conference call on august 28, 2014 @ 3:30 pm est dial in: 1-720

From: Bax, LauraTo: "[email protected]"Subject: Conference CallDate: Thursday, August 28, 2014 3:10:28 PM

Conference call on August 28, 2014 @ 3:30 pm EST Dial In: 1-720-389-1212Participant Passcode: 3091482956 Laura BaxJudicial Appointments CoordinatorExecutive Office of the GovernorOffice of the General Counsel(850) 717-9310

From: Winokur, ThomasTo: "[email protected]"Subject: Draft of Governor"s response to FSC request to show causeDate: Friday, October 10, 2014 10:47:21 AMAttachments: RESPONSE TO COURT"S REQUEST WHY THE PETITION SHOULD NOT BE GRANTED.docx

The subject draft is attached for your information. -Bo Winokur Thomas D. WinokurAssistant General CounselExecutive Office of the Governor The Capitol, Suite 209 Tallahassee, Florida 32399 Phone: 850-717-9310Fax: 850-488-9810

From: Antonacci, PeterTo: "[email protected]"Subject: FW: Attached Scan DocumentDate: Thursday, August 14, 2014 6:12:47 PMAttachments: SKMBT C35314081418020.pdf

Special election resolution

From: [email protected] [mailto:[email protected]] Sent: Thursday, August 14, 2014 6:03 PMTo: Antonacci, PeterSubject: Attached Scan Document

From: Antonacci, PeterTo: "[email protected]"Subject: FW: Press Release - Statement of Mayor Michael PizziDate: Friday, August 15, 2014 7:53:51 AMAttachments: Press release.Revocation of Suspension.8-14-14.pdf

From: Benedict P. Kuehne [mailto:[email protected]] Sent: Thursday, August 14, 2014 11:37 PMTo: Winokur, Thomas; Antonacci, PeterSubject: Press Release - Statement of Mayor Michael Pizzi

STATEMENT OF MAYOR PIZZI CALLING ON GOVERNOR SCOTT TO IMMEDIATELY REVOKE SUSPENSION ORDER OF MAYOR PIZZI August 14, 2014 FOR IMMEDIATE RELEASEContact Benedict P. Kuehne 305.789.5989 x 7 or [email protected] R. Shohat 305.679.5700 or [email protected] Today, after one year of false accusations and unsupported allegations against Miami Lakes Mayor Michael Pizzi, a federal court jury resoundingly declared Mayor Pizzi NOT GUILTY of all charges of official corruption. On behalf of the citizens, electors, and residents of Miami Lakes, we call on Governor Scott to immediately exercise his constitutional duty to "forthwith" revoke his Executive Order of Suspension 13-217 done within minutes of Mayor Pizzi’s arrest on August 6, 2014. The jury verdict and the judicial declaration by U.S. District Judge Marcia Cooke that Michael Pizzi was adjudged NOT GUILTY demands the same immediacy in revoking the suspension order. Governor Scott has a clear and present Constitutional Duty to immediately enter his Order of Revocation of the suspension, as commanded by Article IV, Section 7(c) of the Florida Constitution. Florida Law contains a clear, bright line rule in §112.51(6), Florida

Statutes:

(6) If the municipal official is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment, or information by reason of which he or she was suspended under the provisions of this section, then the Governor shall forthwith revoke the suspension and restore such municipal official to office; and the official shall be entitled to and be paid full back pay and such other emoluments or allowances to which he or she would have been entitled for the full period of time of the suspension. If, during the suspension, the term of office of the municipal official expires and a successor is either appointed or elected, such back pay, emoluments, or allowances shall only be paid for the duration of the term of office during which the municipal official was suspended under the provisions of this section, and he or she shall not be reinstated.

By this mandate, Governor Scott has a duty to “forthwith revoke the suspension” of Mayor Pizzi. Not tomorrow. Not next week. NOW. Governor Scott’s failure to do so immediately is an abdication of his constitutional responsibilities and an affront to the people's interest in a fair and impartial justice system. According to the Town Charter, Article II, Section 2.3(a), Mayor Pizzi was elected in 2012 to serve a 4-year term. The 2013 special election of a temporary Mayor was only to serve during the time of Mayor Pizzi’s suspension. Now that Mayor Pizzi has been acquitted, the Town’s citizens are entitled by law to see that their rightfully elected Mayor’s suspension is immediately revoked. The letter of the law is clear. Governor Scott has no other discretion. Edward R. ShohatBenedict P. KuehneRalf RodriguezMichael T. DavisDavid Reiner

Anthony Gonzalez Benedict P. Kuehne Law Office of Benedict P. Kuehne, P.A. 100 S.E. 2d Street, Suite 3550 Miami, FL 33131-2154 305.789.5989 x7 Tel 305.789.5987 Fax [email protected] [email protected] www.kuehnelaw.com

STATEMENT OF MAYOR PIZZI CALLING ON GOVERNOR SCOTT TOIMMEDIATELY REVOKE SUSPENSION ORDER OF MAYOR PIZZI

August 14, 2014

FOR IMMEDIATE RELEASEContact Benedict P. Kuehne 305.789.5989 x 7 or

[email protected] R. Shohat 305.679.5700 or [email protected]

Today, after one year of false accusations and unsupported allegationsagainst Miami Lakes Mayor Michael Pizzi, a federal court jury resoundinglydeclared Mayor Pizzi NOT GUILTY of all charges of official corruption.

On behalf of the citizens, electors, and residents of Miami Lakes, we call onGovernor Scott to immediately exercise his constitutional duty to "forthwith"revoke his Executive Order of Suspension 13-217 done within minutes ofMayor Pizzi’s arrest on August 6, 2014. The jury verdict and the judicialdeclaration by U.S. District Judge Marcia Cooke that Michael Pizzi wasadjudged NOT GUILTY demands the same immediacy in revoking thesuspension order.

Governor Scott has a clear and present Constitutional Duty to immediatelyenter his Order of Revocation of the suspension, as commanded by Article IV,Section 7(c) of the Florida Constitution. Florida Law contains a clear, brightline rule in §112.51(6), Florida Statutes:

(6) If the municipal official is acquitted or found not guilty oris otherwise cleared of the charges which were the basis ofthe arrest, indictment, or information by reason of which heor she was suspended under the provisions of this section,then the Governor shall forthwith revoke the suspension andrestore such municipal official to office; and the official shall beentitled to and be paid full back pay and such other emolumentsor allowances to which he or she would have been entitled for thefull period of time of the suspension. If, during the suspension, theterm of office of the municipal official expires and a successor iseither appointed or elected, such back pay, emoluments, orallowances shall only be paid for the duration of the term of office

during which the municipal official was suspended under theprovisions of this section, and he or she shall not be reinstated.

By this mandate, Governor Scott has a duty to “forthwith revoke thesuspension” of Mayor Pizzi. Not tomorrow. Not next week. NOW. GovernorScott’s failure to do so immediately is an abdication of his constitutionalresponsibilities and an affront to the people's interest in a fair and impartialjustice system.

According to the Town Charter, Article II, Section 2.3(a), Mayor Pizzi waselected in 2012 to serve a 4-year term. The 2013 special election of atemporary Mayor was only to serve during the time of Mayor Pizzi’ssuspension. Now that Mayor Pizzi has been acquitted, the Town’s citizens areentitled by law to see that their rightfully elected Mayor’s suspension isimmediately revoked. The letter of the law is clear. Governor Scott has noother discretion.

Edward R. ShohatBenedict P. KuehneRalf RodriguezMichael T. DavisDavid ReinerAnthony Gonzalez

From: Winokur ThomasTo: "[email protected]"Subject: FW: SERVICE OF COURT DOCUMENT - CASE NUMBER SC2014-1634Date: Tuesday, October 14, 2014 2:04:14 PMAttachments: Other Documents Not Listed.pdf

FYI, Governor’s response to FSC request to show cause -Bo Winokur Thomas D. WinokurAssistant General CounselExecutive Office of the Governor The Capitol, Suite 209 Tallahassee, Florida 32399 Phone: 850-717-9310Fax: 850-488-9810

From: [email protected] [mailto:[email protected]] Sent: Tuesday, October 14, 2014 2:00 PMSubject: SERVICE OF COURT DOCUMENT - CASE NUMBER SC2014-1634

Notice of Service of Court Documents

E-service recipients selected for service:

Name Email Address

Benedict P Kuehne [email protected]

[email protected]

[email protected]

Mark Herron [email protected]

[email protected]

[email protected]

Edward R Shohat [email protected]

[email protected]

Ralf R Rodriguez [email protected]

[email protected]

[email protected]

Michael Terrell Davis [email protected]

[email protected]

[email protected]

David P Reiner II [email protected]

[email protected]

Peter Antonacci [email protected]

[email protected]

Peter David Webster [email protected]

[email protected]

[email protected]

Thomas David Winokur [email protected]

E-service recipients deselected for service:

Name Email Address

Juan Carlos Planas [email protected]

[email protected]

[email protected]

Raul Gastesi, Jr. [email protected]

Haydee Sera, Esq. [email protected]

GERALD B. COPE, JR. [email protected]

KATHERINE E. GIDDINGS [email protected]

ELIZABETH M. HERNANDEZ [email protected]


Katherine E Giddings [email protected]

[email protected]

[email protected]

Filing Information

Filing #: 19360381

Filing Time: 10/14/2014 02:00:07 PM ET

Filer: Thomas David Winokur 850-717-9310

Court: The Supreme Court of Florida

Case #: SC2014-1634

Court Case #: SC2014-1634

Case Style: MICHAEL A. PIZZI, JR. vs RICK SCOTT, GOVERNOR

Documents

Title File

Other Documents Not ListedRESPONSE TO COURT'S REQUEST TO SHOW CAUSE WHY THE PETITION SHOULD NOT BE GRANTED.pdf

This is an automatic email message generated by the Florida Courts E-Filing Portal. This email address does not receive email.

Thank you,The Florida Courts E-Filing Portal

request_id#:19360381;Audit#:65596312;UCN#:SC2014-1634;

1

IN THE SUPREME COURT OF FLORIDA

MICHAEL A. PIZZI, JR.,

Petitioner,

v. CASE NO. SC14-1634

RICK SCOTT, Governor of the State

of Florida,

Respondent.

_________________________________/

RESPONSE TO COURT’S REQUEST TO SHOW CAUSE WHY

THE PETITION SHOULD NOT BE GRANTED

Governor Rick Scott responds to this Court’s September 29, 2014

request to show cause as follows:

This Court has requested the Governor’s views “on the narrow issue

of why Executive Order 2013-217 should not be revoked, pursuant to

section 112.51(6), Florida Statutes (2013)” in light of Petitioner’s acquittal.

The Court’s request notes that it is “not, however, suggesting that Governor

Scott is required to order that Petitioner Pizzi be reinstated to his former

municipal office, which has been filled by operation of a special election in

accordance with the Charter of the Town of Miami Lakes, Florida.” The

statutory requirement to revoke the suspension of an acquitted municipal

official is coextensive with the requirement to reinstate the official. If the

Filing # 19360381 Electronically Filed 10/14/2014 02:00:07 PM

2

Governor is not required to reinstate the official, then he is not required to

revoke the suspension order either. This is the case here.

The Governor must take two actions in the event a suspended

municipal official is acquitted prior to the expiration of the official’s term:

revoke the suspension and restore the official to office. § 112.51(6), Fla.

Stat. The statute makes no procedural distinction between these

requirements. The suggestion that the first is a mandatory, non-discretionary

duty imposed upon the Governor, but that the second is not, is manifestly at

odds with the statute.

The Florida Constitution limits the Governor’s power to suspend

municipal officials to the end of the official’s term.1 Section 112.51(6)

clarifies this provision, noting that the Governor may not reinstate a

suspended municipal official upon acquittal if “during the suspension, the

term of office of the municipal official expires and a successor is either

appointed or elected.” In short, once the official’s term ends, the suspension

ends. As provided in the Town Charter, Petitioner’s term ended when a new

elected mayor of Miami Lakes took office on October 8, 2013. Town of

1Art. IV, § 7(c), Fla. Const. (“By order of the governor any elected

municipal officer indicted for crime may be suspended from office until

acquitted and the office filled by appointment for the period of suspension,

not to extend beyond the term, unless these powers are vested elsewhere by

law or the municipal charter.”) (e.s.)

3

Miami Lakes Charter § 2.5(c)(iv). Petitioner’s suspension ended that day.

Revoking Petitioner’s suspension now would be a nugatory act and would

only sow confusion into the issue of the mayorship of Miami Lakes.

Petitioner claims that the suspension must be revoked because it is a

“condition precedent” to back pay (Pet. Resp. in Opp. to Town’s Mot. for

Leave to File Amicus Curiae Brief at 2). To the contrary, section 112.51

does not condition entitlement to back pay on revocation of the suspension.

Section 112.51(6) reads in pertinent part as follows:

If the municipal official is acquitted or found not guilty

or is otherwise cleared of the charges which were the

basis of the arrest, indictment, or information by reason

of which he or she was suspended under the provisions of

this section, then the Governor shall forthwith revoke the

suspension and restore such municipal official to office;

and the official shall be entitled to and be paid full back

pay and such other emoluments or allowances to which

he or she would have been entitled for the full period of

time of the suspension.

The statute sets out two consequences to acquittal of a suspended municipal

official: if the official is acquitted, then the Governor shall revoke the

suspension and restore the official to office, and the official shall be entitled

to back pay. Any entitlement to back pay operates independently from the

Governor’s duties. The entitlement to back pay is not conditioned on action

of the Governor; it arises from the acquittal itself.

4

The statutory requirement to revoke the suspension order does nothing

but permit reinstatement of the suspended official. Petitioner is entitled to

revocation of the suspension order only if he is entitled to reinstatement.

Under the Town Charter, Petitioner is not entitled to reinstatement because

his term, and therefore his suspension, have expired. Because his suspension

has expired, the Governor can no longer revoke it.

Respectfully submitted,

/s/ Thomas D. Winokur

Thomas D. Winokur

Florida Bar No. 906336

Executive Office of the Governor

400 South Monroe Street, Suite 209

Tallahassee, Florida 32399

Tel: (850) 717-9310

[email protected]

5

CERTIFICATE OF SERVICE

I certify this response was served by electronic filing on October 14,

2014, to:

Edward R. Shohat

Jones Walker

201 S Biscayne Blvd., Suite 2600

Miami, FL 33131

[email protected]

[email protected]

Ralf R. Rodriguez

Peckar & Abramson, P.C.

1 S.E. Third Avenue, Suite 3100

Miami, FL 33131

[email protected]

David P. Reiner, II

Reiner & Reiner, P.A.

9100 So. Dadeland Blvd., Ste. 901

Miami, FL 33156-7815

[email protected]

Benedict P. Kuehne

Michael T. Davis

Law Office of Benedict P. Kuehne,

P.A.

100 S.E. 2nd St., Suite 3550

Miami, FL 33131-2154

[email protected]

[email protected]

Mark Herron

Messer Caparello & Self, P.A.

2618 Centennial Place

Tallahassee, FL 32308-0572

[email protected]

Peter D. Webster

Carlton Fields Jorden Burt, P.A.

215 S. Monroe Street, Suite 500

Tallahassee, FL 32301

[email protected]

s/ Thomas D. Winokur

Thomas D. Winokur

From: Rey, AlexTo: Antonacci, Peter; [email protected]: FW: Special Election InfoDate: Thursday, August 14, 2014 6:32:11 PMAttachments: Approved Master Ballot.pdf

RES 13-1125.pdfimage002.pngimage003.png

As per your request…

From: Tejeda, Marjorie Sent: Thursday, August 14, 2014 6:24 PMTo: Rey, AlexSubject: Special Election Info

Marjorie Tejeda-Castillo, CMCTown Clerk

Town of Miami Lakes6601 Main Street. Suite 206Miami Lakes, FL 33014(305) 512-7135(305) 364-6100 Ext. 1200 [email protected]

NOTE: Florida Public Records Law provides that most written communications to or from Municipal employees regarding town business are public records, available to the public and media upon request. Therefore, this e-mail message may be subject to public disclosure.

From: De Cardenas, ClarisellTo: Casanova, GenessaSubject: FW: Veterans Memorial Unveiling and Dedication CeremonyDate: Wednesday, September 03, 2014 2:10:27 PM

Hi G! FYI

From: De Cardenas, Clarisell Sent: Wednesday, August 27, 2014 5:11 PMTo: De Cardenas, ClarisellSubject: Veterans Memorial Unveiling and Dedication Ceremony

Clarisell De CardenasSpecial Events & Committees Coordinator

Town of Miami Lakes6601 Main StreetMiami Lakes, FL 33014(305) [email protected]

From: flagsTo: Alachua ([email protected]); Alachua ([email protected]); Alachua

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LauderdaleByTheSea ([email protected]); Lauderhill ([email protected]); Lauderhill ([email protected]); Lauderhill ([email protected]); Laurel Hill ([email protected]); Laurel Hill ([email protected]); Lawtey ([email protected]); Layton ([email protected]); Layton ([email protected]); Lazy Lake ([email protected]); Lazy Lake ([email protected]); Lee ([email protected]); Leesburg ([email protected]); Leesburg ([email protected]); Leesburg ([email protected]); Lighthouse Point ([email protected]); Lighthouse Point ([email protected]); Lighthouse Point ([email protected]); Live Oak ([email protected]); Live Oak ([email protected]); Live Oak ([email protected]); Longboat Key ([email protected]); Longboat Key ([email protected]); Longboat Key ([email protected]); Longwood ([email protected]); Longwood ([email protected]); Longwood ([email protected]); Loxahatchee Groves ([email protected]); Loxahatchee Groves ([email protected]);

[email protected]; Lynn Haven ([email protected]); Lynn Haven ([email protected]); Macclenny ([email protected]); Madeira Beach ([email protected]); Madeira Beach ([email protected]); Madeira Beach ([email protected]); Madison ([email protected]); Madison ([email protected]); Maitland ([email protected]); Maitland ([email protected]); Maitland ([email protected]); Malabar ([email protected]); Malabar ([email protected]); Malabar ([email protected]); Malone ([email protected]); Malone ([email protected]); Manalapan ([email protected]); Manalapan ([email protected]); Manalapan ([email protected]); Mangonia Park ([email protected]); Mangonia Park ([email protected]); Mangonia Park ([email protected]); Marathon ([email protected]); Marathon ([email protected]); Marathon ([email protected]); Marco Island ([email protected]); Marco Island ([email protected]); Marco Island ([email protected]); Margate ([email protected]); Margate ([email protected]); Margate ([email protected]); Marianna ([email protected]); Marianna ([email protected]); Marineland ([email protected]); Marineland ([email protected]); Marineland ([email protected]); Mary Esther ([email protected]); Mary Esther ([email protected]); Mary Esther ([email protected]); Mascotte ([email protected]); Mascotte ([email protected]); Mascotte ([email protected]); Mayo ([email protected]); McIntosh ([email protected]); McIntosh ([email protected]); Medley ([email protected]); Medley ([email protected]); Melbourne ([email protected]); Melbourne ([email protected]); Melbourne ([email protected]); Melbourne Beach ([email protected]); Melbourne Beach ([email protected]); Melbourne Beach ([email protected]); Melbourne Village ([email protected]); Melbourne Village ([email protected]); Mexico Beach ([email protected]); Mexico Beach ([email protected]); Mexico Beach ([email protected]); Miami ([email protected]); Miami ([email protected]); Miami ([email protected]); Miami Beach ([email protected]); Miami Beach ([email protected]); Miami Beach ([email protected]); Miami Gardens ([email protected]); Miami Gardens ([email protected]); Miami Lakes ([email protected]); Miami Lakes ([email protected]); Miami Lakes ([email protected]); Miami Shores ([email protected]); Miami Shores ([email protected]); Miami Springs ([email protected]); Miami Springs ([email protected]); Miami Springs ([email protected]); Micanopy ([email protected]); Midway ([email protected]); Midway ([email protected]); Midway ([email protected]); Milton ([email protected]); Milton ([email protected]); Milton ([email protected]); Minneola ([email protected]); Minneola ([email protected]); Minneola ([email protected]); Miramar ([email protected]); Miramar ([email protected]); Miramar ([email protected]); Monticello ([email protected]); Monticello ([email protected]); Monticello ([email protected]); Montverde ([email protected]); Montverde ([email protected]); Moore Haven ([email protected]); Moore Haven ([email protected]); Mount Dora ([email protected]); Mount Dora ([email protected]); Mount Dora ([email protected]); Mulberry ([email protected]); Mulberry ([email protected]); Naples ([email protected]); Naples ([email protected]); Naples ([email protected]); Neptune Beach ([email protected]); Neptune Beach ([email protected]); Neptune Beach ([email protected]); New Port Richey ([email protected]); New Port Richey ([email protected]); New Port Richey ([email protected]); New Smyrna Beach ([email protected]); New Smyrna Beach ([email protected]); New Smyrna Beach ([email protected]); Newberry ([email protected]); Newberry ([email protected]); Newberry ([email protected]); Niceville ([email protected]); Niceville ([email protected]); Niceville ([email protected]); Noma ([email protected]); North Bay Village ([email protected]); North Bay Village ([email protected]); North Lauderdale ([email protected]); North Lauderdale ([email protected]); North Lauderdale ([email protected].); North Miami ([email protected]); North Miami ([email protected]); North Miami ([email protected]); North Miami Beach ([email protected]); North Miami Beach ([email protected]); North Miami Beach ([email protected]); North Palm Beach ([email protected]); North Palm Beach ([email protected]); North Palm Beach ([email protected]); North Port ([email protected]); North Port ([email protected]); North Port ([email protected]); North Redington Beach ([email protected]); North Redington Beach ([email protected]); Oak Hill ([email protected]); Oak Hill ([email protected]); Oak Hill ([email protected]); Oakland ([email protected]); Oakland ([email protected]); Oakland ([email protected]); Oakland Park ([email protected]); Oakland Park ([email protected]); Oakland Park ([email protected]); Ocala ([email protected]); Ocala ([email protected]); Ocala ([email protected]); Ocean Breeze Park ([email protected]); Ocean Breeze Park ([email protected]); Ocean Breeze Park ([email protected]); Ocean Ridge ([email protected]); Ocean Ridge ([email protected]); Ocean Ridge ([email protected]); Ocoee ([email protected]); Ocoee ([email protected]); Ocoee ([email protected]); Okeechobee ([email protected]); Okeechobee ([email protected].); Okeechobee ([email protected]); Oldsmar ([email protected]); Oldsmar ([email protected]); Oldsmar ([email protected]); Opalocka (city [email protected]); Opalocka ([email protected]); Orange City ([email protected]); Orange City ([email protected]); Orange City ([email protected]); Orange Park

