Sean Phillippi v. Palm Beach County Public Records Lawsuit

IN THE FIFTEENTH JUDICIAL CIRCUIT
IN AN FOR PALM BEACH COUNTY, FLORIDA

SEAN PHILLIPPI,
Plaintiff,
CASE NO.
v.
DIVISION
PALM BEACH COUNTY, a political
subdivision of the State of Florida,
Defendant.
_________________________________/
COMPLAINT FOR DECLARATORY RELIEF
Plaintiff, SEAN PHILLIPPI, by and through undersigned counsel, sues Defendant,
PALM BEACH COUNTY.
INTRODUCTION
1. This is an action seeking declaratory relief for violations of the Public Records
Act (Chapter 119, Florida Statutes) by Palm Beach County. Plaintiff contends that Defendant
failed to provide requested documents within a reasonable amount of time as required by the
statute.
JURISDICTION
2. This Court has jurisdiction pursuant to Art I., Sec 24. Of the Florida Constitution
and Section 119.07, Florida Statutes.
PARTIES
3. Sean Phillippi is and individual and resident of the state of Florida and is
otherwise sui juris.
4. Palm Beach County is a political subdivision of the State of Florida and is a
custodian of public records as defined in Section 119.011(5), Florida Statutes.
FACTUAL ALLEGATIONS
5. On Tuesday, March 11, 2014, Plaintiff made a public records request (Phone log
request) to the Defendant seeking:
a copy of every incoming and outgoing phone call for Palm Beach County
Commissioner Steven L. Abrams, and that of all of his past and current staff, from the
point he was sworn in as a County Commissioner forward. (See Exhibit A.)
2
6. On Tuesday, March 11, 2014, Plaintiff made a public records request (E-mail
a copy of every outgoing and/or sent email originating from the email account of
Palm Beach County Commissioner Steven L. Abrams from the point he was sworn in as
a County Commissioner forward. (See Exhibit B.)
7. On Tuesday, March 11, 2014, Plaintiff made a public records request (Calendar
a copy of the calendar and schedule of Palm Beach County Commissioner Steven L.
Abrams, and that of all of his past and current staff, from the point he was sworn in as a
County Commissioner forward. (See Exhibit C.)
8. On March 11, 2014, David A. Frye, responded to Plaintiffs initial request
assigning all three requests the same reference number and requesting Plaintiff call Mr. Frye to
discuss the parameters of the request. (See Exhibit D.)
9. On April 14, 2014, Mr. Frye provided documents responsive to the phone log
request.
10. Also on that date, Mr. Frye advised that the calendar request would cost $135.53
and the e-mail request would cost $4,590.74. In that communication Mr. Frye advised that some
of the e-mails would not be subject to disclosure pursuant to Chapter 119.011(12) and State v.
City of Clearwater, 863 So.2d 149 (Fla. 2003) (See Exhibit E.)
11. Further, Mr. Frye advised that it would take approximately 135.5 hours to review
and redact the e-mails, a time frame Mr. Frye called very conservative.
12. In response, on April 16, 2014, Plaintiff reduced the dates for which he sought
records responsive to the e-mail request to calendar year 2009 and 2014 to date. (See Exhibit
F.)
13. On April 17, 2014, Mr. Frye advised Plaintiff that the curtailed e-mail request
would only take 27.2 hours. Further, Mr. Frye advised that if the time took preparing the request
exceeded this time, he would contact the Plaintiff with a revised estimate before proceeding
forward. (See Exhibit G.)
14. On April 29, Plaintiff made payment for both the calendar and e-mail requests in
person.
3
15. On May 12, 2014, Plaintiff e-mailed Mr. Frye seeking the progress of his
request. (See Exhibit H.)
16. On May 12, 2014, Mr. Frye responded that he was hoping to respond to the
calendar request by the end of the week (prior to May 16, 2014) and the e-mail request the
following week (prior to May 23, 2014.) (See Exhibit I.)
17. On May 20, 2014, Plaintiff again e-mailed Mr. Frye seeking the status of his
request. (See Exhibit J.)
18. On May 20, 2014, Mr. Frye responded that he hopes to fulfill the calendar request
by Friday of this week (May 23, 2014.) (See Exhibit K.)
