Florida Senate - 2012 (NP) SB 56 By Senator Siplin 19-00090A-12 201256__ 1 A bill to be entitled 2 An act for the relief of Brian Pitts; directing the 3 Division of Administrative Hearings to appoint an 4 administrative law judge to determine a basis for 5 equitable relief for the purpose of compensating Mr. 6 Pitts for any wrongful act or omission by the State of 7 Florida or officials thereof; requiring a report to 8 the Legislature; authorizing compensation upon a 9 determination by the administrative law judge; 10 providing an appropriation to compensate Mr. Pitts for 11 injuries and damages sustained; providing a limitation 12 on the payment of fees and costs; directing that 13 certain court orders and judgments be declared null 14 and void; authorizing Mr. Pitts to practice law under 15 certain circumstances; directing the Department of Law 16 Enforcement to investigate certain illegal acts 17 committed by certain persons; authorizing the 18 President of the Senate, Speaker of the House of 19 Representatives, and the Governor to sever portions of 20 this act under certain circumstances; providing an 21 effective date. 22 23 WHEREAS, this state has clearly recognized the practice of 24 law by lay persons since at least 1980 as declared in The 25 Florida Bar v. Moses, 380 So.2d 412, 416-418 (Fla. 1980) and The 26 Florida Bar re Advisory Opinion on Nonlawyer Representation in 27 Securities Arbitration, 696 So.2d 1178, 1180-1181, 1183-1184 28 (Fla. 1997), the Legislature and judiciary having concurrent 29 jurisdiction to regulate such, and 30 WHEREAS, Mr. Pitts has exercised this privilege since 2001 31 in Pinellas County, and his practice was later confirmed by the 32 Florida Supreme Court in case number SC02-247, in a final order 33 dated November 6, 2003, at clause (1) declaring “unless 34 otherwise authorized by Florida Statutes, court rule, case law, 35 administrative rule, or the rules regulating The Florida Bar,” 36 and 37 WHEREAS, since the inception of Mr. Pitts’ practice, the 38 Second District Court of Appeal, the Sixth Judicial Circuit of 39 Florida serving Pasco and Pinellas Counties, the State 40 Attorney’s Office for the Sixth Judicial Circuit of Florida, and 41 The Florida Bar have, without cause, continued to deprive Mr. 42 Pitts of the privilege of practicing law as prescribed by the 43 Legislature and Florida Supreme Court, subjecting him to civil 44 and criminal proceedings and penalties on an ongoing basis, and 45 WHEREAS, the Florida Supreme Court, by virtue of the broad, 46 general, and ambiguous language of its 2003 final order in case 47 number SC02-247, has subjected Mr. Pitts to entrapment, and has 48 needlessly and unjustly avoided and failed upon many requests by 49 Mr. Pitts to clarify or amend the final order or to promulgate 50 court rules through The Florida Bar following original 51 proceedings brought or suggested by Mr. Pitts to correct the 52 matter, and 53 WHEREAS, this course of misconduct has been ongoing from 54 2001 to 2010, such that the courts, The Florida Bar, and the 55 State Attorney’s Office for the Sixth Judicial Circuit of 56 Florida being in continual collusion against Mr. Pitts in cases 57 SC02-247, SC06-1279, CRCAB-65835CFANO, CRCAB-90407CFANO, CRC07 58 12964CFANO, CTC07-03965 MMANO, CTC03-01885MMANO, CTC03 59 01887MMANO, and CTC03-09855MMANO, and such action has resulted 60 in wrongful and unlawful incarcerations of Mr. Pitts in the 61 Pinellas County jail for a total of nearly 1 year, and 62 WHEREAS, the purpose of this course of misconduct was to 63 retaliate against Mr. Pitts and, by way of his detainment, to 64 thwart his pending pro se actions for relief from said collusion 65 by civil, appellate, or original proceedings directed to or from 66 the above criminal cases, and 67 WHEREAS, appearing pro se in many of his cases, Mr. Pitts 68 was complimented by several judges of the Sixth Judicial Circuit 69 for his exceptional degree of technical and performance 70 competence that would be expected of any trained and experienced 71 member of The Florida Bar, yet he was informed by express or 72 implied communication that he would not receive the relief 73 