DAVID A. ACTON Attorney Office of the County Attorney

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1 DAVID A. ACTON Attorney Office of the County Attorney Board Certified Specialist 2401 SE Monterey Road City, County, and Local Stuart, Florida Government Law, The Florida Bar RESUME PROFESSIONAL EXPERIENCE SENIOR ASSISTANT COUNTY ATTORNEY 1999 Martin County, Florida Chief litigation attorney, representing the county in civil trial and appellate cases in Florida and Federal courts, and in state and local administrative proceedings. Cases have included land use, growth management and com-prehensive planning, environmental permitting, procurement and contracting, building code enforcement, utilities regulation, public records, First Amend-ment issues, Government in the Sunshine Law, and other matters. Monitor representation of the county by special counsel retained for personal injury cases and specialized litigation. Also provide legal advice to commissioners, county administrator, and county staff; draft ordinances and resolutions; review various documents prepared by county departments; prepare com-mission agenda item summaries; and participate in budget preparation for the Office. Also provide legal services to Clerk of the Circuit Court in bail-bond remission cases and other matters. Office spokesperson at the Martin Cares citizen education program (2001 present). PRIVATE ATTORNEY Watterson, Hyland & Klett, P.A. Palm Beach Gardens, Florida Civil trial and appellate practice in Florida and Federal courts, primarily concentrating on government, land use, and commercial cases. Also: City Attorney, City of Palm Beach Gardens ( )

2 Advised the city council during meetings. Advised the city manager, police department, growth management department, and others on various matters. Drafted ordinances and interlocal agreements. Assistant Town Attorney, Town of Jupiter ( ) Advised code enforcement board and occasionally town council or other boards during meetings. Advised staff on various matters. PRIVATE SOLO PRACTICE David A. Acton, Esq., Attorney at Law West Palm Beach and Jupiter, Florida Criminal trial and appellate practice in Florida and Federal courts. ASSISTANT UNITED STATES ATTORNEY Southern District of Florida West Palm Beach, Florida Prosecutor, criminal trial and appellate cases in Federal courts. ASSISTANT STATE ATTORNEY th Judicial Circuit of Florida West Palm Beach, Florida Prosecutor, felony criminal trial cases in State court. Service included: Major Crimes Division attorney (e.g. capital homicide cases) Intake Division Chief, supervising attorneys and staff Senior attorney of a felony division, supervising attorneys and staff JUDGE ADVOCATE, U.S. NAVY Naval Legal Service Office Washington, DC Active duty (highest rank: Lieutenant Commander). Service included: Senior prosecutor, NLSO, supervising other attorneys and legalmen Staff attorney, Investigations Div., Office of the J.A.G. PROFESSIONAL QUALIFICATIONS FLORIDA SUPREME COURT Admitted: 1977

3 U.S. DISTRICT COURT, SOUTHERN DIST. OF FLORIDA Admitted: 1989 U.S. COURT OF APPEALS, FEDERAL CIRCUIT Admitted: 1996 UNITED STATES SUPREME COURT Admitted: 1984 PROFESSIONAL EDUCATION UNIVERSITY OF MIAMI SCHOOL OF LAW Juris Doctorate, 1977 Florida Bar Moot Court Competition, 1976 Winning team and Best Oralist award GEORGETOWN UNIVERSITY LAW CENTER Post-doctorate coursework, Master of Laws program UNDERGRADUATE EDUCATION UNIVERSITY OF MIAMI Bachelor of Arts, magna cum laude, 1974 President, Honors Students Association CONTINUING LEGAL EDUCATION request) PROFESSIONAL ASSOCIATIONS (List of courses available on THE FLORIDA BAR 1977 Board Certified, City, County, & Local Government Law 2004 Appointed member, Appellate Rules Committee Member, City, County, and Local Government Law Section (former elected member, Executive Council) Member, Trial Lawyers Section Member, Appellate Practice and Advocacy Section Member, Environmental and Land Use Law Section

4 AMERICAN BAR ASSOCIATION 1979 Member, State and Local Government Law Section Member, Litigation Section MARTIN COUNTY BAR ASSOCIATION 2000 Member, Trial Lawyers Committee FLORIDA ASSOCIATION OF COUNTY ATTORNEYS 2012 APPELLATE CASES REPORTED* Martin County Conservation Alliance and 1000 Friends of Florida vs. Martin County, 73 So.3d 856 (Fla. 1st DCA 2011), rev. granted, 90 So.3d 274 (Fla. 2012) Martin County v. Polivka Paving, Inc., 44 So.3d 126 (Fla. 4th DCA 2010), rev. denied, 48 So.3d 837 (Fla. 2010); also 82 So.3d 1023 (Fla. 4th DCA 2011) Sally O Connell, et al vs. Fla. Dep t of Community Affairs, Martin County, et al, 874 So.2d 673 (Fla. 4th DCA 2004) Slusher vs. Martin County and SFWMD, 859 So.2d 545 (Fla. 4th DCA 2003) Martin County, et al vs. Alesi, et al, 10 Fla. L.W.Supp. 302b (Fla. 19th Jud. Cir. 2003) Moore vs. Palm Beach County, 731 So.2d 754 (Fla. 4th DCA 1999) Brockway vs. Town of Golfview, 675 So.2d 699 (Fla. 4th DCA 1996) Waterfront Properties, Inc. vs. Coast to Coast Real Est., Inc., 668 So.2d 686 (Fla. 4th DCA 1996), rev. denied, 680 So.2d 426 (Fla. 1996); also 679 So.2d 48 (Fla. 4th DCA 1996) Everglades Memorial Hosp., Inc. vs. Palm Beach County Health Care Dist., 658 So.2d 577 (Fla. 4th DCA 1995), rev. dism., 670 So.2d 938 (Fla. 1996)

5 * Omitting per curiam decisions and criminal appeals (pre-1993). PERSONAL INFORMATION Town of Jupiter Planning & Zoning Commission 2003 Florida resident for approximately 48 years Married to Janice L. Miller, MD; two children Born December, 1952, in St. Louis, Missouri PERSONAL REFERNCES Stephen Fry, Esq. ( ) 154 SE Wells Dr. Stuart, FL Former County Attorney, Martin County Gary K. Oldehoff, Esq. Lewis, Stroud & Deutsch Gov t Law 1900 Glades Rd., Suite 251 Boca Raton, FL goldehoff@lsdlaw.net Former County Attorney, Martin County Board Certified City, County, & Local Susan Churuti, Esq. Former County Attorney, Pinellas County Bryant Miller Olive Board Certified City, County, & Local Gov t Law 201 N. Franklin St., Stuite 2700 Tampa, FL schuruti@bmolaw.com Thomas J. Baird, Esq. Town Attorney, Town of Jupiter Jones, Foster, Johnston Board Certified City, County, & Local Gov t Law & Stubbs, PA 801 Maplewood Dr., Suite 22A Jupiter, FL tbaird@jones-foster.com

6 Additional references available on request.