IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY LAW OFFICES OF DAVID A.

FRANKEL, P.A. a Florida professional association, and TIMOTHY CHAZ STEVENS an individual, Case No: Plaintiffs Div: vs. THE CITY OF LAUDERDALE LAKES, a municipal corporation, and THE CITY OF LAUDERDALE LAKES, COMMUNITY REDEVELOPMENT AGENCY, a corporate municipal subdivision Defendants. _______________________________________/ COMPLAINT COMES NOW the Plaintiff, LAW OFFICES OF DAVID A. FRANKEL, P.A., a Florida professional association and TIMOTHY CHAZ STEVENS, an individual, sues the Defendants, THE CITY OF LAUDERDALE LAKES, a municipal corporation, and THE CITY OF LAUDERDALE LAKES COMMUNITY REDEVELOPMENT AGENCY, a corporate municipal subdivision, and alleges: JURISDICTION AND VENUE 1. That this is an action for violation of Chapter 119, Florida Statutes, and for declaratory relief pursuant to Chapter 86, Florida Statutes, and within the jurisdiction of this Court.

2. That

the

Defendant

THE

CITY

OF

LAUDERDALE

LAKES

COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as LLCRA) is an entity created as both corporate and politic by the CITY OF LAUDERDALE LAKES, pursuant to 163.356(1) Florida Statutes. 3. That the Defendants CITY OF LAUDERDALE LAKES (hereinafter referred to as LLCITY or LAUDERDALE LAKES) is a municipal corporation located entirely within Broward County, Florida. 4. That the Plaintiff LAW OFFICES OF DAVID A. FRANKEL, P.A. is a professional association, incorporated and doing business in the State of Florida and Broward County. 5. That Plaintiff TIMOTHY CHAZ STEVENS is a resident of Broward County, and is otherwise sui juris.

FACTS COMMON TO ALL CAUSES OF ACTION 6. That LAUDERDALE LAKES and the LLCRA are both legal entities subject to, and specifically included within the intended scope and purpose of Chapter 119, Florida Statutes. 7. That pursuant to 119.01(1) Florida Statutes: It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency. 8. That the costs to be charged by Defendants for compliance of their duty herein, associated with both copying and duplication in any medium, are proscribed in 119.07, Florida Statutes, as follows:

(4) The custodian of public records shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law. If a fee is not prescribed by law, the following fees are authorized: 1. Up to 15 cents per one-sided copy for duplicated copies of not more than 14 inches by 81/2 inches; 2. No more than an additional 5 cents for each two-sided copy; and 3. For all other copies, the actual cost of duplication of the public record. Actual cost of duplication is defined as the cost of the material and supplies used to duplicate the public record, but does not include the labor cost and overhead cost associated with such duplication. 119.011(1), Florida Statutes. 9. That Defendants are further obligated by 119.07(1)(c) which states: a custodian of public records and his or her designee must acknowledge requests to inspect or copy records promptly and respond to such requests 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. 10. That pursuant to Chapter 119, Florida Statutes, Defendants are required to specifically state the basis upon which they refuse to produce any records requested. Subsection 119.07(1)(e), Florida Statutes states: 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. 11. That as more specifically set forth below Defendants have violated Chapter 119, Florida Statutes in both word and spirit by failing to provide transparency to municipal government function by: a. failing to promptly acknowledge and respond to Plaintiffs requests in good faith. 119.07(1)(c), Florida Statutes. b. outright failure to produce records requested by Plaintiffs and/or withholding records without citation or claim of any lawful exemption. 119.07(1)(e), Florida Statutes. c. attempting to thwart and restrain Plaintiffs from gaining access to public records by imposing illegal fees and costs for duplication and/or inspection thereof. 119.07(4), Florida Statutes.

Requests designated from Law Offices of David A. Frankel, P.A.

