E-Filed 02/18/2025 04:26:03 PM
IN THE CIRCUIT COURT, SEVENTH
JUDICIAL CIRCUIT, IN AND FOR ST.
JOHNS COUNTY, FLORIDA
Sandy Flowers,
Plaintiff, CASE NO.: 552025CA000225A000MX
vs.
St Augustine Port, Waterway &
Beach Commission,
Defendant.
COMPLAINT TO ENFORCE THE FLORIDA PUBLIC RECORDS LAW AND
ARTICLE 1, SECTION 24 OF THE FLORIDA CONSTITUTION
COMES NOW the Plaintiff, Sandy Flowers (hereinafter, “Plaintiff’), by and
through her undersigned attorney, and files this Complaint for damages and
equitable relief against the Defendant, “St. Augustine Port, Waterways & Beach
Commission” (hereinafter, “Defendant”), and alleges as follows:
1. This is an action for relief to enforce Plaintiff's rights to inspect and
copy public records pursuant to the provisions of the Public Records Act, § 119,
Florida Statutes, and Article I, § 24 of the Florida Constitution.
2. Plaintiff also requests an expedited hearing as required by §
119.011, Fla. Stat.
3. Plaintiff is entitled to inspect and copy public records requested
pursuant to § 119, Fla. Stat., and Art. I, § 24, Fla. Const.
4. Defendant is a political subdivision of the State of Florida and at all
times relevant to this case was an “agency” under § 119.011(2), Fla. Stat., with
an address of 88 Riberia St., St. Augustine, FL 32084.
ROOK RINGER 476 Riverside Ave. #15, Jacksonville, FL 32202 * 904.420.1776 © rook@ringer.law
Page 1 of 8
Accepted 02/20/2025 09:48 AM by the Clerk of the Circuit Court, St. Johns County, Florida, DIN: 55. This Court has jurisdiction over the subject matter of this case
pursuant to §8§ 26.012, 86.011, and 119.11, Fla. Stat.
6. Venue is proper in this Court pursuant to § 47.011, Fla. Stat.
7. All conditions precedent to the bringing of this action have occurred.
8. Plaintiff has requested documents (herein, the “Documents”) that
are in the possession of Defendant, and has no other way to obtain the
Documents.
9. On September 29, 2024,Plaintiff requested copies of “all PowerPoint
presentations, spread sheets, notes and emails created or received by Port
attorney Clay Meek (hereinafter, “Meek”) for the Defendant, pursuant to the
Public Records Act, Chapter 119 of the Florida Statutes.” (Hereinafter, “Request
1,” attached hereto as Exhibit A).
10. Also on September 29, 2024, Plaintiff made a second, similar
request. (Hereinafter, “Request 2,” attached hereto as Exhibit B).
11. On October 7, 2024, Plaintiff received an email from Meek on behalf
of the Defendant acknowledging Request 1 and stating that, “This request is
being reviewed to determine the estimated cost of complying with it. Once that
estimate has been determined, you will be contacted again with the instructions
for the prepayment for the estimated cost of complying with your request.”
(Hereinafter, “Response 1,” attached hereto as Exhibit C). Meek also sent a
second email with the same language with respect to Request 2. (Hereinafter,
“Response 2,” attached hereto as Exhibit D). No records of any kind have been
ROOK RINGER 476 Riverside Ave. #15, Jacksonville, FL 32202 * 904.420.1776 * rook@ringer.law
Page 2 of 8produced, nor had any exceptions been invoked at that time.
12. Asof the filing of this Complaint, it has now been 142 days.
13. The undersigned attorney sent Defendant a notice pursuant to
Florida Statutes §§ 119.07 and 119.12 (hereinafter, the “Notice Letter”) by a letter
sent by certified mail to the Defendant on January 27, 2025.
14. The Notice Letter was delivered to the post office box on January 29,
2025. (See, USPS Tracking Information, attached hereto as Exhibit “A”).
15. Five business days have elapsed since the receipt of the Notice
Letter.