19. My Frye, despite his earlier hopes that the e-mail response would be ready by
May 23, 2014, now asserted that the e-mails will be a while yet possibly sometime next
week. (See Exhibit K.)
20. To date, nearly three months after the initial request, Palm Beach County has
failed to provide documents responsive to Plaintiffs calendar request or e-mail request.
COUNT I VIOLATION OF FLORIDAS PUBLIC RECORDS LAW
21. Plaintiffs re-allege paragraphs 1-18 as if fully set forth herein.
22. This is an action seeking declaratory relief against Palm Beach County.
23. Plaintiff made a request for public records as permitted by Florida law.
24. Defendant has a clear statutory duty to provide access to public records by remote
electronic means. (See Florida Statute 119.07(2)(a).)
25. Defendant failed to comply with the request in a timely fashion whether due to
ineptitude or intentional wrongdoing is the equivalent of an unlawful denial of the request
pursuant to Florida law.
ATTORNEYS FEE AND COSTS DEMAND
Plaintiff has retained the undersigned law firm to prosecute this action and demands
payment of all attorneys fees and costs associated with this actions, pursuant to Chapter 119.12,
Florida Statutes.
WHEREFORE, Plaintiff prays for the following relief:
1. A declaration that the Defendant failed to comply with its statutory duty with
regard to the calendar request and the e-mail request, pursuant to Floridas Public Records Law
(Chapter 119, Florida Statutes);
4
2. An order directing the Defendant to provide documents responsive to the calendar
request and e-mail request without delay;
3. An order awarding attorneys fees and costs to Plaintiff for prosecuting this
action; and
4. Any other relief this court deems just and proper.
DATED: June 6, 2014
Respectfully submitted,
NICHOLAS T. STEFFENS & ASSOCIATES, P.A.
Nicholas T. Steffens, For the Firm
Florida Bar No.: 0010873
6810 State Road 7, Second Floor
Coconut Creek, Florida 33073
P: (954) 757-1687
F: (954) 301-6333
E: nick@ntslaw.com
Attorney for Plaintiff
1
Nicholas Steffens
From: Sean Phillippi <sean.phillippi@gmail.com>
Sent: Monday, June 2, 2014 12:02 PM
To: Nicholas Steffens
Subject: Fwd: Public Records Request: Comm. Abrams phone logs
---------- Forwarded message ----------
Date: Tue, Mar 11, 2014 at 12:15 AM
Subject: Public Records Request: Comm. Abrams phone logs
To: dnieman@pbcgov.org
Hello,
I am making a public records request for a copy of every incoming and outgoing phone call for Palm Beach
County Commissioner Steven L. Abrams, and that of all of his past and current staff, from the point he was
sworn in as a County Commissioner forward.
--
Warmest Regards,
Sean Phillippi
(954) 415-0647
"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only
thing that ever has." - Margaret Mead
--
Warmest Regards,
Sean Phillippi
Managing Member
TLE Analytics LLC
(954) 415-0647
EXHIBIT A
1
Nicholas Steffens
Subject: Fwd: Public Records Request: Comm. Abrams outgoing emails
Subject: Public Records Request: Comm. Abrams outgoing emails
Hello,
I am making a public records request for a copy of every outgoing and/or sent email originating from the email
account of Palm Beach County Commissioner Steven L. Abrams from the point he was sworn in as a County
Commissioner forward.
--
Warmest Regards,
Sean Phillippi
(954) 415-0647
--
Warmest Regards,
Sean Phillippi
Managing Member
TLE Analytics LLC
(954) 415-0647
EXHIBIT B
1
Nicholas Steffens
Subject: Fwd: Public Record Request: Comm. Abrams Schedule
Subject: Public Record Request: Comm. Abrams Schedule
Hello,
I am making a public records request for a copy of the calendar and schedule of Palm Beach County
Commissioner Steven L. Abrams, and that of all of his past and current staff, from the point he was sworn in as
a County Commissioner forward.