12. That during the period February 25, 2013 to May 12, 2013 Plaintiff, the

Law Offices of David A. Frankel, P.A. (Frankel) submitted to the Defendants LLCRA, and LLCITY, three separate letters containing multiple requests for public records within the scope and purview of Chapter 119, Florida States. (each separate request treated separately below)
(1st request)

13. That on February 25, 2013 Plaintiff submitted a public records request pursuant to Chapter 119, Florida Statutes seeking records and

materials pertaining to compensation or any monies paid to members of the Board of Commissioners of the LLCRA as reimbursement for expenditures made on behalf of the LLCR.
1

Pursuant

to

163.356(3)(a), Florida Statutes, A commissioner shall receive no compensation for services, but is entitled to the necessary expenses, including travel expenses, incurred in the discharge of duties. (a copy attached hereto as exhibit A) 14. That in response to this request for this material (herein after referred to as reimbursement material) Defendants provided Plaintiffs with a CD containing the written minutes of meetings for the years 2008 to 2012, none of which contained any information remotely connected or pertaining to what was requested. 15. That Defendants having failed to provide any material in response to this request Plaintiffs made a second request on April 20, 2013 (copy attached herein as exhibit B). Defendants still failing to comply with this request Plaintiffs threatened suit, and on or about June 1, 2013 received partial compliance from Defendants; receiving incomplete documentation of reimbursement for expenses made pursuant to 163.356(3)(a), Florida Statutes. 16. That also on February 25, 2013 Plaintiffs requested a copy of an audit report commissioned by LLCITY and LLCRA regarding the

1 The terms records and materials used in this complaint refer to the broadly stated
language in the requests themselves, i.e. all records, documents, notes ledgers, emails, lists, to capture all available information. See actual requests for specific information requested.

disappearance of monies from the accounts of the LLCRA. This audit is commonly referred to as the Kessler Report. Thereafter Defendants provided to Plaintiffs a partial copy of the report, excluding without explanation 61 exhibits referenced and contained in the report. These exhibits were not made available until June 17, 2013 after Plaintiffs threatened suit.
(2nd request)

17. That on April 5, 2013 Plaintiffs submitted a request to Defendants pursuant to Chapter 119, Florida Statutes seeking copies of all contracts entered into by the LLCRA for improvement or maintenance projects in an amount greater than $50,000, for the years 2008 to the present. (copy attached hereto as exhibit C) Defendants failed to provide any material whatsoever in response to this request. After

demand and threat of suit by letter on June 6, 2013 Defendants provided only two contracts and three purchase orders. Based on credible information it is believed that Defendants have failed to fully and lawfully comply with that request.
(3rd request)

18. That on April, 2013 Plaintiffs submitted a request to Defendants pursuant to Chapter 119, Florida Statutes seeking copies of all documents and communications for all LLCRA public requests for bid offers pertaining to projects as described above in paragraph 17; as well as all documents and communications pertaining to all reciprocal bid offers received. Defendants have failed to provide any material in response to this request. 6

(4th request)

19. That on April 12, 2013 Plaintiffs submitted a request to Defendants pursuant to Chapter 119, Florida Statutes seeking copies of all documents and communications for projects as described above in paragraph 17 where the LLCRA did not solicit any competitive bids. This request also sought the names of all persons and/or entities with whom the LLCRA entered into any such agreement formally or informally. Defendants have failed to provide any material whatsoever in response to this request.
(5th Request)

20. That on May 12, 2013 Plaintiffs submitted a request to Defendants pursuant to Chapter 119, Florida Statutes seeking a real estate appraisal conducted by the firm Anderson & Carr, Inc. submitted to Defendants in connection with the sale of property owned by the LLCRA and sold to the LLCity. This property is commonly referred to as the Ireland property. In addition this same request sought all backup material regarding the acceptance and approval of the selling price for that property including all memoranda, notes, emails and communications. 21. Defendants have failed to provide any material whatsoever in response to this request. Requests designated from Timothy Chaz Stevens
(6th request)

