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HomeMy Public PortalAboutPRR 16-2170From: lou.roeder@gmail.com [mailto:lou.roeder@gmail.com] On Behalf Of Lou Roeder Sent: Wednesday, April 27, 2016 5:59 PM To: Rita Taylor <RTaylor@gulf-stream.org> Subject: PUBLIC RECORDS REQUEST for TRANSCRIPT of HANNA DEPOSITION, taken 4/15/16 THIS IS A PUBLIC RECORDS REQUEST ATTENTION: Custodian of Public Records for the Town of Gulf Stream, FL It has come to my attention that both the law firms of COLE, SCOTT & KIS SANE, P.A., and JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. with regard to CASE NO.: 9:14-ev-81250-KAM in the U.S. District Court for the Southern District of Florida, have ordered and recently received from Esquire Court Reporting, a copy of the transcript for the below referenced hearing. Per State, Department of Health and Rehabilitative Services v. Southpointe Pharmacy, 636 so. 2d 1377, 1382-1383 (Fla. 1st DCA 1994), the court held that a transcript of a hearing that had been copyrighted by the court reporter and filed with the agency should be made available in accordance with the fees set forth in Ch. 119, F.S. And per AGO 75-304, the agency may not enter into agreement with court reporter to refer all requests for copies of agency proceedings to court reporter who originally transcribed proceedings; and the agency must provide copies of transcripts in accordance with charges set forth in the Public Records Act - see 2015 Florida Sunshine Manual, pg 154 So, pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes, I wish to make a public records request of your agency for the following records: Transcript of the Deposition of Mark J. Hanna held on Friday, April 15, 2016 in the matter Of CASE NO.: 9:14-cv-81250-KAM - same requested in digital PDF format. All responses to this public records request should be made in writing, first to the following email address: lou(7a louroeder.com, or in the alternative to fax number: 866-61-6090. If the public records being sought are maintained by your agency or your vendor in an electronic format, please produce the records in the original electronic PDF file format, the format in which they were provided by your vendor. See §119.01(2)(f), 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 §199.07(I)(e) of the Florida Statutes and state in writing, and with particularity, the basis for your conclusions as required by §119.07(1)(1) of the Florida Statutes. Please take note of § 119.07(c) Florida Statutes 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 requested records are not all readily available, I will accept them piecemeal. I request that whichever records are readily available be provided to me immediately; and those other records be provided to me as soon as possible. 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. If the records are requested in PDF format, and can be more quickly provided if delivered on a flash drive, then I will pay the reasonable cost of same. THANK YOU Louis Roeder Attorney at Law Phone: 407-758-4194 Email: lou@louroeder.com Address: 7414 Sparkling Lake Road, Orlando, FL 32819 CONFIDENTIA=NOTE. This email message and any attachments may contain confidential, privileged and non -disclosable information. The information is intended only for the use of the individual or entity named on this email. Ifyou are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this email information, is strictly prohibited and that the documents should be returned to the sender immediately. If you have received this email in error or by accidental transmission, please notify the sender by return email immediately, delete all electronic copies of this email and all attachments and destroy all hard copies. Thankyou. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 3, 2016 Lou Roeder [mail to: lou@louroeder.com] Re: GS # 2170 (TRANSCRIPT of HANNA DEPOSITION, taken 4/15/16) Transcript of the Deposition of Mark J. Hanna held on Friday, April 15, 2016 in the matter of CASE NO.: 9:14-cv-81250-KAM- same requested in digital PDFformat. Dear Lou Roeder [mail to: loualouroeder.coml, The Town of Gulf Stream has received your original record request dated April 27, 2016. Your original public records request can be found at the following link httv://www2.gulf- stream.ore/weblink/0/doc/90013/Paeel.aVxx. Please refer to the referenced number above with any future correspondence. We have no such record. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records