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Home My Public Portal AboutAvery ExhibitsRECORDS REQUEST (the "Request") Date of Request: 2/19/2014 Requestor's Request ID#: C-108 REQUESTEE: Custodian of Records Town of Gulf Stream REQUESTOR: Citizens Awareness Foundation, Inc. PLAINTIFF'S EXHII'BIT 5-lS-I(orh 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 I NOW (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 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 imposed to the Requester by the Agency. L•P/NPR/FRR 04.22. t3 FORM WorkCeWtre 5230A Transmission Report 03 ID Loc.I Name Logo Document has been cant. Document S12e 8.6X11'SEF Citizens Awareness Foundation, Inc. 1260 West Newport Center Drive Deerfield Beach, FL 33442 Telephone: 954-570-3507 Telecopy:954-360-OB07 Date/T I me: 02/18/2014:11:58AM Papel (Last Pagel TELECOPIER TRANSMITTAL PAGE DATE: 2/19/2014 TO: SL db f A-cmais ano of [ Ifrlr SS] TSI 8188 FROM: NUMBER OF PAGES =U DWG TRANSMCITAL PAGE __2 IF YOU DO NOr RECEIVE AILPAGES, PLEASE CALL#954-360-7713 ]L OrI9iml wAl mthilma Q:9Ird mllfvlhw via _Regubr Mail _Orerd Delivery Hand 0aernery _Otho: Total Pages Scanned: 2 Total Pages Sent 2 No. Doc. Ramps. Station Start Time Duration Pages Made Contents Status 1 7030 5817370158 2-19:11:55AM 588 1/ 2 S03 AS 2 7030 5517370188 11:67AM 218 2/ 2 S03 RE CP Note: RE: RG: Resend MB: Send to Mailbox BC: Broadcast MP: Multl Polling RV: Remove Servloe Polling Re: Relay Broadcast AS: Relay Send BF: Box Fax Forward CP: completed SA: Send Again EN: Engaged AS: Auto Send TM: Terminated TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail March 21, 2014 Citizens Awareness Foundation Inc. (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 PLAINTIFF'S EXHIBIT 2 Filing # 36800860 E -Filed 01/20/2016 06:38:56 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA. CASE NO: 502014CA006112XXXXMB AG CITIZENS AWARENESS FOUNDATION, INC., Plaintiff, LV THE TOWN OF GULF STREAM and BRANNON & GILLESPIE, LLC, Defendants. DEFENDANT'S MOTION FOR LEAVE TO FILE AFFIRMATIVE DEFENSES COMES NOW, Defendant, TOWN OF GULF STREAM, by and through undersigned counsel, and pursuant to Florida Rules of Civil Procedure 1.170(f) and 1.190(a), moves the Court for an order granting leave to file the attached affirmative defenses and in support thereof would show unto the Court: 1. In light of discovery and recent appellate decisions, including Consumer Rights v. Union County, 159 So.3d 882, (Fla. I't DCA 2015), Defendant seeks to amend to assert the affirmative defenses of lack of standing, lack of authority, Plaintiffs bad faith, waiver and estoppel. The proposed affirmative defenses are attached hereto as Exhibit A. 2. Rule 1.190(a) of the Florida Rules of Civil Procedure provides that when a party moves to amend its pleadings "[11eave of court shall be given freely when justice so requires." 3. Since the filing of its initial answer, discovery has disclosed facts supporting affirmative defenses which would provide Defendant with relief in the case sub judice. 4. It is settled Florida law that leave to amend should not be denied unless the privilege has been abused, there is prejudice to the opposing party, or the amendment would be futile. See Life LAW OFFICES OFSWEETAPPLE, BROEKER & VARKAS, P.L. PLAINTIFF'S 20 SE 3° STREET, BOCA RATON, FLORIDA 33432 EXHIBIT 3 Mmi Citizens Awareness Foundation, Inc v. Town of Gulf Stream and Brannon & Gillespie, LLC Case No.:502014CA006112XXXXNOAG; Palm Beach County Gen. See. Ins. v. Horal, 667 So.2d 967, 969 (Fla. 4`h DCA 1996). It should be noted that the Defendant has not waived the privilege to amend pleadings. 