22. That on May 5, 2012 Plaintiff Timothy Chaz Stevens (Stevens) submitted a request to Defendant LLCity pursuant to Chapter 119, Florida Statutes seeking, since 2010, copies (NOT RESEARCH) of City Manager Jon Allens City issued credit card statements. 23. That included in the information furnished to Stevens by LLCity pursuant to the request set forth in paragraph 22 above were copies of two months of credit card statements. Thus LLCity failed to furnish at least 38 months of credit card statements for the card issued to City manager Jon Allen as requested. Additionally LLCity failed to claim any exemption for the records withheld as required by 119.07(e), Florida Statutes.
(7th request)

24. That on August 16, 2012 Plaintiff Stevens made a public records request to the City pursuant to Chapter 119, Florida Statutes, stating: For the past year, copies of all emails sent from Hazeline Carson to me. I am looking for an electronic archive. In response to this request Stevens received copies of 25 emails. Based on personal knowledge and electronic data Stevens alleges herein that LLCity has failed to comply with this request by withholding the remaining requested emails. Additionally LLCity failed to claim any exemption for the records withheld as required by 119.07(e), Florida Statutes.
(8th request)

25. That on or about late 2011 or early 2012 Plaintiff Stevens made a separate request to LLCity pursuant to Chapter 119, Florida Statutes, seeking to inspect : 8

a. all employments files of female subordinates of City Manager Jonathan Allen (including department heads). b. for the preceding three years, all travel records of those female subordinates and City Manager Jonathan Allen. c. for the preceding three years, all salary increases granted to those female subordinates. 27. That in response to the request to inspect the material set forth in paragraph 26 above, Stevens was informed by LLCity that prepayment of $776.65 would be required for the inspection.
(9th request)

28. That on or about late 2011 or early 2012 Plaintiff Stevens made a separate request to LLCity pursuant to Chapter 119, Florida Statutes, seeking to inspect copies of LLCity records pertaining to disciplinary action(s) related to: a. any complaints filed by former employee Sue Campbell with regards to possible inappropriate contact between Jonathan Allen and female staffers. b. filed against former employee Sue Campbell c. any complaints filed by former employee Geri Peterkin with regards to possible inappropriate contact. 29. That in response to the public records request to inspect the material set forth in paragraph 28 above, Stevens was informed that prepayment of $180.00 would be required for the inspection
(10th request)

30. That on or about late 2011 or early 2012 Plaintiff Stevens made a separate request to the City pursuant to Chapter 119, Florida Statutes, seeking 9

electronic copies of all emails from any elected official and LLCity staff pertaining to the key words: Black Elected Official, Broward Post.com, Broward Post, Chaz Stevens, Great Caribbean American, FBI, Gwyn Clarke-Reed, Hazel Rogers, MAOS, MyActsOfSedition.com, Timothy Donnelly. 31. That in response to the public records request for copies of the material set forth in paragraph 30 above, Stevens was informed that prepayment of $173.04 would be required.
(11th request)

32. That on or about late 2011 or early 2012 Plaintiff Stevens made a separate request to LLCity pursuant to Chapter 119, Florida Statutes, seeking electronic copies for the years 2007 to the present of any and all: a. American Express charge card statements b. Wal-Mart charge card statements. c. Sears charge card statements d. Bank of America debit/charge card statements e. The Home Depot charge card statements f. Sams Club charge card statements g. BJs Club charge card statements 33. That in response to the request for copies of the material set forth in paragraph 32 above, Stevens was informed that prepayment of $358.20 would be required.
(12th request)

