MIAMI MIRROR TRUE REFLECTIONS

TennisCourtRevolutionOath

Barry L. Brown, in his Letter to the Editor of the Miami Herald, correctly attributed the 11 September 2013 decision of the Commission of the City of Miami Beach on the management of the citys tennis facilities to Bad Government. LastWednesday,hewrote,theMiamiBeachCommissionvotedonthelong delayed award of a contract to manage the city's tennis facilities. The City Manager, following the near unanimous recommendation of an independent evaluation committee, recommended award to the company evaluated number1.Theincumbentcompany,ranked4becauseofseriousdeficiencies withtheircurrentmanagement,packedthechamberwithloyalists.Asaresult and without serious consideration of any of the bidders' proposals, the CommissionthrewoutallbidsanddirectedtheManagertonegotiatewiththe incumbentdespitesubmittingaproposalmarkedlylessfavorabletotheCity's taxpayers. This being an election year in Miami Beach, it was clear that
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pandering for votes was more in the selfinterest of the commissioners than performingtheirfiduciarydutiestoallMiamiBeachresidents. There was something more involved than votepandering. Many of the demonstrators at the public hearing who donned green BOLLETTIERI branded TShirts for incumbent Green Square were not recognized as local residentsandtennisplayersbymanyplayerspresent.Severalofthemdidnot givetheirnamesandaddressasrequiredbeforeaddressingthecommission. Oneseasonedtennisprofessionalsaidthatitwasthefirsttimeinyearsthat GreenSquarehadorganizedanythingatall,andthatthepersonspresentwere notrepresentativeofthetenniscommunityletalonetheelectorate. CommissionersEdTobinandMichaelGongoravotedagainstthrowingoutall thebids,adeviousresolutionthatconstructivelywaivedthebiddingprocess without the city managers recommendation and the supermajority vote required. Gongora is believed to be the leading candidate for mayor although overfundedbyhisopponentPhillipLevine,whosecontributionsof$522,300 asofJune20include$410,000ofhisownmoneywithwhichheexpectstobuy an$8,000amonthjob.Levine,aprosperousbusinessmanwithconnectionsto developers,isendorsedbyselfstyledpopulistCommissionerJonahWolfson, whoironicallyappearstohaveconcoctedthestrategytoretainanincumbent wellknownfortheoldregimestolerationofitscontractualbreachesoverthe past decade. Nonetheless, Gongora is expected to pick up more votes for his opposition to the tennis management travesty than he lost to the reactionaries. Therevolutionarystruggleoverthemanagementofthetenniscourtsmatches reformists against reactionaries, and is an exemplary struggle against due process longed denied to members of the community who withal have a constitutionalrighttoafairandreasonablegovernmentalprocessregardless ofthenatureoftheirbusinessesandpoliticalaffiliations. EDITOR

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Septemb ber18,2013 JimmyMorales M CityMan nager CITYOFMIAMI M BEAC CH MiamiBe each,Florida a Query:Le egalityofCit tyCommissionActionon nTennisBidQuestioned d DearMr. .Morales: Miami Beach City Code C Section n 2367(e) provides p tha at The city y commissio on, upon wr ritten recomme endationofthecityman nager,mayby b resolution nadoptedby b afiveseve enthsvoteof o the citycomm missionwaiv vecompetitivebiddingwhen w thecit tycommissio onfindssuchwaivertobein the best interest of the city. In the event of o such a wa aiver the city y commissio on may auth horize theexecu utionofane egotiatedco ontract. You did not make a written re ecommenda ation to waive competitive bidding. However r, the motion made m at th he September 11 Commission me eeting to re eject all bids on the te ennis managem ment contra act, did just that with hout your re equired rec commendati ion, waiving g the biddingprocess p inor rdertoretaintheincum mbentcontra actor,whowas w fourthon nthebidding glist, andtherejection r wa aiverwaspassedbyonly y4/2,notby ythe5/2req quired. The rejection prejud dicially circu umvented th he bidding process p alto ogether hence constitut ted a waiver, although a a waiver w was not n in the be est interest of the city inasmuch i as s it was the utter denial of f the reasonable process duly estab blished by th he Commission. That pr rocess comp prised over two o years of co ommunity participation through its committees s, culminatin ng in the hig ghest
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recommendation of the evaluation committee on the parties submitting sealed bids, a recommendationthatyouyourselfsupported. Normally only the top three bidders would have been submitted, which is a number quite sufficient in case the first place or second place bidder drops out or is eliminated by negotiation. The fourth bidder, the incumbent, was thrust onto the bottom of the list at the behest of an official representative of interests contrary to reform, orchestrated into the reactionaryclamoratthemeeting. To retain the incumbent without a waiver, given the superior evaluation of the leading bidder, would have been arbitrary and capricious, therefore Commissioner Jonah Wolfson, at 8:21 pm, in what appears to be an attempt to sway Commissioners Tobin and Wolfson, said, "Reject all bids then negotiate a bid waiver. Don't rebid it. Reject all bids and I will second that. They (GreenSquare)staysthereandwerenegotiatecontractandthenwedoa5/7thinfavor.Thatis legal." Commissioners Tobin and Wolfson were not swayed by Commissioner Wolfson, who represents himself as a reformer, yet, in this instance he served the entailment (1) of the old regime. It does appear for intents and purposes that the rejection of bids by the Commission constituted an unlawful waiver, and that the action taken by the Commission was therefore invalidandofnoeffect. Of course my opinion is the opinion of an uneducated layman who is disconcerted by the fact that the city established a reasonable process only to deny it when the consequence was not appreciatedbythereactionaryelement. ThereforeIpraythatyouwillprovidemewiththebenefitofyoursuperioreducationandbroad practical experience in these matters to pronounce on this subject, and, if you agree with me, takethematterupwiththepowerswhomayrenouncethemistake. Sincerely, DavidArthurWalters Note (1) The old term entailment is referred to Frank Del Vechhio, Esq. for his opinion on whetheritsusagehereisapropos.

