
Florida Constitution, which provides that "[elvery person has the right to inspect or copy any public record made or
4
I.7)
25. Petitioner has no other adequate remedy to compel the Respondent to perform her
duty to furnish copies of the requested records.
26. Petitioner has stated a prima facie case for the relief requested in that he has alleged
that he made a lawful request for copies of public records and that Respondent has ignored the
request, refused to produce the documentation in its original electronic form, denied the request
by refusing to produce all non - exempt records responsive to his Request, and/or refused to
identify or cite to any exemptions claimed.
27. Therefore, Petitioner is entitled to the writ of mandamus requiring Respondent to
produce all requested records or to show cause why it should not do so.
28. Petitioner has retained the undersigned counsel, who is entitled to reasonable
attorneys' fees pursuant to § 119.12, Florida Statutes.
WHEREFORE, Petitioner asks this Court to:
a. Grant this matter expedited consideration pursuant to Fla. Stat. 119.11(1);
b. Issue its writ of mandamus directed to Respondent, compelling the Respondent as custodian of
the records to:
L produce copies of the requested unredacted records to Petitioner; or
ii. in the alternative, to show cause to this Court why the Respondent should not do so.
c. Award Petitioner her attorneys' fees and costs as provided by Fla. Stat. § 119.12(1);
d. order an in Camera inspection under s. I I9.07(g) F. S.
e. Grant such other relief as may be proper.
COUNT II
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..." Art. 1, § 24(c), Fla. Const.
COMPLAINT FOR DECLARATORY AND EQUITABLE RELIEF
29. Alternatively, Petitioner seeks a declaratory and equitable relief as the Petitioner has
the right to a copy of the requested records under Section 119.07(1)(a), Florida Statutes.
30. Petitioner incorporates by reference the allegations contained in paragraphs 1 through
17, as if fully set forth herein.
31. Respondent has failed to produce the requested documentation in its entirety, has
made illegal redactions to the documents without their being statutory exemptions that allow
them, and has failed to state the basis of the exemption that he or she contends is applicable to
the record, including the statutory citation to an exemption created or afforded by statute.
32. Petitioner is interested in his rights under the Public Records Act, as well as the
Respondent's obligations as the custodian of records. A dispute exists about those rights and
obligations, and Petitioner seeks a declaration of his rights under the Public Records Act.
33. Petitioner has suffered irreparable harm and has no other remedy at law.
34. The Respondent's continued past violation of Chapter 119 Florida Statues makes
future violation likely.
35. Petitioner has retained the undersigned counsel, who is entitled to reasonable
attorneys' fees pursuant to Section 119.12, Florida Statutes.
WHEREFORE, Petitioner seeks, pursuant to Chapter 86, Florida Statutes, a declaration by this
Court that:
a. Respondent unlawfully redacted and refused to release the requested records;
b. Respondent is obligated to produce the non - exempt records immediately and state the basis of
the exemption that he or she contends is applicable to the record, including the statutory citation
[7
to an exemption created or afforded by statute;
c. enjoin the Respondent from violating the Public Records Act.
d. Petitioner is entitled to an award of reasonable attorneys' fees and costs incurred in this action
as provided in § 119.12, Florida Statutes; and
e. Petitioner is entitled to such further relief as the Court may deem just and proper.
Respectfully submitted,
Dated: May 27, 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 eoboylelawfirm.com
By: /s/ Nick Taylor
Nick Taylor, Esq.
FloridaBar #0051629
ntaylor @oboylelawfirm.com
EXHIBIT
RECORDS REQUEST (the "Request'!
Date of Request: 5/16/2014
Requestor's Request ID #: 559
REQUESTEE: Custodian of Records Town of Gulfstream
REQUESTOR: CITIZENS AWARENESS FOUNDATION, INC.
REQUESTOR'S CONTACT INFORMATION: E -Mail: imohler( a) citizensawarenessfoundation.or¢
Fax: Attn: CAM (Qa 954- 360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL
33442
REQUEST: Provide a copy of all billings and payments from and to the law firm
of Sweetapple, Broeker & Varkas, P.L. (including Robert Sweetapple, singularly)
for the billing period of April, 2014.