--
Warmest Regards,
Sean Phillippi
(954) 415-0647
--
Warmest Regards,
Sean Phillippi
Managing Member
TLE Analytics LLC
(954) 415-0647
EXHIBIT C
1
Nicholas Steffens
Subject: Fwd: Public records request (PRR-985 PILLIPPI D4) 1st resp
From: Records Request <recordsrequest@pbcgov.org>
Subject: Public records request (PRR-985 PILLIPPI D4) 1st resp
To: "sean.phillippi@gmail.com" <sean.phillippi@gmail.com>
Cc: Denise Nieman <DNieman@pbcgov.org>, Lucia Bonavita <LBonavita@pbcgov.org>, Steven Abrams
<SAbrams@pbcgov.org>, Robert Weisman <RWeisman@pbcgov.org>, Verdenia Baker
<VBaker@pbcgov.org>, Brad Merriman <BMerrima@pbcgov.org>, Lisa DeLaRionda <ldelario@pbcgov.org>
Mr. Phillippi:
Your public records request, submitted via three e-mails earlier today, have been received and are
being registered under the single reference number of PRR-985.
As I understand it, you are requesting the following:
a copy of every outgoing and/or sent email originating from the email account of Palm Beach
County Commissioner Steven L. Abrams,
a copy of every incoming and outgoing phone calls for Commissioner Abrams and that of all
of his past and current staff; and
a copy of the calendar and schedule of Commissioner Abrams, and that of all of his past and
current staff, and all three of these elements are for from the point he was sworn in as a
County Commissioner forward.
EXHIBIT D
2
Please reply here or call me at your earliest convenience to discuss the parameters of this request. I have a few
questions for you before we can begin.
Regards,
David A. Frye
Palm Beach County PBC TV
Public Affairs/Public Records
561.355.6680
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address
released in response to a public records request, do not send electronic mail to this entity. Instead,
contact this office by phone or in writing.
--
Warmest Regards,
Sean Phillippi
Managing Member
TLE Analytics LLC
(954) 415-0647
1
Nicholas Steffens
Sent: Monday, June 2, 2014 11:59 AM
Subject: Fwd: Public records request (PRR-985 PILLIPPI D4) cost est-pt. 2
Attachments: PRR-985 phone docs.zip
Date: Mon, Apr 14, 2014 at 2:27 PM
Subject: Public records request (PRR-985 PILLIPPI D4) cost est-pt. 2
To: Sean Phillippi <sean.phillippi@gmail.com>
<VBaker@pbcgov.org>, Brad Merriman <BMerrima@pbcgov.org>, Lisa DeLaRionda
<ldelario@pbcgov.org>, "gbennett@pbpost.com" <gbennett@pbpost.com>, Anne Helfant
<AHelfant@pbcgov.org>
Mr. Phillippi:
As we discussed late last week, the phone records responsive to your public records request, number
PRR-985, are attached.
There is no cost for this service, in accordance with county policy.
The cost to process the rest of your request is as follows, and these figures reflect 30 minutes of labor
per employee, per request supplied free of charge, in accordance with that same county policy.
" a copy of the calendar and schedule of Commissioner Abrams, and that of all of his past and
current staff"
4.0 hrs (4.5 hrs. - .5 hrs) @$33.88 per hour = $135.52.
" a copy of every outgoing and/or sent email originating from the email account of Palm Beach
County Commissioner Steven L. Abrams from the point he was sworn in as a County
Commissioner forward."
A preliminary search pulled more than 17,000 messages, which have to be reviewed and redacted as
required by state law. As you requested, I confirmed that e-mails unrelated to official county business
are not considered public records and are exempt from disclosure (first, by definition, F.S. 119.011,
(12) and also see State v. City of Clearwater, 863 So.2d 149 (Fla. 2003) at 154).
Estimating that approximately 1,000 e-mails could be reviewed in an 8-hour period - a very
conservative estimate - the cost for this service would be as follows:
EXHIBIT E
2
135.5 hrs. (17 x 8 hrs = 136 hrs. - .5 hrs) @$33.88 = $4,590.74
Please be advised the time span to complete this work is not continuous, but every effort will be made
to process your request in a reasonable time frame.
As you may know, these charges are levied to recover the actual expense to the County for this service, in
accordance with Florida Statute 119.07(4)(d) and county policy. They do not include any charges for
photocopying, which is not likely here, since it appears that all responsive records can be provided to you in
electronic/digital form (PDF).
