Florida Senate - 2013                             (NP)    SB 174
       By Senator Bullard
       39-00449-13                                            2013174__
    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 or special master to
    5         determine a basis for equitable relief for the purpose
    6         of compensating Mr. Pitts for the wrongful acts or
    7         omissions of the State of Florida or officials
    8         thereof; requiring a report to the Legislature;
    9         authorizing compensation to Mr. Pitts upon a
   10         determination by an administrative law judge;
   11         providing an appropriation to compensate Mr. Pitts for
   12         injuries and damages sustained; providing a limitation
   13         on attorney fees and costs; directing that certain
   14         court orders and judgments be declared null and void;
   15         specifying the limited circumstances under which Mr.
   16         Pitts may represent himself or others in judicial or
   17         administrative proceedings; directing the Department
   18         of Law Enforcement to investigate certain illegal acts
   19         committed by certain persons; authorizing the
   20         President of the Senate, the Speaker of the House of
   21         Representatives, and the Governor to sever portions of
   22         this act under certain circumstances; providing an
   23         effective date.
   25         WHEREAS, this state has clearly recognized the practice of
   26  law by lay persons since at least 1980 as declared in The
   27  Florida Bar v. Moses, 380 So.2d 412, 416-418 (Fla. 1980) and The
   28  Florida Bar re Advisory Opinion on Nonlawyer Representation in
   29  Securities Arbitration, 696 So.2d 1178, 1180-1181, 1183-1184
   30  (Fla. 1997), the Legislature and judiciary having concurrent
   31  jurisdiction to regulate such, and
   32         WHEREAS, Mr. Pitts has exercised this privilege since 2001
   33  in Pinellas County, and his practice was later confirmed by the
   34  Florida Supreme Court in case number SC02-247, in a final order
   35  dated November 6, 2003, at clause (1) declaring “unless
   36  otherwise authorized by Florida Statutes, court rule, case law,
   37  administrative rule, or the rules regulating The Florida Bar,”
   38  and
   39         WHEREAS, since the inception of Mr. Pitts’ practice, the
   40  Second District Court of Appeal, the Sixth Judicial Circuit, the
   41  Office of the State Attorney for the Sixth Judicial Circuit, and
   42  The Florida Bar have, without cause, continued to deprive Mr.
   43  Pitts of the privilege of practicing law as prescribed by the
   44  Legislature and the Florida Supreme Court, subjecting him to
   45  civil and criminal proceedings and penalties on an ongoing
   46  basis, and
   47         WHEREAS, the Florida Supreme Court, by virtue of the broad,
   48  general, and ambiguous language of its 2003 final order in case
   49  number SC02-247, has subjected Mr. Pitts to entrapment, and has
   50  needlessly and unjustly avoided and failed upon many requests by
   51  Mr. Pitts to clarify or amend the final order or to promulgate
   52  court rules through The Florida Bar following original
   53  proceedings brought or suggested by Mr. Pitts to correct the
   54  matter, and
   55         WHEREAS, this course of misconduct has been ongoing from
   56  2001 to 2012, such that the courts, The Florida Bar, and the
   57  Office of the State Attorney for the Sixth Judicial Circuit
   58  being in continual collusion against Mr. Pitts in cases SC02
   59  247, SC06-1279, CRCAB-65835CFANO, CRCAB-90407CFANO, CRC07
   60  12964CFANO, CTC07-03965MMANO, CTC03-01885MMANO, CTC03
   61  01887MMANO, and CTC03-09855MMANO, and such action has resulted
   62  in the wrongful and unlawful incarceration of Mr. Pitts in the
   63  Pinellas County Jail for a total of nearly 1 year, and
   64         WHEREAS, the purpose of this course of misconduct was to
   65  retaliate against Mr. Pitts and, by way of his detainment, to
   66  thwart his pending pro se actions for relief from said collusion
   67  by civil, appellate, or original proceedings regarding the
   68  criminal cases, and
   69         WHEREAS, appearing pro se in many of his cases, Mr. Pitts
   70  was complimented by several judges of the Sixth Judicial Circuit
