From: To: Subject: Re: Meeting follow-up regarding technology and advanced manufacturing Date: Friday, February 13, 2015 3:21:06 PM Ben, Is there a web site that contains the proposed Compact that was given to the Legislative Branch? Thank you, Jillaine Owens Sent from my iPhone On Oct 6, 2014, at 9:01 PM, Jill Owens wrote: Ben. It was good speaking with you and Mr. Antonacci last week. It is my hope that Governor Scott will consider support for legalizing competitive design technology and advanced manufacturing for casino gaming equipment and management systems in Florida for national and international markets. I believe the development of this specialized industry is one of three objectives that would create a more globally competitive and sustainable gaming industry for the state. with the other objectives being advanced MBA and innovation and commercialization programs at key universities with strong hospitality and computer science programs. and a hub of luxury resort-casinos in South Florida with intellectual capital from Europe. Florida and Las Vegas, the global hub of the industry. With that said, my focus is manufacturing within this specialized sector for the following reasons: Bene?ts Florida 0 diversities the manufacturing sector a expands Florida's advanced technology infrastructure with patentable, scalable and exportable content and creating new avenues for increasing gaming revenues 0 creates innovative products used in the dynamic international market (The U.S.'s $13 billon gaming manufacturing industry continued expansion and positive gains in 2012 due to the market demands of younger consumers, new games with social content, improved market conditions and investments.) 0 supports the Governor?s and Enterprise Florida's goal to expand and diversify the state?s economy through job creation . provides high paying jobs with annual wage averages of approximately $73,000, compared to the US. average of $45,000 a revenue support for local vendors, suppliers and services through industry related purchases and contracts generates intellectual property with ongoing return revenues to the state Bene?ts the casino technology/manufacturing industry - bene?ts from Florida's Strategic Plan for Economic Development - plugs into the state's strong talent and innovation-oriented clusters of universities and tech-industries. particularly those within the digital media. software and computer systems industries . highly competitive in ?nancing and tax incentives (Florida offers customized economic development incentives) - strategic location for international commerce and tremendous variation in site selection with access to transportation infrastructure a bene?ts from local and regional business communities that are competitively motivated in recruiting emerging industries and innovative startup businesses Thank you, again, for your time. Please forward this information to Mr. Antonacci and I will follow up with a formal thank you. Regards, Jillaine (Jill) Owens mam From: Ilium To: Subject: FW: Question for Jackie Schutz, deadline latest Date: Friday, February 13, 2015 2:36:56 PM From: John Sent: Friday. February 13, 2015 2:21:56 PM To: Media Subject: Question for Jackie Schutz, deadline latest Auto fonlvarded by a Rule Ms. Schutz, As you know, last November a federal court by a 2 to 1 vote forbade the state of Florida from removing illegal aliens and other noncitizen from its voter rolls in the 90 days before a federal election. Even the Justice Department has dropped its objection to Florida's actions in this regard. But the deadline for the appeal of the decision is days away and Florida has not acted. The decision is entirely within the governor's of?ce to appeal Does the Governor plan to appeal? If so, what are his main arguments? if not, what reasons are there for him not to appeal? Many thanks for your help. My phone is 917 957 4071 and you have my personal email because spam sometimes blocks messages to my work email. From: To: Me Subject: FW: Arcia v. De?ner Date: Thursday, February 12, 2015 1:09:19 PM Attachments: From: Wint, Diane Z. Sent: Thursday, February 12, 2015 12:58 PM To: Atkinson, Drew Subject: Arcia v. Detzner 5m Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 500 South Bronough Street, Suite 100 Tallahassee, Florida 32399-0250 850.245.6536 850.245.6127 .m 1.1 Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a Speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. @ItsWorkingFL The Department of State is committed to excellence. Please take our Customer Sahsfactron Survey. Case Document 149 Entered on FLSD Docket 02/12/2015 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 12-22282-CIV-ZLOCH KARLA VANESSA ARCIA, et a1. Plaintiffs, 0 vs. KEN DETZNER, in his Official capacity as Florida Secretary of State, Defendant. THIS MATTER is before the Court upon Mandate of the United States Court of Appeals for the Eleventh Circuit (DE 141). The Court has carefully reviewed said Mandate, the entire court file and is otherwise fully advised in the premises. The above?styled cause concerns the implementation of the program known as ?Processing Registered Voters Non-Immigrants? (hereinafter ?the Program?) by Defendant Florida Secretary of State Ken Detzner (hereinafter ?Secretary Detzner?), which sought to remove non-citizens from the voting rolls in the State of Florida. One of the laudable goals of this effort certainly was to prevent voter fraud. On June 19, 2012, Plaintiffs initiated this case with the filing of their Complaint (DE 1), alleging that the Program violated certain provisions of the Voting Rights Act (hereinafter ?the 42 U.S.C. 1973 e; se ., and the National Voter Registration Act (hereinafter ?the 42 U.S.C. 1973gg?1 gt EEQE On September 12, 2012, the Parties stipulated to the dismissal of all claims except for Plaintiffs' claim that the Program violates Case Document 149 Entered on FLSD Docket 02/12/2015 Page 2 of 5 the prohibition on completing ?not later than 90 days prior to the date of a primary or general election for Federal office, any program the purpose of which is to systematically remove the names of ineligible voters from the official list of eligible voters.? 42 U.S.C. ?the 90~Day Provision?). See DE 56. After holding an evidentiary hearing, the Court ultimately entered an Order (DE 124) and Final Judgment (DE 125) in favor of Defendant Secretary' Detzner, finding? that the Program c?ri not violate the 90?Day Provision of the NVRA.1 The Court held that interpreting the NVRA in this manner allowed the Court to avoid reaching the constitutional question of whether Congress has the right to deprive the states of their authority to determine the qualifications of eligible voters in Federal elections, pursuant to Article 1, Section 2 of the United States Constitution. 124. An appeal was then taken to the Eleventh Circuit Court of Appeals. DE 126. The above?styled cause has now been reversed and remanded to this Court by a two-judge majority of the Eleventh Circuit with instructions for this Court to enter an Order declaring that Secretary Detzner?s actions were in violation of the 90?Day Provision of the NVRA. See DE 141. Throughout this litigation, this Court has been mindful of the Supreme Court's ?guiding principle" that ?where a statute is susceptible of two constructions, by one of which grave and doubtful constitutional questions arise and tax the other which such 1 This was also the conclusion reached by the Court in United States v. Florida, 870 F. Supp. 2d 1346 (N.D. Fla. 2012). 2 Case Document 149 Entered on FLSD Docket 02/12/2015 Page 3 of 5 questions are avoided, our duty is to adopt the latter." Jones v. United States, 529 U.S. 848, 857 (2000). In this Court's view, such ?grave and doubtful constitutional questions" are raised by interpreting the 90?Day Provision in the manner now required.by the two?judge majority. lg; The possibility of a potential constitutional problem was also touched upon in the now withdrawn concurrence of the Circuit Judge .Adalberto x?ordan.2 However, instead.of remanding the case to have the constitutionality question developed and addressed, the two?judge majority has now left it for another court on another day??or left it for Congress to correct. In the meantime, non?citizens, who were never eligible to vote in the first instance, will remain on the voting rolls within 90 days of a Federal election, and there is nothing practical the State of Florida can do about it. As the 90?Day Provision applies only to programs which ?systematically? remove the names of ineligible voters, this two? judge majority suggests that it ?does not bar a state from investigating potential non?citizens and removing them on the basis 2 The withdrawn Concurrence states, in pertinent part: Any constitutional problems would arise only in a future case squarely presenting the application of the General Removal Provision. Before any such case arises, Congress has the ability to change the language of the General Removal Provision (as well as the ability to modify the exceptions to the 90?Day Provision if it so desires). Should it not do so, the court addressing such a future case may have to the argument that Congress drafted ea portion (If the NVRA jJ] an unconstitutional manner. Arcia v. Florida Secretary of State, 746 F.3d 1273, 1288 (11th Cir. 2014) (Jordan, J., concurring). Case Document 149 Entered on FLSD Docket 02/12/2015 Page 4 of 5 of individualized information, even within the 90?day window,? DE 141. Therefore, the specious method of removing non?citizens from the voting rolls within 90 days of a Federal election prOposed by the two-judge majority is one based upon ?individual correspondence or rigorous individualized inquiry.? DE 141. This Court seriously questions how any such individualized process could ever be implemented and undertaken by a state in an effective and orderly fashion 90 days before a Federal election. The Supreme Court has long recognized that the United States Constitution undeniably ?protects the right of all Qualified citizens to vote? in federal elections. Reynolds v. Sims, 377 U.S. 533, 554 (l964)(emphasis added). Indeed, ?No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, even the most basic, are illusory if the right to vote is undermined.? Wesberry v. Sanders, 376 U.S. 1, 17 (1964). This most fundamental and constitutionally protected right ?can be denied by a debasement or dilution of the weight of a citizen?s vote just as effectively as by wholly prohibiting the free exercise of the franchise.? Re nolds, 377 U.S. at 555. It is not lost on this Court that with every vote that is cast by those whose voter registrations are void ab initio because of their status as non? citizens, debasement and dilution of the votes of American citizens will naturally follow. Accordingly, after due consideration, it is ORDERED AND ADJUDGED as follows: 1. The Court's prior Order (DE 124) and Final Judgment (DE 125) Case Document 149 Entered on FLSD Docket 02/12/2015 Page 5 of 5 be and the same are hereby VACATED, set aside anuj of no further force or effect; and 2. Pursuant to the instruction of the Eleventh Circuit (DE 141), the Court finds that Secretary Detzner's .actions were in violation of the 90?Day Provision of the and 3. Final Judgment will be entered by separate Order. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 12th day of February, 2015. WILLIAM J. United States District Judge Copies Furnished: A11 Counsel of Record Amy Nerenberg, Acting Clerk of Court United States Court of Appeals for the Eleventh Circuit (Eleventh Circuit Case 12-15738) Case Document 150 Entered on FLSD Docket 02/12/2015 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 12-22282-CIV-ZLOCH KARLA VANESSA ARCIA, et al. Plaintiffs, FINAL JUDGMENT VS. KEN DETZNER, in his Official capacity as Florida Secretary of State, Defendant. THIS MATTER is before the Court upon Mandate of the United States Court of Appeals for the Eleventh Circuit (DE 141). The Court has carefully reviewed the entire court file and is otherwise fully advised in the premises. Accordingly after due consideration, it is ORDERED AND ADJUDGED as follows: 1. Final Judgment be and the same is hereby ENTERED in favor of Plaintiffs Karla Vanessa Arcia, Melande Antoine, Florida Immigrant Coalition, Inc., National Congress for Puerto Rican Rights, and 1998EIU United Healthcare Workers East and against Defendant Ken Detzner, in his official capacity as Florida Secretary of State, upon the First Amended Complaint (DE 57) filed herein; and Case Document 150 Entered on FLSD Docket 02/12/2015 Page 2 of 2 2. To the extent not otherwise disposed of herein, all pending motions are hereby DENIED as moot. DONE AND ORDERED in Chambers at Fort Landerdale, Broward County, Florida this 12th day of February, 2015. wu?j United States District Judge Copies furnished: All Counsel of Record From: Tu: Date: Thursday, February 12, 2015 11:3:28 AM @ltsWorkingFL - What's Marking From: ?lm Tu: Cc: Wren Subject: Re: Amended Gov Chart 2?11-15 Babe: Thursday, February 12, 2015 10:01:53 AM Thanks! Ben Gibson On Feb 12, 2015, at 9:30 AM, Wint, Diane Z. wrote: I?ll update it and send over another copy. ?ame WM Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 8 850.245.6513 From: Gibson, Ben Sent: Thursday, February 12, 2015 8:49 AM To: Wint, Diane 2. Ce: Atkinson, Drew Subject: RE: Amended Gov Chart 2-11-15 Thank you Diane as always. Going forward, please highlight any new status updates on the sheet. That makes it easy to see updates. And i think we need the most recent Steinberg quo warranto case on the chart too. Best, Ben From: Wint, Diane Z. Sent: Wednesday, February 11, 2015 5:24 PM To: Jefferson, Tyler Cc: Gibson, Ben; Atkinson, Drew Subject: Amended Gov Chart 2-11-15 Tyler please ?nd attached an amended Gov. Chart with the correct date on it. Please disregard the one sent earlier. Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 850.245.6513 From: Wint, Diane Z. Sent: Wednesday, February 11, 2015 5:21 PM To: 'Jefferson, Tyler' Cc: Drew Atkinson (Wham) Subject: Gov Chart 2-11-15 Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 500 South Bronough Street, Suite 100 Tallahassee, Florida 32399-0250 3? 850.245.6536 850.245.6127 9 Wm Note: This reSponse is provided for reference only and does not constitute a formal legal Opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. @ltsWorkingF The Depanment of Stale is committed to excellence. Please take our Customer Satisfaction Survey. From: mm To: Cc: MSW Subject: RE: Amended Gov Chart 2-11-15 Date: Thursday, February 12, 2015 9:30:47 AM I?ll update it and send over another copy. Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 850.245.6513 From: Gibson, Ben Sent: Thursday, February 12, 2015 8:49 AM To: Wint, Diane Z. Cc: Atkinson, Drew Subject: RE: Amended Gov Chart 2-11-15 Thank you Diane as always. Gomg forward, please highlight any new status updates on the sheet. That makes it easy to see updates. And I think we need the most recent Steinberg quo warranto case on the chart too. Best, Ben From: Wint, Diane Z. Sent: Wednesday, February 11, 2015 5:24 PM To: Jefferson, Tyler Cc: Gibson, Ben; Atkinson, Drew Subject: Amended Gov Chart 2-11-15 Tyler please ?nd attached an amended Gov. Chart with the correct date on it. Please disregard the one sent earlier. Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State ?3 850.245.6513 From: Wint, Diane 2. Sent: Wednesday, February 11, 2015 5:21 PM To: 'Jefferson, Tyier' Cc: Drew Atkinson Subject: Gov Chart 2?11?15 ?ame Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 500 South Bronough Street, Suite 100 Tallahassee, Florida 32399-0250 3? 850.245.6536 850.245.6127 . . Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, andlor consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. The Department of State is committed to excellence. Please take our Customer Satisfaction Survey. From: To: Cc: Subject: Re: Amended Gov Chart 2?11-15 Date: Thursday, February 12, 2015 10:01:53 AM Thanks! Ben Gibson 011 Feb 12, 2015, at 9:30 AM, Wint, Diane Z. wrote: I ?11 update it and send over another copy. Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 850.245.6513 From: Gibson, Ben Sent: Thursday, February 12, 2015 8:49 AM To: Wint, Diane Z. Cc: Atkinson, Drew Subject: RE: Amended Gov Chart 2-11-15 Thank you Diane as always. Going forward, please highlight any new status updates on the sheet. That makes it easy to see updates. And I think we need the most recent Steinberg quo warranto case on the chart too. Best, Ben From: Wint, Diane Z. Sent: Wednesday, February 11, 2015 5:24 PM To: Jefferson, Tyler Cc: Gibson, Ben; Atkinson, Drew Subject: Amended Gov Chart 2-11-15 Tyler please ?nd attached an amended Gov. Chart with the correct date on it. Please disregard the one sent earlier. Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State ?3 850.245.6513 From: Wint, Diane 2. Sent: Wednesday, February 11, 2015 5:21 PM To: 'Jefferson, Tyler' Cc: Drew Atkinson (WW) Subject: Gov Chart 2?11-15 0W Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 500 South Bronough Street, Suite 100 Tallahassee, Florida 32399-0250 ?3 850.245.6536 E: 850.245.6127 81 Note: This reSponse is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. rkingFL The Department of State is committed to excellence. Please take our Customer From: 5mm To: mm Subject: Fwd: Miami Herald: Judge sets date to hear arguments regarding Pizzi?s lawsuit Date: Thursday, February 12, 2015 8:06:34 AM FYI Ben Gibson Begin forwarded message: From: "News Alerts" Date: February 12, 2015 at 6:16:06 AM EST Subject: Miami Herald: Judge sets date to hear arguments regarding Pizzi's lawsuit Miami Herald Paradise Afshar February 11. 2015 On March 18, Miami Lakes residents will be one step closer to knowing for sure who their mayor is. On Wednesday. Miami-Dade Circuit Judge Gisela Cardonne Ely set the date to hear arguments regarding former Miami Lakes Mayor Michael Pizzi?s lawsuit to regain the mayoral position something he's been ?ghting for since he was acquitted of federal bribery charges last year. Ultimately the suit, which contains seven counts, boils down to the question of who is entitled to the mayoral seat. In January, Pizzi ?led suit against Mayor Wayne Slaton. the Town of Miami Lakes and Town Clerk Marjorie Tejeda-Castillo in January, demanding his job as mayor back. The town attempted to the entire case dismissed on Tuesday; however, the judge only dismissed two counts including the one that was suing Tejeda-Castillo. Lawyers for the town and Slaton have been given until March 2 to respond. in writing. to the remaining counts in suit. Then on March 18, the courtroom showdown will occur. Meanwhile. both sides were claiming victory Wednesday afternoon. "The judge decided to focus on the legal issue so we?re very happy with the outcome," said town attorney, Raul Gastesi. ?We?re con?dent. The town?s position is that the Charter speaks for itself and should be upheld.? Pizzi is also celebrating. won in federal court, I won in the Florida Supreme Court, and today the town?s motion to dismiss was denied just hope I continue on this winning streak,? he said. fully expect to be back in town hall, as mayor, by the end of March.? The controversy over the Miami Lakes mayoral seat began in August 2013 when Pizzi was arrest on federal bribery charges while he was in the midst of completing his second four-year term in of?ce, slated to expire in 2016. Slaton won a special election in October 2013 a victory that he and the town claim make him Pizzi's permanent replacement. In December, Gov. Rick Scott revoked Pizzi '5 suspension, following a decision by the Florida Supreme Court. Neither Scott nor the high court reinstated Pizzi to the mayoral seat, as Pizzi never asked to be reinstated as mayor. Pizzi ?led suit to reclaim his seat in January after the town insisted that Slaton was its rightful mayor because the special election was binding Next month's court hearing will determine who the town?s mayor will be until the town?s 2016 election. From: Glhm?n To: We: Subject: Updates Date: Wednesday, February 11, 2015 5:59:08 PM Need status update on these 3 cases: House of Rep. v. Romo Worley v. Florida Sec. of State Adams v. Bray Thanks @ltsWorkingF?L Whui's Writing From: Tu: lettema?er Cc: 5mm; mummy Subject: Amended Gov Chart 2-11-15 Date: Wednesday, February 11, 2015 5:24:34 PM Rudiments: Tyler please ?nd attached an amended Gov. Chart with the correct date on it. Please disregard the one sent earlier. Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 850.245.6513 From: Wint, Diane Z. Sent: Wednesday, February 11, 2015 5:21 PM To: 'Jefferson, Tyler' Cc: Drew Atkinson Subject: Gov Chart 2-11-15 Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 500 South Bronough Street, Suite 100 Tallahassee, Florida 32399-0250 ?3 850.245.6536 850.245.6127 Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/0r consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available t0 the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. @lisworking FE The Deparlment of Slate is committed to excellence. Please take our Customer Satisfaction Survev. Case 5inches-vs v. FDOS Ed Cir., Leon Co. 3ir. Ct. to. ludge: Charles A. :rancis PRIORITY CASE DOCKET DOS 2-11-15 'Sllin'manr 11: Steven R. Andrews 8: Drew Atkinson Ashley Davis Petition for writ of mandamus to force production of public records. 1 1/25/13 11/25/13 01/18/14 02/11/14 02/13/14 02/19/14 02/19/14 02/20/14 03/21/14 04/10/14 04/1 1/14 04/24/14 04/24/14 04/29/14 05/02/14 05/07/14 05/14/14 05/22/14 05/30/14 05/30/14 05/30/14 06/03/14 06/04/14 06/05/14 09/02/14 09/02/14 10/20/14 12/02/14 12/04/14 12/09/14 12/31/14 01/21/15 02/10/15 Peutlaon for Writ of Mandamus Request for Admissions Amended Petition for Writ of Mand. Mot. for Entry of Alternative Writ Motion to Consolidate Order denying Mot. To Consolidate Altern. Writ of Cause Order of Assign. - Judge Francis ReSponse to Altern. Writ Notice of Serv. FDOS ReSponses To Pet. 1'l Set of R095 8 RFA Pet. Mot. For Extension of Time to File Reply to FDOS Response Pet. Mtn. for Sanctions Pet. Notice of Filing Af?davit Motion to Consolidate to Strike for Permanent Injunct. Pet. Not. for for 6/5/14 Pet. Demand for Materials Pet. Mtn. for Protective Order Pet. Not. of Hrg. for 6/4/14 (Mtn. PO) Pet. Not. of Hrg. for 6/4/14 (Sanctions) Notice of Email Designation DOS Response to Pet. Mtn. for Sanctions Pet. Not. of Cancelling 6/5/14 Hrg. Hrg. Cancelled 06/30/14 Judge Reassignment Per Admin Order Petitioner's for Leave to File Second Amended Petition for Writ of Mandamus and Declaratory Judgment Notice of Filing Exhibits to Second Amended Pet. For Writ Notice of Hearing on 12/8/14 at 10 am Amended Notice of Amended Notice of Petitioners Notice of Cancellation of Hearing (Consented) Consented Order on Petitioners to File Second Amended Petition Third Amended Petition for Writ of Mandamus ReSpondent's Response in Opposition to Pet. Third Amended Petition lpthorp, James W. . Detzner, SOS irst DCA Io. 1D14-3592 Tr: Patsy Palmer, Sandy D'Alemberte Palm er D'Alemberte A: Allen Winsor, Rachel Nordby; Drew Atkinson Ashley Davis 08/08/14 08/20/14 08/21/14 08/21/14 08/22/14 09/09/14 10/06/14 Notice of Appeal Motion Suggest T/Cert. Cause Amended Motion Suggest T/Cert. Cause Order to Pay Fee or Submit LT Order Amended Notice of Appeal Motion Suggestion of Certi?cation Response Order granting Expediting and denying Sugg. Of Cert. Initial Brief of Appellant 1 PRIORITY CASE DOCKET DOS 2-11-15 10/14/14 10/14/14 10/14/14 10/16/14 10/16/14 10/16/14 10/22/14 11/03/14 11/19/14 11/21/14 11/25/14 12/08/14 01/14/15 01/23/15 02/05/15 Appellant's Fla-quasi for Oral Argument Motion for Leave to File Amicus Brief Brief on Amici Curiae Common Cause Florida. Lance DeHaven Smith. Allan Milledge. Jon Mills. David Colbum and Joseph Little. in support of the Appellant Amended Motion for Leave to File Amicus Brief Notice of Filing Motion for Leave to File Amicus Curiae Brief In Support of Appellant Brief of Amicus Curiae The League of Women Voters of Florida in Support of the Appellant Order granting Amicus Curiae Brief Appellee's Answer Brief Appellant?s Reply Brief Oral Argument Granted (Set 1/14/15 9:00 am) for Substitution Order granting for Substitution Oral Argument 9 am Notice of Supplemental Authority Notice of Appearance lrcr'a, Karla Vanessa et at, v. ?Iorida Secretary if State IS Court of Appeal 1lh Circuit lo: 12-15738 1T: Marc A. Goldman Marina K. Jenkins Jenner Block. Catherine M. Flanagan. Michelle Kanter Cohen. Project Vote; John De Leon. Law Of?ces Of Chavez De Leon A: AG's: Jay Vail. Eugene Gandy. Drew Atkinson Ashley Davis Dispute of Attorney?s Fees and costs 12108/14 12/18/14 12/22/14 01/09/15 01/15/15 01/20/15 01/23/15 02/03/1 5 02/06/1 5 02/1 0/1 5 Motion for Attorney?s fees or costs Motion for extension of time to ?le response to motion Order granting extension (reSponse due 1/20/15) Motion for Transfer to District Court. or in alternative 90 day extension Response to to transfer to district court Preliminary Response to Appellants? for Atty's Fees Unopposed for Extension of Time to File Reply in Support of Plaintiffs' for Atty Fees Order granting extension to ?le response by Appellants Notice of Appearance by Davis Notice of Appearance by Gandy Ire/a, Kar/a 'anessa et at, v. 'torr'da Secretary -f State '8 District Court outhem District to: 12-22282 11: Michelle Kanter Cohen, Catherine Flanagan. Project Vote and Marc Goldman. Jenner 8: Block A: Drew Atkinson Ashley Davis Dispute of Attorney's Fees and costs 12/04/14 12/04/14 12/04/14 12/08/14 12/09/14 12/10/14 12/15/14 Mandate Reversed and Remanded Order setting Status Conference Case Reopened Order granting Notices of Withdrawl of Sen and Nkwonta Unopposed to Appear TC Order granting to Appear TC Minute Entry status conference held on 12/15/14 Base PRIORITY CASE DOCKET - DOS 2-11-15 S?mtnil?s ?omo, et a1. icott, et at. Case 40.: 2012 CA 412 ind League of ?Vomen Voters of =1orida, et al. v. )etzner, er a1. :ase No.: 2012 CA -90 Judicial Circuit .eon County udge Lewis rr: (Romo) Boies Schiller; Perkins Coie; Messer Caparello 1T: (Coalition) Gelber Schachter Greenberg; Jenner 8. Block; Meyer Brooks A: 308- Drew Atkinson Ashley Davis A: Florida Senate George Levesque. Michael Carvin Louis Fisher, Jones Cantero. Jason Zakia. 8. Jesse Green. White Case A: Florida House of Representatives Charles T. Wells. George Meros. Jason Unger. Andy Bardos. Gray Robinson; Matthew Carson A: NAACP - Benjamin James Stevenson ACLU of Florida Foundation; Victor Goode Dorcas Gilmore; Allison Riggs 8. Anita Earls Day; Raoul Whether the 2012 congressional redistricting map violates Art. VI. 5. 20 (Fair Districts) 0513011 2 0611 911 2 0211 511 3 0212011 3 0310411 3 0310511 3 0310611 3 0411 711 3 0411 811 3 06120113 07124113 11105113 12126113 12127113 01102114 01102114 01103114 01111114 05119114 06111114 06113114 06113114 06113114 06116114 06119114 06119114 07110114 07110114 07114114 07115114 07115114 07116114 07117114 07117114 07118114 02109112 Complaint (Romo) 02117112 Complaint (Leaguel ?Coalition") 03107112 Order Consolidating 04130112 Order Denying Romo 8. Coalition MSJs (facial challenge) Order Denying MTDs Answers and Af?m'lative Defenses Pls' expert disclosures Legis? Mt. Sanctions Coalition Resp. Mt. Sanctions Hrg. Mt. Sanctions ord. production Non-party Data Targeting Mt. to Stay Order Denying Non-party Mt. to Stay Order Modifying Order Setting Non- Jury Trial: discovery deadline extended to 815; two-week non-jury trial set for 8119113. 05122113 Leg moved to amend answers to complaints 0611711 3-06/19113 Pls' moved for continuance of trial to Oct. Dec. on for cont. ?granted Grant Legis? Mt. Amend Answers and set trial for Jan. 6 Romo Coalition MSJs on Legis' affirmative defenses 11122113 Coalition Mt Continuance of Trial 11125113-11127113 Responses to continuance Order Continuing trial Mt Lift Stay Mt Scheduling Order and trial beginning April 7 Hrg/scheduling conf. Order Granting Mt. to Lift Stay Order granting MPSJ Trial Initial Closing Brief Leg. Parties' Closing Argument Def. Florida Preposed Finding of Fact and Conclusions of Law Post Trial Brief of Def. Florida NAACP Instructions from Judge Order from DCA Opinion from DCA Final Judgment Order denying to Supp. Pls. for Exp Status on Setting Remedy and Enforcing Judgment Leg. to Alter or Amend Judg. and Request for Emerg. Consideration Notice of Hearing Order from DCA 7117114 Order Denying Non-Parties Renewed for Costs Notice of Evidentiary 3 PRIORITY CASE DOCKET - DOS 2-11-15 summery:- 07E1r14 to Intervene 07/22/14 Progress Docket 07/22/14 Set 7/24/214 07/23/14 Opp to Leg Parties to Alter or Amend 07/23/14 Leg Parties to Strike Notice of 07/23/14 Notice of Hearing 07/28/14 Appeal sent to Supreme Court 07/29/14 Leg. Reply in Support of to Alter or Amend Judgment 07/29/14 Romo Supp. Response to Leg. Response 07/30/14 Opp. Of NAACP to Pmposed Remedy 8: Schedule 00/01/14 Order on Def. Motion to Amend the Complaint 08/11/14 Motion for Atty Fees 08/11/14 Romo for Determination of Avail. Of Atty Fees 08/11/14 Romo for Taxation of Costs 08/11/14 Af?davit of John Devaney 08/15/14 FL House Unopp. Substitution of Counsel 08/15/14 Leg. Submission of Remedial Plan 08/15/14 808 Proposed Special Elect Schedule 08/15/14 FSASE Schedule 03/18/14 Opp. Of NAACP to FSASE SOS's Proposed Schedule 08/20/14 Hearing 08/22/14 Order Approving Remedial Resdist. Plan 08/25/14 Order on to Intervene by FSASE granted 08/29/14 Notice of Appeal to DCA 09/05/14 Notice of Joinder Appeal 09/08/14 Leg. Notice of Cross-Appeal 09/17/14 Order from DCA to pay ?ling fee $300 09/17/14 Order from DCA to pay filing fee $250 09/17/14 Corrected Order from DCA to pay ?ling fee $295 09/22/14 Motion to Tax Costs 09/25/14 Notice of Hearing 09/26/14 Hearing Set for 10/9/14 at 10 am 10/03/14 Designation of Email Address 10/06/14 Legislative Parties for Attorneys fees and Response to Plfs. for Atty Fees 10/06/14 Notice of Hearing 10/07/14 Romo Opposition to Legis. Def. to Tax Costs 10/07/14 Romo Reply in Support of for Determination of Availability of Attorneys Fees and Response in Opposition to Legislative Defendants for Atty Fees 10/07/14 Legislative Parties response to Plaintiffs to Tax Costs 10/08/14 Legislative Parties Reply to Coal. Plfs. Supplemental Oppos. To Leg. Def. to Tax Costs and Speci?c Objections to Leg. Def. Request for Expert Witness PRIORITY CASE DOCKET - DOS 2-11-15 10/10/14 10/22/14 10/23/14 10/24/14 10/27/14 10/27/14 10/27/14 10/27/14 10/30/14 10/31/14 11/03/14 11/10/14 11/10/14 11/14/14 11/17/14 11/17/14 11/17/14 11/20/14 12/01/14 12/03/14 12/05/14 12/05/14 12/09/14 12/15/14 12/16/14 12/16/14 12/18/14 12/18/14 12/19/14 12/22/14 01/16/15 01/22/15 01/27/15 02/02/15 02/10/15 omo Supp Oppos to Leg. Del. Min to Tax Costs and Speci?c Diaj. to Leg. Defendants Request for Expert Witness Fees Order from Supreme Court Designated as High Pro?le Order from DCA Appeal Tolled Pltf's Motion to Toll Time for Preparing and Filing Index and Rod. On Appeal Order from Supreme Ct. ?ling original record Order from DCA Show Cause payment of ?ling fee Order from DCA Filing Fee Order from DCA Withdrawing Order on ?ling fee Order from Supreme Ct. to Clerk re. ?ling record Coal. Notice of ?ling hearing transcripts Order from DCA Appellants status report ?led Appeal record sent to FL Supreme Court Order on Parties to Tax Costs Order denying parties for Atty. Fees Order granting Coal. Unopposed to Release Costs Deposit Order from Supreme Court Clerk to unseal all portions of the record Order from Supreme Court A?irm trial court ruling requiring production of 538 pages of disputed documents for Substitution of Attorney for NAACP Abudu for Stevenson: Appearance for Abudu and for Substitution Order from Supreme Court (SCH-1905) Mandate af?rming Lower Court Decision Order Granting Substitution of Abudu for Stevenson Order from DCA Order on Mandate that Opinion of SC accompany Mandate of this court to Circuit Court Mandate af?rming Lower Court Decision Order from Supreme Court (SCH-1905) Order from Supreme Court (8014-1200) Coalition Notice of ?ling Hearing Transcript Order from Supreme Court (8014-1905) Order to Show Cause Directions to Clerk Order from Supreme Court AppelleelCross Appellants Unopposed to Supplement Record on Appeal is granted Order from Supreme Court SCH-987 Coalition Reply to Non-Parties? Response to Order to Show Cause regarding for Rehearing Coalition Notice of Filing Af?davit of Service Order from DCA granting extension of time to ?le index and records on appeal to 2/26/15 Order from Supreme Court Notice of Hearing for 3/4/15 11 am. prepare Summary PRIORITY CASE DOCKET - DOS 2-11-15 Hd?h .OWV v. Detzner S?upreme Court of =ion'da Sase No.: 3014-1905 ..T. Nos.: ID14-3953 Tr: (Romo) Boies Schiller; Perkins Coie; Messer Caparello rr: (Coalition) Gelber Schachter Greenberg; Jenner Block; Meyer Brooks A: 808- Drew Atkinson 8: Ashley Davis A: Florida Senate George Levesque. Michael Carvin 8. Louis Fisher, Jones Day; Raoul Cantero, Jason Zakia, 8. Jesse Green. White Case A: Florida House of Representatives Charles T. Wells, George Meros, Jason Unger. Andy Bardos. Gray Robinson; Matthew Carson A: NAACP Allison Riggs, Anita Earls. Victor Goode, Dorcas Gilmore, Nancy Abudu Validity of original and redrawn maps 10/03/14 10/03/14 10/10/14 10/16/14 10/23/14 10/28/14 10/28/14 10/23/14 10/31/14 11/05/14 11/20/14 11/21/14 11/24/14 11/25/14 12/01/14 12/01/14 12/01/14 12/04/14 12108/14 12/12/14 12/17/14 12118l14 12/19/14 12/19/14 12/23/14 01/09/15 01/09/15 01/09/15 01/12/15 01/14/15 01/16/15 01/16/15 01/20/15 01/21/15 Appellants' Motion to Accept Brief in Support on Accepting Certi?cation Appellants? Brief in Support of Accepting Certi?cation Notice of Joinder in Appeal Leg. Parties' Brief on Jurisdiction Order scheduling oral argument and deadlines Appellants' Agreed Motion to Utilize Record from related Appeal Appellants' Agreed Motion to Extend Brie?ng Schedule and Enlarge Page Limits Motion to Toll Time Order granting Agreed Mtn. Utilize Record from Related Appeal. Appellants' Motion to Determine Con?dentiality Order denying Motion to Determine Con?dentiality Appellants? unopposed to Supplement Record Corrected Initial Brief of Appellants Pro Hac Vice by Elias and Devaney and order granting same Order acceptance as timely ?led Amicus Curiae Amicus Curiae Initial Brief Order Amiucs Curiae granted Order unsealing emails Order granting Appellants' Unopposed Mtn. to Supplement Record Unopposed to Supplement Record on Appeal Order granting Appellee/Cross Appellant Unopposed Min to Supplement Record on Appeal Legislative parties? answer brief and initial brief on cross appeal Answer brief of the FL State Conference of NAACP branches Corrected Answer brief of the FL State Conference of NAACP branches Motion to accept reply brief/answer brief on cross appeal with altered page allocation Reply/Cross Answer Brief Motion for Attorney's Fees Order granting appellants unopposed to supplement the record Legislative parties' response to appellants' motion to accept reply brief/answer brief on cross appeal with altered page allocations Appellants' Unopposed for leave to tiled corrected reply brief/answer brief on cross appeal Appellants" corrected reply brief/answer brief on cross appeal to Enlarge Oral Argument Order granting in part Min to Enlarge Oral Argument on 3/4/15 9 am; Appellants/Cross-Appellees are allowed a maximum of thirty minutes. The Legislative Appellees/Cross-Appellants are allowed a maximum of twenty-?ve minutes. The NAACP. as an Appellee, is allowed a maximum of ?ve minutes for the sole purpose of addressing issues related to Cong?ssional District 5. 6 'a . - PR IORITY CASE DOCKET DOS 2-11-15 01/22/15 01/23/15 01/26/15 01/26/15 01/28/15 Order granting Appellanta? Unopposed Motion for Leave to File Corrected Reply Brief/Answer Brief on Cross-Appeal Legislative Parties' Reply Brief on Cross Appeal Florida Senate's response in opposition to Appellants? to Strike Florida Senate's response to Appellants' for Appellate Attys' Fees Order -To the extent the Appeliants?i?Cross-Appellees' discussion in Part of their corrected reply brief/answer brief on cross-appeal can be construed as a motion to strike a portion of the Legislative Appellees'lCross-Appeilants' answer brief?nitial brief on cross-appeal. the motion is denied without prejudice to this Court determining whether the alternative maps should be considered in the adjudication of the issues in this case Notes .OWV v. Detzner DCA Sase No.: '01 4-5614 ..T. Nos.: [01 2-CA-00412 1r: John Mills; Andrew Manko; Courtney Brewer The Mills Law Firm A: SOS Drew Atkinson 8- Ashley Davis A: Legislature A: NAACP Appeal of denial of attomey?s fees 12/09/14 12/10/14 12/12/14 12/29/14 01/23/15 01/27/15 Notice of Appeal Acknowledgement Letter Case Filing Fee Docketing Statement Motion for Extension of time to File Record Order - Appellant's motion ?led January 23. 2015. for extension of time to ?le the index and prepare the record on appeal is granted, and the time is extended to February 26, 2015 tteak on the Run r. Detzner formerly tnge/?sh) 1lh Judicial Circuit Miami) :ase 'rr: Andrew Traitor; Janet Varnell A: Gray Robinson; Drew Atkinson Ashley Davis Constitutional challenge to business entity late fees and reinstatement fees. 03/14/14 04/02/14 04/23/14 05/09/14 05/14/14 05/22/14 06/03/14 06/23/14 09/22/14 10/27/14 11/26/14 01/08/15 Dismissal for failure to prosecute denied; PLs instructed to move the case forward Plfs. Renewed Mot. For Class Cert. Def. Mot. To Strike Not. of Unavailabilty Notice of Cancellation of Hrg. Notice of Hrg: 6/24/14 9 am Ntc. Withdrawal of Renewed Mt. for Class Cert. and Mt. Determine Class Plan Notice of Cancellation of set for 6/24/14 for Status Conference and Final Judgment with Supporting Memo of Law Notice of Hrg. January 12, 2015 3:00 pm. SOS for Sanctions Cancellation Notice of 1/12/15 Hrg. PRIORITY CASE DOCKET - DOS 2-11-15 dichae/ Steinberg Matthews at at. Supreme Court :ase SC14-2202 Challenge to write-in candidate's residency. Write-in challenges the constitutionality of the statute 11/07/14 Notice of Appeal 11/17/14 Order staying proceedings in SC pending disposition of Bn?nkman v. Francois case 8014-1899 11/24/14 Initial Brief (Cert Serv Date 9/4/14) Van'nner v. )etzner l.D. Fla. :ase No. 4:14- rom MD. Fla. lo. 13-01860 17: Marc Elias. Keven Hamilton a John Devaney. Perkins Coie; and Robert Telfer ill a Mark Herron. Messer Caparello. PA. A: Drew Atkinson 8. Ashley Davis A: Fla. Senate. Jason Zakia. White Case Allege CD5 is a racial gerrymander in violation of the Equal Protection Clause of the 14"1 Amendment 03/12/14 Order setting scheduling conference 4/4 03/28/14 Herron Notice of Appearance 04/15/14 Order file evidence admitted and status report 7 days after Romo Trial; 14 days after Romo Trial ?le objections to evidence 04/24/1 4 06/0211 4 06/05/1 4 Zakia Notice of Appearance Joint Motion for Clari?cation Order for Clari?cation 06/12/14 Pltf's Submission of Romo v. Detzner Transcript 06/19/14 Exhibit by FL House Of Rep.. FL Sen. Leg. Parties State Trial Depo Design. Resp to Def. Filing Suppl. Evidence Leg. Parties Obj to Evid Submitted by Notice of Filing Final Judgment of FL Circuit Court Status Report - Notice of Filing Submission of Remedial Plan 06/19/14 06/26/14 06/26/14 07/20/14 08/18/14 8/21/14 08/22/14 08/25/14 09/24/14 FL House of Representatives Order granting substitution Leg. Parties' Notice of Filing Unop Order Ap List Legislative Parties Submission of Evidence and Status Report posed for Substitution of Counsel proving Remedial Redistricting Plan Order Staying Case denying to Dismiss (case is STAYED. and the Clerk of Court is directed to administratively close this ?le. Upon resolution of litigation in Florida state courts. the parties shall ?le a status report informing this Court of the outcome of the litigation.) =rienals of Warm dinera/ Springs ind Jufr?ette Jones (en Detzner et at. 1.3. District Ct. 'liddle Dist. Tampa) :ase No: 13-03236 udge Merryday 1r: Matthew Farmer. Farmer Fitzgerald; Ralf Brookes. Law Of?ces of Ralf Brookes A: Drew Atkinson Ashley Davis A: City of North Port. Robert K. Robinson. Nelson Hessee. Kevin Hennessy. Lewis. Longrnan 8: Walker A: Sarasota County. David M. Pearce and Stephen DeMarsh. Of?ce of the County Atty. Challenge under Clean Water Act for allowing material to remain in Warm Mineral Springs without a permit. Our former underwater archeologist is alleged to have initially placed plastic sheeting in the Springs to protect archeological resources 12/24/14 12/24/14 01/08/14 01/08/14 01/21/14 01/23/14 02/09/14 02/10/14 02111I14 02/11/14 02/11/14 02/12/14 02/12/14 02/17/14 02/17/14 02/18/14 02/18/14 02/18/14 Complaint Summons Waiver of Service Notice of Appearance Pearce Notice of Designation to Dism Complaint by Sarasota Co. Notice by WMS re. Complaint Amended Complaint Order denying MTD as moot Notice by WMS of Filing Verif. To 2"d Co. Notice by WMS of Filing Attach. To Amend. Complaint Notice by WMS to US. Atty Gen. to Dismiss Amend. Co. by Sarasota Co. Notice by City North Port Waiver of Serv. First Motion to Dismiss Complaint by City of North Port Notice of App by Robert Robinson Waiver of Service by City of North Port Min to Dismiss Complaint by North Port PRIORITY CASE DOCKET - DOS 2-11-15 03103114 03112114 03130114 03130114 04102114 04108114 04110114 04114114 04117114 04118114 04121114 04121114 04121114 04122114 04122114 04124114 05101114 05102114 05102114 05102114 05107114 05108114 05109114 05115114 05120114 05127114 05131114 06102114 06112114 06112114 06117114 06117114 06118114 06120114 06120114 06124114 06126114 07130114 07131114 03116114 08119114 09116114 09130114 10112114 02110115 Response to Motion to Dismiss Amend. Complaint by Sarasota County by WMS Response to Motion to Dismiss Complaint for Declar. And Injunctive Relief by North Port Order denying Sarasota's Mot. to Dismiss Order denying North Port's Mot. to Dismiss Order referring case to mediation Objection re. Order referring case to mediation. Order North Port's objection sustained. Order referring case to Mediation before Answer to Amended Complaint by North Port Answer by Sarasota County Notice of Voluntarily Dismissal by WMS Amended Not. of Vol. Dismissal by WMS Objection re. Order referring case to med. 0rd on North Port?s obj. to med. - OR Order denying as moot notice of dismissal Objection re. Order referring case to med. (Detzner) Unopposed Mtn. to extend time to comply with mediation order Order granting the Pitts Mtn. for ext. to DOS MTD Order granting for ext. of time to ?le response to MTD Order granting ext. to comply with med. Order Notice of mediation conference on 6120114 Amended Complaint against DOS Order denying as moot MTD Amended Answer to 2"d Amend Complaint by Sarasota North Port's Answer Motion to Dismiss Second Amended Complaint Consent Service Notice of unavailability by Sarasota County Order failed to ?le Case Manag. Resp. to DOS MTD Amend. Complaint Pltf's Coporate Disclosure Statement Supp. Response to DOS MTD 2nd Amend. Complaint Waiver of Service for Detzner. Bendus and Smith Resp. to Court's Order to SC Case Management Report Mediation Report Scheduling Order Motion to Dismiss Second Amended Complaint Order denying as Moot MTD Response in Opposition to to Dismiss Second Amended Complaint NOA by Glogau for Bendus. Detzner, Smith and DOS Order denying to Dismiss Answer to Second Amended Complaint Notice of Voluntary Dismissal of Defendant Sarasota County Amended Notice of Appearance by Davis 9 From: Wane; To: Win: Cc: Subject: Gov Chart 2-11-15 Date: Wednesday, February 11, 2015 5:21:23 PM Attachment: Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 500 South Bronough Street, Suite 100 Tallahassee, Florida 32399-0250 850.245.6536 850.245.6127 i. . 