Please be advised that while we believe the cost should not exceed the amount shown, it could fluctuate in the
process. If that should occur, the County will reimburse you for any overpayment made due to
overestimation of the costs. Conversely, you will be required to pay any shortfall caused by underestimating
of cost by the County. We will notify you of any possible overage we may encounter during processing, and
request your approval of the additional cost prior to performing the work causing it.
The next step in the process would be for you to reply to this e-mail with your approval of this estimate.
Then you should send a deposit for the estimated cost shown - in the form of a check in the amount of
$4,726.26 payable to Palm Beach County Board of County Commissioners. Upon receipt of that payment,
we will process the remainder of your request and send you a formal invoice of the total actual cost of its
fulfillment. Any balance remaining will be due (or refunded) upon delivery of the responsive records.
Please send the deposit payment to Palm Beach County Public Affairs, Public Records, 301 N. Olive Ave.,
Ste 1002.1, Att'n: David A. Frye
Please reply here or call me directly with any questions in this matter.
Regards,
David A. Frye
Palm Beach County PBC TV
Public Affairs/Public Records
561.355.6680
3
--
Warmest Regards,
Sean Phillippi
Managing Member
TLE Analytics LLC
(954) 415-0647
1
Nicholas Steffens
Sent: Thursday, June 5, 2014 2:40 PM
Date: Wed, Apr 16, 2014 at 4:15 PM
Subject: Re: Public records request (PRR-985 PILLIPPI D4) cost est-pt. 2
To: Records Request <recordsrequest@pbcgov.org>
Thank you for getting back to me! I want to put in writing what I mentioned over the phone, which is my
request was/is INCLUSIVE of all emails (both commission related emails and non-commission related emails
sent from Comm. Abrams county email account). I also asked for the statute for all emails that are not going to
be disclosed, and I do appreciate you citing the statute. My request still stands though. I am making this
request to you Mr Frye, and also to you directly Comm. Abrams. Please let me know when such emails are
disclosed whether they are inclusive or exclusive of emails deemed to be about something other than official
county business.
Also, who will be making the decision with regards to what is county related business and what is not? What
standard will that person be using, and what processes will be in place to ensure that this process is done in a
way that is above reproach?
With regards to the quotes, I will try to get up to West Palm Beach this week to drop off the check in person for
the calendars. I want to do this in person, and if I am not able to get up there this week I will definitely get there
during the early part of next week. Do I need an appointment or can I drop by your office at any time during
regular business hours Mr. Frye?
With regards to the quote for the outgoing emails from Comm. Abrams email account, the quote is much higher
than you gave me on the phone. I understand why you are looking to be conservative in your quote, and I think
that I have come up with a positive sum solution! You mentioned that it took you less than a minute to come up
with the total number of emails that may be covered by my request. So, what I would like to do is to have the
calendar years 2009 and 2014 done in a phase 1. How many emails are covered by those two calendar
years? Doing it this way will get me the emails earlier than I would have gotten them if I waited to get the
emails for every year that Comm. Abrams has been on the commission, it will better the pricing equation by
giving everyone an estimate based on people actually reviewing emails to use for the emails from 2010-2013
instead of a guestimate by you (which is the only way to do it at this point, so this is not a knock on you at all
Mr. Frye), and will let me start sifting through the emails from 2009 and 2014 while you simultaneously review
EXHIBIT F
2
the emails from 2010-2013. So, how many emails are covered from 2009 and 2014, and what estimate do I
have to pay to start the process of reviewing emails from those years?
I look forward to hearing back from you soon Mr. Frye, and always feel free to call me if you have any
questions about anything with regards to this email or my three public records requests. No matter what, have a
great day!
On Mon, Apr 14, 2014 at 4:17 PM, Records Request <recordsrequest@pbcgov.org> wrote:
We are not equipped to accept credit/debit cards, and for security/safety reasons I wouldn't
recommend a cash payment because of the amount, but you could send a bank check/money order
purchased from the cash, if that's an option.