([email protected]); Orange Park ([email protected]); Orange Park ([email protected]); Orchid ([email protected]); Orchid ([email protected]); Orlando ([email protected]); Orlando ([email protected]); Orlando ([email protected]); Ormond Beach ([email protected]); Ormond Beach ([email protected]); Ormond Beach ([email protected]); Otter Creek ([email protected]); Oviedo ([email protected]); Oviedo ([email protected]); Oviedo ([email protected]); Pahokee ([email protected]); Pahokee ([email protected]); Pahokee ([email protected]); Palatka ([email protected]); Palatka ([email protected]); Palatka ([email protected]); Palm Bay ([email protected]); Palm Bay ([email protected]); Palm Bay ([email protected]); Palm Beach ([email protected]); Palm Beach ([email protected]); Palm Beach ([email protected]); Palm Beach Gardens ([email protected]); Palm Beach Gardens ([email protected]); Palm Beach Gardens ([email protected]); Palm Beach Shores ([email protected]); Palm Beach Shores ([email protected]); Palm Beach Shores ([email protected]); Palm Coast ([email protected]); Palm Coast ([email protected]); Palm Coast ([email protected]); Palm Shores ([email protected]); Palm Shores ([email protected]); Palm Springs ([email protected]); Palm Springs ([email protected]); Palmetto ([email protected]); Palmetto ([email protected]); Palmetto Bay ([email protected]); Palmetto Bay ([email protected]); Palmetto Bay ([email protected]); Panama City ([email protected]); Panama City ([email protected]); Panama City ([email protected]); Panama City Beach ([email protected]); Panama City Beach ([email protected]); Panama City Beach ([email protected]); Parker ([email protected]); Parker ([email protected]); Parker ([email protected]); Parkland ([email protected]); Parkland ([email protected]); Parkland ([email protected]); Paxton ([email protected]); Paxton ([email protected]); Pembroke Park ([email protected]); Pembroke Pines ([email protected]); Pembroke Pines ([email protected]); Pembroke Pines ([email protected]); Penney Farms ([email protected]); Penney Farms ([email protected]); Penney Farms ([email protected]); Pensacola ([email protected].); Pensacola ([email protected]); Pensacola ([email protected]); Perry (daryll [email protected]); Perry ([email protected]); Pierson ([email protected]); Pinecrest ([email protected]); Pinecrest ([email protected]); Pinecrest ([email protected]); Pinellas Park ([email protected]); Pinellas Park ([email protected]); Pinellas Park ([email protected]); Plant City ([email protected]); Plant City ([email protected]); Plant City ([email protected]); Plantation ([email protected]); Plantation ([email protected]); Polk City ([email protected]); Polk City ([email protected]); Polk City ([email protected]); Pomona Park ([email protected]); Pompano Beach ([email protected]); Pompano Beach ([email protected]); Pompano Beach ([email protected]); Ponce De Leon ([email protected]); Ponce Inlet ([email protected]); Ponce Inlet ([email protected]); Ponce Inlet ([email protected]); Port Orange ([email protected]); Port Orange ([email protected]); Port Orange ([email protected]); Port Richey ([email protected]); Port Richey ([email protected]); Port Richey ([email protected]); Port St. Joe ([email protected]); Port St. Joe ([email protected]); Port St. Joe ([email protected]); Port St. Lucie ([email protected]); Port St. Lucie ([email protected]); Port St. Lucie ([email protected]); Punta Gorda (district [email protected]); Punta Gorda ([email protected]); Punta Gorda ([email protected]); Quincy ([email protected]); Quincy ([email protected]); Quincy ([email protected]); Raiford ([email protected]); Reddick ([email protected]); Redington Beach ([email protected]); Redington Beach ([email protected]); Redington Beach ([email protected]); Redington Shores ([email protected]); Redington Shores ([email protected]); Riviera Beach ([email protected]); Riviera Beach ([email protected]); Riviera Beach ([email protected]); Rockledge ([email protected]); Rockledge ([email protected]); Rockledge ([email protected]); Royal Palm Beach ([email protected]); Royal Palm Beach ([email protected]); Royal Palm Beach ([email protected]); Safety Harbor ([email protected]); Safety Harbor ([email protected]); Safety Harbor ([email protected]); San Antonio ([email protected]); San Antonio ([email protected]); Sanford ([email protected]); Sanford ([email protected]); Sanford ([email protected]); Sanibel ([email protected]); Sanibel ([email protected]); Sarasota ([email protected]); Sarasota (Pamela [email protected]); Satellite Beach ([email protected]); Satellite Beach ([email protected]); Satellite Beach ([email protected]); Sea Ranch Lakes ([email protected]); Sebastian ([email protected]); Sebastian ([email protected]); Sebastian ([email protected]); Sebring ([email protected]); Sebring ([email protected]); Sebring ([email protected]); Seminole ([email protected]); Seminole ([email protected]); Seminole ([email protected]); Sewall"s Point ([email protected]); Sewall"s Point ([email protected]); Sewall"s Point ([email protected]); Shalimar ([email protected]); Shalimar ([email protected]); Shalimar ([email protected]); Sneads ([email protected]); Sneads ([email protected]); Sopchoppy ([email protected]); Sopchoppy ([email protected]); South Bay ([email protected]); South Bay ([email protected]); South Bay ([email protected]); South Daytona ([email protected]); South Daytona ([email protected]); South Miami ([email protected]); South Miami ([email protected]); South Miami ([email protected]); South Palm Beach ([email protected]); South Palm Beach ([email protected]); South Palm Beach ([email protected]); South Pasadena ([email protected]); South Pasadena

([email protected]); South Pasadena ([email protected]); Southwest Ranches ([email protected]); Southwest Ranches ([email protected]); Springfield ([email protected]); Springfield ([email protected]) ; St. Augustine ([email protected]); St. Augustine ([email protected]); St. Augustine ([email protected]); St. Augustine Beach ([email protected]); St. Augustine Beach ([email protected]); St. Cloud ([email protected]); St. Cloud ([email protected]); St. Cloud ([email protected]); St. Leo ([email protected]); St. Leo ([email protected]); St. Lucie Village ([email protected]); St. Lucie Village ([email protected]); St. Marks ([email protected]); St. Marks ([email protected]); St. Pete Beach ([email protected]); St. Pete Beach ([email protected]); St. Pete Beach ([email protected]); St. Petersburg ([email protected]); St. Petersburg ([email protected]); St. Petersburg ([email protected]); Starke ([email protected]); Starke ([email protected]); Stuart ([email protected]); Stuart ([email protected]); Stuart ([email protected]); Sunny Isles Beach ([email protected]); Sunny Isles Beach ([email protected]); Sunrise ([email protected]); Sunrise ([email protected]); Sunrise ([email protected]); Surfside ([email protected]); Surfside ([email protected]); Surfside ([email protected]); Sweetwater ([email protected]); Sweetwater ([email protected]); Sweetwater ([email protected]); Tallahassee ([email protected]); Tallahassee ([email protected]); Tallahassee ([email protected]); Tamarac ([email protected]); Tamarac ([email protected]); Tampa ([email protected]); Tampa ([email protected]); Tampa ([email protected]); Tarpon Springs ([email protected]); Tarpon Springs ([email protected]); Tarpon Springs ([email protected]); Tavares ([email protected]); Tavares ([email protected]); Tavares ([email protected]); Temple Terrace ([email protected]); Temple Terrace ([email protected]); Temple Terrace ([email protected]); Tequesta ([email protected]); Tequesta ([email protected]); Tequesta ([email protected]); Titusville ([email protected]); Titusville ([email protected]); Titusville ([email protected]); Treasure Island ([email protected]); Treasure Island ([email protected]); Treasure Island ([email protected]); Trenton ([email protected]); Trenton ([email protected]); Umatilla ([email protected]); Umatilla ([email protected]); Umatilla ([email protected]); Valparaiso ([email protected]); Valparaiso ([email protected]); Valparaiso ([email protected]); Venice ([email protected]); Venice ([email protected]); Venice ([email protected]); Vernon ([email protected]); Vernon ([email protected]); Vero Beach ([email protected]); Vero Beach ([email protected]); Vero Beach ([email protected]); Virginia Gardens ([email protected]); Virginia Gardens ([email protected]); Waldo ([email protected]); Wauchula ([email protected]); Wauchula ([email protected]); Wauchula ([email protected]); Wausau ([email protected]); Webster ([email protected]); Weeki Wachee ([email protected]); Welaka ([email protected]); Welaka ([email protected]); Wellington ([email protected]); Wellington ([email protected]); Wellington ([email protected]); West Melbourne ([email protected]); West Melbourne ([email protected]); West Melbourne ([email protected]); West Miami ([email protected]); West Miami ([email protected]); West Miami ([email protected]); West Palm Beach ([email protected]); West Palm Beach ([email protected]); West Palm Beach ([email protected]); West Park ([email protected]); West Park ([email protected]); West Park ([email protected]); Weston ([email protected]); Weston ([email protected]); Weston ([email protected]); Westville ([email protected]); Wewahitchka ([email protected]); Wewahitchka ([email protected]); White Springs ([email protected]); White Springs ([email protected]); Wildwood ([email protected]); Wildwood ([email protected]); Williston ([email protected]); Williston ([email protected]); Wilton Manors ([email protected]); Wilton Manors ([email protected]); Wilton Manors ([email protected]); Windermere ([email protected]); Windermere ([email protected]); Windermere ([email protected]); Winter Garden ([email protected]); Winter Garden ([email protected]); Winter Garden ([email protected]); Winter Haven ([email protected]); Winter Haven ([email protected]); Winter Haven ([email protected]); Winter Park ([email protected]); Winter Park ([email protected]); Winter Park ([email protected]); Winter Springs ([email protected]); Winter Springs ([email protected]); Winter Springs ([email protected]); Worthington Springs ([email protected]); Worthington Springs ([email protected]); Yankeetown ([email protected]); Zephyrhills ([email protected]); Zephyrhills ([email protected]); Zephyrhills ([email protected]); Zolfo Springs ([email protected]); Zolfo Springs ([email protected]); Zolfo Springs ([email protected])

Subject: Flags at Half-Staff; Friday, September 5, 2014Date: Thursday, September 04, 2014 5:08:25 PMAttachments: Memorandum.pdf

image001.png

Attached please find the Memorandum directing flags to half-staff in honor of Steven Sotloff.Thank you,

FlagsExecutive Office of Governor Rick Scott

Office of the General Counsel(850) [email protected]

To find out more information about the flags and to view the Executive Office of the Governor Flag Protocol, visit our website at www.flgov.com/flag-information/. To be added to the flag status notification list, sign up by visiting www.flgov.com/flag-information/ or simply reply to [email protected] with your name and email address.

From: flagsTo: Macclenny ([email protected]); Macclenny ([email protected]); Madeira Beach

([email protected]); Madeira Beach ([email protected]); Madeira Beach ([email protected]); Madison ([email protected]); Madison ([email protected]); Madison ([email protected]); Maitland ([email protected]); Maitland ([email protected]); Maitland ([email protected]); Malabar ([email protected]); Malabar ([email protected]); Malabar ([email protected]); Malone ([email protected]); Malone ([email protected]); Manalapan ([email protected]); Manalapan ([email protected]); Manalapan ([email protected]); Mangonia Park ([email protected]); Mangonia Park ([email protected]); Mangonia Park ([email protected]); Marathon ([email protected]); Marathon ([email protected]); Marathon ([email protected]); Marco Island ([email protected]); Marco Island ([email protected]); Marco Island ([email protected]); Margate ([email protected]); Margate ([email protected]); Margate ([email protected]); Marianna ([email protected]); Marianna ([email protected]); Marineland ([email protected]); Marineland ([email protected]); Marineland ([email protected]); Mary Esther ([email protected]); Mary Esther ([email protected]); Mary Esther ([email protected]); Mascotte ([email protected]); Mascotte ([email protected]); Mascotte ([email protected]); Mayo ([email protected]); McIntosh ([email protected]); McIntosh ([email protected]); Medley ([email protected]); Medley ([email protected]); Melbourne ([email protected]); Melbourne ([email protected]); Melbourne ([email protected]); Melbourne Beach ([email protected]); Melbourne Beach ([email protected]); Melbourne Beach ([email protected]); Melbourne Village ([email protected]); Melbourne Village ([email protected]); Mexico Beach ([email protected]); Mexico Beach ([email protected]); Mexico Beach ([email protected]); Miami ([email protected]); Miami ([email protected]); Miami ([email protected]); Miami Beach ([email protected]); Miami Beach ([email protected]); Miami Beach ([email protected]); Miami Gardens ([email protected]); Miami Gardens ([email protected]); Miami Lakes ([email protected]); Miami Lakes ([email protected]); Miami Lakes ([email protected]); Miami Shores ([email protected]); Miami Shores ([email protected]); Miami Springs ([email protected]); Miami Springs ([email protected]); Miami Springs ([email protected]); Micanopy ([email protected]); Midway ([email protected]); Midway ([email protected]); Midway ([email protected]); Milton ([email protected]); Milton ([email protected]); Milton ([email protected])

Subject: Flags at Half-Staff; Sunday, December 7, 2014Date: Friday, December 05, 2014 3:57:37 PMAttachments: image001.png

Proclamation.pdfImportance: High

Please see attached Proclamation regarding flags at half-staff in honor of National Pearl Harbor Remembrance Day.Thank you,

FlagsExecutive Office of Governor Rick ScottOffice of the General Counsel(850) [email protected]


From: flagsTo: -; - ; Blasi, Mary; Brian, Mark; FDLE, Mansion; Johnson, Maggie; Jones, Mark; Jungjohan, Melissa;

[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; marian purifoy; [email protected]; marlene; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; McLean, Mike; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Mercado, Maribel; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; michael mcdaniel; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; oakes, mark; ross, meg; Salch, Mary Ann; Smith, Matt; starke; starkey, marvin; tatum, mike; Webster, Michael; Lee ([email protected]); Madison ; Madison ([email protected]); Madison ([email protected]); Madison ([email protected]); Madison ([email protected]); Madison ([email protected]); Maitland ([email protected]); Anna Maria ([email protected]); Anna Maria ([email protected]); Bradenton; Bradenton; Bradenton ; Bradenton ; Bradenton ; Bradenton ([email protected]); Bradenton ([email protected]); Bradenton ([email protected].); Bradenton Beach ([email protected]); Bradenton Beach ([email protected]); Bradenton Beach ([email protected]); Holmes Beach ([email protected]); Holmes Beach ([email protected]); Longboat Key ([email protected]); Longboat Key ([email protected]); Manatee; Manatee ([email protected]); Manatee ([email protected]); Manatee ([email protected]); Palmetto ([email protected]); Palmetto ([email protected]); Belleview ([email protected]); Belleview ([email protected]); [email protected]; Dunnellon ([email protected]); Dunnellon ([email protected]); Marion; Marion; Marion; Marion ([email protected]); Marion ([email protected]); Marion ([email protected]); Marion (Schools); McIntosh ([email protected]); McIntosh ([email protected]); Ocala ([email protected]); Ocala ([email protected]); Ocala ([email protected]); Reddick ([email protected]); Jupiter Island ; Jupiter Island ; Jupiter Island ([email protected]); Jupiter Island ([email protected]); Jupiter Island ([email protected]); Martin ([email protected]); Martin ([email protected]); Martin ([email protected]); Ocean Breeze Park ([email protected]); Ocean Breeze Park ([email protected]); Ocean Breeze Park ([email protected]); Sewall"s Point ([email protected]); Sewall"s Point ([email protected]); Sewall"s Point ([email protected]); Stuart ; Stuart ; Stuart ([email protected]); Stuart ([email protected]); Stuart ([email protected]); Aventura ([email protected]); Aventura ([email protected]); Aventura ([email protected]); Bal Harbour ([email protected]); Bal Harbour ([email protected]); Bal Harbour ([email protected]); Bay Harbor Islands ([email protected]); Bay Harbor Islands ([email protected]); Biscayne Park ([email protected]); Biscayne Park ([email protected]); Coral Gables ; Coral Gables ([email protected].); Coral Gables ([email protected].); Coral Gables ([email protected].); Cutler Bay ; Cutler Bay ([email protected]); Cutler Bay ([email protected]); Cutler Bay ([email protected]); Doral ([email protected]); Doral ([email protected]); Doral ([email protected]); El Portal; El Portal ([email protected]); El Portal ([email protected]); El Portal ([email protected]); Florida City; Florida City ([email protected]); Florida City ([email protected]); Florida City ([email protected]); Golden Beach ([email protected]); Golden Beach ([email protected]); Golden Beach ([email protected]); Hialeah ([email protected]); Hialeah ([email protected]); Hialeah ([email protected]); Hialeah Gardens ([email protected]); Homestead ; Homestead ([email protected]); Homestead ([email protected]); Homestead ([email protected]); Indian Creek ([email protected]); Indian Creek ([email protected]); Key Biscayne ; Key Biscayne ; Key Biscayne ([email protected]); Key Biscayne ([email protected]); Key Biscayne ([email protected]); Medley ([email protected]); Medley ([email protected]); Miami ([email protected]); Miami ([email protected]); Miami ([email protected]); Miami Beach ([email protected]); Miami Beach ([email protected]); Miami Beach ([email protected]); Miami Gardens ([email protected]); Miami Gardens ([email protected]); Miami Lakes ([email protected]); Miami Lakes ([email protected]); Miami Shores ([email protected]); Miami Shores ([email protected]); Miami Springs ([email protected]); Miami Springs ([email protected]); Miami Springs ([email protected]); Miami-Dade ([email protected]); Miami-Dade ([email protected]); Miami-Dade ([email protected]); North Bay Village ([email protected]); North Miami ([email protected]); North Miami

([email protected]); North Miami Beach ; North Miami Beach ([email protected]); North Miami Beach ([email protected]); North Miami Beach ([email protected]); Opalocka (city [email protected]); Opalocka ([email protected]); Palmetto Bay ; Palmetto Bay ([email protected]); Palmetto Bay ([email protected]); Palmetto Bay ([email protected]); Pinecrest ([email protected]); Pinecrest ([email protected]); Pinecrest ([email protected]); South Miami ([email protected]); South Miami ([email protected]); South Miami ([email protected]); Sunny Isles Beach ([email protected]); Sunny Isles Beach ([email protected]); Surfside; Surfside ([email protected]); Surfside ([email protected]); Surfside ([email protected]); Sweetwater ([email protected]); Sweetwater ([email protected]); Sweetwater ([email protected]); Virginia Gardens ([email protected]); Virginia Gardens ([email protected]); West Miami ([email protected]); West Miami ([email protected]); Islamorada ([email protected]); Islamorada ([email protected]); Islamorada ([email protected]); Key Colony Beach ([email protected]); Key Colony Beach ([email protected]); Key West ([email protected]); Key West ([email protected]); Key West ([email protected]); Layton ([email protected]); Layton ([email protected]); Marathon ([email protected]); Marathon ([email protected]); Marathon ([email protected]); Monroe; Monroe; Monroe ([email protected]); Monroe ([email protected]); Monroe ([email protected])

Subject: Flags at Half-Staff; Sunday, October 12, 2014Date: Friday, October 10, 2014 11:28:50 AMAttachments: Memorandum.pdf

image001.pngImportance: High

Please see attached Memorandum directing flags to half-staff in observance of the National Fallen Firefighters Memorial Service.Sincerely,



From: Raul GastesiTo: Antonacci, Peter; J C. PlanasSubject: Fwd: FW: Special Call Meeting - Wednesday, 8-27-14 at 5:30 p.m.Date: Monday, August 25, 2014 2:14:23 PMAttachments: image002.jpg

image004.pngimage006.pngimage008.jpg

Please see below. I will call you in a few minutes.

