Filing 65520112 E?Filed 12/18/2017 01:48:03 PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida, Plaintiff, V. Case N0.: EVERGLADES LAW CENTER, INC., LAKE POINT PHASE I, LLC, a Florida limited liability company, LAKE POINT PHASE II, LLC, a Florida limited liability company, MARTIN COUNTY, a political subdivision of the State of Florida, and MAGGY HURCHALLA, Defendants. MOTION FOR LEAVE TO FILE SUPPLEMENT TO COMPLAINT FOR DECLARATORY RELIEF Plaintiff South Florida Water Management District (the ?District?), by and through undersigned counsel and pursuant to Fla. R. Civ. P. hereby seeks leave to file a Supplement to its Complaint for Declaratory Relief (?Supplemental Complaint?) and in support thereof states as follows: 1. The District filed its original Complaint for Declaratory Relief on October 18, 2017, seeking a declaration from the Court that the District is not required to produce certain public records it believes are protected by the work?product exemption and mediation privilege, in response to a public records request submitted by the Everglades Law Center. 2. Subsequently, on December 11, 2017 the District received a second and nearly identical request from Maggy Hurchalla, demanding the very same records that are the subject of this pending action. Electronically Filed Martin Case 17001098CAAXMX 12/18/2017 01:48:03 PM 3. In response to Hurchalla?s public records request, the District seeks leave to ?le and serve the Supplemental Complaint attached hereto as Exhibit 1. 4. Pursuant to Fla. R. Civ. P. ?[u]pon motion of a party the court may permit that party, upon reasonable notice and upon such terms as are just, to serve a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented.? 5. This Court should grant the District leave to ?le its Supplemental Complaint so that the District may plead subsequently acquired facts. No party will be prejudiced by the supplement. This case has not been set for trial and no discovery has been undertaken. Further, the motion is made in good faith and not for the purpose of delay. The interests of justice merit this Court granting the requested leave. WHEREFORE, the District respectfully requests that this Court enter an Order granting the District?s Motion for Leave to File a Supplement to its Complaint for Declaratory Relief, and deeming the Supplemental Complaint attached to this Motion as Exhibit 1 as filed on the date of the Court?s Order. Respectfully submitted this if day of December, 2017. - FOX, WACKEEN, DUNGEY, BEARD, BUSH, GOLDMAN, WATERS, ROBISON, van VONNO P. MICHAEL J. ESQUIRE Florida Bar No. 004286 The Tower Building at Willoughby Commons 3473 SE Willoughby Boulevard PO. Drawer 6 Stuart, Florida 34995-0006 Telephone: (772) 287-4444 Primary Email: pam@foxwackeen.com Secondary Email: mmcoluskey@foxwackeen.com and DOUGLAS M. SMITH (Fla. Bar No. 012809) dougs@hgslaw.oom TIMOTHY M. RILEY (Fla. Bar No. 056909) timothyr@hgslaw.eom ERIN J. TILTON (Fla. Bar No. 104729) HOPPING GREEN SAMS, PA. 119 South Monroe Street, Suite 300 PO. Box 6526 Tallahassee, Florida 323 14 850-222?7500 (Phone) C0?C01mself0r Plainti? IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida, Plaintiff, V. Case No.2 2017-1098-CA EVERGLADES LAW CENTER, IN C., LAKE POINT PHASE I, LLC, a Florida limited liability company, LAKE POINT PHASE II, LLC, a Florida limited liability company, MARTIN COUNTY, a political subdivision of the State of Florida, and MAGGY HURCHALLA, Defendants. SUPPLEMENT TO COMPLAINT FOR DECLARATORY RELIEF SOUTH FLORIDA WATER MANAGEMENT DISTRICT (the ?District?), by and through undersigned counsel and pursuant to Fla. R. P. hereby ?les this Supplement to its Complaint for Declaratory Relief against EVERGLADES LAW CENTER, INC. (?Law Center?) and MAGGY HURCHALLA (?Hurchalla?), and because of the nature of the action, also includes LAKE POINT PHASE I, LLC, LAKE POINT PHASE II, LLC (collectively ?Lake Point?), and MARTIN COUNTY, FLORIDA. In so doing, the District realleges and incorporates by reference paragraphs 1.1 through 5.13 of its Complaint for Declaratory Relief and fuither alleges the following with regard to Defendant Hurchalla: VI. PUBLIC RECORDS REQUEST 6.1 On December 11, 2017, almost two months after the District initiated this action, Defendant Hurchalla submitted a nearly identical public records request demanding that the District provide transcripts of its private attorney-client meetings regarding the Lake Point Litigation. Exhibit D. These are the very same records previously requested by the Law Center, the status of which records is the subject of this action. 6.2 The District is interested and/or in doubt concerning its rights and obligations under Chapters 44, 119, and 286, Florida Statutes, as they relate to the public records request submitted by Hurchalla to the District on December 11, 2017. 6.3 The District contends that the transcripts of the private attorney?client meetings contain mediation communications that are strictly con?dential and exempt from disclosure under the public records law. 6.4 The District also contends that the transcripts of private attorneyuclient meetings held pursuant to section Florida Statutes, during the course of the Lake Point Litigation remain con?dential and exempt from disclosure under that section until such time as the litigation is fully concluded and all threats of future litigation in connection with same are resolved. Otherwise the District runs the risk of exposing its con?dential, privileged and work product protected material which could be used against it. 6.5 The District is under imminent threat of litigation by Martin County in connection with the Mediated Settlement Agreement. Accordingly, the District submits that the litigation is not fully concluded within the meaning of chapters 119 and 286, Florida Statutes, and that disclosing the contents of private meetings with its attorneys could compromise the District?s position in the threatened litigation, particularly in the event that the Court sets aside the Mediated Settlement Agreement. 