1 . I Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. @ltsworkinQFL The Department of State is committed to exceliericg; Please take our Customer Sahefaqi-on 'u Indrews v. F008 11': Steven R. Andrews Ed Cir.. Leon Co. A: 3ir. Ct. lo. 13-CA-3281 Drew Atkinson Ashley Davis Iudge: Charles A. ?rancis PRIORITY CASE DOCKET - DOS 2-13-15 Petition for writ of mandamus to force production of public records. 11/25/13 1 1/25/13 01/18/14 02/11/14 02/13/14 02/19/14 02/19/14 02/20/14 03/21/14 04/10/14 04/11/14 04/24/14 04/24/14 04/29/14 05/02/14 05/07/14 05/14/14 05/22/14 05/30/14 05/30/14 05/30/14 06/03/14 06/04/14 06/05/14 09/02/14 09/02/14 10/20/14 12/02/14 12/04/14 12/09/14 12/31/14 01/21/15 02/10/15 Fe?tion for Writ of?ndamus Request for Admissions Amended Petition for Writ of Mand. Mot. for Entry of Alternative Wn't Motion to Consolidate Order denying Mot. To Consolidate Altem. Writ of Mandi/Show Cause Order of Assign. - Judge Francis Response to Altern. Writ Notice of Senr. FDOS Responses To Pet. 1?l Set of Rogs RFA Pet. Mot. For Extension of Time to File Reply to FDOS Response Pet. Mtn. for Sanctions Pet. Notice of Filing Af?davit Motion to Consolidate to Strike for Permanent Injunct. Pet. Not. for for 6/5/14 Pet. Demand for Materials Pet. Mtn. for Protective Order Pet. Not. of Hrg. for 6/4/14 (Mtn. PO) Pet. Not. of Hrg. for 6/4/14 (Sanctions) Notice of Email Designation DOS Response to Pet. Mtn. for Sanctions Pet. Not. of Cancelling 6/5/14 Hrg. Hrg. Cancelled 06/30/14 Judge Reassignment Per Admin Order Petitioner?s for Leave to File Second Amended Petition for Writ of Mandamus and Declaratory Judgment Notice of Filing Exhibits to Second Amended Pet. For Wn?t Notice of Hearing on 12/8/14 at 10 am Amended Notice of Amended Notice of Petitioners Notice of Cancellation of Hearing (Consented) Consented Order on Petitioners to File Second Amended Petition Third Amended Petition for Writ of Mandamus Respondent's Response in Opposition to Pet. Third Amended Petition lpthorp, James W. rr: Patsy Palmer. Sandy Detzner, SOS D'Alemberte D'Alemberte Palmer 'irst DCA lo. 1D14-3592 A: Allen Winsor. Rachel Nordby; Drew Atkinson Ashley Davis 08/08/14 08/15/14 08/15/14 08/20/14 08/21/14 08/21/14 08/22/14 09/09/14 10/06/14 Notice of Appeal Motion Suggest T/Cerl. Cause Amended Motion Suggest T/Cert. Cause Order to Pay Fee or Submit LT Order Amended Notice of Appeal Motion Suggestion of Certi?cation Response Order granting Expediting and denying Sugg. Of Cert. Initial Brief of Appellant 1 I PRIORITY 10/06/14 10/14/14 10/14/14 10/14/14 10/16/14 10/16/14 10/16/14 10/22/14 11/03/14 11/19/14 11/21/14 11/25/14 12/08/14 01/14/15 01/23/15 02/05/15 CASE 2- DOCKET - DOS 13-15 - I: . h. Appallant's Request fur Oral Argument Motion for Leave to File Amicus Brief Brief on Amici Curiae Common Cause Florida, Lance DeHaven Smith, Allan Milledge, Jon Mills, David Colbum and Joseph Little, in support of the Appellant Amended Motion for Leave to File Amicus Brief Notice of Filing Motion for Leave to File Amicus Curiae Brief In Support of Appellant Brief of Amicus Curiae The League of Women Voters of Florida in Support of the Appellant Order granting Amicus Curiae Brief Appellee?s Answer Brief Appellant?s Reply Brief Oral Argument Granted (Set 1114/15 9:00 am) for Substitution Order granting for Substitution Oral Argument 9 am Notice of Supplemental Authority Notice of Appearance Ire/a, Karfa lanessa et af., v. =tonic/a Secretary #smm JS Court of Appeal I1?h Circuit do: 12-15738 1r: Marc A. Goldman Marina K. Jenkins Jenner Block, Catherine M. Flanagan. Michelle Kanter Cohen, Project Vote; John De Leon, Law Of?ces Of Chavez at De Leon A: Jay Vail, Eugene Gandy. Drew Atkinson 8. Ashley Davis Dispute of Attorney?s Fees and costs 12/18/14 12/22/14 01/09/15 01/15/15 01/20/15 01/23/15 02/03/15 02/06/15 02/10/15 Motion for Attorney's fees or costs Motion for extension of time to ?le response to motion Order granting extension (response due 1/20/15) Motion for Transfer to District Court. or in alternative 90 day extension Response to to transfer to district court Preliminary Response to Appellants' for Atty's Fees Unopposed for Extension of Time to File Reply in Support of Plaintiffs? for Atty Fees Order granting extension to ?le response by Appellants Notice of Appearance by Davis Notice of Appearance by Sandy trcia, Karla lanessa et at, v. =fon'da Secretary if Sta to 13 District Court Southern District to: 12-22282 1r: Michelle Kanter Cohen. Catherine Flanagan, Project Vote and Marc Goldman. Jenner a Block A: Drew Atkinson Ashley Davis DiSpute of Attorney's Fees and costs 12/04/14 12/04/14 12/04/14 12/08/14 12/09/14 12/10/14 12/15/14 Mandate Reversed and Remanded Order setting Status Conference Case Reopened Order granting Notices of Withdrawl of Sen and Nkwonta Unopposed Min to Appear TC Order granting to Appear TC Minute Entry status conference held on 12/15/14 case;- PRIORITY CASE DOCKET - DOS 2-13-15 Summit/tit iomo, et at v. icon, et af. Case lo.: 2012 CA 412 ind League of Vomen Voters of Horida, et at v. )efzner. et at :ase No.: 2012 CA -90 Judicial Circuit .eon County udge Lewis (Romo) Boies Schiller; Perkins Coie: Messer Caparello 1T: (Coalition) Gelber Schachter 8: Greenberg; Jenner Block; Meyer Brooks Drew Atkinson 8: Ashley Davis A: Florida Senate George Levesque. Michael Carvin Louis Fisher. Jones Day; Raoul Cantero. Jason Zakia, 8. Jesse Green. White a Case A: Florida House of Representatives Charles T. Wells. George Meros. Jason Unger. Andy Bardos. Gray Robinson; Matthew Carson A: NAACP - Benjamin James Stevenson ACLU of Florida Foundation; Victor Goode Dorcas R. Gilmore; Allison Riggs Anita Earls Whether the 2012 congressional redistricting map violates Art. VI. 3. 20 (Fair Districts) 02/09/12 Complaint (Romo) 02/17/12 Complaint (League! "Coalition") 03/07/12 Order Consolidating 04/30/12 Order Denying Romo Coalition MSJs (facial challenge) 05/30/12 Order Denying MTDs 06/19/12 Answers and Af?rmative Defenses 02/15/13 Pls' expert disclosures 02/20/13 Legis' Mt. Sanctions 03/04/13 Coalition Resp. Mt. Sanctions 03/05/13 Hrg. Mt. Sanctions ord. production 03/06/13 Non-party Data Targeting Mt. to Stay 04/17/13 Order Denying Non-party Mt. to Stay 04/16/13 Order Modifying Order Setting Non- Jury Trial: discovery deadline extended to 6/5; two-week non-jury trial set for 6/19/13. 05/22/13 Leg moved to amend answers to complaints 06/17/13-06/19/13 Pls' moved for continuance of trial to Oct. Dec. 06/20/13 on for cont. ?granted 07/24/13 Grant Legis? Mt. Amend Answers and set trial for Jan. 6 11/05/13 Romo Coalition MSJs on Legis' affirmative defenses 11/22/13 Coalition Ml Continuance of Trial 11/25/13-11/27/13 Responses to continuance 12/26/13 Order Continuing trial 12/27/13 Mt Li? Stay 01/02/14 Mt Scheduling Order and trial beginning April 7 01/02/14 Hrg/scheduling conf. 01/03/14 Order Granting Mt. to Lift Stay 01/11/14 Order granting MPSJ 05/19/14 Trial 06111/14 Pltf?s Initial Closing Brief 06/13/14 Leg. Parties' Closing Argument 06/13/14 Def. Florida Pr0posed Finding of Fact and Conclusions of Law 06/13/14 Post Trial Brief of Def. Florida NAACP 06/16/14 from Judge 06/19/14 Order from DCA 06/19/14 Opinion from DCA 07/10/14 Final Judgment 07/10/14 Order denying to Supp. 07/14/14 Pls. for Exp Status on Setting Remedy and Enforcing Judgment 07/15/14 Leg. to Alter or Amend Judg. and Request for Emerg. Consideration 07/15/14 Notice of Hearing 07/16/14 Order from DCA 07/17/14 7/17/14 07117/14 Order Denying Non-Parties Renewed for Costs 07/16/14 Notice of Evidentiary 3 PRIORITY CASE DOCKET - DOS 2-13-15 07/21/14 to Intervene 07/22/14 Progress Docket 07/22/14 Set 7/24/214 07/23/14 Opp to Leg Parties to Alter or Amend 07/23/14 Leg Parties to Strike Notice of 07/23/14 Notice of Hearing 07/28/14 Appeal sent to Supreme Court 07/29/14 Leg. Reply in Support of to Alter or Amend Judgment 07/29/14 Romo Supp. Response to Leg. ReSponse 07/30/14 Opp. Of NAACP to Proposed Remedy 8 Schedule 08/01/14 Order on Def. Motion to Amend the Complaint 08/11/14 Motion for Atty Fees 08/11/14 Romo for Determination of Avail. Of Atty Fees 08/11/14 Romo for Taxation of Costs 08/11/14 Affidavit of John Devaney 08/15/14 FL House Unopp. Substitution of Counsel 08/15/14 Leg. Submission of Remedial Plan 08/15/14 SOS Proposed Special Elect Schedule 08/15/14 FSASE Schedule 08/18/14 Opp. Of NAACP to FSASE 8. 808's Proposed Schedule 08/20/14 Hearing 08/22/14 Order Approving Remedial Resdist. Plan 08/25/14 Order on to Intervene by FSASE granted 08/29/14 Notice of Appeal to DCA 09/05/14 Notice of Joinder Appeal 09/08/14 Leg. Notice of Cross~Appeal 09/17/14 Order from DCA to pay filing fee $300 09/17/14 Order from DCA to pay filing fee $250 09/17/14 Corrected Order from DCA to pay ?ling fee $295 09/22/14 Motion to Tax Costs 09/25/14 Notice of Hearing 09/26/14 Hearing Set for 10/9/14 at 10 am 10/03/14 Designation of Email Address 10/06/14 Legislative Parties for Attorneys fees and Response to Plfs. for Atty Fees 10/06/14 Notice of Hearing 10/07/14 Romo Opposition to Legis. Def. to Tax Costs 10/07/14 Romo Reply in Support of for Determination of Availability of Attorneys Fees and Response in Opposition to Legislative Defendants for Atty Fees 10/07/14 Legislative Parties response to Plaintiffs to Tax Costs 10/08/14 Legislative Parties Reply to Coal. Plfs. Supplemental Oppos. To Leg. Def. to Tax Costs and Speci?c Objections to Leg. Def. Request for Expert Witness PRIORITY CASE DOCKET - DOS 2-13-Emmet? 76168114 Romo Supp Oppos to Leg. Def. to Tax Costs and Speci?c Obj. to Leg. Defendants Request for Expert Witness Fees 10110114 Order from Supreme Court Designated as High Pro?le 10122114 Order from DCA Appeal Tolled 10123114 Pltf's Motion to Toll Time for Preparing and Filing Index and Rcd. On Appeal 10124114 Order from Supreme Ct. ?ling original record 10127114 Order from DCA - Show Cause payment of ?ling fee 10127114 Order from DCA - Filing Fee 10127114 Order from DCA Withdrawing Order on filing fee 10127114 Order from Supreme Ct. to Clerk re. ?ling record 10130114 Coal. Notice of ?ling hearing transcripts 10131114 Order from DCA Appellants status report ?led 11103114 Appeal record sent to FL Supreme Court 11110114 Order on Parties to Tax Costs 11110114 Order denying parties for Atty. Fees 11114114 Order granting Coal. Unopposed to Release Costs Deposit 11117114 Order from Supreme Court Clerk to unseal all portions of the record 11117114 Order from Supreme Court - A?im'i trial court ruling requiring production of 538 pages of disputed documents 11117114 for Substitution of Attorney for NAACP Abudu for Stevenson; Appearance for Abudu and for Substitution 11120114 Order from Supreme Court (8014-1905) 12101114 Mandate af?rming Lower Court Decision 12103114 Order Granting Substitution of Abudu for Stevenson 12105114 Order from DCA Order on Mandate that Opinion of SC accompany Mandate of this court to Circuit Court 12105114 Mandate af?nning Lower Court Decision 12109114 Order from Supreme Court (8014-1905) 12115114 Order from Supreme Court (8014-1200) 12116114 Coalition Notice of ?ling Hearing Transcript 12116114 Order from Supreme Court (8014-1905) 12118114 Order to Show Cause 12118114 Directions to Clerk 12119114 Order from Supreme Court AppelleelCross Appellants Unopposed to Supplement Record on Appeal is granted 12122114 Order from Supreme Court 8014-987 01116115 Coalition Reply to Non-Parties' Response to Order to Show Cause regarding for Rehearing 01122115 Coalition Notice of Filing Af?davit of Service 01127115 Order from DCA granting extension of time to ?le index and prepare records on appeal to 2126115 02102115 Order from Supreme Court 02110115 Notice ofHearing for 314115 11 am. Case PRIORITY CASE DOCKET - DOS 2-13-15 Emil? airy .OWV v. Detzner tupreme Court of florida tase No.: POM-1905 ..T. Nos.: 014-3953 Tr: (Romo) Boles Schiller; Perkins Coie; Messer Caparello 1T: (Coalition) Gelber Schachter 8 Greenberg; Jenner Block: Meyer Brooks Drew Atkinson Ashley Davis A: Florida Senate - George Levesque, Michael Carvin Louis Fisher. Jones Day; Raoul Cantero. Jason Zakia. Jesse Green. White 8 Case A: Florida House of Representatives Charies T. Wells, George Meros, Jason Unger. Andy Bardos. Gray Robinson; Matthew Carson A: NAACP Allison Riggs. Anita Earfs, Victor Goode, Dorcas Gilmore. Nancy Abudu Validity of original and redrawn maps 10/03/14 10/03/14 10/10/14 10/16/14 10/23/14 10/28/14 10/28/14 10/28/14 10/31/14 11/05/14 11/20/14 11/21/14 11/24/14 11/25/14 12/01/14 12/01/14 12/01/14 12/04/14 12/08/14 12/12/14 12/17/14 12/18/14 12/19/14 12/19/14 12/23/14 01/09/15 01/09/15 01/09/15 01/12/15 01/14/15 01/16/15 01/16/15 01/20/15 01/21/15 Appellants' Motion to Accept Brief in Support on Accepting Certi?cation Appellants? Brief in Support of Accepting Certi?cation Notice of Joinder in Appeal Leg. Parties? Brief on Jurisdiction Order scheduling oral argument and deadlines Appellants' Agreed Motion to Utilize Record from related Appeal Appellants' Agreed Motion to Extend Brie?ng Schedule and Enlarge Page Limits Motion to Toll Time Order granting Agreed Mtn. Utilize Record from Related Appeal. Appellants' Motion to Determine Con?dentiality Order denying Motion to Determine Con?dentiality Appellants' unopposed to Supplement Record Corrected Initial Brief of Appellants Pro Hac Vice by Elias and Devaney and order granting same Order acceptance as timely ?led Amicus Curiae Amicus Curiae Initial Brief Order Amiucs Curiae granted Order unsealing emails Order granting Appellants' Unopposed Mtn. to Supplement Record Unopposed to Supplement Record on Appeal Order granting Appellee/Cross Appellant Unopposed to Supplement Record on Appeal Legislative parties' answer brief and initial brief on cross appeal Answer brief of the FL State Conference of NAACP branches Corrected Answer brief of the FL State Conference of NAACP branches Motion to accept reply brief/answer brief on cross appeal with altered page allocation Reply/Cross Answer Brief Motion for Attorney's Fees Order granting appellants unopposed to supplement the record Legislative parties' response to appellants' motion to accept reply brief/answer brief on cross appeal with altered page allocations Appellants' Unopposed for leave to ?led corrected reply brief/answer brief on cross appeal Appellants" corrected reply brief/answer brief on cross appeal to Enlarge Oral Argument Order granting in part NAACP's to Enlarge Oral Argument on 3/4/15 9 am; AppelIantleross-Appellees are allowed a maximum of thirty minutes. The Legislative Appellees/Cross-Appellants are allowed a maximum of twenty-?ve minutes. The NAACP, as an Appellee. is allowed a maximum of ?ve minutes for the sole purpose of addressing issues related to Congressional District 5. 6 Case PRIORITY CASE DOCKET - DOS 2-13-15 I?E'I'J'liil?iliri 01/22/15 01/23/15 01/26/15 01/26/15 01/28/15 Order granting Appellants' Unopposed Motion for Leave to File Corrected Reply Brief/Answer Brief on Cross-Appeal Legislative Parties? Reply Brief on Cross Appeal Florida Senate's response in opposition to Appellants' to Strike Florida Senate's response to Appellants? for Appellate Attys? Fees Order -To the extent the Appellants?lCross-Appellees' discussion in Part of their corrected reply brief/answer brief on cross-appeal can be construed as a motion to strike a portion of the Legislative Appellees'ICross-Appellants' answer brief?nitial brief on cross-appeal, the motion is denied without prejudice to this Court determining whether the alternative maps should be considered in the adjudication of the issues in this case .OWV v. Detzner 5' DCA :ase No.: 014-5614 ..T. Nos.: 012-CA-00412 01 2-CA-00490 rr: John Mills; Andrew Manko; Courtney Brewer The Mills Law Firm A: 808 Drew Atkinson Ashley Davis A: Legislature A: NAACP Appeal of denial of attomey?s fees 12/09/14 12/10/14 12l12/14 12/29/14 01/23/15 01/27/15 Notice of Appeal Acknowledgement Letter Case Filing Fee Docketing Statement Motion for Extension of time to File Record Order - Appellant?s motion ?led January 23, 2015, for extension of time to ?le the index and prepare the record on appeal is granted. and the time is extended to February 26, 2015 tree/r on the Run Detzner 'ormerly loge/?sh) 1?h Judicial Circuit Viiami) iase 1r: Andrew Trailer; Janet Varnell A: Gray Robinson; Drew Atkinson Ashley Davis Constitutional challenge to business entity late fees and reinstatement fees. 03/14/14 04/02/14 04/23/14 05/09/14 05/22/14 06/03/14 06/23/1 4 09/22/1 4 10/27/14 11/26/14 01/08/15 Dismissal for failure to prosecute denied; PLs instructed to move the case fonivard Plfs. Renewed Mot. For Class Cert. Def. Mot. To Strike Not. of Unavailabilty Notice of Cancellation of Hrg. Notice of Hrg: 6/24/14 9 am Ntc. Withdrawal of Renewed Mt. for Class Cert. and Mt. Determine Class Plan Notice of Cancellation of set for 6/24/14 for Status Conference and Final Judgment with Supporting Memo of Law Notice of Hrg. January 12, 2015 3:00 pm. SOS for Sanctions Cancellation Notice of 1/1 2115 Hrg. PRIORITY CASE DOCKET DOS 2-13-15 lichae/ Ste/nberg Matthews et at. iupreme Court :ase 5014-2202 Challenge to write-in candidate?s residency. Write-in challenges the constitutionality of the statute 11/07/14 11/17/14 11/24/14 Notice of Appeal Order staying proceedings in SC pending disposition of Brinkman v. Francois case SC14-1899 Initial Brief (Cert Serv Date 9/4/14) Varinner v. Detzner l.D. Fla. :ase No. 4:14- 0164-JA rom M.D. Fla. lo. 13-01860 Tr: Marc Elias. Keven Hamilton a John Devaney. Perkins Coie; and Robert Telfer Ill Mark Herron. Messer Caparello. PA. A: Drew Atkinson Ashley Davis A: Fla. Senate. Jason Zakia. White 8 Case Allege CD5 is a racial gerrymander in violation of the Equal Protection Clause of the 14''1 Amendment 03/12/14 03/28/14 04l15/14 Order setting scheduling conference 4/4 Herron Notice of Appearance Order ?le evidence admitted and status report 7 days after Romo Trial; 14 days after Romo Trial tile objections to evidence 04/24/1 4 06/02/1 4 06/05/1 4 06/1 2/1 4 06/1 9/1 4 Zakia Notice of Appearance Joint Motion for Clarification Order for Clari?cation Pltf's Submission of Romo v. Detzner Transcript Exhibit List Legislative Parties Submission of Evidence and Status Report by FL House Of Rep. FL Sen. 06/19/14 06/26/14 06/26/14 07/20/14 08/18/14 8/21/14 08/22/14 08/25/14 09/24/14 Leg. Parties State Trial Depo Design. Resp to Def. Filing Suppl. Evidence Leg. Parties Obj to Evid Submitted by Notice of Filing Final Judgment of FL Circuit Court Status Re Order granting substitution Leg. Parties' Notice of Filing Order Approving Remedial Redistricting Plan Order Staying Case 8: denying to Dismiss (case is STAYED. and the Clerk of Court is directed to administratively close this ?le. Upon resolution of litigation in Florida state courts. the parties shall ?le a status report informing this Court of the outcome of the litigation.) iriends of Warm tinera/ Springs -nd Juliette Jones I - {en Detzner et at. LS. District Ct. liddle Dist. l'ampa) :ase No: 13-03236 udge Merryday 11': Matthew Farmer. Farmer Fitzgerald; Ralf Brookes. Law Of?ces of Ralf Brookes A: Drew Atkinson Ashley Davis A: City of North Port. Robert K. Robinson. Nelson Hessee. Kevin Hennessy. Lewis. Longman Walker A: Sarasota County. David M. Pearce and Stephen DeMarsh. Of?ce of the County Atty. Challenge under Clean Water Act for allowing material to remain in Warm Mineral Springs without a perrnil. Our former underwater archeologist is alleged to have initially placed plastic sheeting in the Springs to protect archeological resources 12/24/14 12/24/14 01/08/14 01/08/14 01/21/14 01/23/14 02/09/14 02/10/14 02/11/14 02/11/14 02/11/14 02112114 02/12/14 02/17/14 02/17/14 02/18/14 02/18/14 02/18/14 Complaint Summons Waiver of Service Notice of Appearance Pearce Notice of Designation Min to Dism Complaint by Sarasota Co. Notice by WMS re. Complaint Amended Complaint Order denying MTD as mool Notice by WMS of Filing Verif. To 2?d Co. Notice by WMS of Filing Attach. To Amend. Complaint Notice by WMS to US Atty Gen. to Dismiss Amend. Co. by Sarasota Co. Notice by City North Port Waiver of Serv. First Motion to Dismiss Complaint by City of North Port Notice of App by Robert Robinson Waiver of Service by City of North Port to Dismiss Complaint by North Port 8 port Notice of Filing Submission of Remedial Plan FL House of Representatives? Unopposed for Substitution of Counsel PRIORITY CASE DOCKET - DOS 2-13-15 03/03/14 03/12/14 03/30/14 03/30/14 04/02/14 04/08/14 04/10/14 04/14/14 04/17/14 04/18/14 04/21/14 04/21/14 04/21/14 04/22/14 04/22/14 04/24/14 05/01/14 05/02/14 05/02/14 05/07/14 05/08/14 05/15/14 05/20/14 05/27/14 05/31/14 06/02/14 06/12/14 06/12/14 06/17/14 06/17/14 06/13/14 06/20/14 06/20/14 06/24/14 06/26/14 07/30/14 07/31/14 08/18/14 08/19/14 09/16/14 09/30/14 10/12/14 02/10/15 Response to Motion to Dismiss Amend. Complaint by Sarasota County by WMS Response to Motion to Dismiss Complaint for Declar. And lnjunctive Relief by North Port Order denying Sarasota's Mot. to Dismiss Order denying North Port's Mot. to Dismiss Order referring case to mediation Objection re. Order referring case to mediation. Order North Port?s objection sustained. Order referring case to Mediation before Vl?lcox Answer to Amended Complaint by North Port Answer by Sarasota County Notice of Voluntarily Dismissal by WMS Amended Not. of Vol. Dismissal by WMS Objection re. Order referring case to med. 0rd on North Port?s obj. to med. - OR Order denying as moot notice of dismissal Objection re. Order referring case to med. (Detzner) Unopposed Mtn. to extend time to comply with mediation order Order granting the Pitfs Mtn. for ext. to DOS MTD Order granting for ext. of time to file reSponse to MTD Order granting ext. to comply with med. Order Notice of mediation conference on 6/20/14 Amended Complaint against DOS Order denying as moot MTD Amended Answer to 2"?1 Amend Complaint by Sarasota North Port's Answer Motion to Dismiss Second Amended Complaint Consent Service Notice of unavailability by Sarasota County Order failed to ?le Case Manag. Resp. to DOS MTD Amend. Complaint Pltf?s Coporate Disclosure Statement Supp. Response to DOS MTD 2"d Amend. Complaint Waiver of Service for Detzner. Bendus and Smith Resp. to Court's Order to SC Case Management Report Mediation Report Scheduling Order Motion to Dismiss Second Amended Complaint Order denying as Moot MTD Response in Opposition to to Dismiss Second Amended Complaint NOA by Glogau for Bendus. Detzner. Smith and DOS Order denying to Dismiss SOS's Answer to Second Amended Complaint Notice of Voluntary Dismissal of Defendant Sarasota County Amended Notice of Appearance by Davis 9 OH mH-m.n-N won I .EVUOD mm Sent: Friday. August 31. 2012 2:14 PM Bendus. Robert Kennedy, Jennifer Bryant. Cherie (Planning): Kostrzewa. Jack; Parker, Michael; Mchw, Rick; Calder, Autumn; Garrison. Ron; Menendez. Gabe: Doherty. Megan; warm". a?an; Galloway. Zachary Subjoce The Grove Rob and Jennifer, Thank you for sharing the State?s ideas for future development of the Grove and surrounding areas. it will provide an incredible opportunity for both the City and State from a number of perspectives. Below is a list of the issmindeas that we talked about to ensure a coordinated approach to assisting the State achieve it?s desired outcome: 1. Coordinate an appropriate Starivietro and/or trolley stop and/or access at an appropriate location. Consider more than simply placing a stop sign and bench. 2. Consider the use of exercise at; uipment along the trail system to increase visibility to a greater population which could encourage a greater awareness of the offerings at the Grove. 3. We provided you a draft proposed trolley route that, if funded, could be coordinated with the Grove. 4. Safe crossing of Thomasville Road and Monroe Street (0TH FOOT roadways} is essential. The City would like to be a part of any coordination with DOT regarding improved pedestrian access. 5. Consider the bike route through the site (extension of Adams Street). 6. City and State staff will need to coordinate options for safe pedestrian crossing of Duvai smr. 7. The median study being completed by the CRTPA should consider the proposed Grove improvements and property acquisitions. 3. Zach Galloway will provide code standards for parking areas. 9. Consider a trail system that can also be extended by the City to the Cemetery west of the proper-tics. 10. Solid waste services will need to be coordinated. 11. Look at opportunities to connect walking tours. 12. The City has concern with the drain pipe that discharges water onto Duvai from about 3-4 feet off the ground. It poses a danger to due to the force of the water being discharged. have copied all staff to make sure that I did not ms anything. We do look forward to working with the State to maize your plans a reality. As stated at the meeting. we will maize ourselves available to assist the State develop a coordinated plan for what we believe will be a tremendous asset to our community. Thanks again, Wayne Tedder Director of PLACE DOS_Bendus 0001 79 Exhibit 1 Rey Af?davit - D342 Rey, Carlos A. From: Rey, Carlos A. Sent: Friday, March 15. 2013 5:24 PM To: sandrews@andrewslawoffice.com Cc: Atkinson. Drew Subject: Response to Februrary 23, 2013 Public Records Request Attachments: 2013 03 15 Letter to Dear Mr. Andrews: Attached please ?nd the Department of State?s response to your public records request, Sincerely, Carlos A. Rey Assistant General Counsel Florida Department of State RA. Gray Building 500 S. Bronough Street Tallahassee, FL 323 99-0250 Phone: 850-245-6515 Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender, the Department of State or the Division of Elections. Parties should refer to the Florida Statutes and applicable case law, andfor consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to-or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. Florida is headed in the right direction! Click to Enlarge The Department of State is leading the commemoration of lorida'e r" 500th anniversary In 2013. For more inl'0nnation. please go to mm W. ?rigf?xxi The Department of State is committed to excellence. Please take our Exhibit 1 Rey Af?davit 0343 RICK SCOTT KEN DETZNER Governor Secretary of State March 15? 2013 VIA ELECTRONIC TRANSMISSION Steven Andrews The Law Of?ces of Steven Andrew PA. 822 Nonh Monroe Street Tallahassee, 323 03 gaming-WW Re: Public Records Request Dated February 23. 2013 Dear Mr. Andrews- Upon review of our rec0rds. the Florida Department of State does not have any documents that are responswe to your February 23, 2013 public records mquest. Ifyou have any quesnons. please do not hesuate to contact me. Respedfel?f? xii}: .121. Carlos A-sRey General Counsel R. A. Gray Building - 500 South Bronough Street - Tallahassee. Florida 32309-0250 Telephone: (350) 245-6500 Facsimile: (850! 2-15-6125 ?wwdomstated'lms Commemorating 50019:!? anio?da hiuan? mm?a?l?mom llii HBilBiSlill Exhibit 1 Ray Af?davit - 0344 Rex, Carlos A. From: Colleen Andrews Sent: Monday, July 15, 2013 2:46 PM To: Rey, Carlos A. Cc: Steven R. Andrews; 'Stephen Webster' Subject: Public Records Requests #10 8t #11 Attachments: 2013.07.15 PRR #10.pdf; 2013.07.15 DOS PRR #11.pdf DearCados Please see attached Public Records Requests #10 and #11. The lists of requested emails will be hand delivered to your of?ce this afternoon. if you have any questions, please let me know. Colleen Andrews Legal Assistant The Law Of?ces of Steven R. Andrews 822 North Monroe Street Tallahassee, FL 32303 (850) 681-6415 (850] 6_8 _-6934 - Fax 41.1" NOTICE: The information contained in this electronic message is legally privileged and con?dential information. As such, the information contained in this electronic message is exempt from disclosure under applicable law. The Information contained in this email is intended exclusively for the use of the Individual or entity named above. If the reader of this message is not the intended recipient, you are hereby noti?ed that any dissemination, distribution, or copying of the message is strictly prohibited. If you have received this email in error, please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system. Thank you for your attention and assistance in this matter. MI. Exhibit 1 Ray Af?davit - 0345 The Law O?ces of STEVEN R. ANDREWS, RA. Attorneys At Law 822 North Monroe Sheet Tn?ahasseo, FL 32303 (850) 681-6416, (850) 081.6934 Fax July 15, 2013 VIA: Hand Delive Carlos A. Rey Florida Department of State 500 S. Bronough Street Tallahassee, Florida 323 99 Re: Public Records Request #10 dated July 15, 2013 Dear Carlos: Attached are requested emails (an next to the date and time) ?om the email lists previously provided in reSponse to our Public Records Request #5 for Robert Bendus (Part 2), Shelby Bishop, Kurt Browning and JuDee Dawkins. Please provide these emails aloag with their attachments electronically on a disc in their digital native format. Providing a paper copy of this request does not satisfy this Public Records Request. I request that the person(s) who has custody of such records and who in good faith determines that a Statute 119 exemption applies redacts such record and produce the remainder of such record for inspection and copying. If the custodian of any record(s) requested that all or part of such record is exempt from inapection or copying, the cusmdian should provide a letter stating the basis for the exemption created or afforded by any Florida Statute upon which the DOS relies. If you so assert that an exemption does apply please identify which records requested would be exempt under that exemption. [f you contend this request is vague or confusing, please have the custodian of the records write me a letter as soon as possible identifying which parts are vague or confusing so I may clarify. Should you assert any privilege under Florida Statute 119, please list the statutory privilege and provide a Privilege Log which identi?es the sender, recipient and the date sent. If you should have any questions regarding the nature or extent of the records being requested herein, please do not hesitate to contact my of?ce for clari?cation. Exhibit 1 Rey Af?davit - 0346 incerel y, .. Stamped In My Absence Steven R. Andrews: Avoid Delay In Mailing SRAfcka cc: (without enclosures) (without enclosures) Enclosures Exhibit 1 Rey Af?davit - 0347 The Law Of?ces of STEVEN R. ANDREWS, RA. Attorneys At Law 822 .Narfh Monroe Street Tailairassee, FL 32503 (850) 681-6416, {550) 681-6984 Fax July 15,2013 VIA: Hand Delivery Carlos A. Rey Florida Department of State 500 S. Bronough Street Tallahassee, Florida 32399 Re: Public Records Request #11 dated July 15, 2013 Dear Carlos: Could you please provide our of?ce with the following Public Records: 1. All Delegations of Authority for Kurt Browning as Secretary of State with the Florida Department of State for years 2011 and 2012. All Delegations of Authority for Ken Detzner as Secretary of State with the Florida Department of State for years 2012 and 2013. All Delegations of Authority signed and unsigned by Secretary of State Browning for the following: JuDee Dawkins, Scott Stroh, Robert Bendus, Jennifer Kennedy, John Boynton and Dan Nordby for years 2011 through 2013. All Delegations of Authority signed and unsigned by Secretary of State Detzner for the following: uDee Dawlcins, Scott Stroh, Robert Bendus, Jennifer Kennedy, John Boynton and Dan Nordby for years 2011 through 2013. A cepy of the minutes of any meeting for the Grove Advisory Council from October 2012 through the present. Copies of the Lists of Emails (sent and received) from June 1, 201 1 through May 31, 2012 for the following: Chris Cate, Christie Burrus, Ernest Reddick and Dan Nordby. This includes any deleted and archived emails. Please provide these public records electronically on a disc. Providing a paper copy of this request does not satisfy this Public Records Request. Exhibit 1 Rey Af?davit - 0348 I request that the person(s) who has custody of such records and who in good faith determines that a Statute 119 exemption applies redacts such record and produce the remainder of such record for inspection and copying. 1f the custodian of any record(s) requested that all or part of such record is exempt from inspection or copying, the custodian should provide a letter stating the basis for the exemption created or afforded by any Florida Statute upon which the DOS relies. If you so assert that an exemption does apply please identify which records requested would be exempt under that exemption. If you contend this request is vague or con?ising, please have the custodian of the records write me a letter as soon as possible identifying which parts are vague or confusing so I may clarify. Should you assert any privilege under Florida Statute I 19, please list the statutory privilege and provide a Privilege Log which identi?es the sender, recipient and the date sent. If you should have any questions regarding the nature or extent of the records being requested herein, please do not hesitate to contact my office for clari?cation. Sincerely, 8mmPeel In My Absence Steven R. Delay In Mailing SRAfcka cc: jirn.petersty?oridalegalcom (without enclosures) (without enclosures) Enclosures Exhibit 1 Rey Af?davit - 0349 Rey, Carlos A. From: Rey, Carlos A. Sent: Wednesday, July 17, 2013 3:47 PM To: Colleen Andrews Subject: RE: Public Records Requests #10 a #11 Colleen, Our o?ice received your public records request and it is currently being processed. Thank you. Carlos A. Rey Assistant General Counsel Florida Department of State RA. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 Phone: 850-245-6515 Note: This response is provided for reference only and does not constitute a formal legal Opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, andfor consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact infermation, may be subject to public disclosure. From: Colleen Andrews Sent: Monday,r July 15,r 2013 2:51 PM To: Rey, Carlos A. Subject: RE: Public Records Requests #10 #11 The email lists with the requested emails are being hand delivered. From: Rey, Carlos A. s.R orl Sent: Monday, July 15, 2013 3:00 PM To: Colleen Andrews Subject: RE: Public Records Requests #10 #11 Exhibit 1 Rey Affidavit - D350 Dear Colleen: There was no list attached to your request. Thank yon, Carlos A. Rey Assistant General Counsel Florida Department of State R.A. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 Phone: 850-245-6515 Note: This response is provided for reference only and does not constitute a formal legal epiniOn or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, andr?or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. ?g 9 I The Department of State is leading the commemoration of Florida's 500th .533? anniversary in 2013. For more Information. please go to a . mama,_ The Department of State is committed to excellence. Please take our customer Satisfag'gn ?ue; From: Colleen Andrews Sent: Monday, July 15, 2013 2:46 PM To: Rey, Carlos A. Cc: Steven R. Andrews; ?Stephen Webster' Subject: Public Records Requests #10 #11 Dear Carlos, Please see attached Public Records Requests #10 and #11. The lists of requested emails will be hand delivered to y0ur of?ce this afternoon. If you have any questions, please let me know. Colleen Andrews Exhibit 1 Rey Af?davit - 0351 Legal Assistant The Law Of?ces of Steven R. Andrews 822 North Monroe Street Tallahassee, FL 32303 (350) 681-6416 [850] 681-6934 Fax CONFIDENTIALITY NOTICE: The information contained in this electronic message ls legally privileged and confidential information. As such, the information contained in this electronic message is exempt from disclosure under applicable law. The information contained in this email is intended exclusively for the use of the individual or entity named above. If the reader of this message Is not the Intended recipient, you are hereby noti?ed that any dissemination, distribution, or copying of the message is strictly prohibited. if you have received this email in error, please notify us immediately by return email and delete the original message and any copies of it from your computer system. Thank you for your attention and assistance in this matter, Exhibil 1 Rey A?idayit - 0352 Rey, Carlos A. From: Rey, Carlos A. Sent: Monday, July 22, 2013 2:29 PM To: Colleen Andrews Cc: sandrews@andrewslawoffice.com Subject: RE: Public Records Requests #10 BL #11 Colleen, Documents responsive to Public Records Request #11 are available for pick up. Thank you, Carlos A. Rey Assistant General Counsel Florida Department of State RA. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 Phone: 850-245-6515 Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, andl?or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or ?oor state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. From: Colleen Andrews Sent: Monday, July 15, 2013 2:46 PM To: Rey, Carlos A. Cc: Steven R. Andrews; 'Stephen Webster' Subject: Public Records Requests #10 #11 Dear Carlos, Please see attached Public Records Requests #10 and #11. The lists of requested emails will be hand delivered to your of?ce this afternoon. If you have any questions, please let me know. Exhibit 1 Rey Af?davit - 0353 Colleen Andrews Legal Assistant The Law Offices of Steven R. Andrews 822 North Monroe Street Tallahassee, FL 32303 (850) 681-6416 CONFIDENTIALITY NOTICE: The information contained in this electronic message is legally privileged and con?dentia information. As such, the information contained in this electronic message is exempt from disclosure under applicable law. The information contained in this email is intended exclusively for the use of the individual or entity named above, If the reader of this message is not the intended recipient, you are hereby noti?ed that any dissemination, distribution, or copying of the message is strictly prohibited. if you have received this email in error, please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system. Thank you for your attention and assistance in this matter. Exhibit 1 Rey Af?davil - 0354 RICK SCOTT KEN DETZNER Governor Secretary of State July 22, 2013 Steven Andrews The law Of?ces of Steven Andrews. PA. 822 North Monroe Street Tallahassee, FL 32303 Re: Public Records Request #1 1 Dear Mr. Andrews: Enclosed please ?nd a CD containing copies of the delegations of authority our o?ice had that were responsive to your request. Also, there are no minutes for the Grm-?e Advisory Council, since they did not have a meeting during the time period you requested. Our o?ice is currently working on compiling the list of emails you requested. If you have any questions, please do not hesitate to contact me. RespectfullyCarlos A. Assistant General Counsel Encl? CD with Delegations of Authority 31 R. A. Gray Building - 500 South Bronough Street - Tallahassee, Florida 32399-0250 Telephone: [850] 245-6500 - Facsimile: (850) 245-6125 ?nx Commemorating 500 years of Florida history VIVA Fi??i?i??i ilii Exhibit 1 Rey Af?davit - 0355 Rey. Carlos A. From: Colleen Andrews Sent: Tuesday, August 06, 2013 2:26 PM To: Rey, Carlos A. Cc: Chris Krog Subject: Public Records Request #10 Attachments: 2013.07.15 PRR #10.pdf Hello Carlos, Could you please provide me with an update on this request? We would like to pick up those records you have available so far. Please let me know. Thanks, Colleen Andrews Legal Assistant The Law Of?ces of Steven R. Andrews 822 North Monroe Street Tallahassee, FL 32303 (350) 681-6416 (350) 681-6984 - Fang #E?a?fVT?c .37.. CONFIDENTIALITY NOTICE: The information contained in this electronic message is legally privileged and confidential information. As such, the information contained in this electronic message is exempt from disclosure under applicable law. The information contained in this email is Intended exclusively for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby noti?ed that any dissemination, distribution, or copying of the message ls strictly prohibited. if you have received this email in error, please notify us immediately by return e-mall and delete the original message and any copies of it from your computer system. Thank you for your attention and assistance in this matter. Exhibit 1 Rey Af?davit - 0356 Rey, Carlos A. From: Rey, Carlos A. Sent: Tuesday, August 06, 2013 2:40 PM To: Colleen Andrews Subject: RE: Public Records Request #10 Colleen, Our of? ce is still working on your request. We will have documents ready for pick up this week, and I will contact you as soon as they are ready. Thank you, Carlos A. Rey Assistant General Counsel Florida Department of State R.A. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 Phone: 850?245-65 15 Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, andfor consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or ?om state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. From: Colleen Andrews Sent: Tuesday, August 06, 2013 2:26 PM To: Rey, Carlos A. Cc: Krog Subject: Public Records Request #10 Hello Carlos, Could y0u please provide me with an update on this request? We would like to pick up those records you have available so far. Please let me know. Exhibit 1 Rey Af?davit - 0357 Thanks, Colleen Andrews Legal Assistant The Law Of?ces of Steven R. Andrews 322 North Monroe Street Tallahassee, FL 32303 (350) 681-6416 (850) 681-6984 - Fax yuan-ffm?allCONFIDENTIALITY NOTICE: The information contained in this electronic message is legally privileged and mn?dentiaI information. As such, the information contained in this electronic message is exempt from disclosure under applicable law. The information contained in this email is intended exclusively for the use of the individual or entity named above. if the reader of this message is not the intended recipient, you are hereby noti?ed that any dissemination, distribution, or copying of the message is strictly prohibited. If you have received this email In error, please notify us Immediately by return e-maii and delete the original message and any copies of it from your computer system. Thank you for your attention and assistance in this matter. Exhibit 1 Rey Af?davit - 0358 Rey, Carlos A. From: Colleen Andrews Sent: Wednesday, August 07, 2013 1:07 PM To: Rey, Carlos A. Subject: Public Records Request #11 Attachments: 2013.07.15 DOS PRR #11.pdf Hello Carlos, Could you please give me a status on when we can expect to receive items 5 and 6 on Public Records Request #11? Thanks, Colleen Andrews Legal Assistant The Law Of?ces of Steven R. Andrews 822 North Manroe Street Tallahassee, FL 32303 [850) 681-6416 {850] 681-6984 - 4 :33? s' .3, . CONFIDENTIALITY NOTICE: The information contained in this electronic message is legally privileged and con?dential information. As such, the information contained in this electronic message is exempt from disclosure under applicable law. The information contained in this email is intended exclusively for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby noti?ed that any dissemi nation, distribution, or copying ofthe message is strictly prohibited. If you have received this email in error, please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system. Thank you for your attention and assistance in this matter. Exhibit 1 Rey Af?davit - 0359 Rey, Carlos A. From: Rey, Carlos A. Sent: Wednesday, August 07, 2013 1:21 PM To: Colleen Andrews Subject RE: Public Records Request #11 Colleen, As stated in the July 22 letter, the Grove Advisory Council did not hold any meetings during the requested time period. There are no minutes to be produced. Item six should be available either late today or early tomorrow morning. I will contact you when it is ready. Thank you, Carlos A. Rey Assistant General Counsel Florida Department of State RA. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 Phone: 850-245-6515 Note: This re5ponse is provided for reference only and does not constitute a formal legal Opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, andfor consult an attomey to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or ?rm state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. From: Colleen Andrews Sent: Wednesday, August 07, 2013 1:07 PM To: Rey, Carlos A. Subject: Public Records Request #11 Hello Carlos, Could you please give me a status on when we can expect to receive items 5 and 6 on Public Records Request #11? Exhibit 1 Rey A?idavit 0360 Thanks, Colleen Andrews Legal Assistant The Law Of?ces of Steven R. Andrews 822 North Monroe Street Tallahassee, FL 32303 (850] 581-6416 (350CONFIDENTIALITY NOTICE: The information contained in this electronic message is legally privileged and con?dential information. As such, the information contained in this electronic message is exempt from disclosure under applicable law. The information contained in this email Is Intended exclusively for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of the message is strictly prohibited. If you have received this email In error, please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system. Thank you for your attention and assistance in this matter. Exhibit 1 Rey Af?davit - 0361 Rey, Carlos A. From: Colleen Andrews Sent: Wednesday, August 07, 2013 1:11 PM To: Rey, Carlos A. Subject: RE: Public Records Request #11 Thank you From: Rey, Carlos A. Sent: Wednesday, August 07, 2013 1:21 PM To: Colleen Andrews Subject: RE: Public Records Request #11 Colleen, As stated in the July 22 letter, the Grove Advisory Council did not hold any meetings during the requested time period. There are no minuteS to be produced. Item six should be available either late today or early tomorrow morning. I will contact you when it is ready. Thank you. Carlos A. Rey Assistant General Connsel Florida Department of State RA. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 Phone: 350-245-6515 Note: This response is provided for reference only and does not constitute a formal legal Opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, andfor consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. Exhibit 1 Rey Af?davit - 0362 ltei?i?oririn FL 1 The Department of State is leading the commemoration of Florida's 500m - anniversary In 2013. For more information. please go to . A 5 . Ems?;- The Department of State is comm itted to excellence. Please take our gramme: ?atisfaction Survey. From: Colleen Andrews Sent: Wednesday, August 07, 2013 1:07 PM To: Rey, Cados A. Subject: Public Records Request #11 Hello Carlos, Could you please give me a status on when we can expect to receive items 5 and 6 on Public Records Request #11? Thanks, Colleen Andrews Legal Assistant The Law Offices of Steven R. Andrews 822 North Monroe Street Tallahassee, FL 32303 (850] 631-6416 (850) 681-6984 - Fax CONFIDENTIAUTY NOTICE: The information contained in this electronic message is legally privileged and con?dential information. As such, the information contained in this electronic message Is exempt from disclosure under applicable law. The information contained In this email is intended exclusively for the use of the Individual or entity named above. If the reader of this message Is not the intended recipient, you are hereby noti?ed that any dissemination, distribution, or copying of the message is strictly prohibited. If you have received this email in error, please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system. Thank you for your attention and assistance in this matter. Exhibit 1 Rey Af?davit - 0363 Rey, Carlos A. From: Rey, Carlos A. Sent: Wed nesday, August 07, 2013 3:18 PM To: Colleen Andrews Subject: RE: Public Records Request #11 Attachments: PRR Exemptions--REDACTED.pdf Colleen, Eng?g Rg13m1?11 The email lists requested in your public records request 11 are ready fer pickup. This will complete our response to your public request #11. gab?g Ernest #19 Upon reviewing the emails requested in your public records request #10 for Rob Bendus, I came across an email labeled FW: PRR Exemptions. It was sent May 08, 2012. The email contains a list of individuals who requested exemptions from public records under Ch. 1 19, RS. Attached to the email are the forms completed by the individuals requesting the exemptions. I have attached a copy of the email, with the mes redacted, and a sample of one of the forms attached. In order to provide this email, I will have to review each name and form and indicate the exemption that would apply. Such a review would take time and hinder our response to your request. Upon reviewing the content of the email and the sample form, please indicate if you would like us to proceed with the redaction and production of this document. Sincerely, Carlos A. Rey Assistant General Counsel Florida Department of State RA. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 Phone: 350-245-6515 Note: This reSponse is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and! or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutOry exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. Exhibit 1 Ray Af?davit 0364 From: Colleen Andrews Sent: Wednesday, August 07, 2013 1:11 PM To: Rey, Carlos A. Subject: RE: Public Records Request #11 Thank you From: Rey, Carlos A. .m Sent: Wednesday, August 07, 2013 1:21 PM To: Colleen Andrews Subject: RE: Public Records Request #11 Colleen, As stated in the July 22 letter, the Grove Advisory Council did not hold any meetings during the requested time period. "there are no minutes to be produced. Item six should be available either late today or early tomorrow morning. I will contact you when it is ready. Thank you, Carlos A. Rey Assistant General Counsel Florida Department of State R.A. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 Phone: 850-245-6515 Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, andfor consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. Exhibit 1 Rey Af?davit - 0365 I m. 5,9" FLORIDA DEPARTMENT RICK SCOTT KEN DETZNER Governor Secretary of State August 7, 2013 Steven Andrews The Law O?lces of Steven Andrews, RA. 822 North Monroe Street Tallahassee. FL 32303 Re: Public Records Request #11 Dear Mr. Andrews: Enclosed please ?nd a CD that contains a list of emails from June 1. 2011 through May 31, 2012 for the following: Chris Cate. Christie Burrus, Ernest Reddick, and Dan Nordby. This list is in response to your public records mquest #11. Any emails requested off of lists provided by our o?ice will be reviewed to determine if exemptions to Ch. 119. Florida Statutes, apply. Sincerely. I Ht. .o a Carlos Assistant General Counsel Encl: CD with Email Lists #4 R. A. Gray Building - 500 South Bronough Street - Tallahassee, Florida 32399-0250 Telephone: (850) 245-6600 - Facsimile: (850) 245-6125 Commemorating 500 years of?orida history Elm Fw?ms?g' Exhibit 1 Ray Af?davitm??al?gmma? Rey, Carlos A. From: Colleen Andrews Sent: Friday, August 09, 2013 3:09 PM To: Rey, Carlos A. Subject: RE: Public Records Request #10 Hey Carlos, Can i send our runner there to pick up those records you said would be available for Public Records Request #10? Co?een From: Rey, Carlos A. Sent: Tuesday, August 06, 2013 2:40 PM To: Colleen Andrews Subject: RE: Public Records Request #10 Colleen, Our of?ce is still working on your request. We will have documents ready for pick up this week, and I will contact you as soon as they are ready. Thank you, Carlos A. Rey Assistant General Counsel Florida Department of State RA. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 Phone: 850-245-6515 Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state o?icials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. Exhibit 1 Rey A?idavil - 0367 :15? .5 $74 anniversary in 2013. For more information, please go 10 3mg a The Department of State is committed to exoellence. Pleasa take our Customer ??lfac?on Survey. ltsWor?tln FL .. ,1 1 The Department of State is leading the commemoration of Florida's 500th From: Colleen Andrews Sent: Tuesday, August 06, 2013 2:26 PM To: Rey, Carlos A. Cc: Chris Krog Subject: Public Records Request #10 Hello Carlos, Could you please provide me with an update on this request? We would like to pick up those records you have available so far. Please let me know. Thanks, Colleen Andrews Legal Assistant The Law Offices of Steven R. Andrews 822 North Monroe Street Tallahassee, FL 32303 [850) 681-6416 (850) 681-6 .6 CONFIDENTIALITY The information contained in this electronic message is legally privileged and con?dential information. As such, the information contained in this electronic message is exempt from disclosure under applicable law. The information contained in this email is intended exclusively for the use of the individual or entity named above. if the reader of this message is not the intended recipient, you are hereby noti?ed that any dissemination, distribution, or copying of the message is strictly prohibited. if you have received this email in error, please notify us Immediately by return e?maii and delete the original message and any copies of it from your computer system. Thank you for your attention and assistance in this matter. Exhibit 1 Rey Af?davit - 036B Rex, Carlos A. From: Rey, Carlos A. Sent: Friday, August 09, 2013 3:27 PM To: Colleen Andrews Subject: RE: Public Records Requast #10 Colleen, The emails for Kurt Browning and JuDee Dawkins are available for pickup. No privileges were asserted for the emails requested. The remaining emails will be available early next week. Thank you, Carlos A. Rey Assistant General Counsel Florida Department of State RA. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 Phone: 850-245-6515 Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact infermation, may be subject to public disclosure. From: Colleen Andrews Sent: Friday, August 09, 2013 3:09 PM To: Rey, Carlos A. Subject: RE: Publlc Records Request #10 Hey Carlos, Can lsend our runner there to pick up those records you said would be available for Public Records Request #10? Co?een Exhibil 1 Rey Af?davit - 0369 From: Rev, Carlos A. Sent: Tuesday, August 06, 2013 2:40 PM To: Colleen Andrews Subject: RE: Public Records Request #10 Colleen, Our of?ce is still working on your request. We will have documents ready for pick up this week, and I will contact you as soon as they are ready. Thank you. Carlos A. Rey Assistant General Counsel Florida Department of State RA. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 Phone: 850-245-6515 Note: This response is provided for reference only and does not constitute a formal legal Opinion or representation ?om the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state officials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a Speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. The Department of State is leading the commenteration of Florida's 500th anniversary in 2013. For more Information. please go to mm": The Department of State is committed to excellence. Please take our gustomer Satlsfaction ?urvgy. From: Colleen Andrews Sent: Tuesday, August 06, 2013 2:26 PM To: Rey, Carlos A. Cc: Chris Krog Subject: Public Records Requst #10 Hello Carlos, Exhibit 1 Rey Af?davit - 0370 Could you please provide me with an update on this request? We would like to pick up those records you have available so far. Please let me know. Thanks, Colleen Andrem Legal Assistant The Law Of?ces of Steven R. Andrews 822 North Mon roe Street Tallahassee, FL 32303 (850) 681-6416 1-6984 - Fax 1 NOTICE: The Information contained in this electronic message is legally privileged and confidential information. As such, the information contained in this electronic message is exempt from disclosure under applicable law. The information contained in this email is intended exclusively for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby noti?ed that any disemination, distribution, or copying of the message is strictly prohibited. If you have received this email in error, please notify us immediately by return e-mall and delete the original meSSage and any copies of it from your computer system. Thank you for your attention and assistance in this matter. Exhibit 1 Rey Af?davit - 0371 Rey, Carlos A. From: Colleen AndreWS Sent: Tuesday, August 13, 2013 3:43 PM To: Rey. Carlos A. Subject: RE: Public Records Request #10 Hello Carlos, Per your email, can I send my runner there to pick up those remaining emails? Thanks, CoHeen From: Rey, Carlos A. Sent: Friday, August 09, 2013 3:27 PM To: Colleen Andrews Subject: RE: Public Records Request #10 Colleen, The emails for Kurt Browning and uDee Dawkins are available for pickup. No privileges were asserted for the emails requested. The remaining emails will be available early next week. Thank you, Carlos A. Ray Assistant General Counsel Florida Department of State RA. Gray Building 500 S. Bronough Street Tallahassee, FL 323 99-0250 Phone: 850-245-155 1 5 Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business censti lute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. Exhibit 1 Rey Af?davil - 0372 From: Colleen Andrews Sent: Friday, August 09, 2013 3:09 PM To: Rey, Carlos A. Subject: RE: Publlc Records Request #10 Hey Carlos, Can I send our runner there to pick up those records you said would be available fOr Public Records Request #10? CoHeen From: Rev. Carlos A- Sent: Tuesday, August 06, 2013 2:40 PM To: Colleen Andrews Subject: RE: Public Records Request #10 Colleen, Our of?ce is Still working on your request. We will have documents ready for pick this week, and I will contact you as soon as they are ready. Thank you, Carlos A. Roy Assistant General Counsel Florida Department of State R.A. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 Phone: 850-245-6515 Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, andfor consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state officials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subj act to public disclosure. Exhibit 1 Rey Af?davit - 0373 I Workln FL . a I The Department of State ls leading the commemoration of Florida's 500th -- anniversary in 2013. For more Information, please go to . mm?, mm. In? The Department of State is committed to excellence. Please take our From: Colleen Andrews [Warn] Sent: Tuesday, August 06, 2013 2:26 PM To: Rey, Carlos A. Cc: Chris Krog Subject: Public Records Request #10 Hello Carlos, Could you please provide me with an update on this request? We would like to pick up those records you have available so far. Please let me know. Thanks, Colleen Andrews Legal Assistant The Law Offices of Steven R. Andrews 822 North Monroe Street Tallahassee. FL 32303 (350) 681?6416 (350) 681-6 CONFIDENTIALITY NOTICE: The information contained in this electronic message is legally privileged and confidential information. As such, the information contained in this electronic message ls exempt from disclosure under applicable law. The information contained in this email is intended exclusively for the use of the individual or entity named above. if the reader of this message is not the intended recipient, you are hereby noti?ed that any dissemination, distribution, or copying of the message is strictly prohibited. If you have received this email in error, please notify us immediately by return e?mail and delete the original message and any copies of it from your computer system. Thank you for your attention and assista nce in this matter. Exhibit 1 Rey Af?davit - D374 Rey. Carlos A. From: Colleen Andrews Sent: Tuesday, August 13, 2013 3:43 PM To: Rey, Carlos A. Subject: RE: Public Records Request #10 Hello Carlos, Per your email, can I send niy runner there to pick up those remaining emails? Thanks, Co?een From: Remr Carlos A. Sent: Frlday, August 09, 2013 3:27 PM To: Colleen Andrews Subject: RE: Public Records Request #10 Colleen, The emails for Kurt Browning and JuDee Dawkins are available forpickup. No privileges were asserted for the emails requested. The remaining emails will be available early next week. Thank you, Carlos A. Rey Assistant General Counsel Florida Department of State RA. Gray Building 500 S. Bronough Street Tallahassee. FL 32399-0250 Phone: 850-245-6515 Note: This response is provided for reference only and does not constitute a formal legal opinion or representation ?'om the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. Exhibil ?l Rey Af?davit - 0375 From: Colleen Andrews Sent: Friday, August 09, 2013 3:09 PM To: Rey, Carlos A. Subject: RE: Public Records Request #10 Hey Carlos, Can I send our runner there to pick up those records y0u said would be available for Public Records Request #10? CoMeen From: Rey, Carlos A. a'lto: 0 Ida. Sent: Tuesday, August 06, 2013 2:40 PM To: Colleen Andrews Subject: RE: Publlc Records Request #10 Colleen, Our of?ce is still working on your request. We will have documents ready for pick up this week, and I will contact you as soon as they are ready. Thank you, Carlos A. Rey Assistant General Counsel Florida Department of State RA. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 Phone: 850-245-6515 Note: This response is provided for reference only and does not constitute a formal legal opinion or representation ?orn the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, andfor consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state o?icials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. Exhibil 1 Rey A?idavit - 0376 ?a i The Department of State is leading the commemoration et Florida's sooth anniversary in 2013. For more information, please go to Him; The Department or State is committed to excellence. Please take our Customer ?gtisggign 55,1231. From: Colleen Andrews Sent: Tuesday, August 06, 2013 2:26 PM To: Rey, Carlos A. Cc: Chris Krog Subject: Public Records Request #10 Hello Carlos, Could you please provide me with an update on this request? We would like to pick up those records you have available so far. Please iet me know. Thanks, Colleen Andrews Legal Assistant The Law Of?ces of Steven R. Andrews 822 North Monroe Street Tallahassee, FL 32303 {850} 681-6416 (850) 681-6984 - Fax CONFIDENTTAUTY The Information contained in this electronic message is legally privileged and con?dential information. As such, the information contained in this electronic message is exempt from disclosure under applicable law. The information contained in this email is intended exclusively for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby noti?ed that any dissemination, distribution, or copying of the message is prohibited. If you have received this email in error, please notify us immediately by return e?mail and delete the original message and any copies of it from your computer system. Thank you for your attention and assistance in this matter. Exhibit 1 Rey A?idavil? 0377 Rey, Carlos A. . From: Rey, Carlos A. Sent: Tuesday, August 13, 2013 4:39 PM To: Colleen Andrews Subject: RE: Public Records Request #10 The emails should be ready by tomorrow. I contact you as soon as they are. Thank you, Carlos A. Rey Assistant General Counsel Florida Department of State RA. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 Phone: 850-245-6515 Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a Speci?c statutory exemption. Therefore, any information that you send to this address, including your contact infonnan'on, may be subject to public disclosure. From: Colleen Andrews Sent: Tuesday, August 13, 2013 3:43 PM To: Rey, Canes A. Subject: RE: Public Records Request #10 Hello Carlos, Per your email, can I send my runner there to pick up those remaining emails? Thanks, CoHeen Exhibit 1 Rey Affidavit - oars From: Rey, Carlos A. r' Sent: Friday, August 09, 2013 3:27 PM To: Colleen Andrews Subject: RE: Public Records ReqUest #10 Colleen, The emails for Kurt Browning and JuDee Dawkins are available for pickup. No privileges were asserted for the emails requested. The remaining emails will be available early next week. Thank you, Carlos A. Rey Assistant General Counsel Florida Department of State RA. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 Phone: 850-245-6515 Note: This reSponse is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, andfor consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. From: Colleen Andrews Sent: Friday, August 09, 2013 3:09 PM To: Rey, Carlos A. Subject: RE: Public Records Request #10 Hey Carlos, Can I send our runner there to pick up those records you said would be available for Public Records Request #10? CoHeen From: Rey, Carlos A. . Sent: Tuesday, August 06,r 2013 2:40 PM To: Colleen Andrews Subject: RE: Public Records Request #10 Exhibit 1 Rey Af?davit - 0379 Colleen, Our of?ce is still working on your request. We will have documents ready for pick up [his week, and 1 will contact you as soon as they are ready. Thank you, Carlos A. Rey Assistant General Counsel Florida Department of State R.A. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 Phone: 850-245-6515 Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, andfor consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. lteh?a'crkir Ft. -v 1- ?g The Department of State is leading the commemoration of Florida's 500th :5 anniversary in 2013. For more information, please go to What?s rida. . The Department of State is committed to excellence. Please take our Whamm- From: Colleen Andrews Sent: Tuesday, August 06, 2013 2:26 PM To: Rey, Caries A. Cc: Chris Krog Subject: Public Records Request #10 Hello Carlos, Could you please provide me with an update on this request? We would like to pick up those records you have available so far. Please let me know. Thanks, Exhibil 1 Rey Af?davit - 0380 Colleen Andrews Legal Assistant The Law Of?ces of Steven R. Andrews 822 North Monroe Street Tallahassee, FL 32303 (850) 681-6416 {850) 681-6984 - F335 I ?my - . .--.. .. - CONFIDENTIALITY NOHCE: The information contained in this electronic message is legally privileged and con?dential information. As such, the information contained in this electronic message ls exempt from disclosure under applicable law. The information contained in this email is intended exclusively for the use of the Individual or entity named above. If the reader of this message is not the intended recipient, you are hereby noti?ed that any dissemination, distribution, or copying of the message is strictly prohibited. If you have received this email in error, please notify us immediately by return e-mall and delete the original message and any copies of it from your computer system. Thank you for your attention and assistance in this matter. Exhibit 1 Rey Af?davit - 0381 Rex, Carlos A. From: Sent To: Subject: Attachments: Dear Carlos, Please see the attached letter. Thank you, Colleen Andrews Legal Assistant The Law Of?ces of Steven R. Andrews 822 North Monroe Street Tallahassee, FL 32303 (650) 631-6416 Colleen Andrews Wednesday, November 06. 2013 12:18 PM Rey, Carlos A. Public Records Request #11 2013.11.05 to Carlos Rey re PRR #11.pdf CONFIDENTIMJTY N011CE: The information contained in this electronic message is legally privileged and confidential information. As such, the information contained in this electronic message is exempt from disclosure under applicable law. The information contained in this email is message is not the intended recipient intended exclusively for the use of the individual or entity named above. If the reader of this you are hereby noti?ed that any dissemination, distribution, or copying of the message is strictly prohibited. ifyou have received this email in error, please notify us Immediately by return e?mall and delete the original message and any copies of it from your computer system. Thank you for your attention and assistance in this matter. Exhibit 1 Rey Af?davit - 0382 The Law Of?ces of STEVEN R. ANDREWS, P.A. Attorneys At Law 822 North Monroe Street Tallahassee, FL 52303 (350) 631.6416, (.950) 681-6984 Fax November 5, 2013 VIA: Electronic Transmission Carlos A. Ray Florida Deparnnent of State 500 S. Bronougb Street Tallahassee, Florida 323 99 Re: Public Records Request #11 Dear Carlos: On August 7, 2013, our of?ce picked up a CD containing the email lists for Chris Cate, Christie Bur-ms, Ernest Reddick and Dan Nordby. Upon review, we discovered there was missing information on the email lists. These lists contain the name of the ?Sender? in the column marked as However, in the column labeled as only the number of recipients and not the names of the recipients to the emails is listed. Therefore, before our of?ce can complete a review for requested emails, we need this missing information. Could you please download the complete email lists again with the missing information and all metadata? Our of?ce will pick up the CD when ready. Ifyou have any questions, please do not hesitate to contact me for clari?cation. Thanks for all your help. Sincerely, (in Colleen Andrews Legal Assistant ICKA Exhibit 1 Rey Af?davil- 0383 Rex. Carlos A. I From: Menke, Travis D. Sent: Thursday, November 14, 2013 12:05 PM To: Rey, Carlos A. Cc: Nelson. Alan Subject: RE: Sample Email List I found where the custom report option is located which is what created the example that you attached. The will ?nd the resulting ?le in your folder \\dossusers\user$\CARey\Public Records Request\Andrews Request\. Let me know if you need anything else. Travis Menke, CISSP information Security Manager Florida Department ofState (850] 245?6107 TravisMenke @dos.my?orida.com From: Rev;r Carlos A. Sent: Thursday, November 14, 2013 9:21 AM To: Menke, Travis D. Subject: Sample Email List Travis, Here is a sample email list we provided that had the ?To? column populated with the names ofindividuals. Contact me today on any progress. Thank you, Carlos The Department of State Is leading the commemoration of Florida's 500th anniversary in 2013.F or more information' please 0 to 51m? The Department of State is committed to excellence. Please take our Qggtomer ?a?sfaetion survey. tr Exhibil 1 Rey Af?davit - 0384 Rex, Carlos A. From: Rey, Carlos A. Sent: Thursday, November 14, 2013 3:08 PM To: Colleen Andrews Subject: RE: Public Records Request Colleen: The lists will be available for pick up in the next half hour Thank you, Carlos A. Rey Assistant General Counsel Florida Department of State RA. Gray Building 500 S. Bronough Street Tallahassee, FL 323 99-0250 Phone: 850-245-6515 Note: This response is provided for reference only and does not constitute a formal legal opinion or representation ?'orn the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/0r consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. From: Colleen Andrews Sent: Thursday, November 14, 2013 11:42 AM To: Rey, Carlos A. Subject: RE: Public Records Request Hello Carlos, I would like to send our runner there this afternoon to pick up the new search by iT for the missing information. What time is good for you? CoHeen Exhibit 1 Rey Af?davil - 0385 From: Rey, Carlos A. Sent: Thursday, November 07, 2013 9:02 AM To: Colleen Andrews Cc: Atkinson, Drew Subject: Public Records Request Colleen, Attached is a copy of the breakdown for Public Records Request #9 that was provided to your of?ce. The time for IT was for Alan Nelson and the GC review was for me. I am currently working on getting a similar breakdown for public records request #12, but Mr. Nelson is currently on paternity leave. I will send him an email to verify the breakdown fer the IT portion and send it to you as soon as I receive it. Regarding the missing ?To? ?eld in the email lists provided on August 7, 2013. I have put in a request to IT to populate that ?eld in the spread sheet. It is anticipated that this should be completed by next week. I will contact you as soon as it is ready for pickup. Thank you, Carlos A. Rey Assistant General Counsel Florida Department of State RA. Gray Building 500 S. Bronough Street Tallahassee, FL 32399?0250 Phone: 850-245-6515 Note: This response is provided for reference only and does not constitute a formal legal Opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. From: Colleen Andrews an Sent: Tuesday, November 05, 2013 9:08 AM To: Rey, Carlos A. Subject: FW: Publlc Records Request #9 Hey Carlos, Exhiblt 1 Rey Af?davit - 0386 For our records, could you please provide me with a breakdown of the dates and times for the billing of this invoice as well? Also, is this time for yourself and Mr. Nelson as well? Again, thank you in advance for your cooperation. Colleen Andrews Legal Assistant The Law Offices of Steven R. Andrews 822 North Monroe Street Tallahassee, FL 32303 (850) 681-6416 (850} 681-5934 - Fax at? 11" t? .. - "5:22 CONFIDENTIALITY NOTICE: The information contained in this electronic message is legally privileged and con?dential information. As such, the information contained in this electronic message is exempt from disclosure under applicable law. The information contain ed ln this email is Intended exclusively for the use of the individual or entity named above. If the reader of this message Is not the intended recipient, you are hereby noti?ed that any dissemination, distribution, or copying of the message Is strictly prohibited. If you have received this email in error, please notify us immediately by return email and delete the original message and any coples of It from your computer system. Thank you for your attention and assistance in this matter. From: Rey, Carlos A. Sent: Thursday, May 02, 2013 4:06 PM To: Natalie Shef?eld Cc: Colleen Andrews; Atkinson, Drew Subject: RE: Public Records Request #9 Dear Ms. Sheffield: Attached please ?nd an invoice regarding the public records request delivered your office to our of?ce on April 30, 2013. Please contact me if you have any questions. Sincerely, Carlos A. Roy Assistant General Counsel Florida Department of State R.A. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 Phone: 850?245 -65 1 5 Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and Exhibit 1 Rey Af?davit - 0337 applicable case law, andior consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a Speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be Subject to public disclosure_ lteWoritit?l F1. 1 .1 gm 9 The Department of State is leading the commemoration of Florida's 500th - I . anniversary in 2013. For more information. Please 9? to i. .I -d Waite The Departmenl of State is committed to excellence. Please take our gustomer Satigfggign Suggey. From: Natalie Shef?eld Sent: Tuesday, April 30, 2013 4:05 PM To: Rey, Carlos A. Cc: Use oridal al- WM Colleen Andrews Subject: Public Records Request #9 Good Afternoon: Attached is Public Records Request Mr. Rey: the original letter and attachments will be hand delivered to your of?ce today. Natalie Shef?eld Legal Assistant The Law Of?ces of Steven R. Andrews 822 North Monroe Street Tallahassee, FL 32303 (350) 681-6416 (850) 681-6984 - Fax CONFIDENTIALITY NOTICE: The information contained in this electronic message is legally privileged and con?dential information. As such, the information contained in this electronic message is exempt from disclosure under applicable law. The information contained in this email is intended exclusively for the use of the individual or entity named above. If the reader of this message Is not the intended recipient, you are hereby noti?ed that any dissemination, distribution, or copying of the message is strictly prohibited. If Exhibit 1 Rey Af?davit - 0388 you have received this email In error, please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system. Thank you for your attention and assistance in this matter. Exhibit 1 Rey Af?davit - 0339 From: T0: Subject: Fwd: Thank you re: JCC Renomination Interview 2-10-2015 Date: Wednesday, February 11, 2015 3:42:08 PM Ben Gibson Begin forwarded message: From: "Holley, Ray wrote: Ben, Thank you for the opportunity to interview for a summer law clerk position with the Governor's Of?ce of General Counsel. It was a pleasure meeting you and learning about what working as the Governor's general counsel entails. Unfortunately, I did not get a chance to talk with Tim, but 1 completely understand that when you are the Governor's lawyer you have to be ready to answer your phone (especially when it may be Mr. Scott on the other side). I would like to reiterate my strong interest in a position with your office. My position as a teaching assistant for legal writing, as well as my book award in legal drafting prove that I have the research and writing skills that you are looking for in a summer law clerk. Additionally, as a Florida State University graduate, I have a true love for the city of Tallahassee and a desire to live there. Lastly, I understand the honor that comes with working for the Govemor and the State of Florida. It is a unique opportunity, that most attorneys do not get. With this understanding, I would come to work each morning ready to engage in the fast paced atmosphere you described, work diligently, and provide the utmost effort during my employment with the Governor's O?ce of General Counsel. Thank you again for your time and consideration. I look forward to hearing ?om you. Sincerely, Alex Horowitz mm Monday, February 09, 2015 6:36:11 PM From: To: CM i 539W mun?m Egg-W Subject: Daily News Summary - Feb. 9, 2015 Date: Monday, February 09, 2015 3:52:48 PM FEBRUARY 9, 2015 Judiciary HER HONOR: MARY P. HATCHER IS NEWEST JUDGE IN 5TH JUDICIAL CIRCUIT Citrus County Chronicle Article February 7, 2015 Judge Mary P. Hatcher, elected in November, was sworn in Friday [Feb. 9] as the new family court judge for Florida's 5th Judicial Circuit. The Old Courthouse was crowded with friends, supporters, family members, fellow judges, attorneys, law enforcement and court personnel for Hatcher's investiture ceremony. The Sumter Bar Association presented the new judge with a black robe, and Adam Czaya, president of the Citrus County Bar Association, presented her with the scales ofjustice and a personalized gavel. Judge Richard Howard, whom Hatcher acknowledged as her mentor, administered the oath of of?ce. "In family court you see good people on their worst day; they deserve nothing less than my best efforts. I am very humbled and honored to accept this and embrace the challenges that lie ahead," Hatcher said. Legal Profession FORMER PROSECUTOR NOW HELPS HILLSBOROUGH OFFICE MAKE CASES Tampa Bay Times Article February 8, 2015 In her years at the Hillsborough State Attorney's Of?ce, Karen Stanley became a prosecutor well liked by defense lawyers who thought she gave them a fair shake. On Monday [Feb. Stanley started her first day of work in another part of the criminal justice system: the Hillsborough County Sheriff?s Office. In a unique job tailor-made for her experience, Stanley will earn $140,000 a year as legal adviser. Stanley will locate holes in criminal cases to help the state make more convincing arguments in court. Legislature FLORIDA LAWMAKERS CONSIDER PROPOSAL TO REDUCE YOUTH ARRESTS Miami Herald Article February 6, 2015 State lawmakers will consider sweeping changes to the criminal justice system next month, including a plan to reduce the number of youth arrests. The proposal (SB 378) would expand the state's civil citation program, which gives police of?cers the option to prescribe community service or intervention programs for young people who commit minor crimes instead of arresting them. Leading the lobbying for the bill is Archbishop of Miami Thomas Wenski. Under current law, police officers can only issue civil citations to first-time misdemeanor offenders. SB 378 would let of?cers issue civil citations to young people who have already been in trouble. It would also enable officers to issue a warning or call a young person's parent or guardian. Judiciary COUNTY RETHINKING COURTHOUSE PLANS Pensacola News Journal 1 Article February 6, 2015 Santa Rosa County is going back to the drawing board with its plans to replace the county's approximately 87-year-old courthouse, reevaluating everything from the proposed location to the size and cost of a new judicial center. Voters rejected a proposed local option sales tax during the November general election to fund a new $50 million facility, and now the Santa Rosa County Board of County Commissioners is weighing its options and figuring out how to present the need again to voters on the 2016 ballot. Civil Justice Issues COURT RULES AGAINST ADOPTED WOMAN The Ledger 1 Article February 9, 2015 The 5th District Court of Appeal Friday [Feb. 6] ruled against a woman in a dispute about her biological father's estate in a case that involves an adoption more than five decades ago. The ruling, in a Volusia County case, stems from a relationship in 1960 between Teo?l E. Shablowski and a woman identified in the court document by the initials J.K.T. After becoming pregnant, J.K.T. never had contact again with Shablowski and had a daughter in Texas, who was adopted by a family without any notice given to Shablowski. The daughter, Lisa Chisholm, found Shablowski in 1997 and established a relationship before he died in 2010. Shablowski died without a spouse or other survi?nrs. Chisholm and a group of Shablowski?s distant cousins filed competing petitions to administer the estate and determine the heirs. A circuit judge ruled for Chisholm but the appeals court overturned that ruling, saying Texas law did not require a notice of adoption in 1961 and also pointed to current: Florida laws aimed at permanence in adoptions. Civil Justice Issues EXPLODING AIR BAG LAWSUITS HEADED TO FEDERAL COURT IN MIAMI Miami Herald Article February 6, 2015 Lawsuits filed around the country over allegedly defective auto air bags made by Takata Corp. are being consolidated before a Miami federal judge. A federal panel decided Thursday [Feb. 5] to combine the cases for pretrial rulings before U.S. District Judge Federico Moreno. More than 70 potential class-action lawsuits have been ?led claiming the air bags are defective because they can explode and cause injury or death with flying debns. Criminal Justice Issues CHARGED AS A MAN. CONVICTED AS A WOMAN: A CURIOUS CRIMINAL CASE IN MIAMI Miami Herald Article February 8, 2015 Nearly a decade ago, Harold Seymore was charged with sexually assaulting a female tourist on South Beach. Last week, Seymore was finally convicted of the crime, but as a woman. Born intersex, with functioning male and female reproductive organs, Seymore has slowly transitioned to a woman. On Friday [Feb. Seymore was sentenced to 15 years in prison plus 10 years of probation. Transgender defendants aren't all that unusual in South Florida, and Miami-Dede jails have special protocols for handling them. But Seymore?s case is rare, an intersex person who has gender transitioned over the decade it took to bring the case to trial. Legislature MARIJUANA THAT BENEFITS CANCER AND EPILEPSY PATIENTS STILL A LONG WAY OFF Miami Herald Article February 7, 2015 Debate continues over proposed regulations for Charlotte's Web, a strain of medical marijuana low in high-inducing THC but beneficial for patients with cancer or severe epilepsy. As nursery owners, government officials, a Colorado pot grower and others hammered out a pr0posed rule for growing the strain legalized by lawmakers last year, it's becoming clearer that the best-case scenario is that Charlotte's Web will be available in Florida in December. On Thursday [Feb. after months of planning and two full days of debating, the panel agreed to replace a lottery system, scrapped by a judge in November, with a scorecard to pick ?ve nurseries to grow, process and distribute types of pot authorized by the Legislature last year. The biggest hurdle ahead, now that the rule has been agreed to by the 12-member panel, is a 21-day public comment period when it can be contested, which most members said they expect. Other MITCHELL D. FRANKS Tallahassee Democrat Obituary 1 February 7, 2015 Mitchell D. Franks passed away on Feb. 5 in Lakeland. Franks graduated from Stetson University College of Law in 1966 and began his service in the US. Army Judge Advocate General's Corps. From 1980 to 1991, Franks worked with the Attorney Genera's of?ce in Tallahassee. Later, Franks was a partner in the law offices of Lane, Trohn in Lakeland and practiced law until 2015. From: AM To: 910MB Date: Monday, February 09, 2015 12:08:05 PM Attachment: WSW DATE FILED BEFORE THE STATE OF FLORIDA MR 0 5 2008 COMMISSION ON ETHICS COMMISSION ON ETHICS In re JOHN PEYTON, Complaint No. 07-049 Respondent. ORDER FINDING PROBABLE CAUSE Based on the preliminary investigation of this complaint and on the recommendation of the Commission's Advocate, the Commission on Ethics ?nds that there is probable cause to believe that the Respondent, as Mayor of the City of Jacksonville, violated Section Florida Statutes, by failing to report on a CB Form 9, Quarterly Gift Disclosure, gi?s of ??ee skybox tickets, parking, food and liquor consumed at skybox events valued at more than $100. However, because the Jacksonville City Code excludes things provided by the City from its de?nition of and because the City has now changed its policy so that gifts ?'om the City will need to be reported, the Commission will take no further action on the alleged violation of Section 112.3 148(8), Florida Statutes, unless the Respondent requests a public hearing. Pursuant to Section Florida Statutes, and Commission Rule 34-5006, F.A.C., the Respondent is given 14 days ?'om the date of this order to request in writing a public hearing on the basis of which it will be determined whether the Respondent has violated Section 1 Florida Statutes. If no request for a public hearing is received by the Commission or postmarked within 14 days of the date of this order, the Respondent will be deemed to have waived his right to a public hearing. Accordingly, this complaint is dismissed with the issuance of this public report, which shall include the investigative report of the matter, unless the Respondent requests a public hearing as set forth above. ORDERED by the State of Florida Commission on Ethics meeting in executive session 13W Qa?c?g 81 ALBERT P. MASSEY, Chair on Friday, February 29, 2008. cc: Mr. Mark Herron, Attorney for Respondent Mr. James H. Peterson, Commission?s Advocate Ms. Leslie A. Geller, Complainant From: To: Date: Monday, February 09, 2015 12:07:46 PM Atladlmentm Wm 0N ETHICS BEFORE THE DATE RECEIVED STATE OF FLORIDA JA 2 4 ms COMMISSION ON ETHICS In re: John Peyton Respondent. Complaint No. 07-049 RECOMMENDATION The undersigned Advocate, after reviewing the Complaint and Report of Investigation ?led in this matter, submits this Recommendation in accordance with Rule F.A.C. PARTIES Respondent, John Peyton, serves as the Mayor of Jacksonville. The Complainant is Leslie A. Goller of Jacksonville. JURISDICTION The Executive Director of the Commission on Ethics determined that the Complaint was legally suf?cient and ordered a preliminary investigation for a probable cause determination as to whether ReSpondent violated Section Florida Statutes. The Commission on Ethics has jurisdiction over this matter pursuant to Section 112.322, Florida Statutes. The Report of Investigation was released on January 11, 2008. ALLEGATION ONE Respondent is alleged to have violated Section Florida Statutes, by failing to report gifts he received in the form of skybox seating, free parking, and food and liquor consumed at the skybox events, valued at more than $100 on a CB Form 9, Quarterly Gi? Disclosure, as required by the Code of Ethics. APPLICABLE LAW Section Florida Statutes, provides as follows: Each reporting individual or procurement employee shall ?le a statement with the Commission on Ethics on the last day of each calendar quarter, for the previous calendar quarter, containing a list of gifts which he or she believes to be in excess of $100 in value, if any, accepted by him or her, for which compensation was not provided by the donee to the donor within 90 days of receipt of the gift to reduce the value to $100 or less, except the following: 1. Gifts from relatives. 