HomeMy WebLinkAboutRe Request for clarification (5)Anthony,
Thank you very much for the prompt response!
Have a good day,
Wes
On Jun 26, 2019, at 10:38 PM, Anthony A. Garganese
<agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> > wrote:
I’d be happy to respond. The September 6, 2016 City Council
agenda item and minutes regarding the hiring of an advisory hearing
officer speak for themselves. The advisory hearing officer was intended
to assist the City Council with conducting Mr. Lennon’s variance appeal
pursuant to City Code not to conduct some independent “witch-hunt” on
Mr. Lennon’s unfounded accusations against City officials. At the time
he filed his notice of variance appeal on August 26, 2016 to be heard
before the City Council, Mr. Lennon had also filed an ethics complaint
against the Mayor and a criminal complaint against Mr. Dickey related to
Oak Lane and the Sheropa variance matter. Both complaints were deemed
unfounded and not pursued by the respective agencies to which Mr. Lennon
filed his complaints. Thereafter, during a period of two years,
circumstances substantially changed regarding the appeal. These
circumstances are described in detail in the City Council Agenda Item
presented at the appeal hearing held on October 2, 2018. Thus, an
advisory hearing officer was no longer necessary by the time the City
Council was finally in a position to conduct an appeal hearing and
render a final decision on Mr. Lennon’s appeal on October 2, 2018.
Accordingly, based on this final decision by Council, the City considers
this matter closed.
Regards,
Anthony A. Garganese
City Attorney
<image003.jpg>
Anthony A. Garganese, Esquire
Board Certified City, County & Local Government law
Garganese, Weiss, D’Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32801
P.O. Box 2873 (32802-2873)
Phone (407) 425-9566
Fax (407) 425-9596
Kissimmee (321) 402-0144
Cocoa (866) 425-9566
Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net <http://www.orlandolaw.net/>
Email: agarganese@orlandolaw.net
<mailto:agarganese@orlandolaw.net>
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From: Wes Morrison [mailto:W.Morrison@cityofcapecanaveral.org]
Sent: Wednesday, June 26, 2019 8:20 PM
To: David Greene <D.Greene@cityofcapecanaveral.org
<mailto:D.Greene@cityofcapecanaveral.org> >
Cc: David Dickey <D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> >; Anthony A. Garganese
<agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; Daniel
LeFever <D.LeFever@cityofcapecanaveral.org
<mailto:D.LeFever@cityofcapecanaveral.org> >; Patrice Huffman
<P.Huffman@cityofcapecanaveral.org
<mailto:P.Huffman@cityofcapecanaveral.org> >; Brenda Surprenant
<b.surprenant@cityofcapecanaveral.org
<mailto:b.surprenant@cityofcapecanaveral.org> >; Alicia Spring
<asrapp@aol.com <mailto:asrapp@aol.com> >; Mia Goforth
<M.Goforth@cityofcapecanaveral.org
<mailto:M.Goforth@cityofcapecanaveral.org> >; Bernie Lennon
<bernierps@me.com <mailto:bernierps@me.com> >
Subject: [EXTERNAL] Re: Request for clarification
David,
The email below was sent from resident Bernie Lennon to the City
Council and copied Staff. He states in his email that he has requested
an update on the hiring of an independent advisory hearing officer more
than a dozen times and has been ignored each time.
Would you please provide an update to me since the decision was
made by Council on 9/6/16 in the recorded in the attached minutes?
Thank you,
<https://url.emailprotection.link/?bKDznT66qPWPJO-dP5aLGqYR1Gg55ZIVcQu9Y
IXKmayZ8DdI0CStb99QbAHESuqQ3rQxYoUVIYUX0dYnTG40Ne15uUQ7ovVk1LapydcAK1VZX
ZJ5IBMksBntg620xXXle>
Wes Morrison
City Council Member
w.morrison@cityofcapecanaveral.org
<mailto:m.goforth@cityofcapecanaveral.org>
321-593-2335 cell <tel:(321)%20868-1220> 321-868-1248
<tel:(321)%20868-1248> fax
105 Polk Avenue. P.O. Box 326
Cape Canaveral, FL 32920
www.cityofcapecanaveral.org
<https://url.emailprotection.link/?bKDznT66qPWPJO-dP5aLGqYR1Gg55ZIVcQu9Y
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Launch your connection…
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________________________________
From: Bernie Lennon <bernierps@me.com <mailto:bernierps@me.com>
>
Sent: Sunday, June 2, 2019 4:55 PM
To: Mia Goforth
Cc: David Dickey; Anthony Garganese; Daniel LeFever; Patrice
Huffman; Brenda Surprenant; CouncilMembers; Alicia Spring;
kwharris2@fbi.gov <mailto:kwharris2@fbi.gov>
Subject: Re: Request for clarification
6/2/2019
Honorable Mayor Hoog and Council Members of the City of Cape
Canaveral.