   71  for an exceptional degree of technical and performance
   72  competence that would be expected of an experienced member of
   73  The Florida Bar, yet he was informed by express or implied
   74  communication that he would not receive the relief requested in
   75  any given proceeding unless represented by a member of The
   76  Florida Bar, as a matter of camaraderie, and
   77         WHEREAS, though appearing pro se in said cases and other
   78  actions seeking relief from said collusion, Mr. Pitts was at
   79  times represented by appointed counsel; however, such
   80  proceedings proved to be futile because the proceedings were
   81  staged by the courts and the Office of the State Attorney for
   82  the Sixth Judicial Circuit to be illusory. The courts failed to
   83  abide by binding precedent and stare decisis, where applicable,
   84  as well as Florida Rules of Court, as evidenced by the series of
   85  filings in each case by Mr. Pitts, or his court-appointed
   86  counsel, hence depriving Mr. Pitts of procedural and substantive
   87  due process, equal protection of the law, self-representation,
   88  and representation by counsel under the United States
   89  Constitution, and
   90         WHEREAS, the Second District Court of Appeal has declared
   91  in Denson v. State, 711 So.2d 1225, 1230 (Fla. 2d DCA 1998) that
   92  “appellate judges take an oath to uphold the law and the
   93  constitution of this state. The citizens of this state properly
   94  expect these judges to protect their rights. When reviewing an
   95  appeal with a preserved issue, if we discover that a person has
   96  been subjected to a patently illegal sentence to which no
   97  objection was lodged in the trial court, neither the
   98  constitution nor our own consciences will allow us to remain
   99  silent and hope that the prisoner, untrained in the law, will
  100  somehow discover the error and request its correction. If three
  101  appellate judges, like a statue of the ‘see no evil, hear no
  102  evil, speak no evil’ monkeys, declined to consider such serious,
  103  patent errors, we would jeopardize the public’s trust and
  104  confidence in the institution of courts of law.” Compare,
  105  Bedford v. State, 633 So.2d 13, 14 (Fla. 1994), and
  106         WHEREAS, Mr. Pitts contends that the trial judges and
  107  appellate judges have deliberately and intentionally, in concert
  108  with the Florida Supreme Court justices, failed to abide by said
  109  rules of law as to Mr. Pitts’ cases on appeal or by original
  110  proceedings brought and maintained by him or his counsel, and
  111         WHEREAS, Mr. Pitts believes that The Florida Bar, the
  112  Office of the State Attorney, and the judges and justices
  113  involved at each level of Mr. Pitts’ cases all have a personal
  114  and private interest in deterring Mr. Pitts from engaging in the
  115  authorized practice of law as prescribed in this state and,
  116  thus, have failed to afford Mr. Pitts the required process and
  117  means of justice or resolution as normally expected of esteemed
  118  persons in their official capacities, and
  119         WHEREAS, the Pinellas County Sheriff’s Office participated
  120  in the concerted effort of the courts, The Florida Bar, and the
  121  Office of the State Attorney for the Sixth Judicial Circuit
  122  illegally incarcerating Mr. Pitts in the Pinellas County Jail
  123  from January 2003 through April 2004 and from March 22, 2010,
  124  through July 4, 2010, by refusing him administrative alternative
  125  sentencing without cause, and by subjecting him to living
  126  conditions and circumstances in violation of Florida Model Jail
  127  Standards (2.15)(c); (4.12); (4.13); (4.15); (5.08)(a), (c)(1)
  128  (8), and j; (6.02); (9.06)(b); (9.08); (9.10); (10.01); (11.12);
  129  (11.16); (12.03)(d)-(i); and (12.06), Appendix A, and in
  130  violation of ss. 951.03 and 951.033(3), Florida Statutes, and by
  131  extending his sentence an additional 50 days in violation of
  132  Inmate Handbook XI. A., Florida Model Jail Standard (4.16), and
  133  ss. 951.21(1) and 921.16(1), Florida Statutes, thereby
  134  subjecting him to cruel and unusual punishment and false
  135  imprisonment and denying him due process and equal protection of
  136  the law. See Miller v. Carson, 599 F.2d 742 (5th Cir. 1979);