10

34. That on or about late 2011 or early 2012 Plaintiff Stevens made a separate request to the LLCity pursuant to Chapter 119, Florida Statutes, seeking to inspect the employment file of City Manager Jonathan Allen. 35.That in response to the request to inspect the material set forth in paragraph 34 above, Stevens was informed that prepayment of $99.70 would be for the inspection.
(13th request)

required

36. That on or about late 2011 or early 2012 Plaintiff Stevens made a separate request to the City pursuant to Chapter 119, Florida Statutes, seeking an electronic copy of the resume and application of City Finance Director Marie Elianor. 37. That in response to the request for a copy of the material set forth in paragraph 35 above, Stevens was informed that prepayment of $84.60 would be required. COUNT I

(1st request)

(violation of Chapter 119, Florida Statutes) 38. That Plaintiffs re-allege and incorporate by reference paragraphs 1 through 36 above as if specifically set forth herein. 39. That pursuant to Plaintiffs requests for reimbursement material on February 25, 2013, and the further delineated request on April 20, 2013, Defendants have failed to provide: a. complete banking records to determine all payments to Commissioners and/or staff of the LLCRA. The records provided purported to cover the 59 months beginning June 2008 to April 2013. However, of the 59 months 11

during that period, 3 months of records, for July, August and September of 2010 were not provided. Additionally, of the remaining 56 months of records provided, 35 were incomplete; missing available information identifying to whom reimbursements were made. b. complete documentation for at least 21 instances of payments to Commissioners and/or staff of the LLCRA. c. all LLCRA bank or credit card records, statements and receipts for each person issued, authorized, or who used such a bank or credit card, for the years 2008 until the present per the request. 40. That by failing to acknowledge Plaintiffs request, failing to comply with the request promptly and without unnecessary delay, and by failing to provide all available public information in regard to this request Defendants have violated Chapter 119, Florida Statutes.

COUNT II
(2nd request)

(violation of Chapter 119, Florida Statutes) 41. That Plaintiffs re-allege and incorporate by reference paragraphs 1 though 39 above as if specifically set forth herein. 42. That on April 5, 2013 Plaintiffs specifically requested: a complete and accurate list of all contracts entered into by the LLCRA for any construction services or material, or other services; including maintenance, refitting, refurbishing, or any similar activity, for projects approved, undertaken (jointly or singularly) or sanctioned by the LLCRA for more that $50,000 for the years 2008 until present.

12

Defendants failed to respond to the request or claim any statutory exemption, and did not produce any material in accord therewith. After a second request and threat of suit, Defendants on June 17, 2013, did furnish Plaintiffs with: a. a list of three projects with corresponding purchase orders: i. 2010 ii. 2012 iii. 2012 IBI Group, Inc. 9/22/2010 $57500 Town Center

Cornerstone Paving 6/1/12 $125,000 parking lot Arje Holdings LLC 5/30/12 $250,000 BM&F

b. copies of two contracts: i. October 19, 2010 Commercial Faade Improvement Program Loan Agreement ii. February 8, 2012 Lauderdale Lakes CRA Contract for Construction of Library Parking Lot. 43. That based on common knowledge of LLCRA activity since 2008 there exist multiple projects falling into the parameters set forth in paragraph 41 above for which Defendants failed to provide public information. 44. That by failing to acknowledge Plaintiffs request, failing to comply with the request promptly and without unnecessary delay, and by failing to provide all available public information in regard to this request Defendants have violated Chapter 119, Florida Statutes. COUNT III
(3rd request)

(violation of Chapter 119, Florida Statutes) 45. That Plaintiffs re-allege and incorporate by reference paragraphs 1 though 43 above as if specifically set forth herein.