5. With respect to any prejudice to the opposing party, Plaintiff cannot be heard to complain of prejudice because all facts contained in the proposed affirmative defenses are known to Plaintiff. See id. 6. Furthermore, if the amendment would not precipitate additional and extensive preparation for trial then there is no prejudice to the non-moving party, yet great prejudice to the moving party by denial of the amendment. See Newman v. State Farm Mitt. Aorto. Lu. Co., 858 So.2d 1205 (Fla. 4" DCA 2003). 7. Defendant requests the Court order that the attached Affirmative Defenses be considered filed as of the date in the order granting this motion. 8. This motion for leave to amend is made in good faith, is not made for the purpose of delay, and will promote the ends of justice. WHEREFORE, Defendant, TOWN OF GULF STREAM, prays the Court to enter an order granting leave to file the attached Affirmative Defenses. Respectfully submitted, SWEETAPPLE, BROEKER & VARKAS, PL Co -Counsel for Defendants 20 S.E. 3rd Street Boca Raton, Florida 33432 Telephone: (561) 392-1230 E-Mail:pleadings@sweetapplelaw.com By: /S/Robert A. Sweetaoole ROBERT A. SWEETAPPLE Florida Bar No. 296988 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. 20 SE 3RD STREET, BOCA RATON, FLORIDA 33432 Citizens Awareness Foundation, Inc v. Town of Gulf Stream and Brannon & Gillespie, LLC Case No.:502014CA006112XXXXMBAG; Palm Beach County CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been via the E - Filing Portal this 20`h day of January, 2016 to Nick Taylor, Esquire, The O'Boyle Law Firm, P.C., 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (ntaylor@oboylelawfirm.com and oboylecourtdocs@oboylelawfirm.com) and Joanne A O'Connor, Esquire, Jones Foster Johnston & Stubbs, PA, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33402 Ooconnor@j ones foster.com). By: /S/Robert A. Sweetapple ROBERT A. SWEETAPPLE Florida Bar No. 296988 LAW OFFICES OF SwEETAPPLE, BROEKER & VARKAS, P.L. 20 SE 3R° STREET, BOCA RATON, FLORIDA 33432 Citizens Awareness Foundation, Inc v. Town of Gulf Stream and Brannon & Gillespie, LLC Case No.:502014CA006112XXXXMBAG; Palm Beach County Exhibit A IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA. CASE NO: 502014CA006112XXXXMB AG CITIZENS AWARENESS FOUNDATION, INC., Plaintiff, V. THE TOWN OF GULF STREAM and BRANNON & GILLESPIE, LLC, Defendants. DEFENDANT'S AFFIRMATIVE DEFENSES Defendant, Town of Gulf Stream ("Town" or "Defendant"), files its affirmative defenses as follows: 1. Lack of Standine. Plaintiff lacks standing to bring suit because it is not a bona fide Florida Not For Profit Corporation. The corporation was formed for fraudulent purposes and has no bona fide, not for profit purpose. It is merely a corporate veil designed to perpetrate a sham on Florida governmental and private agencies and to defraud them. Martin O'Boyle and his lawyer son Jonathan O'Boyle formed the corporation through their designees. The entire purpose of the entity is to generate public record requests for the sole purpose of filing lawsuits seeking statutory fee awards. All suits are then brought on its behalf by Jonathan O'Boyle's law firm. The law firm then pretends that it has a contingency fee agreement with its "client" and demands inflated "lodestar" attorney's fees to which it has no legal entitlement. Plaintiff and The O'Boyle law firm attorneys claim that their client LAW OFFICES OF SWEI;-APPLE, BROEKER & VARKAS, P.L. 20 SE 3° STREET, BOCA RATON, FLORIDA 33432 Citizens Awareness Foundation, Inc v. Town of Gulf Stream and Brannon & Gillespie, LLC Case No.:502014CA006112XXXXMBAG; Palm Beach County owes them these lodestar fees. By doing so they have defrauded defendants throughout the State of Florida. Plaintiff has been involved in this scheme for two years and has filed well over 100 cases and defrauded scores of victims using this scam. (The law firm also uses runners to