SUBSEQUENTCORRESPONDENCE
20130914 ToDavidArthurWalters FromQuestionnairetoTennisReformist:
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Whatdidthecommissionersplanatthemeeting? *Throwoutallbids *GSIcontinuesmonthtomonth *Cityceasesmaintenanceforcourts,allmaintenancedonebyGSIimmediately *IssuegoestoNeighborsfordiscussion(Tobin,Libbin,Exposito) *CityManagerrevisescontractwithGSItoaddressthemaintenanceproblem *Contractcomesbacktocommissiontoreceiveafinalvote WhosignsGreenSquaretaxreturns? Themanagerssisterinlaw,CommissionerDeedeWeithorn,CPA 20130918 Morales,Jimmy<JimmyMorales@miamibeachfl.gov> To:DavidArthurWaltersmiamimirror@gmail.com Cc:FrankDelVecchio<fdelvecchio@atlanticbb.net> David, Inmyview,theonlythingthatoccurredonSeptember11wastheCityCommissionthrewout allbids,whichdoesnotrequirea5/7thvoteormyrecommendation.Nowitcomesbacktome andmystafftodeterminewhetherwewanttoputthecontractbackoutforbidorsomeother action.Therewasnobidwaiverapproved,andIcertainlydontthinkIhavethatauthority.I haveaskedmynewParksDirectortotakeagoodlookattennisfacilityissueandcomeforward withaproposalonhowbesttoapproachitgoingforward.Thanks MIAMIBEACH JimmyMorales CityManager 20130918 To:"Morales,Jimmy"JimmyMorales@miamibeachfl.gov Cc:FrankDelVecchio<fdelvecchio@atlanticbb.net> Mr.Morales: Thankyouforyourresponsiveness.Ishallspreadtheword.
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I take it that you considered my argument specious or rather pretty, that the rejection was tantamounttoawaiver,inasmuchastheintentionwastothrowoutthehighbidderinorderto retain the incumbent and eventually award it with the contract by waiving the bidding and evaluationprocess. Bestregards, DavidArthurWalters 20130920 Morales,Jimmy<JimmyMorales@miamibeachfl.gov> To:DavidArthurWaltersmiamimirror@gmail.com Cc:FrankDelVecchio<fdelvecchio@atlanticbb.net> David, I never said your argument was specious or petty. What I said is that the legal impact of what the Commission did was not to waive bids, but to throw them out. They did not direct me to awardacontracttoBollettieriwithoutprocurement. They simplysaid to extend month to month while staff comes back with a recommendation on howtoproceed. JimmyMorales CityManager 20130921 To:"Morales,Jimmy"JimmyMorales@miamibeachfl.gov Cc:FrankDelVecchio<fdelvecchio@atlanticbb.net> Mr. Morales: Well I am glad you did not say that. I think a judge might, but on the other hand s/he might not, taking exception to your perspective as to the legal impact. If you only knew how frustrated I was trying explain the difference between Apples and Oranges after fusing them.Iwoundupwithafireinthekitchenandguiltfeelings. P.S. As stated by Mr. Wolfson, the plan of the reactionaries is to return for a waiver so Green Squarecouldbeawardedon5/7infavor.Althoughyouhavenotsaidso,Iunderstandthatyou wouldneverrecommendthat,andunlessyoudidso,theissuewouldhavetobesubjecttothe procurementprocessuntilGreenSquarecomesoutasthetopbidder.David 20130921
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To:DavidArthurWaltersmiamimirror@gmail.com Cc:"Morales,Jimmy"<JimmyMorales@miamibeachfl.gov>,Frank DelVecchio<fdelvecchio@atlanticbb.net Correct

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CityManagerMorales

September16,2013 JimmyMorales CityManager CITYOFMIAMIBEACH MiamiBeach,Florida Request:ChargeTennisCenterMaintenancetoGreenSquare DearCityManager: Iunderstandthatthecityhadtotakeoverthemaintenanceofthetenniscourtsaftertheywere rebuilt because inadequate maintenance was provided by Green Square, the tennis center managementcontractorresponsibleforsame. So deplorable has been Green Squares maintenance record over the years that discussions have been held from time to time to bifurcate the maintenance part of the contract and award it to it a certified contractor. Apparently tennis court maintenance is not exactly rocket science: the city employees who have been performing the work are competent enough to keepthecourtsingoodshape. However, at the commission meeting last week it was decided to require Green Square once again to do the maintenance, as they should have been doing along according to what is called acontract,anagreementcityofficialshaveallowedthemtobreachovertheyearsatwilland withimpunity.
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According to a December 9, 2012, Committee Memorandum from Kathie Brooks, then Interim City Manager, to members of the Land Use & Development Committee, the 2002 Parks and Recreation Department budget for labor and materials for the maintenance when the city was providing it prior to 2002 totaled $194,880 per annum, or $16, 240 per month. In todays dollars, that would amount to $253,334 per annum or $21,112 per month using an inflation multiplierof1.30. NickBollettieri,thegreatestcoachintheworldbasedonchampionscoached,ledoffthepublic testimony at the commission meeting last week, stating that the decision to award the managementcontractshouldbeaboutthekidsandnotaboutthemoney.MarkFishertookthe microphone to say that he would deposit $120,000 into an account to guarantee payment of the annual management fee by Green Square, who had bid only $48,000 in the sealed bidding process set up by the city, and was the fourth bidder on the list although it should not even have been on the list. The $120,000 promised by Mr. Fisher would have matched the amount bid by top bidder on the list, who should have been awarded the contract by a legitimate governmentprovidedthatnegotiationscouldhavebeencompleted. Naturally, money is at play in addition to the kids. When maintenance is in Green Squares handsitmayskimpon maintenanceandputthesavingsintoGreenSquarepockets. Thathas resulted in deplorable and dangerous conditions on the courts, until the deterioration is such thatcitymaintenanceworkershavetostepinagainandagain. IurgeyoutobillGreenSquarefortheworkperformedbythecitysothattheexpensedoesnot fall on taxpayers, the great majority of whom do not use the tennis facilities. If Green Square happens to be shy of cash then let Mr. Fisher step in to pay whatever is due in order to make surethecourtsareallaboutthekidsandnotthemoney. IfGreenSquaredefaultsinmakingpayment,orbreachesthesocalledcontractinanyway,the cityshouldbringwhateveractionisrequiredtoreplaceGreensquarewithacontractorwhowill perform. In my opinion, that businesslike action would conform to the premise that we have a professional city manager form of government, something that has in fact been lacking for all toolong. Quite frankly, many residents of our sunny city by the beach do not know whom to turn to for action besides yourself, other than Help Me Howard and Frank Del Vecchio; therefore I look forwardtohearingfromyouinthenearfuture. Sincerely, DavidArthurWalters Cc HelpMeHoward FrankDelVecchio
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AUDITOFTHECITYAUDITOFGREENSQUARE http://www.scribd.com/doc/35317955/AuditoftheGreenSquareAudit

