complaint deerfield.docx

7/27/2019 Complaint Deerfield.docx

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IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUITIN AND FOR BROWARD COUNTY

TIMOTHY CHAZ STEVENSan individual,Case No:

PlaintiffsDiv:

vs.

THE CITY OF DEERFIELD BEACH,a municipal corporation, andJEAN M. ROBB, in her capacity as Mayor

of Deerfield Beach, and individually,

Defendants._______________________________________/

COMPLAINT

COMES NOW the Plaintiff, TIMOTHY CHAZ STEVENS, sues the

Defendants, THE CITY OF DEERFIELD BEACH, a municipal corporation, and

JEAN M. ROBB, and states:

JURISDICTION AND VENUE

1. This is an action for violation of Chapter 119 and 286.011, Florida

Statutes, and for declaratory and equitable relief pursuant to

Chapter 86, Florida Statutes; and are within the jurisdiction of this

Court.


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2. The Defendant CITY OF DEERFIELD BEACH (hereinafter referred

to as CITY is a municipal corporation located entirely within

Broward County, Florida.

3. The Defendant JEAN M. ROBB (hereinafter referred to as ROBB)

is a resident of Broward County, and at all time material hereto,

was an elected official of the Defendant CITY. Said Defendant is

being sued in her individual and official capacities.

4. The Plaintiff TIMOTHY CHAZ STEVENS (hereinafter referred to

as STEVENS) is a resident of Broward County, and is otherwise

sui juris.

FACTS COMMON TO ALL CLAIMS

5. The Defendant CITY is a public body specifically included within the

intended scope and purpose of Chapter 119 (Floridas Public

Records Law) and 286.011 (Floridas Sunshine Law) of the

Florida Statutes. Likewise, the Defendant ROBB when acting in her

official capacity is equally subject to the mandates of Chapters 119

and 286.011, Florida Statutes.

6. For the purposes of transacting and discussing the business of the

Defendant CITY it is the practice and habit of Defendant ROBB to

use an official email account (synonymous with: email address)

furnished by Defendant CITY as well as personal accounts of her

own. Email accounts known by Plaintiff STEVENS to be used by

Defendant ROBB are: [email protected] (issued by
mailto:[email protected]:[email protected]


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Defendant CITY) and [email protected] and

[email protected] (personal accounts).

7. As indicated by the chosen monikers of the personal accounts used

by Defendant ROBB, these accounts are intended by Defendant

ROBB to solicit discussion and transaction of business related to

Defendant CITY.

8. Any and all emails sent or received by Defendant ROBB - whether

via her designated government account furnished by Defendant

CITY or via any other account whatsoever - wherein the business

of Defendant CITY is discussed or transacted, fall with the scope of

Chapters 119 and 286.011, Florida Statutes.

9. Defendant CITY is the custodian, either actually or constructively,

and responsible for maintaining and producing, every email sent to,

or received by Defendant ROBB via any account, where the

business of Defendant CITY is either discussed or transacted.

10. Concurrently, Defendant in both her official capacity as a member

of Defendant CITYS governing board, and individually, is a

custodian of any and all emails sent and received by her where the

business of Defendant CITY is either discussed or transacted.

11. Pursuant to 119.01(1), Florida Statutes:

It is the policy of this state that all state, county, and municipalrecords are open for personal inspection and copying by anyperson. Providing access to public records is a duty of eachagency.

12. Public records are defined as:
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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All documents, papers, letters, maps, books, tapes, photographs,films, sound recordings, data processing software, or othermaterial, regardless of the physical form, characteristics, or meansof transmission, made or received pursuant to law or ordinance orin connection with the transaction of official business by any

agency.

Fla. Stat. 119.011(12)

13. Pursuant to 286.011, Florida Statutes, the members of the

Deerfield Beach City Commission, of which Defendant ROBB is a

member, are strictly precluded from conducting or discussing City

business without providing access to the public. Such

communications and/or discussions include the use of electronic

methods such as email.

14. On August 8, 2013 Plaintiff STEVENS made a lawful request of the

Defendant CITY for the emails of Defendant ROBB, who is mayor

of the City of Deerfield Beach, as follows: Copies of Mayor

YouPeople's emails, from July 1, 2013 to present. Including any

city business email sent via personal accounts.

15. Defendant CITY unambiguously understood the intention of the

request as directed to those emails pertaining to Defendant ROBB,

and replied on August 20, 2013:

Hello Mr. Stevens, The requested information is ready for pick upin the City Clerks Office at a charge of $.90 cents. Should you

have any questions, please contact our office. Thank you

16. The Plaintiff did retrieve the offered records, and determined that

Defendant CITYS purported compliance, that being all emails

connected to Defendant ROBBS government account and any city


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business sent via personal accounts, for the entire 39 day period

was seven emails.