16. Defendant confirmed having received the Notice Letter on February
14, 2025. (See, Letter from Meek of February 14, 2025, attached hereto as
Exhibit “B”) (hereinafter, the “Meek Letter”).
17. Defendant claimed to have only received the Notice Letter on
February 10, 2025.
18. In the Meek Letter, Defendant requests $3,945.00 as a “deposit” in
order to produce the records. (Ex. “B”, at 5).
19. As of the filing of this Complaint, Defendant has still not produced
the public records, and it has been 142 days since the request.
20. This action is not brought for a frivolous purpose but a genuine need
to obtain public records.
21. Defendant is the sole entity in possession of these records, and
Plaintiff has no other way to obtain these records without Defendant’s
ROOK RINGER 476 Riverside Ave. #15, Jacksonville, FL 32202 * 904.420.1776 * rook@ringer.law
Page 3 of 8production.
22. As such, there is no other adequate remedy at law.
Count I: Enforcement of the Public Records Law
23. Section 119.011(12), Fla. Stat., defines public records as “all
documents, letters, maps, books ... or other material, regardless of the physical
form, characteristics, or means of transmission, made or received pursuant to
law or ordinance or in connection with the transaction of official business by any
agency.”
24. Section 119.011(2), Fla. Stat., defines “agency” to mean “any state,
county, district, authority, or municipal officer, department ... or other separate
unit of government created or established by law ... and any public agency,
person, partnership, corporation, or business agency, acting on behalf of any
public agency.”
25. The term “received” in § 119.011(12) refers not only to a situation in
which a public agent takes physical delivery of a document, but also to one in
which a public agent examines a document. If that were not the case, a party
could easily circumvent the public records laws. See, NCAA v. AP, 18 So. 3d
1201, 1204 (Fla. lst DCA 2009) rehearing denied, 2009 Fla. App. LEXIS 16517
(Fla. lst DCA 2009), review denied, 37 So. 3d 848 (Fla. May 24, 2010); Times
Publ'g Co. v. City of St. Petersburg, 558 So. 487 (Fla. 2d DCA 1990) (holding that
records become public records once they have been viewed and used by public
officials). A "document that is used in the course of public business is a public
ROOK RINGER 476 Riverside Ave. #15, Jacksonville, FL 32202 * 904.420.1776 * rook@ringer.law
Page 4 of 8record under the definition in section 119.011(12) if it was... received by the
public official." NCAA, 18 So. 3d at 1208.
26. Section 119.07(1)(a), Florida Statutes proves "every person who has
custody of a public record shall permit the record to be inspected and copied by
any person desiring to do so."
27. The documents Plaintiff requested on September 29, 2024 are public
records subject to the disclosure requirements of § 119.07, Fla. Stat.
28. The documents Plaintiff requested on September 29, 2024 from
Defendant are not exempt from the disclosure requirements of § 119.07, Fla.
Stat. Nor did Defendant state these documents were exempted at the time the
requests were made.
29. Defendant's failure to produce responsive documents to Plaintiff’s
Chapter 119 requests constitutes a non-discretionary refusal to produce public
records that violates § 119.07, Fla. Stat., and Art. I, § 24, Fla. Const.
30. The failure to respond or produce the documents prior to the Meek
Letter constitutes unlawful denial of access. Specifically, “[a]n unlawful denial of
access can occur in many different ways, including delay.” Morris Publ’g Grp..,
LLC v. State, 154 So. 3d 528, 533 (Fla. 1st DCA 2015); See also, e.g., Tribune
Co. v. Cannella, 458 So. 2d 1075, 1079 (Fla. 1984) ("The only delay permitted by
the Act is the limited reasonable time allowed the custodian to retrieve the record
and delete those portions of the record the custodian asserts are exempt."}; see
also Barfield v. Town of Eatonville, 675 So. 2d 223 (Fla. Sth DCA 1996) ("An
ROOK RINGER 476 Riverside Ave. #15, Jacksonville, FL 32202 * 904.420.1776 * rook@ringer.law
Page 5 of 8unjustified delay in complying with a public record request amounts to an
unlawful refusal under section 119.12(1), Florida Statutes.").