SUBSEQUENTCORRESPONDENCE

20130914 FromTennisReformistSat,Sep14,2013at4:06PM ToDavidArthurWalters DescribethedecrepitconditionofNorthShore: North Shore has raised lines, bird baths behind every base line which means nobody is adding clay to court, sometimes the courts are wet and slippery even it doesnt rain for a week becausetheyarebeingoverwateredbyanincompetentmaintenancecrew. Give me the time line on the maintenance at Flamingo, howit went badas usual since the date ofcompletion: Nov 5, 2012 brand newcourts #1 to #9 in perfect condition were handed over to Greensquare. Within a week the courts became wet, slick and hard; a condition that got worse and worse untilfinallythecitytookovercompletemaintenancearoundMarch2013.InApril2013,surface of courts #1 to #5 were ripped up and redone, courts #6 to #9 were not as bad and were not rippedupinsteadfixedbyraking3timesadayandcarefullycontrollingwatering. Andforhowlong,andwhencitytookover,andwhatthedealisnow,theconstructioncompany name: Fast Dry built the tennis courts. Fast Dry is a subcontractor for Pirtle who built the club house. The court construction company attended a Tennis Advisory Committee (TAC) andexplained in detailthatitwasnottheirfaultcourtsbecameindisrepair.Theysaidnewcourtsmustberaked 3 times a day. I never saw Greensquare rake courts. I think we are lucky if they were raked a few times a week. Greensquare has NEVER attended a TAC meeting; we meet once a month at noticedmeetings. Whatdidthecommissionersplanatthemeeting? *Throwoutallbids *GSIcontinuesmonthtomonth *Cityceasesmaintenanceforcourts,allmaintenancedonebyGSIimmediately *IssuegoestoNeighborsfordiscussion(Tobin,Libbin,Exposito)
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*CityManagerrevisescontractwithGSItoaddressthemaintenanceproblem *Contractcomesbacktocommissiontoreceiveafinalvote WhosignsGreenSquaretaxreturns? Themanagerssisterinlaw,CommissionerDeedeWeithorn,CPA 2013-09-18 Anonymouse Construction Services Wed, Sep 18, 2013 at 2:40 PM To: David Arthur Walters <miamimirror@gmail.com> Fairly certain Jimmy Bollettieri stated that he was given defective courts at the proposal meeting last week. It should be on film. City attorney needs to get a statement from the contractor and manufacturer that the courts at Flamingo are not defective. If courts were damaged by Greensquare negligence, Greensquare needs to pay up and get the boot. http://www.fast-dry.com/ Contractor? http://hartru.com/ Product manufacturer? Greensquare did not state how many bags of clay these courts needed. That's strange. They have run North Shore and Flamingo for over ten years. The manufacturer usually states +/-2 tons of material per court per year is lost for subsurface watered courts. I would assume a busy place like Flamingo would use more tons per year. Here's a sample of what Har-Tru does for its customers, along with standards that should be adhered to. http://www.wtawinchester.com/images/CAS_Report_Packer_Ellis_TC_2013_1_-1.pdf Subsurface watered courts have valves that control the water level. If Greensquare cannot prove they know how to operate these valves which are also at North Shore they should be given the boot. Here is a sample of some of the products which you need to maintain these courts. Somebody should peek into the maintenance storage area of Flamingo and North Shore and see what Greensquare has acquired over ten years. http://shop.hartru.com/Maintenance-Equipment/ Personal Opinion.

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Highly doubtful the city will ever be able to properly maintain Har-Tru courts. They are best used in private clubs. If these courts cannot be maintained the city should consider replacing a bank at a time with cushioned hard courts. Sincerely, Anonymous Construction Services

2013-09-18 David Arthur Walters< miamimirror@gmail.com> Wed, Sep 18, 2013 at 3:13 PM To: Anonymous Construction Services Thank you very much. People on site say that city maintenance works have done an excellent job maintaining the courts after the poor work of the contractor on the new courts made that necessary. The maintenance was handed back to it at the Wednesday meeting, with the incumbent promising AGAIN that it would do a proper job. This has been going on for years at both sites before the improvements were made. As I mentioned, it is believed that the contractor skimped on maintenance to save itself money. The contractor has been in breach of contract one way or another for so many years that there really is no contract. If anything else comes to mind, if you have someone inside of Green Square who might talk, please let me know. The main issue is that Green Square does not maintain any type of court well.

2013-09-18 Rebecca MBTPA< rebecca@mbtpa.net> Wed, Sep 18, 2013 at 4:04 PM To: David Arthur Walters miamimirror@gmail.com Cc: Rebecca MBTPA <rebecca@mbtpa.net> Also, of note is that GS has been managing the facility at North Shore since it was built in 2005, and even that 'brand new' facility has been improperly maintained and left in bad shape by GS, so the fact that Flamingo had old courts when GS took over is a stretch as an excuse for any problems. Rebecca Boyce, MSS Program Coordinator, PTR Certified Pro True Beginner Tennis for Women

2018-09-13

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David Arthur Walters< miamimirror@gmail.com> Wed, Sep 18, 2013 at 4:15 PM To: Rebecca MBTPA <rebecca@mbtpa.net> Thank you. As you know none of that matters to the ruling clique who will deny due process in any way to get its way. That is the reality of it. Maybe the law does not recognize reality here or perchance it may. If what happened is not legally challenged we shall never know. That is up to the high bidder.

2013-09-18 Tennis Reformist: Wed, Sep 18, 2013 at 6:46 PM To: David Arthur Walters <miamimirror@gmail.com> Victor Weithorn specifically said at the podium, We know we have to put 4 bags of clay down on each court every month, that's 40 bags a year for each court." Jimmy said, If you want us to put 4 bags, 5, 6, 7 8 we will do it. Just tell us how many bags and we will do whatever it takes. Unfortunately Green Squares current contact already specifies that how many bags of clay per month are needed, they just REFUSE to follow the contract and the manufacturers advice. I disagree with Anonymous, City of Plantation (27 clay courts) and Fort Lauderdale (25 clay courts), and Coral Gables (14 clay courts) all run 100% by the city and courts are in perfect condition, perfect. I saw for myself. Plus Ft Lauderdale and Plantation have above ground watering system which si much more difficult to maintain than the underground watering that Miami Beach has. Regards,

2013-09-19 Anonymous Construction Services Thu, Sep 19, 2013 at 2:31 PM To: David Arthur Walters miamimirror@gmail.com It's estimated that each court requires four tons of material per year. The bags come in 50lb or 80lb bags. How many bags has Green Square purchased yearly? What size, and how often do they order these bags? Where are they stored? If the city cannot answer those questions they have a problem.

