PROSECUTION MALICIOUS | BRIAN KEISACKER

The detailed information herein are a compilation of this author's opinion and thoughts which are Constitutionally protected by the First Amendment of the United States Constitution, (Note it is the FIRST AMENDMENT for a specific reason) which are beliefs and ideas based on foul experiences with Florida attorney Brian Keisacker as well as comments regarding due process violations issued by the Circuit Court. The Sarasota County Ordinance/law # 22-127(3) is what attorney and lawyer Brian Keisacker is violating by even sitting on the Sarasota County General Contractors Licensing and Examining Board as one of the consumer representatives, citizens at large, which unambiguously and definitely (def·i·nite·ly /ˈdef(ə)nətlē/ without doubt) states... “The citizen at large member shall be selected for appointment from Sarasota County resident applicants deriving "no income" from any source connected with the construction industry." Therefore, the facts show that Brian Keisacker is a lw violator and an unethical violator of the United States Constitution. Brian Keisacker defiantly refuses to adhere to the laws AND to adhere to the oath he took to solemnly swear to support the United States and the State of Florida Constitution.

Sarasota County
Code Corruption

Civil Rights
The dedication of people to right the wrongs perpetrated on innocent Sarasota citizens and contractors, extends to pursuing action against government agencies, employers, and retail establishments for civil rights violations involving discrimination and harassment, code enforcement misconduct, and abuses of power. These important cases not only seek to compensate individuals for the harm done to them, but to change public policy and prevent similar abuses from happening to others.

MALICIOUS CIVIL PROSECUTION These cases are a result of malicious civil prosecution. These cases began back in October 2017 when the citation was issued under case numbers CC-17-3606, CC-17-3949 and CC-17-4056(A). On Dec. 15, 2017, a hearing was held on the initial hearing, but was continued in order for the county to obtain a witness, which is not allowed and where Harvey Ayers lied under oath. A second hearing was held on Feb. 9, 2018. That hearing resulted in the county voluntarily dismissing all pending citations against me for their failure to meet statutory and ordinance requirement that the citation list the date and time of the alleged violation. On Feb. 12, 2018, the citations were all reissued. Those citations were scheduled to go to hearing April 13 2018, and April 20, 2018, but both were cancelled. On April 6, 2018, the County reissued the same citations, changing a few words of the facts, but under the new case number before the court today. The county is engaging in malicious civil prosecution of this citation. The county is well aware that the citation still fails to comport with the statutory requirements that it denote an accurate time and date. The county also continues to rely on the testimony of Harvey Ayers who they know to be unreliable, and who has a sordid history of unreputable conduct and dishonesty. Mr. Ayers has even committed the criminal offense of perjury on two occasions related to litigation, which I am involved, yet the county does not blink an eye when using him to attempt to prove its case. There is no reasonable explanation for the manner in which the county has decided to pursue its prosecution of me. It is malicious prosecution. The county lacked probable cause to bring forth these citations and allegations and continue to lack probable cause six long months later. I have won a favorable ruling in this case on Feb. 9, 2018, and on June 8, 2018 the citations were dismissed. Yet, the county has since reissued the citations twice and changed the wording to suit themselves and stated that a licensed contractor is in violation when he simply signs a contract.

BRIAN KEISACKER:

BRIAN KEISACKER:

BRIAN KEISACKER:
BRIAN KEISACKER IGNORES THE LAW

BRIAN KEISACKER:

I CERTAINLY WOULD NOT RECOMMEND EVER HIRING THIS UNETHICAL LAWYER - BRIAN KEISACKER!

Brian Keisacker works for Ulrich, Scarlet, Wickman & Dean, P.A. in Sarasota, Florida.

One can only apply the facts and deduce that Brian Keisacker is Unethical!

Brian Keisacker

Brian Keisacker

Brian Keisacker would rather be unethical, than follow the Sarasota County Ordinance 22-127(3).

From the transcript of August 15, 2019:
"…Attorney Brian Keisacker, the rules -- the rules regulating the Florida Bar state that a lawyer shall not engage in conduct that is prejudicial to the administration of justice. That rule is under the ethics Chapter 4, which is 4-8.4(d) as in David. I hereby request that you recuse yourself from this hearing and this board."