2. Gifts prohibited by subsection (4) or s. 3. Gifts otherwise required to be disclosed by this section. Section Florida Statutes, as amended, provides in its relevant part: 'Gift,? for purposes of ethics in government and ?nancial disclosure required by law, means that which is accepted by a donee or by another on the donee?s behalf, or that which is paid or given to another for or on behalf of a donee, directly, indirectly, or in trust for the donee?s bene?t or by any other means, for which equal or greater consideration is not given within 90 days . . . ANALYSIS Respondent, as Mayor of the City of Jacksonville, is a ?reporting individual? within the meaning of Section 112.3148, Florida Statutes. S_e_e (mayor is a local of?cer required to ?le) and Fla. Stat. (de?nes reporting individuals). Preliminary evidence indicates and Respondent admits that in 2004 through 2006 he received numerous tickets, free of charge, ?om the City to events at the City- owned stadium and arena. The tickets included skybox seating in the stadium, box seating at the arena, free parking, free food and beverages at the events. (ROI 15, 22, 32- 37) Records indicate that Resmndent received a number of single tickets for stadium events in 2003 through 2005. Respondent also received three tickets for the Florida/Georgia college football game in 2004 and 2005 and the value of three tickets for each event was over $100. In addition, Respondent or his famin members received two or more tickets for a number of arena events from 2003 through 2006, and the value of two or more tickets for each of those events was over $100. (ROI 9-10, 16-20, 25, 27-28, 32-37) ReSpondent does not recall and records do not re?ect that he has every reported any of the tickets, parking, food or beverages he received as gifts on a CB Form 9, Quarterly Gift Disclosure form. (ROI 34, 40) Respondent suggests that the tickets and related privileges were not gifts because the stadium and arena are owned by the City and that he attended the events in the City- owned skybox (the ?Mayor?s box?) and the City-owned arena as part of his job as Mayor. (ROI 31-32, 34-35, 38) Indeed, there is precedent in a Commission on Ethics Opinion indicating that free tickets to a city-owned stadium suite are not gifts when the city of?cials receiving them ?act as of?cial hosts or representatives in accordance with the [c]ity?s written policy concerning ticket allocation.? CEO 01-19. Further, Section Florida Statutes, excludes from the de?nition of gift: Salary, bene?ts, services, fees, commissions, gifts, or expenses associated primarily with the donee?s employment, business, or service as an of?cer or director of a corporation or organization. In addition, Rule Florida Administrative Code, provides: Where the donee is being reimbursed or provided by his public agency for travel or expenses incurred in the performance of public duties, the donee has not received a gift when a public purpose for the expense exists. Salary, bene?ts, services, fees, or other expenses received by a public of?cer or employee from his or her agency do not constitute gifts. However, as observed by the Commission on Ethics in CEO 92-33 in determining that tickets given to City employees to a Broadway show in a City-owned theatre were gifts as opposed to bene?ts: The use of the term ?bene?ts? in Rule 34-13210 was intended to convey those bene?ts typically associated with one's employment, such as health insurance, sick leave, or paid parking. It was not intended to include such perquisites as a large number of tickets to theater performances. Thus, we are of the view that these tickets are not a bene?t of of?ce that would preclude them from being considered a gift. The facts and circumstances in this case are more similar to those addressed in CEO 92-23, which found that the tickets were gifts, than those in CEO 01-19, which found that the tickets were not gifts because the city officials acted as hosts. First, there is no indication that the City of Jacksonville had any written policy regarding ticket allocation or hosting duties. While Respondent suggests that he attended the events as part of his duties as Mayor, the evidence does not reasonably suggest that the guid pg gu_o type of analysis utilized in CEO 01-19 should be applied in this case. And, the tickets and privileges afforded Respondent under these facts do not otherwise appear to be the type of ?bene?t? anticipated by Section Florida Statutes, or Rule Florida Administrative Code. Therefore, it is my recommendation that the Commission ?nd probable cause to believe that the tickets and associated privileges Respondent received from the City were reportable gifts within the meaning of Section 112.3148, Florida Statutes. Notwithstanding my recommendation, Respondent?s Response to the Report of Investigation points out that Section of the Jacksonville City Code may have confused the issue by excluding from the de?nition of ?gift?: Salary, bene?ts, services, fees, commissions, gifts, or expenses associated primarily with the donee?s employment or business or provided to the donee by the City, to the extent that such gift is not inconsistent with the applicable provisions of RS. 112.3148. [Emphasis added] (ReSponse to ROI, p. l; Exh. A) In addition, the ReSponse to the Report of Investigation shows that the City of Jacksonville has changed its policy so that now gifts from the City to reporting City omcials need to be reported consistent with the position of the Commission on Ethics as expressed in prior advisory opinions. (Response to ROI, p. 2; Exh. B) These additional circumstances indicate that the public would not be served by further pursuit of this matter. Therefore, based upon the evidence before the Commission, I recommend that the Commission ?nd probable cause to believe that Respondent violated Section Florida Statutes, but that the Commission take no ?irther action. RECOMMENDATION It is my recommendation that, There is probable cause to believe that the Respondent violated Section Florida Statutes, by failing to report gifts he received in the form of skybox seating, free parking, and food and liquor consumed at the skybox events, valued at more than $100 on a CE Form 9, Quarterly Gi? Disclosure, as required by the Code of Ethics, but that the Commission take no ?irther action? "5 Respect?illy submitted this day of January, 2008. H. PETERSON, ITI Advocate for the Florida Commission on Ethics Florida Bar No.473 057 Of?ce of the Attorney General The Capitol, Tallahassee, Florida 32399-1050 (850) 414-3300, Ext. 4702 CEO 01-19 - October 23, 2001 Page 1 of 3 CEO 01?19 -- October 23, 2001 ACCEPTANCE AND DISCLOSURE CITY OFFICIALS HOSTING EVENTS AT CITY-OWNED STADIUM To: Mr. Mark/1. Winn, Chief Assistant City Attorney (St. Petersburg) SUMJHARY: Based upon the speci?c factual circumstances presented in this opinion, City of?cials who serve as "hosts" to groups using the City's stadium suite or tickets pursuant to the City's written policy have not received a "gift" pursuant to Section 112.3148, Florida Statutes. The de?nition of "gift" in Section ll2.312(12) only includes that "for which equal or greater consideration is not' given." Public of?cers and employees provide equal or greater consideration to their own agencies when acting in their of?cial capacities as agency representatives. QUESTION: Have reporting individuals who are City of?cers or employees received a "gift" for purposes of Section 112.3148, Florida Statutes, when they, on behalf of the City, host functions pursuant to the City's written policy at the City's baseball stadium? . Your question is answered in the negative based upon the speci?c factual situation presented. In your letter of inquiry, you relate that the City of St. Petersburg owns a baseball stadium which it leases to a baseball organization and, as consideration for that lease, the organization provides the City with a suite, tickets, and parking passes for each home game. You write that the City has formulated a written policy for allocating the use of its suite, tickets, and passes. The usage criteria include: to promote economic development; to recognize the contributions of City boards, commissions, committees, community service organizations, neighborhood associations, and youth groups; and to recognize and reward the contributions of City employees. On occasion when the tickets have been allocated under this policy, City of?cials serve as "hosts" to the City's invitees. You question whether City o?icials, who also are considered to be "reporting individuals" for purposes of Section 112.3148, Florida Statutes, have received a reportable gift when they act as "hosts" on those occasions? The de?nition of "gift" in Section 112.312(12) provides: Gift,' for purposes of ethics in government and ?nancial disclosure required by law, means that which is accepted by a donee or by another on the donee's behalf, or that which is paid or given to another for or on behalf of a donee, directly, indirectly, or in trust for the donee's bene?t or by any other means, for which equal or greater consideration is not given, including: 10. Entrance fees, admission fees, or tickets to events, performances, or facilities. 'Gift' does not include: 1. Salary, bene?ts, services, fees, commissions, gi?s, or expenses associated primarily with the donee's employment, business, or service as CEO 01-19 October 23, 2001 Page 2 of3 an of?cer or director of a corporation or organization. 6. The use of a public facility or public property, made available by a governmental agency, for a public purpose. In CEO 91-46, local of?cials were unsure whether the travel expenses they received from their own agencies were considered reportable gifts where the reimbursement exceeded $100. However, We applied the concept of QHid pro quo which is imbedded in the statutory de?nition of "gift" to conclude that when a public of?cer travels in connection with the performance of his or her public duties, or there is otherwise a prbper public purpose for the travel, consideration ?ows to the public agency. The quid pro quo for the public of?cer's travel is his agency's reimbursement of him for the travel. Ultimately, this view was promulgated in Rule Florida Administrative Code, which provides: - Where the donee is being reimbursed or provided by his public agency for travel or expenses incurred in the performance of public duties, the donee has not received a gift when a public purpose for- the expense exists. Salary, bene?ts, services, fees, or other expenses received by a public o??icer or employee ??orn his or her public agency do not constitute gifts. A very different situation existed in CEO 22-33, where city commissioners received 20 tickets each to touring Broadway shows staged at the city?owned auditorium, as well as numerous tickets to other events and performances, and were permitted to use or give them away at their discretion. There, we could not accept the view that the tickets were a bene?t associated with the commissioners? public of?ces. Thus, we concluded that the tickets were a reportable gift to the extent that their combined value exceeded $100. In the series of ethics complaints referenced in your letter of inquirym, we dismissed as legally insuf?cient allegations that City of Sunrise of?cials had received reportable when they, in their public capacity, hosted functions in the City's suite at the local arena. The circumstances alleged in those complaints were remarkably similar to those present here, where the city's suite was being used to promote economic development or other public purpose objectives and city of?cials were present serving as of?cial representa?ves of the city. The su?iciency analysis, which we approved, applied the rationale of CEO 91-46 and concluded that the city o?icials had provided equal or greater consideration for their presence in the suite when they were there on behalf of the city. We ?rrther note that in the materials accompanying your Opinion request, the City Auditor has advised that where the City's tickets or passes are used by City of?cials for o?icial business, they are not considered to be a ?inge bene?t subject to personal income tax. His guidance implies that uses of the suite or tickets not documented to be for business are considered to be personal for tax purposes. We believe that this tax analysis tends to buttress our view that the exclusion in Section Florida Statutes, is not applicable where the recipient is a public of?cer or employee of the same agency providing the passes or tickets, since an agency's own of?cials provide equal or greater consideration to it through their service or employment. . Accordingly, under the circumstances presented, we ?nd that City of?cials have not reoeived a "gift" when they act as of?cial hosts or representatives in accordance with the City's written policy 1 CEO 01-19 October 23, 2001 Page 3 of 3 concerning ticket allocation. ORDERED by the State of Florida Commission on Ethics meeting in public session on October 18, 2001 and RENDERED this 23rd day of October, 2001. Ronald S. Spencer, Jr. Chair No. 00?03 1, In re HARLEM mwm, Complaint No. 00-032, In re ROGER WISHNER, and Complaint No. 00-033, In re JOSEPH all of which were dismissed as legally insuf?cient in lune, 2000. CEO 92?33 July 17, 1992 Page 1 of 4 cat) 92-33 -- July 17, 1992 CITY COMJWISSIONERS RECEIVING TICKETS T0 EVENTS AT CITY -0WNED AUDITORIUM o: (Mime withheld at thepersonis request.) SUIVIMARY: City commissioners have received a gift, not a bene?t of of?ce, when the city gives them a block of tickets to performances at a municipally-owned theater, which tickets the city receives as a condition of its lease agreement with the producers. However, there is no indication that the tickets are indirect gifts ?our a lobbyist or from a partner, ?rm, employer, or principal of a lobbyist who lobbies the city commission, and there is no indication that the city contract manager is a lobbyist who lobbies the city conunission for purposes of Section 112.3148, Florida Statutes. Thus, the members of the city commission may accept the sets of tickets, but where the combined face value of a set of tickets exceeds $100, the commissioners must disclose them quarterly on CE Form 9. CEO 92?12 is referenced. QUESTION: Where a city, by contract, receives tickets to events at the city?owned theater, and where the tickets are divided among the members of the city commission for either their personal use or to distribute to others at their discretion, have the members of the city commission received gifts which are subject to the gift acceptance and disclosure provisions of Section 112.3148, Florida Statutes? Your question is answered in the af?rmative. In your initial letter of inquiry and through subsequent correSpondence and discussions with our staff, we are advised that the City of Marni Beach owns and operates a performing arts theater where Broadway shows, ballets, and concerts are o??ered to the public. You advise that the City has entered into two different contracts involving performances at the theater. For non?Broadway shows, the City has a contract with a management company which Speci?es that the City will be provided 26 tickets per .performance for every event staged at the theater. For Broadway shows, the City contracts directly with a producer, and that contract requires the producer to give the City 20 tickets for the opening night performance and 10 tickets for each performance during the remainder of the show's run. Thus, for a typical Broadway show, the producer gives the City a total of 170 tickets, and each Commissioner receives 20 tickets. The distribution of tickets is effected in the following manner. Prior to any show or event, the City Contract Administrator places each Commissioner's allotment of tickets in an enve10pe, and the envelopes are distributed to the Commissioners by personnel in the Mayor?s Of?ce. Commissioners are then free to use or distIibute the tickets to others at their discretion. You question the applicability of the gift provisions contained in Section 112.3148, Florida Statutes, as well as the Commission?s rules promulgated in Chapter 34?13, Florida Administrative Code, to this situation. Section 112.3 12(12), Florida Statutes, contains the following de?nition of the term "gift": 'Gitt,? for purposes of ethics in government and ?nancial disclosure CEO 92-33 -- July 17, 1992 page 2 of4 required by law, means that which is accepted by a donee or by another on the donee's behalf, or that which is paid or given to another for or on behalf of a donee, directly, indirectly, or in trust for his bene?t or by any other means, for which equal or greater consideration is not giVen, including: 10. Entrance fees, admission fees, or tickets to events, performances, or facilities. 14. Any other similar service or thing having an attributable value not already provided for in this section. 'Gift' does not include: 1. Salary, bene?ts, services, fees, commissions, or expenses associated with the recipient's employment. We are of the view that the tickets provided to the City as a condition of the contracts the City enters into with its management company and producers would not be considered "gifts" to the City, as it appears that they are a part of the consideration the City receives for leasing its auditorium. Even if we did consider the tickets to be gifts to the City, Section 112.3148, Florida Statutes, does not prohibit the giving of gifts to governmental entities. See CEO 92-12. With regard to the complimentary tickets that the City receives and then distributes to its Commissioners, Rule Florida Administrative Code, provides: Where the donee is being reimbursed or provided by his public agency for travel or expenses incurred in the performance of public duties, the donee has not received a gift when a public purpose for the expense exists. Salary, bene?ts, services, fees, or other expenses received by a public of?cer or employee from his or her public agency do not constitute It is our view that these tickets would not be considered "bene?ts" associated with the City Commissioners' public of?ce. Twenty tickets to a Broadway show was not the type of bene?t we had in mind when we promulgated thisrule. The use of the term "bene? in Rule 34-13210 was intended to convey those bene?ts typically associated with one's employment, such as health insurance, sick leave, or paid parking. It was not intended to include such perquisites as a large number of tickets to theater performances. Thus, we are of the View that these tickets are not a bene?t of o?ice that would preclude them from being considered a gift. The focus of our discussion then turns to Section 112.3148, Florida Statutes, which provides in relevant part: lobbyist means any natural person who, for compensation, seeks, or sought during the preceding 12 months, to in?uence the governmental decisionmaking of a reporting individual or procurement employee or his agency or seeks, or sought during the preceding 12 months, to encourage the passage, defeat, or modi?cation of any proposal or recommendation by the reporting individual or procurement employee or his agency. With respect to an agency that has established, by rule, ordinance, or law, a registration or other designation process for persons seeking to in?uence decisionmaking. or to encourage the passage, ,defeat', or modi?cation of any proposal or recommendation by such agency or an employee or of?cial of the agency, the term "lobbyist" includes only a person who is required to be registered or otherwise designated as a lobbyist in accordance with such rule, ordinance, or law or who was CEO 92?33 -- July 17, 1992 Page 3 of 4 during the preceding 12 months required to be registered or otherwise designated as a lobbyist in accordance with such rule, ordinance, or law. (4) A reporting individual or procurement employee or any other person on his behalf is prohibited ?om knowingly accepting, directly or indirectly, a gift from a political committee or committee of continuous existence, as de?ned in s. 106.01], or ?'om a lobbyist who lobbies the reporting individual's or procurement employee's agency, or directly or indirectly on behalf of the partner, ?rm, employer, or principal of a lobbyist, if he knows or reasonably believes that the gift has a value in excess of $100; however, such a giit may be accepted by such person on behalf of a governmental entity or a charitable organization. If the gift is accepted on behalf of a governmental entity or charitable organization, the person receiving the gift shall not maintain custody of the gift for any period of time beyond that reasonably necessary to arrange for the transfer of custody and ownership of the gift. (5) A political committee or a committee of continuous existence, as de?ned in s. 106.011; a lobbyist who lobbies a reporting individual's or procurement employee's agency; the partner, ?rm, employer, or principal of a lobbyist; or another on behalf of the lobbyist or partner, ?rm, principal, or employer of the lobbyist is prohibited from giving, either directly or indirectly, a gift that has a value in excess of $100 to the reporting individual or procurement employee or any other person on his behalf; however, such person may give a gilt having a value in excess of $100 to a reporting individual or procurement employee if the gift is intended to be transferred to a governmental entity or a charitable organization. Notwithstanding the provisions of subsection (5), an entity of the legislative or judicial branch, a department or commission of the executive branch, a county, a municipality, an airport authority, or a school board may give, either directly or indirectly, a gift having a value in excess of $100 to any reporting individual or procurement employee if a public purpose can be shown for the gift; . . . . Notwithstanding the provisions of subsection (4), a reporting individual or procurement employee may accept a gift having a value in excess of $100 ?'om an entity of the legislative or judicial branch, a department or commission of the executive branch, a county, a municipality, an airport authority, or a school board if a public purpose can be shown for the gift; . . . . Subsection 112.3148(4) would prohibit a City Commissioner ?om accepting a gift with a value in excess of $100 from a lobbyist who lobbies the City, or ?om the partner, ?rm, employer, or principal of a lobbyist. While we recognize that public employees can and do attempt to in?uence-the of?cial actions of the of?cers of their public agency, we do not believe that the de?nition of "lobbyist" was intended to encompass such persons or that their duties with respect to their own agencies constitute "lobbying." Nor is there any indication that the City Contract Manager in this instanoe is acting on behalf of a partner, ?rm, employer, of principal of a lobbyist who lobbies the City. Accordingly, it is our View that Section Florida Statutes, is inapplicable to this scenario. Subsection 112.3148(5) prohibits a lobbyist who lobbies the City of Miami Beach, or the partner, ?rm, employer, or principal of a lobbyist, from directly or indirectly giving a gift with a value in excess of $100 to members of the City Commission. For the reasons stated in the foregoing paragraph, we do CEO 92-33 .1111)! 17, 1992 Page 4 of4 not consider the City Contract Manager as a lobbyist who lobbies the City Commission, or as the partner, ?rm, employer, or principal of a lobbyist. Thus, Subsection is also inapplicable to our analysis. With regard to Subsection Florida Statutes, we construe this provision as an exception to the prohibitions contained in Subsections 112.3148(4) and 11231486), Florida Statutes, for governmental entities who are engaged in lobbying activities. For example, were the City to employ a lobbyist to lobby the Legislature for additional ?mding for the arts and where the City gave each member of the Legislature theater tickets worth more than $100, then Section 112314805), Florida Statutes, would be applicable and a public purpose would have to exist both for the City to be able to give the tickets to the members of the Legislature, and for the legislators to be able to accept the tickets. We do not view the situation before us to be one of this type, and we therefore ?nd Section ?2.3148(6) to be inapplicable. As neither Subsections (5), nor (6) appear to prohibit the members of the City Commission from accepting the tickets the City receives pursuant to its various contracts, we are of the View that the City Commissioners may accept the tickets but must disclose them in accordance with Subsection Florida Statutes. Thus, where the face value of each set of tickets a Commissioner receives exceeds $100, the Commissioner must disclose the sets of tickets quarterly on CE Form 9, which we have promulgated speci?cally for this purpose. Your inquiry is answered accordingly. From: AM TO: Date: Monday, February 09, 2015 12:07:27 PM Attachments: REPORT OF INVESTIGATION Complaint Number 07-049 CONCERNING CONFIDENTIALITY This report of investigation concerns an alleged violation of Chapter 112, Part Ill, Florida Statutes. or other breach of public trust under provisions of Article Ii, Section 8, Florida Constitution. The Report and any exhibits may be confidential (exempt from the public records law) pursuant to Section 112.324, Florida Statutes, and Chapter 34?5, F.A.C., the rules of the Commission on Ethics. Unless the Respondent has waived the confidentiality in writing. this report will remain confidential until one of the following occurs: (1) the complaint is dismissed by the Commission: (2) the Commission finds sufficient evidence to order a public hearing: or (3) the Commission orders a public report as a final disposition of the matter. STATE OF FLORIDA COMMISSION ON ETHICS Post Office Drawer 15709 Tallahassee, Florida 32317-5709 REPORT OF INVESTIGATION TITLE: COMPLAINT 110.: INVESTIGATED BY: Distribution: Releasing Authority: JOHN PEYTON Mayor Jacksonville, Florida 07-049 Lag/55 onald D. Main Commission on Ethics Respondent Advocate File Executiv? Direct? QM ?5 we! Dat?/ llt? REPORT OF INVESTIGATION COMPLAINT NO. 07-049 (1) The Complaint in this matter was ?led by Leslie A. Goller who alleges that John Peyton, while serving as the Mayor of Jacksonville, violated the Code of Ethics for Public Of?cers and Employees. (2) The Complainant alleges that the City of Jacksonville provided the Respondent with football tickets to its skybox at Alltel Stadium (Stadium), as well as tickets to the City?s skybox for events at the Veterans Memorial Arena (Arena). The Complainant further alleges that the Respondent?s wife also received tickets to these venues and that food and beverages were consumed in the skyboxes at no cost to the Respondent. According to the Complainant, Mayor Peyton failed to timely report the receipt of each gift that had a value in excess of $100 on a Quarterly Gift Disclosure form, CE Form 9. (3) The Executive Director of the Commission on Ethics noted that, based upon the information provided in the complaint, the allegation was sufficient to warrant a preliminary investigation to determine if the Respondent's actions violated Section Florida Statutes (Reporting and Prohibited Receipt of Gifts by Individual Filing Full or Limited Public Disclosure of Financial Interests and by Procurement Employees). (2) Ms. Karen M. Chastain, the City of Jacksonville Deputy General Counsel for the Government Operations and Commercial Law Department, Mr. Steve Rohan, the City of Jacksonville Managing Deputy General Counsel, and Mr. Bob Downey, the Jacksonville General Manager of SMG, a private management company for public facilities, were interviewed to better understand the City of Jacksonville?s relationship with the Alltel Stadium (Stadium) and the Veterans Memorial Arena (Arena). NOTE: Alltel?s 10-year contract with the City of Jacksonville was not renewed after the 2006 football season. At the time of the writing of this report the football stadium was temporarily named the Jacksonville Municipal Stadium, and is referred to as the Stadium throughout this Report of Investigation. (3) Ms. Chastain reported that the City of Jacksonville owns the Stadium and the Arena. She stated that, pursuant to a contract, which was approved by the City Council in 2002, the City hired SMG as the general manager for most of the City?s public assembly facilities, including the three aforementioned facilities. Ms. Chastain added that the City leases the Stadium to the Jacksonville Jaguars (Jaguars), the National Football League?s Jacksonville franchise. (4) Mr. Downey stated that SMG is a national company that is hired to manage and operate public assembly facilities, including those in the City of Jacksonville. The company?s duties, he continued, include, but are not limited to, maintenance, lights, the air conditioning, and game day preparations. Repairs and general upkeep of the facility is the responsibility of the City through SMG, he added. (5) Concerning the Stadium, Mr. Downey stated that the Jaguars are the Stadium?s prime tenant. He explained that the City leases the Stadium to two organizations, the Jaguars and the Gator Bowl Association. The leases to these organizations, he continued, are for 365 days a year. He said that the Jaguars have of?ces, training facilities, and eating and dining areas that they control throughout the year and that the Gator Bowl Association only leases a small amount of office space in the Stadium. Mr. Downey further explained that the contract the City has with the Jaguars expands on ?game days? allowing the organization larger use of the Stadium. Ms. Chastain noted that the Jaguars control the leasing of the private suites (skyboxes) that are located in the Stadium, with the exception of the suite that belongs to the City of Jacksonville. (6) Mr. Rohan explained that the City owns the building (Stadium) and one of the rooms in the building, as is written as a condition in the lease between the two entities. Mr. Rohan provided a copy of the pertinent section of the lease between the City of Jacksonville and Touchdown Jacksonville, LTD. (TDJ), which addresses the leasing of the private suites in the Stadium. The following is written on pages 21 and 22 of the aforementioned lease in the section titled ?Suites,? The Suites located in the Stadium shall be available to TDJ at all times during the term of this Lease for, among other things, the viewing of NFL games and other non-NFL games, sporting and entertainment and other events held in the Stadium (including, speci?cally, the Gator Bowl Classic and the lorida-Georgia football game). The City acknowledges and agrees that TDJ will have the exclusive right during the term of the Lease to sublease any or all the Suites to other people, groups, and entities for the viewing of sporting, entertainment, and other events held in the Stadium. . . . . . Anything to the contrary notwithstanding, TDJ agrees that one (1) Suite shall be available without cost to the City for use by the City for all Stadium events and four (4) additional Suites shall be available without cost to the City for the use on their respective game day only by representatives of the Universities of Florida and Georgia for the Florida-Georgia football game and the Universities or Colleges that play in the Gator Bowl Classic, and (2) any other universities or colleges that have athletic events in the Stadium. All persons using or occupying the City?s Suites shall be required to purchase tickets for the games or events held in the Stadium. TDJ shall make available for purchase twenty-four (24) admission tickets for each suite for NFL events, the proceeds of which shall be retained by TDJ. The City and its lessees shall make available to TDJ for purchase twenty-four (24) admission tickets for each Suite for every non-NFL event in the Stadium, the proceeds of which shall be retained by the City or its Lessees other than TDJ. Such tickets shall not be priced at an amount in excess of the average price for non-club seal admission tickets to such event. (7) Mr. Rohan related that the Stadium suite that was assigned to the City was split in two, thus creating two suites, one designated as the ?Mayor?s box? and the other designated as the ?Council?s box.? Each of these suites, he continued, can accommodate 24 guests. Mr. Rohan explained that although the City owns the Stadium and the ?boxes? in question, a guest to these private suites cannot gain entry to the suite unless the guest has a ticket to the football game. (8) According to Mr. Downey, the cost of the tickets for all the private suites is determined by the Jaguars? organization through a mathematical formula that calculates the mean price of all the tickets sold in the Stadium and then applies the outcome as the private suite ticket cost. (9) As an example of the City?s expenditures concerning football games at the Stadium, Mr. Rohan provided a list that illustrated the City?s 2006 expenses for these events. He reiterated that although there is no leasing cost to the City to occupy the suite in question, he referred to the provided list which re?ected that in 2006 the City paid $34,612.80 for 48 tickets ($72.11 per ticket) for a total of ten Jaguar games. Mr. Rohan also provided a copy of a 2006 Jaguars? ?Luxury Suite? game ticket, which re?ected a $72.11 value on the face of the ticket. The 2006 expenditure list also re?ects that the City paid $2,556.00 for 48 tickets ($53.25 per ticket) to the Gator Bowl football game; $3,408.00 for 48 tickets ($71.00 per ticket) to the Atlantic Coast Conference (ACC) football championship game; and $1,536.00 for 48 tickets ($32.00 per ticket) to the lorida/Georgia football game. (10) Mr. Paul Vance, Senior Vice President of Operations and General Counsel for the Jaguars? organization advised that the face value printed on the Jaguar private suite tickets that were sold to the City in 2003 was $61.80; 2004 the value was 61.87; 2005 the value was $71.05; 2006 the value was 1; and in 2007 the value was $76.98. (1 1) Mr. Downey stated that the boxes that the City occupies are located in the far northern west end of the Stadium. He opined that this location is the least desirable location of all the private suites in the Stadium and are located on or about the goal line, as it relates to the football ?eld. (12) According to Mr. Rohan, Mayor John Peyton, and former Council Presidents Michael Corrigan and Elaine Brown, at the beginning of each football season tickets for every Jaguar football game in the upcoming season, for both the ?Mayor?s box? and the ?Council?s box,? are delivered to the Mayor?s Of?ce from the Jaguars? organization. Given that the City Council has 19 members, the tickets that are assigned to the City Council are distributed in a manner that allows each Council member two tickets to ?ve of the ten football games, they said. Council members Corrigan and Brown stated that at the beginning of each season the football tickets for the ?Council box? arrive on their desks, in a large envelope, ?'om the Mayor?s Office and that it is the job of the Council President to distribute them to the other Council members. The Council President, they added, is assigned two tickets for every game and is expected to attend each game and act as the ?host or hostess? of the ?Council?s box.? (13) Mayor Peyton stated that the ?Mayor?s box? is used for the recognition of stellar employees, outstanding community service, for the recognition of philanthropic organizations or individuals, and for the City?s economic development. (14) Concerning the food service in the private suites at the Stadium, according to Mr. Downey, as of January 2006 the Jaguars have control of the food service and the concessions on a yearly basis. Prior to 2006, he noted, the City had controlled the food service and concessions for all other events that were not related to Jaguar football games. Currently, he continued, through a contract with the Jaguars, a catering company named ?Ovations? services the concessions throughout the Stadium and ?Levy Restaurants" provides the catering for the private suites and other areas throughout the Stadium. (15) Concerning the availability of food, drink, and alcoholic beverages within the suites in question, Mr. Rohan con?rmed that these items are made available to public of?cials and the guests of the suites and that the attendees do not pay for the items consumed. He stated that the Mayor?s Office disburses the funds that pay for the aforementioned items, paying the bills for both the ?Mayor?s box? and the ?Council box.? Calculating how much the City spends on food, drink, and alcoholic beverages each game, Mr. Rohan provided copies of invoices that were received by the City ?'om the catering companies that were contracted to supply the private suites with re?eshments. Although the National Football League?s regular season starts in September and ends in December, the invoices were categorized from October through September of each year. The refreshment invoices were for that were served not only at Jaguars? games, but at other events that occurred at the Stadium as well. Each invoice displayed the date of the event, the event, and the suite number the order on the invoice was delivered to. Through Mr.? Rohan it was learned that ?Suite: is the ?Mayor?s box? and that ?Suite: is the ?Council?s box.? (1 6) The invoices re?ect that for three Jaguars? games from August 15, 2003 through September 27, 2003, for Suite W-29, the City was billed $712.69 ($9.89 per person per game) for food and beverages, and $116.40 ($1.61 per person per game) for a service charge. For Suite W-30 the City was billed $641.21 ($8.90 per person per game) for food and beverages and $97.12 ($1.34 per person per game) for service charges. (The service fee that is billed to the City is based on a percentage of the total food and beverage cost.) (1 7) For ten Jaguars? games in ?scal year 2003 through 2004, for Suite W-29, the City was billed $1,927.53 ($8.03 per person per game) for food and beverages, and $319.70 ($1.33 per person per game) for service charges. For Suite W-30 the City was billed $1,732.52 ($7.21 per person per game) for food and beverages, and $268.15 ($1.11 per person per game) for service charges. Also, in that year for the lorida/Georgia football game, for Suite W-29 the City was billed $138.51 ($5.77 per person) for food and beverages, and $319.70 ($1.33 per person) for service charges. For Suite W-30 the City was billed $181.08 ($7.50 per person) for food and beverages, and $26.81 ($1.11 per person) in service charges. (18) For ten Jaguars? games in ?scal year 2004 through 2005, for Suite W-29, the City was billed $2,292.48 ($9.55 per person per game) for food and beverages, and $574.38 ($2.39 per person per game) for service charges. For Suite W-30, the City was billed $2,391.90 ($9.96 per person per game) for food and beverages, and $556.44 ($2.31 per person per game) for service charges. Also, the National Football League?s annual Super Bowl game was held in Jacksonville during this ?scal year and the only invoice that was forwarded for that event re?ected that for Suite W-30, the city was billed $865.50 ($36.06 per person) for the event. For the Florida/Georgia football game that was played during this ?scal year, the invoices were not coded in the same manner, making it difficult to decipher the costs to the Suites in question. (1 9) For ten Jaguar?s games in ?scal year 2005 through 2006, for Suite W-29, the City was billed $3,309.85 ($13.79 per person per game) for food and beverages, and $1,582.62 ($6.65 per person per game) for service charges. For Suite W-30 the City was billed $3,461.19 ($14.42 per person per game) for food and beverages, and $1,635.54 ($6.80 per person per game) for service charges. For the Florida/Georgia football game, for Suite the City was billed $179.25 ($7.46 per person) for food and beverages, and $136.23 ($6.80 per person) for service charges. (20) For ten Jaguars? games in ?scal year 2006 through 2007, for Suite the City was billed $2,704.78 1.26 per person