2013-09-20 David Arthur Walters< miamimirror@gmail.com> Fri, Sep 20, 2013 at 10:24 AM To: Anonymouse Construction Services Thanks. Scuttlebutt is they have hired 5 new maintenance people. There goes some of the honey pot.
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2013-09-20 Anonymous Construction Services Fri, Sep 20, 2013 at 11:21 AM To: David Arthur Walters <miamimirror@gmail.com> In their RFP they admit lots of stuff and blame the city. Can you collaborate on a story with Miami New Times? This is another shameful situation the city is responsible for. Attached: Bids on tennis RFP

2013-09-20 David Arthur Walters< miamimirror@gmail.com> Fri, Sep 20, 2013 at 11:25 AM To: Anonymous Construction Services You know, it makes me very angry that people keep telling me to give my stories to the competition, the New Times Excuse me for yelling back, but I get so sick and tired of references to the New Times. They, as well as the Miami Herald (per former Miami Beach Beat Report David Smiley), consider me as competition and their clique would never collaborate

2013-09-20 Anonymous Construction Services Fri, Sep 20, 2013 at 12:34 PM To: David Arthur Walters <miamimirror@gmail.com> I apologize. My ignorance of the journalistic world is showing. I'm embarrassed I even mentioned it.

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FloridaAttorneyGeneralBondi

September17,2013 PamelaBondi AttorneyGeneral STATEOFFLORIDA Subject:IndependentPressInquiryReCityAttorneysandFloridaSunshineLaw HonorableMadameBondi: I have been referred to your good office by Victoria Frigo, Senior Staff Attorney for the Miami Dade Commission on Ethics and Public Trust, after I expressed doubt over her statement that, The Sunshine Law is not violated when one commissioner speaks to someone who does not serveasacocommissioneronthesamecollegiatebody.Ihadrespondedthat,Pleaseexplain why 286.011 Public Meetings and Records does not apply to conversations between a city attorney and commissioner. (3) (a) provides a fine for violation by any public officer. It would seem that the Sun of the Sunshine act should shine on those public meeting communications especiallysincethecitycharterprovidesthatacityattorneymayrecommendlegislation. Page 24 of your 2012 Government in the Sunshine Manual bears this statement under item 4. Legalmatters:

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In the absence of a legislative exemption, discussions between a public board and its attorney are subject to s. 286.011, F.S. Neu v. Miami Herald Publishing Company, 462 So. 2d 821 (Fla. 1985) (s. 90.502, F.S., providing for the confidentiality of attorneyclient communications under the Florida Evidence Code, does not create an exemption for attorneyclient communications at public meetings; application of the Sunshine Law to such discussions does not usurp Supreme Courts constitutional authority to regulate the practice of law, nor is it at odds with Florida Bar rules providing for attorneyclient confidentiality). Cf. s. 90.502(6), F.S., stating that a discussion or activity that is not a meeting for purposes of s. 286.011, F.S., shall not be construed to waive the attorneyclient privilege. And see Florida Parole and Probation Commission v. Thomas, 364 So. 2d 480 (Fla. 1st DCA 1978), stating thatall decisions taken by legal counsel to a public board need not be made or approved by the board; thus, the decision to appeal made by legal counsel after private discussions with the individual members of the board did not violate s. 286.011, F.S. There are statutory exemptions, however, which apply to some discussions of pending litigationbetweenapublicboardanditsattorney. Well, then, why not a commission as well as a board? The context of my concern is as I describedittoMs.Frigo: Last evening at 4:45 PM the City Commission of the City of Miami Beach considered the recommendations to the commission of a tennis committee who tooksealedbidsandratedapplicantsforthecontracttomanagethecitystennis facilities. The highest ranked bidder offered $120,000 per annum for the contract. The lowest ranked, the incumbent, bid $48,000. After that was revealed at the public hearing last evening, an angel [energy trader Mark Fisher] who was rumored to have flown in on his Lear Jet for the purpose, got up and promised to deposit $120,000 cash into an account for the incumbent who had bid only $48,000. Another gentleman testified that that was against the rules. (And then) it was noticed that the city attorney, whom by the Charter may recommend legislation, and Commissioner Exposito were engaged in a private talk on the dais. Exposito reportedly scoffed at the selection committee and its bidding process. Would a chat such as that possibly involve a violation of the SunshineLawordoesattorneyclientprivilegeexemptit? The outcome, Madame Attorney General, was the subversion of due process; the very process thatwasestablishedto evaluateandselectacontractor.Iaminformedthatanassistanttothe city attorney eventually testified that to select the incumbent, who was last on the list and should have never gotten onto the list presented to the commissioners, could create legal issues, and that the solution would be to toss out all the bids and let the contract remain on a monthtomonth basis with the incumbent. That was the foregone conclusion to the wasted process.

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Whatever might have been privately said behind the dais is probably of little moment, but whetherornotsuchchatsarepermittedbylawisofgreatconsequence. Now I have no doubt that city attorneys often have private chats with commissioners behind daises at public meetings, and no one pays any attention. Attention was paid here because it was intuited or induced from scanty information that this particular city attorney may have participated in or masterminded an overall strategy to make sure that the process, established by the community represented in its committees and resolved on by the commission, was circumvented in order to retain the incumbent, whose management has been suffered despite somanybreachesofcontractovertheyearsthatitappearstherereallyisnocontract,andthat it serves at the leisure of the ruling clique and their attorneys who appear to deem themselves sovereignorabovethelaw. Of course the content of the private chat may not have been germane or may have been quite harmless to the cause of justice. But does not the Sunshine law require the exposure of all proceedings during public hearings including statements made by city attorneys to commissions? ItwaswiththatinmindthatIcontactedMs.FrigoattheCommissiononEthics(COE).Ordinary people who find it difficult to get the attention of the State Attorney have been assured by the COE of its close relationship with the State Attorney; for example, COE Director Joe Centorino was a public corruption prosecutor for Kathy Rundle, and retired state prosecutors sometimes serve as COE investigators. However, as of late, it is believed, perhaps on insufficient grounds, thatCOEstaff,andparticularlyitsdirector,haveacollegiatebiasfavoringtheMiamiBeachcity attorney. Of course very important people such as city attorneys and commissioners have direct and immediateaccesstotheStateAttorneyandgetpromptattention.Forexample,itwasamatter of hours after Miami Beach Commissioners Deede Weithorn and Jonah Wolfson were seen conversing privately on the dais last year that the State Attorney initiated an investigation into the matter with great public fanfare in the press. Eventually, in May, the State Attorney found noevidencethatpublicbusinesswasdiscussed. Itwasamatterofdeepconcernastowhofiledthecomplaintinthatcase,relatedtotheforced retirementofCityManagerJorgeGonzalezinthewakeofFBIarrests,sothattheycouldbeduly retaliated against, as has been the unofficial custom in our sunny city by the beach, but the nameofthecomplainantwaskeptsecret. As for my inquiry, it is not a complaint, but simply an attempt to clarify the Sunshine law in a particularregardforthepublicbenefit.MindyouthatIamnotagreatfanoftheSunshinelaw, butthereitis,soletusknowwhatitis. Irealizethatyourofficenormallyrespondstosuchinquiriesasthisonebyreferringtheinquirer back to the very persons whose behavior s/he begs askance of, stating that the Attorney General is not allowed to provide legal information to private citizens, thus leaving inquirers