Raul

---------- Forwarded message ----------From: Tejeda, Marjorie <[email protected]>Date: Mon, Aug 25, 2014 at 2:12 PMSubject: FW: Special Call Meeting - Wednesday, 8-27-14 at 5:30 p.m.To: "Cid, Manny" <[email protected]>, "Daubert, Tim" <[email protected]>, Frank Mingo <[email protected]>, "Lama, Tony" <[email protected]>, "Mestre, Ceasar" <[email protected]>, "Rodriguez, Nelson" <[email protected]>Cc: "Young, Diana" <[email protected]>, Nicole Lesson <[email protected]>, "Inguanzo, Gina" <[email protected]>, "Rey, Alex" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "Agha, Andrea" <[email protected]>, "Arthur, April" <[email protected]>, "Slaton, Wayne" <[email protected]>

Honorable Vice Mayor and Councilmembers,Mayor Slaton is calling a special call meeting to be held on Wednesday, August 27, 2014 at 5:30 p.m. in the Council Chambers at Government Center, 6601 Main Street, Miami Lakes, Florida 33014. The items for discussion and/or action are:1. Matter of Michael A. Pizzi, Jr. v. Rick Scott (SC14-1634).2. Retention of special counsel.Thank you,Marjorie Tejeda-Castillo, CMCTown Clerk

[Description: Description: Description: Description: MiamiLakes_Logo_color]

Town of Miami Lakes6601 Main Street. Suite 206Miami Lakes, FL 33014(305) 512-7135(305) 364-6100 Ext. [email protected]<mailto:[email protected]>www.miamilakes-fl.gov<http://www.miamilakes-fl.gov/>

[cid:[email protected]]<https://www.facebook.com/townofmiamilakes> [cid:[email protected]] <https://twitter.com/MiamiLakesNews> [cid:[email protected]] <http://www.miamilakes-fl.gov/>

NOTE: Florida Public Records Law provides that most written communications to or from Municipal employees regarding town business are public records, available to the public and media upon request. Therefore, this e-mail message may be subject to public disclosure.

-- RAUL GASTESI, JR., ESQ.GASTESI & ASSOCIATES, P.A.8105 N.W. 155 STREETMIAMI LAKES, FL 33016TEL: 305-818-9993FAX: 305-818-9997Email: [email protected]

This message and attachment(s) are intended solely for the use of the addressee and may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law. If you are not the intended recipient or agent thereof responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by telephone and with a "reply" message. Thank you for your cooperation.

From: Raul GastesiTo: J C. Planas; Haydee Sera; Antonacci, PeterSubject: Fwd: See attachedDate: Monday, August 25, 2014 1:49:20 PMAttachments: Draft Reponse - Pizzi.pdf

image001.png

In a mediation will call shortly

---------- Forwarded message ----------From: Antonacci, Peter <[email protected]>Date: Mon, Aug 25, 2014 at 12:56 PMSubject: See attachedTo: [email protected]

Please call me

Peter Antonacci

General Counsel


Room 209, The Capitol


Phone: (850) 717-9321

@ItsWorkingFL

From: Raul GastesiTo: Winokur, ThomasSubject: Fwd: final versionDate: Thursday, January 08, 2015 10:44:37 AMAttachments: Pizzi reinstatement lawsuit final to be filed today.docx

---------- Forwarded message ----------From: Weaver, Jay <[email protected]>Date: Tue, Jan 6, 2015 at 4:01 PMSubject: Fwd: final versionTo: [email protected]

Raul,

This is the final version of Pizzi's lawsuit being filed this afternoon.

Please get back to me before the end of the day.

Thanks,

Jay



1

IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR MIAMI-DADE COUNTY

CIRCUIT CIVIL DIVISION CASE NO.

MICHAEL A. PIZZI, JR., and MARY COLLINS,

Plaintiffs, v.

TOWN OF MIAMI LAKES, FLORIDA, WAYNE SLATON, and MARJORIE TEJEDA-CASTILLO, in her official capacity as Town Clerk, Town of Miami Lakes, Florida, Defendant.

___________________________________/

VERIFIED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF, FOR WRIT OF QUO WARRANTO,

FOR WRIT OF MANDAMUS, AND FOR JUDGMENT OF OUSTER, WITH INCORPORATED MEMORANDUM OF LAW

Plaintiff, Michael A. Pizzi, Jr., the duly elected Mayor of the Town of

Miami Lakes, Florida, following Governor Rick Scott’s Executive Order revoking

his suspension from office, seeks an order requiring the Town of Miami Lakes to

recognize his rightful occupancy of the Office of Mayor and his entitlement to

execute the powers and duties of that Office through the completion of the 4-year

term to which he was elected in November 2012. Because Mayor Pizzi’s term in

2

office does not expire until November 2016, he is entitled to immediate

reinstatement to office.

I. INTRODUCTION

Michael Pizzi is the duly elected Mayor of Miami Lakes, re-elected by a

landslide vote of the citizens of Miami Lakes in November 2012, to serve as

Mayor until November 2016. In that election, Mayor Pizzi received the highest

voter approval in Town history. He was temporarily suspended when he was

charged with a crime, but his suspension has been revoked and vacated following

his complete and total exoneration from these false allegations. Upon the lifting of

the suspension and because he was never removed from office and his term has not

yet expired, he is entitled to return to office as of the day the suspension was lifted.

Although a special election was held after his arrest, this was only to temporarily

elect a mayor to occupy the office during the period of his suspension. Once the

suspension was lifted, the temporary occupant of the Office of Mayor was no

longer the duly elected Mayor. Unfortunately, the current occupant of the Office

refuses to vacate the position, supported by political opponents of Mayor Pizzi.

Thus, this lawsuit requests judicial intervention to enforce the Florida Constitution,

laws, and will of the people by restoring Michael Pizzi to office to serve the

remainder of the unexpired term to which he was elected.

3

II. NATURE OF CASE AND CONTROVERSY

This is an original action seeking injunctive and declaratory relief to enforce

the return of Michael Pizzi to the position of Mayor of the Town of Miami Lakes,

Florida, following Governor Rick Scott’s December 22, 2014 Executive Order

revoking the suspension previously ordered by the Governor pending Mayor

Pizzi’s successful defense of criminal proceedings brought against him in his

official capacity as Mayor. “The suspension [of Mayor Pizzi] by the Governor

creates a temporary vacancy in such office during the suspension.” 112.51(3), Fla.

Stat. (2014). According to the Florida Constitution, “any elected municipal officer

indicted for crime may be suspended from office until acquitted and the office

filled by appointment for the period of suspension, not to extend beyond the term,

unless these powers are vested elsewhere by law or the municipal charter.” Art. IV,

§ 7(c), Fla. Const. No provision in the Miami Lakes Charter provides that a

gubernatorial suspension creates a permanent vacancy in office.

This action also seeks issuance of a writ of quo warranto, pursuant to Rule

1.630 of the Florida Rules of Civil Procedure, challenging the authority of Wayne

Slaton to both hold the position of Mayor, and execute the duties and powers of the

Office of Mayor of the Town of Miami Lakes, Florida.

This action also seeks issuance of a writ of mandamus, pursuant to Rule

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1.630 of the Florida Rules of Civil Procedure, commanding the Town Clerk to

perform the purely ministerial function of affixing Michael Pizzi’s name to the

official Town records as Town Mayor and granting him back pay and the

emoluments of office.

This action further seeks a judgment of ouster of Wayne Slaton as Mayor of

the Town of Miami Lakes, Florida.

Finally, this action seeks all other relief authorized by law, and is

accompanied by a motion requesting expedited relief.

III. BASIS FOR INVOKING JURISDICTION

The Circuit Court has original jurisdiction to issue the extraordinary writs of

quo warranto and mandamus pursuant to Art. V, § 5(b), of the Florida

Constitution. Mandamus is the allowable remedy to require the performance of a

purely ministerial act. See Smith v. State, 696 So. 2d 814 (Fla. 2d DCA 1997). Quo

warranto is the authorized remedy testing the right to hold public office. See Ch.

80, Fla. Stat. (2014); McSween v. State Live Stock Sanitary Board of Florida, 97

Fla. 750, 761-762, 122 So. 239, 244 (Fla. 1929) (en banc). Pursuant to §80.01,

Florida Statutes (2014), Florida Attorney General Pam Bondi has been requested to

initiate or join in this action to name Michael Pizzi as the person rightfully entitled

to the Office of Mayor of Miami Lakes, Florida.

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A judgment of ouster is the proper remedy pursuant to §80.032, Florida

Statutes (2014), to remove Wayne Slaton from the office rightfully claimed by

Mayor Pizzi.

The Circuit Court has the authority to issue injunctive and declaratory relief

pursuant to §§ 26.012(3), 86.011, and 86.061, Florida Statutes (2014).

The United States Constitution, Amendments 5 and 14, as well as Article I,

§ 9 of the Florida Constitution provide that no property right may be abridged

without due process of law.

IV. THE PARTIES

1. Michael A. Pizzi, Jr. is a citizen, elector, and resident of Miami Lakes,

Florida. He was overwhelmingly re-elected in November 2012 to a four-year term

of office expiring November 2016 as Mayor of the Town of Miami Lakes, Florida,

pursuant to Article II, §2.3 of the Town Charter. He defeated his challenger,

defendant Wayne Slaton, by a margin of nearly 70% to 30%.

2. Mary Collins is a citizen, elector, resident, and former founding

Councilmember of Miami Lakes, Florida, who voted for Michael Pizzi for Mayor

in November 2012, and is entitled to see that Mayor Pizzi is restored to the Office

of Mayor to which he was elected to serve his four-year term expiring in

November 2016.

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3. The Town of Miami Lakes, Florida, is a municipal corporation located

in Miami-Dade County, Florida, and created pursuant to Article VIII, §2, of the

Florida Constitution, and in accordance with the Miami-Dade County Home Rule

Charter, as set forth in Article I, §1.1 of the Miami Lakes Town Charter.

4. Marjorie Tejeda-Castillo is the Town Clerk for the Town of Miami

Lakes, Florida, and is a Charter officer pursuant to Article III, §3.6 of the Town

Charter. In her official capacity, she is responsible for maintenance of the official

records of the Town. She is sued only in her official capacity.

5. Wayne Slaton is a citizen, elector, and resident of Miami Lakes,

Florida. He was elected to the office of Mayor of Miami Lakes, Florida, in October

2013, pursuant to Article II, §2.5 of the Town Charter, solely to fill the temporary

vacancy created by Mayor Pizzi’s gubernatorial suspension arising from criminal

proceedings brought against Michael Pizzi in his official capacity as Mayor.

V. GENERAL FACTUAL ALLEGATIONS

6. Michael Pizzi was overwhelmingly re-elected to a four-year term as

Mayor of the Town of Miami Lakes, Florida, in the November 6, 2012 general

election (App. 1).1 He defeated Wayne Slaton by nearly 70% of the votes cast in

1 Michael Pizzi received 8,431 votes out of 12,338 ballots cast, with

then-opponent Wayne Slaton garnering a mere 3,907 votes. The final vote count was a more than two-to-one margin of victory of 68% for Mayor Pizzi.

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the highest voter turnout in Miami Lakes history. He took the oath of office and

entered upon his duties as Mayor. (App. ***). The term to which he was elected

expires in November 2016, and he has never been removed from that office.

7. Michael Pizzi was serving as Town Mayor on August 6, 2013 (App.

2-3). On that day, the United States Attorney for the Southern District of Florida

filed a criminal complaint charging him, in his capacity as Town Mayor, with

conspiracy to commit extortion under color of law, in violation of 18 United States

Code § 1951(a), resulting in his arrest (App. 3-34).

8. Pursuant to Art. IV, § 7, Florida Constitution, § 112.51, Florida

Statutes, and in accordance with the Constitution and laws of the State of Florida,

Governor Rick Scott immediately issued Executive Order No. 13-217, declaring

that “Michael Pizzi is suspended from the public office, which he now holds, to

wit: Mayor for the [Town] of Miami Lakes, Florida.” (App. ***). According to

Article IV, § 7(c), the suspension period lasts only “until acquitted” and the

temporary appointment of a replacement extends only “for the period of

suspension …”

9. On August 13, 2013, even before Michael Pizzi was formally charged

with any crime, the Miami Lakes Town Council passed Resolution 13-1125,

calling for a special election to be held on October 1, 2013, for the sole purpose of

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filling the vacancy created by the Governor’s suspension of Mayor Pizzi (App.

***). The Town Attorney issued an official opinion at the Special Council Meeting

on August 8, 2013, confirmed by a memo to Town Manager Alex Rey on

September 8, 2013, that the special election would fill the mayoral vacancy only

during the period of Mayor Pizzi’s suspension (App. ***). The Town Attorney

also stated on the public record that Mayor Pizzi was not obligated to qualify for

the special election because he would be immediately reinstated as Mayor upon his

acquittal of the charges (App. ***). No member of the Town Council or Town

staff objected to or contradicted the Town Attorney’s guidance, including Wayne

Slaton who was present at that Council meeting.

10. Miami Lakes Resolution 13-1125 contained no provision for the

termination or removal of Mayor Pizzi’s position as Mayor during his suspension

(App. ***). Neither the published sample ballot (App. ***) nor the approved

Special Election Ballot (App. ***) contained any notice to the electors or Michael

Pizzi that Mayor Pizzi was being removed from office or that his position as

Mayor was being eliminated notwithstanding the temporary vacancy resulting from

his suspension.

11. As scheduled, the Special Election took place on October 1, 2013,

with only 3,425 Miami Lakes voters casting ballots (App. ***). Wayne Slaton won

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a 48% plurality of the ballots, receiving 1,626 votes, even fewer votes than when

he was defeated by Mayor Pizzi in the 2012 election. He was sworn into office as

the replacement Mayor for the period of Michael Pizza’s suspension. The special

election was held even before Michael Pizzi was even formally charged with any

crimes by indictment.

12. Three weeks after the Special Election, on October 24, 2013, Michael

Pizzi was indicted by a grand jury for the Southern District of Florida for the

felonies of Conspiracy to Commit Extortion Under Color of Law (Count 1) and

Attempted Extortion (Counts 2-5) (App. ***). The charges were subsequently

superseded and amended through the filing of a Second Superseding Indictment to

add violations of Bribery Concerning Programs Receiving Federal Funds (Counts

6-7) (App. ***). Michael Pizzi pled Not Guilty (App. ***) and proceeded to trial

commencing on July 8, 2014 (App. ***). He was found Not Guilty of all charges

by a jury on August 14, 2014 (App. ***). U.S. District Judge Marcia G. Cooke

immediately entered a Judgment of Acquittal on all charges (App. ***). No other

charges were or are pending against Mr. Pizzi.

13. Upon public notice of the acquittal, Michael Pizzi was informed that

same day by the Town Clerk that the Mayor’s office was being cleared of

temporary Mayor Slaton’s belongings and was being refurnished with Mayor

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Pizzi’s property. Mayor Slaton vacated the office that evening and removed his

belongings. When Mayor Pizzi arrived at Town Hall on the evening of his

acquittal, his official photograph had been re-hung with the other Town officials,

his name plate had been placed by the Town staff in all the appropriate locations,

and Mayor Pizzi’s belongings had been returned to the office by the staff. Mayor

Pizzi was greeted by the Town Clerk, Police Chief, Building Official, and other

Town staff as Mayor Pizzi then met with Town constituents in the discharge of his

official duties. The Clerk and Town staff fully recognized Mr. Pizzi as Town

Mayor, Slaton vacated the position without objection, and with the full cooperation

of staff, Mayor Pizzi began performing his duties in his fully restored office with

no objection.

14. On the day of his acquittal, Michael Pizzi requested that the Governor

“forthwith revoke the suspension” previously ordered (App. ***). The Governor

refused to do so (App. ***). As a result, Mayor Pizzi initiated an original Writ of

Mandamus in the Florida Supreme Court to direct the Governor to revoke the

suspension by reason of his acquittal on all charges. Pizzi v. Governor Rick Scott,

Case No. SC14-1634. After extensive briefing of the narrow issue of Michael

Pizzi’s entitlement to a revocation of the suspension as a matter of constitutional

law, during which the Town of Miami Lakes unsuccessfully attempted to submit

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an amicus brief favoring the denial of the revocation of Mayor Pizzi’s suspension,

the Florida Supreme Court issued its final Order on December 22, 2014, directing

the Governor to forthwith revoke the suspension. The Supreme Court Order

limited its relief to the revocation of the suspension because that was the only

remedy requested by Mayor Pizzi before that tribunal, and no other issue was

briefed or presented to the Court. The Supreme Court made no decision on Mayor

Pizzi’s entitlement to restoration to office, as this issue was never before the Court

or briefed by the parties.

15. The Governor complied with the Order of the Florida Supreme Court,

revoking the suspension through Executive Order 14-327 on the evening of

December 22, 2014 (App. ***).

16. Notwithstanding the revocation of Mayor Pizzi’s suspension,

the Town of Miami Lakes refused to reinstate Michael Pizzi as Mayor (App. ***)

and continues to persist in that refusal, prompting this litigation.

17. Wayne Slaton refuses to vacate the Office of Mayor, and continues to

purport to discharge the duties and responsibilities of Mayor (App. ***).

18. Article IV, § 7(c) of the Florida Constitution provides the exclusive

authority of the Governor in matters involving the suspension of municipal public

officials upon an accusation of criminal activity:

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By order of the governor any elected municipal officer indicted for crime may be suspended from office until acquitted and the office filled by appointment for the period of suspension, not to extend beyond the term, unless these powers are vested elsewhere by law or the municipal charter.

19. Florida law mandates that the suspension creates a “temporary

vacancy” during the suspension. §112.51(3), Florida Statutes (2014).

20. Section 112.51(6), Florida Statutes (2014), requires the official’s

restoration to office upon an acquittal:

If the municipal official is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment, or information by reason of which he or she was suspended under the provisions of this section, then the Governor shall forthwith revoke the suspension and restore such municipal official to office; and the official shall be entitled to and be paid full back pay and such other emoluments or allowances to which he or she would have been entitled for the full period of time of the suspension.

21. The term of office to which Michael Pizzi was elected had not

expired during the period of suspension, and still has not expired.

22. No provision of the Charter of the Town of Miami Lakes contains any

contrary directive precluding the reinstatement of Michael Pizzi as Mayor or

vesting the power to supersede Article IV § 7(c) of the Florida Constitution which

otherwise controls. See § 2.5, Town of Miami Lakes Charter (App. ***).

23. Neither Michael Pizzi nor the citizens of Miami Lakes have any

adequate remedy available at law to restore Michael Pizzi to office. Because the

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term of office to which Michael Pizzi was elected had not expired, Michael Pizzi is

entitled as a matter of fact and law to the office of Mayor of the Town of Miami

Lakes. Wayne Slaton is not entitled to the office or to exercise the functions and

powers of the office pursuant to Article IV § 7(c) of the Florida Constitution.

VI. COUNT 1: DECLARATORY RELIEF

24. Plaintiffs reincorporate paragraphs 1-22 into this Count.

25. Absent a declaration by this court, the plaintiffs, the elected officials,

and the citizens of the Town of Miami Lakes are in doubt as to who is the rightful

occupant of the Office of Mayor of the Town of Miami Lakes.

26. Plaintiffs have no adequate remedy at law to resolve their doubt as to

the right, title, status, and interest of Michael Pizzi to resume his duties as Mayor

and the preclusion of Wayne Slaton from continuing to occupy that office.

27. Plaintiffs are entitled to a declaration that Michael Pizzi is entitled to

occupy the Office of Mayor and that Wayne Slaton is not entitled to occupy that

same office.

28. There is an actual, present, and practical need for a determination of

Michael Pizzi’s right to occupy the Office of Mayor.

29. Plaintiffs are entitled to a declaration that Michael Pizzi is the rightful

Mayor of the Town of Miami Lakes through November 2016 at the conclusion of

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the term to which he was elected, and that Wayne Slaton is not entitled to occupy

the Office of Mayor or to discharge the duties and responsibilities of Mayor.

VI. COUNT 2: INJUNCTIVE RELIEF


31. Plaintiffs are entitled to injunctive relief commanding that Wayne

Slaton no longer serve as Mayor of the Town of Miami Lakes, and that Michael

Pizzi is the rightful Mayor of the Town of Miami Lakes.

32. Granting the injunctive relief is consistent with the Florida

Constitution, promotes the public good, and furthers the public interest by assuring

that elected officials are able to serve their entire term of office to which they were

elected, and that the will of the electors in choosing their elected officials is

validated and enforced.

33. Plaintiffs have a substantial likelihood of success on the merits in

view of Michael Pizzi’s acquittal of all charges, the revocation of his suspension,

and his express entitlement under Article IV § 7(c) of the Florida Constitution as

well as the laws of the State of Florida to be reinstated to the office to which he

was elected, and from which he was suspended until his acquittal.

34. Plaintiffs, elected officials, and the citizens of the Town of Miami

Lakes are irreparably harmed by Wayne Slaton continuing to occupy the Office of

15

Mayor notwithstanding the revocation of Michael Pizzi’s suspension, and his

entitlement to return to the public office to which he was elected.

35. Plaintiffs have no adequate remedy at law to preserve and enforce the

entitlement of Michael Pizzi to the Office of Mayor, and the removal of Wayne

Slaton from that office.

36. Plaintiffs are entitled to relief as a matter of fact and law.

VI. COUNT 3: QUO WARRANTO


38. Plaintiffs seek a writ of quo warranto to challenge the right of Wayne

Slaton to hold the Office of Mayor of the Town of Miami Lakes.

39. Quo warranto is the proper remedy to contest the right of an

individual to hold a public office. See State ex rel. Bruce v. Kiesling, 632 So. 2d

601 (Fla. 1994); State v. Fernandez, 106 Fla. 779, 143 So. 638 (1932).

40. Plaintiff Michael Pizzi, as the rightful occupant of the Office of

Mayor of the Town of Miami Lakes as a result of the overwhelming vote of the

public re-electing him to office in November 2012, for a four-year term expiring in

November 2016, has a special interest in challenging the occupancy of Wayne

Slaton of the Office of Mayor. The citizens of the Town of Miami Lakes also have

an interest in seeing that the person who they elected for a four-year term as Mayor

16

in 2012 is allowed to serve his full term of office.