per game) for food and beverages, and $1,026.69 ($4.27 per person per game) in service charges. For Suite W-30, the City was billed $2,541.51 ($10.58 per person per game) for food and beverages, and $952.08 ($3.96 per person per game) for service charges. For the lorida/Georgia football game that was played during this ?scal year, the invoices were not coded in the same manner, making it difficult to decipher the costs to the Suites in question. For the Atlantic Coast Conference football title game, for Suite W-29, the City was billed $324.91 ($13.53 per person) for food and beverages, and $127.09 ($5.29 per person) for service charges. For Suite W-30, the City was billed $411.91 ($17.16 per person) for food and beverages, and $131.27 ($5.46 per person) for service charges. (21) As is re?ected by the invoices, there were two different food service companies serving the private suites since 2003, ?Centerplate? and, currently, ?Levy Restaurants.? The invoices also re?ect that the City received a discount for the food and drink items that were served in the suites. Ms. Donna Kruickshank of Centerplate advised that pursuant to a contract between the City and the Jaguars, the City was billed for the items that were served in their suites ?at cost," with the ?nal bill for each event including a service fee. Although the invoices that were submitted to the City from Levy Restaurants re?ect the same arrangement, representatives from the company would not return telephone calls to conf'nm this. (22) According to Mr. Downey, parking at the Stadium is free to the Mayor and City Commissioners. He explained that the Jaguars, on game days, pursuant to their contract, have the rights to sell parking. Mr. Downey added that the City is required to provide 6400 parking Spaces for the Jaguars to sell to the public and that the Spaces must be located within one-half mile of the Stadium. He added that the Jaguars receive all parking revenues minus a $2 per space fee. He stated that the $2 fee is remitted back to the City. The areas in which the Commissioners are instructed to park when they attend a game, Mr. Downey advised, are areas that are City owned and are not being utilized as public parking for the event, areas such as the loading deck area of the adjacent Arena or the baseball park. (23) As previously reported, the City of Jacksonville owns the Arena and SMG manages the building for the City. According to Mr. Downey, SMG leases the private suites in the Arena for the City, and charges differing amounts for the suites depending upon the suites? location within the Arena. He noted that prior to 2003 the Arena was called the Coliseum and did not have private suites, but after it was remodeled it was re-Opened in 2003 with the private suites. The operational procedures for the Arena are different than the Stadium, Mr. Downey continued, explaining that the Arena has no primary tenant, such as a basketball or hockey team, and the price of the tickets to an event at the Arena is included in the price to lease a suite. He advised that there are 36 suites available in the Arena with each suite containing 16 seats, adding that approximately 26 suites currently are leased. Mr. Downey stated that pursuant to the City?s request, it occupies the least desirable suite in the Arena and that if SMG were to lease that particular suite it would cost approximately $50,000 per year to the lessee. Mr. Downey noted that there are approximately 100 eVents a year at the Arena, adding that the City is pro?ting from the Operation of the Arena. (24) Mr. Downey advised that when the old Coliseum was in operation, the City was given 24 tickets per event. Since the opening of the new Arena, he said, the City still gets 24 tickets, but 16 of the tickets are for the suite and eight tickets are for seating in the bowl area of the Arena. According to Mr. Downey, there is no cost to the City associated with the tickets that are provided to the City for events at the Arena. He explained that because of a contract that SMG has with each of the promoters of events at the Arena, SMG receives an allotted number of free tickets per event and provides the City with its 24 tickets. However, Mr. Downey advised, there occasionally are events held at the Arena for which the promoter will not provide extra free tickets. In this instance, he continued, a telephone call is made to the Mayor?s staff member who manages the City?s tickets for the Arena events and that person is advised that there are no tickets available. He said this happens for approximately 25 percent of the events held at the Arena. (25) Mr. Rohan forwarded information which re?ects that if the City were to pay for the tickets that are provided to them for each event at the Arena, the average value of a ticket in the City?s suite would be $65 or $70. Mr. Rohan also stated that the Arena tickets for the City?s suite do not have a value listed on the face of the ticket. (26) Concerning the refreshments served in the Arena suite, Mr. Downey stated that the City contracts directly with the caterer, Levy Restaurants, at a reduced price. (27) Mr. Rohan provided copies of invoices from Levy Restaurants to the City of Jacksonville for the refreshments that were ordered and consumed in the City?s suite at the Arena since 2003. The records re?ect that for 52 events during the ?scal year 2003 2004, the City was billed 14.36 ($79.12 per event and $4.94 per person); for 38 events during the ?scal year 2004 2005, the City was billed $1,573.01 ($41.39 per event and $2.58 per person); for 36 events in ?scal year 2005 2006 the City was billed $2,555.36 ($70.98 per event and $4.43 per person); and for 37 events in ?scal year 2006 2007, the City was billed $1,787.60 ($48.31 per event and $2.54 per person). It could not be determined what guest consumed what item of food or beverage in the City?s suite for each of the aforementioned events. (28) Addressing parking costs for those attending events in the City?s suite at the Arena, Mr. Downey stated that each suite at the Arena is given four parking passes, which are included in the cost of the lease for the suite. Accordingly, the City receives four parking passes with the tickets that are sent to them for each event at the Arena. The remaining guests in the Suites who do not receive one of the four parking passes pay for their parking, related Mr. Downey. Mr. Rohan provided information that re?ected that each pass is valued at $10. (29) Mayor Peyton was interviewed in the presence of his attomey, Mark Herron. He advised that he was elected as Mayor of Jacksonville in April 2003, officially taking of?ce in July 2003. He added that he was subsequently re-elected in 2007. (30) Concerning the suites owned by the City at the Stadium and the Arena, Mayor Peyton related that tickets to events held at these venues are used to recognize stellar City employees, outstanding community service philanthropic organizations or individuals, and for the economic development of the City. He added that the City tries to maintain the ?Mayor?s box? as something special for either business recruitment or recognition. (31) Concerning his attendance at the events that take place at either the Stadium or the Arena, he said, really view it as a part of my job, to be a part of that experience. If someone comes to the ?Mayor's box,? either for employee recognition or for economic recruitment, you know it?s part of the experience as . . . . being with the Mayor. Usually if I go it?s usually pretty brief. It?s not something I enjoy typically. . . . I prefer to watch the game either not socializing or at home, and I just, Speaking candidly, the box to me is like a four hour cocktail reception and that is one of my least favorite things to do.? (32) Concerning his presence at a game at the Stadium, the RCSpondent explained that because the facility is owned by the City of Jacksonville, he thinks that it is important and valuable to the City for him to be present at the events. He stated that he usually attends the games by himself, and as the facility?s owner, he walks the entire Stadium with a police escort to observe what is working and what is not working. He commented that the assumption is that he attends every game, but he contends that he does not. Mayor Peyton stated that when he does attend a game, he usually leaves before the end of the game?s ?rst half. If he does not attend a game, he noted, someone from his senior staff is present to represent him and the City. (33) Although at least one ticket is available to the Respondent for every home Jaguars' football game, City records re?ect that he attended four games in 2003 and one game in 2004. Records further re?ect that in 2004 and 2005 the Respondent, along with his wife and mother, attended a Florida/Georgia football game in the Stadium and in 2005 he attended the Atlantic Coast Conference football championship game. (34) Mayor Peyton said that he is not aware of anytime that he has reported the tickets, food, and parking as a gift on a CE Form 9. He related that when he took office he relied on precedent set by the former Mayor. He explained that he has not reported the aforementioned items as gifts because he considers his time at the games work related and he opined it is a gross exaggeration to call it a bene?t. Since being elected as Mayor in 2003, the Respondent does not Specifically remember which Jaguar football games or any other football games that he has attended and which games he did not attend. (35) Mayor Peyton stated that the use of the suite at the Arena by the City is identical to that at the Stadium. It is used, the Respondent continued, for employee recognition, as an economic development tool, and to recognize community organizations such as Big Brother or the Police Athletic League. Mayor Peyton stated that when he attends events at the Arena, it is for a very brief period of time for public relations and he considers it part of his duties as Mayor. He also stated that tickets are given to non-pro?t organizations that his wife or his father may be af?liated with either through him or directly to them from his staff. (36) City records re?ect the Mayor or his family members receiving tickets to the following events: 2003-Elton John Concert, 2 tickets Matchbox 20 Concert, Peyton (Re5pondent?s wife), 1 ticket March 25, 2004, Britney Spears, Peyton, 12 tickets May 25, 2004, Fleetwood Mac, Mayor Peyton, 5 tickets June 16, 2004, Eric Clapton, Mayor Peyton, 4 tickets July 17, 2004, Shania Twain, Mayor Peyton, 2 tickets October 21, 2004, Toby Keith, Peyton, 4 tickets February 13, 2005, Duran Duran, Peyton, 8 tickets March 6, 2005, Eagles Concert, Mayor Peyton, 4 tickets Herb Peyton (ReSpondent?s father), 4 Tickets April 20, 2005, Motley Crew Concert, Peyton, 4 tickets October 24, 2005, Neil Diamond, Mayor Peyton, 4 tickets January 10, 2006, Billy Joel Concert, Mayor Peyton, 4 tickets January 2006, Circus, Peyton, 6 tickets February 21, 2006, Keith Urban Concert, Peyton, 2 tickets April 22, 2006, Disney on Ice, Peyton, 2 tickets May 28, 2006, Tim McGraw/Faith Hill Concert, Mayor Peyton, 2 tickets May 29, 2006, Tim McGraw/Faith Hill Concert, Respondent?s mother, 4 tickets October 21, 2006, Eric Clapton, Mayor Peyton, 8 tickets (37) The only events at the Arena the Respondent recalled attending was the Elton John Concert in 2003 and the Circus in 2006. He explained that he and his wife attended the concert because the facility, formerly known as the Coliseum, had been recently renovated and the concert was the opening night of the new venue and the ?rst event held in the ?new Arena." He ?rrther explained that the City invited special guests to attend the concert in the City?s suite and he maintained that it was part of his duties as the Mayor to attend. Mayor Peyton recalled that he brought his family to the Circus in January 2006. (38) Concerning the Fleetwood Mac, the two Eric Clapton, Shania Twain, Eagles, Neil Diamond, Billy Joel, and the Tim McGraw/ Faith Hill concerts, the Respondent contends that although it is recorded that he received these tickets, he did not attend or does not recall attending those events. He explained that the tickets were possibly given to community organizations or to disadvantaged youths. The events in which his wife and father are listed as receiving tickets, he could not recall them attending the events in question, explaining that they are both involved in the community organizations and that the tickets are given to these organizations through his wife or father. (39) Mayor Peyton stated that he did not report the abovementioned items as gifts because he did not attend most the events and that when he did, he considered it a function of his duties as Mayor. (40) Commission on Ethics Financial Disclosure Section staff con?rmed that Mayor Peyton did not ?le any CE Form 9's (Quarterly Gift Disclosure) or any CE Form 10?s (Annual Disclosure of Gifts from Governmental Entities and Direct Support Organizations and Honorarium Event Related Expenses) relative to the above-referenced events. END OF REPORT OF PRELIMINARY INVESTIGATION From: masonic]: To: Subject: RE: Seminole Caucus Basketball Game -- Duke at FSU MONDAY FEBRUARY 9 7:00 PM Date: Monday, February 09, 2015 11:30:51 AM Atlachmenls: ?agellum Hi Danielle, Below you will find the Commission on Ethics? rule for valuing the gift of a skybox ticket: Where a ticket to an event involves seating in a skybox, the actual annual cost of leasing the skybox is included in the value of the ticket to the event. The annual cost of the lease shall be divided by the number of persons which can be seated in the skybox, and further divided by either: 1. The number of events held annually at the stadium, if known; or 2. The number of events held during the preceding year. The provisions of this subsection may be illustrated by the following example: EXAMPLE: Where the cost of leasing a skybox at a football stadium is $10,000 annually, where the skybox can seat 10 persons, where the stadium hosts five football games each year, and where a ticket to an event in the stadium costs $20, the value of a ticket for seating in the skybox for the event is $10,000 divided by 10 seats, divided by 5 games, plus $20 per ticket, or $220 per person. From: Alvarez, Danielle Sent: Monday, February 09, 2015 11:19 AM To: Gibson, Ben Subject: Fwd: Seminole Caucus Basketball Game Duke at FSU MONDAY FEBRUARY 9 7:00 PM Sent from my iPhone Begin forwarded message: From: "Scher, Nick" Date: February 7, 2015 at 10:21:32 AM EST To: "Danielle Subject: Fwd: Seminole Caucus Basketball Game -- Duke at FSU MONDAY FEBRUARY 9 7:00 PM The president invited him when we were on the tour and he wants need to find out the ticket price to pay for it. I told them they have to send us an invoice. Nick Scher Aide to the Lieutenant Governor 305-812?6032 Begin forwarded message: From: "Daly, Kathleen" (Wm) Date: February 6, 2015 at 2:56:49 PM EST Enrich Subject: Seminole Caucus Basketball Game -- Duke at FSU MONDAY FEBRUARY 9 7:00 PM Kathleen M. Daly Associate Vice President Governmental Relations Florida State University 2011 Westcott North Tallahassee, FL 323064440 (850) 644-4453 lorida State llniversi Seinoles You are invited to join the Seminole Caucus in the President?s box to watch the Florida State Seminoles Men?s Basketball team take on the Duke Blue Devils Monday, February 9, 2015 At 7:00 pm. Donald L. Tucker Civic Center FSU President?s Box The Box will open at 6:30 pm. Please RSVP to Toni Moore, by 2:00 Friday, February 6, 2015, at 850-644?3847 Parking is available at the Civic Center. President Thrasher?s suite is #409. Please enter the suite through the outside doors on the north side of the Civic Center, which faces Pensacola Street. To get to these doors, go to the left past the gift shop, enter the next set of doors. "Centre Suites? is printed above the doors. You will be at the NW concierge?s office. The concierge will instruct you from there. Please give your name at the Centre Suites will-call table. Cost will be $48.00 for ticket and $10.00 for food and drink. Florida State Universitv Seminoles From: WELL: To: am Subject: Fwd: Seminole Caucus Basketball Game -- Duke at FSU MONDAY FEBRUARY 9 7:00 PM Date: Monday, February 09, 2015 11:18:50 AM Attadiments: Wang treadmilan Sent from my iPhone Begin forwarded message: r0111: "Scher, Nick" Date: February 7, 2015 at 10:21 :32 AM EST To: "Danielle Alvarez" Subject: Fwd: Seminole Caucus Basketball Game Duke at FSU MONDAY FEBRUARY 9 7:00 PM The president invited him when we were on the tour and he wants need to ?nd out the ticket price to pay for it. I told them they have to send us an invoice. Nick Scher Aide to the Lieutenant Governor 305-812-6032 Begin forwarded message: From: "Daly, Kathleen" Date: February 6, 2015 at 2:56:49 PM EST T0: her-@e .m ri Subject: Seminole Caucus Basketball Game -- Duke at FSU MONDAY FEBRUARY 9 7:00 PM Kathleen M. Daly Associate Vice President Governmental Relations Florida State University 2011 Westcott North Tallahassee, FL 32306-1440 (850) 644-4453 Florida State llniversitv Seinoles You are invited to join the Seminole Caucus in the President?s box to watch the Florida State Seminoles Men?s Basketball team take on the Duke Blue Devils Monday, February 9, 2015 At 7:00 pm. Donald L. Tucker Civic Center FSU President?s Box The Box will open at 6:30 p.m. Please RSVP to Toni Moore, by 2:00 Friday, February 6, 2015, at 850-644-3847 Parking is available at the Civic Center. President Thrasher?s suite is #409. Please enter the suite through the outside doors on the north side of the Civic Center, which faces Pensacola Street. To get to these doors, go to the left past the gift shop, enter the next set of doors. "Centre Suites? is printed above the doors. You will be at the NW concierge?s office. The concierge will instruct you from there. Please give your name at the Centre Suites will-call table. Cost will be $48.00 for ticket and $10.00 for food and drink. Florida State llniversiW Seminoles From: on behalf of ?ags To: Subject: FW: Half Mast Date: Monday, February 09, 2015 3:09: 13 AM From: Cranmer, Robert Sent: Monday, February 09, 2015 6:23 AM To: ?ags Subject: Half Mast I am principal of West Gate K-8 School in St. Lucie County. A third grade student, Julian Fraga, lost his three year battle with leukemia last His funeral is tomorrow. I am requesting permission to fly our ?aggs at half- mast in his honor on 2/10. He was a courageous boy who was much loved. I look forward to your reply. I thank you for your time and consideration. Sent from my iPhone From: AM To: QM Cc: Calm Subject: Thank You Date: Sunday, February 08, 2015 6:09:14 PM Ben, Thank you for the Opportunity to interview for a summer law clerk position with the Governor's Of?ce of General Counsel. It was a pleasure meeting you and learning about what working as the Governor's general counsel entails. Unfortunately, I did not get a chance to talk with Tim, but I completely understand that when you are the Governor's lawyer you have to be ready to answer your phone (eSpecially when it may be Mr. Scott on the other side). I would like to reiterate my strong interest in a position with your of?ce. My position as a teaching assistant for legal writing, as well as my book award in legal drafting prove that I have the research and writing skills that you are looking for in a summer law clerk. Additionally, as a Florida State University graduate, I have a true love for the city of Tallahassee and a desire to live there. Lastly, I understand the honor that comes with working for the Governor and the State of Florida. It is a unique opportunity, that most attorneys do not get. With this understanding, I would come to work each morning ready to engage in the fast paced atmosphere you described, work diligently, and provide the utmost effort during my employment with the Governor's Of?ce of General Counsel. Thank you again for your time and consideration. I look forward to hearing from you. Sincerely, Alex Horowitz From: Elba:an 70: mm; mm: mm Cc: Subject: Fwd: Judicial Nomlnation Date: Friday, February 06, 2015 9:26:37 PM FYI Begin forwarded message: From: John Maceluch Date: February 6, 2015 at 3:51:38 PM EST To: Subject: Judicial Nomination Ben, Great to see you in Orlando a couple weeks ago. I wanted to give you a heads up that the name of my friend Michael Williams has been sent up to the Governor for appointment to the Circuit bench in Tampa (13th Cir). An interview has not been set yet, so I will wait for that before I send an official letter. Hope all is well! Mace p/s I saw Bo's name is up with yall too for a countyjudge seat in Leon. Give him my best! When are you getting nominated? John J. Maccluch, Jr., Esq. Of?ce of Statewide Prosecution Of?ce of the Attorney General of Florida Concourse Center IV 3507 East Frontage Road, Suite 200 Tampa, Florida 33 607-70 1 3 Tel (813)287-7215 Fax (813)281-5520 The forgoing message may contain attorney work product which is con?dential and privileged under Chapter II 9, Florida Statutes and ERJA. 2. 420. No part of this document is subject to public disclosure until the referenced case is concluded. Upon said conclusion this message may be subject to disclosure as a written communication under Florida is broad public record lows. From: To: lehwaselucb Subject: Re: Judicial Nomination Date: Friday, February 06, 2015 9:25:54 PM Thanks for the input John! On Feb 6, 2015, at 3:51 PM, John Maceluch wrote: Ben, Great to see you in Orlando a couple weeks ago. I wanted to give you a heads up that the name ofmy friend Michael Williams has been sent up to the Governor for appointment to the Circuit bench in Tampa (13th Cir). An interview has not been set yet, so 1 will wait for that before I send an of?cial letter. Hope all is well! Mace p/s I saw Bo's name is up with yall too for a countyjudge seat in Leon. Give him my best! When are you getting nominated? John J. Maceluch, Jr., Esq. Office of Statewide Prosecution Of?ce of the Attorney General of Florida Concourse Center IV 3507 East Frontage Road, Suite 200 Tampa, Florida 33607-7013 Tel (813)287-7215 Fax (813)281-5520 <1D509688.gif> NOTICE: The forgoing message may cantain attorney work product which is con?dential and privileged under Chapter 119, Florida Statutes and ERJA. 2.420. No part of this document is subject to public disclosure until the referenced caSe is concluded. Upon said conclusion this message may be subject to disclosure as a written communication under Florida ?s broad public record laws. From: Mum To: sum Subject: Judicial Nomlnation Babe: Friday, February 06, 2015 3:51:39 PM Ben, Great to see you in Orlando a weeks ago. I wanted to give you a heads up that the name of my friend Michael Williams has been sent up to the Governor for appointment to the Circuit bench in Tampa (13th Cir). An interview has not been set yet, so I will wait for that before I send an of?cial letter. Hope all is well! Mace p/s I saw Bo's name is up with yall too for a county judge seat in Leon. Give him my best! When are you getting nominated? John J. Maceluch, Jr., Esq. Office of Statewide Prosecution Of?ce of the Attorney General of Florida Concourse Center IV 3507 East Frontage Road, Suite 200 Tampa, Florida 33 607-70 1 3 Tel (813)287-7215 Fax (813)281-5520 2: NOTICE: The forgoing message may contain attorney work product which is con?dential and privileged under Chapter I i9, Florida Statutes and FIRJA. 2.420. No part of this document is subject to public disclosure until the referenced case is concluded. Upon said conclusion this message may be subject to disclosure as a written communication under Floridais broad public record laws. From: To: Simian Subject: Need to update you on something Date: Friday, February 06, 2015 3:42:04 PM Attachments: Hit?aggmm Importance: High Hi Ben, When you have a second, I need to let you know about a situation in Palm Beach. Thanks! Direct line: 717-8576 Cell: 345-4018 Maggi 0?5ulh'van Parker General Counsel Office of Early Learning 250 Marriott Drive Tallahassee, Florida 32399 (850) 717-8550 I . I . I came: E1:er Learni 1g LCARH new. Lem" ran LIFE. From: ME TO: Subject: RE: Can you email me 8th Cir list? Date: Friday, February 06, 2015 12:32:55 PM Attachments: WW Should be in your folder Message--?-- From: Gibson, Ben Sent: Friday, February 06, 2015 12:32 PM To: Bax, Laura Subject: Can you email me 8th Cir list? Ben Gibson Judicial Appointment for Circuit Court Judicial Circuit (SC Order in case No. SC14-2280 regarding Judge Mary Day Coker) Friday, February 6, 2015 INTERVIEW SCHEDULE 2:00 pm. 2:20 pm. Tania Alavi 2:20 pm. 2:40 pm. Jodi Cason 2:40 pm. 3:00 p.111. Denise R. Ferrero 3:00pm. 3:20 pm. Julie C. Johnson 3:20 pm. 3:40 pm. Donna Keim 3:40 pm. 4:00 pm. Bennett Hutson Nominees: Tania Alavi, Jodi Cason, Denise R. Ferrero, Julie C. Johnson, Donna Keim, Bennett Hutson Interview Team: Timothy Cerio, Ben Gibson From: Wage?ire To: Abbott, glenn; Arnold, Carrie: Austin, Geraldine: Baker. Blanton, Michelle: Browning, Laurie; Caballero, m; Cabral, Irene: Camit, Joe: Carr, Carol: Carroll, Alesra: Clemons, Paul: Combs, Conroy, Bruce: C915, Jimmy; Davidson, Bonnie: Delaney, Gus: DiSalvo, David: Floyd, Bonnie; Fluha?y-Denson, Kim; Gibson, ?gmez, Diane; Graham, Amy; Helms, Mark: Henderson, Mark: Hicks, Joey; Hoffman, Cindy; Hooker, John; Home, ?;indy; HRM Policy Team List: Hunter, Andela: Jefferson, Shelby: Keilev. Liz; Kin Susan; Kirwin Tom' Waqqie; Larson, Sharon; Linkous, Sarah: Marion, Christine: Martin, Jim; Mathews Audi-e Mat-timbre mg; Mezzara, Cindy; McCullouoh. Phillip: McSwain, Ross: McVanev, Joe: Mm Minno Matthew' Mondmgon, Louise; Moore, Ruesther: Nelson, Bill; Parry, Jim: Par?ton, Glow: Patino, Melissa; Perdue Alissa' Ehanggf, Jennifer; Powell. Bennett: Pressley, Yvettee: Rhodes. Terry: Roberts, Pam; Rogers Margo; Saunders garnet; Seabrooks. Michelle; Shivelv, Brett: Shoemaker. Paioe: Shulnes. Lana: Simmons, Lon; skipper, Jamie: Smith, Amanda; Snider Roa Terry: Strickland, Deborah: Sullivan, Dale: Tepper. David: Thomas, m; Tondee, Renee; Uliasz, James; Veal, Sue: Vick, Jake: Ward, Kim; Waters Veronica; Watson, Wanda: Libby; Williams, Risa: Williamson. Heather Subject: AFSCME Tenlatively Agreed to Articles 7, 11, 18 Date: Thursday, February 05, 2015 9:58:16 AM Atladiments: WW Attached are the following articles tentatively agreed to between AFSCME and the state: - Article 7 Discipline Article 11 Classification Review - Article 18 Leaves of Absence, Hours of Work, Disability Leave The only remaining unresolved article at this time is Article 25 Wages. Claire Whitley Human Resource Consultant Florida Department of Management Services Office of the General Counsel 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399?0950 Office: (850) 487-9460 Follow Us on Twitter Follow Us on 'l .5 i Council State Prupusal Article [l 4-35 Prupusxal) Fiscal Year 2(1l3- l6 Ji'lmliill?fr' Is. 2015 Page I OH Article 7 Pill \elf. SECTIUN For Cause All}! cmpioyue has status in his or her murmur. pua?il?itm may he auspendml or :ll?mismrf lisr Cause. Cause shall in: as established in section 1102217., Fluriila Stamina. Status shall be as prescribed by 1114;: Rules {al?tlm State Personnel 2 mica: An employer: has permaant status in his era?kw current position ?ml is: suhic-ci to staspcmion. minority}: in pa}: demotion ilwniunlm-y r?mnsf?m of more than 50 :l'lilu? liy highway; or dimnismal shall l'euciw written notice ufswh action at Imam {en giggly; days pn'nr the dare the action is 1'0 in: farm subject to amnion ll Florida Smlutcs. In such malice, and print to data the aclicm is II: be taken. the af?rmed empioyeu shall be given all nppm?tunily appear iwlhru: ungC)-' taking the Limit?! Ln answer orally and in writing agains-l him or lwr. Malibu to this shail be hami?ddiwrcd or by cerli?ed mail. In ul? extraurdimu-y dismissal, the: empirayee shall be given an opportunin to rebut the charges at the time of rho: hand-delivered notice. in ucmrdancc: with section Florida Statutes. 3 Remedies washer-{1+ {labile athei- griemnae?medurwiei (Bantam-wth- awtil-himsall? ~4M?vanee? amt ?-l?a?-1nbilmwaz-iinds flat-waste "the-tithi-HMw-sha?-??i?? vibe-dmisiime?he-agenc-ye- liq nited?W-reverai "gm-41 ra?ngw~dissioplkw?~ Phil-{13 may? mnymet coil?lay- {he ?3,316.91- {All current position 5.1le In i113 grigvancc mmedurc in Aliiglc 6 whenAEQiyLiugi. hit the: Slate h?l?iclmei Mzitl?inmri?. State?s {Chicl?L?ahor Negotiator dd; Dam il?or?zlAli?I?ljing-IE Hiaridn (fennelHecl'm' Ramos (Thief Negotiator n-H- 4- .- ..ur.o 'I.d mp. a? . 152;}? A FSf?ifv-ifi l??lm'ida Ciitlil?'ilib?i State: J?mponnl Article; '5 {14-15 Proposal} Fiscal Year 2013 6 January 8, 5. 1?:th 201?). Li??si?ll?i?. .91: ?imuzmrmasi 9.12 .92 M5233. 9.5 69.. m: mm mJJsaEiysau'?ibs; ?s-lldm?l. 95111 or ?ne will .3319: wt uriwable- arc Rubiecr the Izrocnedm'gj? ?l'limlc 6: gigcishm is ?nal and hindigg mm; within diws 9.1: 111;; wi 11 it; Les (1 $133,531,? . without 3. in 9. wont-ram. In the ?lms: Public RLigjjgug?gynu??gion under the nwvisinn? of :iqggimt Ll dunno-?- .I- vs? p-Imu-p - Far the State For: A FSCME Fiurida council 79 1 Ii ?I'x Michael Maummr Slutc?s Chic?" Lab.er Nagaiiator Date DanHector Haws Chief Negohgztur I :ll Al'smilzt rim-{Em Emmi] :29 512115 Proposal Ania-1:: 1 Fiscal "r'mr 20 i 16 January 3, 2015 Page I an Article I (TIA SSI (3'11le I Addi?oml Duties Wilt-:11 an employee alleges that he. lb {wing requit-cl'l It} pcr?nrrn dairies ?11:13: 1111': net included in his pnsiilon and like emphaqu alleges that ihc (Julius :lssignml are nut included in 1b?- allieial- occupmiunal- pro?le to which the. position i3 the: employee may request in ?lm! the Agency i?lcacl review {be {?lulit'li assigned pesilinn. The Agency Head designce shall rtwiuw the Julian; as The employee will receive :1 L:-upy oi" the: written (Incision within 3'2} days of [he the decision is lhat the duties assigned :ms sufficient to jmli?: mama-{lying 11w. pmitll?m. with; the will lk} Ui? the during in qucslim: will he- remm'cd. Shh-:1an of funds shall nut his used as the basil: for refusing to ruckus-'si l5}! :1 positiun ?Her :1 rwicw has been If the is to rcclassi?' the: pnsiliou and the employee is to reach-u a m?cm'mljonal pay intrcasm. 151: pay Enact-15:: shall be cl'l'wlivc from Ike date the agency mach-ed the employee-?5 rcqucst far a claSsi?cnlion review. (B) 11" (he is not satis?al with Elm decision. employee, wilh 0r without may mum in wrilmg review by the Swrciary' or? the Dcparnnem nl? Managmnum Services or designcc. "The. Secretary's twiew will be in accm'dance wim Chapter 1m. Florida Smut-ms the 0r designec shall] be ?nal and Iwindingun all Flu:- WFiila? eet?elavy?ef??te-Qopasmm til-Manages? ur-slimmewolembreMMd-knwl (Hitlaepesi?en?shal-l?lm wlaa?bim?ug-m. 1aiz?l?s: SECTION 2 ??nrk Load Quotas (A) When an employee alleges that rht: cm plnyec is being. regularly required to carry an inequitable wm?k loud quom, the employee may in Writing 11ml lhe Agency l-lead review the work lumi quota :msignud to ilk: employee. The Age:me Head or designec shall make the- ?nal written. decision on the wmplainr which shall! binding, on all parties. 11c m?ll receive a copy of ?lm wril'lcu decisinra within Ell days 01' the request. (B) The stale and the Union agree 11ml work load quoru. problems. are rm apprupn'zue item fa: dismssiun in consultation mailings us in Arliolc For the Funk.- F0123 F?li?l??l? ?lm?ida Council ?c?um? ?on u? Michnei I'Iecmr Ramos Shaw?s Chm" Labor Nego?atm Chief Negoiigtm; :1 l'c: Dale .ul" all all Flurida Council Stale Proposal Article 18 I445 propoml] Est-ill ?r'ttat' 2f} January 3, 2M 5 Page- I ol?4 AriiClL? 18 [Jaw-1'18 OF ABSENCE, HOURS ?135? Bi LITY LEI-AVE SECTION I - Leave? limpiuyuss; shall bar- gram'ud lam-cc: ul" aha-mum :55 ir': Ruic (?101.4% Florida Admiui w: Code. 2 - Hours ul'Wm-lc and Overtime The normal for each full-Lime employee shall bu 40 harm-n, rcinins the right l'u smhm?lul?: il'ti en'apluymcs: huwwen [hrs state will make. a good faith M31111: practical. to pmvirle the employees with consecutiw? lmurs in the workday and con woulivc clays in the. week. Work bcyunrl flu: mu?tnal Shall hr: in atmurd?mm with pnn?siwm of R.ch Florida Aclministratiw (20 c. (D) le right to nt? dimppm we {in ac nt?J?tbr iis cmpIayees. l'l?wev?cl?, the: shun will a good faith c?brt, whenever practical, to allow cmployecs In use leave credit"; as rcquc'mcd by the cm plnyuct. li?aihn?c in approx-re an unpluyce's slacci?u request shall not he grievahlt': under the provisions of?lrl'lclc- (I of this Contract. {l-Ej The state: agrees Ihnt 1hr: assignIm-m stafovenime is not to he mat]: on the. basis of ?wm'irimu. In any case, when: an employee has reason to lucrliwc: that uwrtimc is being [mignul on the basis the employee shall haw: the right to the (it'll-wander. Procedure under Artich 6 herein. lo Slep 9.. 34,- - Help Ma ?magma; es with-shM-Tair Lmk?tamkmle?et-as-it-?s am??ed-ie-?ub? a mml-rrym: 3 Work Schudulcx (A) Where wm?k schedules an: mlm'cd? normal showing L'E??l'l mnploy?c'a shift. workdays and hunt-5, will be no less than tom?-l?} days. in :1 [1 \v'?l'lUD: and Will re?ect ill laws!- :1 t'wn workweek odulu: lulu-ever. the: amt?; will make a Faith ef?n?t re?ect a une? month schedule. With prior written noti?cation of at least three For the State Far?yt wean; Elm-Eda $9 .. .. 3' Mininml Mr?timure Ramos Su-Itc?s Chiel Lulmr: Regulator Chief Negotipror 't 2W5 - Date Dam: nu. n, I I Flnritkl (.?Quncif 1'9 Stun: Human] -- Artch ['14 13ml Yam 5-- 6 January 5. 20 5 Page 2 9M workdays the empluyw?s immediate supcwisw. mnployws may agrcg ennui); day-5 :a'hifm 0n :1 [cz'am'n?ury hissi?. 1116 immediahz ?iulwrui?m' [Mt-1:15 flu: exchange. nr 51111113 the initiating l'hrc- nati?carion shut! bt- ndviscd {hat Ilw exchange. is disapgn'nvmt, (13] Where work Rehcduhc? ate miated, the stale wili make {33ch ridus ei??m Lo equalize scheduled wurk among in Rama lime?mm! uni! whenever this be accmupfishcd witlmui inm??ering with ef?cicni operations. an is not assigned tn a rotating shift and the muployca?s regular ?ail": assignment is being changed, {his state will schedule the enualuyec In he work ?w a minimum of two shi?ns wad of [he met-10115 shift and the beginning ai?slm new stuff When an Hunk-yea works two cousemltivc shifts, the- slure will make 2. gnud ?airh a?'on in ?Slow the employee a minimum {2f 16 consecutive off' prim to returning to work. 4 Rest Perimls No *iupm?visor shall unreasonably der an cmpioyut: a 15 minute mar perm] dus'ii?g ?Rich {um ham? wen}; shi?t. Whmewu' possible. 51ml: rest periods. shall he; schmiuhtd at the middle of the: work shift. l-lowcwr. it recognized I'hat many positions have pas-r ul? {i111}; assignment that rmuims mum-age I?m- a E'ull ?ght-hour shif}, which Would not permit L118- cmpluyes: to actually [cave his pom. in those cum-cs, it is fattogt?oiZCd that tin: employee can ?mat? while the cmpluyce pig?sic?lry remains in the. geographic lmmu'nn of hi5 duty puma-1:. (B) An may not unwmulnie unused rest periods, 110p 5113!] rest be authorized for can-wing an Ink: arrival on tlut ur earl}! denature from dun?: $EG?1-??3?e?l?5??legotiat?ion Gemini?w 311m. ?Linian? may ?Em yu?anem ?ve-asp H5 Nege?m?w mmittaqmaswl- ?who-empka ?will?wwa?ed-dtek?hlismti-ve dame? ?with desingEIted-hyv?m ?ave-redelm?qwesw??a her-selecth seim?m-Ml-?ny H?dIit-l-y-hMja-ef- whe?mx?ans?t?L?m ~wmk?aaih- ??'Ilhe~ ?mam.- euk?z??catian?rml?we?t mam ?rm-(1i: mmkayaes-de?igWed?fw Hw-Hegystimiens?emmi??aonsha? bevy-at-wided-m Mamegsm elm-See's: PM the State For f?li?f?'t' "in? Hamlidn (Emma! . . Hector Kaunas.? Chief" Ne-y?oti?tor - 1. I ?ia?lm?] Manhunt": 5mm: '5 Chic 1" Lahnf Negotiator l. Dun: Dale: 3 ll I AFSCME Florida ("unincil 1?9 Slate Article 18 {14-15 pmposul} Fiscal Year January 5 Page 3 UN (ii 121 ll- In +?eq~uestrammal~mwam ?ajbiiw ?Elie?vulpase ?sit-1 reel Disability Leave. (A) An aligible for disabilii}; leave wiih 113}: under the proviizimts til" Rule Florida Admini?n'arive Code, shall not be. require-d to use amuml luavc in order In in: eligible in be carried in full pay Status under Rule 601,34? Florida An'lininixlmriuc Coda. The. Agency Hand or dcsignc-t: shall not refuse: to submit a l'uqucsl tn cum-y an cmpinym: in Full pay mums the provisions: of Rule Gulf-3:1. Fluuida Adlniuistmtivc (Ludo; provided. hnwm'i-m the Secretary or? ?lm Dcpat'micm? m? Saw-luvs desigum?: shall have tin: right In determine an should he. carried in pay 31mm; ibi?nmrc than if: weeks. as pnwidcd in sub-swlion 1? (I) belnw. an: shall he carried in pay 5121105 until employm: has utiliznd IOU hours of accumulated 5101; leave, annual Inn-?Nu, lea we, or icuw: without pujr. (LI) ll?au employer. has not had continuum state service amassin'y uucmnulaitr 11:0 l'lmll?s of sick lcavc: urediis. lln: employee will be eligible. to bc curried in full pay $tatux upon having exhausted all neuumulaictl sic-k, annual and leave creilits {not to exveud iOi} hours} provided the minty Jesuits ?vm an act nl? violence in?icmd hy another person while. engaged in law mer-ccmem" dunes. OI. rm asphalt under rial mudirious. SECTION 8 f; -- Special Compensatory Leave Earning of Special Compenszimw Leave fi'l?edll?. Spmi-al communion-y [63w credits may hr: earned Hill}; in the lhIluu-"ing Emman I: I) cmpluym in the stereo: ?crvicc for work pel?mncd on :1 holiday as de?ned in sun-lion [10.1 Florida Slauncs. m' for work during an. work pmind lhui includes a. holiday, as provided by the. Rules with: Stan: Personnel System. an employee in the career liar work perfumed in ilac canilm-?fsu. ?5 :tssignml nl'?cc. lliuilily. 01' region Whli?i'l is closed an Executive cl" Summer or an 5; climsicr nr emergency condition. For the Stale ?otilla Council 1?9 Michael Muifinmrc State-?5 Chief l. abm' Negui?r-ilm' \l 3) u? .m 09h. u? .. .E '0 i'l?ctm' amus (.L'bicl' Ncguri a tor c. '2 - l. 1.3. l?lutt? AFSCIME Fluriclu Council Sink:- -- Amide 14-1 5? li'iwal Year: 2015-16 January 8, 20 I 5 Page 4 {11?4- (BJ Special Ll?'th?. [Earned Prim- fu July J. EU 2 All crrapiuyuc may he rentluie'cd In rcducc spacial cum punsmory leave (audit balanmi Spucidi Leave E-umcd (.311 nr A?ur ME): I . 2f] Special 32:19:: credit-s: as in subsection (AM I an or after July I: 20] 2, which are: 1101' used each year by the April 30? or {'Jctoher 3i than summed}; the: work pct-[m1 in which the ham-1: i'a credited, whichever dam occurs cal'?czr. shall ht: fm??iitcd. Special cunnme-nsai?nry ham-1*. cretjiix- earned. as descrilmd in subsection (Mfg)? on m? ul?tu July I, MHZ, which are. nut used within 12!} calandur clam; from the. end oft?ltt: work pus-ind in which the lawn is credited shall 13": Furfcitcd. Euclz agency,- shall earning slut-in} compensatory lam-'0 credits in :1 mimic: 11m: allows :11! leave orediis named an m? a?cr July 2012, lo be used within the. time Iimib?; specified in and 2. However, such Jam-{t wilhin such 151m: iimit? wvuld prawn? the agency l'rtm?l meeting minimum staf?ng. requirements naedcd to ?nsure pubh'u the: sigma-y Head may extant! the time limits upec-i?130 calendar days Extensions will not be allowed fin-r any other 1035011. No agency may make it pzlyuui of unused special [cave credifs ew'nm?l on ur a?cr July 1, 2.. Unicss orhmviSc. prohibited by law or rule. all reclucsm fur use ni?uppwved lam-m ui-Ewr than :uhuinistmiix-a iem'c. shall tin-:1 he charged to any spacial mmponsawry leave credits the cmpluyec has accused. For the Slaw Fioridn (Inum'il 79 f. ?9 . '5 'avNectar Ralmrs 1: ?5 Michael I?v?lnl'l'imord: 81:21:93 Chic!? Lahur Negotiator I .. . Date Date From: To: 51m Subject: RE: Date: Thursday, February 05, 2015 9:52:39 AM If they come back, please get the tag number. Dawn Hanson Director of Administration Executive Of?ce of the Governor (850) 717-9210 What?s Writing From: Gibson, Ben Sent: Wednesday, February 04, 2015 6:24 PM To: Hanson, Dawn Subject: RE: I?ve been told that the car left around lunch time. From: Hanson, Dawn Sent: Wednaday, February 04, 2015 9:29 AM To: Gibson, Ben Subject: RE: 0k, let me know. Thanks. Dawn Hanson Director of Administration Executive Of?ce of the Governor (850) 717?9210 what?s erring From: Gibson, Ben Sent: Wednesday, February 04, 2015 9:28 AM To: Hanson, Dawn Cc: Galloway, Dana Subject: RE: I parked in spot #96 temporarily. Dana told me that was an open spot. Will get the tag it as soon as I get down there. Thanks From: Hanson, Dawn Sent: Wednesday, February 04, 2015 8:56 AM To: Gibson, Ben Subject: Please get the tag number. Dawn Hanson Director of Administration Executive Of?ce of the Governor (850) 717-9210 What's Writing TEMPE From: To: 51mm Subject: DOE Updated Priority Case Report Date: Thursday, February 05, 2015 9:16:14 AM Attachments: WW Ben, Attached is an updated priority case report. Matthew H. Mears General Counsel Office of the General Counsel Florida Department of Education 325 w. Gaines St., Suite 1244 Tallahassee, FL 32399?0400 (850) 245?0442 Updated February 4, 2015 PRIORITY CASE DOCKET DOE Case Counsel Summary Status Notes Citizens for Strong Schools v. SBE 2d Cir.. Case No. 09 CA 4534 Judge George Reynolds AND Haridopolos. Mike et al. v. Citizens for Strong Schools, Inc.. et a1. 15'? BOA Case No. 1010-6235 FSC 12-216 Tr: Chonin. Siegel. McLendon. A AG Glog DOE: MearsIBone Senate: Levesque House: Carson Defendants? Outside Counsel: Maxwell. Cupples, Clanton au. Raleigh {Presley Rocco Testani SCHOOL FUNDING r? ADEQUACY I CHARTER SCHOOLS I FTC Plaintiffs alleged the state is breaching its paramount duty to provide a high quality system of free public schools as required by Article IX of the Florida Constitution. Plaintiffs also attacking Charters. McKay and FTC as not uniform and unequal opportunity. 11l09l09 Summons and Complaint 0694114 2nd Amended Complaint deemed ?led 08f28it14 MTN to intervene by students (GRANTED) 02r13r15 Deadline for disclosure of A Expert witnesses 0522;15 Deadline for disclosure of Fact witnesses 06i'10t15 Case Mgt. Conference 09:04:15 Conclusion of Discovery 10!09t15 Deadline for Dispositive Motions 11ro4r15 on for Summary Judgment 11r1ar15 Deadline for Limine and Daubert motions 03i14f16 Trial begins Depositions of 17 witnesses and experts are ongoing. as expert reports due is ongoing. A's have proposed conducting limited discovery (depositions of non- stale witnesses) during the automatic stay during the legislative session. Robinson, Brandt, et al v. Bennett. et al 2??1 Judicial Circuit Case No. Judge Cooper Robinson, Brandt. et al v. Bennett, et al Case No. 1D13-3533 A AG Ronald Meyer Hearn Pamela L. Cooper FL Education Assoc. A Mike Mattimore A DOE Presley A AG - Ronald Meyer Hearn Pamela Cooper FL Education Assoc. A Mike Mattimore A DOE TEACHER EVALUATIONS - STATE Plaintiffs challenge laws relating to teacher evaluations and contracts. alleging they violate the right to collective bargaining and represent an unlawful delegation of legislative authority TEACHER EVALUATIONS - APPEAL Teachers appeal ?nal order granting summary judgment indicating 5. 