31. Unlawful denial may also occur by excessive special services
charges. See, e.g., Carden v. Chief of Police, City of Clewiston Police Dep't, 696
So. 2d 772, 773 (Fla. 2d DCA 1996) ("An excessive charge could well serve to
inhibit the pursuit of rights conferred by the Public Records Act.").
32. Plaintiffhas retained the undersigned counsel to bring this suit, has
incurred costs and attorney's fees in bringing this action, and is entitled to
recovery of costs and reasonable attorneys’ fees pursuant to § 119.12, Fla. Stat.
and has complied with all conditions and precedents that entitle her to an award
of attorney's fees and costs. See, Bd. of Trs. v. Lee, 189 So. 3d 120, 122 (Fla.
2016).
[CONTINUED ON NEXT PAGE]
ROOK RINGER 476 Riverside Ave. #15, Jacksonville, FL 32202 * 904.420.1776 * rook@ringer.law
Page 6 of 8Prayer for Relief
Wherefore, Plaintiff Sandy Flowers demands entry of the following orders
and judgment in her favor:
a. Setting an immediate hearing pursuant to § 119.11(1), Fla. Stat., in
order to address Defendant's ongoing refusal to comply with Chapter
119 and Art. I, § 24 of the Florida Constitution. § 119.11(1), Fla. Stat.,
which provide that "[w]henever an action is filed to enforce the
provisions of this chapter, the court shall set an immediate hearing,
giving the case priority over other pending matters.”
b. Directing the Defendant to appear at such hearing or hearings
pursuant to § 119.11(1), and to show cause why the records requested
by Plaintiff should not be ordered to be produced.
c. Directing the Defendant to produce the records requested by Plaintiff
at such hearing or hearings pursuant to § 119.11(1), Fla. Stat.
d. Directing the Defendant, by writ of mandamus or otherwise, to produce
to Plaintiff, all of the records responsive to Plaintiff's original request.
e. Awarding Plaintiff the costs and attorney's’ fees that she reasonably
has incurred in prosecuting this action initially, and in seeking the
Court's intervention to obtain records requested subsequent to the
initial complaint, pursuant to § 119.12, Fla. Stat.
f. Awarding Plaintiff any other relief that is necessary or appropriate.
ROOK RINGER 476 Riverside Ave. #15, Jacksonville, FL 32202 * 904.420.1776 * rook@ringer.law
Page 7 of 8CERTIFICATION OF SERVICE
I HEREBY certify that a copy of the foregoing was sent to Defendant, St
Augustine Port, Waterway & Beach Commission, P.O. Box 4512, St. Augustine,
FL 32085, and to Clay L. Meek, Clay L. Meek, PLLC, P.O. Box 730188, Ormond
Beach, FL 32173, claymeek@yahoo.com, by electronic service via the e-file portal
on this 18th day of February, 2025.
Dated: 18 FEB 2025
Respectfully submitted,
RT i: lm + a aa ~
Rook Elizabeth Ringer, Esq.
Fla. Bar #1015698
The Law Office of Rook Ringer, PLLC
476 Riverside Ave. #15
Jacksonville, FL 32202
904.420.1776
rook@ringer law
ROOK RINGER 476 Riverside Ave. #15, Jacksonville, FL 32202 * 904.420.1776 * rook@ringer.law
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https:/Aools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text2877 7=&tLabels=958907 1052702386952604%2C &tABt=false 2/2EXHIBIT BCLAY L. MEEK, PLLC
P.O. Box 730188
Ormond Beach, FL 32173
Phone: 386-882-2667
E-mail: claymeek@vahoo.com
February 14, 2025
COPY BY E-MAIL: rook@ringer. law
ORIGINAL BY CERTIFIED MAIL;
RETURN RECEIPT REQUESTED
Rook Elizabeth Ringer, Esq.