  137  Miller v. Carson, 563 F.2d 757 (5th Cir. 1977); Miller v.
  138  Carson, 563 F.2d 741 (5th Cir. 1977); Miller v. Carson, 401 F.
  139  Supp. 835 (M.D. Fla. 1975); Miller v. Carson, 392 F. Supp. 515
  140  (M.D. Fla. 1975); Solomos v. Jenne, 776 So.2d 953 (Fla. 4th DCA
  141  2000); and Douthit v. Jones, 619 F.2d 527 (5th Cir. 1980), and
  142         WHEREAS, such conditions and circumstances of the jail are
  143  reflected in a St. Petersburg Times article dated July 5, 2010,
  144  and published under the headline “Thousands of Pinellas jail
  145  inmates released without a judge ever setting bail,” which was
  146  complemented by a series of articles published by the Orlando
  147  Sentinel under the respective headlines “Florida’s suspect
  148  jails: The state’s hands-off approach to inspecting jails leaves
  149  them vulnerable,” dated April 8, 2010; “Jail-standards chief
  150  defends system of checks,” dated May 15, 2010; “If all Central
  151  Florida jails rate an A, is it deserved?” dated May 15, 2010;
  152  “Beef up jail oversight: Florida jails need tough oversight, not
  153  coddling,” dated May 18, 2010; and other articles, and
  154         WHEREAS, such misconduct is a clear abuse of judicial,
  155  executive, and administrative authority as to the state court
  156  system and local government, including the Office of the State
  157  Attorney for the Sixth Judicial Circuit and the Pinellas County
  158  Sheriff’s Office, thereby resulting in a public embarrassment to
  159  this state since said authorities knew there was no basis in
  160  fact or law for their unlawful acts against Mr. Pitts, and
  161         WHEREAS, Mr. Pitts’ good name and reputation have been
  162  damaged; he has been deprived of due process, the ability to
  163  conduct a lawful business, freedom of speech, property, liberty,
  164  and equal protection of the law; he has not benefited from
  165  constitutional protections against unlawful trusts by public
  166  officers and employees under oath of office and double jeopardy
  167  as to criminal proceedings and sanctions; he has suffered mental
  168  anguish and emotional distress as the result of the intentional
  169  misconduct and gross negligence of the courts, the Office of the
  170  State Attorney for the Sixth Judicial Circuit, The Florida Bar,
  171  and the Pinellas County Sheriff’s Office relating to his
  172  practice of law as a nonlawyer in this state, and, further,
  173  there is no state-action exception to federal antitrust laws,
  174  which were violated in the subject cases, and
  175         WHEREAS, Mr. Pitts has suffered, and continues to suffer,
  176  significant monetary damage by virtue of expenses, fees, fines,
  177  costs, restitution, and lost income, property, and time
  178  resulting from the civil and criminal proceedings relating to
  179  his alleged unauthorized or unlicensed practice of law, and
  180         WHEREAS, Mr. Pitts frequently appears before the
  181  Legislature to instruct, advise, and inform members and to
  182  advocate for or against proposed legislation covering a broad
  183  spectrum of topics and subject matter in fact and law, always
  184  demonstrating an exceptional degree of technical and performance
  185  competence that would be expected of any trained and experienced
  186  member of The Florida Bar, and
  187         WHEREAS, the Legislature recognizes that no system of
  188  justice is impervious to human error, and
  189         WHEREAS, the Legislature acknowledges that the state’s
  190  system of justice sometimes yields imperfect results that may
  191  have tragic consequences, and
  192         WHEREAS, this claim is based on a moral and legal
  193  obligation of the Legislature to acknowledge its actions and act
  194  on its authority to correct a wrong, when those actions have
  195  resulted in a manifest injustice or disregard for the law, and
  196         WHEREAS, the filing of this claim bill is in accord with
  197  holdings of the Florida Supreme Court concerning legislative
  198  claim bills. See Circuit Court of Twelfth Judicial Circuit v.