1012.34 (teacher evaluation statute) does not violate right to collectively bargain. 09114? 1 06i27l'13 07l26f13 07(292'13 10l31i'13 1OI31I13 12106i'13 01103I14 0325!? 011231'15 02123? 5 Complaint for Declaratory and Injunctive Relief Order Denying for Rehearing Notice of Appeal Notice of Appeal Initial Brief Filed Motion for Oral Argument Filed Answer Brief Filed Reply Brief Filed Oral Argument En Banc Opinion (AFFIRMED) Deadline for further appeal Cook, Kim et al.. v. Stewart et al. U.S. District Court Northern District of Florida Case No. Kim Cook, et al v. Tony Bennett United States Court of Appeals for the Eleventh Circuit 14-12506-BB Tr: Ron Meyer wlMeyer, Brooks, Demma and Blohm A AG Winsor, Nordby DOE: Bone Tr: Ron Meyer will/layer, Brooks. Demma and Blohm A AG Winsor. Nordby, Glogau DOE: Bone TEACHER EVALUATIONS - FEDERAL Plaintiff's challenge the constitutionality of SB 736. which passed on 03124111, and is codi?ed throughout Chapter 1012, F.S.. and the teacher evaluation policies that Defendant School Boards have adopted to comply with the Act. as implemented by the FSBOE and DOE. APPEAL 041165.113 09I3OI13 1 12f12i'13 01I17i14 01i'24I14 04.109!? 04f22i14 05l'06l'14 06i'O4f14 0910511 4 09! 1 2! 1 4 10!03!14 Summons and Complaint Order Granting to DismissiMore Def. Stmt. Amended Complaint Filed 2nd to Dismiss Resp. to to Dismiss SBOEiStewart?s MSJ Filed Plaintiffs' MSJ Filed Hearing on Motions Order Granting i' Denying in Part MfDismiss Order Granting SJ for Defendants Notice of Appeal Appellants Brief Amici Brief by Fla. School Board Ass'n and Florida Ass'n of School Administrators Appellee Brief by Alachua County 10115114 Amici Brief from "Education Law and Education Measurement Professors? 11I20I14 Appellee Brief (for SBE) 12.113114 Reply Brief due 04l20115 (week of) Tentative docket for Oral Argument United Faculty of Florida v. Florida State Board of Education DOAH 13-2373 ALJ: June McKinney APPEAL 1014?188 rr Tony Demma A DOE: Tepperz'Jordan RULE INVALIDATION: College Contracts Union challenges proposed revislons to rule relating to college faculty contracts on the grounds that the proposed revisions constitute an unlawful delegation of authority to state colleges. is arbitrary. and that it fails to allow collective bargaining. OSIZOHS Petition to Invalidate Amended Petition to lnvalidate 09f11l13 Oral Argument 1OI1BI13 Proposed Final Orders Filed 12123f13 Final Order Denying Petition Entered 01l?l4l'14 Notice of Appeal Filed w! 03125114 Initial Brief Filed 05!12!14 Answer Brief Filed 06l06I14 Reply Brief 09i16!14 Oral Argument Faasse v. ScottiBondii AMateriPutnarru'Stewart 2nd Judicial Circuit Case No. 37 2014 CA Judge Francis 001859 11: Ron Meyer As: Allen Winsorl Rachel Nordby Commissioner Stewart: Tepperi'Bone 88850 - Single Subject Article IllI s. 6 07f16i14 07l18i'14 07I30i'14 10i'21i'14 11l05i'14 11i'20i'14 12l22i'14 12I3OI14 01!29!15 Complaint for Declaratory Judgment Filed Commissioner Stewart Served Unopposed to Intervene by PLSA families (granted) Order Granting to Dismiss Amended Complaint to Dismiss Amended Complaint Order to Show Cause (why case should not be dismissed) rr Response to to Dismiss Amnd. Complaint Order GRANTING to Dismiss w! prejudice. Appeal deadline. Joanne et al. Senator Geraldine Thompson FEA FSBA Fla. Congress of Parents and Teachers, inc. League of Women Voters of Fla. Florida Conf. NAACP v. Rick Scott Pam Bondl (Atty General) Atwater (CFO. FDOR) Putnam (Agriculture) Stewart (Education) FDOR FDOE 2"d Judicial Circuit Case No. 2014 CA 002282 Judge George Reynolds rr: Ron Meyer John West Ayesha Khan Alex Luchenitser Ramya Ravindran As: Allen Winsor DOE: Mearsr'Jordan lntervenors: Karen Walker Nathan Adams Raoul Cantero Jay Lefkowitz Steven Menashi Daniel Woodring Florida Tax Credit (FTC) program Plaintiffs allege violates Art. IX of Fla. Constitution as a 'parallel? system of public education. is non-uniform. and violates Art. I. {53 of the Fla. Constitution as a direct or indirect aid to a church. sect. or religious denomination as scholarships are used by parents to pay for tuition at religious schools. 08l28l?l4 10f14f14 11i04l14 11126114 12i11i14 Complaint ?led Commissioner Stewart and FDOE served Low Income Families' to intervene to Dismiss 1T Opposition to Mtn. to Dismiss by Low Income Famllies to Intervene RANTED 02109115 on to Dismiss From: CemJJm To: EMU Subject: Re: Noti?cation of Collective Bargaining Impasse - State Personnel System - Fiscal Year 2015-16 - Articles at Impasse for each Bargaining Unit Date: Thursday, February 05, 2015 5:52:36 AM Let's discuss. Sent from my iPhone On Feb 4, 2015, at 6:22 PM, "Gibson, Ben" wrote: FYI From: Roberts, Patty Sent: Wednaday, Feanary 04, 2015 2:27 PM To: Williamson, Heather; Delaney, Gus; McVaney, Joe; McSwain, Ross Cc: Gibson, Ben; Tondee, Renee; Conroy, Bruce; Larson, Sharon; Williams, Marlene; Jeanette Wynn; Hector Ramos "rsiwica@eoanlev.com' fod@comcast.net: jdemshar@floridanurse.oro: Hal Johnson; 'Holly E. Van Horsten'; mrilev2011@outiook.com; Mattimore, Mike; Sarah Unkus; Parry, Jim; Whitley, Claire; Hooker, John; Okwabi, Jennifer Subject: Noti?cation of Collective Bargaining Impasse - State Personnel System - Fiscal Year 2015-16 - Articles at Impasse for each Bargaining Unit Importance: High Good Afternoon, On behalf of the state?s Chief Labor Negotiator, Michael Mattimore, we respectfully submit the attached Notification of Collective Bargaining Impasse between the Governor and the seven employee organizations representing 13 bargaining units of state employees in the State Personnel System, including the articles at impasse for each of the bargaining units. If you have questions or concerns, please contact Mr. Mattimore at (850) 561-3503, or Jim Parry, Assistant General Counsel for the Department of Management Services, at (850) 414-7646. Sincerely, Patty S. Roberts Human Resource Consultant Florida Department of Management Services Office ofthe General Counsel 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950 Phone: (850) 487-9464 Fax: (850) 922-6312 "We Serve Those Who Serve Florida" The infonrnation contained in this e-maii and accompanying attachments may constitute attorney Work product, corrective bargaining strategy or other confidentiai information which wouid be iegoiiy priviieged and exempt from dgcyosure as a pub?; record. it is intended only for the addresseds) indicated above. if you are not the intended recipient of this infoma?on, any disciosure, copying, distribution, or the taking of any action in reliance on this information is stridiy prohibited. if you received this emaii in error, piease notify the sender immedioteiy by return e-maii or by coiling {850} 487-1082. Additionaiiy, pieose note that Fiorida has a very broad pubiic records iaw. Uniess expressiy exempt, this or any other written communication with this office may be subject to pubiic disciosare. From: Elam To: MW Date: Wednesday, February 04, 2015 8:04:48 PM From: To: mm Subject: FW: Noti?cation of Collective Bargalning Impasse - Department of Lottery; FY 2015-16 Date: Wednesday, February 04, 2015 6:24:37 PM Attadlmenl? Please From: Mark Bonfanti Sent: Tuesday, February 03, 2015 3:28 PM To: Delaney, James; Tondee, Renee; Jack Marziliano; Hal Johnson; Smith, Layne; Gibson, Ben; O'Connell, McSwain, Ross Cc: Michael Mattimore; Sarah Linkous Subject: RE: Noti?cation of Collective Bargaining Impasse - Department of Lottery; FY 2015-16 Good Afternoon, On behalf of the state?s Chief Labor Negotiator, Michael Mattimore, please find the attached letter outlining the articles at impasse between the Florida Lottery and the FPE and PBA. if you have questions or concerns, please do not hesitate to contact Mr. Mattimore at (850) 561? 3503. Thank you, Mark L. Esq. Allen, Norton 8' Blue, P.A. 906 North Monroe Street Tallahassee, Florida 32303 Office (850) 561-3503 Fax - (850) 561?0332 Website Twitter LirtkedIn?M?tk?anfal? /l\B Nuimire trims The information in this email transmission is privileged and con?dential. If you are not the intended recipient, nor the empmyee or agent responsible for delivering it to the intended recipient. you are hereby noti?ed lhal any dissemination or coming of Ms transmission [including any atlachmenls) is strictly prohibited. if you have received this email In error. please notin the sender by email reply. Thank you? ALLEN NORTON BLUE 906 North Monroe Street a Tallahassee, Florida 32303 Telephone 850-561-3503 a Facsimile 850-561?0332 February 3, 2015 The Honorable Andy Gardiner, President The Florida Senate Suite 409, The Capitol 404 South Monroe Street Tallahassee, Florida 32399-1100 The Honorable Steve Crisafulli, Speaker of the House Florida House of Representatives Suite 420, The Capitol 402 South Monroe Street Tallahassee, Florida 32399-1100 Re: Noti?cation of Collective Bargaining Impasse; Florida Lottery Dear President Gardiner and Speaker Crisafulli: As indicated in our letter dated January 30, 2015, an impasse has occurred in the collective bargaining negotiations between the Governor and the two employee associations representing the bargaining units of state employees at the Department of Lottery, pursuant to section 2 1 Florida Statutes. In accordance with section Florida Statutes, please be advised that we have reached agreement on all provisions of the collective bargaining agreement with the Police Benevolent Association, with the exception of Article 22 Wages. Although we anticipate the resolution of most of the contract articles with the Federation of Public Employees, at this time the entire contract is at impasse. Negotiations continue and we will inform you of any tentative agreements reached by the parties regarding these impasse articles. If you have questions or concerns, please contact me at 561-3503, or Layne Smith, General Counsel for The Florida Lottery, at 487-7724. Sincerely, Zlflichael Mattimor Chief Labor Negotiator Jacksonville Miami 0 Orlando - Tallahassee - Tampa Af?liate of Worklaw. Network: The Nationwide Network of Management Labor and Employment Law February 3, 2015 Page 2 CC: Mike Hogan, Chairman, Public Employees Relations Commission Ben Gibson, Assistant General Counsel, Executive Of?ce of Governor Rick Scott Renee Tondee, Policy Coordinator, Of?ce of Policy and Budget O?Connell, Secretary, Department of Lottery Layne Smith, General Counsel, Department of Lottery Jack Marziliano, Federation of Public Employees Hal Johnson, Police Benevolent Association ALLEN, NORTON a BLUE. PA. PROFESSIONAL ASSOCIATION From: To: mm Subject: RE: Date: Wednesday, February 04, 2015 6:23:38 PM I?ve been told that the car left around lunch time. From: Hanson, Dawn Sent: Wednesday, February 04, 2015 9:29 AM To: Gibson, Ben Subject: RE: Ok, let me know. Thanks. Dawn Hanson Director of Administration Executive Of?ce of the Governor (850) 7179210 Whirl?: Working From: Gibson, Ben Sent: Wednesday, February 04, 2015 9:28 AM To: Hanson, Dawn Cc: Galloway, Dana Subject: RE: I parked in spot #96 temporarily. Dana told me that was an open spot. Will get the tag ii as soon as get down there. Thanks From: Hanson, Dawn Sent: Wednesday, February 04, 2015 8:56 AM To: Gibson, Ben Subject: Please get the tag number. Dawn Hanson Director of Administration Executive Of?ce of the Governor (850) 717-9210 What?s Writing From: am To: $21:me Subject: Fw: Noti?cation of Collective Bargaining Impasse - State Personnel System Fiscal Year 2015-16 - Artide; at Impasse for each Bargaining Unit Date: Attadiments: Importance: From: Roberts, Patty Sent: Wednesday, February 04, 2015 2:27 PM To: Williamson, Heather; john.love@myfloridahouse.gov; Delaney, Gus; McVaney, Joe; McSwain, Ross Cc: Gibson, Ben; Tondee, Renee; Conroy, Bmce; Larson, Sharon; Williams, Marlene; Jeanette Wynn; Hector Ramos "rsiwica@eganlev.com' fpd@comcast.net; Hal Johnson; 'Holly E. Van Horsten'; mriley2011@outlook.com; Mattimore, Mike; Sarah Linkus; Parry, Jim; Whitley, Claire; Hooker, John; Okwabi, Jennifer Subject: Noti?cation of Collective Bargaining Impasse - State Personnel System - Fiscal Year 2015-16 - Articls at Impasse for each Bargaining Unit Importance: High Good Afternoon, On behalf of the state?s Chief Labor Negotiator, Michael Mattimore, we respectfully submit the attached Notification of Collective Bargaining Impasse between the Governor and the seven employee organizations representing 13 bargaining units of state employees in the State Personnel System, including the articles at impasse for each of the bargaining units. if you have questions or concerns, please contact Mr. Mattimore at (850) 561-3503, orJim Parry, Assistant General Counsel for the Department of Management Services, at (850) 414-7646. Sincerely, Patty S. Roberts Human Resource Consultant Florida Department of Management Services Office of the General Counsel 4050 Esplanade Way, Suite 160, Tallahassee, Florida 323 99-0950 Phone: (350) 487-9464 Fax: (850) 922-6312 "We Serve Those Who Serve Florida" What?s Working The Information contained in this e-mall and accompanying attachments may constitute attorney work product, collective bargaining strategy or other con?dential lnfonnation which would be legally privileged and exempt from disclosure as a public record. it is intended only for the oddresseefs) indicated above. if you are not the intended recipient of this infonnation, any disclosure, copying, distribution, the taking of any action in reliance on this information is strictly prohibited. if you received this emoii in error, please noth'y the sender immediately by return e- mail or by calling {850) 487-1 082. Additionally, please note that Fiorida has a very broad pubiic records iow. Unless exempt, this or any ether warm? communication with this office may be subject to public disclosure. nomad oarhamam of I {:16 a a Of?ce oi the General Coumel .. SERVICES Tmii?l??m?i?m?g ?m ?m Tel: 350.457.1032 1 Fax: 850.922.6312 Rick Scolt. Governor Chad Poppell. Secretory February 4, 2015 The Honorable Andy Gardiner, President The Florida Senate 409, The Capitol 404 South Monroe Street Tallahassee, Florida 32399-1100 The Honorable Steve Crisafulli. Speaker Florida House of Representatives 420, The Capitol 402 South Monroe Street Tallahassee, Florida 32399-1300 Re: Noti?cation of Collective Bargaining Impasse Dear President Gardiner and Speaker Crisafulli: As indicated in our letter dated January 30, 2015, an impasse has occurred in the collective bargaining negotiations between the Governor and the seven employee associations representing 13 bargaining units of state employees, pursuant to section Florida Statutes. In accordance with section Florida Statutes, we are respectfully submitting for resolution the attached list of collective bargaining contract articles on which the parties have not reached agreement as of the date of this letter. Negotiations continue and we will inform you of any tentative agreements reached by the parties regarding these impasse articles. If you have questions or concerns. please contact me at 561-3503, or Jim Parry, Assistant General Counsel for the Department of Management Services, at 414-7646. Sincerely, Michael Mattimore Chief Labor Negotiator Attachment cc: Mike Hogan. Chairman, Public Employees Relations Commission Ben Gibson, Assistant General Counsel. Executive Of?ce of Governor Rick Scott Renee Tondee, Policy Coordinator, Of?ce of Policy and Budget Chad Poppell, Secretary, Department of Management Services Bruce Conroy, General Counsel, Department of Management Services Sharon Larson, Director, Human Resource Management, Department of Management Services Marlene Williams, Legislative Affairs Director, Department of Management Services . . Florida State Fire Service Association - Fire Service Unit Negotiations for 2015-16 Successor Agreement The State of Florida and the Florida State Fire Service Association have not reached agreement to date on the following articles in their negotiations for a 2015-16 successor collective bargaining agreement: Article 6 Grievance Procedure Article 7 - Disciplinary Action Article 9 Voluntary Reassignment. Transfer. Change in Duty Station and Promotions (State proposed title change to Reassignment. Lateral Action, Transfer. Change in Duty Station, and Promotion) Article 13 Health and Welfare Article 23 Hours of Work and Overtime Article 25 - Wages Article 26 - Vacant (Proposed by union as new Promotional Step Pay Plan System article) Date: February 4. 2015 American Federation of State, County and Municipal Employees Human Services. Services, and Administrative and Clerical Units Negotiations for 2015-16 Successor Agreement The State of Florida and the American Federation of State. County and Municipal Employees have not reached agreement to date on the following articles in their negotiations for a 2015-16 successor collective bargaining agreement: Article 25 - Wages Date: February 4, 2015 Police Benevolent Association Speclal Agent Unit Negotiations for 2015-16 Successor Agreement The State of Florida and the Police Benevolent Association have not reached agreement on the following articles in their negotiations for a 2015-16 successor collective bargaining agreement: Article 23 - Workday. Workweek and Overtime Article 24 On-Call, Call-Back, and Court Appearances Article 25 Wages Date: February 4. 2015 Police Benevolent Association - Law Enforcement Unit Negotiations for 2015-16 Successor Agreement The Stateyof Florida and the Police-Benevolent Association have not reached agreement on the following articles in their negotiations for 3 2015-16 successor collective bargaining agreement: Article 18 Hours of Work. Leave and Job-Connected Disability Article 25 - Wages Date: February 4, 2015 Police Benevolent Association Florida Highway Patrol Unit Negotiations for 2015-16 Successor Agreement The State of Florida and the Police Benevolent Association have not reached agreement on the following articles in their negotiations for a 2015-16 successor collective bargaining agreement; Article 18 Hours of Work. Leave and Job-Connected Disability Article 25 - Wages Date: February 4, 2015 Teamsters Local Union No. 2011 - Security Services Unit Negotiations for 2015-16 Successor Agreement The State of Florida and the Teamsters Local Union No. 2011 have not reached agreement on the following articles in their negotiations for a 2015-16 successor collective bargaining agreement: Article 3 - Vacant (Proposed by union as new Dues Deduction article) Article 4 No Discrimination Article 5 Union Activities and Employee Representation Article 6 Grievance Procedure Article 7 Discipline and Discharge Article 8 - Workforce Reduction Article 9 Reassignment. Transfer. Change in Duty Station (State prOposed title change to Lateral Action. Reassignment, Transfer. Change in Duty Station) Article 10 Promotions Article 11 - Classi?cation Review Article 12 Personnel Records Article 13 Safety Article 18 Leaves of Absence Article 24 On-Call Assignment and Call-Back Article 25 Wages Article 26 Uniform and Insignia Date: February 4, 2015 Florida Nurses Association Professional Health Care Unit Negotiations for 2015-16 Successor Agreement The State of Florida and the Florida Nurses Association have not reached agreement on the following articles in their negotiations for 3 2015-16 successor collective bargaining agreement: Article 3 Vacant (Proposed by union as new Dues Checkoff article) Article 5 Employee Representation and Association Activities Article 6 Grievance Procedure Article 7 - Disciplinary Action Article 6 - Work Force Reduction Article 10 - Promotions Article 12 Personnel Records Article 23 Hours of Work/Compensatory Time Article 25 Wages Article 26 - Differential Pay Article 31 Vacant (Proposed by union as new Prevailing Rights article) Date: February 4, 2015 Federation of Physicians and Dentists Selected Exempt Service Physiclans Unit Negotiations for 2015-16 Successor Agreement The State of Florida and the Federation of Physicians and Dentists have not reached agreement on the following articles in their negotiations for a 2015-16 successor collective bargaining agreement: Article 7 Employee Standards of Conduct and Performance Article 12 Personnel Records Article 18 - Wages Article 19 Insurance Bene?ts Union Preposed New Article Retirement Bene?ts Date: February 4. 2015 Federation of Physicians and Dentists Selected Exempt Service Supervisory Non-Professional Unit Negotiations for 2015-16 Successor Agreement The State of Florida and the Federation of Physicians and Dentists have not reached agreement on the following articles in their negotiations for 3 2015-16 successor collective bargaining agreement: Article 7 Employee Standards of Conduct Article 12 - Personnel Records Article 23 - Insurance Bene?ts Article 25 Wages Union PrOposed New Article Retirement Bene?ts Date: February 4, 2015 State Employees Attorneys Guild Selected Exempt Service Attorneys Unit Negotiations for 2015-16 Successor Agreement The State of Florida and the State Employees Attorneys Guild have not reached agreement on the following articles in their negotiations for a 2015-16 successor collective bargaining agreement: Article 7 Employee Standards of Conduct and Performance Article 12 - Personnel Records Article 18 Wages Article 19 Insurance Bene?ts Union Proposed New Article Retirement Bene?ts Date: February 4, 2015 From: To: Subject: FW: Noti?cation of Collective Impasse - sate Personnel System - Fiscal Year 2015-16 Arb'dis at Impasse for each Bargaining Unit Date: Wednesday, February 04, 2015 6:22:23 PM Atladaments: Noti? . - - - Importance: High Please print for me and create a notebook. Thanks. From: Roberts, Patty Sent: Wednesday, February 04, 2015 2:27 PM To: Williamson, Heather; Delaney, Gus; McVaney, Joe; McSwain, Ross Cc: Gibson, Ben; Tondee, Renee; Conroy, Bruce; Larson, Sharon; Williams, Marlene; Jeanette Wynn; Hector Ramos ?rsiwica@eganlev.com' fpd@comcast.net; Hal Johnson; 'Holly E. Van Horsten'; mriley2011@outlook.com; Mattimore, Mike; Sarah Linkus; Parry, Jim; Whitley, Claire; Hooker, John; Okwabi, Jennifer Subject: Noti?cation of Collective Bargaining Impasse - State Personnel System - Fiscal Year 2015-16 - Articles at Impasse for each Bargaining Unit Importance: High Good Afternoon, On behalf of the state?s Chief Labor Negotiator, Michael Mattimore, we respectfully submit the attached Notification of Collective Bargaining Impasse between the Governor and the seven employee organizations representing 13 bargaining units of state employees in the State Personnel System, including the articles at impasse for each of the bargaining units. If you have questions or concerns, please contact Mr. Mattimore at (850) 561-3503, orJim Parry, Assistant General Counsel for the Department of Management Services, at (850) 414-7646. Sincerely, Patty S. Roberts Human Resource Consultant Florida Department of Management Services Office of the General Counsel 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950 Phone: (850) 487-9464 Fax: (850) 922-6312 "We Serve Those Who Serve Florida" What?s . Mar/(mg The information contained in this e-rnail and accompanying attachments may constitute attorney work product, collective ?mummy 5mm 0, other con?dential information which would be legally privileged and exempt from disclosure as a public record. it :5 Intended amtyfar the addresseefs} indicated above. if you are not the intended recipient of this information, any disclosure, copying, dist-(Imam, a, the mka of my action in reliance on this information is strictly prohibited. if you received this email in error, please notify the sender immediately by return eH mail or by calling (850) 487-1032. Additionally, please note that Florida has a very broad public records law. Unless expressly exempt, this or any other written communication with this o??ice may be subject to public disclosure. nomad] DEPARTMENT of . 175$ a a Office of the General Counsel - SERVICES We ?m 5m? Tel: 350.437.1052 Fax: 350.922.6312 Rick Scolt. Governor Chad Poppell, Secretary February 4, 2015 The Honorable Andy Gardiner, President The Florida Senate 409, The Capitol 404 South Monroe Street Tallahassee, Florida 32399-1100 The Honorable Steve Crisafulli, Speaker Florida House of Representatives 420, The Capitol 402 South Monroe Street Tallahassee, Florida 32399-1300 Re: Noti?cation of Collective Bargaining Impasse Dear President Gardiner and Speaker Crisafulli: As indicated in our letter dated January 30, 2015, an impasse has occurred in the collective bargaining negotiations between the Governor and the seven employee associations representing 13 bargaining units of state employees. pursuant to section Florida Statutes. In accordance with section Florida Statutes, we are respectfully submitting for resolution the attached list of collective bargaining contract articles on which the parties have not reached agreement as of the date of this letter. Negotiations continue and we will inform you of any tentative agreements reached by the parties regarding these impasse articles. if you have questions or concerns, please contact me at 561-3503, or Jim Parry, Assistant General Counsel for the Department of Management Services, at 414-7646. Sincerely, %c?hael Mattimore 3 Chief Labor Negotiator Attachment cc: Mike Hogan, Chairman, Public Employees Relations Commission Ben Gibson, Assistant General Counsel, Executive Of?ce of Governor Rick Scott Renee Tondee, Policy Coordinator, Of?ce of Policy and Budget Chad Poppell, Secretary, Department of Management Services Bruce Conroy, General Counsel, Department of Management Services Sharon Larson, Director, Human Resource Management, Department of Management Services Marlene Williams, Legislative Affairs Director, Department of Management Services .l Florida State Fire Service Association Fire Service Unit Negotiations for 2015-16 Successor Agreement The State of Florida and the Florida State Fire Service Association have not reached agreement to date on the following articles in their negotiations for a 2015-16 successor collective bargaining agreement: Article 6 - Grievance Procedure Article 7 - Disciplinary Action Article 9 Voluntary Reassignment, Transfer. Change in Duty Station and Promotions (State proposed title change to Reassignment. Lateral Action. Transfer. Change in Duty Station. and Promotion) Article 13 - Health and Welfare . Article 23 Hours of Work and Overtime Article 25 Wages Article 26 - Vacant (Proposed by union as new Promotional Step Pay Plan System article) Date: February 4. 2015 American Federation of State, County and Municipal Employees - Human Services, Professional..0perational Services. and Administratlve and Clerical Units Negotiations for 2015-16 Successor Agreement The State of Florida and the American Federation of State. County and Municipal Employees have not reached agreement to date on the following articles in their negotiations for a 2015-16 successor collective bargaining agreement: Article 25 - Wages Date: February 4, 2015 Police Benevolent Association Speclal Agent Unit Negotiations for 2015-16 Successor Agreement The State of Florida and the Police Benevolent Association have not reached agreement on the following articles in their negotiations for a 2015-16 successor collective bargaining agreement: Article 23 Workday, Workweek and Overtime Article 24 On-Call. Call-Back, and Court Appearances Article 25 Wages Date: February 4, 2015 Police Benevolent Association Law Enforcement Unit Negotiations for 2015-16 Successor Agreement The State_of Florida and the Police?Benevolent Association have not reached agreement on the following articles in their negotiations for a 2015-16 successor collective bargaining agreement: Article 18 - Hours of Work. Leave and Job-Connected Disability Article 25 Wages Date: February 4. 2015 Police Benevolent Association Florida Highway Patrol Unit Negotiations for 2015-16 Successor Agreement The State of Florida and the Police Benevolent Association have not reached agreement on the following articles in their negotiations for a 2015-16 successor collective bargaining agreement: Article 18 - Hours of Work, Leave and Job-Connected Disability Article 25 - Wages Date: February 4, 2015 Teamsters Local Union No. 2011 Security Services Unit Negotiations for 2015-16 Successor Agreement The State of Florida and the Teamsters Local Union No. 2011 have not reached agreement on the following articles in their negotiations for a 2015-16 successor collective bargaining agreement: Article 3 Vacant (Proposed by union as new Dues Deduction article) Article 4 No Discrimination Article 5 Union Activities and Employee Representation Article 6 Grievance Procedure Article 7 - Discipline and Discharge Article 8 - Workforce Reduction Article 9 Reassignment. Transfer. Change in Duty Station (State proposed title change to Lateral Action, Reassignment. Transfer, Change in Duty Station) Article 10 Promotions Article 11 - Classi?cation Review Article 12 - Personnel Records Article 13 - Safety Article 18 Leaves of Absence Article 24 - On-Call Assignment and Call-Back Article 25 - Wages Article 26 - Uniform and Insignia Date: February 4. 2015 Florida Nurses Association Professional Health Care Unit Negotiatlons for 2015-16 Successor Agreement The State of Florida and the Florida Nurses Association have not reached agreement on the following articles in their negotiations for a 2015-16 successor collective bargaining agreement; Article 3 Vacant (Proposed by union as new Dues Checkoff article) Article 5 Employee Representation and Association Activities Article 6 - Grievance Procedure Article 7 Disciplinary Action Article 8 - Work Force Reduction Article 10 Promotions Article 12 Personnel Records Article 23 Hours of WorkICompensatory Time Article 25 Wages Article 26 Differential Pay Article 31 -- Vacant (Proposed by union as new Prevailing Rights article) Date: February 4, 2015 Federation of Physicians and Dentists - Selected Exempt Service Physiclans Unit Negotiations for 2015-16 Successor Agreement The State of Florida and the Federation of Physicians and Dentists have not reached agreement on the following articles in their negotiations for a 2015-16 successor collective bargaining agreement: Article 7 Employee Standards of Conduct and Performance Article 12 Personnel Records Article 18 - Wages Article 19 Insurance Bene?ts Union Preposed New Article Retirement Benefits Date: February 4. 2015 Federation of Physicians and Dentists Selected Exempt Service Supervisory Non-Professional Unit Negotiations for 2015-16 Successor Agreement The State of Florida and the Federation of Physicians and Dentists have not reached agreement on the following articles in their negotiations for 3 2015-16 successor collective bargaining agreement: Article 7 Employee Standards of Conduct Article 12 Personnel Records Article 23 - Insurance Bene?ts Article 25 - Wages Union Proposed New Article Retirement Bene?ts Date: February 4. 2015 State Employees Attorneys Guild - Selected Exempt Service Attorneys Unit Negotiations for 2015-16 Successor Agreement The State of Florida and the State Employees Attorneys Guild have not reached agreement on the following articles in their negotiations for a 2015-16 successor collective bargaining agreement: Article 7 Employee Standards of Conduct and Performance Article 12 - Personnel Records Article 18 Wages Article 19 Insurance Bene?ts Union Proposed New Article Retirement Bene?ts Date: February 4. 2015 From: 51mm To: ?Ea?gs, 5:15" Cc: magni?er Subject: RE: Flag Noti?cation Email List for DMS Date: Wednesday, February 04, 2015 3:31:20 PM The nks! From: Parks, Kris Sent: Wednesday, February 04, 2015 3:27 PM To: Gibson, Ben Cc: Barfield, Ann; Jara, Michael; Berger, Tom Subject: Flag Noti?cation Email List for DMS Ben, Per your request the emails listed below should be included for the flag notification emails: Ann Barfield Kris Parks Mike Jara MisbaeLLaLanmLm?LoLLda You can address the memo to Tom Berger, Director of Real Estate Development and Management. Thank you, Kris Kris Parks Director?s Office Real Estate Development and Management Department of Management Services (850) 414.9712 From: Min: To: Cc: Wu; lemme; 32mm Subject: Flag Noti?ation Email List for DMS Date: Wednesday, February 04, 2015 3:27:33 PM Ben, Per your request the emails listed below should be included for the flag notification emails: Ann Barfield Kris Parks WW Mike Jara WW You can address the memo to Tom Berger, Director of Real Estate Development and Management. Thank you, Kris Kris Parks Director?s Office Real Estate Development and Management Department of Management Services (850) 414.9712 From: Wu To: gaming; 111mm; museum; Mam Subject: Daily News Summary - Feb. 4, 2015 Date: Wednesday, February 04, 2015 2:57:18 PM FEBRUARY 4, 2015 Legal Profession LAW SCHOOL ENROLLMENT AMONG MINORITIES DECREASES INCREASES AT UP AND FSU 89.1 Article February 3, 2015 Nationally, there has been a steady decrease in applications of minorities to law schools. From 2012 to 2013, African?American applicants dropped 9.4 percent, according to a Law School Admission Council annual report. However, minority enrollment at Florida State University's College of Law and University of Florida's Levin College of Law has increased. Minorities made up 33.8 percent of the incoming class in fall 2014 at the University of Florida's law school, according to a class profile from the law school website, a jump from 26.8 percent in the 2010?11 academic year. Jennifer Kessinger, the director of admissions for Florida State University?s College of Law, said FSU's uni?ed student body and support among students has contributed to the rise in minority enrollment. Legal Profession SLOWING THE BRAIN DRAIN OF PUBLIC LAWYERS WFSU Newsroom Article February 3, 2015 At Hillsborough Public Defender Julianne Holt's office, some attorneys juggle 160 cases at any given time. Higher pay and shorter hours lure them to private firms. Holt says most attorneys begin their public service heavily in debt. Sen. Jeremy Ring, D-Margate, moved a step closer Tuesday [Feb. 3] to what he thinks is a solution. The Senate Judiciary Committee unanimously passed his proposal that would set aside about $6 million in general revenue to help prosecutors and public defenders pay off law school student loans. Senate staff estimates that 1,314 public defenders and prosecutors could benefit, as well as another 97 lawyers who work for the state attorney general. Legislature SOUTH FLORIDA CONGRESSWOMAN WANTS LAW FORCING VACCINATIONS FOR ALL PUBLIC SCHOOL STUDENTS South Florida Sun-Sentinel Article February 3, 2015 US. Rep. Frederica Wilson, a South Florida Democrat, said Tuesday [Feb. 3] she wants a federal law mandating vaccinations for all public school students. The topic has become controversial as measles has spread through several states, especially in areas where many parents choose not to have their children vaccinated. It's become a political issue as well, with some strongly favoring vaccinations and others saying parents should get leeway to do as they see fit with their children. Wilson, a former member of the Miami-Dade School Board, said she would file legislation with the vaccine mandate with what her office said would be only "minimal exceptions." Legal Discipline ATTORNEY: DUI SETUP SHOULD RESULT IN DEATH Fox 13 Article February 3, 2015 The discipline process involving attorneys Stephen Diaco, Robert Adams and Adam Filthaut continued last week. The Florida Bar accuses Diaco and the two other attorneys of orchestrating the arrest of rival attorney Phil Campbell during the middle of a contentious trial. All three are facing ethical violations that could include suspension or even possible disbarment. At his deposition last week, Diaco refused to answer any questions about the DUI setup and invoked his right to the Fifth Amendment. John Fitzgibbons, Campbell's attorney, says it's time these attorneys face legal punishments. Legislature FLORIDA LAWMAKERS T0 REVISIT SEXTING LAW Miami Herald Article February 3, 2015 In 2011, Florida lawmakers passed a law that makes sexting a noncriminal violation for minors who are ?rst-time offenders, but they may have inadvertently made sexting a crime that can't be punished. An appellate judge in West Palm Beach last month pointed out that no court in Florida has jurisdiction over civil offenses for minors. If teenagers cannot be punished for a first violation, they cannot be punished for a second or third violation either. Sen. Joseph Abruzzo, 3 Wellington Democrat who carried the sexting bill in 2011, said he plans to propose a fix. Abruzzo has been working with the Palm Beach County state attorney on a solution. They are proposing a ?x to the enforcement issue, as well as a requirement that 80 percent of the money collected in fines be spent on cyber safety programs for children and teens. Other LEARN HOW TO USE THESE TWITTER FUNCTIONS The Florida Bar Tech Tip February 3, 2015 Are you new to the world of Twitter? Here are a few things you need to know. For more information on this tip and others, visit the Tech Tips page. From: 51mm To: Wines Subject: FW: Letter to remove Councilmember Date: Wednesday, February 04, 2015 9:37:37 AM From: Lomagistro, Collin Sent: Wednesday, February 04, 2015 9:36 AM To: Gibson, Ben Subject: FW: Letter to remove Councilmember FYI From: MURZINDAVE Sent: Wednesday, February 04, 2015 8:15 AM To: Lomagistro, Collin Subject: FW: Letter to remove Councilmember Collin, here is one of several contacts. The Supervisor of Elections in Okaloosa County contact info (Paul Lux) who is familiar with this as well. Election Headquarters (Crestview): 850.689.5600 Branch Of?ce (Fort Walton Beach): 850.651.7272 Email: Visit us online at Thank you for helping get me in theiright place. Dave Murzin Senator Greg Evers 308 Senate Office Building 404 5 Monroe St Tallahassee Fl. 32399-1100 850487?5002 Cell 850 380 8249 From: Robby Adams Sent: Tuesday, February 03, 2015 6:30 PM To: EVERS.GREG Subject: Letter to remove Councilmember Senator Evers, I would appreciate a call back from you concerning the information that I received, that you had submitted a request to the Governor to remove one of the City of Laurel Hill's sitting Council Members. I spoke with you brie?y on Monday, February 2nd 2:48 pm, and you were suppose to return my call that afternoon after your meeting. I then left you a voicemail on Tuesday, February 3rd 1:10 pm. It is very important that I talk to you about this matter because we have a meeting where this matter will be a topic. I look forward to hearing from you. You can reach me on my Robby L. Adams Mayor, Laurel Hill Sent from my iPhone From: To: 51mm Subject: FW: Letter to remove Councilmember Date: Wednesday, February 04, 2015 9:36:26 AM From: MURZIN.DAVE Sent: Wednesday, February 04, 2015 8:15 AM To: Lomagistro,r Collin Subject: FW: Letter to remove Councilmember Collin, here is one of several contacts. The Supervisor of Elections in Okaloosa County contact Info (Paul tux) who is familiar with this as well. Election Headquarters (Crestview): 850.689.5600 Branch Office (Fort Walton Beach): 850.651.7272 Email: 1iux@co.okaloos Visit us online at Thank you for helping get me in the right place. Dave Murzin Senator Greg Evers 308 Senate Office Building 404 5 Monroe St Tallahassee Fl. 32399-1100 850-487-5002 Cell 850 380 8249 From: Robby Adams Sent: Tuesday, February 03, 2015 6:30 PM To: EVERS.GREG Subject: Letter to remove Councilmember Senator Evers, I would appreciate a call back from you concerning the information that I received, that you had submitted a request to the Governor to remove one of the City of Laurel Hill's sitting Council Members. I spoke with you brie?y on Monday, February 2nd 2:48 pm, and you were suppose to return my call that afternoon after your meeting. I then left you a voicemail on Tuesday, February 3rd 1:10 pm. It is very important that I talk to you about this matter because we have a meeting scheduledmm?mwi?pm, where this matter will be a tepic. I look forward to hearing from you. You can reach me on my calm. Robby L. Adams Mayor, Laurel Hill Sent from my iPhone From: 53mm To: 91mm Subject: RE: Date: Wednesday, February 04, 2015 9:29:23 AM Ok, let me know. Thanks. Dawn Hanson Director of Administration Executive Of?ce of the Governor (850) 717-9210 r- 1 2" I 1 What's Working TO From: Gibson, Ben Sent: Wednesday, February 04, 2015 9:28 AM To: Hanson, Dawn Cc: Galloway, Dana Subject: RE: I parked in spot #96 temporarily. Dana told me that was an open spot. Will get the tag tr as soon as I get down there. Thanks From: Hanson, Dawn Sent: Wednesday, February 04, 2015 8:56 AM To: Gibson, Ben Subject: Please get the tag number. Dawn Hanson Director of Administration Executive Of?ce of the Governor (850) 717-9210 '5 Wgrking mom" From: To: Cc: Subject: RE: Date: Wednesday, February 04, 2015 9:28:07 AM I parked in spot #96 temporarily. Dana told me that was an open spot. Will get the tag it as soon as get down there. Thanks From: Hanson, Dawn Sent: Wednesday, February 04, 2015 8:56 AM To: Gibson, Ben Subject: Please get the tag number. Dawn Hanson Director of Administration Executive Of?ce of the Governor (850) 717-9210 From: T0: Mil Subject: FW: Bill Analysis Review Date: Wednesday, February 04, 2015 9:12:49 AM Attachment: WM For your review. Please call to discuss. From: Analysis, GGU Sent: Friday, January 30, 2015 4:32 PM To: Emmanuel, Christopher Subject: FW: Bill Analysis Review From: Schwarz, Cody Sent: Thursday, January 29, 2015 4:53 PM To: Analysis, GGU Cc: Williams, Marlene Subject: Bill Analysis Review Good afternoon, Attached, please find bill analyses for review/approval. Let me know should you have any questions or concerns. Thank you, Cody Schwarz Deputy Director of Legislative Affairs Office of the Secretary Florida Department of Management Services Tallahassee, Florida 32399-0950 (850) 922-6535 (850) 694-3399 "We Serve Those Who Serve Florida" 2015 LEGISLATIVE BILL ANALYSIS DEPARTMENT, OF MANAGEMENT SERVICES (DMS) BILL INFORMATION BILL NUMBER: SB 156 BILL TITLE: Prohibited Discrimination - Floritg Competitive Workforce Act BILL SPONSOR: Senator Joseph Abruzzo EFFECTIVE DATE: July 1, 2015 OF REFERENCE CURRENT COMMITTEE 1) Commerce and Tourism 2) Judiciary SIMILAR L8 3) Governmental Oversight and Accountability BIL BILL NUMBER: HB 33 4) Rm? 35 SPONSOR: Representatives Holly Merrill Raschein 5) IDENTICAL BILLS PREVIOUS LEGISLATION BILL NUMBER: BILL SB 348 and HB 239 SPONSOR: Senator Joseph Abruzzo Representative Holly Merrill Raschein and Representative IS THIS AGENCY Saunders YEAR: 2014 SB 348: 5/2/2014 - Died in Commerce and Tourism LAST HB 239: 5/2/2014 - Died in Civil Justice Subcommittee BILL ANALYSIS INFORMATION DATE OF ANALYSIS: December 15. 