Fling #2082147 letrnialy Hed 12/0/2014 0242517 PM INTHE ORCUTT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA. CASE NO: 2014.CA-4667-X0 DIVISION: CV-E, JEFFREY MARCUS GRAY Plain, ‘LUTHERAN SOCIAL SERVICES OF NORTHEAST FLORIDA, INC. Defendant. ! ‘FINAL ORDER DENYING RELIEF UNDER PUBLIC RECORDS ACT This cavse came to be heard on the Initial Complaint filed by Plaintiff, Jeffrey Marcus Gray (hereinafter “Gray"), requesting that the court declare Defendant Lutheran Social Services of Northeast Florids, Inc. [hereinafter “L$S"] to be in violation of Chepter 119, Florida States (hereinafter “the Act”], and award attorneys’ fees and costs pursuant tothe Act, ‘From the evidence the court finds: 1. Gray i a self described “svi sights activist” who ears part of his livelihood ‘by making public records requests for unwanted documents on unsuspecting ‘private entities which are agents of public agencies, and potentially subject to the requirements of the Act 2. LSS is « nonprofit corporation whose mission isto asist people in need. LSS belps people that are vulnerable duo to iiness or poverty. Their benetciazies Include refugees, cilden of refugees, people afflicted with AIDS, the Page of 8homeless, and those suffering from mental ness. It provide social services, ‘mental health case mangement services, youth sevice, and other vitally ‘important services to people in need within the community Gray and others have teamed upto make public eter demands for unwanted documents on numerous peivate entities which contact with various sovernmentageaies generally to provide spi services, To dat, Gey is cr has been a plaintiff in 18 seperate 2014 lawauits involving public records requests in Duval County. ‘The means uilized by Gray and those asscized ‘with im to make these pubic records requests follow a similar pattem. The ‘moans used in the instant caso fo make a request of LSS is representative of that pete, |. Albham Shalfth hereinafter “Shafi is one of the lawyers that ls thesa ‘its on behalf of Gray. In Duval County in the year, 2014, Shakfch has fle spproximately 13 lawsuits seeking public records on behalf of Gray. Shakfth lists his home office ia Tampa, lia, . Joel Chandler [hereinater “Chandler”| identified himself as Shakfeh’s ‘aralegel and sat at counsel table next to Shakfo a hearing, Chandler picked ‘wp Gray and drove im to LSS and several other places tht day forte sole ‘upose of making public record requests. According to Gray, Chandler is a resident of Lakeland, Florida 5. Thomas Covenant [herensfer “Covenant” was with Gray when Gray entered the offices of LSS on June 16,2014, He testified the purpose of his presence at LSS was to provide witness testimony in future legal proceedings, Page 2 of 87. Bither Chandler or Covenant regulary reviews the “Chief Financial Offcer’s Website” to scan posted contacts executed between private entities and ‘government agencies. The results ofthe search are supplied to Gray, ‘The contacts are printed and Gray, Ceandler, and Covenant drive to various private entities and request unwanted documents under the Public Records ‘Act, They often visit more than one place in day. 8. Thirteen of the eighteen cases that Gray has filed this year in Duval County were filed by Shakfeh Io ten of these cases, which sppear to be separate and Junrlated to each other, Shakfth and Gray allege dates of public records requests between June 16, 2014, and June 19, 2014. In case 2014-CA-4544, Gray alleges he sought pubic records on June 16,2014 [the samme date asthe {instant action), ftom an entity named Bisman and Russo Ino 9. Neither Gray, nor any of his associates, made any effort to inform o advise ‘anyone associated with LSS thet they were coming to request documents ‘under the Act The failure o provide advance notice or write notice of eny ‘sind to LSS was intentional and designed to catch LSS off-gusrd to obtain an initia ejection of Gray's unneeded request. 10. Shakfeh pays Gray when he recovers attomeys' ftes in these cases, - Gray ‘estfied end Shakfeh argued that payments to Gray in the past were from “settlement proceeds.” However, the relief available under tho Act is production ofthe requested documents, costs, and attomeys? fees. There is ‘sot a basis for an award for monetary damages. Shakdeh claimed during ‘argument that the “settement proceeds” are generated in exchange for Page of 8dismissing claims for “declaratory relief” This, to, would not give rise to an award for monetary damages. The court concludes that ny payment to Gray {nthe past in other cass is merely afee-spliting aangement between Gray snd Shakfeh, The use ofthe term “settlement proceeds” is simply an effet to ‘mislabel any monetary distribution between thers: 11, Based on this agrecment, Gray hus a financial interest in assuring that his requests for public records are refused, The circumstances surrounding his ‘equest inthe instant case leave no doubt that is ulterances to representatives of LSS regarding potential public records were a beiting gesture meant to achiove personal financial gain; not a legitimate request for public records, 12, Before Gray entered the offices of LSS, he strapped a video camera srouad his neck and surepitiously filmed and recorded conversations between himself and representatives of LSS. Ke purposely refrained ftom touching the camera ‘Wit his hands to avoid atteation toi. I is epparent from the video tht those cageged in conversations with Gray had no idea they were being recorded, 13. Before entering the ofice, Gray marked the time of his arial by videotaping 2 clock inthe automobile driven by Sbakh’s paralegal. Gray acknowledged ‘this was done to present as evidence in subsequent legal proceedings. 