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and complainants without sufficient funds for legal fees in the lurch and subject to retaliations suchasmaliciousprosecutionsofcaseswhichcancost$250,000tosuccessfullydefend. The city attorney could naturally ask you for your opinion on this subject, and would not have to abide by it as law. Fat chance: our current city attorney has a thin skin and reacts hostilely withimpunitytowardpeoplewhodaretoquestionhisbehavior.Ireallyhavenobeefwithhim, but I have learned not to antagonize him with questions that he is bound to respond to with insults instead of answering as to facts and law. I only mention this in passing the buck to you soyoucanunderstandthepredicamentinwhichwefindourselveshere,notingthattheMiami DadeInspectorGeneralhasrefusedtoserveourcity,andthattheplantohavetheMiamiBeach Police Department Internal Affairs investigate allegations of official misconduct whether the officials are sworn police officers or not has been put on hold as a pipe dream and just words.Hencewearelefttobegsecretlyforfederalintervention. Perhaps you have authority to quote an AGO if one already exists, and to elaborate a little bit on the real reason why, when common sense believes public meetings should be public (meaning what is said and done can be heard and observed) influential city attorneys can conduct private conversations with commissioners or anyone else on the dais so that they cannot be heard nor recorded, and not run afoul of this law called GovernmentInThe Sunshine. Sincerely, DavidArthurWalters IndependentJournalist Cc:GovernorRickScott,Esq.

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Florida Governor Scott

September 18, 2013 Subject:IndependentPressInquiryReCityAttorneysandFloridaSunshineLaw Dear Mr. Walters: Thank you for contacting Governor Rick Scott's Office. The Governor appreciates your concerns and asked that I respond on his behalf. Our government is structured on the principle that local communities can best assess the needs of their residents. Voters elect their county officials to manage local government business. Those dissatisfied with local officials' performance can always make their views known directly to those officials. I understand you shared your concerns with your local government and local ethics office. That was the appropriate thing to do. Under Florida law, violations of the conflict of interest laws fall within the jurisdiction of the Florida Commission on Ethics. Those who wish to file a complaint with the commission, can obtain a complaint form on the commission's Web site at www.ethics.state.fl.us. For further assistance, you may wish to contact the commission by calling (850) 488-7864, or by writing to Post Office Drawer 15709, Tallahassee, Florida 32317-5709. Those with allegations of crimes and misconduct by public officials should bring their information and evidence to the attention of law enforcement and the state attorney in the local jurisdiction where they believe crimes are taking place. Each state attorney is an elected official
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charged with certain discretionary duties, including the duty to determine whether or not to prosecute any particular crime committed within his or her jurisdiction. This decision is based on the quality and quantity of the evidence of guilt shown, and in the best interest of justice. Law enforcement agencies and the state attorneys operate independently of the Governor's office. As elected officials, they answer to the voters of their individual jurisdictions. Contact information can be obtained online. I understand you shared your concerns with the Florida Department of Legal Affairs; however, it is my understanding the Attorney General and the Department do not provide legal opinions to private citizens. If you have legal questions, you should seek legal counsel from a licensed attorney. [$250/hr] Thank you again for taking the time to contact the Governor's Office. We hope this information is helpful. Sincerely, Warren Davis Office of Citizen Services Executive Office of the Governor