From: Sean Phillippi [mailto:sean.phillippi@gmail.com]
Sent: Monday, April 14, 2014 3:14 PM
To: Records Request
Cc: Denise Nieman; Lucia Bonavita; Steven Abrams; Robert Weisman; Verdenia Baker; Brad Merriman; Lisa
DeLaRionda; gbennett@pbpost.com; Anne Helfant
If a check the only form of payment accepted? Do you accept cash or a credit/debit card?
--
Warmest Regards,
Sean Phillippi
Managing Member
TLE Analytics LLC
(954) 415-0647
3
--
Warmest Regards,
Sean Phillippi
Managing Member
TLE Analytics LLC
(954) 415-0647
1
Nicholas Steffens
Sent: Thursday, June 5, 2014 2:40 PM
Date: Thu, Apr 17, 2014 at 3:52 PM
Subject: RE: Public records request (PRR-985 PILLIPPI D4) cost est-pt. 2
Mr. Phillippi:
In accordance with statutes previously cited, we are only obligated to release those e-mails that are
actually public records - those being e-mails written in the course of conducting official business of
this agency. As a result, if you decide to continue with this portion of your request, all e-mails
provided to you will be county-related.
As for the review process, I am the person reviewing the e-mails and making the call, based upon my
eleven years employment experience with the county and basic common sense. As for reproach, I
can assure you that I have no intention of committing a felony to eliminate a few e-mails.
Please call my office, 561-355-6680, to let me know when you are coming and I will be sure to make
myself available to receive your deposit payment for the calendar portion of your request.
I'm not sure what you mean about the cost estimate I provided. I don't recall mentioning an exact
number on the phone, except to say that it would undoubtedly be time-consuming and therefore
costly.
EXHIBIT G
2
As you requested, I did check the search results and there are approximately 3,400 total e-mails in
calendar years 2009 and 2014. Using the formula of 1,000 e-mails reviewed/redacted in 8 hours, that
would be approximately 27.2 hours @$33.88, for an estimated cost of $921.53 for just those two
years. A deposit for that amount would be required to begin the review process for what you are
calling "phase 1". If the cost exceeds that estimate while the review is in process, I would contact you
with a revised estimate for your approval before continuing.
I can give you the estimated cost for reviewing the other e-mails for the remaining four years in the
next few days.
Please reply here or call me directly with any further questions you may have in this matter.
Regards,
David A. Frye
Palm Beach County
Public Affairs/PBC TV
561.355.6680
Sent: Wednesday, April 16, 2014 4:15 PM
To: Records Request
Thank you for getting back to me! I want to put in writing what I mentioned over the phone, which is my
request was/is INCLUSIVE of all emails (both commission related emails and non-commission related emails
sent from Comm. Abrams county email account). I also asked for the statute for all emails that are not going to
be disclosed, and I do appreciate you citing the statute. My request still stands though. I am making this
request to you Mr Frye, and also to you directly Comm. Abrams. Please let me know when such emails are
disclosed whether they are inclusive or exclusive of emails deemed to be about something other than official
county business.
3
Also, who will be making the decision with regards to what is county related business and what is not? What
standard will that person be using, and what processes will be in place to ensure that this process is done in a
way that is above reproach?
With regards to the quotes, I will try to get up to West Palm Beach this week to drop off the check in person for
the calendars. I want to do this in person, and if I am not able to get up there this week I will definitely get there
during the early part of next week. Do I need an appointment or can I drop by your office at any time during
regular business hours Mr. Frye?
With regards to the quote for the outgoing emails from Comm. Abrams email account, the quote is much higher
than you gave me on the phone. I understand why you are looking to be conservative in your quote, and I think
that I have come up with a positive sum solution! You mentioned that it took you less than a minute to come up
with the total number of emails that may be covered by my request. So, what I would like to do is to have the
calendar years 2009 and 2014 done in a phase 1. How many emails are covered by those two calendar
years? Doing it this way will get me the emails earlier than I would have gotten them if I waited to get the
emails for every year that Comm. Abrams has been on the commission, it will better the pricing equation by
giving everyone an estimate based on people actually reviewing emails to use for the emails from 2010-2013
instead of a guestimate by you (which is the only way to do it at this point, so this is not a knock on you at all
Mr. Frye), and will let me start sifting through the emails from 2009 and 2014 while you simultaneously review
the emails from 2010-2013. So, how many emails are covered from 2009 and 2014, and what estimate do I
have to pay to start the process of reviewing emails from those years?