requested in any given proceeding unless represented by a member 74 of The Florida Bar, as a matter of camaraderie, and 75 WHEREAS, though appearing pro se in said cases and other 76 actions seeking relief from said collusion, Mr. Pitts was at 77 times represented by appointed counsel, however, such 78 proceedings proved to be futile because the proceedings were 79 staged by the courts and the State Attorney’s Office for the 80 Sixth Judicial Circuit of Florida to be illusory, and the courts 81 failed to abide by binding precedent and stare decisis, where 82 applicable, as well as Florida Rules of Court, as evidenced by 83 the series of filings in each case by Mr. Pitts, or his court 84 appointed counsel, hence depriving Mr. Pitts of procedural and 85 substantive due process, equal protection of the law, self 86 representation, and representation by counsel under the United 87 States Constitution, and 88 WHEREAS, the Second District Court of Appeal has declared 89 in Denson v. State, 711 So.2d 1225, 1230 (Fla. 2d DCA 1998) that 90 “appellate judges take an oath to uphold the law and the 91 constitution of this state. The citizens of this state properly 92 expect these judges to protect their rights. When reviewing an 93 appeal with a preserved issue, if we discover that a person has 94 been subjected to a patently illegal sentence to which no 95 objection was lodged in the trial court, neither the 96 constitution nor our own consciences will allow us to remain 97 silent and hope that the prisoner, untrained in the law, will 98 somehow discover the error and request its correction. If three 99 appellate judges, like a statue of the ‘see no evil, hear no 100 evil, speak no evil’ monkeys, declined to consider such serious, 101 patent errors, we would jeopardize the public’s trust and 102 confidence in the institution of courts of law”; compare, 103 Bedford v. State, 633 So.2d 13, 14 (Fla. 1994), yet they have 104 deliberately and intentionally, in concert with the Florida 105 Supreme Court justices, failed to abide by said rules of law as 106 to Mr. Pitts’ cases on appeal or by original proceedings brought 107 and maintained by him or his counsel, and 108 WHEREAS, the Pinellas County Sheriff’s Office further 109 participated in the concerted effort of the courts, The Florida 110 Bar, and the State Attorney’s Office by illegally incarcerating 111 Mr. Pitts in the Pinellas County jail during the time periods of 112 January 2003 through April 2004 and March 22, 2010, through July 113 4, 2010, and by refusing him administrative alternative 114 sentencing without cause, and by subjecting him to living 115 conditions and circumstances in violation of Florida Model Jail 116 Standards (2.15)(c), (9.08), (9.06)(b), (5.08)(a)&(c)(1)-(8), 117 (12.03)(d)-(g)&(i), (12.06), (5.08)(j), (10.01), (6.02), 118 (11.12), (11.16), Appendix A, (4.12), (4.13), (4.15), and (9.10) 119 and in violation of ss. 951.03 and 951.033(3), Florida Statutes, 120 and by extending his sentence an additional 40 and 10 days of 121 detention over the ordered sentences in violation of Inmate 122 Handbook XI. A., Florida Model Jail Standard (4.16), and ss. 123 951.21(1) and 921.16(1), Florida Statutes, thereby subjecting 124 him to cruel and unusual punishment, subjecting him to false 125 imprisonment, and denying him due process and equal protection 126 of the law. See Miller v. Carson, 599 F.2d 742 (5th Cir. 1979); 127 Miller v. Carson, 563 F.2d 757 (5th Cir. 1977); Miller v. 128 Carson, 563 F.2d 741 (5th Cir. 1977); Miller v. Carson, 401 F. 129 Supp. 835 (M.D. Fla. 1975); Miller v. Carson, 392 F. Supp. 515 130 (M.D. Fla. 1975); Solomos v. Jenne, 776 So.2d 953 (Fla. 4th DCA 131 2000); Douthit v. Jones, 619 F.2d 527 (5th Cir. 1980), and 132 WHEREAS, such conditions and circumstances of the jail are 133 reflected in a St. Petersburg Times article dated July 5, 2010, 134 and titled “Thousands of Pinellas jail inmates released without 135 a judge ever setting bail,” which is complemented by a series of 136 articles released by the Orlando Sentinel, including “Florida’s 137 suspect jails: The state’s hands-off approach to inspecting 138 jails leaves them vulnerable,” dated