"…I believe that you're violating the rules regulating the Florida Bar and I believe that it's unethical and you should not be serving on this board. And you've known for a long time that you derive income from the construction industry and are unqualified to serve on this board."
CHAIRMAN KEISACKER: And if you feel that way, I invite you to inform the Florida Bar that you feel I'm in violation --
Arrogance and unethical behavior by Brian Keisacker!

Brian Keisacker

BRIAN KEISACKER

Brian Keisacker

SEE SARASOTA COUNTY ORDINANCE 22-127(3)

BRIAN KEISACKER

Brian Keisacker Sarasota, Florida.

SEE SARASOTA COUNTY ORDINANCE 22-127(3)

(2) Quorum. The General Contractors Licensing and Examining Board shall require six members present for a quorum and a majority of affirmative votes shall be required for passage of any Board action. The Mechanical Contractors Licensing and Examining Board shall require six members present for a quorum and a majority of affirmative votes shall be required for passage of any Board action.

(3) Qualifications. Architects and Engineers are not required to be professionally registered in the State of Florida as a condition of appointment to a Board. The citizen at large member (Lawyer Brian Keisacker) shall be selected for appointment from Sarasota County resident applicants deriving no income from any source connected with the construction industry. Appointment shall be based on demonstrable training and experience acceptable to the Board of County Commissioners. PLAIN AND SIMPLE! Brian Keisacker is defiant!
4) Term of Appointment. Board members shall be appointed for a period of three years. The Board of County Commissioners may relieve Licensing Board members of their appointment for failure to attend a majority of the meetings each fiscal year. The appointed members of the Boards shall proceed to select a Chairman, Vice Chairman and a Secretary.

If a lawyer, namely Brian Keisacker does not know what due process is, ignores the legal doctrine of a meaningful opportunity to be heard, did not giving proper notice to a litigant before issuing a ruling stated notice was given when it wasn’t that was overturned by the Circuit Court and who serves on a local Sarasota County contractor board illegally as a consumer representative in violation of the ordinance then what was the purpose of going to law school at Stetson Law School? Is Brian Keisacker untrained? Is Brian Keisacker that corrupt and one sided? Is Brian Keisacker purposefully ignorant to the law? Or is Brian David Keisacker corrupt? You decide and ask yourself, would you even dream about hiring Brian Keisacker for any reason after discovering who he is? All the above are supported by the facts!

It is our beliefs from personal experiences with lawyer Brian D. Keisacker, has violated Respondent’s constitution rights where Brian D. Keisacker as chairman of the Sarasota County General Contractors Licensing and Examining Board did not accord due process guaranteed under the United States Constitution and served as a consumer representative, Brian Keisacker is in clear violation of Sarasota County Ordinance 22-127(3), where Brian Keisacker earns income from the construction industry.
Yet Brian Keisacker refuses to follow the law:

Brian Keisacker
Brian Keisacker sits on the Board as a “Citizen at large (consumer representative)," one of three such positions required by Sarasota County Code § 22-127(1)(a). Of note, "[t]he citizen at large member shall be selected for appointment from Sarasota County resident applicants deriving no income from any source connected with the construction industry." Sarasota County Code § 22-127(3) (emphasis added). See also, § 489.131(10), Florida Statutes (2019).
Brian Keisacker represents dozens of clients in matters that are directly related to the construction industry.

In a résumé submitted with Brian Keisacker’s advisory application, Keisacker states:

“Prepare and file pleadings, motions, and responses to all aspects civil litigation in areas including foreclosure, boundary disputes, construction defects…”

Since Brian Keisacker practices construction law and collects fees from construction related clients, he is currently deriving income from the construction industry, which is prohibited for individuals serving on the Board in his capacity. Brian Keisacker’s application to serve on the Board clearly and definitively indicates Brian Keisacker derives income from the construction industry, thereby defeating the intended purpose of a citizen/consumer representative.
Brian Keisacker’s specializes in construction law and advertises on their website as follows:

“Our firm provides a variety of services to contractors, subcontractors, suppliers, homeowners in connection with construction law matters, including preparation, negotiation and review of construction agreements as well as the preparation and service of notices to owner, claims of lien, contractor final affidavits and other document required by the Florida Construction Lien Law. Should litigation become necessary to enforce or defend the claim of a construction lienor, we prosecute and defend all aspects of lien foreclosure actions.”