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David Arthur Walters

19 September 2013 Warren Davis Office of Citizen Services Executive Office of Governor Rick Scott STATE OF FLORIDA Tallahassee, Florida Subject: A Fair Game of Tennis in the Sunshine Dear Mr. Davis: Thank you for responding to my letter to Attorney General Pamela Bondi, wherein I asked her for her advice on whether or not Floridas Sunshine Law requires the exposure of all transactions during public hearings, including conversations between city attorneys and city commissioners, such as the secret conversation on the dais between a commissioner and the city attorney at the September 11, 2013, hearing on sealed bids made pursuant to a request for proposals to manage the tennis centers of the City of Miami Beach. Some background is required for Governor Scott to understand why I believe his personal attention to the Sunshine Law in this matter is important to the welfare of our state. As an attorney himself, I know that our governor, if not offended by my rather common opinion on lawyers, will find some merit in my thoughts regardless of the technical issue I have raised as pretext for contributing to the greatest of conversations. You may have heard that the City of Miami Beach, once a notorious refuge for mobsters, was recently subjected to yet another embarrassing corruption scandal with several F.B.I. arrests of city employees. The city manager was forced to retire after thirteen years of serving the entrenched bureaucracy. He was scapegoated for conducting business-as-usual, which included, according to reformers, alleged hanky-panky over city contracts involving a subversion of due process, which should provide a fair and orderly method for awarding city contracts. His main fault in my opinion was his arrogance. It was as if he were above the law as a sovereign city boss; however, as his fate proved, he was ultimately only the manager. Last week Bal Harbour, with an eye on real estate development, hired him as its city manager. It is said that
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members of the entrenched bureaucracy of Miami Beach, some of whom have vested interest in Bal Harbour or nearby, highly recommended their former manager. In any event, the severance package Miami Beach provided more than amply compensated him for his brief period of unemployment. Our Miami Beach legislature like those of other cities ordained a certain process for the awarding of contracts, a process that the bidders for the tennis contract complied with. The incumbent contractor, whose breaches of contract over the last decade under the entrenched bureaucracy were tolerated to such an extent that there is really no contract but service at the will of the ruling elite; to which the community finally and mightily objected, fomenting a virtual tennis court revolution for the restoration of a legitimate due process that would engage excellent government of the tennis facilities. The reactionary element managed to insert the incumbent as the fourth bidder on the finalist list submitted to the city commission for decision; normally there are only three finalists submitted in case the first and second drops out. The reactionaries orchestrated a demonstration at the commission meeting that provided their representative commissioners with a pretext for subverting the process and retaining the incumbent by tossing out all the bids; the subversion was performed under the advice of city attorneys and attorneys sitting on the commission. The city attorney on the dais was observed chatting privately with a commissioner, a lawyer who took part in setting up the process for the tennis interests, but who then supported the subversion, denouncing the due process. Two commissioners courageously voted against the perversion, both of them attorneys, despite the uncivil raucous raised by the uniformed crowd of political demonstrators brought in by the reactionaries. Our new city manager, a Harvard Law School graduate, duly supported the process and recommended the high bidder. The leading reactionary commissioner, a lawyer who poses as a populist reformer and who supports a businessman who wants to purchase the mayors office, which pays eight-thousand a year, for over one-half million dollars, put forth the strategy: toss the bids, leave the contract month-to-month with the incumbent, return to waive the bidding process, and award the contract. The city manager may recommend a waiver, but he has indicated he is not about to do that. Therefore it appears that, if the bidding process must be resorted to, it will be resorted to time and again until the reactionaries manage to manipulate the evaluations so that the incumbent be put in the first position instead of last on the list. It remains to be seen whether or not the high bidder will bring legal action for the denial of due process afforded by the travesty. That would be an expensive proposition given the going rate for lawyers with expertise in such travesties. ($250 per hour) So now I believe Governor Scott can understand my opinion that the Sunshine Law may be and should be interpreted to forbid the whisperings of attorneys in the ears of kings during public hearings. I believe the doctrine of sovereign immunity, that kings can do no wrong, supported by the Florida Supreme Court in Trianon Condominiums v Hialeah, may have gone to the heads of too many city attorneys.
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Of course there would be less need for interpretation of our Sunshine Law if Aristotle had written the statute. As it sloppily stands, a barn door is left open for pettifoggers to quibble all to the contrary, all of whom will say that it is crystal clear that lawyers should be excluded. Sadly, we no longer have a Law Revision Council in this state, which is something the governor may want to attend to since the Florida Bar is not interested in revision not directly appertaining to its own profession, or at least the Bar has not given an opinion on my inquiries on the subject. The Law Revision Council, by the way, served a similar purpose as the Ministry of Justice concept proposed by Benjamin Cardozo. And the ancient jurists had their law clerks periodically revise the entire code for clarification and applicability. You may be interested to know that a contact of mine at the Florida Bar weighed in on the subject by sending me a copy of an informative article in the Tribune Herald; to wit: everyone should be familiar with the Sunshine Law; it is complicated; hire a lawyer. ($250 per hour) So this is not so much about our Sunshine Law as about due process under the rule of law instead of men. Everyone should enjoy a fair and orderly process regardless of the nature of their business, whether their game is tennis or strip club shows. With all due respect for lawyers who have fought for and who have won so many rights and privileges for us all, it should be observed that the notion of rule of law today is a vanity that masks the extraordinary power lawyers have over society in all walks of life. The Rule of Law is actually the Rule of Lawyers whose fundamental rule is to win at all costs notwithstanding the niceties of their reluctantly enforced codes of professional conduct whose very prohibitions identify the most frequent misconduct. I believe the governor will agree with the understatement that lawyers make the rules and rule themselves, answering to none except themselves, and believe that they, like Socrates, have privileged access to universal ideals although all they possess are rules of thumb arrived at through centuries of pettifoggery. Their monopoly on practice and privileged access to the courts provides them with an unfair advantage over everyone else. In any case, the rule of law is that nobody should be above the law including government officials, many of whom are officers of the court. If we are not to have recourse to revolution, we must be protected by the rule of law. Of course that is a subject Attorney General Pamela Bondi is most interested in, so that is why I addressed her, with a copy to the governor, for she often refers inquirers to the governor as well as referring them back to the very local officials who have managed over time to subvert the processes to gain and maintain sovereignty over their interlocking localities. And the governors office does the same. As you said: Our government is structured on the principle that local communities can best assess the needs of their residents. Voters elect their county officials to manage local government business. Those dissatisfied with local officials' performance can always make their views known directly to those officials. I understand you shared your concerns with your local government and local ethics office. That was the appropriate thing to do.

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That brings me to my pet peeve, that the principle of pluralism and federalism in Florida is either misunderstood or misapplied to the neglect of the populace. That principle, by the way, which provides for local discretion over local affairs, is favored by business to its profit. That local discretion in business is not allowed to circumvent or subvert central control over vital core functions. But in government the principle of local autonomy with central control of core functions is all too often a zero su m game that advances the power elite and diminishes the citizens share in the spoils. S/he is eventually left on the fringes of the camp begging for scraps. If I say that the local state attorney and the local ethics commission are not doing their jobs properly, the governor and the attorney general will refer me to the local state attorney and the local ethics commission, or the State Attorney of state attorneys, or the Ethics Commission of ethics commissions. If I say the county inspector general is refusing to serve a city in his county, I suppose I shall be referred to the Inspector General or mother of all inspector generals. If I say a city attorney is abusing his or her power and that the members of the local commission are in on the game and will do nothing about it, I am referred to various local agencies that will not take complaints seriously unless I allege a crime and do their job for them, come up with hard evidence supporting probably cause, and then they will probably fall asleep on the evidence, or give the official a heads up or a tiny fine, and say that the law is meant to obtain compliance and not to punish. So, as you can see if you have a vivid imagination, scores and scores of people are treated like tennis balls to be batted back and forth over the net, with the government winning every match, thanks to an interlocking network of lawyers. I recall here a Brevard County woman who had been battered by her husband, and then by lawyers and judges. Soon deprived of her hard earned personal property, with services denied by Legal Aid because it has more important people to aid, she was suffering from Legal Abuse Syndrome. She read somewhere that it was the governors job to enforce the laws, so she went to the governors office, where she was ejected. Fortunately for her, she was not tossed in a madhouse. Finally, if I ask the attorney general for an opinion on what a hostile city attorney must do, I am told that the attorney general cannot give advice to private citizens, but the city attorney can ask her for an opinion. Well, then, since the city attorney may with sovereign impunity be hostile to the extent of publicly defaming anyone who questions his conduct, calling him a madman, threatening to slap him with an expensive lawsuit just for begging askance, cannot the attorney generals boss, the Governor of the State of Florida, Get to Work and ask the question? Sincerely, David Arthur Walters cc: Attorney General Pamela Bondi
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Attached: Letter from Governor Scotts office (below) Edna Jane Favreau and Charlie Crist, Equal Justice Under the Law Denied http://www.scribd.com/doc/39328801/Edna-Jane-Favreau-and-Charlie-Crist I Was In The Wrong Court by Edna Jane Favreau. Chances are you will be divorced and then one of
you will have an even greater chance of getting hurt because you cannot afford a lawyer http://www.scribd.com/doc/39010159/I-Was-in-the-Wrong-Court-by-Edna-Jane-Favreau

