# IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CA FLORIDA HOLDINGS, LLC, Publisher of the PALM BEACH POST, Plaintiff, v. DAVE ARONBERG, as State Attorney of Palm Beach County, Florida; SHARON R. BOCK, as Clerk and Comptroller of Palm Beach County, Florida. Defendants. # DEFENDANT DAVE ARONBERG'S MOTION FOIC Y FINAL JUDGMENT AND MEMORANDUM OF LAW I T THEREOF CASE NO.: 19-CA-014681 CO SA cc Defendant DAVE ARONBERG, as S te tto ey of Palm Beach County, Florida, (hereinafter "Aronberg"), by and through co lo and pursuant to Rule 1.510 Florida Rules of Civil Procedure, moves for entry of judgment in his favor as to the remaining claim for Declaratory Relief in Plaintiff's F C r ed Complaint', and in support thereof states as follows: # STATE OF THE UNDISPUTED FACTS The following is a s et ent of facts material to this motion for summary judgment as to which there is no genum - I of Plaintiff's First Amended Complaint, (hereinafter "Complaint"), filed January 1t 202U, seeks Declaratory Relief pursuant to Section 86.011, Florida Statutes. - 2. Specifically, Plaintiffs Count I seeks a court order "declaring that pursuant to Fla. Stat. Section 905.27(1)(c) and the Court's inherent authority, The Palm Beach Post may gain access to the testimony, minutes, and other evidence presented in 2006 to the Palm Beach County grand jury" that {sup}`&#`x27; On Junc 8, 2020, this Court entered its Order Granting Defendants Motion to Dismiss Count II of the Plaintiff's First Amended Complaint with Prejudice. "Clerk"). 4. Plaintiff seeks the above-referenced declaratory relief, including copies of the Requested Materials, from both Aronberg, as State Attorney of Palm Beach Cou lorida, and Defendant, Sharon R. Bock, as Clerk and Comptroller of Palm Beach County, Fl dli ((yhereinafter the 0 was empaneled during the first Jeffrey Epstein, (hereinafter "Epstein"), sex abuse investigation, (hereinafter "Requested Materials"). Complaint pg. 20 3. Plaintiff seeks to use the Requested Materials "for the purpose of informing the public." Id. 5. Neither Aronberg nor the Office of the State Attorney for C F.heenth Judicial Circuit, ("SAO"), is in control, custody, or possession of the Request A as Exhibit "A". 4. Aronberg Aff. ¶ 3, attached 6. The declaratory relief sought by t i seeks materials that are impossible for Aronberg or the SAO to produce. Exhibit "A 7. Neither Aronberg nor as the legal authority to obtain and/or deliver the Requested Materials. Exhibit "A" . 8. The undisputed f t forth above in paragraphs 6-7 have been repeatedly made evident by Aronberg to the r iff and the public through not only the pleadings and correspondence in this matter, but }trough an office press release and Aronberg's public social media accounts. Exhibit" either Aronberg nor the SAO has the authority to demand that the Clerk grant the SAO access to grand jury materials after a criminal case has concluded. Exhibit "A" ¶ 7. 10. During Aronberg's administration, neither he nor his office has accessed grand jury materials from the Clerk's office in this or any other instance. Exhibit "A" ¶ 8. 11. As provided in section 905.17(1), Florida Statutes (2020), the Clerk has sole custody and possession of the Requested Materials, which can only be released by the Clerk pursuant to an order of the Court. Exhibit "A"1 9. # MEMORANDUM OF LAW # I. Legal Standard Governing Motions For Summary Judgment "The judgment sought shall be rendered forthwith if the pleadings, deposit' answers to interrogatories, and admissions on file together with the affidavits, if any, show th is no genuine issue of material fact and that the moving party is entitled to a judgmen er of law." Rule 1.510, Fla. R. Civ. P. It is appropriate to resolve a declaratory action on my judgment when, as here, the decree seeks a legal interpretation of a statute. Rahimj 1 Discoveries, Ltd., LLC, 252 So. 3d 804 (Fla. 5th DCA 2018). # IL The Requested Materials Can Only Be Order Ned y The Clerk Pursuant To A Court Notably, neither Arenberg nor the O is control, custody, or possession of the Requested Materials. Exhibit "A" 13. None ant to Section 905.27(1)(c), Florida Statutes and the Court's inherent authority, Plain ff a court order declaring that Aronberg provide copies of the Requested Materials to Th tZ isir lm Beach Post for the purpose of informing the public. Complaint pg. 20-21. Plaintiff i king eclaratory relief alleging its entitlement to the Requested Materials pursuant to th e g justice" exception to grand jury secrecy. § 905.27, Fla. Stat. (2020). nging its declaratory relief claim pursuant to Section 905.27, Florida Statutes, "a single part dfa statute should not be read in isolation." Universal Prop. & Cas. Ins. Co. v. Loftus, 276 So. 3d 849, 851 (Fla. 4th DCA 2019). "Instead, `all parts of a statute must be read together in order to achieve a consistent whole!" Id. (quoting Forsythe v. Longboat Key Beach Erosion Control Dist., 604 So. 2d 452, 455 (Fla. 1992). Section 905.17(1), Florida Statutes makes clear that grand jury records, like the Requested Materials in this matter, are to be maintained with the Clerk, and can only be released by the Clerk pursuant to a court order. To wit: The stenographic records, notes, and transcriptions made by the court reporter or stenographer shall be filed with the clerk who shall keep them in a sealed container not subject to public inspection. The notes, records, and transcriptions are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), An. I of the tate Constitution and shall be released by the clerk only on request by a grand ju by the grand jury or on order of the court pursuant to s. 905.27. Section 905.17(1), Florida Statutes (2020). (Emphasis added.) Text, context, and