41. Granting quo warranto is consistent with the public good and

promotes the public interest by assuring that eligible persons elected to office are

entitled to discharge the duties and responsibilities of the office to which they were

elected for the full term thereof.

42. Plaintiffs have a substantial likelihood of success on the merits in

view of the revocation of the suspension upon Michael Pizzi’s acquittal, and the

right to reinstatement to the remainder of the term to which he was elected.

43. Plaintiffs, elected officials, and the citizens of the Town of Miami

Lakes are irreparably harmed by Wayne Slaton continuing to serve as Mayor.

44. Plaintiffs have no adequate remedy at law to preserve and declare that

Wayne Slaton is serving as Miami Lakes Mayor without legal authority.

45. Plaintiffs are entitled to a determination that Michael Pizzi has the

immediate right to the Office of Mayor of the Town of Miami Lakes, and an ouster

of Wayne Slaton from that Office.

VII. COUNT 4: MANDAMUS


47. Plaintiffs seek a writ of mandamus to direct the Town of Miami

Lakes and its Clerk to restore Michael Pizzi to the Office of Mayor to which he

17

was elected to serve a four-year term in November 2012.

48. The relief requested in this mandamus petition is directed to Article

IV, §7(c) of the Florida Constitution, and § 112.51(6), Florida Statutes (2014),

commanding that upon the acquittal of all the charges that had resulted in the

gubernatorial suspension, the municipal public official shall be restored to office

and shall be paid all the emoluments of office to which the official is entitled.

49. Mandamus is the proper remedy to enforce a right that is both clear

and certain. Florida League of Cities v. Smith, 607 So. 2d 397, 401 (Fla. 1992).

50. Plaintiffs have shown a clear legal right to obtain the prompt and

immediate restoration of Michael Pizzi to the Office of Mayor.

51. The duty and obligation sought to be enforced by a writ of mandamus

is mandatory and not discretionary. Town of Manalapan v. Rechler, 674 So. 2d 789

(Fla. 4th DCA), rev. denied, 684 So. 2d 1353 (Fla. 1996) (citing Solomon v.

Sanitarians’ Registration Bd., 155 So. 2d 353, 356 (Fla. 1963) (“A ministerial duty

is one which is positively imposed by law to be performed at a time and in a

manner or upon conditions which are specifically designated by the law itself

absent any authorization of discretion to the agency.”)).

52. Plaintiffs have no other adequate remedy at law available.

VIII. COUNT 5: JUDGMENT OF OUSTER

18


54. Plaintiffs have shown that Michael Pizzi is the rightful occupant of the

Office of Mayor of the Town of Miami Lakes.

55. Wayne Slaton is not lawfully entitled to occupy the Office of Mayor.

56. This verified complaint is well founded and is based on the facts and

legal authority contained herein.

57. A judgment of ouster pursuant to §80.032, Florida Statutes (2014),

should issue without further amendment so that Wayne Slaton is immediately

removed from the Office of Mayor and Michael Pizzi is reinstated as Mayor.

IX. COUNT 6: ESTOPPEL


59. By publicly stating at a duly noticed Special Council Meeting on

August 13, 2013, that the vacancy resulting from Mayor Pizzi’s suspension was

temporary and would be filled only during the period of his suspension, the Town

of Miami Lakes and its municipal officials made representations as to material

facts that are contrary to the position now asserted by the Town.

60. The Town Attorney and the Town officials were duly authorized to

speak on behalf of the Town of Miami Lakes at the Council Meeting on August 13,

2013.

19

61. Michael Pizzi reasonably relied on those representations in not

seeking to qualify for the Special Election, inasmuch as he was led to believe that

there was no question he would regain his municipal office upon his acquittal.

62. Plaintiff Collins and the citizens and electors of Miami Lakes

reasonably relied on those representations in voting for Wayne Slaton to hold the

Office of Mayor only during the period of Michael Pizzi’s suspension. Neither the

Council Resolution nor the Special Election ballot put electors on notice that the

effect of the special election to fill the vacancy created by Mayor Pizzi’s

suspension constituted a removal from office and a termination of his term as

Mayor even upon his acquittal of the charges resulting in his suspension.

63. The Town’s change in position is without legal basis and is

detrimental to both Michael Pizzi and the citizens and electors of Miami Lakes.

64. Accordingly, the Town of Miami Lakes and its officials are estopped

from claiming that Michael Pizzi is not entitled to return to the Office to which he

was elected for a four-year term commencing November 2012.

X. COUNT 7: VIOLATION OF DUE PROCESS BY DEPRIVATION OF PROPERTY RIGHT AS APPLIED


66. Article IV, §7 of the Florida Constitution and §112.51, Florida

Statutes (2014), cannot be construed to equate a suspension based on a criminal

20

arrest, with an absolute, irrevocable removal from office, without constituting a

denial of due process, as applied to the circumstances of this case. Specifically, as

set forth in §112.51(3), a suspension from office for a criminal charge constitutes a

“temporary vacancy” to be filled temporarily, only during the period of the

suspension. Allowing the suspended official to be removed from office by filling

the temporary vacancy for the remainder of the term of office, without regard to

the ultimate outcome of the criminal case deprives, the elected official of the due

process rights in regard to the office to which the official was elected.

67. Under Florida law, an elected municipal officer has a property right in

his official position and in the completion of the term of office. E.g., State ex rel.

Landis v. Tedder, 106 Fla. 140, 143 So. 148 (1932); Piver v. Stallman, 198 So. 2d

859, 862 (Fla. 3d DCA 1967). Public officeholders, once their term of office has

commenced, may only be removed from such office pursuant to specific

constitutional and statutory authority.

68. Under Florida law, the removal of an elected municipal officer prior

to the expiration of the term of office is limited to narrowly prescribed situations in

accordance with established procedures. By way of example, Article IV, § 7(c),

Florida Constitution, and § 112.52, Florida Statutes (1997), permit the Governor to

suspend – but not remove – from office any elected municipal officer who has

21

been indicted for a criminal act. Only a conviction allows the removal of the

official, preventing the official from completing the term of office to which the

official was elected.

69. When the official is indicted for or charged with the commission of a

criminal act, the officer may be suspended, but can only be removed before the

expiration of the term of office if convicted or upon a recall election, based on

notice and an opportunity to respond.

70. The municipal recall statute, § 100.361, Florida Statutes (2014), sets

forth with particularity the uniform statewide recall procedures needed to remove

from office any member of the governing body of a municipality. The mandatory

prerequisites for removal of a public official from office prior to the expiration of

the term of office include notice of the grounds for removal and an opportunity to

present a defense. By providing notice and an opportunity to respond, the recall

statute comports with due process.

71. The Town’s position that Mayor Pizzi’s suspension based solely on

his arrest is the equivalent of a constitutional removal from office, is inconsistent

with the Florida Constitution and laws that separately define a suspension and a

removal from office. To comport with the Florida Constitution and due process, a

suspension is and can only be deemed a temporary absence, while a removal from

22

office upon a criminal conviction constitutes a permanent status. Otherwise, to

allow a mere arrest, without any proof of culpability or the ability to contest the

charge, to work a permanent removal from office by a truncation of the term

offends constitutional notions of due process, and allows police and prosecution

officials to unilaterally and by fiat determine the status of public and elected

officials.

72. It is for that precise reason that the Florida Constitution, enables but

does not require the Governor to “suspend[] from office until acquitted” any

elected municipal officer who is indicted for a crime. Art. IV, §7(c), Fla. Const.

The suspension lasts only until the officer is acquitted. §112.51(6), Fla. Stat.

(2014).

73. As the Florida Supreme Court instructed in Neal v. Bryant, 149 So. 2d

529, 532-533 (Fla. 1962), when a statute involves a deprivation of a property right,

“the provisions of such statute must be strictly followed.” A public official has a

vested “property right in his office and this right may not be unlawfully taken away

or illegally infringed upon.” Gilbert v. Morrow, 277 So. 2d 812, 813-814 (Fla. 1st

DCA 1973). [INSERT LANGUAGE THAT COURTS MUST CONSTRUE

PROVISIONS OF LAW IN A MANNER CONSISTENT WITH

CONSTITUTIONAL REQUIREMENTS.]

23

74. The truncation of Mayor Pizzi’s term of office, in the absence of a

removal from office upon the conviction of a crime or a recall by the voters after

notice and an opportunity to respond, constitutes a fundamental denial of due

process, as applied to the circumstances presented in this case. Accordingly, to

comport with due process, Mayor Pizzi must be reinstated to the Office of Mayor

to serve out the entire term to which he was elected by a vote of the people.

XI. RESERVATION OF RIGHTS

75. Plaintiff Michael A. Pizzi, Jr. reserves his right to seek remedies

against others for any other infringement of his right to hold his office and all

related privileges. This reservation includes but is not limited to enforcement of his

civil rights under the Constitution and laws of the State of Florida and of the

United States.

XII. RELIEF REQUESTED

76. This court should grant the relief requested in the form of a

declaration and injunction declaring Michael Pizzi to be the rightful Mayor of

Miami Lakes and restoring him to office, and removing Wayne Slaton from that

office.

77. Plaintiffs request a judicial declaration that Wayne Slaton is no longer

entitled to occupy the Office of Mayor or to discharge the duties and

24

responsibilities of Mayor, through the conclusion of the four-year term to which

Michael Pizzi was elected in November 2012.

78. Plaintiffs request a judicial declaration that Michael Pizzi is the

rightful occupant of the Office of Mayor of the Town of Miami Lakes, through the

conclusion of the four-year term of office to which he was elected in November

2012.

79. Plaintiffs are entitled to injunctive relief directing the removal of

Wayne Slaton as Mayor, and reinstating Michael Pizzi as Mayor.

80. Plaintiffs are entitled to a judgment of ouster and a writ of quo

warranto removing Wayne Slaton from office and reinstating Michael Pizzi to

office.

81. Plaintiffs request that Michael Pizzi be paid all back pay and receive

the emoluments of office to which he was entitled during the term of his

suspension, and continue to receive same through the conclusion of his term of

office in November 2016.

82. Plaintiffs request an order that the Town of Miami Lakes and its

elected officials are estopped from claiming that Michael Pizzi is not entitled to

return to office by reason of the revocation of his suspension.

83. If necessary, plaintiffs request a determination that the

25

truncation of Michael Pizzi’s term of office, under the circumstances of this case,

constitutes a denial of due process of law as applies.

84. Plaintiffs request an award of reasonable costs and attorney’s

fees for this litigation arising from Mayor Pizzi’s status as the duly elected Mayor

of the Town of Miami Lakes.

85. This court should grant expedited consideration.

86. Plaintiffs should be granted any other relief deemed appropriate under

the circumstances of this case, including an award of attorney’s fees and costs if

authorized by Florida law.

XIII. VERIFICATION

87. Under penalty of perjury, I declare the information contained in this

document is true and correct to the best of my knowledge and belief.

_____________________ MICHAEL A. PIZZI, JR. January 5, 2015


We certify the foregoing was emailed on January 5, 2015, to:

Gerald B. Cope, Jr. [email protected] Katherine E. Giddings [email protected] Elizabeth M. Hernandez [email protected]

Akerman LLP 1 SE 3rd Avenue, 25th Floor Miami, FL 33131 Raul Gastesi, Jr. [email protected]

26

Haydee Sera [email protected] Gastesi &Associates, P.A. 8105 NW 155th Street Miami Lakes, FL 33016

Juan-Carlos Planas [email protected] [email protected] Kurkin Brandes, LLP 18851 NE 29th Ave., Suite 303 Aventura, FL 33180


27

s/ Edward R. Shohat EDWARD R. SHOHAT Florida Bar No. 152634 JONES WALKER 201 S Biscayne Blvd., Suite 2600 Miami, FL 33131 Tel: 305.679.5700 [email protected] [email protected] s/ Ralf R. Rodriguez RALF R. RODRIGUEZ Florida Bar No. 138053 PECKAR & ABRAMSON, P.C. 1 S.E. Third Avenue, Suite 3100 Miami, FL 33131 Tel: 305.358.2600 Fax: 305.375.0328 [email protected]

s/ David P. Reiner, II DAVID P. REINER, II Fla. Bar No. 416400 REINER & REINER, P.A. 9100 So. Dadeland Blvd., Suite 901 Miami, FL 33156-7815 Tel: 305.670.8282 Fax: 305.670.8989 [email protected]

s/ Kent Harrison Robbins KENT HARRISON ROBBINS Florida Bar No. 275484 1224 Washington Avenue Miami Beach, Florida 33139 Tel: (305) 532-0500 Fax: (305) 531-0150 [email protected]

s/ Benedict P. Kuehne BENEDICT P. KUEHNE Florida Bar No. 233293 MICHAEL T. DAVIS Florida Bar No. 63374 LAW OFFICE OF BENEDICT P. KUEHNE, P.A. 100 S.E. 2nd St., Suite 3550 Miami, FL 33131-2154 Tel: 305.789.5989 Fax: 305.789.5987 [email protected] [email protected] [email protected]

s/ Mark Herron MARK HERRON Florida Bar No. 199737 MESSER CAPARELLO, P.A. 2618 Centennial Place Tallahassee, FL 32308-0572 Tel: 850.222.0270 Fax: 850.558.0659 [email protected]

From: flagsTo: Macclenny ([email protected]); Madeira Beach ([email protected]); Madeira

Beach ([email protected]); Madeira Beach ([email protected]); Madison ([email protected]); Madison ([email protected]); Maitland ([email protected]); Maitland ([email protected]); Maitland ([email protected]); Malabar ([email protected]); Malabar ([email protected]); Malabar ([email protected]); Malone ([email protected]); Malone ([email protected]); Manalapan ([email protected]); Manalapan ([email protected]); Manalapan ([email protected]); Mangonia Park ([email protected]); Mangonia Park ([email protected]); Mangonia Park ([email protected]); Marathon ([email protected]); Marathon ([email protected]); Marathon ([email protected]); Marco Island ([email protected]); Marco Island ([email protected]); Marco Island ([email protected]); Margate ([email protected]); Margate ([email protected]); Margate ([email protected]); Marianna ([email protected]); Marianna ([email protected]); Marineland ([email protected]); Marineland ([email protected]); Marineland ([email protected]); Mary Esther ([email protected]); Mary Esther ([email protected]); Mary Esther ([email protected]); Mascotte ([email protected]); Mascotte ([email protected]); Mascotte ([email protected]); Mayo ([email protected]); McIntosh ([email protected]); McIntosh ([email protected]); Medley ([email protected]); Medley ([email protected]); Melbourne ([email protected]); Melbourne ([email protected]); Melbourne ([email protected]); Melbourne Beach ([email protected]); Melbourne Beach ([email protected]); Melbourne Beach ([email protected]); Melbourne Village ([email protected]); Melbourne Village ([email protected]); Mexico Beach ([email protected]); Mexico Beach ([email protected]); Mexico Beach ([email protected]); Miami ([email protected]); Miami ([email protected]); Miami ([email protected]); Miami Beach ([email protected]); Miami Beach ([email protected]); Miami Beach ([email protected]); Miami Gardens ([email protected]); Miami Gardens ([email protected]); Miami Lakes ([email protected]); Miami Lakes ([email protected]); Miami Lakes ([email protected]); Miami Shores ([email protected]); Miami Shores ([email protected]); Miami Springs ([email protected]); Miami Springs ([email protected]); Miami Springs ([email protected]); Micanopy ([email protected]); Midway ([email protected]); Midway ([email protected]); Midway ([email protected]); Milton ([email protected]); Milton ([email protected]); Milton ([email protected]); Minneola ([email protected]); Minneola ([email protected]); Minneola ([email protected]); Miramar ([email protected]); Miramar ([email protected]); Miramar ([email protected]); Monticello ([email protected]); Monticello ([email protected]); Monticello ([email protected]); Montverde ([email protected]); Montverde ([email protected]); Moore Haven ([email protected]); Moore Haven ([email protected]); Mount Dora ([email protected]); Mount Dora ([email protected]); Mount Dora ([email protected]); Mulberry ([email protected]); Mulberry ([email protected])

Subject: Gubernatorial Proclamation re: Patriot Day: September 11, 2014; Flags at Half-StaffDate: Wednesday, September 10, 2014 3:50:30 PMAttachments: image001.png

Proclamation.pdf

Please see the attached Gubernatorial Proclamation from Governor Scott proclaiming September 11, 2014, Patriot Day and a National Day of Service and Remembrance, and directing the flags of the United States of America and the State of Florida to be flown at half-staff at all local and state buildings, installations, and grounds throughout the State of Florida in honor of those who were killed as a result of the terrorist attacks on September 11, 2001.Thank you,


From: Antonacci, PeterTo: [email protected]: Thursday, August 28, 2014 1:20:29 PMAttachments: Petitioner"s Reply to the Governor"s Response to Petition for Writ of Mandamus.pdf

From: Benedict P. KuehneTo: Winokur, ThomasSubject: Michael Pizzi - Reinstatement to OfficeDate: Thursday, August 14, 2014 5:11:40 PMAttachments: Executive Order 13-217 - Suspension of Michael Pizzi Mayor of Miami Lakes.8-6-13.pdf

Jury Verdict.DE291.pdf

Mr Winokur, please request Governor Scott to REINSTATE Michael Pizzi to office as Mayor of Miami Lakes IMMEDIATELY. Jury verdict attached. Suspension order needs to be vacated. Benedict P. Kuehne Law Office of Benedict P. Kuehne, P.A. 100 S.E. 2d Street, Suite 3550 Miami, FL 33131-2154 305.789.5989 x7 Tel 305.789.5987 Fax [email protected] [email protected] www.kuehnelaw.com

Case 1:13-cr-20815-MGC Document 291 Entered on FLSD Docket 08/14/2014 Page 1 of 1

From: Benedict P. KuehneTo: Winokur, ThomasCc: Antonacci, PeterSubject: Michael Pizzi - Revocation of SuspensionDate: Thursday, August 14, 2014 6:05:24 PMAttachments: Jury Verdict.DE291.pdf

Executive Order 13-217 - Suspension of Michael Pizzi Mayor of Miami Lakes.8-6-13.pdf

Bo – Please contact Town Attorney Raul Gastesi -- [email protected] – 305.801.1292 Please consider our request for a “revocation” of the suspension as commanded by the Florida Constitution and 112.51(6). I am NOT seeking an immediate restoration to office. I understand you can confirm that process with the Town. But I believe it is in the interest of the orderly administration of the affairs of the State of Florida for the Governor to act immediately to revoke EO 13-217. The law says the “Governor shall forthwith revoke the suspension …” Forthwith is today, not tomorrow. This is binding Florida law (emphasis added): (6) If the municipal official is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment, or information by reason of which he or she was suspended under the provisions of this section, then the Governor shall forthwith revoke the suspension and restore such municipal official to office; and the official shall be entitled to and be paid full back pay and such other emoluments or allowances to which he or she would have been entitled for the full period of time of the suspension. If, during the suspension, the term of office of the municipal official expires and a successor is either appointed or elected, such back pay, emoluments, or allowances shall only be paid for the duration of the term of office during which the municipal official was suspended under the provisions of this section, and he or she shall not be reinstated.

§ 112.51, Fla. Stat. Ann. Please let me know whether you need any other information to counsel the Governor on this most Benedict P. Kuehne Law Office of Benedict P. Kuehne, P.A. 100 S.E. 2d Street, Suite 3550 Miami, FL 33131-2154 305.789.5989 x7 Tel 305.789.5987 Fax [email protected] [email protected] www.kuehnelaw.com

Case 1:13-cr-20815-MGC Document 291 Entered on FLSD Docket 08/14/2014 Page 1 of 1

From: Benedict P. KuehneTo: Antonacci, Peter; Winokur, ThomasSubject: Michael Pizzi, Mayor, Town of Miami LakesDate: Friday, August 15, 2014 12:33:12 PMAttachments: Letter to Antonacci, General Counsel.8-15-14.pdfImportance: High

August 15, 2014 Peter Antonacci, General CounselThomas “Bo” Winokur, Deputy General CounselExecutive Office of the Governor400 S Monroe StTallahassee, FL [email protected]@eog.myflorida.com Re: Michael Pizzi, Mayor of Miami Lakes Request for Revocation of Suspension “Forthwith” Dear General Counsel Antonacci and Deputy General Counsel Winokur: On behalf of Mayor Michael Pizzi and the citizens, electors, and residents of Miami Lakes, I request that Governor Scott enter an Executive Order revoking the suspension of Mayor Pizzi implemented through Executive Order of Suspension 13-217 that was done within minutes of Mayor Pizzi's arrest on August 6, 2014. The jury verdict and the judicial declaration by U.S. District Judge Marcia Cooke in United States v. Michael Pizzi, U.S.D.C. Case No. 13-Cr-20815-Cooke (S.D. Fla.), that Michael Pizzi is adjudged NOT GUILTY demands the same immediacy in revoking the suspension order. Governor Scott has a clear and present duty to immediately enter his Order of Revocation of the Suspension, as commanded by Article IV, Section 7(c) of the Florida Constitution, and as implemented by the clear, bright line Florida Law set forth in §112.51(6), Florida Statutes (emphasis added):

(6) If the municipal official is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment, or information by reason of which he or she was suspended under the provisions of this section, then the Governor shall forthwith revoke the suspension and restore such municipal official to office; and the official shall be entitled to and be paid full back pay and such other emoluments or allowances to which he or she would have been entitled for the full period of time of the suspension. If, during the suspension, the term of office of the municipal official expires and a successor is either appointed or elected, such back pay, emoluments, or allowances shall only be paid for the duration of the term of office during which the municipal official was suspended under the provisions of this section, and he or she shall not be reinstated.