I request the following agenda item be placed on the earliest
possible City Council meeting: The 9/6/2016 hiring of Mr. D. Andrew
Smith, an independent hearing officer, to investigate accusations of
corruption on the part of the City of Cape Canaveral.
On 8/29/2016, I called the home of Douglas Raymond who was the
Chairman of the Board of Adjustment for the Sheropa Housing Development
hearing on 8/23/2016. Angela Raymond answered the phone. I asked if her
husband had in fact received information from 3 certified letters I sent
to David Dickey, and which he entered into public record as being shared
with members of the Board of Adjustment. Angela said it would be
inappropriate for her to discuss the issue. She then asked if I like
chocolate chip cookies. I said yes and about an hour later she arrived
at my home with cookies. I gave Angela copies of the 3 letters and she
asked if we could go out and look at the problems on Oak Lane. While out
on Oak Lane we met with other neighbors and we all explained to Angela
our problems. Angela said she was running for City Council to break up
the good old boys network that had taken control of the City of Cape
Canaveral. About 20 minutes after our meeting concluded, Angela called
from her home informing me this was the first time her husband saw my
letters. David Dickey never gave that information to members of the
Board of Adjustment, despite the public record to the contrary.
With this information I went to the Brevard County Sheriff’s
office the next day to file a complaint against David Dickey for
falsifying government records and numerous other issues regarding the
Sheropa Housing Development. Brevard County Sheriff Officer Susan
Johnson started an investigation and called Cape Canaveral City Attorney
Anthony Garganese. Mr Garganese stoped the police investigation by
telling Officer Johnson he would address the matter within 30 to 60
days. On 9/6/2016, the City Council approved the hiring of independent
advisory hearing officer Mr. D. Andrew Smith to conduct an evidentiary
hearing in order to prepare a report to establish “findings of fact and
conclusions of law.” Over the last 2 and a half years I have requested
an update on this issue more than a dozen times and have been ignored
each time.
Since the hiring of an independent advisory hearing officer
there have been additional issues with falsifying government documents.
The following is just one example.
On 11/15/2016, Cypress LLC manager submitted a survey of the
entire Oak Lane neighborhood to the City of Cape Canaveral. That survey
was prepared for & certified to: Terri L. Bowman, Manager Cypress
Shareholder. She paid Geodata Consultants, Inc to prepare that survey.
On 8/28/2018, City Attorney Garganese had a lengthy meeting with John
Campbell to perform another survey of Oak Lane. On 9/4/2018, John
Campbell agreed to perform a high priority expedited survey for
$11,600.00. On 9/21/2018, David Dickey scheduled an appeals hearing with
City Council to be held on 10/2/2018 for the Sheropa housing developer
that would require the Campbell Survey. Since Campbell did not complete
his survey until 2/25/2019 and the City altered it on 4/10/2019, it was
not used at the Sheropa hearing. On 5/2/2019, David Dickey sent me a
letter informing of a 5/15/2019 meeting involving the Campbell Survey.
At the 5/15/2019 meeting in Council Chambers, City Attorney Garganese
praised John Campbell on “his" very, very detailed survey and how it
goes beyond what other surveyors would perform. John Campbell accepted
his praise. The problem is Mr Campbell’s survey is actually the same
survey submitted to the City of Cape Canaveral by Terri Bowman on
11/15/2016. Mr. Campbell removed Geodata’s logo, signature, and seal,
and replaced it with his own. For the purpose of assisting the Sheropa
housing development, he moved the boundary of Oak Lane north onto my
property in opposition to the deeds given to the City by the County in
1977. He also shifted 3 parcels east to assist Sheropa housing
development with side setbacks, also in opposition to the deeds.
It would be in the best interest of all residents of Cape
Canaveral for the City Council to get the Independent Advisory Hearing
Officer back on track.
Thank You.