13

46. That on April 5, 2013 Plaintiffs specifically requested: All documents, paperwork, notes, memoranda, email or writings and communications of any kind pertaining to request for bid offers published, including detail of the manner in which they were publicized and/or otherwise offered to the public for any action of the LLCRA as described in paragraph 3 (17 of this complaint) above; as well as all documents, paperwork, notes, memoranda, email or writings and communications of any kind pertaining to bids received pursuant to those requests for bid offers for the years 2008 until the present. Defendants failed to acknowledge or comply with this request. 47. That by failing to acknowledge Plaintiffs request, failing to claim any statutory exemption, or to comply with the request promptly and without unnecessary delay Defendants have violated Chapter 119, Florida Statutes. COUNT IV
(4th request)

(violation of Chapter 119, Florida Statutes) 48. That Plaintiffs re-allege and incorporate by reference paragraphs 1 though 46 above as if specifically set forth herein. 49. That on April 5, 2013 Plaintiffs submitted to Defendants a public records request pursuant to Chapter 119, Florida Statutes seeking: all documents, paperwork, notes, memoranda, email or writings and communications of any kind for any action by the LLCRA as set forth in paragraph 3 (17 of this complaint) above for an amount greater than $50,000 for which the LLCRA did not solicit any competitive bids in a manner substantially similar to the requirements set forth in 190.033, Florida Statutes.2 Defendants have failed to acknowledge this request, claim statutory exemption, or to comply with this request. 2 Chapter 190 sets forth the financial standards and guideline for Community
Development Agencies. 190.033 entails the legal requirements for bid offers.

14

50. That by failing to acknowledge Plaintiffs request, failing to claim any statutory exemption, and failing to comply with the request promptly and without unnecessary delay Defendants have violated Chapter 119, Florida Statutes. COUNT V
(5th request)

(violation of Chapter 119, Florida Statutes) 51. That Plaintiffs re-allege and incorporate by reference paragraphs 1 though 49 above as if specifically set forth herein. 52. That on May 12, 2013 Plaintiffs submitted to Defendants a public records request pursuant to Chapter 119, Florida Statutes seeking: A copy of the real estate appraisal conducted by Anderson and Carr, Inc. for the Ireland property upon which the LLCRA based its offer of purchase price. and further all back up material regarding the acceptance and approval of the appraisal value determined by Anderson & Carr for the purchase of this property. This should include all memoranda, notes, emails, and communications. Defendants have failed to acknowledge this request, claim statutory exemption, or to comply with this request.

53. That by failing to acknowledge Plaintiffs request, failing to claim any statutory exemption, and failing to comply with the request promptly and without unnecessary delay Defendants have violated Chapter 119, Florida Statutes. COUNT VI
(6th request)

(violation of Chapter 119, Florida Statutes)

15

54. That Plaintiffs re-allege and incorporate by reference paragraphs 1 though 52 above as if specifically set forth herein. 55. That as stated above in paragraph 22 Plaintiffs sought credit card records for cards issued to City manager Jonathan Allen since 2010. In contravention of Florida public record laws Defendants failed to comply with Plaintiffs lawful request by withholding a substantial portion of the records without having claimed any lawful exemption. Additionally, Defendants sought to prevent Plaintiffs access to the information sought by imposing an unlawful charge intended to dissuade Plaintiffs from pursuing their request. 56. That by failing to furnish all the records sought, failing to claim any statutory exemption for the material withheld, and by attempting to prevent Plaintiffs access to the information with an artificially and/or unlawful fee, Defendants have violated Chapter 119, Florida Statutes. COUNT VII
(7th request)

(violation of Chapter 119, Florida Statutes) 57. That Plaintiffs re-allege and incorporate by reference paragraphs 1 though 55 above as if specifically set forth herein. 58. That as previously set forth with particularity in paragraph 25 above Plaintiffs have sought complete public records encompassing all emails between Hazeline Carson and Plaintiff Stevens. Plaintiffs have personal knowledge that the 25 emails produced in response to this request is not complete and that Defendants have failed to fully comply.