By this mandate, Governor Scott’s duty is to "forthwith revoke the suspension" of Mayor Pizzi. Not tomorrow. Not next week. Now. Governor Scott's failure to do so immediately is an abdication of his constitutional responsibilities and an affront to the people's interest in a fair and impartial justice system. Mayor Pizzi is only seeking from the Governor an order revoking the previously-imposed suspension at this time. Now that Mayor Pizzi has been acquitted, he is entitled to the revocation of the suspension so he can immediately request a restoration of his back pay and the emoluments of office. The letter of the law is clear. Governor Scott has no discretion in this matter. Please confirm that an appropriate Order of Revocation of Suspension is being issued. Respectfully submitted, S/ Benedict P. Kuehne BENEDICT P. KUEHNE

EDWARD R. SHOHAT RALF RODRIGUEZ Benedict P. Kuehne Law Office of Benedict P. Kuehne, P.A. 100 S.E. 2d Street, Suite 3550 Miami, FL 33131-2154 305.789.5989 x7 Tel 305.789.5987 Fax [email protected] [email protected] www.kuehnelaw.com

BENEDICT P. KUEHNE*SUSAN DMITROVSKY

MICHAEL T. DAVIS*Board CertifiedAppellate Practice andCriminal Trial Practice

LAW OFFICE OF

BENEDICT P. KUEHNEPROFESSIONAL ASSOCIATION

MIAMI TOWER, SUITE 3550100 S.E. 2 StreetN D

MIAMI, FLORIDA 33131 2154Telephone: 305 789 5989Facsimile: 305 789 5987

[email protected]@[email protected]

FORT LAUDERDALE OFFICE

200 S.W. 1 Avenue, Suite 1200st

Fort Lauderdale, FL 33301 2073

REPLY TO: Miami

August 15, 2014

Peter Antonacci, General CounselThomas “Bo” Winokur, Deputy General CounselExecutive Office of the Governor400 S Monroe StTallahassee, FL [email protected]@eog.myflorida.com

Re: Michael Pizzi, Mayor of Miami LakesRequest for Revocation of Suspension “Forthwith”

Dear General Counsel Antonacci and Deputy General Counsel Winokur:

On behalf of Mayor Michael Pizzi and the citizens, electors, andresidents of Miami Lakes, I request that Governor Scott enter anExecutive Order revoking the suspension of Mayor Pizzi implementedthrough Executive Order of Suspension 13-217 that was done withinminutes of Mayor Pizzi's arrest on August 6, 2014. The jury verdict andthe judicial declaration by U.S. District Judge Marcia Cooke in UnitedStates v. Michael Pizzi, U.S.D.C. Case No. 13-Cr-20815-Cooke (S.D. Fla.),that Michael Pizzi is adjudged NOT GUILTY demands the sameimmediacy in revoking the suspension order.

Governor Scott has a clear and present duty to immediately enterhis Order of Revocation of the Suspension, as commanded by Article IV,Section 7(c) of the Florida Constitution, and as implemented by the clear,bright line Florida Law set forth in §112.51(6), Florida Statutes (emphasisadded):

(6) If the municipal official is acquitted or foundnot guilty or is otherwise cleared of the charges which

Peter Antonacci, General CounselThomas “Bo” Winokur, Deputy General CounselAugust 15, 2014Page 2

were the basis of the arrest, indictment, or informationby reason of which he or she was suspended under theprovisions of this section, then the Governor shallforthwith revoke the suspension and restore suchmunicipal official to office; and the official shall be entitled toand be paid full back pay and such other emoluments orallowances to which he or she would have been entitled for thefull period of time of the suspension. If, during the suspension,the term of office of the municipal official expires and asuccessor is either appointed or elected, such back pay,emoluments, or allowances shall only be paid for the durationof the term of office during which the municipal official wassuspended under the provisions of this section, and he or sheshall not be reinstated.

By this mandate, Governor Scott’s duty is to "forthwith revoke thesuspension" of Mayor Pizzi. Not tomorrow. Not next week. Now. GovernorScott's failure to do so immediately is an abdication of his constitutionalresponsibilities and an affront to the people's interest in a fair andimpartial justice system.

Mayor Pizzi is only seeking from the Governor an order revoking thepreviously-imposed suspension at this time. Now that Mayor Pizzi hasbeen acquitted, he is entitled to the revocation of the suspension so he canimmediately request a restoration of his back pay and the emoluments ofoffice. The letter of the law is clear. Governor Scott has no discretion inthis matter.

Please confirm that an appropriate Order of Revocation ofSuspension is being issued.

Respectfully submitted,S/ Benedict P. KuehneBENEDICT P. KUEHNEEDWARD R. SHOHATRALF RODRIGUEZ

Peter Antonacci, General CounselThomas “Bo” Winokur, Deputy General CounselAugust 15, 2014Page 3

DAVID P. REINER

From: Winokur, ThomasTo: "[email protected]"Subject: Michael PizziDate: Friday, August 15, 2014 2:55:37 PMAttachments: Response regarding Michael Pizzi.pdf

Mr. Kuehne, please see the attached letter from Peter Antonacci regarding Michael Pizzi. Best regards,Bo Winokur Thomas D. WinokurAssistant General CounselExecutive Office of the Governor The Capitol, Suite 209 Tallahassee, Florida 32399 Phone: 850-717-9310Fax: 850-488-9810

From: Benedict P. KuehneTo: Antonacci, Peter; Winokur, Thomas; Scott Open GovernmentSubject: PUBLIC RECORDS REQUESTDate: Monday, September 08, 2014 11:28:07 AMAttachments: Letter to Governor.Public Records Request.9-7-14.pdf

September 8, 2014

Peter Antonacci, General CounselThomas “Bo” Winokur, Deputy General CounselExecutive Office of the Governor400 S Monroe StTallahassee, FL [email protected]@eog.myflorida.com

Public Information OfficerExecutive Office of the [email protected]

Re: Public Records RequestAll Records of Executive Orders of Suspension, Revocation,and Removal from Public OfficeDear General Counsel Antonacci and Mr. Winokur:Pursuant to Florida’s Public Records Act, Chapter 119, Florida Statutes, I am requesting production (in electronic format if available) of the following information:1. All Executive Orders of Suspension of public officials (not limited to municipal or County office holders) based on allegations of criminal conduct, whether by arrest, charging document, or otherwise, for the entire time period that records of the Office of the Governor are maintained.2. All Executive Orders of Revocation of Suspension of public officials (not limited to municipal or County office holders) based on the individual’s acquittal, or finding of not guilty, or otherwise being cleared of the charges forming the basis for the suspension, for the entire time period that records of the Office of the Governor are maintained.3. All Executive Orders of Removal of public officials based on the individual’s conviction of or plea to any of the charges forming the basis for the suspension, for the entire time period that records of the Office of the Governor are maintained.Respectfully submitted,s/ Benedict P. KuehneBenedict P. KuehneBenedict P. Kuehne Law Office of Benedict P. Kuehne, P.A. 100 S.E. 2d Street, Suite 3550 Miami, FL 33131-2154 305.789.5989 x7 Tel 305.789.5987 Fax [email protected] [email protected]

www.kuehnelaw.com

BENEDICT P. KUEHNE*

SUSAN DMITROVSKY

MICHAEL T. DAVIS

*Board Certified

Appellate Practice and

Criminal Trial Practice

LAW OFFICE OF

BENEDICT P. KUEHNEPROFESSIONAL ASSOCIATION

MIAMI TOWER, SUITE 3550

100 S.E. 2 Streetn d

MIAMI, FLORIDA 33131 2154

Telephone: 305.789.5989

Facsimile: 305.789.5987

[email protected]

[email protected]

[email protected]

FORT LAUDERDALE OFFICE

200 S.W. 1 Avenue, Suite 1200s t

Ft. Lauderdale, FL 33301 2229

REPLY TO: Miami

September 8, 2014

Peter Antonacci, General Counsel

Thomas “Bo” Winokur, Deputy General

Counsel


400 S Monroe St


[email protected]

[email protected]

Public Information Officer


[email protected]

Re: Public Records Request

All Records of Executive Orders of Suspension, Revocation,

and Removal from Public Office

Dear General Counsel Antonacci and Mr. Winokur:

Pursuant to Florida’s Public Records Act, Chapter 119, Florida Statutes, I am requesting

production (in electronic format if available) of the following information:

1. All Executive Orders of Suspension of public officials (not limited to municipal or

County office holders) based on allegations of criminal conduct, whether by arrest, charging document,

or otherwise, for the entire time period that records of the Office of the Governor are maintained.

2. All Executive Orders of Revocation of Suspension of public officials (not limited to

municipal or County office holders) based on the individual’s acquittal, or finding of not guilty, or

otherwise being cleared of the charges forming the basis for the suspension, for the entire time period

that records of the Office of the Governor are maintained.

3. All Executive Orders of Removal of public officials based on the individual’s

conviction of or plea to any of the charges forming the basis for the suspension, for the entire time

period that records of the Office of the Governor are maintained.


s/ Benedict P. Kuehne

Benedict P. Kuehne

From: Benedict P. KuehneTo: Winokur, Thomas; Antonacci, PeterSubject: Press Release - Statement of Mayor Michael PizziDate: Thursday, August 14, 2014 11:36:43 PMAttachments: Press release.Revocation of Suspension.8-14-14.pdf

STATEMENT OF MAYOR PIZZI CALLING ON GOVERNOR SCOTT TO IMMEDIATELY REVOKE SUSPENSION ORDER OF MAYOR PIZZI August 14, 2014 FOR IMMEDIATE RELEASEContact Benedict P. Kuehne 305.789.5989 x 7 or [email protected] R. Shohat 305.679.5700 or [email protected] Today, after one year of false accusations and unsupported allegations against Miami Lakes Mayor Michael Pizzi, a federal court jury resoundingly declared Mayor Pizzi NOT GUILTY of all charges of official corruption. On behalf of the citizens, electors, and residents of Miami Lakes, we call on Governor Scott to immediately exercise his constitutional duty to "forthwith" revoke his Executive Order of Suspension 13-217 done within minutes of Mayor Pizzi’s arrest on August 6, 2014. The jury verdict and the judicial declaration by U.S. District Judge Marcia Cooke that Michael Pizzi was adjudged NOT GUILTY demands the same immediacy in revoking the suspension order. Governor Scott has a clear and present Constitutional Duty to immediately enter his Order of Revocation of the suspension, as commanded by Article IV, Section 7(c) of the Florida Constitution. Florida Law contains a clear, bright line rule in §112.51(6), Florida Statutes:

(6) If the municipal official is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment, or information by

reason of which he or she was suspended under the provisions of this section, then the Governor shall forthwith revoke the suspension and restore such municipal official to office; and the official shall be entitled to and be paid full back pay and such other emoluments or allowances to which he or she would have been entitled for the full period of time of the suspension. If, during the suspension, the term of office of the municipal official expires and a successor is either appointed or elected, such back pay, emoluments, or allowances shall only be paid for the duration of the term of office during which the municipal official was suspended under the provisions of this section, and he or she shall not be reinstated.

By this mandate, Governor Scott has a duty to “forthwith revoke the suspension” of Mayor Pizzi. Not tomorrow. Not next week. NOW. Governor Scott’s failure to do so immediately is an abdication of his constitutional responsibilities and an affront to the people's interest in a fair and impartial justice system. According to the Town Charter, Article II, Section 2.3(a), Mayor Pizzi was elected in 2012 to serve a 4-year term. The 2013 special election of a temporary Mayor was only to serve during the time of Mayor Pizzi’s suspension. Now that Mayor Pizzi has been acquitted, the Town’s citizens are entitled by law to see that their rightfully elected Mayor’s suspension is immediately revoked. The letter of the law is clear. Governor Scott has no other discretion. Edward R. ShohatBenedict P. KuehneRalf RodriguezMichael T. DavisDavid ReinerAnthony Gonzalez Benedict P. Kuehne Law Office of Benedict P. Kuehne, P.A.

100 S.E. 2d Street, Suite 3550 Miami, FL 33131-2154 305.789.5989 x7 Tel 305.789.5987 Fax [email protected] [email protected] www.kuehnelaw.com

STATEMENT OF MAYOR PIZZI CALLING ON GOVERNOR SCOTT TOIMMEDIATELY REVOKE SUSPENSION ORDER OF MAYOR PIZZI

August 14, 2014

FOR IMMEDIATE RELEASEContact Benedict P. Kuehne 305.789.5989 x 7 or

[email protected] R. Shohat 305.679.5700 or [email protected]

Today, after one year of false accusations and unsupported allegationsagainst Miami Lakes Mayor Michael Pizzi, a federal court jury resoundinglydeclared Mayor Pizzi NOT GUILTY of all charges of official corruption.

On behalf of the citizens, electors, and residents of Miami Lakes, we call onGovernor Scott to immediately exercise his constitutional duty to "forthwith"revoke his Executive Order of Suspension 13-217 done within minutes ofMayor Pizzi’s arrest on August 6, 2014. The jury verdict and the judicialdeclaration by U.S. District Judge Marcia Cooke that Michael Pizzi wasadjudged NOT GUILTY demands the same immediacy in revoking thesuspension order.

Governor Scott has a clear and present Constitutional Duty to immediatelyenter his Order of Revocation of the suspension, as commanded by Article IV,Section 7(c) of the Florida Constitution. Florida Law contains a clear, brightline rule in §112.51(6), Florida Statutes:

(6) If the municipal official is acquitted or found not guilty oris otherwise cleared of the charges which were the basis ofthe arrest, indictment, or information by reason of which heor she was suspended under the provisions of this section,then the Governor shall forthwith revoke the suspension andrestore such municipal official to office; and the official shall beentitled to and be paid full back pay and such other emolumentsor allowances to which he or she would have been entitled for thefull period of time of the suspension. If, during the suspension, theterm of office of the municipal official expires and a successor iseither appointed or elected, such back pay, emoluments, orallowances shall only be paid for the duration of the term of office

during which the municipal official was suspended under theprovisions of this section, and he or she shall not be reinstated.

By this mandate, Governor Scott has a duty to “forthwith revoke thesuspension” of Mayor Pizzi. Not tomorrow. Not next week. NOW. GovernorScott’s failure to do so immediately is an abdication of his constitutionalresponsibilities and an affront to the people's interest in a fair and impartialjustice system.

According to the Town Charter, Article II, Section 2.3(a), Mayor Pizzi waselected in 2012 to serve a 4-year term. The 2013 special election of atemporary Mayor was only to serve during the time of Mayor Pizzi’ssuspension. Now that Mayor Pizzi has been acquitted, the Town’s citizens areentitled by law to see that their rightfully elected Mayor’s suspension isimmediately revoked. The letter of the law is clear. Governor Scott has noother discretion.

Edward R. ShohatBenedict P. KuehneRalf RodriguezMichael T. DavisDavid ReinerAnthony Gonzalez

From: Antonacci, PeterTo: "Raul Gastesi"Cc: Winokur, ThomasBcc: Gibson, BenSubject: RE:Date: Thursday, August 28, 2014 1:41:36 PM

Its important for Akerman to make the same showing today…..

From: Raul Gastesi [mailto:[email protected]] Sent: Thursday, August 28, 2014 1:41 PMTo: Antonacci, Peter; J C. Planas; elizabeth hernandez; Haydee SeraSubject: Re:AllJC Planas is filing right now the Notice of Intent to file Motion for Amicus.Raul

On Thu, Aug 28, 2014 at 1:20 PM, Antonacci, Peter <[email protected]> wrote:

--RAUL GASTESI, JR., ESQ.GASTESI & ASSOCIATES, P.A.8105 N.W. 155 STREETMIAMI LAKES, FL 33016TEL: 305-818-9993FAX: 305-818-9997Email: [email protected] message and attachment(s) are intended solely for the use of the addressee and may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law. If you are not the intended recipient or agent thereof responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by telephone and with a "reply" message. Thank you for your cooperation.

From: Benedict P. KuehneTo: J C. Planas; Antonacci, PeterCc: "[email protected]"; "[email protected]"; "[email protected]"; [email protected];

[email protected]; [email protected]; [email protected]; Peter Webster ([email protected]); Peter Webster ([email protected])

Subject: RE: Extension of TimeDate: Monday, September 08, 2014 3:34:17 PMAttachments: image001.png

Mr. Planas, Mayor Pizzi objects to the Town’s late and untimely filing of an amicus submission and an extension motion. Benedict P. Kuehne Law Office of Benedict P. Kuehne, P.A. 100 S.E. 2d Street, Suite 3550 Miami, FL 33131-2154 305.789.5989 x7 Tel 305.789.5987 Fax [email protected] [email protected] www.kuehnelaw.com

From: J C. Planas [mailto:[email protected]] Sent: Monday, September 08, 2014 1:38 PMTo: Benedict P. Kuehne; '[email protected]'Cc: '[email protected]'; '[email protected]'; '[email protected]'; [email protected]; [email protected]; [email protected]; [email protected]: Extension of TimeImportance: High Ben and Peter: We have just checked the SC website and have learned that our Motion for Leave to file an amicus was granted. The Court has given us the standard time per rule, however, that would have meant that brief was due last Friday. Accordingly, we are filing a Motion for Extension of Time to file the Brief by this Friday, September

12th. The Court has not yet ruled on the Motion to Expedite so we expect them to grant our Motion for extension. Please let me know if you agree or oppose so we may reflect it in our Motion.

Juan-Carlos “J.C.” Planas

Harbour Center18851 N.E. 29th Avenue

Suite 303Aventura, FL 33180-2808

Cell: 850-980-6542Phone: (305) 929-8500

The information contained in this message is privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, any dissemination or reproduction of it is strictly prohibited. If you have received this communication in error, please contact us immediately. Thank you.

From: Benedict P. KuehneTo: Winokur, ThomasCc: Antonacci, PeterSubject: RE: Michael Pizzi - Revocation of SuspensionDate: Thursday, August 14, 2014 8:00:19 PM

Bo, any decision. It will be a true injustice if the Governor delays exercising his constitutional mandate to act “forthwith.” A revocation order tonight is not only right, but it is consistent with the people’s interest in a fair and impartial justice system. Benedict P. Kuehne Law Office of Benedict P. Kuehne, P.A. 100 S.E. 2d Street, Suite 3550 Miami, FL 33131-2154 305.789.5989 x7 Tel 305.789.5987 Fax [email protected] [email protected] www.kuehnelaw.com

From: Benedict P. Kuehne Sent: Thursday, August 14, 2014 6:05 PMTo: Thomas "Bo" Winokur ([email protected])Cc: [email protected]: Michael Pizzi - Revocation of Suspension Bo – Please contact Town Attorney Raul Gastesi -- [email protected] – 305.801.1292 Please consider our request for a “revocation” of the suspension as commanded by the Florida Constitution and 112.51(6). I am NOT seeking an immediate restoration to office. I understand you can confirm that process with the Town. But I believe it is in the interest of the orderly administration of the affairs of the State of Florida for the Governor to act immediately to revoke EO 13-217. The law says the “Governor shall forthwith revoke the suspension …” Forthwith is today, not tomorrow. This is binding Florida law (emphasis added): (6) If the municipal official is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment, or information by reason of which he or she was suspended under the provisions of this section, then the Governor shall forthwith revoke the suspension and restore such municipal official to office; and the official shall be entitled to and be paid full back pay and such other emoluments or allowances to which he or she would have been entitled for the full period of time of the suspension. If, during the suspension, the term of office of the municipal official expires and a successor is either appointed or elected, such back pay, emoluments, or allowances shall only

be paid for the duration of the term of office during which the municipal official was suspended under the provisions of this section, and he or she shall not be reinstated.

§ 112.51, Fla. Stat. Ann. Please let me know whether you need any other information to counsel the Governor on this most Benedict P. Kuehne Law Office of Benedict P. Kuehne, P.A. 100 S.E. 2d Street, Suite 3550 Miami, FL 33131-2154 305.789.5989 x7 Tel 305.789.5987 Fax [email protected] [email protected] www.kuehnelaw.com

From: Benedict P. KuehneTo: Winokur, ThomasSubject: RE: Michael PizziDate: Friday, August 15, 2014 3:02:14 PM

Received. Please call me to discuss. There seems to be some confusion about the limited nature of my request. Benedict P. Kuehne Law Office of Benedict P. Kuehne, P.A. 100 S.E. 2d Street, Suite 3550 Miami, FL 33131-2154 305.789.5989 x7 Tel 305.789.5987 Fax [email protected] [email protected] www.kuehnelaw.com

From: Winokur, Thomas [mailto:[email protected]] Sent: Friday, August 15, 2014 2:56 PMTo: Benedict P. KuehneSubject: Michael Pizzi Mr. Kuehne, please see the attached letter from Peter Antonacci regarding Michael Pizzi. Best regards,Bo Winokur Thomas D. WinokurAssistant General CounselExecutive Office of the Governor The Capitol, Suite 209 Tallahassee, Florida 32399 Phone: 850-717-9310Fax: 850-488-9810

From: Scott Open GovernmentTo: [email protected]: Hazleton, Bonnie; Sams, SavannahSubject: RE: [Spam:***** SpamScore] Request a Public RecordDate: Monday, September 08, 2014 2:41:09 PM

Dear Mr. Kuehne;

The Governor’s Office of Open Government is in receipt of your request for records as stated in your email below. A search for responsive records will be initiated and someone from this office will be back in touch with you soon. If the search produces a volume of records which indicates that there will be a fee associated with your request, you will be provided with a fee estimate for your review. Thank you for contacting the Executive Office of the Governor.