April 8, 2010, “Jail 139 standards chief defends system of checks,” dated May 15, 2010, 140 “If all Central Florida jails rate an A, is it deserved?” dated 141 May 15, 2010, “Beef up jail oversight: Florida jails need tough 142 oversight, not coddling,” dated May 18, 2010, and other 143 articles, and 144 WHEREAS, such misconduct is a clear abuse of judicial, 145 executive, and administrative authority as to the state court 146 system and local government, including the State Attorney’s 147 Office for the Sixth Judicial Circuit of Florida and the 148 Pinellas County Sheriff’s Office, thereby resulting in a public 149 embarrassment to this state since said authorities knew there 150 was no basis in fact or law for their unlawful acts against Mr. 151 Pitts, and 152 WHEREAS, Mr. Pitts’ good name and reputation have been 153 damaged, he has been deprived of due process, the ability to 154 conduct a lawful business, freedom of speech, property, liberty, 155 and equal protection of the law, he has not benefited from 156 constitutional protections against unlawful trusts by public 157 officers and employees (oath of office) and double jeopardy as 158 to criminal proceedings and sanctions, he has suffered mental 159 anguish and emotional distress as the result of the intentional 160 misconduct and gross negligence of the courts, the State 161 Attorney’s Office for the Sixth Judicial Circuit of Florida, The 162 Florida Bar, and the Pinellas County Sheriff’s Office relating 163 to his practice of law as a nonlawyer in this state, and, 164 further, there is no state-action exception to federal anti 165 trust laws (Sherman Act), which were violated in the subject 166 cases, and 167 WHEREAS, the cases involving Mr. Pitts fail to comply with 168 the requirements of s. 20.02(1), Florida Statutes, which states 169 in part: “The judicial branch has the purpose of determining the 170 constitutional propriety of the policies and programs and of 171 adjudicating any conflicts arising from the interpretation or 172 application of the laws,” and 173 WHEREAS, Mr. Pitts has suffered, and continues to suffer, 174 significant monetary damage by virtue of lost income, property, 175 and time, expenses, fees, fines, costs, and restitution 176 resulting from the civil and criminal proceedings relating to 177 his alleged unauthorized or unlicensed practice of law, and 178 WHEREAS, Mr. Pitts, on many occasions, appears before the 179 Legislature to instruct, advise, inform, and advocate for or 180 against proposed legislation covering a broad spectrum of topics 181 and subject matter in fact and law in a exceptional degree of 182 technical and performance competence that would be expected of 183 any trained and experienced member of The Florida Bar, and 184 WHEREAS, the Legislature recognizes that no system of 185 justice is impervious to human error, and 186 WHEREAS, the Legislature acknowledges that the state’s 187 system of justice sometimes yields imperfect results that may 188 have tragic consequences, and 189 WHEREAS, this claim is based on a moral and legal 190 obligation of the Legislature to acknowledge its own acts and 191 inherent authority to correct a wrong whereby normal or other 192 state authority, remedy, or resolution has been intentionally 193 avoided and denied in an arbitrary and capricious manner, 194 resulting in a manifest injustice or disregard for the law, and 195 WHEREAS, this is in accord with rulings of the courts 196 concerning legislative claim bills as expressed in Circuit Court 197 of Twelfth Judicial Circuit v. Dep’t of Natural Res., 339 So.2d 198 1113, 1116-1117 (Fla. 1976), in which the court held that one 199 may seek a claim bill through the Legislature, for “[a]bsent 200 legislation waiving the state’s sovereign immunity . . . this 201 Court cannot authorize relief through the judicial process”; 202 Gerard v. Dep’t of Transp., 472 So.2d 1170, 1172 (Fla. 1985), in 203 which the court stated, “we agree with the Department of 204 Transportation’s assertion that a judgment in this case was not 205 a prerequisite to Gerard’s filing a claims bill in the 206 legislature,” and 207 WHEREAS, the First District