14. The contract in question between Children and Family Services (the public agency] and LSS provides for youth services by. LSS to refugees Living ia Duval County. The language of the contract states that “the Department is ‘engaging the provider for the purpose of providing youth services to assist Pages of 8ligble refugeesenirans to strengthen fly stability and integration into the Iocal community.” 15. ily, Gray asked Mr. Richard Mochowsli (*Moshowali”] to inspect and Photograph the general insurance policy of LSS. Although Gray had the contract in hand, be did not reference the contract when he made this request. Mochowski suggested that Gray speak with Jerome Crawford [beeinafter “Crawford, he project manager on the contract. 16, Crawford immeditely discussed the matter with Gray, When asked by Gray, CCraword acknowledged his belie tht LSS was subject to the Act. Gray ssked Crawford for proof of insurance required by the coniact. This request ‘was substantially diferent ftom the request made earlier to Mochowsk end possibly created some confusion, Crawford acknowledged that LSS possessed proof of insurance at the offic, but believed that the document was not subject to disclosure under the Act from LSS, and advised Gray that it was svallable from the Department of Children and Family Services. Gray aad Covenant left the ofice without providing any contact information, When ‘asked why he filed to provide such information, Gray testified he wanted “anonymity,” despite being gersonaly preseat a te office, Once Gray lef, 18S had no way to contact him 17. The next contact LSS had with Gray oosured when he fled the instant lawsuit on ily 1, 2014. Oddly, Gray id not identify in his nts) Complaint ‘the documents that he clsimed were denied him. Notwithstanding the tack of clarity as to the documents in question, LSS promplly provided Gray Pages of 8ocuments on Tly 31, 2014. At a peeininary hearing held September 1, 2014, Shah, with Gray side him, was unsure wheter or nt his ciet ‘wanted more than what ha already been provided to him. Nevertheless, LSS offered and the court ordered Shakfch and Gray en opportunity to inspect documents 18. The means to request public records under Chapter 119, Florida Statutes, “utilized by Gray was unreasonable and a flagrant abuse of the statute. Gray in sn effort io ambush LSS, puposely denied LSS any advanced or wniten aotice of his demends, purposely fled to provide any contact informatio, ‘and purposely appeared on a busy work day in hopes of manufacturing an sttomeys” fe, tobe shared with Gray, It was nothing more hana scam. 19, Notwithstanding the unreesoableness of the actions of Gray and his asoocates, Gry obtsined the documents ina reasonable tine, This ws not accomplished by the fing of awit. The lawsuit served oly to provide Gray's contact information to LSS. However, it was not necessary to file a swsuit in order to merely provide an address or phone number. 20. The actions of Gray, Chandler, end Covenant prove beyond & reasonable doubt at they obtained exactly what they wanted, namely anil deni of ‘an unressonable and bogus request, This was accomplished in a mamer purposely designed to preveat LSS from corecting any possible err. 21. Gray and his associates seoety and unlawfly recorded representatives of 1LSS in room where those in need of housing or meatal eelth services, or ‘those suffering with AIDS, wait for assistance. The fact that these clieats of Page 60881LSS use this room as 2 waiting area weighs heavily in favor of finding an expectation of privacy at the time representatives of LSS were secretly recorded. However, by agreement the parties consented tothe introduction of the DVD which contained audio recordings, 22. Gray's lawsuits in Duval County prove that he schemes against many private agencies that contract with the state of Florida. These private entities may be subject to the requxements ofthe Act, In fic, the contract between LSS and the Department of Children and Family Services puts LSS on notice that it is subject to the Act. However, if this court and other cours sxe willing to ‘condone or reward the type of abuse demonstrated here, private entities may not be as willing to contract withthe state of Florida. I private entity must ay an attorney's foe every time an agent denies needless request, the cost to the state to provide important services by contracting with private entities will increase; or private entities might discontinue bidding on these contracts. The hiling effect could be disastrous to the Stats, Further, the Act was not designed to create a cottage industry for so-called “civil rights activists” or others who seekcto abuse dhe Act for financial gain CONCLUSION ‘The means utilized by Gray to obtain public records was unreasoaable, The fling of the lawauit served nothing more than to provide Gray's adaress and/or phone number to LSS which could bave easily been done by Gray without the necessity of «lawsuit Page 7 of 8‘Nevertheless, Gray was provided all unwanted records to photograph and inspect in a reasonable time, ‘Therefore, it is ordered and adjudged that 1, The Initial Complain seeking relief under Chapter 119 is denied. DONE AND ORDERED in Chambers Jacksonville, Duval County, Flori, this 1st ay of December, 2014, Copies furnished to: Abraham Shakcfeb, Bsquire Daniel K. Bean, Esquire Page 8 of 8