IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT, OF THE STATE OF FLORIDA IN AND FOR MIAMI-DADE COUNTY

AL CRESPO, Pro SePlaintiff

CASE NO:MARC SARNOFFCity CommissionerCity of Miami(In his official capacity)Defendant

__________________________________________________

COMPLAINT

1. This is an action for injunctive relief to enforce Florida Public Records

Law.

2. This Court has jurisdiction pursuant to Chapter 119, Florida Statutes.

3. Plaintiff Al Crespo is a private citizen who uses public records as part of

his writing about the City of Miami.

4. Defendant Marc Sarnoff is the Miami City Commissioner for Distirct 2.

Sarnoff is a public agency as definied by 119.011(2), Florida Statutes and

is, personally the custodian of the records at issue. Pursuant to 119.07,

Floida Statutes, and has a duty to permit the inspection, examination, and

copying of his public records at a reasonable time and under reasonable

conditions, as well as responding to all public record requests for

documents generated as a result of his position as a City Commissioner.

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COUNT I

5. The Plaintiff adopts and alleges the allegations set forth in paragraph 2

through 4.

6. On December 20, 2011, Plaintiff sent a request for the Defendant’s

emails from the period of october 1, 2011 to November 1, 2011.(Exhibit A.)

7. On January 9, 2012, the Plaintiff resent the email to the defendant

along with a short note asking, “What’s up with my public records request

below (Ibid.)

8. On March 27, 2012, the Plaintiff sent the Defendant, a third and final

request for the emails. (Ibid)

9. On April 3, 2012, the Plaintiff wrote to Miami City Attorney, which a copy

to Mr. Joe Centorino, the Executive Director of the Miami-Dade Ethics

Commission, detailing the refusal of the defendant to respond to the

Plaintiff’s legitimate request for the emails requested. (Exhibit II)

10. The documents requested by the Plaintiff are public records within the

meaning of Section 119.011(1), Florida Statutes, as they were made or

receoved in connection with agency business and, are the final written

momorialization of the transaction of agency business.

11. Sarnoff has refused to produce the public records requested by the

Plaintiff, not has he in the last 3 plus months provided any reason why he

has not, or will not comply with the request.

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MANDAMUS

12. The Plaintiff adopts and alleges the allegations set forth in paragraph

2 through 11.

13. According to Section 119.11(1), Florida Statutes, “whenever 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 cases.

14. Failing to produce public records for inspection and impermissbly

conditioning the delivery and inspection of public records upon the

payment of charges that are beyond what is permitted by law constitute

irreparable injury that is not ordinarily and, in this case, not compensable in

damages. Unless the injunctive relief sought is ordered, Robertson will

continue to violate Chapter 119.

15. The Plaintiff requests that the Court set an immediate hearing on its

claim for injunctive relief pursuant to Section 119.11(1) Florida Statutes.

16. The Plaintiff has undertaken this action Pro Se, and asks the Court to

award him costs associated with this action.

17. Award Plaintiff such other and further relief as may be appropriate.

18. The Plaintiff has a clear legal right to have Defendant Sarnoff provide

the public records requested by the Plaintiff.

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19. The Plaintiff has no adequate remedy at law.

20. The Plaitiff requests that this Court set an immediate hearing on its

claim for a Writ Of Mandamus pursuant to Section 119.11(1), Florida

Statutes.

21. The Plaintiff requests that the Court award costs persuant to Section

119.12 Florida Sttautes.

Wherefore, Plaintiff requests that the Court:

(a) Issue an alternative writ of mandamus, requiring Sarnoff to show

cause immediately why a peremptory writ of mandamus should not

be entered, directing him to comply with the public records request;

(b) Set and hold the immediate hearing and thereafter enter the writ of

mandamus ordering Sarnoff to comply with the public records

request without imposing impermissible charges;

(c) Award the Plaintiff costs incurred in obtaining such relief; and

(d) Award the Plaintiff such other and further relief as may be

appropriate, including the Plaintiff’s request that the Court forward

this case to the Miami-Dade State Attorney’s office for review

regarding the Defendant’s “knowingly” violating the provisions

Chapter 119 in denying the Plaintiff the documents he requested.

__________________________ AL CRESPO, Pro Se, Plaintiff

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689 N.E. 92nd StreetMiami, FL 33138305.759.4788

VERIFICATION

IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT, OF THE STATE OF FLORIDA IN AND FOR MIAMI-DADE COUNTY

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AL CRESPO, Pro SePlaintiff

V. CASE NO:

MARC SARNOFFMIAMI CITY COMMISSIONERDefendant

VERIFICATION

STATE OF FLORIDACOUNTY OF MIAMI-DADE

I, Al Crespo, have written the foregoing amended complaint and assert it to be true and correct to the best of my knowledge and belief.

____________________________________AL CRESPOSworn and subscribed before methis _______day of ___________,2012 by Al Crespo who produced________________as identification.

___________________________________NOTARY PUBLIC

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