bring suit and divides attorneys' fees with them. When it employs contingency fee agreements, it uses a fee agreement that is prohibited by Florida Law.) Plaintiff has failed to comply with the requirements of Florida law. It has not kept proper financial or business records, minutes or accounts. It is run by Martin O'Boyle, through his paid employees, and operates at his direction and control. Martin O'Boyle has taken great efforts to disguise his involvement, including falsely denying this involvement under oath. CAM has co -mingled funds with Martin O'Boyle and his other entities. It is, is in fact, merely an alter ego of Martin O'Boyle. 2. Lack of Authority. The subject Public Request was not authorized by CAFI but instead brought by Martin O'Boyle. Over the objection of Joel Chandler, the then Director of CAFI, Mr. Martin O'Boyle directed that his office personnel file the subject public record request and over 100 others in the name of CAFI and directed to Defendant. Furthermore, no authorization for the filing of this suit was provided by CAFI's then Director Joel Chandler, nor was it the subject of any approved corporate action. Instead, Mr. O'Boyle individually directed that his son and his firm file this lawsuit. Mr. O'Boyle funds and is the major benefactor of The O'Boyle law firm. He provides office space for both the law firm and the sham Plaintiff in an office building owned by his company. A copy of the affidavit of the former director of CAFI, Joel Chandler, detailing this scheme has been filed in this proceeding. LAW OFFICFS OF S WEETAPPLE, BROEKER & V ARKAS, P.L. 20 SE 3° STREET, BOLA RATON, FLORIDA 33432 Citizens Awareness Foundation, Inc v. Town of Gulf Stream and Brannon & Gillespie, LLC Case No.:502014CA006112XXXXMBAG; Palm Beach County 3. Plaintiff's Bad Faith. To the extent that Defendant was untimely or deficient in any response to the public records request as sued upon, such was the result of Plaintiff's bad faith. Plaintiff acting in concert, Le, an agreed upon combination of Martin O'Boyle, Jonathan O'Boyle, Christopher O'Hare, Citizens Awareness Foundation, Inc., Commerce Group, Inc. and others, have inundated the Town, its agents and attorneys with thousands of public records requests. This is being done in order to cripple the Town's ability to respond, conduct its business and to close the Town of Gulfstream's Clerk's Office to the balance of the public. Plaintiff and its co-conspirators and agents have jammed the Clerk's Office with dozens of obscure and complex requests submitted on the same day, have jammed the Town's fax machine and personally occupied and monopolized the Clerk's office. Under the outrageous conditions and circumstances intentionally created by Plaintiff and its cohorts, Defendant has acted reasonably and in good faith to respond to the subject records requests despite Plaintiff's bad faith conduct. Plaintiffs conduct was at all times designed to prevent or frustrate compliance by Defendant. 4. Waiver. Plaintiff has waived any right to complain that documents requested by his failure to provide the deposit for the estimated special expenses to fulfill the request as sought by the Town on or about March 21, 2014 and as authorized by Fla. Stat. § I I9.07(4)(d). 