Court of Appeal in Jetton v. 208 Jacksonville Elec. Auth., 399 So.2d 396, 397 (Fla. 1st DCA 209 1981), stated that although the Legislature has placed limits on 210 recovery, “claimants remain free to seek legislative relief 211 bills, as they did during days of complete sovereign immunity,” 212 and 213 WHEREAS, the Florida Supreme Court in Dickinson v. Bradley, 214 298 So.2d 352, 354 (Fla. 1974), held that “any claim bill is 215 restricted to less than the general public and its purpose is to 216 discharge the state’s moral obligation to any individual or 217 other entity whom or which the legislature recognizes as being 218 entitled to such . . . The Legislature may enact a claim bill 219 for what would be a tort if a private party was involved just as 220 effectively as for what would constitute a contractual debt,” 221 and 222 WHEREAS, the Legislature intends that any compensation made 223 pursuant to this act be the sole compensation provided by the 224 state for any and all present and future claims arising out of 225 the facts presented in this act, NOW, THEREFORE, 226 227 Be It Enacted by the Legislature of the State of Florida: 228 229 Section 1. The facts stated in the preamble to this act are 230 found and declared to be true, and all judicial and 231 administrative remedies were exhausted as of March 12, 2010, and 232 July 4, 2010, respectively. 233 Section 2. The Division of Administrative Hearings shall 234 appoint an administrative law judge or special master to conduct 235 a hearing and determine a basis for equitable relief for the 236 purpose of compensating Mr. Pitts for any wrongful act or 237 omission of the State of Florida, the State Attorney’s Office 238 for the Sixth Judicial Circuit of Florida, or the Pinellas 239 County Sheriff’s Office in proportion to what occurred in the 240 investigations, the civil and criminal proceedings relating to 241 Mr. Pitts’ alleged unlicensed or unauthorized practice of law, 242 and his incarcerations totaling nearly 12 months from 2001 to 243 2010, if not longer. 244 Section 3. (1) The administrative law judge or special 245 master shall determine by a preponderance of the evidence 246 whether the State of Florida, the State Attorney’s Office for 247 the Sixth Judicial Circuit of Florida, or the Pinellas County 248 Sheriff’s Office committed a wrongful act or omission and 249 whether a basis for equitable relief exists, and if it so finds, 250 the administrative law judge or special master shall award Mr. 251 Pitts an amount of up to $7 million, but not less than $1 252 million, to be paid proportionately by the parties that wronged 253 him and to be paid in lump sum or in payments over a period of 254 no more than 10 years. 255 (2) The administrative law judge or special master shall 256 report his or her determination to the President of the Senate 257 and the Speaker of the House of Representatives by July 1, 2012. 258 The Chief Financial Officer is directed to draw a warrant in 259 satisfaction of the relief awarded by the administrative law 260 judge or special master, as provided in this act, and to pay the 261 warrant out of the Administrative Trust Fund or State Courts 262 Revenue Trust Fund within the state courts system and the State 263 Attorneys Revenue Trust Fund to Brian Pitts. Pinellas County is 264 directed to and shall pay the warrant out of its general revenue 265 fund or by other means it has provided for to pay valid claims 266 against the local government as pertains to the Pinellas County 267 Sheriff’s Office and as to its share of the total award to Mr. 268 Pitts. 