Bernie Lennon
126 Oak Lane
Cape Canaveral, FL. 32920
abc777@cfl.rr.com <mailto:abc777@cfl.rr.com>
On May 30, 2019, at 3:09 PM, Mia Goforth
<M.Goforth@cityofcapecanaveral.org
<mailto:M.Goforth@cityofcapecanaveral.org> > wrote:
Mr. Lennon,
In response to your email below and on behalf of the
Staff of the City’s Community Development Department so that they may
assist you:
1. Staff is not aware of “survey sheets 1 and 3”
related to the Oak Lane survey project
2. Staff is not aware of any “working documents”
3. Can you provide direction or clarification on
where the reference to these documents come from?
4. The attached document is a copy of the letter
(unaddressed) from you that City Attorney Garganese forwarded to us on
Monday, May 20th. The fee estimate of $52.30 was based upon the fact
that a portion of the letter is in regard to what we believed to be a
request for public records from you to the City. If you are retracting
that request for records from the City, than there will be no fee
required.
We will await your response.
If you have questions, please contact me.
Thank you
Mia
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<https://url.emailprotection.link/?bKDznT66qPWPJO-dP5aLGqYR1Gg55ZIVcQu9Y
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Mia Goforth, CMC
City Clerk/Records Custodian/
ADA Coordinator
m.goforth@cityofcapecanaveral.org
<mailto:m.goforth@cityofcapecanaveral.org>
321-868-1220 Ext 207 321-868-1248 fax
100 Polk Avenue /P.O. Box 326
Cape Canaveral, FL 32920
www.cityofcapecanaveral.org
<https://url.emailprotection.link/?bKDznT66qPWPJO-dP5aLGqYR1Gg55ZIVcQu9Y
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usCFaax_7mLAMYax960z>
From: Bernie Lennon [mailto:bernierps@me.com
<mailto:bernierps@me.com> ]
Sent: Tuesday, May 28, 2019 11:40 AM
To: Daniel LeFever <D.LeFever@cityofcapecanaveral.org
<mailto:D.LeFever@cityofcapecanaveral.org> >
Cc: David Dickey <D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> >; Anthony Garganese
<agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; Brenda
Surprenant <b.surprenant@cityofcapecanaveral.org
<mailto:b.surprenant@cityofcapecanaveral.org> >; Patrice Huffman
<P.Huffman@cityofcapecanaveral.org
<mailto:P.Huffman@cityofcapecanaveral.org> >; Mia Goforth
<M.Goforth@cityofcapecanaveral.org
<mailto:M.Goforth@cityofcapecanaveral.org> >; CouncilMembers
<CouncilMembers@cityofcapecanaveral.org
<mailto:CouncilMembers@cityofcapecanaveral.org> >; Alicia Spring
<asrapp@aol.com <mailto:asrapp@aol.com> >; kwharris2@fbi.gov
<mailto:kwharris2@fbi.gov>
Subject: Inaccurate survey to assist the Sheropa housing
development.
5/28/2019
Mr. LeFever,
There seems to be a misunderstanding. I prepared a list
of written questions for surveyor John Campbell (not City records)
because I was unable to attend in person due to improper notification of
the meeting. With the exception of question 17, Mr. Campbell should have
had all that information with him at that meeting. I do not understand
your $52.30 request for public records.Two weeks have passed and not a
single question has been answered. Mr. Dickey was aware some homeowners
would not be able to attend the May 15 meeting because of short notice.
However he was unwilling to accommodate all homeowner's schedules
because it would inconvenience the Sheropa housing developer. Can you
please reschedule this meeting so all homeowners can attend?
Keep in mind Question #17 is the most important.
Thank you.
Bernie Lennon
126 Oak Lane
5/15/2019
My name is Bernie Lennon 126 Oak Lane Cape Canaveral,
FL. I was given insufficient notice to this May 15, 2019 meeting. So I
have prepared a list of questions as follows.
All the questions refer to the survey prepared by John
Campbell on 2/25/2019 mailed to me by David Dickey on 5/2/2019. Mr.
Campbell’s survey is a copy of the survey submitted to the City by Terri
Bowman on 11/15/2016 prepared by Geodata Consultants, Inc. Terri
Bowman’s survey appears accurate in every way. Terri’s survey also
matches the survey I submitted to the city and it matches the
Right-of-Way markers installed by the City of Cape Canaveral.
However, Campbell’s survey has some differences leading
to inaccuracies.
1. Can I have access to the working documents and
City comments added 4/10/19?
2. Can I have access to survey sheets 1 and 3 of
the above mentioned survey?
3. Why has this expedited survey taken over 8 month
to complete?
4. Why does the survey depict Oak Lane as dirt and
gravel when the entire length of Oak Lane is approximately 4 to 6 inches
thick asphalt? Keep in mind the Sheropa housing development has created
drainage problems that have silted parts of the road.