16

59. That having failed to fully comply with the request for these emails and having not claimed any legal exemption for the materials withheld Defendants have violated Chapter 119, Florida Statutes. COUNT VIII
(8th request)

(violation of Chapter 119, Florida Statutes) 60. That Plaintiffs re-allege and incorporate by reference paragraphs 1 though 58 above as if specifically set forth herein. 61. That as previously set forth with particularity in paragraph 26 above Plaintiffs sought to inspect the personnel files, salary increases and travel records of specified employees, designated as female subordinates of City Manager Jon Allen. 62. That in response to that request Defendants have sought to unlawfully prevent the inspection of these records by demanding an unreasonable and artificially created fee that must be paid by Plaintiffs. 63. That Defendants attempt to prevent or dissuade Plaintiffs from the inspection of these public records be imposition of an unlawful fee is a violation of Chapter 119, Florida Statutes.

COUNT IX
(9th request)

(violation of Chapter 119, Florida Statutes) 64. That Plaintiffs re-allege and incorporate by reference paragraphs 1 though 62 above as if specifically set forth herein.

17

65. That as previously set forth with particularity in paragraph 28 above Plaintiffs sought records form Defendants department of Human Resources, or other custodian, of complaints involving two female subordinates of City Manager Jon Allen, either by or against those employees. 66. That in response to that request Defendants have sought to unlawfully prevent Plaintiffs from gaining access to these records by demanding an unreasonable and artificially created fee that must be paid by Plaintiffs. 67. That Defendants attempt to prevent or dissuade Plaintiffs from the inspection of these public records by imposition of an unlawful fee is a violation of Chapter 119, Florida Statutes. COUNT X
(10th request)

(violation of Chapter 119, Florida Statutes) 68. That Plaintiffs re-allege and incorporate by reference paragraphs 1 though 66 above as if specifically set forth herein. 69. That as previously set forth with particularity in paragraph 30 above Plaintiffs sought copies of emails that contained one or more words specified therein. 70. That in response to that request Defendants have sought to unlawfully prevent Plaintiffs from gaining access to these emails by demanding an unreasonable and artificially created fee that must be paid by Plaintiffs. 71. That Defendants attempt to prevent or dissuade Plaintiffs from gaining access to these public records by imposition of an unlawful fee is a violation of Chapter 119, Florida Statutes.

18

COUNT XI
(11th request)

(violation of Chapter 119, Florida Statutes) 72. That Plaintiffs re-allege and incorporate by reference paragraphs 1 though 70 above as if specifically set forth herein. 73. That as previously set forth with particularity in paragraph 32 above Plaintiffs sought copies of credit card statements for Defendant LLCitys purchases from seven retail vendors with whom City does business. 74. That in response to that request Defendants have sought to unlawfully prevent the inspection of these records by demanding an unreasonable and artificially created fee that must be paid by Plaintiffs. 75. That Defendants attempt to prevent or dissuade Plaintiffs from the inspection of these public records by imposition of an unlawful fee is a violation of Chapter 119, Florida Statutes. COUNT XII
(12th request)

(violation of Chapter 119, Florida Statutes) 76. That Plaintiffs re-allege and incorporate by reference paragraphs 1 though 74 above as if specifically set forth herein. 77. That as previously set forth with particularity in paragraph 34 above Plaintiffs sought to inspect the personnel file of City Manager Jonathan Allen. 78. That in response to that request Defendants have sought to unlawfully prevent the inspection of these records by demanding an unreasonable and artificially created fee that must be paid by Plaintiffs.

19

79. That Defendants attempt to prevent or dissuade Plaintiffs from the inspection of these public records by imposition of an unlawful fee is a violation of Chapter 119, Florida Statutes. COUNT XIII
(13th request)

(violation of Chapter 119, Florida Statutes) 80. That Plaintiffs re-allege and incorporate by reference paragraphs 1 though 78 above as if specifically set forth herein. 81. That as previously set forth with particularity in paragraph 34 above Plaintiffs sought an electronic copy the personnel file of Citys employee Marie Elianor. 82. That in response to that request Defendants have sought to unlawfully prevent access to the personnel file of Marie Elianor by demanding an unreasonable and artificially created fee that must be paid by Plaintiffs. 83. That Defendants attempt to prevent or dissuade Plaintiffs from gaining a copy of these public records by imposition of an unlawful fee is a violation of Chapter 119, Florida Statutes.