5. Estoppel. Plaintiff is estopped from complaining that documents have been unlawfully withheld by his failure to provide the deposit for the estimated special expenses to fulfill the request as sought by the Town on or about March 21, 2014 and as authorized by Fla. Stat. § 119.07(4)(d). LAW OFFICES OF SWEECAPPLE, BROEKER & VARKAS, P.L. 20 SE 3RO STREET, BOCA RATON, FLORIDA 33432 Citizens Awareness Foundation, Inc v. Town of Gulf Stream and Bramon & Gillespie, LLC Case No.:502014CA006112XXXXMBAG; Palm Beach County Respectfully submitted, SWEETAPPLE, BROEKER & VARKAS, PL Co -Counsel for Defendants 20 S.E. 3`d Street Boca Raton, Florida 33432 Telephone: (561) 392-1230 E-Mail:pleadings@sweetapplelaw.com By: /S/Robert A. Sweetannle ROBERTA. SWEETAPPLE Florida Bar No. 296988 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been via the E - Filing Portal this 201 day of January, 2016 to Nick Taylor, Esquire, The O'Boyle Law Firm, P.C., 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (ntaylor@oboylelawfirm.com and oboylecourtdocs@oboylelawfirm.com) and Joanne M. O'Connor, Esquire, Jones Foster Johnston & Stubbs, PA, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33402 Goconnor@jonesfoster.com). By: /S/Robert A. Sweetannle ROBERT A. SWEETAPPLE Florida Bar No. 296988 LAw OFFICES OF SWEETAPPLE, BROEKER a& VAAKAS, P.L. 20 SE 310 STREET, BocA RATON, FLORIDA 33432 Filing # 16544885 Electronically Filed 07/30/2014 05:04:35 PM CITIZENS AWARENESS FOUNDATION, INC., Plaintiff, 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. CASE NO: 502014CA006112XXXXMB AG DEFENDANT'S RESPONSES TO PLAINTIFF'S REQUEST FOR ADMISSIONS Defendant, TOWN OF GULF STREAM, responds to Plaintiffs Request for Admissions dated June 13, 2014 (Nos. 1 through 11) as follows: 1. Admit that you are an agency as defined in Chapter 119.011(2) Florida Statutes. RESPONSE: Admitted. 2. Admit that the Plaintiff made a public records request on February 19, 2014. RESPONSE: Admitted. 3. Admit that the Defendant Gulf Stream had custody and control of the requested documentation at the time of the Public Records request. RESPONSE: Admitted that the Town had custody and control of some of the documents requested by Plaintiff on February 19, 2014 at the time of that request. 4. Admit that the documents requested are Public Records as described in Chapter 119. RESPONSE: Admitted as to the documents requested from the Town on February 19,2014; otherwise denied. 5. Admit that the Defendant Gulf Stream failed to honor the Defendant's public records request. PLAINTIFF'S EXHIBIT RESPONSE: Denied. 6. Admit that there are no statutory exemptions that apply in the instant case that would allow for the denial of the request. RESPONSE: The Town admits that it is not presently aware of any statutory exemptions but denies that any such statutory exemptions may exist or that the request was denied. Because Plaintiff has failed to pay the deposits outlined by the Town's correspondences of March 20, 2014 and June 19, 2014 and authorized by Fla. Stat. § 1.19.07(4)(d), the Town has not yet gathered and reviewed for exemptions the documents requested. 7. Admit that failure to comply with the Plaintiffs request represents an automatic delay in violation of Chapter 119. RESPONSE: Denied. 8. Admit that the Defendant's refusal represent a pattern of non-compliance, thus justifying injunctive relief. RESPONSE: Denied. 9. Admit that Defendant Imowingly violated provisions of § 119.07(1) FS. RESPONSE: Denied. 10. Admit that the Defendant's refusal represent a pattern of non-compliance, thus justifying injunctive relief. RESPONSE: Denied. 11. Admit that Plaintiff is entitled to declaratory and equitable relief. RESPONSE: Denied. WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail and Email this 30`h day of July, 2014 to: NICK TAYLOR, Esquire, the O'Boyle Law Finn, P.C. 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (ntavlor(cdobovlelawfirm.com and oboylecourtdocs(alobovlelawfirm.com). JONES, Fosmz, JoHNsToN & STUBBS, P.A. Attorneys for Defendant Town of Gulf Stream 505 South Flagler Drive, Suite 1100 Post Office. Box 3475 West Palm Beach, FL 33402-3475 Telephone: (561) 659-3000 By: / Joa a efadV't Joan .O'Connor Florida Bar No. 0498807 ioconnor(@,ionesfoster.com pAdcm\ 13147\00W\pld\1jn3158.d=