IN THE CIRCUIT COURT OF THE 117 JUDICIAL CIRCUIT IN AND FOR, MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. MIAMI HERALD MEDIA COMPANY, 11-04063 Ca 23 publisher of The Miami Herald, Plaintiff, v. TOMAS P. REGALADO, Defendant. eee eee eee ecce COMPLAINT COUNT I - Injunction a This is an action for injunctive relief to enforce Florida's Public Records Law. 2. ‘This Court has jurisdiction pursuant to Chapter 119, Florida Statutes. 3. Plaintiff Miami Herald Media Company (‘MHMC") is the publisher of The Miami Herald, a newspaper of general circulation in Miami-Dade County, Florida. MHMC uses public records, including records of the City of Miami and its public officials as some of its principal sources for newsgathering. 4. Defendant Tomas P. Regalado ("Regalado’) is the Mayor of the City of Miami. Regalado is a public agency as defined by §119.011(2), Florida Statutes and is, personally or through his designee — the custodian of the records at issue.Pursuant to §119.07, Florida Statutes, Regalado has a duty to permit the inspection, examination, and copying of the MDPD’s public records at a reasonable time and under reasonable conditions. 5. On January 12, 2011, MHMC delivered a written request (the “public records request”) to Rogalado. 6. The public records request asked for Regalado's telephone call records for October 2010. A copy of the public records request is attached as Exhibit A. 7. The documents requested by MHMC are public records within the meaning of Section 119.011(1), Florida Statutes, as they were made or received in connection with agency business and, additionally, are the final written memorialization of the transaction of agency business. 8. Regalado has refused to produce the public records requested by MHMC, 9. According to Section 119.11(1), Florida Statutes, “whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases.” 10, Failing to produce public records for inspection and impermissibly conditioning the delivery and inspection of public records upon the payment of charges that are beyond what is permitted by law constitute irreparable injury that is not ordinarily and, in this case, not compensable in damages. Unless the injunctive relief sought is ordered, Regalado will continue to violate Chapter 119.11. MHMC requests that the Court set an immediate hearing on its claim for injunctive relief pursuant to Section 119.11(1), Florida Statutes. 12, MHMC has retained the undersigned counsel and has agreed to pay counsel a reasonable attorneys’ fee. 13. MHMC requests that the Court award attorneys’ fees pursuant to Section 119.12, Florida Statutes. Wherefore, MHMC requests that the Court: (a) Set and hold the immediate hearing and thereafter enter an injunction ordering Regalado to produce to MHMC the requested records without the payment of the impermissible charges; (v) Award MHMC its attorneys' fees and costs incurred in obtaining such relief; and (Award MHMC sueh other and further relief as may be appropriate COUNT II - Mandamus 14. MHMC adopts the allegations set forth in paragraphs 2 through 10. 15. MHMC has a clear legal right to have Regalado make the public records requested (including those Regalado have simply failed to produce with no explanation) available for inspection without the payment of the impormissible charges. 16. Regalado has an indisputable legal duty to make the public records sought available for inspection and without the payment of impermissible charges. 17. MHMC has no adequate remedy at law