17. Defendant CITY thereafter, upon further request by the Plaintiff, did

determine that it had actual possession and control of numerous

additional emails associated with Defendant ROBBS city issued

account ([email protected]) and personal

([email protected]) and did furnish then to Plaintiff.

18. Upon furnishing these additional emails to Plaintiff, Defendant CITY

indicated its intent to determine the existence of additional emails

specifically within the possession and control of Defendant ROBB,

copies of which it was required to produce in accord with the

request.

19. Based on independently obtained credible information Plaintiff

STEVENS believes, and therefore alleges that there exists

numerous additional emails that meet the criteria of the August 8,

2013 request that are within the stated language and meaning of

Floridas Public Records Law and Sunshine Law.

20. As an elected official of the governing board of the City of Deerfield

Beach, Defendant ROBB is responsible for producing any records

within the scope and definition of Chapter 119, Florida Statutes,

which are maintained by her and in her personal possession on any

personal electronic device, computer hardware, server, backup,

storage, cloud and/or account.
mailto:[email protected]:[email protected]


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21. Defendant CITY as custodian of all public records related to the

City of Deerfield Beach is required to respond to Plaintiffs request

in good faith. A good faith response 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.

Fla. Stat. 119.07(1)(c).

22. As custodian of all records, Defendant CITY is responsible for

compliance with all public records requests made pursuant to

Chapter 119, Florida Statutes. This includes such records that exist

in the actual possession and control of the City of Deerfield Beach,

as well as any such records in the actual possession and control of

Defendant ROBB.

23. Based on credible information Plaintiff STEVENS does believe, and

therefore alleges, that the Defendant CITY is aware of additional

emails in the possession and control of Defendant ROBB that it, the

CITY, is bound to produce in response to Plaintiffs request

because they relate to the transaction of official business of

Defendant CITY. See Fla. Stat. 119.011(1).

24. Defendant ROBBS refusal to produce additional emails pursuant to

Plaintiffs request, that meet the definition of public records under

Fla. Stat. 119.011(1) is a willful and knowing violation of Floridas

Public Records Law and Sunshine Law.


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25. The penalties for violation of Floridas Public Records Law is stated

as follows:

(1) Any public officer who:

(a) Violates any provision of this chapter commits a noncriminalinfraction, punishable by fine not exceeding $500.

(b) Knowingly violates the provisions of s. 119.07(1) is subject tosuspension and removal or impeachment and, in addition, commitsa misdemeanor of the first degree, punishable as provided in s.775.082 or s. 775.083.

(2) Any person who willfully and knowingly violates:

(a) Any of the provisions of this chapter commits a misdemeanor

of the first degree, punishable as provided in s. 775.082 or s.775.083.

(b) Section 119.105 commits a felony of the third degree,punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Fla. Stat. 119.10

COUNT I(violation of Chapter 119, Florida Statutes)

26. Plaintiff STEVENS re-alleges and incorporates by reference

paragraphs 1 through 16 above (Facts Common to All Claims) as if

specifically set forth herein.

27. Defendants CITY and ROBB have failed to comply with Fla. Stat.

119.07(1)(c), by willfully refusing to respond to Plaintiffs August 8,

2013 request in good faith.

28. Section 119.07(1)(c) states:

A custodian of public records and his or her designee mustacknowledge requests to inspect or copy records promptly andrespond to such requests in good faith. A good faith responseincludes making reasonable efforts to determine from other officersor employees within the agency whether such a record exists and,if so, the location at which the record can be accessed.


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29. As previously averred Defendant CITY is the custodian of records,

including emails, sent to or by Defendant ROBB by use of any

electronic device owned and maintained by the City of Deerfield

Beach.

30. As previously averred Defendant ROBB is the custodian of all

records, including emails, within the scope of Chapters 119 and

286, Florida Statutes, that she maintains or has access to through

any personal electronic device, computer hardware, server,

backup, storage, cloud and/or account.

31. Both Defendant CITY and Defendant ROBB are in actual and/or

constructive possession of additional emails falling within the

definition of public records that they have refused to provide to

Plaintiff in response to his request.

32. To bring suit here to enforce compliance with Floridas Public

Records and Sunshine Laws Plaintiff has retained the services of

the Law Offices of David A. Frankel, P.A. and agreed to pay a

reasonable fee.

WHEREFORE Plaintiff STEVENS seeks order of this honorable Court,

and prays relief that:

a. the Court determines and identifies the emails properly subject to

Plaintiffs request of August 8. 2013 within the possession or control

of Defendants.


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b. the Court declare the Defendants in violation of Chapter 119, Florida

Statute and/or any portion thereof applicable to the violation.

c. the Court impose penalties against Defendants for: willful violation

including those set forth in Fla. Stat. 119.10, Plaintiffs costs of suit,

expenses and attorneys fees.

d. Plaintiff STEVENS demands trial by jury on all claims so triable.