269 (3) This award is intended to provide the sole compensation 270 for all present and future claims arising out of the factual 271 situation described in this act which resulted in unlawful or 272 unconstitutional acts committed against Mr. Pitts in connection 273 with allegations, judgments, and convictions of the unlicensed 274 or unauthorized practice of law and his incarcerations totaling 275 nearly 12 months, if not longer, from 2001 through 2010. The 276 total amount paid for attorney’s fees, lobbying fees, costs, and 277 other similar expenses relating to this claim may not exceed 25 278 percent of the amount awarded under this act. 279 (4) All final orders, judgments, decrees, and convictions, 280 and orders or liens pertaining to fees, fines, costs, and 281 restitution, rendered in cases SC06-1279, SC02-247, CRCAB 282 90407CFANO, CRCAB-65835CFANO, CRC07-12964CFANO, CTC07 283 03965MMANO, CTC03-09855MMANO, CTC03-01885MMANO, and CTC03 284 01887MMANO, wherein Mr. Pitts is the respondent or defendant, 285 are null and void and are annulled by this act by virtue of the 286 doctrine of separation of powers because the courts failed to 287 recognize the Legislature’s lawful and valid enactments 288 authorizing lay representation as expressed in The Florida Bar 289 v. Moses, 380 So.2d 412, 416-418 (Fla. 1980); by virtue of 290 inherent authority of this Legislature as expressed in Florida 291 House of Representatives v. Crist, 999 So.2d 601, 611 (Fla. 292 2008), Trianon Park Condo. Ass’n v. City of Hialeah, 468 So.2d 293 912, 918, 919 (Fla. 1985); and by virtue of checks and balances 294 exercised by this Legislature as expressed in State Ex Rel. 295 Young v. Duval County, 79 So. 692, 697 (Fla. 1918), in which the 296 court found, “A clear violation of the constitutional provisions 297 dividing the powers of government into departments should be 298 checked and remedied.” As the court found in State v. City of 299 Stuart, 120 So. 335, 346 (Fla. 1929), “[t]he general rule is 300 that the Legislature is supreme in the legislative field, which 301 is the most powerful branch of government, so long as it does 302 not violate any of the provisions of the organic law. There is 303 to our minds no justifiable exception of any class of 304 legislation from this all-pervasive and fundamental principle.” 305 (5) The clerk of the court for the Florida Supreme Court, 306 as to cases SC06-1279 and SC02-247, and the clerk of the court 307 for the Sixth Judicial Circuit, as to cases CRCAB-90407CFANO, 308 CRCAB-65835CFANO, CRC07-12964CFANO, CTC07-03965MMANO, CTC03 309 09855MMANO, CTC03-01885MMANO, and CTC03-01887MMANO, all 310 pertaining to Mr. Pitts, are hereby directed to remove from 311 public and private access all dockets, records, documents, and 312 recorded orders or liens related to those cases and transmit 313 them to the Department of Law Enforcement to fulfill the duties 314 required under section 6 of this act. The Department of Law 315 Enforcement is hereby directed to remove from public and private 316 access all record history and information of a criminal nature 317 concerning Mr. Pitts. This includes, but is not limited to, 318 fingerprints, felon registration, and all other matters 319 concerning the case numbers cited in this subsection. Said 320 records, information, or documents may not be used by or 321 accessed for any purpose by anyone unless access to those 322 records is required by federal authorities or for investigations 323 conducted under section 6 of this act. 324 (6) The Department of Law Enforcement is directed to ensure 325 the compliance, execution, and enforcement of subsections (4) 326 and (5) of this section, and shall provide protective services 327 to Mr. Pitts ensuring his rights, privileges, and safety under 328 sections 4, 5, and 6 of this act. 329 Section 4. In accordance with the Florida Supreme Court’s 330 final order in case number SC02-247 and the exception contained 331 in clause (1) of that ruling, unless otherwise authorized by 332 Florida Statutes, court rule, case law, administrative rule, or 333 the rules regulating The Florida Bar, thereby authorizing Mr. 334 Pitts to practice law in this state, the Legislature authorizes 335 Mr. Pitts to practice law in this state under the following 336 designations, titles, rules, decisions, or acts in the capacity 337 as a lay counselor or lay representative: 338 (1) Chapter 120, Florida Statutes, relating to a qualified 339 representative. 340 (2) Chapter 44, Florida Statutes, relating to a designated 341 representative. 342 (3) Chapter 709, Florida Statutes, relating to an attorney 343 in-fact and durable power of attorney, including when coupled 344 with an interest in any personal or property claim, election, 345 right, or interest. 