2014 LEAD AGENCY ANALYST: Marlene Williams, Legislative Affairs Director, (850) 488-6285 Sharon D. Larson, Director, Division of Human Resource Management . (850) 413-8725 DIVISION Anna Gray. Workforce Development and Bene?ts Manager, (850) 487-1508 Donna O'Steen. SPHR. HR Consultant, (850) 413-9498 LEGAL ANALYST: Jim Parry, Assistant General Counsel, (850) 414-7646 FISCAL ANALYST: Richard Perritti, Budget Director, (850) 487-0364 2015 DMS Bill Analysis 1. POLICY ANALYSIS EXECUTIVE SUMMARY This pr0posed bill amends several sections of Chapter 760. Florida Statutes (F.S.). titled Discrimination in the Treatment of Persons; Minority Representation; section 509.092. F.S., titled Public lodging establishments and public food service establishments; rights as private enterprises; and section 419.001. F.S., titled Site selection of community residential homes. Additionally, the bill creates the "Florida Competitive Workforce Act.? These sections are amended to provide civil protections against discrimination on the basis of sexual orientation and gender identity or expression. The bill also de?nes additional terms such as sexual orientation and gender identity or expression. This bill potentially affects public businesses outside of the State Personnel System however. this analysis only relates to its effects within the SPS which means the employment system comprised of positions in the Career Service. Selected Exempt Service, or Senior Management Service within all agencies. As such. this analysis does not apply to the State University System. the Florida Lottery. the Legislature. the Justice Administration System. or the State Courts System. This bill would take effect July 1. 2015. 2. SUBSTANTIVE BILL ANALYSIS 1. PRESENT SITUATION: Currently. State of Florida laws do not prohibit discrimination based on sexual orientation and gender identity or expression. State and Local Governments are currently required to comply with Title VII of the Civil Rights Act of 1964 (Title VII). which provides protection against discrimination on the basis of sex. race. color. religion. and national origin. The US. Equal Employment Opportunity Commission (EEOC). the agency reSponsible for enforcement of Title VII. issued a decision in the case of Macy v. the Department of Justice on April 20. 2012. that discrimination based on gender stereotyping or gender identity is prohibited activity covered by Title VII. further expanding the de?nition of "sex". Although the ruling is not binding on the courts. the EEOC announced it is applying this decision to all of its enforcement and litigation activities in both the public and private sector. Additionally. the Employment Non-Discrimination Act (ENDA) is a proposed federal bill (S. 815. HR 1755) that will prohibit discrimination in the workplace on the basis of sexual orientation or gender identity for civilian nonreligious employers with over 15 employees. The last action on this bill was during the 113?h Congress which passed the Senate on November 7. 2013 and on January 8. 2014 was referred to a House subcommittee. The new 114"1 Congress convenes on January 3. 2015 and it is unknown if ENDA will be reintroduced. Currently. there is no federal law that expressly cites actual or perceived sexual orientation or gender identity as a protected class. EFFECT OF THE BILL: This proposed bill amends several sections of Chapter 760. PS. titled Discrimination in the Treatment of Persons; Minority Representation; section 509.092. F.S.. titled Public lodging establishments and public food service establishments; rights as private enterprises; and section 419.001. F.S. titled Site selection of community residential homes. The proposed amendments in Senate Bill 156 will broadly cover discrimination issues both inside and outside the workplace. With passage. sexual orientation and gender identity or expression will be considered a 'protected class' under state law. Persons within these classes will receive protection from discrimination in education, employment, housing. and public accommodations. Consequently. state agencies would need to update their recruitment and other personnel policies to comply. 2015 DMS Bill Analysis 3. DOES THE LEGISLATION DIRECT 0R ALLOW THE TO DEVELOP, ADOPT, OR ELIMINATE RULES, REGULATIONS, POLICIES, 0R If yes, explain: Yes What is the expected impact to the agency's core None mission? Rule(s) impacted (provide There are no applicable rules. However, at a minimum, this legislation would references to obligate individual SPS agencies to review their current employment policies and procedures to make any adjustments necessary to ensure consistency with the intent of this bill. 4. WHAT IS THE POSITION OF AFFECTED CITIZENS OR STAKEHOLDER List any known proponents Provide a summary of the prOponents' and opponents? positions 5. ARE THERE ANY REPORTS OR STUDIES REQUIRED BY THIS If yes. provide a description: No Due Date: Bill Section Number(s): 6. DOES THE LEGISLATION REQUIRE ANY GUBERNATORIAL APPOINTMENTS OR CHANGES TO EXISTING BOARDS, TASK FORCES, COUNCILS, COMMISSION, ETC., REQURIED BY THIS Board: NO Board Purpose: Appointing Body: Appointee Term: Changes: Bill Section Number(s): FISCAL ANALYSIS 1. WHAT IS THE FISCAL IMPACT TO LOCAL Revenues: None Expenditures: None (unless for litigation based on discrimination) Does the legislation NO increase local taxes or fees? If yes, does the legislation provide for a local referendum or local governing body public vote prior to implementation of the tax or fee increase? 2015 DMS am Analysis 2. WHAT IS THE FISCAL IMPACT TO STATE an appropriation for state government? Revenues: None Expenditures: None (unless for litigation based on discrimination) Does the legislation contain No If yes, was this appropriated last year? 3. WHAT IS THE FISCAL IMPACT TO THE PRIVATE Revenues: None Expenditures: None (unless for litigation based on discrimination) Other: 4. DOES THE BILL INCREASE OR DECREASE TAXES, FEES, OR Does the bill increase taxes, fees or ?nes? No Does the bill decrease taxes, fees or ?nes? NO What is the impact of the increase or decrease? Bill Section Number: TECHNOLOGY IMPACT Does the legislation impact the agency's technology systems IT support, licensing software. data storage, etc.)? No If yes, describe the anticipated impact to the agency, including any ?scal impact. FEDERAL IMPACT Does the legislation have a federal impact federal compliance, federal funding, federal agency involvement, etc.)? No, as previously noted the 113In Congress had introduced the Employment Non-Discrimination Act (ENDA) as a proposed federal bill (S. 815. HR 1755) that would prohibit discrimination in the workplace on the basis of sexual orientation or gender identity for civilian nonreligious employers with over 15 employees. This bill passed the Senate on November 7, 2013 and on January 8, 2014 was referred to a House subcommittee. The new 1141" Congress convenes on January 3, 2015 and it is unknown if EN DA will be reintroduced. Currently, there is no federal law that expressly cites actual or perceived sexual orientation or gender identity as a protected class. If yes, describe the anticipated impact, including 2015 DMS Bill Analysis any ?scal impact. 7 ADDITIONAL COMMENTS It is recommended that the use of "gender" on lines 143, 446, 459 be changed to "sex" in order to comport with language used elsewhere in Chapter 760. F.S., and within this bill. LEGAL REVIEW and recommended action: A. Does the proposed legislation con?ict with existing federal law or regulations? If so, what laws andlor regulations? No B. Does the proposed legislation raise signi?cant constitutional concerns under the US. or Florida Constitutions separation of powers. access to the courts, equal protection, free speech, establishment clause, or impairment of contracts)? No C. Is the proposed legislation likely to generate litigation and. if so. from what interest groups or parties? Yes This legislation provides additional grounds for claims of discrimination to be pursued by those who allege that they have been discriminated against due to their sexual orientation or gender identity. There will also likely be opposition to the legislation from groups that oppose broadening legal protections for those in the LGBT community. D. Other: From: To: Subject: Need someone to come down and cover team meeting at 9:15. Date: Wednesday, February 04, 2015 9:00:41 AM Sent from my iPhone From: Winn To: 9mm Date: Wednesday, February 04, 2015 8:55:59 AM Please get the tag number. Dawn Hanson Director of Administration Executive Of?ce of the Governor (850) 717-9210 I ma ermg Barnes, Kelly From: Gibson, Ben Sent: Wednesday. February 04, 2015 8:52 AM To: Hawkes, Kim Subject: Accepted: FW: Scheduling Barnes, Kelly From: Gibson. Ben Sent: Wednesday. February 04, 2015 8:52 AM To: Mail Attender Service Account Subject: Accepted: FW: Scheduling Barnes, Kelly From: Gibson, Ben Sent: Wednesday, February 04. 2015 8:52 AM To: Piepenbrink, Brad Subject: Accepted: FW: Scheduling From: To: Subject: Date: Ben Gibson Sb 150 Wednesday, February 04, 2015 7:31:18 AM From: To: War Cc: Wu Subject: Arcla v. Detzner Dalia: Tuesday, February 03, 2015 4:55:00 PM Attachments: WW 0m Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida of State 500 South Bronough Street, Suite 100 Tallahassee, Florida 32399-0250 850.245.6536 850.245.6127 . . Wm Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Departrnent of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. rkin FL The Department of Slate is committed to excellence. Em Please take our Customer Satisfaction Case: 12?15738 Date F?ledf Page: 1 of 1 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 12-I5738-EE KARLA VANESSA ARCIA, Individually, MELANDE ANTOINE, Individually, FLORIDA IMMIGRANT COALITION, INC., Non-Pro?t Corporation, NATIONAL CONGRESS FOR PUERTO RICAN RIGHTS, Non-Profit Corporation, et aI., Plaintiffs - Appellants, versus FLORIDA SECRETARY OF STATE. Defendant - Appellee, LUIS I. GARCIA, et al., lntervenor Defendants. Appeal from the United States District Court for the Southern District of Florida ORDER: Appellants' motion for an extension of time for filing the following document is GRANTED. Appellants? reply to the response to the motion for attorneys? fees is due ?lae?w XIJNITED TATES CIRCUIT JUDGE February 13, 2015. Case: 12-15738 Date HM 22/03/2015 Page: 1 of 1 UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ELBERT FARR COURT OF APPEALS BUILDING 56 Forsth Street, NW. Atlanta, Georgia 30303 Amy C. Nerenberg For rules and Forms visit Acting Clerk of Court mung? gov February 03, 2015 Marc A. Goldman Jenner Block, LLP 1099 NEW YORK AVE NW STE 900 WASHINGTON, DC 20001-4412 Appeal Number: 12-1573 8-EE Case Style: Karla Arcia, et al v. Florida Secretary of State District Court Docket No: This Court requires all counsel to ?le documents electronically using the Electronic Case Files system, unless exempted for good cause. The following action has been taken in the referenced case: The enclosed order has been ENTERED. Sincerely, AMY C. NERENBERG, Acting Clerk of Court Reply to: Lois Tunstall, EE Phone (404) 335-6224 EXT-1 Extension of time From: To: lemming: CC: 51mm Subject: DEADLINES Date: Tuesday, February 03, 2015 4:54:58 PM ?mwmenm ?ea/a? ExecutiVe Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 500 South Bronough Street, Suite 100 Tallahassee, Florida 32399-0250 at 850.245.6536 850.245.6127 l. . a 1 . We Note: This response is provided for reference only and does not constitute a formal legal opinion or representation ?'om the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. The Department of State is committed to excellence. Please take our Customer Satisfaction Survev. Feb 13 15 17 24/25 26 ?nar iApr? A?ay 15 June 15 2015 DEADLINE DEADLINE DEADLINE DEADLINE DEADLINE DEADLINE DEADLINE 2015 2015 DEADLINE 2015 DEADLINE DEADLINE 2015 DEADLINE DEADLINE DEADLINES Thurston - FEC: Thurston's Reply to Commission due Andrews: Respondent file response within 20 days of service of the Second Amended Petition St. Michael Press (14-15309): Telephonic Mediation at 10 am. Warm Mineral Springs: Discovery cutoff St. Michael Press (14-15309): Appellee SOF Brief Due Thurston - FEC: FEC Hearing LOWV v. Detzner 8; Bondi (1014-5614): Appellant to file index and records on appeal LOWV v. Detzner (504?1905): Oral Argument 9 am. Warm Mineral Springs: Dispositive Motions, Daubert and Markman Warm Mineral Springs: In Person to Prepare Joint Final Pretrial Statement Warm Mineral Springs: Joint Final Pretrial Statement Warm Mineral Springs: Final Pretiral Conference Warm Mineral Springs: All other Motions inciuding Motions in LII-nine 2/3/2015 DEADLINES 2/3/2015 July 2015 1 DEADUNE Warm Mineral Springs: Trial Briefs and Proposed findings of fact and conclusion of law 5 Warm Mineral Springs: Trial IORKING DEADLINE Falella - Rule Making From: To: mm Cc: mm: mm Subject: Stelnberg v. Matthews (SCH-316) Dalia: Tuesday, February 03, 2015 3:26:53 PM Attachments: Wadi 0W Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 500 South Bronough Street, Suite 100 Tallahassee, Florida 32399-0250 8 850.245.6536 850.245.6127 Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a Speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. The Department of State is committed to excelience. fill Please take our Customer gummy. Filing 23313322 E-Filed 02/03/2015 03:19:30 PM IN THE FLORIDA SUPREME COURT Case Number SC14-2316 151? DCA Case No.: 1014-3477 372014CA001645 MICHAEL STEINBERG, Petitioner, v. Daniel Matthews and Ken Detzner, Secretary of State of the State of Florida, Respondents REPLY TO RESPONSE TO PETITION FOR WRIT OF QUO WARRANTO The Florida constitution authorizes the Supreme Court, as well as the District and Circuit courts, to issue writs of quo warranto. Article V, Section 4(b)(3)and 5 Florida Constitution. The Supreme Court's exercise of jurisdiction is discretionary. The Respondent, Daniel John Matthews, was not intended to be named a Respondent in this matter. The Petitioner attempted to file the petition in conjunction with an appeal which is currently pending before this court and in which the issues are inextricably intertwined. As a Result, the Petitioner listed all parties in that appeal in the style of the case. The Respondent to the petition for a writ of quo warranto is exclusively Ken Detzner Secretary of the State of Florida. A petition for writ of quo Warranto is directed at the action of the state officer and whether such action exceeds that position's constitutional authority. Thus when bringing a petition for writ of quo warranto individual members of the public have standing as citizens and taxpayers. Chiles v. Phelps 714 So. 2d 453,456 (Fla. 1998) The petitioner posits that The Respondent does not have the constitutional authority to conduct an election not authorized under the Florida Constitution. As set forth in the petition, although votes were cast and results were tallied, the election for state House of Representatives District 64, was determined by the District Court of Appeals, before the election took place, to not be proper, because it was set up as an Open election where voters, regardless of party affiliation, could vote, and a candidate who had qualified, as a write?in candidate had been improperly excluded. Therefore, a valid election never took place. The District Court had remanded the case back to the Circuit Court to take action consistent with its order, including the rescheduling of the election. Because the case was appealed to this court, no action had been taken by the Circuit Court. In its organizational meeting, the State House of Representatives determined that the results of the November 4, 2014 election were not valid, and therefore, House of Representatives District 64 seat was vacant. The petitioner posits that the House of Representatives did not have the authority to declare the election not valid, because it had already been declared prospectively not valid by the District Court of Appeals, before it even occurred. The House of Representatives then asked the Governor of the State of Florida to order a special election, due to the vacancy. The governor ordered a special election. The petitioner posits that the Governor did not have the authority to order a special election, because the seat was not "vacant" as that term is contemplated in the Florida Statutes and Florida Constitution. A vacancy does not occur when an election is delayed. A vacancy occurs after a valid election. It could occur if an elected official dies or resigns, is impeached, or the person elected, is not qualified to serve. In this case, the Governor could be named as a Respondent, as he did not have the authority to order a special election. Possibly the Speaker of the House could have been named as a reSpondent, because the House of Representatives did not have the authority to declare the "election" invalid. However, it is appropriate to name the Secretary of State, who is responsible for the conduct of elections, as the sole respondent. If the court finds that the Governor and/or the Speaker of the House of representatives should have been named as appropriate or necessary respondents, the petitioner would request leave to amend the petition to add the additional respondents. The petitioner posits that this matter should not be transferred to a circuit court. If this occurs, it will result in an unnecessary waste of state resources. An election is scheduled in April, 2015. If this election takes place, and it is later determined that there was no authority to conduct this election, this will result in a substantial unnecessary cost to state taxpayers. A case is currently pending before this court on the constitutionality of a state statute requiring write?in candidates to live in the district they seek to represent at the time of filing their qualification papers. If the court accepts jurisdiction of the Petitioner?s petition for writ of quo warranto and determines that the House of Representatives. had the authority to declare the "election" invalid, and determine the seat was vacant, and the governor had the authority to order a special election, and therefore, the reSpondent, had the authority to conduct a special election, this would render the sister case pending before this court, moot. Therefore, The petitioner suggests it is imperative and most appropriate for this court to rule on this petition. With respect to the merits of the petition, the facts and issues in this case are unique. It is clear that prior to an election taking place, the court has the authority to determine that a candidate did not properly qualify and direct the Secretary of State or the Supervisor of Elections to remove the candidate?s name from the ballot. It is also clear that after a valid election for a State House of Representatives seat takes place, the state House of Representatives has the sole authority to determine the results of the election and the qualifications of the person elected, to be seated. What is not clear is whether the State House of Representatives has the authority to declare an election, which has already been determined by the court, prospectively, not to be valid, and requiring a rescheduling of the election, to be invalid and the seat vacant . The petitioner suggests that the courts have the exclusive authority to determine whether candidates properly qualified and whether the correct voters were scheduled to vote, prior to a valid election taking place. Once a valid election takes place, the House of Representatives has the sole authority to determine the results and the qualifications of the person elected and the court loses jurisdiction. If ballots have already been printed and it is too late to remove the name of the candidates from the preprinted ballots, without disrupting the entire election, but prior to the election, the court has already determined that the election will not be valid, the court continues to retain jurisdiction over the election and the authority to order the rescheduling of the election between the correct candidates and by the correct voters. Assuming, arguendo, this court upholds the decision of the District Court of Appeals, in the sister case, and remands the case to the Circuit Court, and the Circuit Court reschedules the election, this would set up a conflict, as the candidates in the first election are not identical to the candidates in the special election. If this court overturns the decision of the District Court, the election should still be rescheduled by the courts. Finally, an oral argument has been scheduled for April 9, 2015, in a companion case involving the same issues. The court should address all of these issues concurrently. Respectfully Submitted, s/Michael A. Steinberg Bar number 0340065 4925 Independence Pkwy Suite 195 Tampa, FL 33634 813-221-1300 813-221?1702? facsimile mas@ssalawyers.com CERTIFICATE OF SERVICE I hereby certify that a true and correct (copy of the foregoing has been furnished to the following persons tn; electronically, this 29th day of November, 2014: J. Andrew Atkinson General Counsel Fla. Bar No.: 14135 Ashley E. Davis Assistant General Counsel Fla. Bar No.: 48032 Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 Fax No.: (850) 245?6127 Phone No.: (850) 245-6536 Ashley.Davis@dos.myflorida.com Counsel for Appellee, Florida Secretary of State Kenneth W. Detzner Mary Jewel White Counsel for Appellee for Deborah Clark, in her official capacity as Supervisor of Elections of Pinellas County, FL 315 Court St., Room 1l7 Clearwater FL 33756 mjwhiterinellascounty.org Mary Helen Farris Counsel for Appellee Craig Latimer, in his official capacity as Supervisor of Elections of Hillsborough County, 601 E. Kennedy Boulevard, 16th Floor Tampa, Florida 33602 farrism@hillsboroughcounty.org hayesdj@hillsboroughcounty.org cooneyd@hillsboroughcounty.org Harry 0. Thomas Christopher B. Lunny Radey Thomas Yon Clark, P.A. Counsel for Appellant Daniel John Matthews 301 S. Bronough Street, Ste. 200 Tallahassee, Florida 32301?1722 (850) 425-6654 (phone) (805) 425?6694 (facsimile) hthomas@radeylaw.com clunny@radeylaw.com FL CERTIFICATE OF FONT REQUIREMENT Pursuant to Florida Rules of Appellate Procedure, Rule Appellant hereby certifies that Appellant?s Brief was printed in a Courier New 12 point, s/Michael A. non?proportionally Spaced font. Steinberg Michael A. Steinberg Florida Bar number 0340065 4925 Independence Pkwy Suite 195 Tampa, FL 33634 813?2 21-1300 813-2 21?1702? facsimile mas@ssalawyers.com From: 5mm To: Subject: Re: Date: Tuesday, February 03, 2015 11:12:49 AM Ok Ben Gibson On Feb 3, 2015, at 10:57 AM, Spicola, William <3Mjlham5pimla@mx?g?da?g?m?mn> wrote: I?m in contract management training out in southwood. I will call you at 12 if that's ok. Will Sent from my iPhone From: To: Date: Tuesday, February 03, 2015 10:57:17 AM I?m in contract management training out in southwood. I will call you at 12 if that's ok. Will Sent from my iPhone From: To: Subject: Date: Attachments: We FW: Faiella v. DOS Monday, February 02, 2015 6:28:54 PM From: Wint, Diane Z. Sent: Friday, January 30, 2015 5:50 PM To: Jefferson, Tyler Cc: Gibson, Ben; Atkinson, Drew Subject: Faiella v. DOS Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 500 South Bronough Street, Suite 100 Tallahassee, Florida 32399-0250 8 850.245.6536 850.245.6127 l. . 1 .1 Note: This reSponse is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a Speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. @ltswo rkingFL The Department of State is committed to excellence. Please take our Customer Satlsfaction Survey. STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS JOANN FAIELLA, MAYOR OF THE CITY OF PORT ST. LUCIE, FLORIDA, a/k/a GIOVANNA MARIA FAIELLA, Petitioner, vs. DOAH Case Nos. 14-1917RU DIVISION OF LIBRARY AND INFORMATION SERVICES AND DEPARTMENT OF STATE, ReSpondent. JOINT STATUS REPORT COMES NOW, Respondent, Division of Library and Information Services, Department of State (hereinafter the ?Division?), and Petitioner, Joann Faiella, hereby files this joint status reportlas set forth in the Division of Administrative Hearing's (hereinafter December 24, 2014 Order Requiring Status Report and reports as follows: I- Respondent's Position 1. The rule which incorporates by reference the retention schedules that are the subject of this action was filed today, January 30, 2015, for adoption. A copy of the filed adoption.packet is attached hereto as Exhibit A. 2. The only issue that remains to be resolved is whether the 4- . . ?In and! n-4q n9. .-- Division's Basic Manual and Practice Manual constitute unadopted rules. This issue has been addressed in the Division's Motion for Partial Summary Final Judgment filed on May 9, 2014 and Petitioner's Response to Respondent's Motion for Partial Summary Final Judgment filed on May 21, 2014. II. Petitioner's Position 1. The abatement should continue, rather than.a stay, because all the unincorporated unadopted rule retention schedules and manuals challenged, have not been addressed in the proposed rule. In particular the following unadopted rules the subject of this action, have not been addressed by the notice of proposed rule: State of Florida Electronic Records and Records Management Practices, November 2010, Florida Department of State, Division of Library and Information Services, Petition Exhibit M. State of Florida The Basics of Records Management, Revised Issue Date October 2009, Florida Department of State, Division of Library and Information Services, Petition Exhibit N. 2. Four motions are still pending in this matter precluding dismissal or stay: (1) The respondents? motion for partial summary judgment concerning the above two unadopted rules, filed on May 12, 2012, and the petitioner's response in opposition to the motion filed on May 21, 2014. (Petitioner objects to supplemental briefing. as the issue was full briefed over six months ago. The Division should rule on this motion without further delay.) (2) The petitioner's Motion to Determine Entitlement to Award of Attorney Fees on Rule Challenge filed June 25, 2014, and the respondent's opposition to Determination filed June 25, 2014. (3) The petitioner's un?responded to Motion To Compel Production and Reset Status Conference Report Deadline filed December 9, 2014. (Petitioner is still seeking production of those documents to full evaluate the claimed respondents are ?proceeding expeditiously and in good faith to adopt the statement as a rule.?1 (4) The respondents' Notification of Publication of Notice of rulemaking and Request for Automatic Stay of Proceedings, filed December 19, 2014, and petitioner's response in opposition to the motion filed December 19, 2014. (See response to motion for automatic stay, for detailed argument on why a stay is not appropriate.) Section Florida Statutes. -3- Respectfully submitted on this 30th day of January} 2015. PAMELA JO EONDI ATTORNEY GENERAL ww??imgj Edward Tellechea Chief A sistant Attorney General Office of the Attorney General The Capitol Tallahassee, Florida 32399-1050 (850) 414-3754 Florida Bar No. 0865101 Attorney for Respondent JOhn J1 Anastacio John J. Anastacio, Esq. Suite 203 3601 South East Ocean Boulevard Stuart, Florida 34996 772-286-3336 john?psllaw.net Florida Bar No. 0722367 Attorney for Petitioner Joann Faiella Mayor City of Port St. deie, Florida EXHIBIT CERTIFICATION OF DEPARTMENT OF STATE ADMINISTRATIVE RULES FILED WITH THE DEPARTMENT OF STATE 9.9 certify: . . . ?l hat all Statutory rulemalang reqmrements of Chapter 120. F.S., and all mlcmalu'ng agitatian tho-r- 1v: we" Department of'Statc have been complied will]; and 1141;: a f? . [x (2) That there is no administrative determination under Seclictn 120.560), F.S., pending on any rulogov?er?by this certi?cation: and ?33" .1: J- [x (3) All rules covered by this cu??catinn are ?led within the prescribed time limitations of Section RS. They are ?led not less than 23 days after the notiCe required by Section and lx] An: ?led not more than 90 days after the notice; or Are ?led more than 90 days after the notice, but not more than 60 days after the adminisrntiVe law judge ?les the- ?nal order with the clerk or until 60 days after subsequent judicial review is complete; or Are ?led more than 90 days alter the notice? but not less than 21 daYs nor more than 45 days from the date of publication ol'the notice of change; or Are tiled more than 90 days after the notice, but not less than I4 nor more than 45 days after the adjcun?nment ofthe ?nal public hearing on the. rule; or Are ?led more than 90 days alter the notice, but within 21 days after the date ofrcceipt ofall material authorized to be submitted at the hearing; or An: ?led more than 90 dayn after the notice, but within 2] days after the date the transcript watt received by this agency; or Are ?led not more than 90 days after the notice, not including days the adoption of the rule was postponed following noti?cation from the Joint Administrative Procednms Committee that an objection to the rule Was being considered; or (It) An: ?led more than 90 days after the notice, but within 2 days a?cr a good faith Written proposal for a lower cost regulatory alternative to a propUSc-d rule is submitted which subsumially accomplishes the objectives of the law being implemented; or Are ?led more than 90 days after the notice, but within 2] days after a regulatory ahemativc is offered by the Small Business Regulatory Advisory Committee. Attached are the original and two copies of each rule by this certi?cation. The following rules are, amended. Rufc Nuts}. I Iii?24.003 Under the provision of Section F.S., the rules take effect 20 days from the data ?led with the Department of State 01' a later date as set out bclow: Effective: (month) (533?) (War) WW Signarum', Person Aurho?i?ed to Cenify Rules? Secretary of State Title Number of PagcsuCcrti?ed w__k CERTIFICATION OF MATERIALS r? I- we or REFERENCE 1N RULES FILED wma THE DEPARTMENT OF ti: 2: w? I hereby certify pursuant to Rule H.013. Florida Administrative Code: ?23; ?9 339 a Thai materials incorporated by reference in Rule 13-24.DO3 have been electronically ?lcrgi?sith tr! -e Department of State. cafe. That because there would be a violation of federal copyright laws if the submitting agency lil?c?d the incorporalcd materials described below electronically, a true and complete paper copy of the incorporated materials are attached to this certi?cation for ?ling. Paper copies of the incorporated materials below may be obtained at the agency by [include List form numborls) and form or title ofdocumentls) below: General Records Schedule (38 for State and Local Government Agencies General Records Schedule for Law Enforcement, Correctional Facilities, and Disuict Medical Examiners General Records Schedule (383 for Election Records General Records Schedule G84 for Public Hospitals, Health Care Facilities and Medical Provider-s General Records Schedule (38$ for Public Universities and Colleges General Records Schedule for Public Schools Pre-K-llartd Adult and Career Education General Records Schedule for Fire Departments (Schedule 08%) General Records Schedule (38 9 for Slate Attomeys General Records Schedule GS 1 far Clerks of Court General Records Schedule (3512 for Property Appraisers General Records Schedule (?1313 for Tax Collectors General Records Schedule GS 14 for Public Utilities General Records Schedule (38 15 for Public Libraries Under the provisions of Section 123., the attached materia?s) take effect 20 days From the dam ?led with the Department ot?State. or a later date as speci?ed in the male. Signature, Person Authorized Io Certify Rules 705 Title Reddic-k, Ernest L. From: Sent: Wednesday, January 21. 2015 431 PM To: Rey. Carlos A. A Ce: FLRules E. i Subject: 18-24003 Reference Maternal for Rule Adoption Approved The reference material for rule adoption you submitted has been approved by the Administrai?iggicm?anda Register Staff. The approved material is available in the Review/Modify Agency Reference Material list (Aggie? Menu page . Rule Number: lB-24.003 "in Reference Number: Ref-04998; Reference Name: General Records Schedule GS for State and Local Governments Reference Number: Ref?04999; Reference Name: General RecOrds Schedule 682 for Law Enforcement, Correctional Facilities, and District Medical Examiners Reference Number: Ref-05000; Reference Name: General Records Schedule 083 for Election Records Reference Number: Ref~05001; Reference Name: General Records Schedule 084 for Public Heapitals, Health Care Facilities and Medical Providers Reference Number: Ref-05002; Reference Name: General Rec0rds Schedule 035 for Public Universities and Colleges Reference Number: Ref-05003; Reference Narne: General Records Schedule G87 for Public Schools and Adult and Career Education Reference Number: Ref-05004; Reference Name: General Records Schedule for Fire Departments (Schedule G88) Reference Number. Ref-05005; Reference Name: General Records Schedule 0853 for State Attorneys Reference Number: Ref-05006; Reference Name: General Records Schedule 1 for Clerk of Courts Number: Ref-05007; Reference Name: General Records Schedule G512 for Property Appraisers Ref-05008; Reference Name: General Records Schedule G813 for Tax Collectors Reference Number: Ref-05009; Reference Name: General Records Schedule GS 14 fer Public Utilities Reference Number: Ref-05010; Reference Name: General Records Schedule GS 5 for Public Libraries Click here-to log in. Administrative Code and Register Staff Division of Library and Information Services Florida Department of State ltsWortu?n FL . . h, . The Departmenl of State is leading the commemoration oi Florida's 500th F: anniversary In 2013. For more infermation. please go to i =3 ?wg'r aim gem. The Department of State is committed to excellence Please take our Qustorner Satisfaction 5mg; DEPARTMENT OF STATE Division of Library and Information ServiCes rc?li? r" ti; eraRULE TITLE: Records Retention Scheduling and Disposition :13 RULE N0: Hit-24.003 The Division of Library and Information Services in the Florida Departntent of State records schedules. which are used by public entities to determine the disposition and destruction of public records, This amendment will incorporate by reference the general records schedules. PURPOSE AND EFFECT: The purpose of this amendment is to incomorate by reference general records schedules. SUMMARY OF THE HEARING ON THE. RULE: The. Department of State held three Rule Development workshOps throughout the state in 2014. The workshops were attended by records management liaisons of?cers from various state and local government agencies. on January 12, 2015, the Department held a Proposed Rule hearing in Tallahassee. Represcntatives from the local govu'nrne?nts attended by person and via phone conference. Since there were no major changes to the proposed incorporated questions, there were no comments rogarding the rule language. STATEMENT OF FACTS AND CIRCUMSTANCES PROPOSED RULE: By incorporating the General Records Schedules into rule, any proposed changes to the retention schedules will occur through the rule prom, which lends itself more public comments on any preposed changes. ?u :1 18-2-1003 Retention Scheduling and Disposition. "1110 Dimsinn i?sucs General Records Schedules which calabiish minimum retention requirements for record series comumn to all agencies or Speci?ed types ofagcncies based on the legal. ?scal, ?dlnillislrativc_ and hismica] value of those record series to the agencies; and to the Slate of Florida. The Gengral Records ?_chedules be the Divisign. which can he obtained at gm oratg? 9v rej??gncc; General Records Schedule GSI-SL for Stale and Luca! Government Agencies ?rules eff. [b1 general Schedule 0.32 for Law Enihrcemem. Curreclinnal Facililies. and Medical Examining he; :3 eff. XXEXX). a: EL . General Records Schedule (?ll for DOD. eff. 33!ng 8 id) General Raquela Schedule (35-: for Public Howilals. Health Care Facilities an_d__ 1m 4'7 lei General Reclaim Schedule GSS fur and ?9?ch gun. GeneraLRewrds SchegLule for PubLic Schools CameL?dmquLQn 32-3133]. Records Schedule [Schedule (all General eff. Genergl Records Schedgle (159 for 51am. 0500,2411. general Records Schedule 0.5 I I I?m [crmi?caan?Eh-?n?e?qu 0:006, Joe-gm. (Wan r1! d? Lie {?gmeml Records Schedule (38 13 Tax Ltmmilm? $908, eiT. XXIXX (3514 lm of- eff". {in} General Records Schedule G815 for 'bmrics' eff. .31. (.2) For each rcc0rd series not covered by General Records Schedules established by the Division, cash agent-3. shall submit to the Division 3 request for a records retention schedule on Department of State Form 1,35 Etiosa??ig- 09, ?Request for Records Retention Schedule" which is hereby incorporated by reference and made part ol'lhis rule. A copy of Form effective February 2009, may be obtained from the Division of Library and information Services, Department ot?State, Mail Station 9A, ?l'allahassce. Florida 32399-0250, or from the Division?s Records Management Web site at (3) ln completion= Fonn "Request for Records Retention Schedule," the agency shall consider the legal. ?scal, administrative. and historical value of each record series to the agency and to the State of Florida. The custodian of? the records or his other designee shall sign the Form and submit it to the Division for determination ot'ul't'icial retention requirements. (4) Retention and scheduling of intermediate tiles are not feasible due to their transitory nature; therefore, submission of l-?onn "Request for Records Retention is not required For intermediate Files. Each Request for Records Retention Schedule shall be analyzed by the Division in the context of the submitting agency's Statutory ?inctions and authorities. Florida Statutes. administrative rules, operating procedures, applicable Federal regulations and other such sources shall be researched to assisr in the Division ?5 determination of the value and retention requirements of each record series. (6) The Division shall review Request for Records Retention Schedule forms to determine whether the records may merit transfer to the Florida State Archives or to a local records of?ce. archives, or historical records repository, based upon the records? enduring legal. Fiscal. administrative. and historical values (archival value) ll?the Division dctemiines that the records may have archival value, an indication ot'such potential archival value shall be made on the Request for Rccords Schedule l'orm. Themain ol?this are to identify and comic the preservation of records of archival value pertaining to the operation of government and lo prOch-i lht: rights and interests oi'tlie citizens of the state. The Division. with information submitted on Form ?Request for Records Retention Schedule" and its con research into the legal. fiscal, administrative, and historical value of the record series, shall create an o'lTIcial "Records Retention Schedule." Once the Division has approved an of?cial Records Retention Schedule, the submitting agency shall adhere to the terms of that schedule for the record series described therein, An approved Records Retention Schedule may later need to be revised based on new stanuory. regulatory. or other requirements or agency needs. When changes are necessary. the agency shall submit a new Form 1.555? "Request for Records Retention Schedule" for the record Series indicating the nation of the changes and the reason they are necessary. Revised Records Retention Schedules shall be processed in the manner speci?ed in subsections above. (9)01} Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping sysrems may substitute for the original or paper copy, per Section 9229? F.S.. Photographic or electronic copies. Minimutit' standards For image reproduction shall he in accordance with Rules 18?26002] and Its-26.003, FA C. An electronic or tnicro?ltocd copy serving as the record (master) copy must be retained For the length indicated for the record (master) copy in the applicable retention schedule. An agency that designates an electronic or micro?lmed copy as the record (nutter) copy may then designate the paper original as a duplicate and dispose of it in accordance with the retention requirement for duplicates in the applicable retention schedule unless another law, rule. or ordinance speci?cally uiros 115 retention. Any state agency record series identi?ed by either it General Records Schedule or approved Records Retention Schedule as having, possible archival value shall not be destroyed without the approval ot?lhe Florida State Archives. When: a local government has formally established a records o?ice, archives. or historical records repository. local government agencies within that jurisdiction may transfer records ol'orchival value to that repository. An agency may also lotto records to another jurisdiction or to a historical records repository or historical socier provided an agreement is signed by both parties specifying the required conditions of the loan. including the responsibilities of both parties for the management 01? public records in accordance with Chapter I 19. RS. ?lhe loaning agency remain the legal custodian and retain ultimate responsibility for maintenance and preservation oi'thc records. Including ensuring accessibility to the records and nondisclosure ol? statutorily exempt or con?dential inl?ormution. Prior to records disposition. agencies must ensure that all retention requirements have been satis?ed Far each record series being diSposed of. agencies shall identify and document the following: 1. Records retention schedule number: la.) . item number; 3. Record series title; 4. Inclusive dates of the records; 5 Volume in cubic feet fur paper records; for electronic records. record the number of bytes andr?or records andtor ?les it? known, or indicate that the disposed records were in electronic Fomt; and t5. DiSposiliOn action manner of diSpOsilion) and date Agencies are not required to document the disposition of records with a retention of "Retain until obsolete, superseded or administrative value is losr? (05A) except for records that have been tnicro?lmcd or scanned as part of a conversion project in accordance with Rules lB-26.0021 or lift-26.003. RAE. where the micro?lm or electronic version will serve as the reaord (master) copy. Agencies shall ensure that all deatruction of records is conducted in a manner that safeguards the interests of the state and the safety. security, and privacy of individuals. in destroying records containing information that is con?dential or exempt from disclosure, agencies shall employ destruction methods that prevent unauthorized access to or use of the mi'onnction and ensure that the information cannot praeticab?ly be read, reconstructed. or recovered. The agency shall specify the manner of destruction of such records when documenting dlSpOSitinlL Where possible, recycling following destruction is encouraged. For paper records containing information that is con?dential or exempt from disclosure, appropriate destruction methods include burning in an industrial incineration facility, pulping, pult'en'zing, shredding1 or macerating. High wet strength paper, paper mylar. duraltle~mcdium paper substitme. or Similat water repellent papers are. not sut? ciently destroyed by pulping and require other methods such as shredding or burning. For electronic records containing in Formation that is con?dential or exempt from discluSure, appropriate destruction methods include physical destruction of storage media such as by shredding. crushing, or incineration: high-level overwriting that renders the data unrecoverable; or For other non-paper media containing that IS con?dential or exempt from disclosm-e? such as audio tape= video tape, ?lms. 1:10., appropriate methods include pulverizing, shredding, and chemical decon'lpusitionfrecycling. Agencies shall not bury confidential or exempt records since burying does not ensure C?mplele destruc?on or unauthorized access. (1 1) Each agency shall subm il to the Division, once a yearI a signed statement attesting to' the agency?s compliance with records management laws, rules. and procedures. The Division shall compile an annual summary of agency records scheduling and disposition activities to inform the (iovemor and the Legislamre regarding statewide records management practices and program complian??