476 Riverside Ave., Suite 15
Jacksonville, FL 32202
RE: Public Records Requests
Attorney Ringer:
Your letter dated January 27, 2025, was received by the St
Augustine Port, Waterway, and Beach District ( hereinafter
"District") on February 10, 2025, Please note that, although your
letter references being sent by e-mail as well, the District has
no record of such and did not receive any copy of your January 2),
2025, letter until February 10, 2025.
As I trust you are aware, the District is a very small
governmental entity with no in house staff at all. Rather, it
utilizes an extremely limited number of part-time independent
contractors. Further, the requests are somewhat vague and
overlapping. However, the District is fully willing to comply and
provide the requested copies.
In an effort to save your client money, and eliminate
misunderstanding and duplication, please allow this to
confirm/clarify what is being sought and the reasonable estimated
charges of complying with the requests.
1s* Request
The precise wording of what is hereinafter referred to as the
1st request is:
All billing invoices received by the St Augustine Port,
Waterway & Beach Commission from Port Attorney Clay MeekCLAY L. MEEK, PLLC
Rook Elizabeth Ringer, Esq.
February 14, 2025
Page 2
for his entire length of service, pursuant to the Public
Records Act, Chapter 119 of the Florida Statutes.
This request includes copies of every document related
to the matter, regardless of the format in which the
information is stored.
If you refuse to provide this information, Chapter 119
requires you advise me in writing and indicate the
applicable exemption to the Public Records Act. Also,
please state with particularity the reasons for your
decision, as required by Section 119.07(2) (a). If the
exemption you are claiming only applies to a portion of
the records, please delete that portion and provide
photocopies of the remainder of the records, according
to Section 119.07(2) (a).
I agree to pay the actual cost of duplication as defined
in Section 119.07(1) (a). However, if you anticipate that
in order to satisfy this request, “extensive use” of
information technology resources or extensive clerical
or supervisory assistance as defined in Section
119.07(1) (b) will be required, please provide a written
estimate and justification.
I request these records be available by as soon as
possible or within 10 days. If you have any questions
or need more information in order to expedite this
request, please contact me via email anytime
as sandyflowers11@gmail.com
Thank you for your kind attention and urgent response.
No explanation is given as to what is encompassed by “copies
of every document related to the matter, regardless of the format
in which the information is stored.” After discussion and
Significant thought, the District is unsure of what is requested
beyond the invoices themselves. Taken to an absurd extreme, in
concept, since the invoices reflect what I do for the District,
including attending meetings, that could include everything up to
and including the recordings of the meetings. That would also
include materials that would be largely duplicative of what is
understood to be encompassed by the 2"4 Request as set forth below.CLAY L. MEEK, PLLC
Rook Elizabeth Ringer, Esq.
February 14, 2025
Page 3
In an effort to save your client money, the District is proceeding
with the understanding that what is sought by the 1%t request is
copies of the invoices. If something different or additional is
sought, please let me know that and the estimated charges for
producing the additional materials will be revised accordingly.
Based upon the scope of the 1st request as understood, as set
forth above, it is estimated that the number of pages responsive
to the request is between 55 and 65, and the time required to
provide the requested material by appropriate staff is two hours.
Accordingly, a deposit of $89.00(based upon 60 copies at $0.15
per copy and 2 hours of time) is requested for the costs of
complying with the 1st request. Alternatively, for this request,
a deposit of $80.00 and designation of the e-mail address the
materials are to be sent to in lieu of paper copies may be provided.
Upon confirmation from you/your client that you approve the charges
and upon receipt of the appropriate deposit, the records will be
compiled and provided. If the ultimate actual cost is less than
the deposit, the balance will be refunded. If the ultimate actual
cost is in excess of the deposit, an invoice will be provided with
the requested copies.