5. Why does the survey depict parcel A.17 as being
11.61 feet further east from what the Deed recorded in ORB 206 PG 577
describes as it is labeled on the Campbell survey?
6. Why does the survey depict parcel A.09 as being
11.61 feet further east from what is described in Deed Book 745 page 459
as labeled on the Campbell survey?
7. Why has the west line of Circle K been moved
11.61 feet east from what is described in Deed Book 762 pg 200? Keep in
mind this change will make Circle K in violation of City code and
considerably reduce the size of parcel B.
8. Why has the 1 and 1/2 inch iron pipe that has
been used to locate the N.W. corner of Oak Lane and most of the parcels
surrounding Oak Lane been removed and a 4”X4” concrete monuments with
brass disk marked with surveyors number been installed 1.2 feet north of
that location?
9. Why have the two 4”X4” concrete monuments
indicating the north line of Oak Lane Right-of-Way been moved 1.2 feet
north of what is described in Deed ORB 319 page 126 and Deed ORB 364 pg
312 and the unrecorded Deed prepared by Allen Engineering for the City
of Cape Canaveral on July 19 1978?
10. Why has the west end width of Oak Lane been
marked as 51.2 feet when Deed ORB 319 pg 126, and ORB 364 pg 312, both
have it marked as 50 feet?
11. Why does the survey’s Legal Description have
58.55 feet when the Deed ORB 319 page 126 and Deed ORB 364 pg 312, and
the unrecorded Deed prepared by Allen Engineering for the City of Cape
Canaveral on July 19 1978, both have 62.0 feet?
12. Why does the survey’s Legal Description have
434.95 feet when the unrecorded Deed prepared by Allen Engineering for
the City of Cape Canaveral on July 19 1978 has 425.5 feet?
13. Why does the survey’s Legal Description have
67.85 feet when the Deed ORB 5 page 528, and the unrecorded Deed
prepared by Allen Engineering for the City of Cape Canaveral on July 19
1978, both have 66.5 feet?
14. Why has the note copied from Terri Bowman’s
survey “FOUND 5/8” IRON ROD & CAP LB 7715 SW CORNER PARCEL A.17” have
the locating dot missing?
15. Will the buyers of 127 Oak Lane be forced to
also hire an attorney when they learn their air conditioning unit is
sitting on land owned by Suzanne Turner at 123 Oak Lane?
16. Can I please have a copy of the Campbell Survey
that has all of the above corrections?
17) I have made some serious allegations against the
City of Cape Canaveral’s mishandling of this Sheropa housing
development. In response, the City Council (September 2016) approved the
hiring of independent hearing officer (Mr. D Andrew Smith) to conduct an
evidentiary hearing in order to prepare a report to establish “findings
of fact and conclusions of law.”
Is it appropriate for the City to continue assisting the
Sheropa developer before this report is complete?
Please allow me a minimum of 14 days to inspect the
written answers to these questions before issuing a certificate of
occupancy to 127 Oak Lane.
Thank you
Bernie Lennon
126 Oak Lane
Cape Canaveral
bernierps@me.com <mailto:bernierps@me.com> On
May 23, 2019, at 3:22 PM, Daniel LeFever
<D.LeFever@cityofcapecanaveral.org
<mailto:D.LeFever@cityofcapecanaveral.org> > wrote:
Good afternoon Mr. Lennon,
Please see the attached Fee Estimate.
Staff have analyzed your request and have
estimated two (2) hours Staff time to process and fulfill this request.
Payment will be required before Staff moves
forward in preparing fulfillment of your request.
Thank you.
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<https://url.emailprotection.link/?bKDznT66qPWPJO-dP5aLGqYR1Gg55ZIVcQu9Y
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Daniel LeFever
Deputy City Clerk
D.LeFever@cityofcapecanaveral.org
<mailto:D.LeFever@cityofcapecanaveral.org>
321-868-1220 Ext 206 / 321-868-1248 fax
100 Polk Avenue / P.O. Box 326
Cape Canaveral, FL 32920
www.CityofCapeCanaveral.org
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From: Mia Goforth
Sent: Monday, May 20, 2019 1:35 PM
To: bernierps@me.com <mailto:bernierps@me.com>
Cc: David Dickey
<D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> >; Anthony Garganese
<agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; Daniel
LeFever <D.LeFever@cityofcapecanaveral.org
<mailto:D.LeFever@cityofcapecanaveral.org> >; Brenda Surprenant
<b.surprenant@cityofcapecanaveral.org
<mailto:b.surprenant@cityofcapecanaveral.org> >; Patrice Huffman
<P.Huffman@cityofcapecanaveral.org
<mailto:P.Huffman@cityofcapecanaveral.org> >
Subject: PRR re Oak Lane received by City
Attorney 5-15-19 - Acknowledgement
Importance: High
Good afternoon Mr. Lennon,
The City acknowledges your request related to
the attached letter for:
1. #1 - “…access to the working documents
and City comments added 4/10/19?” and
2. #2 - “access to the survey sheets 1 and
3…?”