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 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 Requestor approve of any costs, asserted by the Agency (as defined in
"Florida Statute Chapter 119.01 (Definitions)), in'advance of any costs'im osed to'theRe uestor'b
Y. .
the Agency.
I:PWP,/FLRR
5/1612014
EXHIBIT B
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Slveetapple, Brdelcer, Writes, P.L.
20 South East 3rd. Street
Boca Raton, FL 33432
Telephone: (561)392 -1230
Fax: (561)394-6102
OF GULF .STREAM
P iJAYMENT APPROVED -4
Amount rl'i , i`l
{By_ f Date V
!Check# ii9UI Date
ClientNumber. 00949 Town of Gulf Stream
MalterNumber. 1679 O'Boyle vs. Town of Gulf Stream
For services.Rendcrad Through 4/292014.
Fees
Ali
April 29, 2014
Invoice No, 10134
Date
Tmknr
Duscrinlion
Hours
Amount
04101/2014
RS
Review file; Conference; Prepare for meeting.
1.00
$350.00
04/0212014
RS
Conferences; Review case law.
1.50
$525,00
04/032014
RS
Travel and attend meeting with town attorney and Scott Morgan;
7.50
52,625.00
Begin review all files provided by Jones Foster (evening). (Date
04/02).
04/04/2014
RS
Conferences.
0.30
5105.00
04/0612014
RS
Continue reviewing -files.
1.50
$525.00
04/1412014
RS
Review Sunshine and public #ecords cases and status regarding
1.00
$350.00
pending claims; Receive and review emails.
04/17/2014
RS
Conference with =; Conference with_
0.30
$105.00
0411812014
RS
Review reports and correspondence.
0.40
$140.00
0421/2014
RS
Review files.
1.50
$525.00
04/212014
RS
Review emails, memos and cases; Research regarding and
2.20
5770.00
email to opposing counsel.
04/2.3/2014
RS
Review correspondence and emails.
0.40
5140,00
OQI242014,
R5.
Prepare. travel.and attend hearing and settlement conference.
2.50
5875,00
04125/2614
RS
Review �frles.
0.50
9175:00
Continued On Neat Page
Client-Number: 00949
MatterNumber: 1679
04/25014 RS Receive and.review files; Conference with 1=1
04/36!2014 RS Conference; Work on M
04/29/2014
Paga: 2
0.60 5210.00
0.40 $140.00
Billable Hours / Foes: 21.60 S7,560.00
Cost Detail
Data Descrinnan Amoun t Cheek No.
04/292014 Photocopy Charges -April 2014 $12.25
04128/2014 Postage - April 2014 1.92
Total Costs 574.7
Prior Bniance: $0.00'
Payments Received: $0.00
Current Fees: 57,560.00
Advanced Casks: $14.17
TOTAL AMOUNT DUE: 57,574.17
PLEASE REMIT TO: SWEETAPPLE. BROEKER & VARKAS. P.L.
20 S.E. 3rd. STREET. BOLA RATON. FL 33432
PLEASE INDICATE INVOICE NUMBER ON CHECK. THANK YOU!
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EXHIBIT C
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
May 23, 2014
Citizens Awareness Foundation, Inc. Umohler@ citizensawarenessfoundation .org]
Re: PUBLIC RECORDS REQUEST —559 - billings & payments for Sweetapple for 4/14
Provide a copy of all billings and payments from and to the law firm of Sweetapple, Broeker &
Parkas, P.L. (including Robert Sweetapple, singularly) for the billing period of April, 2014.
Dear Citizens Awareness Foundation, Inc. omohler@ citizensawarenessfoundation .org],
Please allow this correspondence to withdraw our previous response dated May 21, 2104, to the
public records request above. We are diligently working to respond to your request and we will
promptly send you the appropriate response or an estimated cost to respond.
Sincerely,
Town Clerk
Custodian of the Records