Sincerely,Cody FarrillOffice of Open GovernmentExecutive Office of Governor Rick ScottPL-04 The CapitolTallahassee, FL 32399850-717-9248

Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure. Under Florida law email addresses are public records.Learn more about how Governor Rick Scott is creating an environment where private-sector jobs can grow and Florida’s schools prepare students for college and careers. Sign up to receive Governor Scott’s e-mail updates at www.FLGov.com/newsletter.@ItsWorkingFL

-----Original Message-----From: [email protected] [mailto:ben [email protected]]Sent: Monday, September 08, 2014 11:24 AMTo: Scott Open GovernmentSubject: [Spam:***** SpamScore] Request a Public Record

FIRST_NAME: Benedict

LAST_NAME: Kuehne

STREET_ADDRESS: 100 SE 2d Street, Suite 3550

STREET_ADDRESS_2:

CITY: Miami

STATE: FL

ZIP: 33131

PHONE_NUMBER: 305-789-5989

EMAIL_ADDRESS: [email protected]

ORGANIZATION: Law Office of Benedict P Kuehne, PA

EMAIL_SEARCH:

DATE_RANGE: Unlimited

REQUESTED_DOCUMENTS: All Records of Executive Orders of Suspension, Revocation, and Removal from Public Office Pursuant to Florida’s Public Records Act, Chapter 119, Florida Statutes, I am requesting production (in electronic format if available) of the following information:

1. All Executive Orders of Suspension of public officials (not limited to municipal or County office holders) based on allegations of criminal conduct, whether by arrest, charging document, or otherwise, for the entire time period that records of the Office of the Governor are maintained. 2. All Executive Orders of Revocation of Suspension of public officials (not limited to municipal or County office holders) based on the individual’s acquittal, or finding of not guilty, or otherwise being cleared of the charges forming the basis for the suspension, for the entire time period that records of the Office of the Governor are maintained. 3. All Executive Orders of Removal of public officials based on the individual’s conviction of or plea to any of the charges forming the basis for the suspension, for the entire time period that records of the Office of the Governor are maintained.

REQUESTED_EMAILS: peter.antonacci@eog myflorida.com,[email protected]

SEARCH_TERMS: Executive Order of Suspension, Executive Order of Revocation of Suspension, Executive Order of Removal

LITIGATION: Yes

IP: 199.250.30.42PAGE: http://www flgov.com/request-a-public-record-2/REFERER: http://www.flgov.com/request-a-public-record-2/

From: Sams, SavannahTo: [email protected]: Hazleton, Bonnie; Farrill, CodySubject: RE: [Spam:***** SpamScore] Request a Public RecordDate: Tuesday, September 16, 2014 3:23:05 PM

Dear Mr. Kuehne,

The Governor’s Office does not categorize Executive Orders by specific title or topic. However, Executive Orders are accessible online from years 1998 to 2014, at the links provided below. Executive Orders from years 1971 to 1997 are available by request in the Department of State Archives at (850) 245-6719. Please let us know if we can be of further assistance to you. Thank you for contacting the Executive Office of the Governor.

Governor's Office:http://www.flgov.com/all-executive-orders(Executive Orders from 2011-2014, including brief descriptions)

Department of State - Division of Library - State Archives:http://edocs.dlis.state.fl.us/fldocs/governor/orders(Executive Orders from 1998-2014, PDF links only)

Sincerely,

Savannah SamsOffice of Open GovernmentExecutive Office of Governor Rick ScottPL-04 The CapitolTallahassee, FL 32399(850) 717-9245

Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure. Under Florida law email addresses are public records.

Learn more about how Governor Rick Scott is creating an environment where private-sector jobs can grow and Florida’s schools prepare students for college and careers. Sign up to receive Governor Scott’s e-mail updates at www.FLGov.com/newsletter.

-----Original Message-----From: Scott Open GovernmentSent: Monday, September 08, 2014 2:41 PMTo: 'ben [email protected]'Cc: Hazleton, Bonnie; Sams, SavannahSubject: RE: [Spam:***** SpamScore] Request a Public Record

Dear Mr. Kuehne;

The Governor’s Office of Open Government is in receipt of your request for records as stated in your email below. A search for responsive records will be initiated and someone from this office will be back in touch with you soon. If the search produces a volume of records which indicates that there will be a fee associated with your request, you will be provided with a fee estimate for your review. Thank you for contacting the Executive Office of the Governor.

Sincerely,

Cody Farrill

Office of Open GovernmentExecutive Office of Governor Rick ScottPL-04 The CapitolTallahassee, FL 32399850-717-9248

Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure. Under Florida law email addresses are public records.

Learn more about how Governor Rick Scott is creating an environment where private-sector jobs can grow and Florida’s schools prepare students for college and careers. Sign up to receive Governor Scott’s e-mail updates at www.FLGov.com/newsletter.

-----Original Message-----From: [email protected] [mailto:ben [email protected]]Sent: Monday, September 08, 2014 11:24 AMTo: Scott Open GovernmentSubject: [Spam:***** SpamScore] Request a Public Record

FIRST_NAME: Benedict

LAST_NAME: Kuehne

STREET_ADDRESS: 100 SE 2d Street, Suite 3550

STREET_ADDRESS_2:

CITY: Miami

STATE: FL

ZIP: 33131

PHONE_NUMBER: 305-789-5989

EMAIL_ADDRESS: [email protected]

ORGANIZATION: Law Office of Benedict P Kuehne, PA

EMAIL_SEARCH:

DATE_RANGE: Unlimited

REQUESTED_DOCUMENTS: All Records of Executive Orders of Suspension, Revocation, and Removal from Public Office Pursuant to Florida’s Public Records Act, Chapter 119, Florida Statutes, I am requesting production (in electronic format if available) of the following information:

1. All Executive Orders of Suspension of public officials (not limited to municipal or County office holders) based on allegations of criminal conduct, whether by arrest, charging document, or otherwise, for the entire time period that records of the Office of the Governor are maintained. 2. All Executive Orders of Revocation of Suspension of public officials (not limited to municipal or County office holders) based on the individual’s acquittal, or finding of not guilty, or otherwise being cleared of the charges forming the basis for the suspension, for the entire time period that records of the Office of the Governor are maintained. 3. All Executive Orders of Removal of public officials based on the individual’s conviction of or plea to any

of the charges forming the basis for the suspension, for the entire time period that records of the Office of the Governor are maintained.

REQUESTED_EMAILS: peter.antonacci@eog myflorida.com,[email protected]

SEARCH_TERMS: Executive Order of Suspension, Executive Order of Revocation of Suspension, Executive Order of Removal

LITIGATION: Yes

IP: 199.250.30.42PAGE: http://www flgov.com/request-a-public-record-2/REFERER: http://www.flgov.com/request-a-public-record-2/

From: Raul GastesiTo: Winokur, ThomasSubject: Re: Draft of Governor"s response to FSC request to show causeDate: Tuesday, October 14, 2014 1:27:53 PM

Please call me 305 801 1292

Raul

On Oct 10, 2014 10:45 AM, "Winokur, Thomas" <[email protected]> wrote:

The subject draft is attached for your information.

-Bo Winokur

Thomas D. Winokur

Assistant General Counsel

Executive Office of the Governor The Capitol, Suite 209 Tallahassee, Florida 32399 Phone: 850-717-9310Fax: 850-488-9810

From: Winokur, ThomasTo: Benedict P. KuehneSubject: Re: Michael PizziDate: Friday, August 15, 2014 3:53:49 PM

Will call as soon as I get a chance.

On Aug 15, 2014, at 3:02 PM, "Benedict P. Kuehne" <[email protected]> wrote:

Received. Please call me to discuss. There seems to be some confusion about the limited nature of my request. Benedict P. Kuehne Law Office of Benedict P. Kuehne, P.A. 100 S.E. 2d Street, Suite 3550 Miami, FL 33131-2154 305.789.5989 x7 Tel 305.789.5987 Fax [email protected] [email protected] www.kuehnelaw.com

From: Winokur, Thomas [mailto:[email protected]] Sent: Friday, August 15, 2014 2:56 PMTo: Benedict P. KuehneSubject: Michael Pizzi Mr. Kuehne, please see the attached letter from Peter Antonacci regarding Michael Pizzi. Best regards,Bo Winokur Thomas D. WinokurAssistant General CounselExecutive Office of the Governor The Capitol, Suite 209 Tallahassee, Florida 32399 Phone: 850-717-9310Fax: 850-488-9810

From: Antonacci, PeterTo: Raul GastesiCc: Winokur, ThomasSubject: Re: SC14-1634 / Michael A. Pizzi, Jr. v. Rick Scott, GovernorDate: Friday, August 22, 2014 4:37:19 PM

OK

Sent from my iPhone

On Aug 22, 2014, at 4:05 PM, "Raul Gastesi" <[email protected]> wrote:

20 minutes ok?

On Aug 22, 2014 3:40 PM, "Antonacci, Peter" <[email protected]> wrote:

Please call me

Peter Antonacci

General Counsel




Phone: (850) 717-9321

@ItsWorkingFL

<image001.png>

From: Antonacci, Peter Sent: Friday, August 22, 2014 3:32 PMTo: 'John A. Tomasino'Subject: RE: SC14-1634 / Michael A. Pizzi, Jr. v. Rick Scott, Governor

The Petition was e-mailed to the office yesterday. Options in response are under review with an internal Monday deadline for a decision. Will update you then.

Thanks

From: John A. Tomasino [mailto:[email protected]] Sent: Friday, August 22, 2014 1:37 PMTo: Antonacci, PeterSubject: SC14-1634 / Michael A. Pizzi, Jr. v. Rick Scott, Governor

Pete, I wanted to make sure your office was aware of the above case (I’m sure you are, but just being 1000% safe) and I also wanted to check and see if your office has decided whether it will be filing a response. If you do know, great. If you don’t know yet, no worries at all.

Thanks,

John

From: Raul GastesiTo: Antonacci, PeterSubject: Re: See attachedDate: Monday, August 25, 2014 3:30:47 PMAttachments: image001.png

Please remember to call me. The Town Council is meeting Wednesday to discuss the matter. I really need to discuss the response before you submit it.

Raul

On Mon, Aug 25, 2014 at 12:56 PM, Antonacci, Peter <[email protected]> wrote:

Please call me

Peter Antonacci

General Counsel




Phone: (850) 717-9321

@ItsWorkingFL

-- RAUL GASTESI, JR., ESQ.

GASTESI & ASSOCIATES, P.A.8105 N.W. 155 STREETMIAMI LAKES, FL 33016TEL: 305-818-9993FAX: 305-818-9997Email: [email protected]


From: Antonacci, PeterTo: Rey, AlexCc: [email protected]: Re: Special Election InfoDate: Thursday, August 14, 2014 6:42:44 PM

Thanks

Sent from my iPhone

> On Aug 14, 2014, at 6:32 PM, "Rey, Alex" <[email protected]> wrote:>> As per your request…>>>> From: Tejeda, Marjorie> Sent: Thursday, August 14, 2014 6:24 PM> To: Rey, Alex> Subject: Special Election Info>>>>>>>> Marjorie Tejeda-Castillo, CMC>> Town Clerk>>>>>>>> Town of Miami Lakes>> 6601 Main Street. Suite 206>> Miami Lakes, FL 33014>> (305) 512-7135>> (305) 364-6100 Ext. 1200 >> [email protected]>> www miamilakes-fl.gov <http://www.miamilakes-fl.gov/>>>>> <https://www facebook.com/townofmiamilakes> <https://twitter.com/MiamiLakesNews> <http://www.miamilakes-fl.gov/>

>>>> NOTE: Florida Public Records Law provides that most written communications to or from Municipal employees regarding town business are public records, available to the public and media upon request. Therefore, this e-mail message may be subject to public disclosure.>>>> <image001.jpg>> <image002.png>> <image003.png>> <image004.jpg>> <Approved Master Ballot.pdf>> <RES 13-1125.pdf>

From: Antonacci, PeterTo: Rey, AlexCc: [email protected]: Re: Special Election InfoDate: Friday, August 15, 2014 7:49:27 AM

Please call me first thing on this line. Thanks

Sent from my iPhone

On Aug 15, 2014, at 7:46 AM, "Rey, Alex" <[email protected]> wrote:

Peter,

Can you please send us a copy of the statement your PIO released to the press?

Thanks,

Alex Rey

Sent from my iPad

> On Aug 14, 2014, at 6:43 PM, "Antonacci, Peter" <[email protected]> wrote:>> Thanks>> Sent from my iPhone>>> On Aug 14, 2014, at 6:32 PM, "Rey, Alex" <[email protected]> wrote:>>>> As per your request…>>>>>>>> From: Tejeda, Marjorie>> Sent: Thursday, August 14, 2014 6:24 PM>> To: Rey, Alex>> Subject: Special Election Info>>>>>>>>>>>>>>>> Marjorie Tejeda-Castillo, CMC>>>> Town Clerk>>>>>>>>>>>>>>

>> Town of Miami Lakes>>>> 6601 Main Street. Suite 206>>>> Miami Lakes, FL 33014>>>> (305) 512-7135>>>> (305) 364-6100 Ext. 1200 >>>> [email protected]>>>> www miamilakes-fl.gov <http://www miamilakes-fl.gov/>>>>>>>>> <https://www.facebook.com/townofmiamilakes> <https://twitter.com/MiamiLakesNews> <http://www.miamilakes-fl.gov/>>>>>>>>> NOTE: Florida Public Records Law provides that most written communications to or from Municipal employees regarding town business are public records, available to the public and media upon request. Therefore, this e-mail message may be subject to public disclosure.>>>>>>>> <image001.jpg>>> <image002.png>>> <image003.png>>> <image004.jpg>>> <Approved Master Ballot.pdf>>> <RES 13-1125.pdf>

From: Casanova, GenessaTo: De Cardenas, ClarisellSubject: Re: Veterans Memorial Unveiling and Dedication CeremonyDate: Wednesday, September 03, 2014 2:44:44 PM

Thanks girl.

Genessa CasanovaExecutive Office of the Governor305.240.3714

On Sep 3, 2014, at 2:10 PM, "De Cardenas, Clarisell" <[email protected]> wrote:

Hi G! FYI

From: De Cardenas, Clarisell Sent: Wednesday, August 27, 2014 5:11 PMTo: De Cardenas, ClarisellSubject: Veterans Memorial Unveiling and Dedication Ceremony <image001.jpg> Clarisell De CardenasSpecial Events & Committees Coordinator <image002.jpg>

Town of Miami Lakes6601 Main StreetMiami Lakes, FL 33014(305) [email protected]

<image003.gif> <image004.gif> <image005.gif>

From: Raul GastesiTo: Antonacci, Peter; J C. Planas; elizabeth hernandez; Haydee SeraSubject: Re:Date: Thursday, August 28, 2014 1:40:41 PM

All

JC Planas is filing right now the Notice of Intent to file Motion for Amicus.

Raul




From: Raul GastesiTo: Antonacci, Peter; elizabeth hernandezCc: Winokur, ThomasSubject: Re:Date: Thursday, August 28, 2014 1:44:55 PM

JC Planas

Make sure you include Akermann as Counsel as well. Alex has signed the retainer and is scanning and emailing to me. As soon as I receive I will send it to Elizabeth.

Raul


Its important for Akerman to make the same showing today…..

From: Raul Gastesi [mailto:[email protected]] Sent: Thursday, August 28, 2014 1:41 PMTo: Antonacci, Peter; J C. Planas; elizabeth hernandez; Haydee SeraSubject: Re:

All

JC Planas is filing right now the Notice of Intent to file Motion for Amicus.

Raul


--

RAUL GASTESI, JR., ESQ.

GASTESI & ASSOCIATES, P.A.

8105 N.W. 155 STREET

MIAMI LAKES, FL 33016

TEL: 305-818-9993

FAX: 305-818-9997

Email: [email protected]




From: Winokur ThomasTo: "[email protected]"Subject: Response to Petition for Writ of Mandamus, Pizzi v. Scott, SC2014-1634Date: Tuesday, August 26, 2014 5:09:03 PMAttachments: Original Appendix.pdf

Other Briefs Not Listed.pdf

Mr. Gastesi, please see attached the Governor’s response to the petition for writ of mandamus in the Pizzi case. The Governor’s response to the motion to expedite will follow. Please contact me if you have any questions. -Bo Winokur Thomas D. WinokurAssistant General CounselExecutive Office of the Governor The Capitol, Suite 209 Tallahassee, Florida 32399 Phone: 850-717-9310Fax: 850-488-9810

From: [email protected] [mailto:[email protected]] Sent: Tuesday, August 26, 2014 5:01 PMSubject: SERVICE OF COURT DOCUMENT - CASE NUMBER SC2014-1634



Name Email Address


[email protected]

[email protected]


[email protected]

[email protected]


[email protected]


[email protected]

[email protected]


[email protected]

[email protected]


[email protected]



Name Email Address


[email protected]

[email protected]

Filing Information

Filing #: 17549911

Filing Time: 08/26/2014 05:00:53 PM ET



Case #: SC2014-1634



Documents

Title File

Original Appendix APPENDIX TO RESPONSE TO PETITION FOR WRIT OF MANDAMUS.pdf

Other Briefs Not Listed RESPONSE TO PETITION FOR WRIT OF MANDAMUS.pdf




1



Petitioner,



of Florida,

Respondent.

_________________________________/

RESPONSE TO PETITION FOR WRIT OF MANDAMUS

Governor Rick Scott (“the Governor”), responds to the Petition for Writ of

Mandamus as follows:

Petitioner, then the Mayor of the Town of Miami Lakes, was arrested on felony

charges and suspended from office by Executive Order. The Miami Lakes Town Council

then scheduled a special election for Mayor, which was won by Wayne Slaton, who

assumed office on October 8, 2013. Petitioner was acquitted of the charges on August

14, 2014. Petitioner’s counsel then requested the Governor to “REINSTATE Petitioner

to office as Mayor of Miami Lakes IMMEDIATELY” (App. 1). The Governor did not

reinstate Petitioner upon consultation with Town officials who had concluded that the

Miami Lakes Town Charter did not provide for reinstatement in these circumstances.

In support of his request for reinstatement, Petitioner notes that section 112.51(6),

Florida Statutes, requires the Governor, upon acquittal of a suspended municipal official,

to “forthwith revoke the suspension and restore such municipal official to office.”

Petitioner, however, ignores the last sentence of this subsection, which reads:


2

If, during the suspension, the term of office of the

municipal official expires and a successor is either

appointed or elected, such back pay, emoluments, or

allowances shall only be paid for the duration of the term of

office during which the municipal official was suspended

under the provisions of this section, and he or she shall not

be reinstated. (e.s.)

Section 112.051(6) is clear that if Petitioner’s term as Mayor expired and a

successor was elected by the voters of Miami Lakes during the period of the suspension,

he may not be reinstated. Whether Mayor Slaton’s election was temporary and did not

end Petitioner’s term (thus requiring reinstatement), or was permanent and ended

Petitioner’s term (thus prohibiting reinstatement) is controlled by the Town Charter.

After reviewing the Charter, and in consultation with the Miami Lakes town

counsel, it was determined that Mayor Slaton was elected to serve out the term of office

as Petitioner’s replacement. Therefore, Petitioner’s term ended when Mayor Slaton was

elected and assumed office.

Because this matter involves an interpretation of the Charter, it is a local issue and

the Governor has no further role. To the extent that the Town of Miami Lakes and its

Mayor defend the proposition that, pursuant to the Charter, Petitioner’s term ended upon

the election of Mayor Slaton, those parties may intervene to advocate that position. The

Governor will ultimately follow the Court’s, or more appropriately, a circuit court’s,

interpretation of the Charter in this local matter.

While this Petition is more appropriate for consideration by a circuit court, the

Governor will be guided by this Court’s decision on this local matter.

3



Thomas D. Winokur





Tel: (850) 717-9310

[email protected]


I certify this response was served by electronic filing on August 26, 2014, to:

Edward R. Shohat

Jones Walker


Miami, FL 33131

[email protected]

[email protected]

Ralf R. Rodriguez



Miami, FL 33131

[email protected]

David P. Reiner, II


9100 So. Dadeland Blvd., Suite 901

Miami, FL 33156-7815

[email protected]

Benedict P. Kuehne

Michael T. Davis

Law Office of Benedict P. Kuehne, P.A.

100 S.E. 2nd St., Suite 3550

Miami, FL 33131-2154

[email protected]

[email protected]

Mark Herron




[email protected]


Thomas D. Winokur

CERTIFICATE OF COMPLIANCE

I certify this petition complies with the font requirements of Rule 9.100(l) of the

Florida Rules of Appellate Procedure.


Thomas D. Winokur

From: Winokur ThomasTo: "[email protected]"Subject: Response to motion to expedite, Pizzi v. Scott, SC2014-1634Date: Tuesday, August 26, 2014 5:10:19 PMAttachments: Other Documents Not Listed.pdf

As discussed. -Bo Winokur Thomas D. WinokurAssistant General CounselExecutive Office of the Governor The Capitol, Suite 209 Tallahassee, Florida 32399 Phone: 850-717-9310Fax: 850-488-9810

From: [email protected] [mailto:[email protected]] Sent: Tuesday, August 26, 2014 5:01 PMSubject: SERVICE OF COURT DOCUMENT - CASE NUMBER SC2014-1634



Name Email Address


[email protected]

[email protected]


[email protected]

[email protected]


[email protected]


[email protected]

[email protected]


[email protected]

[email protected]


[email protected]



Name Email Address


[email protected]

[email protected]

Filing Information

Filing #: 17549955

Filing Time: 08/26/2014 05:01:14 PM ET



Case #: SC2014-1634



Documents

Title File

Other Documents Not Listed RESPONSE TO MOTION TO EXPEDITE.pdf




1



Petitioner,



of Florida,

Respondent.

