Filing # 87865693 E-Filed 04/11/2019 05:35:45 PM

IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA
CIVIL DIVISION

Case No. 16-006722-CI

JAMES MCLYNAS,
Plaintiff,

vs.

BOB GUALTIERI
IN HIS OFFICIAL CAPACITY AS
SHERIFF OF PINELLAS COUNTY,
FLORIDA.
Defendant.
__________________________________/

PLAINTIFF’S SECOND REQUEST TO PRODUCE

COMES NOW, the PLAINTIFF, JAMES MCLYNAS, by and through undersigned

counsel and pursuant to Fla.R.Civ.P. 1.350, and hereby requests that DEFENDANT, SHERIFF
BOB GUALTIERI), produce and permit counsel for the Plaintiff to inspect and copy the
documents requested herein at THEOPHILOPOULOS LAW, P.A., 649 E. Tarpon Ave., Tarpon
Springs, FL 34689 by such time as provided by the Florida Rules of Procedure:

I. Instructions
If you refuse to produce any document covered by this request under claim of
privilege or immunity, furnish a list identifying each document for which the
privilege or immunity is claimed, together with the following information: the date,
author, recipient, persons to whom copies are furnished, together with their job titles,
subject matter, all bases on which the privilege or immunity is claimed, the person on
whose behalf the privilege is asserted and the paragraph of this request to which such
document relates.

If any requested Document was, but is no longer in your possession or subject to your
control, state what disposition was made of it and the reason for its disposition.

II: Definitions
As used herein, the following terms are defined as follows:
A: “Defendant” means SHERIFF BOB GUALTIERI and the PINELLAS COUNTY
SHERIFF’S OFFICE, and any of their respective representatives, employees, agents,
 attorneys, an all other persons acting or purporting to act on their behalf to the extent
that they created, received, or reviewed documents requested herein.

B. The term “document(s) means any written or graphic matter or other means of
preserving thought or expression and all tangible things from which information can
be processed or transcribed, however produced or reproduced and whether sent or
received, including drafts, the originals and all non-identical copies, whether different
from the original by reason of any notation made on such copies or otherwise,
including but not limited to, papers, books, accounts, letters, photographs, objects,
correspondence, telegrams, cables, telex, teletype, or other messages, memoranda,
notes, desk calendars, pamphlets, bulletins, printed matter, charts, ledgers, invoices,
worksheets, receipts, returns, including tax returns, financial statements, prospectuses,
schedules, cancelled checks, statements, magazines or newspaper articles, releases,
diaries, chronological data, notations, work papers, meetings or other
communications, transcripts, minutes, reports, and recordings of telephone or other
conversations or reports or interviews of other meetings, telephone logs, affidavits
studies, summaries, opinions, indices, analyses, evaluations, insurance policies,
contracts, licenses, agreements, balance sheets, income statements, questionnaires,
answers to questionnaires, statistical records, appointment books, lists, tabulations,
graphs, maps, surveys, and any and all drafts, alterations and modifications, changes
and amendments of any of the foregoing sound recording, data sheets, computer
tapes, disks, magnetic tapes, punch cards, computer printouts, data processing input
and output, computer programs, computer program coding sheets, microfiche,
microfilms, videotape, electronic mail, recordings and all other records or
representations kept by electronic, graphic aural, photographic or mechanical means,
regardless of their author or origin.

C. The term “all documents” means every document or group of documents as

defined above that are known to you or that can be located or discovered by
reasonably diligent efforts.

III. DOCUMENTS REQUESTED

Please provide the following documents:

1. All records from the Sheriff and/or the Pinellas County Sheriff’s Office that show that a
refund was provided to a public records requester for being over charged a fee based on an
estimate to produce those particular records requested, for the time period of December 2016
to the present date.
2. All records from the Sheriff and/or the Pinellas County Sheriff’s Office that show that a
refund was provided to a public records requester for being over charged a fee based on an
estimate to produce those particular records requested, for the time period of 2012 through
December 2016.
3. All records that document how any refund from a public records request was monitored,
tracked, calculated or determined to be an “overcharge” based on an estimate that was
provided by the Sheriff and/or the Pinellas County Sheriff’s Office records department from
2012 through the present date.
4. All records related in any way to the public records request number P013040-062818 from a
Mr. Crowder including but not limited to;
a) the actual records request;
b) any responses to or from Mr. Crowder;
c) all documents and records related as to how any estimate to produce the
records was calculated or derived;
d) all records that relate in any way to any refund provided to Mr. Crowder
including all records displaying exactly how it was determined that Mr. Crowder had been
overcharged;
e) any and all records that show how many exact minutes were expended by
the Sheriff or his records department to produce Mr. Crowder’s records.
5. Any and all records that details how the Sheriff and/or the Pinellas County Sheriff’s records
department monitors, tracks and verifies the “actual cost” or the “actual time expended”
producing records after an “estimate” for producing records has been provided to a citizen
and paid by them.
6. Any and all policies, manuals, procedures or practices that are used by the Sheriff and/or the
Pinellas County Sheriff’s Office to track the actual number of minutes expended in order to
produce a records request.
7. Since the Pinellas County Sheriff’s Office estimates bills and charges by the minute and or
hour for labor in retrieving records requests, and in the past allowed one free hour of time to
produce such records, provide any and all records that show how that free hour of labor was
actually monitored, tracked and documented on any and all records requests.
8. From 2012 through December 2016, provide any policy and/or procedure documentation for
the Sheriff and/or the Pinellas County Sheriff’s Office, that required a records requestor to
pay for records produced after the allotted free time provided by the Sheriff, otherwise the
records requestor would not receive the records produced during the allotted free time
provided by the Sheriff.
9. Since the Pinellas County Sheriff’s Office estimates, bills and charges by the minute for
records request labor, and is currently allowing 15 minutes of free labor time to produce such
records, provide any and all records concerning department policy or procedure that show
how that free 15 minutes of labor was actually monitored, tracked and documented on any
and all records requests.
10. Produce any and all public records request responses from the Sheriff and/or the Pinellas
County Sheriff’s records department from 2012 through December 2016, where the Sheriff
and/or the Pinellas County Sheriff’s records department “bundled” multiple records requests
into one single records request and then provided a single estimated cost of producing those
records even though the requests were separately made.
11. Any and all letter from 2012 through December 2016 where the Sheriff and/or the Pinellas
County Sheriff’s records department informed a public records requestor that the requestor
would need to close out or withdraw any, all, or some of their previous records requests that
were not paid for, before the Sheriff or the records department would provide any additional
records or records estimates.
12. Any and all communications or “form letters” from January 1, 2013 to the present date where
Sheriff Gualtieri’s records department informed any records requestors that they would need
pay previously estimated, but not completed records requests, before Sheriff’s Gualtieri’s
records department would provide any additional records or records estimates.
13. Any and all communications or “form letters” from January 1, 2013 to the present date
where Sheriff Gualtieri’s records department “bundled” multiple separate records requests
into one request with one fee for any person or entity that requested public records.
14. A copy of any and all laws, statutes, Attorney General’s Opinions, rules or regulations that
the Sheriff relied upon in order to refuse to provide a citizens subsequent records requests if
the requestor had failed or refused to pay for previous “estimates” provided by the Sheriff to
a public records requestor.
15. A copy of any and all laws, statutes, Attorney General’s Opinions, rules or regulations that
Sheriff Robert Gualtieri relied upon to legally refuse to comply with a citizens records
requests if the requestor failed or refused to withdraw or cancel previous records requests.
16. Any and all records that show where Mr. McLynas was invited or permitted by Sheriff
Robert Gualtieri or the Pinellas County Sheriff’s records department to come to the Pinellas
County Sheriff’s office to physically inspect the records that Mr. McLynas had requested to
inspect under Title X, Chapter 119.
17. A copy of any and all laws, statutes, Attorney General’s Opinions, rules or regulations that
Sheriff Robert Gualtieri relied upon to legally refuse to allow Mr. McLynas to physically
come to the Pinellas County Sheriff’s Office during reasonable times to inspect and
photograph records.
18. From 2012 through December 2016, all records related in any way to any public records
request from Mr. James McLynas or any email address associated with Mr. McLynas that
request any emails from or to Sheriff Robert Gualtieri including but not limited to;
a) The actual records request,
b) any responses from or to Mr. McLynas,
c) all documents and records related in any manner to how any estimate to
produce the records was calculated or derived,
d) All records that relate in ANY way to any communications between ANY
party that in any way relate to Mr. McLynas’ records requests for any of
Sheriff Gualtieri’s emails.
e) any and all emails or communications from or to Sheriff Robert Gualtieri
related in any way to Mr. James McLynas.
19. Between 2012 and December 2016, any and all records that show that a pubic records
requestor asked the Sheriff and/or the Pinellas County Sheriff’s office to provide a break
down and/or detailed billing or explanation of fees charged for pubic records requests and the
responses that were given to those requests by the Sheriff.
20. From 2012 through December 2016, any and all communications, directives, emails or other
records where Sheriff Gualtieri discussed in any way Mr. McLynas or Mr. McLynas’ records
requests.
21. Any and all emails or communications of any type or form to or from the Sheriff’s employee,
Paul Rozelle that in any manner or form relate to Mr. James McLynas or Mr. McLynas’
records requests.
22. Any and all emails regarding James McLynas, to or from Paul Rozelle that in any way relate
to a Stingray tracking device or similar device, its use or the records relating to its use.
23. Any and all records of any type or form that are policy or procedure regarding the practice of
having “Affidavits” or “Pen Register Applications” or any other type of court order relating
to the use of Stingray cell phone tracking devices or similar devices completed at the State
Attorney’s Office.
24. From 2012 through December 2016, any and all records relating to Sheriff Gualtieri and the
Pinellas County Sheriff’s Office monitoring the website known as LEOaffairs.com posts.
25. From 2012 through December 2016, any and all records related to the investigation of a
person named “Rahl” that was posting comments on the website known as LEOaffairs.com.
26. From 2012 through December 2016, and an all records related to any criminal investigations
by Sheriff Gualtieri related to James McLynas.
27. Any and all records and or communications that in any manner relate to the letter, or the
decision to send the letter, or the decision to use the content within the letter, sent by Mollie
Taffee on March 11, 2014 to Mr. McLynas.
28. Any and all records and or communications that in any manner relate to the letter, or the
decision to send the letter, or the decision to use the content within the letter sent by Amanda
Pitts on July 6, 2018 responding to Mr. McLynas’ public records request P011725-062218.
29. Any and all documentation, records, memorandums, or emails regarding James McLynas
being prohibited from leaving responses or replies on the official Facebook page of the
Pinellas County Sheriff’s Office.
 CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the foregoing has been furnished by electronic email to
defense attorney for the Sheriff, Nicole E. Durkin, Esq., ndurkin@pcsonet.com, and to
amarcott1@pcsonet.com on this this April 11, 2019.

/s/ Gerasimos ‘Jerry’”Theophilopoulos

Gerasimos “Jerry” Theophilopoulos
THEOPHILOPOULOS LAW, P.A.
attorneyjerryt@gmail.com
rhondag.theolaw@gmail.com
Attorney for Plaintiff, McLynas
649 E. Tarpon Avenue
Tarpon Springs, FL 34689
Phone: (727) 945-1112
Florida Bar number 0068380