COUNT XIV (equitable relief) 84. That Plaintiffs re-allege and incorporate by reference paragraphs 1 though 78 above as if specifically set forth herein. 85. That Plaintiffs herein seek to invoke the equitable jurisdiction of this Court for issuance of a Writ of Mandamus compelling Defendants to immediate release forthwith, and make available to Plaintiffs all materials sought.

20

86. That Defendants should be mandated to release, produce, and make available, each and every record, document, memorandum, report, list, item, file and/or material requested by Plaintiffs as specifically set forth above in their entirety. 87. That equitable relief in this fashion is needed to prevent Defendants from co violating the mandates of Chapter 119, Florida Statutes in a continuing effort to avoid transparency in government both now and in the future. COUNT XV (equitable relief) 88. That Plaintiffs re-allege and incorporate by reference paragraphs 1 though 85 above as if specifically set forth herein. 89. That Plaintiffs herein seek injunctive relief from the Court, and for issuance of a Writ of Prohibition to prevent further violation of 119.07(4) and 119.011(1), Florida Statutes, compelling Defendants to cease the imposition of unlawful and exorbitant fees in conjunction with Plaintiffs public records requests. 90. That without this equitable relief the Defendants will continue to use this method of obstruction in an ongoing attempt to prevent Plaintiffs access to public records. COUNT XVI (equitable relief) 91. That Plaintiffs re-allege and incorporate by reference paragraphs 1 though 89 above as if specifically set forth herein.

21

92. That Plaintiffs herein seek injunctive relief from the Court, and for issuance of a Writ of Prohibition, to prevent the destruction of any public records within the scope of Plaintiffs requests, or any material related thereto. 93. That Plaintiffs seek order of the Court permitting discovery by Plaintiffs to determine the existence of the records and materials requested, and for any and all public information in connection thereto COUNT XVII (costs and attorneys fees) 94. That Plaintiffs re-allege and incorporate by reference paragraphs 1 though 92 above as if specifically set forth herein. 95. That the Defendants have unlawfully refused to permit public records to be copied and/or inspected such as to invoke the provisions of 119.12, Florida Statutes. 96. That the Plaintiffs have been required to retain the undersigned counsel, and have agreed to pay a reasonable fee for counsels services. 97. That Plaintiffs are entitled to an amount equal to these reasonable attorneys fees to be paid by Defendants.

WHEREFORE Plaintiffs seek relief from the Court as follows: a. immediate production of all records requested for either inspection or copying as set forth in the body of this complaint, in full and in their entirety.

22

b. injunctive relief enjoining Defendants from further obstruction, and violation of Chapter 119, Florida Statutes upon further presentation of public records requests by Plaintiffs. c. Imposition of self executing penalties to be assessed against Defendants for future violation of any public records request by Plaintiffs. d. calculation of copying fees to be charged for the records requested previously and henceforth, based solely on the actual cost of duplication as required by law. e. damages in an amount equal to unlawful fees previously paid by Plaintiffs for records received. f. assessment of all reasonable costs and attorneys fees to be paid by Defendants g. all other relief as the Court deems proper and just.