6.6 Hurchalla and her counsel contend that she is entitled to see the transcripts of the District?s private attorney~client meetings conducted in connection with the Lake Point Litigation, and therefore posits that they are not exempt from disclosure. 6.7 An actual, immediate, substantial, and justiciable controversy exists between the parties concerning whether the District is obligated to produce any transcripts of its private attorney?client meetings held during the course of the Lake Point Litigation. 6.8 In light of the request for public records submitted by Hurchalla, the timeframes for responding to same, and the consequences to the District and others (including Lake Point and Martin County) if exempt public records are improperly disclosed, there is a bona ?de, actual, present, practical need for the declaration. 6.9 The rights, powers, and obligations of the District (and others) are dependent on the facts or the law applicable to the facts. 6.10 As set forth above, Hurchalla has, or reasonably may have, an actual, present, adverse, and antagonistic interest in the subject matter, either in fact or law. 6.11 The District has joined all known interested parties in this action so that they can come forward before the Court and advance their own respective interests in protecting the information that they deem con?dential, privileged, or otherwise not subject to disclosure, or seek a declaration compelling disclosure as they each deem VII. DEMAND FOR FEES AND COSTS 7.1 Notwithstanding the pending lawsuit, Hurchalla served her public records request with aggressive threats of litigation if her demands were not immediately met, and made no reference to the pending lawsuit or the fact that the identical records were currently the subject of this Declaratory Judgment Action between, inter alia, the District and Hurchalla. Hurchalla and her attorneys were well aware of the fact that the District was not able to presently produce the records requested. 7.2 Hurchalla?s request was made for improper purposes as described in section Florida Statutes. She made the request and threats to bring a civil action solely for the purposes of trying to create a violation of chapter 119 for frivolous purposes. Accordingly, the District is entitled to recover its attorney?s fees and costs from Hurchalla. 7.3 The District has hired the undersigned attorneys to represent it in this matter and has agreed to pay them a reasonable fee for their services. WHEREFORE, as to Defendant Hurchalla, the District respectfully requests entry of a judgment declaring: (1) that the District is not required at this time to disclose transcripts of its attorney-client sessions held in connection with mediation and settlement of the Lake Point Litigation; (2) that the Court order such supplemental provisional relief pursuant to chapter 86, Florida Statutes, as may be necessary to protect the rights of the District and third parties who may be adversely affected by the disclosure of transcripts of shade sessions containing attorney work product or con?dential mediation settlement communications; (3) that the District is entitled to recover its attorney?s fees and costs; and (4) such further relief as is proper. DEMAND FOR JURY TRIAL Plaintiff hereby demands a jury trial on all issues so triable in the State of Florida. FOX, WACKEEN, DUNGEY, BEARD, BUSH, GOLDMAN, WATERS, ROBISON, van VONNO L.L.P. MICHAEL J. MCCLUSKEY, ESQUIRE Florida Bar No. 004286 The Tower Building at Willoughby Commons 3473 SE Willoughby Boulevard PO. Drawer 6 Stuart, Florida 34995?0006 Telephone: (772) 287-4444 Primary Email: pam@foxwaekeen.oom Secondary Email: and DOUGLAS M. SMITH (Fla. Bar No. 012809) dougs@hgslaw.eom TIMOTHY M. RILEY (Fla. Bar No. 056909) timothyr@hgslaw.oom ERIN I. TILTON (Fla. Bar No. 104729) erint@hgslaw.com HOPPING GREEN SAMS, PA. 119 South Monroe Street, Suite 300 P0. Box 6526 Tallahassee, Florida 32314 850?222-7500 (Phone) C0?Cozmselfor Plainti? Mike McCluskey To: Mike McCluskey Subject: FW: Notification: New Public Records Request Received - Subject: Noti?cation: New Public Records Request Received Overview of the Request Description: My law ?rm represents Maggy Hurchalla with respect to this public records request pursuant to Chapter 119, Florida?s Public Records Act, and Chapter 286, Florida Statutes. Mrs. Hurchalla would like to inspect and copy the following documents in the possession of the South Florida Water Management District: ?All transcripts of all closed door attorney-client sessions held pursuant to Section Florida Statutes in the case of LAKE POINT PHASE I, LLC, and LAKE POINT PHASE II, LLC, Florida Limited Liability Companies, V. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, MARTIN COUNTY, and MAGGY (CASE NO. This case was dismissed against the South Florida Water Management District with prejudice and no appeal was taken. Electronic copies on disc of electronic documents stored on computers are requested. If the documents can be furnished electronically, please e-mail them to me at hheims@lshlaw.net. Request is made for the production of the transcripts on or before December 18, 2017. The failure to produce the transcripts by that time will result in a lawsuit being ?led against the South Florida Water Management District and those individuals responsible for willfully violating the Public Records Act. Please con?rm receipt of this public records request and con?rm that the documents will be made available by December 18, 207. Howard K. Heims Littman, Sherlock Heims, PA. (772) 287-0200 Customer Full Name: Littman, Sherlock Heims Secu Smith Company ame: Customer Email Address (if provided): sccu lshlawnet Customer Phone Number (if provided): 772?287-0200 Ext. Create Dale: 12/11/2017 3:04:18 PM Reference it P003715-121117 Status: Assigned This is noli licalion the system received a new Public Records Request or a request has been reassigned to you. The request has been routed to the appropriate staff members. Below is the link to the speci?c request. . mycusthel pa (1 in .co m/ webapp/ zadmin/ erviceRequests/ 715 This is an auto?generated email and has originated from an unmonitored email account. REPLY. 1