3. #16 - please see the highlighted
response below regarding your attached letter.
Community Development Staff will review/analyze
this request and respond within the next 1-3 working days as to when you
may inspect the records requested.
If you have questions, please contact me.
Thank you
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<https://url.emailprotection.link/?bKDznT66qPWPJO-dP5aLGqYR1Gg55ZIVcQu9Y
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Mia Goforth, CMC
City Clerk/Records Custodian/
ADA Coordinator
m.goforth@cityofcapecanaveral.org
<mailto:m.goforth@cityofcapecanaveral.org>
321-868-1220 Ext 207 321-868-1248 fax
100 Polk Avenue /P.O. Box 326
Cape Canaveral, FL 32920
www.cityofcapecanaveral.org
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From: Anthony A. Garganese
[mailto:agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> ]
Sent: Monday, May 20, 2019 12:59 PM
To: David Dickey
<D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> >; John@campbellsurveying.com
<mailto:John@campbellsurveying.com>
Cc: Mia Goforth
<M.Goforth@cityofcapecanaveral.org
<mailto:M.Goforth@cityofcapecanaveral.org> >
Subject: FW: [EXTERNAL] Attached Image
Importance: High
David and John,
This document was given to me by Alicia Spring
after the community meeting regarding the Oak Lane Survey last
Wednesday. Because I was out of town immediately after the meeting, I
was not able to send it before today. Please review and we can discuss.
Also, I believe Alicia said that she would be providing written comments
to the City. Have we received any?
Lastly, for Mia, please note that a portion of
this letter is asking for public records – Items # 1 and 2. As for
Item #16, no such record exists and presumes corrections are required or
will be made based on his letter.
Regards,
Anthony
<image007.jpg>
Anthony A Garganese | Esquire
Board Certified City, County & Local Government
Law
Garganese, Weiss, D’Agresta, & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32801
P.O. Box 2873 (32802-2873)
Phone (407) 425-9566
Fax (407) 425-9596
Cocoa (866) 425-9566
Website: www.orlandolaw.net
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Email: agarganese@orlandolaw.net
<mailto:agarganese@orlandolaw.net>
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Thank you.
Florida has a very broad public records law. As
a result, any written communication created or received by the City of
Cape Canaveral officials and employees will be made available to the
public and/or media upon request, unless otherwise exempt. Under Florida
Law, email addresses are public records. If you do not want your email
address released in response to a public-records request, do not send
electronic email to this entity. Instead, contact our office by phone or
in writing
Florida has a very broad public records law. As
a result, any written communication created or received by the City of
Cape Canaveral officials and employees will be made available to the
public and/or media upon request, unless otherwise exempt. Under Florida
Law, email addresses are public records. If you do not want your email
address released in response to a public-records request, do not send
electronic email to this entity. Instead, contact our office by phone or
in writing
Florida has a very broad public records law. As
a result, any written communication created or received by the City of
Cape Canaveral officials and employees will be made available to the
public and/or media upon request, unless otherwise exempt. Under Florida
Law, email addresses are public records. If you do not want your email
address released in response to a public-records request, do not send
electronic email to this entity. Instead, contact our office by phone or
in writing <cco_draft_prr_estimate_re_blennon_201905.pdf>
Florida has a very broad public records law. As a
result, any written communication created or received by the City of
Cape Canaveral officials and employees will be made available to the
public and/or media upon request, unless otherwise exempt. Under Florida
Law, email addresses are public records. If you do not want your email
address released in response to a public-records request, do not send
electronic email to this entity. Instead, contact our office by phone or
in writing
Florida has a very broad public records law. As a
result, any written communication created or received by the City of
Cape Canaveral officials and employees will be made available to the
public and/or media upon request, unless otherwise exempt. Under Florida
Law, email addresses are public records. If you do not want your email
address released in response to a public-records request, do not send
electronic email to this entity. Instead, contact our office by phone or
in writing <1700_001.pdf>
Florida has a very broad public records law. As a result, any
written communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing
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