COUNT II(equitable relief)


paragraphs 1 though 16 above (Facts Common to All Claims) as if


34. Defendant CITY and ROBB maintain possession and/or control of

information and records subject to disclosure to Plaintiff pursuant to

Florida law.

35. Defendant ROBB has contumaciously refused to produce those

records and information and make them available to Plaintiff in

violation of Florida law.

36. Defendant CITY has failed to respond in good faith to Plaintiffs

request in that it has failed to use all means available to obtain the

subject emails within Defendant ROBBS actual possession.

37. Defendant CITY, despite efforts to obtain these records from

Defendant ROBB is nonetheless legally responsible to comply fully

with Plaintiffs request even if it, the CITY, must take legal action

against Defendant ROBB to do so.


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38. Plaintiff STEVENS seeks equitable relief of this Court declaring

Defendants CITY and ROBB in violation of Fla. Stat. 119.07, and

for issuance of a Writ of Mandamus compelling Defendants to

immediately release forthwith, and make available to Plaintiffs, all

materials sought pursuant to his public records request.

39. Equitable relief in this fashion is needed to prevent Defendants

from withholding public records, continuing to violate the mandates

of Chapter 119, Florida Statutes, and continuing to avoid

transparency in government both now and in the future.




reasonable fee.



a. the Court determines and identifies the emails properly subject to


of Defendants.

b. the Court invoke its equitable jurisdiction and issue a Writ

commanding the Defendants to produce this material and make it

available to the Plaintiff.

c. the Court tax costs against Defendants to cover Plaintiffs costs of

suit, expenses and attorneys fees.


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d. Plaintiff STEVENS demands trial by jury on all claims so triable.

COUNT III

(violation of 286.011, Florida Statutes)(Defendant ROBB only)


paragraphs 1 though 16 above (Facts Common to All Claims) as if


42. Plaintiff Stevens believes and therefore alleges that the public

information requested from Defendants on August 8, 2013, which

they have refused to disclose, includes discussion, transaction

and/or planned action of the City Commission of the City of

Deerfield Beach by Defendant ROBB.

a. The discussion, transaction, and/or planned action of the City

Commission of the City of Deerfield Beach by Defendant ROBB is

subject to the principles of open government and public access

outlined in Fla. Stat. 286.011; (1) Meetings of public boards or

commissions must be open to the public, (2) Reasonable notice of

such meetings must be given, and (3) Minutes of the meetings must

be taken and promptly recorded.

43. Plaintiff STEVENS believes, and therefore alleges that Defendant

ROBB has knowingly and willfully violated Fla. Stat. 286.011,

Floridas Sunshine Law.

44. The penalties for violation of Floridas Sunshine Law are stated as

follows:


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(3)(a) Any public officer who violates any provision of this sectionis guilty of a noncriminal infraction, punishable by fine notexceeding $500.

(b) Any person who is a member of a board or commission or ofany state agency or authority of any county, municipal corporation,or political subdivision who knowingly violates the provisions of thissection by attending a meeting not held in accordance with theprovisions hereof is guilty of a misdemeanor of the second degree,punishable as provided in s. 775.082 or s. 775.083.

(c) Conduct which occurs outside the state which would constitutea knowing violation of this section is a misdemeanor of the seconddegree, punishable as provided in s. 775.082 or s. 775.083.

Fla. Stat. 286.011(3)(a)(b)(c)




reasonable fee.



a. the Court determine and identify the emails properly subject to


of Defendants.

b. The Court determine and identify any emails which violate the

mandate, scope and spirit of Fla. Stat. 286.001 by Defendant

ROBB.

c. The Court declare Defendant ROBB to be in violation of any

applicable portions of Fla. Stat. 286.011.
http://www.flsenate.gov/Laws/Statutes/2010/775.082http://www.flsenate.gov/Laws/Statutes/2010/775.083http://www.flsenate.gov/Laws/Statutes/2010/775.082http://www.flsenate.gov/Laws/Statutes/2010/775.083http://www.flsenate.gov/Laws/Statutes/2010/775.083http://www.flsenate.gov/Laws/Statutes/2010/775.082http://www.flsenate.gov/Laws/Statutes/2010/775.083http://www.flsenate.gov/Laws/Statutes/2010/775.082


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d. The Court impose penalties against Defendant ROBB to include

penalties proscribed in Fla. Stat. 286.011(3)(a)(b) or (c), Plaintiffs

costs of suit, expenses and attorneys fees.

e. Plaintiff STEVENS demands trial by jury on all claims so triable.

SUBMITTED this 28th day of October, 2013:

/s/ David A. FrankelDAVID A. FRANKEL, Esq.

Law Offices of David A. Frankel, P.A.20 South East Twentieth Street

Fort Lauderdale, Florida 33316(954) 557-2244Fla. Bar No. 741779designated email- [email protected]

complaint deerfield.docx

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