HomeMy Public PortalAboutPRR 16-2204RECORDS REQUEST (the "Request")
DateofRequest 05/30/2016
Requestor's Request ID#: 1228
REQUESTEE: Custodian of Records Sweetapple. Broeker & Varkas
Custodian of Records Jones, Foster. Johnston & Stubbs
Custodian of Records Town of Gulf Stream
Custodian of Records Richman Greer, P.A.
Custodian of Records Cole Scott & Kissane (Palm Beach Lakes)
Custodian of Records Cole Scott & Kissane. (Lakeview Avenue)
Custodian of Records Johnson Anselmo Murdoch Burke Piper & Hochman. P.A.
REQUESTOR: Martin E. O'Boyle
REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com
Fax: 954-360-0807 or Contact Records Custodian at records(a),commerce-group.com:
Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST: Please provide copies of all records including, without limitation, videos, audio recordings.
transcripts and any other notes and communications in connection with the following:
Case No. 14 -CV -80317, Martin E. O'Boyle vs. Town of Gulf Stream
ADDITIONAL INFORMATION REGARDING REQUEST:
THIS REQUEST IS MADE PURSUANT TO ARTICLE I, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119,
FLORIDA STATUTES
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.
SEF 4119.01(2)(F). FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS
RECORDS REQUEST BE FULFILLED ON I1 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)
ALSO PLEASE TAKE NOTE OF §119.07(i)(H) OF THE FLORIDA STATUTES, WHICH PROVIDES THAT "IF A CIVIL ACTION
IS INSTITUTED WITHIN TILE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO
THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY
ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES."
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 orany costs, asserted by the Agency (as denned in Florida Statute, Chapter 119.01
(Denoltions% in advance orany costs Imposed to the Requestor by the Agency.
"BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS
ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES".
I/P/NP/FLRR
07.28.2015
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
June 2, 2016
Martin E. O'Boyle [mail to: records@commerce-group.com]
Re: GS #2203 (PRR 1227), #2204 (PRR 1228), #2205 (PRR 1229), #2206 (PRR 1230), #2207
(PRR 1231)
Please provide copies of all records including, without limitation, videos, audio recordings,
transcripts, and any other notes and communications in connection with the fallowing: Case No.
2014 -CA -006112 AG, Citizens Awareness Foundation, Inc. vs. Town of Gulf Stream.
Please provide copies of all records including, without limitation, videos, audio recordings,
transcripts, and any other notes and communications in connection with the following: Case No.
14 -CV -80317, Martin E. O'Boyle vs. Town of Gulf Stream
Please provide copies of all records including, without limitation, videos, audio recordings,
transcripts, and any other notes and communications in connection with the following: Case No.
14 -CA 005189 AE, Martin E. O'Boyle vs. Town of Gulf Stream
Please provide copies of all records including, without limitation, videos, audio recordings,
transcripts, and any other notes and communications in connection with the following: Case No.
2014 -CA 007123 AG, CG Acquisition Company, Inc. vs. Town of Gulf Stream
Please provide copies of all records including, without limitation, videos, audio recordings,
transcripts, and any other notes and communications in connection with the fallowing: Case No.
502014CA01026;CCUMBAF, Asset Enhancement, Inc. vs. Town of Gu f Stream.
Dear Martin E. O'Boyle [mail to: records(ic commerce-group.com],
The Town of Gulf Stream has received your public records requests dated May 30, 2016. The
original public record request can be found at the following links htto://www2.gulf-
stream.ora/weblink/0/doc/91132/Pagel.aspx, http://www2.gulf-
stream.ore/weblink/0/doc/91133/Pagel.aspx, http://www2.gulf-
stream.org/weblink/0/doc/91134/Paizel.aspx, http://www2.gulf-
stream.org/weblink/0/doc/91135/Pagel.aspx, and http://www2.gulf-
stream.org/weblink/0/doc/91136/Pagel.aspx.
Please be advised that 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
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
July 6, 2016
Martin E. O'Boyle [mail to: recordsla,commerce-aroun.comj
Re: GS #2204 (PRR 1228)
Please provide copies of all records including, without limitation, videos, audio recordings,
transcripts, and any other notes and communications in connection with the following: Case No.
14 -CV -80317, Martin E. O'Boyle vs. Town of Gulf Stream
Dear Martin E. O'Boyle [mail to: recordsCacommerce-grouo.comj,
The Town of Gulf Stream received your public records requests on May 30, 2016. You should
be able to view your request at the following link http://www2.eulf-
stream.ore/weblink/0/doc/91133/Pagel.asox. In future correspondence, please refer to this public
records request by the above referenced numbers. Please allow this response to be responsive for
all parties.
Your request for "all records... in connection with" a particular lawsuit fails to sufficiently
identify the records that you seek such that the Town can make a good faith response. The Town
requests that you more specifically clarify the particular records that you seek, including the
parties to any pertinent communications.
Next, to the extent that your request seeks transcripts of depositions or hearings in Case No. 14 -
CV -80317, Martin E. O'Boyle vs. Town of Gulf Stream, all of the transcripts for this case are
available at www.gulf-stream.ore. Click on "Find a Town Record", click on "Legal", there you
will find "Depositions", "Hearings", and "Lawsuits". Within those folders you will find the
specific case you are referring to and the responsive records therein.
In light of the breadth of your request, which covers "all records... in connection with" the
lawsuit styled Case No. 14 -CV -80317, Martin E. O'Boyle vs. Town of Gulf Stream, a case which
has been pending for more than two years, producing all records responsive to your request will
require extensive clerical or supervisory assistance. Your request encompasses documents that
may not be public records of the Town in the first instance and, additionally, documents prepared
by the Town's attorneys exclusively for litigation or in anticipation of imminent litigation and
that reflect the mental impressions, conclusions, litigation strategies, or legal theories of the
Town's attorneys or the Town that would be exempt under Florida Statutes § 119.0171(1)(d)l.
until the conclusion of the litigation involving Case No. 14 -CV -80317, Martin E. O'Boyle vs.
Town of Gulf Stream. As a result, the Town reasonably anticipates needing attorney time to
review any records that may be responsive to your request for exemptions under Florida Stat.
§119.0171(1)(d)1.
The Town estimates that to produce all documents responsive to your request will require 3.00
hours of administrative support at $40.51 per hour and 3.00 hours of attorney support at $165.00
per hour the labor cost of the personnel providing the service, per Fla. Stat. § I I9.07(4)(d). If
the costs of producing these documents will exceed your deposit, the Town will provide you with
an initial production of responsive records and an estimate for the production of any additional
responsive records. If the costs of production are less than the deposit, the Town will provide you
with the responsive records and a refund.
(3.00 hours @ $40.51= $121.53) — (.25 hours @ $40.51= $10.13) + (3.00 hours x $165.00 = $495.00) _
Deposit Due: $606.40 in cash or check.
Upon receipt of your deposit, the Town will use its very best efforts to further respond to your
public records request in a reasonable amount of time. If we do not hear back from you within
30 days of this letter, we will consider this closed.
Sincerely,
Town Clerk