346 (4) Decisions or rules of the Florida Supreme Court 347 relating to representation by a realty property manager. 348 (5) Decisions or rules of the Florida Supreme Court 349 relating to a nonlawyer using approved forms. 350 (6) Decisions or rules of the Florida Supreme Court 351 relating to representation in county or small claims civil 352 proceedings. 353 (7) Decisions or rules of the Florida Supreme Court 354 relating to third party standing representation. 355 (8) Rule 5-15, Rules Relating to Admission to The Florida 356 Bar. 357 (9) Judicial discretion under the inherent authority 358 doctrine. 359 (10) Federal law or any other clearly expressed rule, 360 statute, or court or administrative decision or order under 361 other federal, state, or local law and authority. 362 Section 5. Any appearance or public testimony given by Mr. 363 Pitts on bills or matters before the Legislature, wherever held 364 or convened throughout this state, does not constitute the 365 practice of law. In all circumstances Mr. Pitts retains the 366 right to represent himself at any time he has valid standing 367 supported by law, or, if he is the subject of civil, 368 administrative, or criminal proceedings, Mr. Pitts retains the 369 right to represent himself without a lawyer in court and in 370 administrative actions or cases. 371 Section 6. Due to the period of ongoing misconduct against 372 Mr. Pitts as described in this act, the Legislature directs the 373 Department of Law Enforcement, assisted by Mr. Pitts, to 374 investigate these acts committed by: 375 (1) The Florida Supreme Court justices involved for 376 violations of ss. 914.22(2)(f) or (4)(f), Florida Statutes, and 377 18 U.S.C. 1512, relating to their final ruling rendered on 378 February 22, 2010, in case SC06-1279 resulting in the 379 incarceration of Mr. Pitts on the eve of the 2010 legislative 380 session while proceedings on Senate Bill 58 were pending, and 381 other violations of ss. 775.15(12)(b), 843.0855(2) and (3), 382 839.13(1), 839.24, 918.13, 836.05, 843.03, 876.10, 777.04(2) and 383 (3), and 895.03, Florida Statutes, and 18 U.S.C. 241, 242, 1951, 384 and 1962. 385 (2) The Second District Court of Appeal judges assigned to 386 Mr. Pitts’ cases on motions, reviews, and original proceedings; 387 the Sixth Judicial Circuit judges; and the state attorneys 388 involved for violations of ss. 775.15(12)(b), 843.0855(2) and 389 (3), 839.13(1), 839.24, 918.13, 836.05, 843.03, 876.10 777.04(2) 390 and (3), and 895.03, Florida Statutes, and 18 U.S.C. 241, 242, 391 1951, and 1962. 392 (3) The Florida Bar and its representatives, who pursued 393 charges of unlicensed practice of law against Mr. Pitts, for 394 violations of ss. 839.13(1), 918.13, 836.05, 777.04(2) and (3), 395 and 895.03, Florida Statutes, and 18 U.S.C. 241, 242, 1951, and 396 1962, as well as s. 542.21(2), Florida Statutes, and 15 U.S.C. 397 1, 2, and 3, relating to the practice of law by lawyers and 398 nonlawyers. 399 (4) The Pinellas County Sheriff’s Office for violations of 400 ss. 775.15(12)(b), 843.0855(2) and (3), 843.03, 839.13(1), 401 876.10, 950.09, and 951.14, Florida Statutes, and 18 U.S.C. 241 402 or 242. 403 404 The Department of Law Enforcement shall exercise all authority 405 it has under general law to investigate criminal violations 406 under this act and shall refer any evidence of such crimes to 407 the appropriate officials for prosecution. Charges arising out 408 of the criminal investigation shall be brought before a grand 409 jury impaneled in Leon County within 1 year after passage of 410 this act. 411 Section 7. The President of the Senate, the Speaker of the 412 House of Representatives, or Governor may sever in whole or in 413 part any section of this act, excluding this section 7, which 414 remaining parts shall be in full force and effect upon becoming 415 law. Notwithstanding severance, Brian Pitts shall retain the 416 right or privilege during future legislative sessions to request 417 the relief severed in part or whole by virtue of this section 418 until fully remedied. 419 Section 8. This act shall take effect upon becoming a law.