Rick Scott and Pamela Bondi

September 18, 2013 Dear Mr. Walters: Thank you for contacting Governor Rick Scott's Office. The Governor appreciates your concerns and asked that I respond on his behalf. Our government is structured on the principle that local communities can best assess the needs of their residents. Voters elect their county officials to manage local government business. Those dissatisfied with local officials' performance can always make their views known directly to those officials. I understand you shared your concerns with your local government and local ethics office. That was the appropriate thing to do.

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Under Florida law, violations of the conflict of interest laws fall within the jurisdiction of the Florida Commission on Ethics. Those who wish to file a complaint with the commission can obtain a complaint form on the commission's Web site at www.ethics.state.fl.us. For further assistance, you may wish to contact the commission by calling (850) 488-7864, or by writing to Post Office Drawer 15709, Tallahassee, Florida 32317-5709. Those with allegations of crimes and misconduct by public officials should bring their information and evidence to the attention of law enforcement and the state attorney in the local jurisdiction where they believe crimes are taking place. Each state attorney is an elected official charged with certain discretionary duties, including the duty to determine whether or not to prosecute any particular crime committed within his or her jurisdiction. This decision is based on the quality and quantity of the evidence of guilt shown, and in the best interest of justice. Law enforcement agencies and the state attorneys operate independently of the Governor's office. As elected officials, they answer to the voters of their individual jurisdictions. Contact information can be obtained online. I understand you shared your concerns with the Florida Department of Legal Affairs; however, it is my understanding the Attorney General and the Department do not provide legal opinions to private citizens. If you have legal questions, you should seek legal counsel from a licensed attorney. [$250 per hour?] Thank you again for taking the time to contact the Governor's Office. We hope this information is helpful. Sincerely, Warren Davis Office of Citizen Services Executive Office of the Governor

