From: Bax, Laura To: "[email protected]" Subject: Conference Call Date: Thursday, August 28, 2014 3:10:28 PM Conference call on August 28, 2014 @ 3:30 pm EST Dial In: 1-720-389-1212 Participant Passcode: 3091482956 Laura Bax Judicial Appointments Coordinator Executive Office of the Governor Office of the General Counsel (850) 717-9310
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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: 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
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
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]
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.
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]
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.
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,
FlagsExecutive Office of Governor Rick ScottOffice 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: 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.
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
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/>
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.
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]
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: 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.
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.
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
4
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.
7
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
8
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
9
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
10
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
11
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:
12
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
13
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
14
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
30. Plaintiffs reincorporate paragraphs 1-22 into this Count.
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
37. Plaintiffs reincorporate paragraphs 1-22 into this Count.
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
46. Plaintiffs reincorporate paragraphs 1-22 into this Count.
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
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]
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,
FlagsExecutive Office of Governor Rick ScottOffice 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: 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
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
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]
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.
Respectfully submitted,
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
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
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.
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
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.
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
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.
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
Executive Office of the Governor
Room 209, The Capitol
Tallahassee, Florida 32399
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:
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: 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
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
On Thu, Aug 28, 2014 at 1:20 PM, Antonacci, Peter <[email protected]> wrote:
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: 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
On Thu, Aug 28, 2014 at 1:41 PM, Antonacci, Peter <[email protected]> wrote:
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
On Thu, Aug 28, 2014 at 1:20 PM, Antonacci, Peter <[email protected]> wrote:
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.
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: 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
I certify this petition complies with the font requirements of Rule 9.100(l) of the
Florida Rules of Appellate Procedure.
s/ Thomas D. Winokur
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
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}
IN THE SUPREME COURT OF FLORIDA
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/ 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]
MIAMI LAKES’ MOTION TO DEEM AMICUS CURIAE BRIEF AS TIMELY FILEDCase No.: SC14-1634
{29546931;1} -3-
CERTIFICATE OF SERVICE
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]
MIAMI LAKES’ MOTION TO DEEM AMICUS CURIAE BRIEF AS TIMELY FILEDCase No.: SC14-1634
{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
JUAN-CARLOS PLANASFlorida Bar No. 156167Kurkin Brandes LLP18851 NE 29th Avenue,Suite 303Aventura, FL 33180Telephone: [email protected]@kb-attorneys.com
{29546831;1}
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]
{29546831;1}
TABLE OF CONTENTSPage
TABLE OF AUTHORITIES .................................................................................... ii
IDENTITY OF AMICUS CURIAE AND ITS INTEREST IN THE CASE..............1
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
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.
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]
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]
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
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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: 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
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
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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: 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
Peter D. WebsterAttorney at Law
215 S. Monroe St., Ste. 500Tallahassee, Florida 32301-1866 Direct: 850.513.3600 | Fax: 850.222.0398
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
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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
Peter D. WebsterAttorney at Law
215 S. Monroe St., Ste. 500Tallahassee, Florida 32301-1866 Direct: 850.513.3600 | Fax: 850.222.0398
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
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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.
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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
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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
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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.
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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
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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]
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
Peter D. WebsterAttorney at Law
215 S. Monroe St., Ste. 500Tallahassee, Florida 32301-1866 Direct: 850.513.3600 | Fax: 850.222.0398
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.
-2-
CERTIFICATE OF SERVICE
I certify this motion was served by email on August 26, 2014, to:
Peter Antonacci, General Counsel Executive Office of the Governor The Capitol
I certify this motion complies with the font requirements of Rule 9.100(l) of
the Florida Rules of Appellate Procedure.
Respectfully submitted,
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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