Submitted this 28th day of June, 2013 by,

/s/ David A. Frankel DAVID A. FRANKEL,Esq. Law Offices of David A. Frankel, P.A. 20 South Esat 20th Street Fort Lauderdale, Florida 33316 (954) 557-2244 Fla. Bar No. 741779 designated email- davidfrankel7@gmail.com

23

IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY LAW OFFICES OF DAVID A. FRANKEL, P.A. a Florida professional association, and TIMOTHY CHAZ STEVENS an individual, Case No: Plaintiffs Div: vs. THE CITY OF LAUDERDALE LAKES, a municipal corporation, and THE CITY OF LAUDERDALE LAKES, COMMUNITY REDEVELOPMENT AGENCY, a corporate municipal subdivision Defendants. _______________________________________/ SUMMONS Service on a municipal corporation TO: Mr. Jonathan Allen as City Manager, of and for City of Lauderdale Lakes 4300 NW 36th Street Lauderdale Lakes, FL 33319 IMPORTANT A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached Complaint in this Court. A phone call will not protect you; your written response including the above case number and named parties, must be filed if you want the Court to hear your case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the Court. There are other legal requirements. You may want to call an attorney referral service or a legal aid office listed in the phone book). If you choose to file a written response yourself, at the same time you file your written response to the Court, you must also mail or take a carbon copy or

photocopy of your written response to the Plaintiff/Plaintiffs Attorney named below. DAVID A. FRANKEL, ESQUIRE 20 South east 20th Street Fort Lauderdale, Florida 33316 (954) 557-2244 davidfrankel7@gmail.com

THE STATE OF FLORIDA TO EACH SHERIFF OF THE STATE: You are commanded to serve this Summons and a copy of the Complaint in this lawsuit on the above-named Defendant. DATED ON _________________________, 2013

HOWARD C. FORMAN

By:______________________________ Deputy Clerk (SEAL) IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990 (ADA), DISABLED PERSONS WHO, BECAUSE OF THEIR DISABILITIES, NEED SPECIAL ACCOMMONDATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE ADA COORDINATOR AT 201 SE 6TH STREET, ROOM 136, FORT LAUDERDALE, FLORIDA 33301 OR TELEPHONE VOICE/TDD (954) 831-6364 NOT LATER THAN FIVE BUSINESS DAYS PRIOR TO SUCH PROCEEDING.

IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY LAW OFFICES OF DAVID A. FRANKEL, P.A. a Florida professional association, and TIMOTHY CHAZ STEVENS an individual, Case No: Plaintiffs Div: vs. THE CITY OF LAUDERDALE LAKES, a municipal corporation, and THE CITY OF LAUDERDALE LAKES, COMMUNITY REDEVELOPMENT AGENCY, a corporate municipal subdivision Defendants. _______________________________________/ SUMMONS Service on a municipal corporation TO: Mr. Gary Rogers, Executive Director, of and for City of Lauderdale Lakes Community Redevelopment Agency 4300 NW 36th Street Lauderdale Lakes, FL 33319
IMPORTANT

A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached Complaint in this Court. A phone call will not protect you; your written response including the above case number and named parties, must be filed if you want the Court to hear your case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the Court. There are other legal requirements. You may want to call an attorney referral service or a legal aid office listed in the phone book). If you choose to file a written response yourself, at the same time you file your written response to the Court, you must also mail or take a carbon copy or

photocopy of your written response to the Plaintiff/Plaintiffs Attorney named below. DAVID A. FRANKEL, ESQUIRE 20 South East 20th Street Fort Lauderdale, Florida 33316 (954) 557-2244 davidfrankel7@gmail.com

THE STATE OF FLORIDA TO EACH SHERIFF OF THE STATE: You are commanded to serve this Summons and a copy of the Complaint in this lawsuit on the above-named Defendant. DATED ON _________________________, 2013

HOWARD C. FORMAN

By:______________________________ Deputy Clerk (SEAL) IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990 (ADA), DISABLED PERSONS WHO, BECAUSE OF THEIR DISABILITIES, NEED SPECIAL ACCOMMONDATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE ADA COORDINATOR AT 201 SE 6TH STREET, ROOM 136, FORT LAUDERDALE, FLORIDA 33301 OR TELEPHONE VOICE/TDD (954) 831-6364 NOT LATER THAN FIVE BUSINESS DAYS PRIOR TO SUCH PROCEEDING.