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Dias & Associates PA
1226 East Seventh Avenue
Tallahassee, Florida, 32303
Phone: 850-422-3427
Dear Sheriff Campbell,
This is to confirm that my firm is in receipt of the four public records request that you faxed to my office on Tuesday, September 16, 2008.
At this time I am writing to inform you that Florida Statutes Chapter 119, entitled Public Records, is a statutory function to create open governmental agencies within the State of Florida. It appears from the reading of Florida Statute 119.01(1) that it was the intent of the Florida Legislature that all state, county, and municipal records be open for personal inspection and copying by any person of the public desiring to do so. All agencies have a duty to provide the public who so desires to inspect public records with the access to do so.
As I stated above having received your record requests from my office for copies of billings for indigent clients I was appointed to in the past I feel the need to formally inform you in writing that I am not a governmental agency Sheriff Campbell. I own and have owned my own law practice which your faxing your requests to is proof you are aware of that fact.
Florida Statutes Section 119.011(2) defines an agency as: "Agency" means any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency.
As you read the above definition Sheriff Campbell, I hope you would agree with me that under both the definition of "agency" in the Florida Public Records Statutory definitions and under my Oath as a member of the Florida Bar to act in the best interest of my clients therefore on my clients behalf that I could not in any stretch of the word, legally be an agency of the State of Florida.
Furthermore Sheriff Campbell, the cases you have requested information on although they were appointed to me to represent the client as an attorney by the State of Florida, that relationship has, is and was from the beginning a contractual relationship.
My duties as a Conflict Attorney with the State of Florida is as an independent contractor with the State and an attorney for my clients.
A Writ in Mandamus was filed by my office on July 25, 2008, in an attempt to have your agency to comply with several outstanding public records requests that I have sought solely to aid in the investigation of defenses for my clients and my practice as a defense attorney. There is a hearing scheduled in Circuit Court in Leon County in front of Chief Judge Francis on Monday September 22, 2008. I spoke with Major Alan Griner, your legal advisor, member of the Florida Bar, on the phone yesterday, September 15, 2008 in the early morning as ordered by Judge Francis, in an attempt to resolve outstanding requests etc. Later in the day I emailed your office a chart detailing all requests made and still outstanding etc. It was later last evening (again to be perfectly clear September 16, 2008), I received your records requests via fax.
Clearly, the documents you are requesting would have been submitted to the Justice Administrative Commission, and quite clearly the JAC is an agency as defined under Florida Statute 119.011(2). Despite that being blatantly obvious and quite available to you, you chose to attempt to retrieve records relating to my representation of prior clients from me.
While the Leon County Sheriff's Office is an agency of the State of Florida and falls under the provision of Chapter 119 of the Florida Statutes, I am a private attorney who represents my clients to my fullest potential and then the rest of what is left of me. I am regulated by both the Florida Bar Rule 4.6 and the attorney client privilege once it is asserted.
When I make a request from your agency Sheriff Campbell I have both a right to it and a reason for it under the law.
When you made your request to my privately owned law firm, what were your reasons, harassment, retaliation, stonewalling, or fishing? In any event, I have researched the law and I am of the opinion that there is no statutory provision that requires me to reply to your 119 requests. However, since you sent me the letters, you must know something I do not and would request that you explain to me in writing why you believe that my office is subject to Chapter 119. Once you do, I will continue to research the issue and reply accordingly.
For your information, my hourly rate is $250 per hour and Mr. Harvey is $350 per hour.
Dias & Associates PA
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