_________________________________/

RESPONSE TO PETITIONER’S MOTION TO EXPEDITE CONSIDERATION

OF PETITION FOR WRIT OF MANDAMUS

Governor Rick Scott responds to the Petitioner’s Motion To Expedite

Consideration Of Petition For Writ Of Mandamus as follows:

With respect to the merits, because the issues in the Petition do not involve

fundamental questions of law or have widespread applicability, and because

consideration of the Petition may involve fact-finding, this Petition is more appropriately

considered by a Circuit Court. Otherwise, the Governor does not object to expedited

consideration of the Petition.


_/s/ Thomas D. Winokur

Thomas D. Winokur





Tel: (850) 717-9310

[email protected]


2


I certify this response was served by electronic filing on August 26, 2014, to:

Edward R. Shohat

Jones Walker


Miami, FL 33131

[email protected]

[email protected]

Ralf R. Rodriguez



Miami, FL 33131

[email protected]

David P. Reiner, II


9100 So. Dadeland Blvd., Suite 901

Miami, FL 33156-7815

[email protected]

Benedict P. Kuehne

Michael T. Davis

Law Office of Benedict P. Kuehne, P.A.

100 S.E. 2nd St., Suite 3550

Miami, FL 33131-2154

[email protected]

[email protected]

Mark Herron




[email protected]


Thomas D. Winokur

From: [email protected]: Antonacci, Peter; Winokur, Thomas; [email protected]; [email protected]; [email protected];

[email protected]; [email protected]; [email protected]; [email protected]; [email protected]

Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]

Subject: SERVICE OF COURT DOCUMENT - Case No. SC14-1634Date: Wednesday, September 10, 2014 3:50:16 PMAttachments: Motion to Deem Amicus Curiae Brief as Timely Filed.PDF

Amicus Curiae Brief.PDF

Court : Supreme Court of Florida Case Number : SC14-1634 Case Style : Michael A. Pizzi, Jr., Individually vs. The Honorable Rick Scott, Governor of

the State of Florida Document Served : Motion to Deem Amicus Brief as Timely Filed and Amicus Brief Sender : Katherine E. Giddings - Telephone: (850) 224-9634

CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly proh bited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

{29546931;1}


MICHAEL A. PIZZI, JR.,individually,

Petitioner,

vs.

RICK SCOTT, Governor of theState of Florida,

Respondent.____________________________/

CASE NO.: SC14-1634

MOTION TO DEEM AMICUS CURIAE BRIEF AS TIMELY FILED

The Town of Miami Lakes, Florida, a municipal corporation ("Miami

Lakes") moves this Court to deem the amicus curiae brief filed simultaneously

with this motion as timely filed. On Friday September 5, 2014, this Court granted

Miami Lakes leave to file an amicus brief pursuant to Florida Rule of Appellate

Procedure 9.370(c)—which, by virtue of the time periods provided therein,

required Miami Lakes to file the brief at the same time the Order was entered. By

the time Miami Lakes learned of the order on Monday September 8, 2014, the time

for filing the brief had passed. Miami Lakes sought clarification of the due date

and asked that it be given until Friday, September 12, 2014 to file the brief. This

Court entered an order on today's date denying that relief. Accordingly, Miami

MIAMI LAKES’ MOTION TO DEEM AMICUS CURIAE BRIEF AS TIMELY FILEDCase No.: SC14-1634

{29546931;1} -2-

Lakes has filed its amicus curiae brief simultaneously with the filing of this

motion and asks that it be deemed timely filed.

WHEREFORE, the Miami Lakes respectfully requests this Court to deem its

amicus curiae brief as timely filed on today's date.

Respectfully submitted this 10th day of September, 2014,

s/ Raul Gastesi, Jr.RAUL GASTESI, JR.Florida Bar No. 825778HAYDEE SERAFlorida Bar No. 70600GASTESI & ASSOCIATES, P.A.8105 NW 155th StreetMiami Lakes, Florida 33016Telephone: [email protected]@gastesi.com

s/ Juan-Carlos PlanasJUAN-CARLOS PLANASFlorida Bar No. 156167KURKIN BRANDES LLP18851 NE 29th Avenue, Suite 303Aventura, Florida 33180Telephone: [email protected]@[email protected]

s/ Gerald CopeGERALD B. COPE, JR.Florida Bar No. 251364KATHERINE E. GIDDINGSFlorida Bar No. 949396ELIZABETH M. HERNANDEZFlorida Bar No. 378186AKERMAN, LLP1 SE 3rd Avenue, 25th FloorMiami, Florida 33131Telephone: [email protected]@[email protected]


{29546931;1} -3-


The undersigned Counsel certifies that this motion was served by electronicfiling on September 10, 2014, to the service list below:

s/ Raul Gastesi, Jr.RAUL GASTESI, JR.Florida Bar No. 825778HAYDEE SERAFlorida Bar No. 70600

s/ Juan-Carlos PlanasJUAN-CARLOS PLANASFlorida Bar No. 156167

s/ Gerald CopeGERALD B. COPE, JR.Florida Bar No. 251364KATHERINE E. GIDDINGSFlorida Bar No. 949396ELIZABETH M. HERNANDEZFlorida Bar No. 378186

SERVICE LIST

PETER ANTONACCIGeneral CounselExecutive Office of the GovernorThe CapitolTallahassee, FL [email protected]

THOMAS D. WINOKURFlorida Bar No. 906336Executive Office of the Governor400 South Monroe Street, Suite 209Tallahassee, Florida 32399Tel: (850) [email protected]

EDWARD R. SHOHATJONES WALKER201 S Biscayne Blvd., Suite 2600Miami, FL 33131Tel: [email protected]@joneswalker.com

RALF R. RODRIGUEZPECKAR & ABRAMSON, P.C.1 S.E. Third Avenue, Suite 3100Miami, FL 33131Tel: [email protected]


{29546931;1} -4-

DAVID P. REINER, IIREINER & REINER, P.A.9100 So. Dadeland Blvd., Suite 901Miami, FL 33156-7815Tel: [email protected]

BENEDICT P. KUEHNEMICHAEL T. DAVISLAW OFFICE OF BENEDICT P.KUEHNE, P.A.100 S.E. 2nd St., Suite 3550Miami, FL 33131-2154Tel: 305.789.5989Fax: [email protected]@kuehnelaw.com

MARK HERRONMESSER CAPARELLO & SELF,P.A.2618 Centennial PlaceTallahassee, FL 32308-0572Tel: [email protected]

PETER D. WEBSTERCARLTON FIELDS215 S. Monroe St., Ste. 500Tallahassee, Florida 32301-1866Tel: [email protected]

{29546831;1}


CASE NO. : SC14-1634

MICHAEL A. PIZZI, JR.,Individually,

Petitioner,

-vs.-

THE HONORABLE RICK SCOTT,Governor of the State of Florida,

Respondent.

_________________________________________________________________

AMICUS CURIAE BRIEF OF THE TOWN OF MIAMI LAKESIn support of the Position of the Respondent, Governor Rick Scott

_________________________________________________________________

PETITION FOR WRIT OF MANDAMUS

RAUL GASTESI, JR.Florida Bar No. 825778HAYDEE SERAFlorida Bar No. 70600Gastesi & Associates, P.A.8105 NW 155th StreetMiami Lakes, FL 33016Telephone: [email protected]@gastesi.com

JUAN-CARLOS PLANASFlorida Bar No. 156167Kurkin Brandes LLP18851 NE 29th Avenue,Suite 303Aventura, FL 33180Telephone: [email protected]@kb-attorneys.com

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GERALD B. COPE, JR.Florida Bar No. 251364KATHERINE E. GIDDINGSFlorida Bar No. 949396ELIZABETH HERNANDEZFlorida Bar No. 378186Akerman, LLP1 SE 3rd Avenue, 25th FloorMiami, FL 33131Telephone: [email protected]@[email protected]

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TABLE OF CONTENTSPage

TABLE OF AUTHORITIES .................................................................................... ii

IDENTITY OF AMICUS CURIAE AND ITS INTEREST IN THE CASE..............1

ARGUMENT .............................................................................................................2

PIZZI’S SUSPENSION IS MOOT BECAUSEMIAMI LAKES HAS ELECTED A NEW MAYORPURSUANT TO THE CITY CHARTER.........................................2

CONCLUSION..........................................................................................................8

CERTIFICATE OF SERVICE ............................................................................9, 10

CERTIFICATE OF FONT COMPLIANCE .......................................................... 11

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TABLE OF AUTHORITIES

Cases Page

Amente v. Newman, 653 So. 2d 1030 (Fla. 1995)......................................................6

Belcher Oil Co. v. Dade County, 271 So. 2d 118 (Fla. 1972) ...................................6

Diamond Aircraft Industries, Inc. v. Horowitch, 107 So. 3d 362 (Fla. 2013)...........4

Fagan v. Robbins, 96 Fla. 91, 117 So. 863 (Fla. 1928).............................................6

Florida League of Cities v. Smith, 607 So. 2d 397 (Fla. 1992).................................2

Forsythe v. Longboat Key Beach Erosion Control Dist.,

604 So. 2d 452 (Fla. 1992) ..............................................................................4

Great Outdoors Trading, Inc. v. City of High Springs,

550 So. 2d 483 (Fla. 1st DCA 1989) ...............................................................4

Palm Beach County Canvassing Bd. v. Harris, 772 So. 2d 1273 (Fla. 2000)...........6

School Board of Palm Beach County v. Survivors Charter Schools, Inc.,

3 So. 3d 1220 (Fla. 2009) ................................................................................5

Simmons v. State, 160 Fla. 626, 36 So. 2d 207 (1948) ..............................................6

Stock Building Supply of Florida, Inc. v. Soares Da Costa Construction

Services, LLC., 76 So. 3d 313 (Fla. 3d DCA 2011) ........................................4

Tappy v. State ex rel. Byington, 82 So. 2d 161 (Fla. 1955) .......................................5

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Florida Statutes

§ 112.51, FLA. STAT. ..............................................................................................3, 7

§ 112.51(6), FLA. STAT. ....................................................................................passim

§ 166.021(4), FLA. STAT. ...........................................................................................5

Rules and Regulations

Rule 9.210(a)(2), FLA. R. APP. P..............................................................................11

Other

Towns of Miami Lakes Charter § 2.5(c)(iv)..............................................................4

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IDENTITY OF AMICUS CURIAE AND ITS INTEREST IN THE CASE

Amicus Curiae, the Town of Miami Lakes, Florida ("Miami Lakes"), is a

municipal corporation. On August 6, 2013, the Petitioner, Michael A. Pizzi, Jr.

("Pizzi"), was suspended from his position as Miami Lakes' Mayor by Florida

Governor Rick Scott. On August 13, 2013, pursuant to the Town Charter, the

Town Council of Miami Lakes passed Resolution 13-1125, calling for a special

election to complete Pizzi's term on October 1, 2013. On that day, the residents of

Miami Lakes elected Mayor Wayne Slaton to serve out the remainder of Pizzi's

term as Town Mayor.

The petition at issue seeks a writ of mandamus from this Court directing the

Governor to vacate a suspension from a position that has already been permanently

filled in accordance with the Town Charter. Miami Lakes has a right and duty to

uphold its Charter. Thus, it has a bona fide interest in this case, which directly

implicates the integrity of its Charter. This amicus curiae brief supports the

Governor's position that the election of a new mayor has rendered Pizzi's

suspension moot. It also provides this Court with the perspective of the Town and

the interpretation of its Charter, which are at the epicenter of this matter.

Miami Lakes' AMICUS CURIAE BRIEFCase No.: SC14-1634

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ARGUMENT

PIZZI'S SUSPENSION IS MOOT BECAUSE MIAMI LAKESHAS ELECTED A NEW MAYOR PURSUANT TO THE TOWNCHARTER.

Pursuant to Miami Lakes' Charter, immediately upon Pizzi's suspension,

Miami Lakes' Vice-Mayor became the acting and temporary Mayor. Because

more than six months remained in Pizzi's term, the Charter mandated a special

election be held to permanently fill the office of Mayor. On August 13, 2013, the

Miami Lakes Council passed Resolution 13-1125 ("Resolution"), calling for a

special election on October 1, 2013 to elect a new Mayor. At that election, the

Miami Lakes' residents elected Wayne Slaton as their new Mayor.

Pizzi now petitions for mandamus, asking this Court to direct the Governor

to revoke Executive Order Number 13-217 because Pizzi has been acquitted of the

charges that led to his suspension. As explained in the Governor's Response and

this amicus brief, Pizzi's argument is profoundly flawed. This Court should either

deny his petition outright, or in the alternative, allow Pizzi to pursue declaratory

judgment relief in circuit court.

Pizzi's fundamental conundrum is that he is not entitled to mandamus relief.

Florida law is well settled that mandamus may only be used to enforce a right that

is both clear and certain, not to establish the existence of such a right. Florida

League of Cities v. Smith, 607 So. 2d 397, 401 (Fla. 1992). Pizzi's petition does


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not establish a clear fundamental right; rather, it merely makes an argument for an

interpretation of the law and Miami Lakes' Charter that (1) is incorrect, and (2)

conflicts with the interpretations of both the Governor and Miami Lakes. At a

minimum, clearly both the Governor and Miami Lakes have valid legal arguments

as to why the Governor is not required to revoke the suspension order.

Accordingly, a writ of mandamus cannot issue because Pizzi has failed to establish

that revocation of the suspension order is merely ministerial. In addition to Pizzi's

failure to establish a clear legal right to the relief sought, Pizzi is not entitled to

relief because his suspension is now moot—the office of Mayor has already been

permanently filled by the election of his successor.

Pizzi argues that section 112.51, Florida Statutes, requires the Governor to

automatically revoke the suspension order because he was found not guilty of the

charges that lead to his initial suspension. He asserts that such revocation is

required as "a condition precedent to further action to be taken by Mr. Pizzi to

obtain a restoration to the status he occupied before the Governor's suspension

order." Reply to Resp. at 2. As the Governor's Response to the Petition explains,

Pizzi's position ignores the last sentence of section 112.51(6), which provides:

If, during the suspension, the term of office of the municipal officialexpires and a successor is either appointed or elected, such back pay,emoluments, or allowances shall only be paid for the duration of theterm of office during which the municipal official was suspended


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under the provisions of this section, and he or she shall not bereinstated.

(Emphasis added.)

As this Court is well aware, the interpretation of a statute is a purely legal

matter. Stock Building Supply of Florida, Inc. v. Soares Da Costa Construction

Services, LLC., 76 So. 3d 313, 316 (Fla. 3d DCA 2011). A review of a statute

must correspond with the plain meaning of the actual language contained therein.

Diamond Aircraft Industries, Inc. v. Horowitch, 107 So. 3d 362, 367 (Fla. 2013).

Examining the plain language of the statute will give effect to legislative intent. Id.

Where possible, courts must give full effect to all statutory provisions and construe

related statutory provisions in harmony with one another. Forsythe v. Longboat

Key Beach Erosion Control Dist., 604 So. 2d 452 (Fla. 1992). The unambiguous

last sentence of section 112.51(6) makes clear that reinstatement of the suspended

official is not an option once the official's term expires and a new officer is elected.

Municipal ordinances and provisions of a city charter are interpreted under

the same standard as state statutes. See Great Outdoors Trading, Inc. v. City of

High Springs, 550 So. 2d 483, 485 (Fla. 1st DCA 1989). Section 2.5(c)(iv) of

Miami Lakes' Charter is as equally unambiguous as the state statute. It states in

relevant part:

If the Mayor's position becomes vacant and six months or moreremain in the unexpired term, a special election shall be held for the


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election of a new Mayor within 90 calendar days following theoccurrence of the vacancy.

Petitioner's App. at 84 (emphasis added).

The Charter clearly states that the election is for a "new Mayor." It does not

contemplate an election to a temporary seat. Accordingly, neither the Resolution,

nor the ballot for the Mayoral election used the word "temporary". The voters in

Miami Lakes could not have been expected to even contemplate that the winning

candidate would simply be a place-holder pending Pizzi's then uncertain criminal

trial outcome. For good reason because, under Florida Law, municipal charter

requirements regarding terms of elected officers and the manner of their election

can only be changed by referendum. See § 166.021(4), Fla. Stat. Likewise, Pizzi's

term, like any incumbent office holder, expired upon the election and qualification

of his successor. See Tappy v. State ex rel. Byington, 82 So. 2d 161, 166 (Fla.

1955).

The interpretation of a statute requires a "common sense" approach. School

Board of Palm Beach County v. Survivors Charter Schools, Inc., 3 So. 3d 1220,

1235 (Fla. 2009). Here, the only proper interpretation of 112.51(6)'s plain

language is that because Pizzi's term of office expired upon the election of a new

mayor, the Governor is not required to revoke the suspension order because it is

moot. Conversely, because no law barred Pizzi from running in the special


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election, and the action of not running for election carries the same result as losing

the election, had Pizzi run in the special election for Mayor and lost, his asking to

still be reinstated into office would be an absurd interpretation of the statute that

courts are reluctant to embrace.. See Palm Beach County Canvassing Bd. v.

Harris, 772 So. 2d 1273 (Fla. 2000), Amente v. Newman, 653 So. 2d 1030 (Fla.

1995).

In addition to there being no clear legal right to the relief sought and Pizzi's

term of office having expired, under the circumstances of this case, section

112.51(6)'s use of the phrase "shall forthwith revoke the suspension" does not

require the Governor to revoke the suspension. Florida courts recognize that the

term "shall" is sometimes directory rather than mandatory, depending on the

circumstances. See, e.g., Belcher Oil Co. v. Dade County, 271 So. 2d 118 (Fla.

1972). This is especially true when the term is used by the legislature in directing

another branch of government to take action. As this Court recognized in Simmons

v. State, 160 Fla. 626, 36 So. 2d 207 (1948) (quoting from Fagan v. Robbins, 96

Fla. 91, 117 So. 863 (Fla. 1928):

The word 'shall' when used by the Legislature to prescribe the actionof a court is usually a grant of authority, and means 'may,' and even ifit be intended to be mandatory it must be subject to the necessarylimitation that a proper case has been made out for the exercise of thepower.


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In this case, where the felony charges resulted in a suspension and an

election was held to fill the vacancy created by that suspension, section 112.51(6)'s

use of the term "shall" must be read as directory rather than mandatory—because

revoking the suspension order is now moot.

Contrary to Pizzi's contentions, revocation of the suspension is not a

necessary predicate to Pizzi's attempts to seek other relief. For instance, section

112.51's governing provision regarding back pay has nothing whatsoever to do

with the Governor's revocation of the suspension and reinstatement. Section

112.51(6) states: "If the municipal official is acquitted . . . then the Governor shall

forthwith revoke the suspension and restore such municipal official to office; and

the official shall be entitled to and be paid full back pay . . . ." Thus, two

consequences for acquittal of a suspended municipal official exist under the

statute. First, if the official is acquitted, the Governor may revoke the suspension

and restore the official to office—which in this case is legally impossible given

Miami Lake's Charter, which required the position to be filled. Second, if the

official is acquitted, he may be entitled to a limited amount of back pay. Back pay

has nothing whatsoever to do with the Governor's revocation of the suspension.

As noted above, at a minimum, clearly both the Governor and Miami Lakes

have valid legal arguments as to why the Governor is not required to revoke the


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suspension order. Accordingly, a writ of mandamus cannot issue because Pizzi has

failed to establish that revocation of the suspension order is merely ministerial.

CONCLUSION

Pizzi is no longer the Mayor of Miami Lakes. His term ended once Wayne

Slaton was sworn into office and his suspension is now moot. Accordingly, any

attempt by Pizzi to challenge the interpretation of either the Miami Lakes charter

or the Florida Statutes, ultimately bars an action for mandamus because he has no

clear rights under the law warranting enforcement and is merely asking this Court

to define his rights. This Court should deny Pizzi's petition, allowing him, should

he be so inclined, the opportunity to bring an action for declaratory relief in the

circuit court.