  199  Dep’t of Natural Res., 339 So.2d 1113, 1116-1117 (Fla.
  200  1976)(”Absent legislation waiving the state’s sovereign immunity
  201  . . . this Court cannot authorize relief through the judicial
  202  process”); Gerard v. Dep’t of Transp., 472 So.2d 1170, 1172
  203  (Fla. 1985)(”[W]e agree with the Department of Transportation’s
  204  assertion that a judgment in this case was not a prerequisite to
  205  Gerard’s filing a claims bill in the legislature.”), and
  206         WHEREAS, the First District Court of Appeal in Jetton v.
  207  Jacksonville Electric Authority, 399 So.2d 396, 397 (Fla. 1st
  208  DCA 1981), stated that although the Legislature has placed
  209  limits on recovery, “claimants remain free to seek legislative
  210  relief bills, as they did during days of complete sovereign
  211  immunity,” and
  212         WHEREAS, the Florida Supreme Court in Dickinson v. Bradley,
  213  298 So.2d 352, 354 (Fla. 1974), held that “any claim bill is
  214  restricted to less than the general public and its purpose is to
  215  discharge the state’s moral obligation to any individual or
  216  other entity whom or which the legislature recognizes as being
  217  entitled to such. . . . The legislature may enact a claim bill
  218  for what would be a tort if a private party was involved just as
  219  effectively as for what would constitute a contractual debt,”
  220  and
  221         WHEREAS, the Legislature intends that any compensation made
  222  pursuant to this act be the sole compensation provided by the
  223  state for any and all present and future claims arising out of
  224  the facts presented in this act, NOW, THEREFORE,
  226  Be It Enacted by the Legislature of the State of Florida:
  228         Section 1. The facts stated in the preamble to this act are
  229  found and declared to be true, and all judicial and
  230  administrative remedies have been exhausted. This act is the
  231  remedy of last resort available to Mr. Pitts.
  232         Section 2. The Division of Administrative Hearings shall
  233  appoint an administrative law judge or special master to conduct
  234  a hearing and determine a basis for equitable relief for the
  235  purpose of compensating Mr. Pitts for any wrongful act or
  236  omission of the State of Florida, the Office of the State
  237  Attorney for the Sixth Judicial Circuit, and the Pinellas County
  238  Sheriff’s Office regarding investigations involving Mr. Pitts,
  239  the civil and criminal proceedings relating to Mr. Pitts’
  240  alleged unlicensed or unauthorized practice of law, and his
  241  incarcerations totaling nearly 12 months from 2001 to 2012, if
  242  not longer.
  243         Section 3. (1) The administrative law judge or special
  244  master shall determine by a preponderance of the evidence
  245  whether the State of Florida, the Office of the State Attorney
  246  for the Sixth Judicial Circuit, or the Pinellas County Sheriff’s
  247  Office committed a wrongful act or omission and whether a basis
  248  for equitable relief exists, and if it so finds, the
  249  administrative law judge or special master shall award Mr. Pitts
  250  an amount of up to $7 million, but not less than $1 million, to
  251  be paid proportionately by the parties that wronged him and to
  252  be paid in lump sum or in payments over a period of no more than
  253  10 years.
  254         (2) The administrative law judge or special master shall
  255  report his or her determination to the President of the Senate
  256  and the Speaker of the House of Representatives by July 1, 2013.
  257  The Chief Financial Officer is directed to draw a warrant in
  258  satisfaction of the relief awarded by the administrative law
  259  judge or special master, as provided in this act, and to pay the
  260  warrant out of the Administrative Trust Fund or State Courts
  261  Revenue Trust Fund within the state courts system and the State
  262  Attorneys Revenue Trust Fund to Brian Pitts. Pinellas County is
  263  directed to and shall pay the warrant out of its general revenue
  264  fund or by other means it has provided for to pay valid claims
  265  against the local government as pertains to the Pinellas County
  266  Sheriff’s Office and as to its share of the total award to Mr.
  267  Pitts.
  268         (3) This award is intended to provide the sole compensation
  269  for all present and future claims arising out of the factual
  270  situation described in this act which resulted in unlawful or
  271  unconstitutional acts committed against Mr. Pitts. The total
  272  amount paid for attorney fees, lobbying fees, costs, and other
  273  similar expenses relating to this claim may not exceed 25
  274  percent of the amount awarded under this act.