2nd Request
The precise wording of what is hereafter referred to as the
2nd request is:
I am writing to request:
A copy of all PowerPoint presentations, spread sheets,
notes and emails created or received by Port attorney
Clay Meek for the St Augustine Port, Waterway & Beach
Commission, pursuant to the Public Records Act, Chapter
119 of the Florida Statutes. Please include entire
email threads and attachments.
This request includes copies of every document related
to the matter, regardless of the format in which the
information is stored.
If you refuse to provide this information, Chapter 119
requires you advise me in writing and indicate the
applicable exemption to the Public Records Act. Also,CLAY L. MEEK, PLLC
Rook Elizabeth Ringer, Esq.
February 14, 2025
Page 4
please state with particularity the reasons for your
decision, as required by Section 119.07(2) (a). If the
exemption you are claiming only applies to a portion of
the records, please delete that portion and provide
photocopies of the remainder of the records, according
to Section 119.07(2) (a).
I agree to pay the actual cost of duplication as defined
in Section 119.07(1) (a). However, if you anticipate that
in order to satisfy this request, “extensive use” of
information technology resources or extensive clerical
Or supervisory assistance as defined in Section
119.07(1) (b) will be required, please provide a written
estimate and justification.
I request these records be available as soon as possible
or within ten days. If you have any questions or need
more information in order to expedite this request,
please contact me via email
at sandyflowersil@gmail.com.
Please forward these records to the same
email sandyflowers1l1@gmail.com
Thank you for your kind attention and urgent response.
As mentioned above, this request overlaps somewhat with the
ist request as my invoices are submitted by e-mail. If you would
like to exclude the overlap and reduce the costs of complying with
either request, please let me know. Otherwise, both requests will
be complied with, including the duplicate materials, upon receipt
of the deposits.
The majority of the materials sought in the 224 request are
not protected, but some will be protected and the volume of
materials is substantial as there are hundreds and hundreds of e-
mails. Accordingly, it will take me significant time to compile
the materials and I am the only staff member who can appropriately
perform this task.
Given the scope of the request as understood, as set forth
above, based upon the initial assessment, it is estimated that the
number of pages responsive to the request is between 1,200 andCLAY L. MEEK, PLLC
Rook Elizabeth Ringer, Esq.
February 14, 2025
Page 5
1,500, and the time required to produce the requested material
will be between 15 and 20 hours.
Accordingly, a deposit of $3,945.00 (based upon 1,300 copies
at $0.15 per copy and 15.0 hours of time) is requested for the
costs of complying with the 2nd request. Upon confirmation from
you/your client that you approve the charges and upon receipt of
the deposit, the records will be compiled. If the ultimate actual
cost is less than the deposit, the balance will be refunded with
the requested copies. If the ultimate actual cost is in excess of
the deposit, an invoice will be provided with the requested copies.
If you have any questions or concerns regarding any of the
foregoing, please advise. Please note that, as to either of the
two records requests, if you/your client fail to provide the cost
deposit within thirty (30) days, that request will be closed.
Best personal regards.
Sincerely,
Lin lad
3 comments:
There's certain people out there in government and out who could care less if they get sued. The prospect that they or their organization might seem less reputable as a result, they don't view things that way. Getting sued is merely a minor inconvenience or like the short wait in between dinner and desert. It's just a fleeting moment like a bird flying through the air and out of view. If anything, them winning such a suit would allow them to justify certain behavior in the future, which is really what they hope for. To be able to do whatever in the hell they want to.
You are right: So true that so many American governments waste our treasure and destroy our people. They are profligate. They impulsively spend our tax money to defend against valid lawsuits. USDOL Chief Administrative Law Judge Nahum Litt, my boss, told me in 1986 that government agencies were willing to spend millions of dollars to chill free speech rights in the workplace.
Honored to represent a majority of the Administrative Law Judges in the U.S. Department of the Interior, who challenged discrimination. The Indian Probate Judges were treated disdainfully, Published peer-reviewed article in ABA publication (Judges' Journal) about their cause. ABA Journal ran a cover story about attacks on ALJs. One Nixonian political appointee at DOI told an ALJ, "It costs us nothing to litigate."
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