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The undersigned Counsel certifies that their amicus curiae brief was served

by electronic filing on September 10, 2014, to the service list below.

s/ Raul Gastesi, Jr.RAUL GASTESI, JR.Florida Bar No. 825778HAYDEE SERAFlorida Bar No. 70600GASTESI & ASSOCIATES, P.A.8105 NW 155th StreetMiami Lakes, FL 33016Telephone: [email protected]@gastesi.com

s/ Juan-Carlos PlanasJUAN-CARLOS PLANASFlorida Bar No. 156167KURKIN BRANDES LLP18851 NE 29th Avenue, Suite 303Aventura, FL 33180Telephone: [email protected]@kb-attorneys.com

s/ Gerald CopeGERALD B. COPE, JR.Florida Bar No. 251364KATHERINE E. GIDDINGSFlorida Bar No. 949396ELIZABETH M. HERNANDEZFlorida Bar No. 378186AKERMAN, LLP1 SE 3rd Avenue, 25th FloorMiami, FL 33131Telephone: [email protected]@[email protected]


10

SERVICE LIST

PETER ANTONACCIGeneral CounselExecutive Office of the GovernorThe CapitolTallahassee, FL [email protected]

THOMAS D. WINOKURExecutive Office of the Governor400 South Monroe Street, Suite 209Tallahassee, Florida 32399Tel: (850) [email protected]

EDWARD R. SHOHATJONES WALKER201 S Biscayne Blvd., Suite 2600Miami, FL 33131Tel: [email protected]@joneswalker.com

RALF R. RODRIGUEZPECKAR & ABRAMSON, P.C.1 S.E. Third Avenue, Suite 3100Miami, FL 33131Tel: [email protected]

DAVID P. REINER, IIREINER & REINER, P.A.9100 So. Dadeland Blvd., Suite 901Miami, FL 33156-7815Tel: [email protected]

BENEDICT P. KUEHNELAW OFFICE OF KUEHNE, P.A.100 S.E. 2nd St., Suite 3550Miami, FL 33131-2154Tel: [email protected]@kuehnelaw.com

MARK HERRONMESSER CAPARELLO & SELF,P.A.2618 Centennial PlaceTallahassee, FL 32308-0572Tel: [email protected]

PETER D. WEBSTERCARLTON FIELDS215 S. Monroe St., Ste. 500Tallahassee, Florida 32301-1866Tel: [email protected]


11

CERTIFICATE OF FONT COMPLIANCE

The undersigned Counsel certifies that this brief complies with the

requirement of Rule 9.210(a)(2) of the Florida Rules of Appellate Procedure. It is

printed in Times New Roman 14-point font.

s/ Raul Gastesi, Jr.RAUL GASTESI, JR.Florida Bar No. 825778HAYDEE SERAFlorida Bar No. 70600GASTESI & ASSOCIATES, P.A.8105 NW 155th StreetMiami Lakes, FL 33016Telephone: [email protected]@gastesi.com

s/ Juan-Carlos PlanasJUAN-CARLOS PLANASFlorida Bar No. 156167KURKIN BRANDES LLP18851 NE 29th Avenue, Suite 303Aventura, FL 33180Telephone: [email protected]@kb-attorneys.com

s/ Gerald CopeGERALD B. COPE, JR.Florida Bar No. 251364KATHERINE E. GIDDINGSFlorida Bar No. 949396ELIZABETH M. HERNANDEZFlorida Bar No. 378186AKERMAN, LLP1 SE 3rd Avenue, 25th FloorMiami, FL 33131Telephone: [email protected]@[email protected]

From: Webster, Peter D.To: Antonacci, Peter; Winokur, Thomas; [email protected]; [email protected]; [email protected];

"Giddings, Kathi"; [email protected]; [email protected]; [email protected]: Benedict P. Kuehne; [email protected]; Michael T. Davis; Shohat, Edward; Ralf Rodriguez

([email protected]); David Reiner -Reiner & Reiner, P.A. ([email protected]); Mark Herron; Webster, Peter D.

Subject: SERVICE OF COURT DOCUMENT, Case No. SC14-1634Date: Monday, September 08, 2014 6:18:37 PMAttachments: Petitioner"s Response in Opposition to Town"s Motion for Clarification of Due Date of Amicus Curiae Brief.pdf

image001.png

The transmission of this e-mail message constitutes service under Florida Rule of Judicial Administration 2.516. Court: Florida Supreme CourtCase No.: SC14-1634Style: Pizzi v. ScottDocument Title: Petitioner’s Response in Opposition to Town’s

Motion for Clarification of Due Date of Amicus Curiae Brief

Sender’s Name: Peter D. WebsterSender’s Telephone No.: 850-224-1585

Peter D. WebsterAttorney at Law

215 S. Monroe St., Ste. 500Tallahassee, Florida 32301-1866 Direct: 850.513.3600 | Fax: 850.222.0398

[email protected] | www.CFJBLaw.com bio | vcard


[email protected]; [email protected]; "Giddings, Kathi"; [email protected]: Benedict P. Kuehne; [email protected]; Edward Shohat - Shohat Law Firm ([email protected]);

Ralf Rodriguez ([email protected]); David Reiner - Reiner & Reiner, P.A. ([email protected]); Mark Herron; Webster, Peter D.

Subject: SERVICE OF COURT DOCUMENT, Case No. SC14-1634Date: Tuesday, September 02, 2014 10:13:55 AMAttachments: Petitioner"s Response in Opposition to Town"s Motion for Leave to File Amicus Curiae Brief.pdf

image001.png

The transmission of this e-mail message constitutes service under Florida Rule of Judicial Administration 2.516. Court: Florida Supreme CourtCase No.: SC14-1634Style: Pizzi v. ScottDocument Title: Petitioner’s Response in Opposition to Town’s Motion

for Leave to File Amicus Curiae BriefSender’s Name: Peter D. WebsterSender’s Telephone No.: 850-224-1585




From: Webster, Peter D.To: Antonacci, Peter; Winokur, ThomasCc: Benedict P. Kuehne; Michael T. Davis; Shohat, Edward; Rodriguez, Ralf R.; David Reiner; Mark Herron; Webster,

Peter D.Subject: SERVICE OF COURT DOCUMENT, Case No. SC14-1634Date: Wednesday, October 15, 2014 9:41:53 AMAttachments: Reply to 10-14-14 Governor"s Response.pdf

image001.png

The transmission of this e-mail message constitutes service under Florida Rule of Judicial Administration 2.516. Court: Supreme Court of FloridaCase No.: SC14-1634Style: Michael A. Pizzi, Jr. v. Rick ScottDocument Title: Petitioner’s Reply to the Governor’s

Response to Court’s Request to Show Cause Why the Petition Should Not Be Granted

Sender’s Name: Peter D. WebsterSender’s Telephone No.:

850-224-1585





MICHAEL A. PIZZI, JR., Petitioner, v. Case No. SC14-1634

RICK SCOTT, Governor of the State of Florida, Respondent. ___________________________/

PETITIONER’S REPLY TO THE GOVERNOR’S RESPONSE TO COURT’S REQUEST TO SHOW CAUSE

WHY THE PETITION SHOULD NOT BE GRANTED

Petitioner Michael A. Pizzi, Jr. replies to the Governor’s Response to

Court’s Request to Show Cause Why the Petition Should Not Be Granted and

urges the Court to issue the requested writ of mandamus directing the Governor to

forthwith revoke the suspension order.

The Governor responded to the Court’s invitation “to show cause on the

narrow issue of why Executive Order 2013-217 should not be revoked, pursuant to

section 112.51(6), Florida Statutes (2013),” by only offering up the same

misdirection put forward in his Response to Petition for Writ of Mandamus and

Response to Town of Miami Lakes’ Motion for Leave to File Amicus Curiae Brief

– because Mr. Pizzi cannot be reinstated as Mayor of the Town of Miami Lakes, he

has no obligation to revoke the Executive Order suspending Mr. Pizzi from that

2

office.1

As an initial matter, it is relatively clear that § 112.51 is intended to

implement article IV, section 7, of the Constitution. Accordingly, § 112.51(6) must

be read in pari materia with that constitutional provision, as well as with the other

subsections of § 112.51. See Dennis v. State, 51 So. 3d 456, 461-62 (Fla. 2010)

(statutes should be interpreted in a way that will accomplish, rather than defeat,

their purpose); D.M.T. v. T.M.H., 129 So. 3d 320, 332 (Fla. 2013) (a statute should

be interpreted to accord harmony to all its parts). As Mr. Pizzi has been acquitted

According to the Governor, “[t]he statutory requirement to revoke the

suspension of an acquitted municipal official is coextensive with the requirement

to reinstate the official. If the Governor is not required to reinstate the official, then

he is not required to revoke the suspension order either.” 10/14/14 Response, at 1-

2. Such a construction of § 112.51(6) is irreconcilable with the plain language of

that subsection, and is inconsistent with its clear purpose. The Governor’s

submission also ignores the first sentence of article IV, section 7(c), of the Florida

Constitution, which reads that, “[b]y order of the governor[,] any elected municipal

officer indicted for crime may be suspended from office until acquitted”

(emphasis added).

1 The Governor’s phrasing of an issue not before the court and not briefed by the parties has been the subject of repeated objections by Mr. Pizzi. This mandamus proceeding is not about reinstatement. It involves only the Governor’s constitutional and statutory duty to revoke the suspension order, an obligation that belongs to the Governor and does not involve any other party, as might a separate reinstatement action that is not and has never been addressed in this proceeding.

3

of all the charges made in the indictment and that were the subject of the

suspension, the language of article IV, section 7(c) would seem clearly to require

that the suspension imposed by Executive Order 2013-217 be revoked forthwith,

without any need to consult § 112.51(6). The equally clear purpose that the

constitutional provision is intended to achieve is to remove an unjustified

suspension and reputation-impacting stigma from the municipal officer’s name.

Moving to consideration of § 112.51, the Governor contradicts the statutory

directive that revocation of the suspension is a condition precedent to “back pay,

emoluments, or allowances” to which Mr. Pizzi would have been entitled but for

the suspension, stating that, “section 112.51 does not condition entitlement to back

pay on revocation of the suspension.” 10/14/14 Response, at 3. The plain reading

of the statute undermines the Governor’s argument.

In the first place, the first sentence of § 112.51(6) demonstrates that, upon

acquittal, “the Governor shall forthwith revoke the suspension” (as required by the

clear language of article IV, section 7(c), of the constitution), at which time “the

official shall be entitled to and be paid full back pay and such other emoluments or

allowances to which he or she would have been entitled . . . .” Further support for

such a plain reading of the language is found in § 112.51(4), which reads that “[n]o

municipal official who has been suspended from office under this section may . . .

receive any pay or allowance during his or her suspension; or be entitled to any

4

of the emoluments or privileges of his or her office during suspension” (emphasis

added). Hence, unless and until the suspension is revoked, the official may not

receive pay, allowances, emoluments, or privileges to which he or she would

otherwise be entitled – i.e., revocation of the suspension is a condition precedent to

recovery of such items.

The Governor’s contention regarding construction of § 112.51(6) begs the

question presented by Mr. Pizzi’s petition, based on a misreading of that provision

as stating that, “once the official’s term ends, the suspension ends.” 10/14/14

Response, at 2. But that is not what the statute says. Instead, it speaks to the

official’s term expiring. Mr. Pizzi maintains that his term has not expired, and that,

therefore, he remains the duly elected Mayor of Miami Lakes and, as such, is

entitled to resume the duties of that office. However, as he has repeatedly

acknowledged, that is an issue that will be resolved at a different time, and in a

different forum.2

2 Due process principles preclude the Town of Miami Lakes, in any separate litigation, from opposing Mr. Pizzi’s completion of his elected term of office. E.g., State ex rel. Landis v. Tedder, 106 Fla. 140, 143 So. 148 (1932); Piver v. Stallman, 198 So. 2d 859, 862 (Fla. 3d DCA 1967). Therefore, the election of a temporary replacement mayor is not and cannot be a permanent replacement of an acquitted mayor during his elected term of office.

One thing that is, however, perfectly clear is that resolution of the

reinstatement question follows the revocation of the Executive Order of

Suspension. As the first sentence of § 112.51(4) states, “[n]o municipal official

5

who has been suspended from office under this section may perform any official

act, duty, or function during his or her suspension . . . .”

Finally, the Governor’s argument is little more than a recent contrivance

designed to apply only to Mr. Pizzi’s situation in a manner that departs from the

entirety of the long history of gubernatorial revocations of suspensions when

public officials are acquitted. As explained in the Petition for Writ of Mandamus at

page 8, and at no time contradicted by the Governor, in the identical case of City of

Miami Commissioner Spence-Jones, Governor Scott forthwith issued Executive

Order No. 11-186 upon her acquittal and the dismissal of all criminal charges, thus

immediately revoking her suspension even though a replacement election required

by the municipal charter had already occurred and a new Commissioner was

already sworn into office (App. 101-103). Thus, in 2011, without any change in the

Florida Constitution or amendment of the applicable statute, the Governor

followed the clear requirement of the law and did not contend the swearing in of a

successor meant the official’s term had ended and the Governor had no authority or

duty to revoke the suspension order. Then as now, the law is the same: the

Governor is legally obligated to forthwith revoke the Executive Order of

suspension following Mr. Pizzi’s acquittal of all charges.

6

CONCLUSION

As Mr. Pizzi has repeatedly asserted in this proceeding, having been

acquitted of all charges that were the basis for the suspension order, he has a clear

legal right to the relief he requests pursuant to both article IV, section 7(c), of the

Florida Constitution and § 112.51(6), Florida Statutes; and the Governor has an

indisputable legal duty to revoke the suspension order. Accordingly, mandamus is

appropriate. Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000). Mr. Pizzi requests

that this Court issue a writ of mandamus directing the Governor to enter an

Executive Order revoking the suspension imposed by Executive Order 2013-217.

CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has

been served by email on the following this October 15, 2014:

Peter Antonacci General Counsel [email protected] Thomas D. Winokur Assistant General Counsel [email protected] Executive Office of the Governor 400 South Monroe Street, Suite 209 Tallahassee, FL 32399

Respectfully submitted, s/ Edward R. Shohat s/ Benedict P. Kuehne EDWARD R. SHOHAT BENEDICT P. KUEHNE Florida Bar No. 152634 Florida Bar No. 233293 JONES WALKER MICHAEL T. DAVIS

7

201 S. Biscayne Blvd., Suite 2600 Florida Bar No. 63374 Miami, FL 33131 LAW OFFICE OF BENEDICT P. Tel.: 305-679-5700 KUEHNE, P.A. [email protected] 100 S.E. 2nd St., Suite 3550 [email protected] Miami, FL 33131-2154

Tel.: 305-789-5989 s/ Ralf R. Rodriguez Fax: 305-789-5987 RALF R. RODRIGUEZ [email protected] Florida Bar No. 138053 [email protected] PECKAR & ABRAMSON, P.C. 1 S.E. Third Avenue, Suite 3100 Miami, FL 33131 s /Mark Herron Tel.: 305-358-2600 MARK HERRON Fax: 305-375-0328 Florida Bar No. 199737 [email protected] MESSER CAPARELLO, P.A. [email protected] 2618 Centennial Place Tallahassee, FL 32308-0572 s/ David P. Reiner, II Tel.: 850-222-0270 Florida Bar No. 416400 Fax: 850-558-0659 REINER & REINER, P.A. [email protected] 9100 So. Dadeland Blvd., Suite 901 Miami, FL 33156-7815 Tel.: 305-670-8282 Fax: 305-670-8989 [email protected] s/ Peter D. Webster PETER D. WEBSTER Florida Bar No. 185180 CARLTON FIELDS JORDEN BURT, P.A. 215 S. Monroe St., Suite 500 Tallahassee, FL 32301 Tel.: 850-224-1585 Fax: 850-222-0398 [email protected]


"Giddings, Kathi"; [email protected]; [email protected]; [email protected]: Benedict P. Kuehne; [email protected]; Michael T. Davis; Shohat, Edward; [email protected]; Mark

Herron; David Reiner; Webster, Peter D.Subject: SERVICE OF COURT DOCUMENT, Case No. SC14-1634Date: Wednesday, September 10, 2014 7:10:03 PMAttachments: Petitioner"s Response in Opposition to Town"s Motion to Deem Amicus Curiae Brief as Timely Filed.pdf

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The transmission of this e-mail message constitutes service under Florida Rule of Judicial Administration 2.516. Court: Florida Supreme CourtCase No.: SC14-1634Style: Michael A. Pizzi, Jr. v. Rick ScottDocument Title: Petitioner’s Response in Opposition to

Town’s Motion to Deem Amicus Curiae Brief as Timely Filed

Sender’s Name: Peter D. WebsterSender’s Telephone No.:

850-224-1585




From: Benedict P. KuehneTo: Antonacci, Peter; Winokur, ThomasSubject: SERVICE OF COURT DOCUMENT, SC14-1634Date: Tuesday, August 26, 2014 10:44:59 AMAttachments: Motion.Expedite Mandamus Petition.Filed.8-26-14.pdf

SUPREME COURT OF FLORIDA Case No. SC14-1634 MICHAEL A. PIZZI, JR.,

Petitioner, versus RICK SCOTT,Governor of the State of Florida,

Respondent.__________________________/

PETITIONER’S MOTION TO EXPEDITE CONSIDERATION OF PETITION FOR WRIT OF MANDAMUS DIRECTING GOVERNOR TO FORTHWITH REVOKE

ORDER OF SUSPENSION UPON ACQUITTAL OF ALL CHARGES FORMING THE BASIS FOR THE EXECUTIVE SUSPENSION OF PUBLIC OFFICIAL

Benedict P. Kuehne Law Office of Benedict P. Kuehne, P.A. 100 S.E. 2d Street, Suite 3550 Miami, FL 33131-2154 305.789.5989 x7 Tel 305.789.5987 Fax [email protected] [email protected] www.kuehnelaw.com

SUPREME COURT OF FLORIDA Case No. SC14-1634 MICHAEL A. PIZZI, JR.,

Petitioner, versus RICK SCOTT, Governor of the State of Florida,

Respondent. __________________________/

PETITIONER’S MOTION TO EXPEDITE CONSIDERATION OF PETITION FOR WRIT OF MANDAMUS DIRECTING GOVERNOR TO FORTHWITH REVOKE ORDER OF SUSPENSION UPON ACQUITTAL

OF ALL CHARGES FORMING THE BASIS FOR THE EXECUTIVE SUSPENSION OF PUBLIC OFFICIAL

Petitioner Michael A. Pizzi, Jr. asks this Court to expedite consideration of

the petition for a writ of mandamus directed to Florida Governor Rick Scott as

respondent. That original writ was filed electronically on August 21, 2014.

Expedited treatment is compelled by Art. IV, §7(c) of the Florida Constitution and

the applicable statute, §112.51(6) that provides for the “forthwith” revocation of a

municipal suspension upon acquittal of all charges. The mandamus petition asks this

Court to immediately order respondent Governor Scott to Aforthwith revoke the

suspension@ of Michael A. Pizzi, Jr. following his acquittal of all charges that led to

his suspension. Petitioner Pizzi is entitled to have his suspension immediately

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Filing # 17509835 Electronically Filed 08/26/2014 10:30:37 AM

revoked as a result of his acquittal, but the Governor’s continued refusal to act and

affirmative denial of Mayor Pizzi’s request has deprived Mayor Pizzi of a right

immediately available to him under Florida law. Expedited treatment of this

proceeding is therefore appropriate and consistent with the interests of justice. See

Cruz v. State, 976 So. 2d 695, 698 (Fla. 4th DCA 2008) (directing the trial court to

consider defendant’s claim expeditiously in light of his apparent entitlement to

immediate release); Tedder v. Florida Parole Com'n, 842 So. 2d 1022, 1026 (Fla.

1st DCA 2003) (directing trial court to expedite reconsideration of defendant’s

petition where defendant was possibly entitled to immediate release from conditional

release); Lane v. Moore, 765 So. 2d 777 (Fla. 1st DCA 2000) (granting defendant’s

motion to expedite the proceeding).

Petitioner Pizzi accordingly requests an expedited briefing schedule,

including ordering a response within five days of service of the petition, and a reply

thereto within five days of service, as well as any other relief the Court may deem

just and proper, including an expedited ruling. The petition presents a single issue of

law, involves no disputed facts, and concerns a constitutional entitlement in a matter

arising from the Governor’s dereliction of his constitutional and statutory

responsibilities. The parties and the people of the State of Florida are well served by

expedited treatment of this important question of law and public policy.

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I certify this motion was served by email on August 26, 2014, to:

Peter Antonacci, General Counsel Executive Office of the Governor The Capitol

Tallahassee, FL 32399-0001 [email protected]

CERTIFICATE OF COMPLIANCE

I certify this motion complies with the font requirements of Rule 9.100(l) of

the Florida Rules of Appellate Procedure.


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s/ Edward R. Shohat EDWARD R. SHOHAT Florida Bar No. 152634 JONES WALKER 201 S Biscayne Blvd., Suite 2600 Miami, FL 33131 Tel: 305.679.5700 [email protected] [email protected] s/ Ralf R. Rodriguez RALF R. RODRIGUEZ Florida Bar No. 138053 PECKAR & ABRAMSON, P.C. 1 S.E. Third Avenue, Suite 3100 Miami, FL 33131 Tel: 305.358.2600 Fax: 305.375.0328 [email protected] s/ David P. Reiner, II Fla. Bar No. 416400 REINER & REINER, P.A. 9100 So. Dadeland Blvd., Suite 901 Miami, FL 33156-7815 Tel: 305.670.8282 Fax: 305.670.8989 [email protected]

s/ Benedict P. Kuehne BENEDICT P. KUEHNE Florida Bar No. 233293 MICHAEL T. DAVIS Florida Bar No. 63374 LAW OFFICE OF BENEDICT P. KUEHNE, P.A. 100 S.E. 2nd St., Suite 3550 Miami, FL 33131-2154 Tel: 305.789.5989 Fax: 305.789.5987 [email protected] [email protected] s/ Mark Herron MARK HERRON Florida Bar No. 199737 MESSER CAPARELLO & SELF, P.A. 2618 Centennial Place Tallahassee, FL 32308-0572 Tel: 850.222.0270 Fax: 850.558.0659 [email protected]

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From: Antonacci, PeterTo: "[email protected]"Subject: See attachedDate: Friday, August 15, 2014 2:53:06 PMAttachments: Response regarding Michael Pizzi.pdf

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FYI Peter AntonacciGeneral CounselExecutive Office of the GovernorRoom 209, The CapitolTallahassee, Florida 32399Phone: (850) 717-9321 @ItsWorkingFL

From: Rey, AlexTo: Antonacci, PeterCc: [email protected]: Town charterDate: Thursday, August 14, 2014 6:23:43 PM

Mr. Antonacci, You can find the find the town charter under Departments, Town Clerks, Town Charter… Alex ReyTown Manager