  275         (4) All final orders, judgments, decrees, and convictions,
  276  and orders or liens pertaining to fees, fines, costs, and
  277  restitution, rendered in cases SC06-1279, SC02-247, CRCAB
  278  90407CFANO, CRCAB-65835CFANO, CRC07-12964CFANO, CTC07
  279  03965MMANO, CTC03-09855MMANO, CTC03-01885MMANO, and CTC03
  280  01887MMANO, wherein Mr. Pitts is the respondent or defendant,
  281  are void and are annulled by this act by virtue of the doctrine
  282  of separation of powers because the courts failed to recognize
  283  the Legislature’s lawful and valid enactments authorizing lay
  284  representation as expressed in The Florida Bar v. Moses, 380
  285  So.2d 412, 416-418 (Fla. 1980); by virtue of inherent authority
  286  of this Legislature as expressed in Florida House of
  287  Representatives v. Crist, 999 So.2d 601, 611 (Fla. 2008),
  288  Trianon Park Condominium Ass’n v. City of Hialeah, 468 So.2d
  289  912, 918, 919 (Fla. 1985); and by virtue of checks and balances
  290  exercised by this Legislature as expressed in State Ex Rel.
  291  Young v. Duval County, 79 So. 692, 697 (Fla. 1918), in which the
  292  court found “[a] clear violation of the constitutional
  293  provisions dividing the powers of government into departments
  294  should be checked and remedied.” As the court found in State v.
  295  City of Stuart, 120 So. 335, 346 (Fla. 1929), “[t]he general
  296  rule is that the Legislature is supreme in the legislative
  297  field, which is the most powerful branch of government, so long
  298  as it does not violate any of the provisions of the organic law.
  299  There is to our minds no justifiable exception of any class of
  300  legislation from this all-pervasive and fundamental principle.”
  301         (5) The clerk of the court for the Florida Supreme Court,
  302  as to cases SC06-1279 and SC02-247, and the clerk of the court
  303  for the Sixth Judicial Circuit, as to cases CRCAB-90407CFANO,
  304  CRCAB-65835CFANO, CRC07-12964CFANO, CTC07-03965MMANO, CTC03
  305  09855MMANO, CTC03-01885MMANO, and CTC03-01887MMANO, all
  306  pertaining to Mr. Pitts, are hereby directed to remove from
  307  public and private access all dockets, records, documents, and
  308  recorded orders or liens related to those cases and transmit
  309  them to the Department of Law Enforcement to fulfill the duties
  310  required under section 6 of this act. The Department of Law
  311  Enforcement is hereby directed to remove from public and private
  312  access all record history and information of a criminal nature
  313  concerning Mr. Pitts. This includes, but is not limited to,
  314  fingerprints, felon registration, and all other matters
  315  concerning the case numbers cited in this subsection. The
  316  records, information, or documents may not be used by or
  317  accessed for any purpose by anyone unless access to those
  318  records is required by federal authorities or for investigations
  319  conducted under section 6 of this act.
  320         (6) The Department of Law Enforcement is directed to ensure
  321  the compliance, execution, and enforcement of subsections (4)
  322  and (5) of this section, and shall provide protective services
  323  to Mr. Pitts ensuring his rights, privileges, and safety under
  324  sections 4, 5, and 6 of this act.
  325         Section 4. In accordance with the Florida Supreme Court’s
  326  final order in case number SC02-247 and the exception contained
  327  in clause (1) of that ruling, unless otherwise authorized by
  328  Florida Statutes, court rule, case law, administrative rule, or
  329  the rules regulating The Florida Bar, thereby authorizing Mr.
  330  Pitts to practice law in this state, the Legislature authorizes
  331  Mr. Pitts to practice law in this state under the following
  332  designations, titles, rules, decisions, or acts in the capacity
  333  of lay counselor or lay representative:
  334         (1) Chapter 120, Florida Statutes, relating to a qualified
  335  representative.
  336         (2) Chapter 44, Florida Statutes, relating to a designated
  337  representative.
  338         (3) Chapter 709, Florida Statutes, relating to an attorney
  339  in-fact and durable power of attorney, including an interest in
  340  any personal or property claim, election, right, or interest.
  341         (4) Decisions or rules of the Florida Supreme Court
  342  relating to representation by a realty property manager.