Therefore, Brian Keisacker must not be on the Sarasota County General Contractors Licensing and Examining Board, yet Brian Keisacker is defiant and will not follow the ethical rules Brian Keisacker is supposed to follow.
In sum, since Brian Keisacker occupies a seat on the Board which forbids earning income from the construction industry, Brian Keisacker may NOT legally serve the citizens of Sarasota County on its General Contractors Licensing and Examining Board, and Brian Keisacker cannot and must not preside over matters within the jurisdiction of the Board. ALL Respondents have a right to be heard before a Board comprised of individuals who meet all of the statute and ordinance requirements for service on the Board. Brian Keisacker

SARASOTA COUNTY GENERAL CONTRACTORS
LICENSING AND EXAMINING BOARD

UNQUALIFIED BOARD MEMBER
CONSTRUCTION ATTORNEY, BRIAN KEISACKER

August 21, 2019

Sarasota County Board of County Commissioners
1660 Ringling Blvd. Sarasota, Florida 34236

The Sarasota County Code and Florida Statutes outline certain parameters or requirements that applicants must satisfy before being appointed to, or serving on local licensing boards. The Sarasota County General Contractors Licensing and Examining Board contains a member that fails to meet the County Code and state statute requirements and must be disqualified from serving on the board.
Sec. 22-127. - Contractors Licensing and Examining Boards.
(3)…The citizen at large member shall be selected for appointment from Sarasota County resident applicants deriving no income from any source connected with the construction industry. Appointment shall be based on demonstrable training and experience acceptable to the Board of County Commissioners.

-Brian Keisacker

Construction attorney Brian Keisacker holds a consumer representative position on the Board. However, he is an associate attorney for the law firm Ulrich, Scarlet, Wickman & Dean, P.A., and represents dozens of clients in matters that are directly related to the construction industry.

In a résumé submitted with Mr. Keisacker’s advisory application, Keisacker states:

“Prepare all file pleadings, motions, and responses to all aspects civil litigation in areas including foreclosure, boundary disputes, construction defects…”

Since Mr. Keisacker practices construction law and collects fees from construction related clients, he is currently deriving income from the construction industry, which is prohibited for individuals serving on the Board in his capacity. Mr. Keisacker’s application to serve on the Board clearly and definitively indicates he derives income from the construction industry, thereby defeating the intended purpose of a citizen/consumer representative.
Mr. Keisacker’s law firm specializes in construction law and advertises on their website as follows:
“Our firm provides a variety of services to contractors, subcontractors, suppliers, homeowners in connection with construction law matters, including preparation, negotiation and review of construction agreements as well as the preparation and service of notices to owner, claims of lien, contractor final affidavits and other document required by the Florida Construction Lien Law. Should litigation become necessary to enforce or defend the claim of a construction lienor, we prosecute and defend all aspects of lien foreclosure actions.”

Therefore, Mr. Keisacker is unqualified to serve as a consumer/citizen representative on the board.
It is the responsibility of Matthew Osterhoudt, who is the Director of Planning and Development Services as well as the Building Department, specifically building official Kathleen Croteau and her deputy Guy McCauley to ensure that it has properly screened applicants for the General Contractors Licensing and Examining Board for submission to the Board of County Commissioners who make the ultimate decision whether that person should sit on the board. Since you are now fully aware that Brian Keisacker derives income from the construction industry, you should proceed appropriately.
In sum, since Brian Keisacker occupies a seat on the Board which forbids earning income from the construction industry, he may not legally serve the citizens of Sarasota County on its General Contractors Licensing and Examining Board, and cannot and must not be reappointed for another term.

BRIAN KEISACKER

UTTERLY SHAMEFUL! AND A DISGRACE!