purpose are the ordinary tools used for disce ing tory meaning, with the overarching principle being "that judges lack the power to construe an unambiguous statute in a way which would extend, modify, or limit its express terms i able and obvious implications. To do so would be an abrogation of legislative power." , the plain language of section 905.17 is clear and unambiguous and, therefore, contro witz v. Plantation Gen. Hosp. Ltd. P 'ship, 959 So. 2d 176, 182 (Ha. 2007). Accordingly, based on the cl a iguous statutory language set forth in section 905.17(1), only the Clerk, not the State At rney ay release grand jury materials pursuant to an order of the court. Thus, it is apparent f 44". Aronberg and the SAO lack the legal authority to obtain and deliver the Requested Materia xhib7 "A" ¶ 5. Likewise, the declaratory relief sought by the Plaintiff seeks materials that ible for Aronberg or the SAO to produce. Exhibit "A" ¶ 4. Again, the Clerk has sol d possession of the Requested Materials. These facts have been repeatedly made evident by nberg to the Plaintiff and the public through not only the pleadings and correspondence in this matter, but also through an office press release and Aronberg's public social media accounts. Exhibit "A" ¶ 6. Although the above-referenced statutory authority illuminates the fact that only the Clerk may release grand jury records like the Requested Materials herein, it remains significant to note that neither Aronberg nor the SAO has the authority to demand that the Clerk grant the SAO access to grand jury materials after a criminal case has concluded. Exhibit "A" 1 7. Hence, during Aronberg's administration, neither he nor his office has accessed grand jury materials from the Clerk's office in this or any other instance. Exhibit "A" ¶ 8. # HI. Conclusion The ultimate facts underlying the lawsuit are not in dispute. The Court is ful ered to dispose of this matter based on application of the undisputed facts to the plain ge of Section 905.17, Florida Statutes, which renders the Plaintiff's action for declaratc impossibility for Aronberg to perform and that must be denied as a matter of law. WHEREFORE, Defendant, DAVE ARONBERG, as rney of Palm Beach County, Florida, respectfully requests that this motion be grantteed\$ t,5 immary final judgment be entered N in his favor consistent with this motion, and here et lt t Ily requests that this Court dismiss the Complaint with prejudice and grant such othe ' f, i t1uding attorney's fees and costs, as this Court deems fit and proper under the circums # R IFI ATE F ERVI E I HEREBY CERTIFY th is 18th day of August, 2020, a copy of the foregoing has been electronically filed with the ,ittiao E-File Portal for e-service on all parties of record herein. AS No.) SCHOLZ & WYLER, LLC /s/ Douglas A. Wyler ThArtInrEsq. Fla. Bar No.: 10249 Richard J. Scholz, Esq. Fla. Bar No.: 0021261 Douglas A. Wyler, Esq. Fla. Bar No.: 119979 961687 Gateway Blvd., Suite 201-I Fernandina Beach, Florida 32034 (904) 261-3693 (904) 261-7879 Fax Primary: jacobsscholzlaw@comcast.net NOT A CERTIFIED COPY # EXHIBIT “A” NOTA CERTIFIED COPY # EXHIBIT “A” # IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CA FLORIDA HOLDINGS, LLC, Publisher of the PALM BEACH POST, Plaintiff, v. DAVE ARONBERG, as State Attorney of Palm Beach County, Florida; SHARON R. BOCK, as Clerk and Comptroller of Palm Beach County, Florida. Defendants. STATE OF FLORIDA COUNTY OF PALM BEACH CASE NO.: I9-CA-014681 II # AFFIDAVIT OF DAVID AROV 0 Before me, the undersigned authority personally apps DAIrID ARONBERG, being first duly sworn, states: - I. My name is David (Dave) Ar6n add I am the State Attorney for the Fifteenth Judicial Circuit/Palm Beach County, Florida, si 13, a Defendant in the above-captioned matter. - 2. Plaintiff is seeking declariT ry relief, pursuant to Ha. Stat. 905.2 I( I )(c) and the Court's inherent authority, allowing Plaintiff access to the testimony, minutes, and other evidence presented in 2006 to the Palm Beach County grand jury, (the "Requested Materials"), and to use those materials for the purpose of informing thepublic. - 3. Despite plaintiff's above-described action for declaratory relief, neither myself nor the Office of the 'ta ttomey for the Fifteenth Judicial Circuit, ("SAO"), is in control, custody, or possession of the R M rials. As such, the declaratory relief sought by the Plaintiff seeks materials that are impossible y office to produce. - 5. To be clear, neither myself nor the SAO has the legal authority to obtain and deliver the Requested Materials. - 6. I have repeatedly made these facts evident to the Plaintiff and the public through not only the pleadings and correspondence in this matter, but also through an office press release and my public social media accounts. 7. Despite the contentions of Plaintiff, neither myself nor the SAO has the authority to demand that the Clerk grant the SAO access to grand jury materials after a criminal case has concluded. 8. Moreover, during my administration, neither myself nor my office has accessed grand jury materials from the Clerk's office in this or any other instance. 9. As provided in section 905.17(1), Florida Statutes (2020), the Clerk has sole custody and possession of the Requested Materials, which can only be released by the Clerk pursuant to an order of the Court. FURTHER AFFIANT SAYETH NAUGHT. By: STATE OF FLORIDA COUNTY OF PALM BEACH Sworn to and subscribed before me this 30{sup}`th` day of July, 2020, by DAVID ARONBERG, who is personally known to me or has shown \_\_\_\_\_ as personal identification. Notary Public Notary's Stamp or Seal LATOSHA LOWE-GOODE Commission # GG 967815 Expires May 28, 2024 Rendered This Subject Notary Sending