I look forward to hearing back from you soon Mr. Frye, and always feel free to call me if you have any
questions about anything with regards to this email or my three public records requests. No matter what, have a
great day!
--
Warmest Regards,
Sean Phillippi
Managing Member
TLE Analytics LLC
(954) 415-0647
4
1
Nicholas Steffens
Date: Mon, May 12, 2014 at 12:39 PM
Hello Mr. Frye,
I am checking in to see the progress of my request. Are the calendars ready? What is the ETA for the email
requests?
On Mon, Apr 28, 2014 at 10:50 AM, Records Request <recordsrequest@pbcgov.org> wrote:
No problem - I will be here. Just come to the 10th fl and follow the signs to "Channel 20".
Regards,
David A. Frye
Palm Beach County
561.355.6680
Sent: Monday, April 28, 2014 10:40 AM
To: Records Request
EXHIBIT H
2
I was very sick with the flu last week, which is why I wasn't able to make it up to your office Mr. Frye. Will
you be there tomorrow at 10am? If you are, I would like to drop by with the checks at that point in
time. Please let me know. Thank you!
--
Warmest Regards,
Sean Phillippi
Managing Member
TLE Analytics LLC
(954) 415-0647
--
Warmest Regards,
Sean Phillippi
Managing Member
TLE Analytics LLC
(954) 415-0647
1
Nicholas Steffens
Subject: Fwd: Public records request (PRR-985 PILLIPPI D4) followup 1
Date: Mon, May 12, 2014 at 1:46 PM
Subject: RE: Public records request (PRR-985 PILLIPPI D4) followup 1
Mr. Phillippi:
Your request is still in process. I hope to have the calendars to you this week and the e-mails
sometime later next week.
Regards,
David A. Frye
Palm Beach County
561.355.6680
Sent: Monday, May 12, 2014 12:40 PM
To: Records Request
Cc: Denise Nieman; Lucia Bonavita; Steven Abrams; Robert Weisman; Verdenia Baker; Brad Merriman; Lisa DeLaRionda
Hello Mr. Frye,
EXHIBIT I
2
requests?
--
Warmest Regards,
Sean Phillippi
Managing Member
TLE Analytics LLC
(954) 415-0647
1
Nicholas Steffens
Date: Tue, May 20, 2014 at 1:20 PM
Subject: Re: Public records request (PRR-985 PILLIPPI D4) followup 1
Hello Mr. Frye,
I am just checking in again to see when I can come by to pick up the info from my request. How much of it can
you email me versus my picking up hard copies?
On Mon, May 12, 2014 at 1:46 PM, Records Request <recordsrequest@pbcgov.org> wrote:
Mr. Phillippi:
Your request is still in process. I hope to have the calendars to you this week and the e-mails
sometime later next week.
Regards,
David A. Frye
Palm Beach County
561.355.6680
EXHIBIT J
2
Sent: Monday, May 12, 2014 12:40 PM
To: Records Request
Hello Mr. Frye,
requests?
--
Warmest Regards,
Sean Phillippi
Managing Member
TLE Analytics LLC
(954) 415-0647
--
Warmest Regards,
Sean Phillippi
Managing Member
TLE Analytics LLC
(954) 415-0647
1
Nicholas Steffens
Date: Tue, May 20, 2014 at 4:19 PM
Subject: RE: Public records request (PRR-985 PILLIPPI D4) followup 2
Mr. Phillipi:
I hope to have at least your calendar records ready by Friday of this week. The e-mails will be a while
yet - possibly sometime next week.
They will all be sent to you in digital form - you will not have to pick them up.
Regards,
David A. Frye
Palm Beach County
561.355.6680
Sent: Tuesday, May 20, 2014 1:21 PM
To: Records Request
Subject: Re: Public records request (PRR-985 PILLIPPI D4) followup 1
EXHIBIT K
2
Hello Mr. Frye,
I am just checking in again to see when I can come by to pick up the info from my request. How much of it can
you email me versus my picking up hard copies?
--
Warmest Regards,
Sean Phillippi
Managing Member
TLE Analytics LLC
(954) 415-0647

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