  343         (5) Decisions or rules of the Florida Supreme Court
  344  relating to a nonlawyer using approved forms.
  345         (6) Decisions or rules of the Florida Supreme Court
  346  relating to representation in county or small claims civil
  347  proceedings.
  348         (7) Decisions or rules of the Florida Supreme Court
  349  relating to third-party standing.
  350         (8) Rule 5-15, Rules Relating to Admission to The Florida
  351  Bar.
  352         (9) Judicial discretion under the inherent authority
  353  doctrine.
  354         (10) Federal law or any other clearly expressed rule,
  355  statute, or court or administrative decision or order under
  356  other federal, state, or local law and authority.
  357         Section 5. Any appearance or public testimony given by Mr.
  358  Pitts on bills or matters before the Legislature does not
  359  constitute the practice of law. In all circumstances Mr. Pitts
  360  retains the right to represent himself at any time he has valid
  361  standing supported by law. If Mr. Pitts is the subject of civil,
  362  administrative, or criminal proceedings, he retains the right to
  363  represent himself without a lawyer.
  364         Section 6. Due to the period of ongoing misconduct against
  365  Mr. Pitts as described in this act, the Legislature directs the
  366  Department of Law Enforcement, assisted by Mr. Pitts, to
  367  investigate these acts committed by:
  368         (1) The Florida Supreme Court justices involved for
  369  violations of ss. 914.22(2)(f) or (4)(f), Florida Statutes, and
  370  18 U.S.C. 1512, relating to their final ruling rendered on
  371  February 22, 2010, in case SC06-1279 resulting in the
  372  incarceration of Mr. Pitts on the eve of the 2010 legislative
  373  session while proceedings on Senate Bill 58 were pending, and
  374  other violations of ss. 775.15(12)(b), 777.04(2) and (3),
  375  836.05, 839.13(1), 839.24, 843.03, 843.0855(2) and (3), 876.10,
  376  895.03, and 918.13, Florida Statutes, and 18 U.S.C. 241, 242,
  377  1951, and 1962.
  378         (2) The Second District Court of Appeal judges assigned to
  379  Mr. Pitts’ cases on motions, reviews, and original proceedings;
  380  the Sixth Judicial Circuit judges; and the state attorneys
  381  involved for violations of ss. 775.15(12)(b), 777.04(2) and (3),
  382  836.05, 839.13(1), 839.24, 843.03, 843.0855(2) and (3), 876.10,
  383  895.03, and 918.13, Florida Statutes, and 18 U.S.C. 241, 242,
  384  1951, and 1962.
  385         (3) The Florida Bar and its representatives, who pursued
  386  charges of unlicensed practice of law against Mr. Pitts, for
  387  violations of ss. 777.04(2) and (3), 836.05, 839.13(1), 895.03,
  388  and 918.13, Florida Statutes, and 18 U.S.C. 241, 242, 1951, and
  389  1962, as well as s. 542.21(2), Florida Statutes, and 15 U.S.C.
  390  1, 2, and 3, relating to the practice of law by lawyers and
  391  nonlawyers.
  392         (4) The Pinellas County Sheriff’s Office for violations of
  393  ss. 775.15(12)(b), 839.13(1), 843.03, 843.0855(2) and (3),
  394  876.10, 950.09, and 951.14, Florida Statutes, and 18 U.S.C. 241
  395  or 242.
  397  The Department of Law Enforcement shall exercise all authority
  398  it has under general law to investigate criminal violations
  399  under this act and shall refer any evidence of such crimes to
  400  the appropriate officials for prosecution. Charges arising out
  401  of the criminal investigation shall be brought before a grand
  402  jury impaneled in Leon County within 1 year after passage of
  403  this act.
  404         Section 7. The President of the Senate, the Speaker of the
  405  House of Representatives, or the Governor may sever in whole or
  406  in part any section of this act, excluding this section 7, which
  407  remaining parts shall be in full force and effect upon becoming
  408  law. Notwithstanding severance, Brian Pitts shall retain the
  409  right or privilege during future legislative sessions to request
  410  the relief severed in part or whole by virtue of this section
  411  until fully remedied.
  412         Section 8. This act shall take effect upon becoming a law.