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September24,2013 WarrenDavis OfficeofCitizenServices ExecutiveOfficeoftheGovernor Mr.Davis, Thankyouverymuchforyourresponse. Is it within the constitutional power of the Governor to ask the Attorney General to give her reasoned opinion as to whether or not Florida's Sunshine Law applies to discussions between cityattorneysandcitycommissionersonthedaisatpubliccommissionmeetings? Verytrulyyours, DavidArthurWalters NOTEFLORIDASTATUTES 16.01(3) Notwithstanding any other provision of law, shall, on the written requisition of the Governor,a memberof theCabinet,theheadofadepartmentintheexecutivebranchofstate government, the Speaker of the House of Representatives, the President of the Senate, the Minority Leader of the House of Representatives, or the Minority Leader of the Senate, and may, upon the writtenrequisition of a memberof the Legislature, other state officer, or officer ofacounty,municipality,otherunitoflocalgovernment,orpoliticalsubdivision,giveanofficial opinion and legal advice in writing on any question of law relating to the official duties of the requestingofficer. 16.08 Superintendenceanddirectionofstateattorneys.TheAttorneyGeneralshallexercise a general superintendence and direction over the several state attorneys of the several circuits as to the manner of discharging their respective duties, and whenever requested by the state attorneys,shallgivethemherorhisopinionuponanyquestionoflaw. 16.09 Regulations as to the reports of state attorneys.The Attorney General shall prescribe the time and manner in which regular quarterly reports shall be made to him or her by state attorneys,andtheyshallcomplywiththeAttorneyGeneralsinstructionsinthisrespect. History.s.3,ch.2098,1877;RS91;GS94;RGS108;CGL132;s.49,ch.95147.
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September24,2013 DearMr.Walters: ThankyouforcontactingGovernorRickScott'sOfficeandclarifyingyourconcerns.Althoughwe appreciate the opportunity to respond, as indicated in previous correspondence, the Governor doesnotadministerlocalgovernmentsandtheGovernorisunabletoprovidealegalopinion. TheGovernor'sofficeisunabletointerveneinissuesthatshouldberesolvedthroughthecourt system. You are correct that those with complaints about locally appointed officials should bring their concernstotheattentionoflocallyelectedofficials.TheGovernordoesnotadministerlocallaw enforcement agencies and the Attorney General does not administer the offices of locally electedstateattorneys.Thosewithallegationsofcrimesshouldbringinformationandevidence to the attention of law enforcement in the local jurisdiction where they believe a crime occurred. The elected state attorney in your judicial circuit makes the decision whether or not toprosecuteanyonewhomaybeguiltyofacrimecommittedinthatcircuit. Those who are unhappy with a ruling or feel acase has not been handled according to the law, should speak with an attorney about what appellate procedures may be available. The person who can best answer your legal questions is an attorney. If you need assistance in locating an attorney,pleasecalltheFloridaBar'sReferralServiceat18003428011. It is notable that Attorney General Pam Bondi is a statewide elected official who has administrativeauthorityovertheFloridaDepartmentofLegalAffairs.TheDepartmentisnotan executive agency under the administration of the Governor and the Attorney General's Office doesnotadministertheofficesoflocallyelectedstateattorneys. Your best source of assistance for issues that should be resolvedthrough the court system is to consult a licensed attorney. We are sorry we are unable to be of further assistance. Please knowthisisduetoalackofjurisdiction,notalackofconcern. Thankyouagainforwriting. Sincerely, WarrenDavis OfficeofCitizenServices ExecutiveOfficeoftheGovernor
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26 September 2013 Victoria Frigo Senior Staff Attorney MIAMI-DADE COUNTY COMMISSION ON ETHICS AND PUBLIC TRUST Miami, Florida Subject: Sunshine Law Application to City Attorneys at Commission Meetings Dear Ms. Frigo: I have taken your advice and have re-visited Florida Attorney General Pamela Bondis website. It appears that your opinion, that The Sunshine Law is not violated when one commissioner speaks to someone who does not serve as a cocommissioner on the same collegiate body, is erroneous. You will recall that the context of my inquiry involved private discussions held on the dais by the city attorney for the City of Miami Beach with one of its commissioners during a regular public meeting of the commission. Several people witnessed the two conversing privately offmicrophone during the meeting. I asked if the private chat was subject to the Sunshine Law or if it was protected by attorney-client privilege. It appears from the record that such conversations are indeed covered by the Sunshine Law, are not subject to attorney-client privilege, and should be heard and recorded as public record, at least according to the Florida Supreme Court and the Attorney General. The only question, settled long ago in the affirmative, has been whether a meeting by a council with its city attorney to discuss pending litigation is subject to the law. Page 24 of the Attorney Generals 2012 Government in the Sunshine Manual bears this statement under item 4. Legal matters: In the absence of a legislative exemption, discussions between a public board and its attorney are subject to s. 286.011, F.S. Neu v. Miami Herald Publishing Company, 462 So. 2d 821 (Fla. 1985) (s. 90.502, F.S., providing for the confidentiality of attorneyclient communications under the Florida Evidence Code, does not create an exemption for attorneyclient communications at public meetings; application of the Sunshine Law to such discussions does not usurp Supreme Courts constitutional authority to regulate the practice of law, nor is it at odds with Florida Bar rules providing for attorneyclient confidentiality). Cf. s. 90.502(6), F.S., stating that a discussion or activity that is not a meeting for purposes of s. 286.011, F.S., shall not be construed to waive the attorneyclient privilege. And see Florida Parole and Probation Commission v. Thomas, 364 So. 2d 480 (Fla. 1st DCA 1978), stating that all decisions taken by legal counsel to a public board need not be made or approved by the board; thus, the decision to appeal made by legal counsel after private discussions with the individual members of the board did not violate s. 286.011, F.S. There are statutory exemptions, however, which apply to some discussions of pending litigation between a public board and its attorney.
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In Neu v Miami Herald, the Court agreed to declare on the issue because it was of great public importance: Because of the continuing significance of the issue, the court certified the following question of great public importance: Whether the Sunshine Law applies to meetings between a City Council and the City Attorney held for the purpose of discussing the settlement of pending litigation to which the city is a party. State ex rel. Reno, 434 So.2d at 1036. We answer the question affirmatively and approve the decision of the district court. The petitioners wanted the Court to construe 286.011 narrow and hold that it applies only to the meetings where official actions and acts are approved by the governing body. The Court, as we can see, refused, therefore the same rule applies to all meetings. The Courts broad construction was cited in the Florida Attorney General Robert A. Butterworths Advisory Legal Opinion, Number AGO 97-61, dated September 15, 1997, in respect to conversations with school board members with a school board attorney: In sum: 1. Discussions regarding school business between individual school board members and the school board attorney are not attorney-client conversations and, therefore, are not privileged communications. 2. A school board attorney may memorialize, in writing, any conversations with an individual school board member or the superintendent. These documents are public records subject to inspection and copying pursuant to section 119.07(1), Florida Statutes (1996 Supplement). 3. No violation of any constitutional due process or privacy right of either the custodian or the subject of public information would occur if such information is discussed or considered by the school board attorney and the board members and the superintendent. ... The Government in the Sunshine Law has been construed to apply to all meetings between governmental agencies and their attorneys. In 1993, the Legislature enacted a specific exemption from the open meetings requirement of section 286.011(1), Florida Statutes, for meetings between an entity's attorney and certain designated individuals to discuss settlement negotiations or strategy sessions related to litigation expenditures. However, as this office recognized in Attorney General's Opinion 95-6: "Section 286.011(8), Florida Statutes, does not create a blanket exception to the open meeting requirement of the Sunshine Law for all meetings between a public board or commission and its attorney. The exemption is narrower than the attorney-client communications exception recognized for private litigants. Only discussions on pending litigation to which the public entity . . . is presently a party are subject to its terms. Such discussions are limited to settlement negotiations or strategy sessions related to litigation expenditures."

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These opinions support the previous objection I made to your opinion to the contrary, and objection based upon my laymans understanding of the intent of the legislation after a plain reading of the statute itself, to which I believe attorneys should directly go to before considering anything people might say about it. Perhaps you have available some higher authority to support your opinion given your expertise, experiential wisdom, and research tools, and would like to reveal what it is instead of further reference to the Office of Attorney General. That would dovetail with the Ethics Commissions core purpose of educating the public. The Ethics Commission, or rather its staff, advertises that it will consider issues outside of its narrow jurisdiction, and, if it suspects some law has been violated, will refer the matter to the State Attorneys Office, to which it has special access. As you probably know, the Attorney General is precluded by law from rendering a legal opinion to private parties, and normally refers all questions back to the very local authorities who are not inclined to answer questions or to beg askance of the Attorney General on the instant issue. I went down that road and was run around the bush. Or the Attorney General naturally advises the inquirer to hire an attorney. The Florida Bar kindly sent me a September 16, 2013, article published by the Herald-Tribune, entitled, Learning about Sunshine - Public officials should take time to study Florida's opengovernment laws. The bottom line is, Nothing beats expert advice from a lawyer. So, the Sarasota County Bar Association is teaming with the Florida attorney general's office to provide a local workshop on the laws. Attorney Pat Gleason, the attorney general's special counsel for open government, will lead a learning session in Sarasota on Oct. 11. Non-lawyers like me generally do not have the means or the privilege of attending such workshops, yet everyone concerned should know what the law in order to abide by it whether they have a monopoly on practicing law or not. I am told that an attorney specializing in Sunshine Law may cost the inquirer from $250 - $500 per hour. In conclusion, I pray that you will provide some superior authority than your word to support your opinion that city attorneys may have secret conversations on the dais with city commissioners, as was witnessed in Miami Beach, without violating the Sunshine Law. Or, if you agree with my lay understanding of the information available to me, to take such steps as necessary to have it confirmed or denied by the Attorney General so that the correct interpretation of the law may be published far and wide. Sincerely, David Arthur Walters Cc: Governor of the State of Florida The Florida Bar Attorney General of the State of Florida

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