Claudio v. Clerk of Circuit Court, Volusia County
Docket: No. 5D13-1801
Court: District Court of Appeal of Florida; November 14, 2013; Florida; State Appellate Court
Raymond Claudio filed a petition for a writ of mandamus to compel the Clerk of Court of Volusia County to accept his “petition for accelerated hearing” related to a public records request. He argues that under section 119.11 of the Florida Statutes, the court must schedule an immediate hearing upon the filing of a civil action to enforce public records law. The Clerk responded that there is no record of Claudio’s filing and no pending case involving him. The court noted that a petition for accelerated hearing does not constitute a civil action as defined by the statute, which requires a formal complaint, counterclaim, or cross-claim. Although the court referenced a previous case, Woodfaulk v. State, where the term "Petition for Accelerated Hearing" was used, it clarified that this was not sufficient to commence a civil action. The court emphasized that while a motion for accelerated hearing could be filed, it cannot replace the need for a formal complaint. Recognizing Claudio's good faith reliance on the Woodfaulk case, the court directed that upon his resubmission of the “Petition for Expedited Hearing,” the Clerk must accept it as a complaint to enforce the public records law. The court explicitly stated that this does not imply that Claudio’s public records request is valid or that he is entitled to relief. The court withheld issuing the writ, expecting compliance from the Clerk upon receipt of the petition. Additionally, it acknowledged Claudio's previous Spencer orders, which prohibit pro se filings related to his prior criminal case, but chose to address the current matter despite these restrictions due to insufficient information on whether this action violates those orders. The petition was granted, but the writ was withheld, and Claudio was reminded of the prohibition on pro se filings, warning that violations could lead to sanctions.