_ Rainmakng Authority 25 .7. 35m. 257 35 F3 Law Implemented 119. 25? 35. 257. 36 Hemwvew 240-0): Amended LIE-09 From: To: Slalom Subject: FW: Noti?cation of Collective Bargaining Impasse - State Personnel System Fiscal Year 2015-15 Date: Monday, February 02, 2015 6:09:17 PM Atladiments: .. . Importance: High FYI From: Roberts, Patty Sent: Friday, January 30, 2015 1:44 PM To: Williamson, Heather; Delaney, Gus; McVaney, Joe; McSwain, Ross Cc: Gibson, Ben; Tondee, Renee; Conroy, Bruce; Larson, Sharon; Williams, Marlene; 'Jeanette Wynn'; 'Hector Ramos "rsiwica@eganlev.com' 'Hal Johnson'; 'Holly E. Van Horsten'; mriley2011@outlook.com; Mattimore, Mike; 'Sarah Linkus'; Parry, Jim; Whitley, Claire; Hooker, John; Okwabi, Jennifer Subject: Noti?cation of Collective Bargaining Impasse State Personnel System - Fiscal Year 2015-16 Importance: High Good Afternoon, On behalf of the state?s Chief Labor Negotiator, Michael Mattimore, we respectfully submit the attached Notification of Collective Bargaining Impasse between the Governor and the seven employee organizations representing 13 bargaining units of state employees in the State Personnel System. if you have questions or concerns, please contact Mr. Mattimore at (850) 561-3503, orlim Parry, Assistant General Counsel for the Department of Management Services, at (850) 414?7646. Sincerely, Patty S. Roberts Human Resource Consultant Florida Department of Management Services Office of the General Counsel 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950 Phone: [850) 487?9464 Fax: (850) 922-6312 Mammal-am "We Serve Those Who Serve Florida" What's War/ring TODAY The information contained in this e?mali and accompanying attachments may constitute attorney work product, collective bargaining strategy or other con?dential information which would be legally privileged and exempt from disclosure as a public record. it is intended only for the addresseeis) indicated above. if you are not the intended recipient of this information, any disclosure, copying, distribution, or the taking of any action in reliance on this information is strictly prohibited. if you received this email in error, please notify the sender immediately by return e- mail or by coiling (850} 487-1082. Additionally, please note that Fion'do has a very broad pubiic records iow. Uniess expmsiy exempt, this or any other written communication with this o?ice may be subject to pubiic disciosurc. ?i'i?iamr'i?a nt Flat-t Sec-=1. BPS-enact January 30, 2015 The Honorable Andy Gardiner, President The Florida Senate 409, The Capitol 404 South Monroe Street Tallahassee, Florida 32399-1100 The Honorable Steve Crisafulli. Speaker Florida House of Representatives 420. The Capitol 402 South Monroe Street Tallahassee, Florida 32399-1300 Re: Notification of Collective Bargaining Impasse Dear President Gardiner and Speaker Crisafulli: An impasse has occurred in the collective bargaining negotiations between the Governor and the seven employee associations representing 13 bargaining units of state employees, pursuant to section Florida Statutes. We will submit the list of collective bargaining contract articles on which the parties have not reached agreement on February 4 in accordance with section Florida Statutes. If you have questions or concerns, please contact me at 561-3503. or Jim Pany, Assistant General Counsel for the Department of Management Services. at 414-7646. Sincerely. %hael Mattimo Chief Labor Negotiator MM/psr cc: Mike Hogan, Chairman, Public Employees Relations Commission Ben Gibson. Assistant General Counsel. Executive Of?ce of Governor Rick Scott Renee Tondee, Policy Coordinator. Of?ce of Policy and Budget Chad Poppell. Secretary, Department of Management Services Bruce Conroy, General Counsel, Department of Management Services Sharon Larson, Director, Human Resource Management, Department of Management Services Marlene Williams, Legislative Affairs Director, Department of Management Services Collective Bargaining Agent Representatives From: To: We; Cc: Subject: Steinberg v. Matthews Date: Monday, February 02, 2015 6:08:59 PM Attachments: Wand: Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 500 South Bronough Street, Suite 100 Tallahassee, Florida 32399-0250 850.245.6536 850.245.6127 1. . I . 1 h?mtbaamdnastate?m Note: This reSponse is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or ?om state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. The Department of Stale is committed to excellence. Please take our CustOmer satisfaction guwey. Filing 23236024 E-Filed 02/02/2015 11:39:18 AM IN THE FLORIDA SUPREME COURT Case Number SC14-2316 DCA Case No. 1D14-3477 L.T. Case No. 2014-CA-1645 MICHAEL STEINBERG, Appellant/Petitioner, vs. DANIEL JOHN MATTHEWS, Appellee/Respondent. DANIEL JOHN RESPONSE TO MICHAEL PETITION FOR WRIT OF OUO WARRANTO Respondent, Daniel John Matthews (?Matthews?), hereby responds to this Court?s Order of January 29, 2015, and respectfully requests that the Petition for Writ of Quo Warranto (the ?Petition?) be dismissed. As shown herein, the Petition should be dismissed because: Petitioner lacks standing to request a writ of quo warranto; (ii) Petitioner has failed to name all appropriate and necessary parties to this proceeding; the Petition should not have been ?led in this Court as an original proceeding; and (iv) the Petition fails to establish a right to the requested relief. Each of these points is addressed below. 1. Petitioner Lacks Standing To Request A Writ 0f Quo warranto. Standing to seek quo warranto is broad and inclusive. In fact, this Court has held that any citizen may bring suit for quo warranto if the case involves ?enforcement of a public righ Chiles v. Phelps, 714 So. 2d 453, 456 (Fla. 1998); Martinez v. Martinez, 545 So. 2d 1338, 1339 (Fla. 1989). However, a statutory exception exists for a quo warranto action challenging an election or a right to hold of?ce arising from that election. When, as in the instant case, a petition seeks to challenge an election, the action must be brought by the Attorney General or, if the Attorney General re?Jses, by the person claiming title to the of?ce. 80.01, Fla. Stat; also see Phillip J. Padovano, Florida Appellate Practice 30:4 (2015 ed.) (?If a private individual ?les a petition for writ of quo warranto to test the respondent?s right to hold of?ce, the person ?ling the petition must show that he or she has a right to hold the of?ce in question. Apart from this speci?c use of the remedy in election cases, prohibition may be used more generally to contest the authority of a public of?cial to take certain actions in an of?cial capacity?); Patrick John McGinley, Florida Elements of an Action 1703:l (2014-2015 ed.) in the nature of quo warranto to question the authority for the exercise of rights, privileges, and powers derived from the state can be brought by any person. A statutory exception exists for a quo warranto action challenging an election or a right to hold of?ce arising from that election, for the person making such a quo warranto challenge must be either the Florida Attorney General or, if that attorney refuses to bring suit, then it must be a person claiming the right to hold that Section 80.01, Florida Statutes, provides: Any person claiming title to an of?ce which is exercised by another has the right, on re?isal by the Attorney General to commence an action in the name of the state upon the claimant?s relation, or on the Attorney General?s refusal to ?le a petition setting forth the claimant?s name as the person rightfully entitled to the of?ce, to ?le an action in the name of the state against the person exercising the of?ce, setting up his or her own claim. The court shall determine the right of the claimant to the of?ce, if the claimant so desires. No person shall be adjudged entitled to hold an of?ce except upon full proof of the person?s title to the of?ce in any action of this character. Accordingly, quo warranto may be used to challenge the right of an individual to hold public of?ce, but the person ?ling the petition must Show that he has a right to hold the of?ce in question. TobZer v. Beckett, 297 So. 2d 59, 61 (Fla. 2d DCA 1974) (?Ordinarily quo warranto is the proper remedy to determine the right of an individual to hold public of?ce. It may be instituted only by the Attorney General of Florida, or by a person claiming title to the of?ce?) (internal citations omitted); also see State ex rel. Wum et v. Kasserman et al., 179 So. 410, 411 (Fla. 193 Fours v. Bolay, 795 So. 2d 1116, 1117 (Fla. 5th DCA 2001) (citing State ex rel. Clark v. Klingensmt'th, 163 So. 704 (Fla. 1935)). Here, Petitioner is not seeking enforcement of a public right. The broad standing test used in Chiles and Martinez is therefore inapplicable to this case. 3 Petitioner instead asserts that the November 4, 2014 election ?was not complete? and that the Florida House of Representatives (the ?House?) and Governor lack the authority to order a special election.1 (Petition pp. 3-4). Although Petitioner is challenging the authority of the Governor and the House to take certain actions in their of?cial capacities, he is ultimately contesting the election process and the winner?s right to hold of?ce, whoever that may be. Indeed, the necessary objective of questioning the election process (and the House?s authority to declare a vacancy in House District 64) is to unseat the individual who ?lls the vacancy and ultimately takes of?ce. In an election contest such as this, the only persons authorized to seek quo warranto are the Attorney General and persons claiming a right to hold the of?ce in question. The Petition lacks any assertion by Petitioner that he has a right to the House of Representatives, District 64 seat. Indeed, Petitioner has not (and cannot) contend that he sought to qualify, much less run, for the House District 64 seat. This omission warrants dismissal of the Petition. See Butterworth v. Espey, 523 So. 2d 1278 (Fla. 2d DCA 1988) (private individuals were not entitled to bring quo warranto action challenging the right of school board member to hold of?ce where private individuals did not claim entitlement to the of?ce). The Supervisor of Elections in Hillsborough and Pinellas County tabulated the ballots that were cast in the November 4, 2014 election and reported the results. However, the House refused to accept the result for District 64 and declared a vacancy. Simply put, private citizens (like Petitioner) lack standing to bring quo warranto proceedings in their own names challenging the right of a public official to hold of?ce unless they claim entitlement to the of?ce. Because Petitioner is contesting the Governor?s authority to order a special election (and the winner?s right to hold of?ce, whoever that may be) and (ii) Petitioner does not claim any right to the House District 64 seat, Petitioner lacks standing to maintain this quo warranto action. The Petition should therefore be dismissed. II. Petitioner Has Failed To Include All Necessary Respondents To This Proceeding. I The Petition should also be dismissed because Petitioner has failed to include the proper respondents to this proceeding. Speci?cally, Petitioner has failed to include Rick Scott, the Governor of the State of Florida, and the House as parties to this matter. In addition, Petitioner has imprOperly included Matthews, a non-govemmental of?cial, as a respondent in this case. Under Florida law, all persons that are ?materially interested in the subject matter of a suit and who would be directly affected by an adjudication of the controversy are necessary parties.? Everette v. Fla. Dep ?t of Children Families, 961 So. 2d 270, 273 (Fla. 2007) (quotation omitted); see also Fla. Dep?t of Revenue v. Cummings, 930 So. 2d 604, 607 (Fla. 2006) (recognizing that an ?indispensable party is one whose interest in the controversy makes it impossible to completely adjudicate the matter without effecting either that party?s interest or 5 the interests of another party in the ?Necessary parties must be made parties in a legal action.? Everette, 961 So. 2d at 273. The purpose of a petition for a writ of quo warranto is to challenge whether a particular individual has improperly exercised a power or right derived from the State. Whiley v. Scott, 79 So. 3d 702, 707 (Fla. 2011); accord Martinez, 545 So. 2d at 1339. Thus, a writ of quo warranto must be directed toward the person who is charged with exercising an of?ce or authority without lawful right. See Johnson v. Manhattan Railway Co., 289 U.S. 479, 502 (1933); see also 65 Am. Jur. 2d Quo Warranto 80 (2014). Here, Petitioner directly challenges the authority and actions of the Governor and the House, but fails to name either of them as parties to this proceeding. The Petitioner expressly alleges that the House ?had no authority to suspend, invalidate, or otherwise nullify an election which had not been completed,? and that the House ?had no authority to declare a State House of Representatives seat ?vacant,? when an election for that seat was still pending.? (Petition p. 1.). Petitioner also contends that the Governor ?had no authority to order a special election,? and that neither the House nor the Governor have the authority to determine the quali?ed candidates for the House District 64. (Id. pp. 1, 3.). Accordingly, the Governor and the House may have an interest in this matter and could be directly affected by the adjudication of the Petition. See Whitey, 79 So. 3d at 705 (bringing a quo warranto proceeding against the Governor challenging the Governor?s issuance of Executive Orders). The Petition should therefore be dismissed. Along these same lines, Matthews is not a proper party to Petitioner?s quo warranto action. As noted above, a writ of quo warranto is the proper means for inquiring into Whether a government of?cial has improperly exercised a power or right derived ?om the State or is exercising a public of?ce illegally. Whiley, 79 So. 3d at 707; Fours, 795 So. 2d at 1117. Thus, by de?nition, a quo warranto action must be directed at a government of?cial or a person exercising some authority derived ?'om the State. See Art. V, Fla. Const. (stating that the Supreme Court ?[m]ay issue writs of mandamus and quo warranto to state o?icers and state agencies) (emphasis added). Plainly, Matthews is not presently a state officer and he is not exercising (or attempting to exercise) any power or right derived ?om the State. It is therefore di?icult to understand how Matthews is a proper respondent to this proceeding or how Matthews will be the subject of any resulting writ issued by the Court. Indeed, Petitioner does not seek any relief against Matthews, but instead seeks an order from this Court directing the Secretary of State to refrain from conducting a special election pursuant to the Governor?s executive order. (Petition p. 5). As a result, Matthews should be dismissed from this proceeding. This Proceeding Should Have Been Initiated In Circuit Court. The Supreme Court should decline review of the Petition as it fails to justify any basis for this Court to exercise its discretionary jurisdiction. Simply put, the Petition is more appropriately heard before a circuit court. The Florida Constitution authorizes the Supreme Court, district courts of appeal, and circuit courts to issue writs of quo warranto. Art. V, Fla. Const. However, the Supreme Court?s authority is discretionary and it may only issue writs of quo warranto to state of?cers and state agencies. Art. V, Fla. Const. (noting that the Supreme Court ?[m]ay issue writs of mandamus and quo warranto to state of?cers and state agencies) (emphasis added); see also Wiley, 79 So. 3d at 707. With reliable consistency, the Supreme Court has often declined to review petitions for writ of quo warranto except in cases where ?public interest demanded, and then on an agreed statement of facts.? State v. Fernandez, 143 So. 638, 641 (Fla. 1932). This case lacks both. There is no demanded public interest when the Petition is limited to concerns regarding House District 64. Similarly, the Petition was ?led without any alleged facts, much less an agreed upon statement of facts. Respondent Matthews is mindful of the fact that the Supreme Court may nonetheless ?choose to consider extraordinary writ petitions ?where the ?lnctions of government would be adversely affected absent an immediate determination by [the Supreme Whiley, 79 So. 3d at 707 (quoting Chiles, 714 So. 2d at 457). Ultimately, a general rule, unless there is a compelling reason for invoking the original jurisdiction of a higher court, a quo warranto proceeding should be commenced in circuit court.? Wiley, 79 So. 3d at 707. When applying this precedent, the Supreme Court has only accepted review of petitions for writ of quo warranto in a handful of circumstances. For example, in Whitley v. Scott, a citizen ?led a petition for writ of quo warranto to challenge the authority of Governor Scott to issue certain executive orders which substantially affected the ability of state agencies to promulgate rules. Wiley, 79 So. 3d at 705-06. In determining whether the Court should exercise its discretionary review over the petition, the Court found that the case raised a ?serious constitutional question relating to the authority of the Governor and the Legislature respectively in rulemaking proceedings.? Id. at 708. The Court ?thher held that the ?issue of whether the Governor has the power to suspend agency rulemaking directly and substantially affects the ?mdamental ?mctions of state government.? Id. As a result, the Court decided to exercise its discretionary jurisdiction in the Wiley matter. In Chz?les v. Phelps, a petition for writ of quo warranto was filed to determine whether the Legislature and its of?cers exceeded their authority in overriding Governor Chiles? vetoes of certain bills during the 1998 legislative session. Chiles, 714 So. 2d at 455. The Court in Chiles decided to accept jurisdiction over the matter because the issues created uncertainty for those required to enforce the laws that were initially vetoed, as Well as for those who may be subject to the reach of those laws. 1d. at 457. Accordingly, the Court believed that an immediate determination was required. Id. Similarly, the Supreme Court in Fla. House of Representatives v. Grist, 999 So. 2d 601, 607 (Fla. 2008), exercised jurisdiction over a petition for writ of quo warranto challenging the Governor?s authority to bind the State in a Compact with the Seminole Indian Tribe of Florida. The Court noted that the Governor had already approved the Compact and, absent judicial resolution, it would be given effect. Id. Thus, the Court found that the importance and immediacy involved justi?ed the decision to hear the petition. Id. Here, Petitioner has failed to present any compelling reasons for invoking the Supreme Court?s discretionary jurisdiction. It cannot be said that the ?lnctions of the government would be adversely affected if the Supreme Court did not render an immediate determination on the Petition. Speci?cally, Petitioner seeks to prevent the Secretary of State from proceeding with the special election for House District 64 that is the subject of Executive Order 14-303. In stark contrast to the cases discussed above, where the Supreme Court accepted review of the petitions, this case does not implicate the fundamental functions of the government, or state- 10 wide, public interests. No similar concern is present here. Instead, this matter should have been initiated in a circuit court, with proper service of process2 and an opportunity for all respondents to admit or deny allegations in a typical pleading. Because this matter does not present a compelling reason to invoke the discretionary jurisdiction of this Court, the Supreme Court should decline review of the Petition and this action should be held in circuit court. See Whiley, 79 So. 3d at 707. IV. Petitioner Has Failed To Establish A Basis For His Requested Relief. In this case, the Petition questions the authority of the House (an unnamed party) to re?Jse to accept the general election returns for District 64. Although the Petition lacks any speci?c factual record in this regard, Respondent Matthews can agree that the House?s journal for the last organizational session re?ects that, pursuant to Article Section 2 of the Florida Constitution, the House reviewed the election returns and moved to reject the election returns for House District 54, which thereby created a vacancy for that district. 2 To initiate an original proceeding in this Court, Petitioner was required to serve his Petition by email and in paper form. Fla. R. App. P. 9.420(c) (?the initial document ?led in a proceeding governed by these rules (including any . . . petition for an original writ) shall be served both by e?mail pursuant to rule and paper form pursuant to rule Matthews has never been served in paper form and preserves his objection to jurisdiction on this basis. 11 Indeed, the Florida Constitution is clear that the House is the ?sole judge of the quali?cations, elections, and returns of its members . . . Art. 2, Fla. Const. (emphasis added); see also McPherson v. 397 So. 2d 665, 667-68 (Fla. 1981); Harden v. Garrett, 483 So. 2d 409, 411 (Fla. 1985). In this case, the House?s decision to not accept the returns comports with the First District Court of Appeal?s decision in Daniel John Matthews v. Michael Stefnberg, Craig Latimer, er al., 2014 WL 5305574 (Fla. DCA 2014). The House rejected the election result from the ?Open? primary that had been ordered by the Circuit Court and expressly reversed by the First District Court of Appeal. See id. Therefore, the act was plainly consistent with the Matthews decision and, more importantly, created a legislative vacancy. The Florida statutory process for ?lling a legislative vacancy is clear. The statutes provide several mandatory steps for the Governor and Secretary of State to follow. First, section 100.101(2) mandates that the vacancy be ?lled by special election or a special primary election . . . Fla. Stat. Then, sections 100.111(2) and 100.141(1) clearly provide that the Governor, upon consultation with the Florida Secretary of State, shall issue an order declaring the date that the special election shall be held. Fla. Stat. That is precisely what the Governor?s Executive Order 2014?3 03 provides. 12 A petition for writ of quo warranto serves as the proper method to test the exercise of one?s authority. Martinez, 545 So. 2d at 1339 (citing cases). Accordingly, when, as here, the questioned acts of state of?cials are taken pursuant to express statutory mandates, there is no basis to grant relief quo warranto. See 100.1110), Fla. Stat. WHEREFORE, Respondent Daniel John Matthews respectfully requests that the Petition be dismissed and that he be provided such other relief as is necessary and proper. s/ Christopher B. Lunny Christopher B. Lunny (Fla. Bar No. 8982) Harry 0. Thomas (Fla. Bar No. 195097) RADEY LAW FIRM 301 S. Bronough Street, Suite 200 Tallahassee, Florida 32301 (850) 425-6654 - (850) 425-6694-Facsimile hthomas@radeylaw.com clunny@radeylaw.com ATTORNEYS FOR RESPONDENT DANIEL JOHN MATTHEWS CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was ?led Electronically and E-Served by the Florida Court?s E?Filing Portal system, unless otherwise noted, on all counsel or parties of record listed below, this 2nd day of February, 2015. The foregoing document has also been sent 13 from the undersigned counsel by E-Mail to all counsel or parties of record listed below. Michael A. Steinberg 4925 Independence Parkway, Ste. 195 Tampa, Florida 33634 MAS@SSAlawvers.com Pro Se Appellant J. Andrew Atkinson Ashley E. Davis Florida Department of State R.A. Gray Building 500 S. Bronough Street Tallahassee, Florida 32399 Counsel for Florida Secretary of State Kenneth W. Detzner Mary Helen Farris farrism@hillsboroughcounty.org Craig Latimer, Supervisor of Elections for Hillsborough County, Florida 601 E. Kennedy Boulevard, 16lh Floor Tampa, Florida 33602 Counsel for Appellee Craig Latimer, Supervisor 0f Elections for Hillsborough County, Florida Mary Jewel White miwhite@pinellascounty.org Deborah Clark, Supervisor of Elections for Pinellas County, Florida 315 Court Street, Room 117 Clearwater, Florida 33756 Counsel for Appellee Deborah Clark Supervisor of Elections for Pinellas County, Florida 5/ Christopher B. Lunnv CHRISTOPHER B. LUNNY NOTICE OF COMPLIANCE WITH FONT REQUIREMENT I HEREBY CERTIFY that this Response complies with the font requirements of Fla. R. App. P. 9.100(1) and is printed in Times New Roman 14- point font. s/ Christopher B. Lunnv CHRISTOPHER B. LUNNY l4 From: To: Edam Subject: FW: OEL Litigation Chart Date: Monday, February 02, 2015 6:08:13 PM Attadimenls: imam JEI H. I. I From: Maggi Parker Sent: Monday, February 02, 2015 11:29 AM To: Gibson, Ben Subject: OEL Litigation Chart Good morning Ben, Here is the updated litigation chart for OEL . Not exactly thrilling but that?s a good thing, right? Maggi 0?5ullivan Parker General Counsel Office of Early Learning 250 Marriott Drive Tallahassee, Florida 32399 (850) 717-8550 Ezrly Lea ?ni :8 84mm. LEARN to? LIFE. Updated April 24. 2015 PRIORITY CASE DOCKET - OFFICE OF EARLY LEARNING latest additions in bold Case Counsel Summary Status Notes Citizens for Strong Schools v. SEE 2d Cir.. Case No. 09 CA 4534 Judge Reynolds AND Haridopolos, Mike et al. v. Citizens for Strong Schools. Inc.. et al. 1ST DCA Case No. 1010-6235 FSC 12-216 Tr: Chonin, Siegel. Maxwell. Mills. McLendon A AG Glogau. Raleigh DOE: Tepper OEL: Parker Senate: Levesque House: Carson Defendants' Outside Counsel: Rocco Testani. Molley Clarkson SCHOOL FUNDING ADEQUACY CHARTER SCHOOLS i Plaintiffs alleged the state is breaching its paramount duty to provide a high quality system of free public schools as required by Article of the Florida Constitution. Plaintiffs also attacking Charters, McKay and FTC as not uniform and unequal opportunity, and VPK program as not meeting requirements of Article IX.P 05i30i14 Mi Leave to File 2nd Amended Complaint 06i24i?i4 2nd Amended Complaint deemed ?led 07i23i14 Mi Dismiss 2nd Amended Complaint Filed Trial Period set for 8i20i15 OEL responded to public records request For VPK Readiness Rate Information Hearing on Motion to Dismiss. Judge Granted motion to dismiss VPK portion of the complaint. Awaiting order Note: Plaintiffs ?led a motion to recuse Judge Dempsey. The motion was granted. Status of dismissal of VPK is still unresolved as draft order was filed with judge but not signed. 9f8i14 Judge Reynolds assigned to case. 101101'14 Status: Deposition of VPK witness Barnett partially complete. Motion hearing on 10f15 to resolve motion to dismiss. 10i15i14 Judge granted motion to dismiss VPK from K-12 complaint. However. he gave leave for P5 to sever the VPK complaint and ?le a separate complaint in new case docket within 30 days of the order. Awaiting issuance of order. Main. K-12 case now set for trial in March 2016 11i13i14 Plaintiffs ?ied notice of voluntary dismissal wio prejudice to dismiss VPK complaint. We will continue to assist DOE and other defendants as needed but are no longer defendants in the case. 8!?!14 8i2011 4 Children's Playskool. Inc. v. Early Learning Coalition of Flagler and Voiusia Counties and Florida DOE OEL Cir.. Volusia County Civil Court Case No. 2014 ~1 1337 CIDL Judge Raul A. Zambrano rr: Christopher A Greg Snell (Foley Lardner firm) counsel for ELC OEL: Parker Petition for Writ of Certlorari ?led. claiming ELC improperly terminated provider's participation in School Readiness Program. Raises claims of due process, failure to engage in rulemaking and whether coalitions are instrumentalities of the state. 7:17:2014 Order to Show Cause issued. OEL and ELC reSponse due 8i29l?i4. Petitioner?s reSponse due 9i18i14 DFS verbally advised plaintiff that complaint would be closed. 8f6f14 ELC ?led another complaint with OEL alleging several issues (misreportedffalsi?ed attendance. felony conviction of owner's daughter. under and over reporting income) 8/29i14 OEL and ELC ?led responses to Order to Show Cause. News reports that provider has closed and moved away. Status of continuation of case unclear. 9f10i14 ELC ?led request to take judicial notice of School's closure and motion to amend response in support of mootness argument. 9f12i14 School filed objection 9i15f14 Judge Granted Motion. Response by Plaintiff due in 20 days. 9f2f14 10(34'14 Plaintiff ?led response. We await whetherjudge will want oral argument. additional pleadings or will issue a ruling. 12(111'15 Judge issued notice of oral argument, to be held on 1232314. 1? 2:15 Oral argument held In Deland. Judge ruled In favor of DOE and the coalition from the bench. 1l'26i15 Order denying the petition ?led. Case closed. Plaintiff has 30 days to appeal. From: To: Subject: RE: OEL Utigation Chart Date: Monday, Febmary 02, 2015 6:08:07 PM Rudiments: imam Thanks From: Maggi Parker Sent: Monday, February 02, 2015 11:29 AM To: Gibson, Ben Subject: OEL Litigation Chart Good morning Ben, Here is the updated litigation chart for OEL. Not exactly thrilling but that?s a good thing, right? Maggi 0?5uI/iVan Parker General Counsel Office of Early Learning 250 Marriott Drive Tallahassee, Florida 32399 (850) 717-8550 I I . I . I Dl" 'rly Leaxni? LEARN haw. man mu urn. From: 51mm To: Modulator Subject: RE: Appeal of Perry Thurston, Case No. 15-007 Date: Monday, February 02, 2015 6:07:22 PM yes From: Jefferson, Tyler Sent: Monday, February 02, 2015 11:23 AM To: Gibson, Ben Subject: Appeal of Perry Thurston, Case No. 15-007 Do I need to make a new file for this? Tyler Jefferson Executive Office of the Governor Office of the General Counsel The Capitol, Suite 209 Tallahassee, Florida 32399 Phone: (850) 717-9310 Fax: (850) 488-9810 cf? WI: ?5 Marking From: To: Date: Monday, February 02, 2015 5:01:01 PM Attachments: ?agellum Call me as soon as you get a chance please my direct line is 9378 Ashley Ellis Spicola Policy Coordinator Education Unit - Oj?ce of Policy and Budget Executive O?ice of Governor Rick Scott 850.717.9507 o?ice 850. 71 7.93 78 direct @ltsWorkingFL .I W5 Working From: To: 39mm Cc: Himsel?nellman Subject: RE: Con?dential and Privileged - Draft Motion Date: Monday, February 02, 2015 3:12:45 PM Sensitivity: Con?dential Thanks From: Robert J. Sniffen Sent: Monday, February 02, 2015 1:59 PM To: Gibson, Ben Cc: Michael Spellman Subject: Con?dential and Privileged - Draft Motion Sensitivity: Con?dential Ben: Please see the attached. Our deadline to file our final version is this Friday. Many thanks, Rob Robert J. Sniffen SNIFFEN SPELLMAN, P.A. Board Certified in Labor and Employment Law Best: LaxweIS? 123 North Monroe Street Tallahassee, Florida 32301 Phone: 850-205-1996 Fax: 850?205-3004 E-mail: rsniffenic'Dsniffenlawcom Website: \Mth changes in technology. the Firm is aware that email is a common method of communication; however. please keep in mind the following: (1) clients should never use computers maintained or monitored by others work; public computers) when communicating about sensitive or attorney-client matters; (2) incoming emails may not be read immediately, because the intended recipient may be out of the of?ce or othenlvise unavailable; if your email communication is time-sensitive. please call our of?ce to ensure we are aware of your email; and (3) the Firm uses automated ?lters to block viruses and unwanted emails. It is possible the Firm?s network may not recognize your email address and prevent your emails from being properly delivered. Please call our of?ce if we have not responded to your email within a reasonable time or if the matter is lime-sensitive. W: Information in this email may be protected from distribution by law. con?dential, or protected from disclosure by the attorney-client privilege. It is intended only for the use of the disclosed individual or entity. If you are not the intended recipient of this communication, you are hereby notified that the law may restrict or prohibit the unintended use, copying or distribution of this communication. If you have received this email in error, please email the sender immediately upon receipt for further instruction. W: Pursuant to Circular 230 issued by the United States Treasury Department and relating to practice before the internal Revenue Service. any comment or opinion in this communication relating to a federal tax issue is not intended to be used. and cannot be used, by a taxpayer for the purpose of avoiding tax- related penalties that may be imposed on the taxpayer. From: Mattel. To: lattemlrler Cc: 51mm Subject: Stelnberg v. Matthews Date: Monday, February 02, 2015 12:02:44 PM Attachments: Wad: 0W Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 500 South Bronough Street, Suite 100 Tallahassee, Florida 32399-0250 3' 850.245.6536 850.245.6127 EH. [1.1 Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. rkingFL The Department of State is committed to excellence. Please take our Custgmer Satisfaction gumey. Filing 2323 7477 E-Filed 02/02/2015 11:53:54 AM IN THE SUPREME COURT OF FLORIDA MICHAEL A. STEINBERG, Petitioner, v. Case No.: SCH-2316 L.T. Case No.: DANIEL JOHN MATTHEWS, 372014CA001645 and KEN DETZNER, Secretary of The State of Florida, Respondents. RESPONSE OF THE SECRETARY OF STATE Respondent, Florida Secretary of State Kenneth W. Detzner (?Secretary?), responds to this Court?s Order dated January 29, 2015, requesting that the Secretary address the issues of Standing; Appropriate or Necessary Respondents; Transfer to the Circuit Court; and the Merits of the Petition. Summagy The gravamen of Petitioner?s action is a challenge to the House of Representatives? authority to reject the returns of the election in House District 64? an action that gave rise to a succession of unavoidable statutory duties of the Governor, the Secretary of State, and Supervisors of Elections. For that reason, the House of Representatives is most suitable to respond on the merits. However, the Secretary addresses each of the issues raised by the Court as follows: Members of the general public seeking enforcement of a public right may obtain relief through quo warranto. Chiles v. Phelps, 714 So. 2d 453, 456 (Fla. 1998) (?nding quo warranto appropriate to enforce the ?right to have the legislature and its leaders exercise their powers in a constitutional manner?); Martinez v. Martinez, 545 So.2d 1338, 1339 (Fla. 1989) (?nding quo warranto appropriate to test ?the governor?s power to call special sessions?). Because the people are the real party to an action seeking to enforce a public right, the person bringing the suit need ?not show that he has any real or personal interest in it.? Martinez, 545 So.2d at 1339.] Transfer to Circuit Court For two reasons, this matter should be transferred to the Second Judicial Circuit in and for Leon County. First, there is no record to aid this Court in its review; to the degree that any factual development is necessary, transfer to the circuit court is appropriate. Harvard v. Singletary, 733 So. 2d 1020, 1022 (Fla. 1999). Second, this case does not present issues that ?require immediate resolution by this Court.? Id. (emphasis in original). The executive order setting the special election to ?ll a vacancy in House District 64 set the date of the special primary on However, to the extent this Court might consider this action as one testing a public of?cial?s right to hold of?ce, to have standing Petitioner would be required to show that he himself is entitled to hold that of?ce?an entitlement Steinberg does not assert in his ?ling. Butterworth v. Espey, 523 So. 2d 1278 (Fla. DCA 1988); Fours v. Bolay, 795 So. 2d 1116 (Fla. 5th DCA 2001). 2 February 10, 2015. However, the February 10 election is not scheduled to occur, because no more than one candidate ?'om a single political party quali?ed, The special general election is not scheduled until April 21, 2015 See Elections Certi?cates, attached as Exhibit A. As such, circumstances do not require immediate review by this Court. See id. at 1023 (?Common sense dictates that we reserve our exercise of original jurisdiction for cases which require this Court?s speci?c or immediate attention?). Appropriate or Necessary Parties and Merits This Petition is primarily a challenge to the House of Representative?s action in rejecting the returns of its member and declaring House District 64 vacant. The Governor?s authority to call a special election to ?ll a vacancy?contingent as it is on the House?s action?is itself not plausibly in question. 100.111, Fla. Stat. (?Whenever there is a vacancy for which a special election is required pursuant to s. 100.101, the Governor . . . shall ?x the dates of a special primary election and a special election?) (emphasis added); 100.141, Fla. Stat. (The Governor ?shall issue an order declaring on what day the election shall be held and deliver the order to the Department of State?); see 100.101, Fla. Stat. (providing for vacancies in the of?ce of the House of Representatives to be ?lled by special election). It is not clear from the Petition exactly what relief Mr. Steinberg seeks. To the extent the Petitioner challenges the authority of the House of Representatives to reject the returns of one of its members and declare that seat vacant, the Speaker of the House would be an appropriate party. See Chiles, 714 So. 2d. at 456?57 (?nding the Speaker was the proper ?state of?cer? respondent in a quo warranto petition challenging the authority to allow a vote on vetoed bills); Art. V, Fla. Const. (authorizing this Court to issue writs of quo warranto ?to state of?cers and state agencies?). To the extent Petitioner challenges the authority of the Governor to issue an executive order calling a special election to ?ll the vacancy, the Governor would be an appropriate party. See Martinez, 545 So. 2d at 1339. To the extent Petitioner challenges the authority of the Secretary of State to prepare and deliver a notice of special election, he is an appropriate party. See 100.141, Fla. Stat. To the extent Petitioner is seeking injunctive relief to stop the April 21, 2015 Special General Election, the supervisors of elections of Hillsborough and Pinellas Counties would be appropriate parties. See generally Chapter 102, Florida Statutes (requiring supervisors of elections to conduct elections, including the tabulation of votes and reporting of results). And since Mr. Matthews (already 3 Respondent in this action) is a candidate who has quali?ed to run in the special election, he is an appropriate party with interest in the issues involved. The pertinent question raised by Petitioner?s challenge is whether the House of Representatives had the authority to take the action that created the vacancy in the ?rst place, giving rise to the Governor?s unavoidable duty to ?ll vacancies by special 4 election. To the extent the House of Representatives? authority is in question, it is the House that is best situated to respond on the issue. However, the Petitioner has not, and cannot, establish that the Secretary of State exceeded his authority in implementing the special election necessitated by the House of Representatives? rejection of the returns of the election. Conclusion For the foregoing reasons, this Court should deny the Petition for Quo Warranto or, in the alternative, transfer the matter to the Second Judicial Circuit in and for Leon County. Respectfully submitted, J. Andrew Atkinson J. Andrew Atkinson General Counsel Fla. Bar No.: 14135 Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 Fax No.: (850) 245-6127 Phone No.: (850) 245?6536 Counsel for Respondent, Florida Secretary of State Kenneth W. Detzner CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing has been served to all parties listed below by email on February 2, 2015: Michael A. Steinberg MAS@SSAlawyers.com Pro Se Appeliee Harry 0. Thomas hthomas@radeylaw.com Christopher B. Lunny clunny@radeylaw.com Laura M. Dennis ldennis@radeylaw.com Counsel for Daniel John Matthews Mary Helen Farris farrism@hillsboroughcounty.org Counsel for Craig Latimer, in his o?icial Capacity as Supervisor of Elections of Hillsborough County, Florida Jewel White mjwhite@pinellascounty.org eservice@pinellascounty.org Counsel for Deborah Clark, in her o?icial capacity as Supervisor of Elections of Pinellas County, Florida?? J. Andrew Atkinson Attorney 2 Although it does not appear that the Supervisors of Elections of Hillsborough and Pinellas Counties are parties to this action, they appear on the service list of this Court?s order; as such, the Secretary has served them with his Response. CERTIFICATE OF COMPLIANCE WITH RULE 9.210 I HEREBY CERTIFY that this Response complies with the font requirements of Florida Rule of Appellate Procedure ls/ J. Andrew Atkinson Attorney EXHIBIT A Department of State State of Florida Tallahassee, Florida To the Supervisor of Elections I hereby certify the names of the following candidates who have been duly nominated to the respective of?ces and the names of candidates with no party af?liation, write?in candidates, and nonpartisan candidates who quali?ed for office for the Special General Election to be held on the Twenty-First day oprril, 2015 AD. Ballot Certi?cation Hillsborough County, Florida State Representative, District 64 James Grant (REP) Daniel John Matthews (WRI) Where only one name appears for a particular of?ce, the name will not appear on the ballot, except for retention of?ces (Supreme Court and District Court of Appeal) where every name will appear. The name of a write-in candidate will not appear on the ballot; instead, a blank line will appear. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be af?xed at Tallahassee, the Capital, this the Seventeenth day of December, 2014 AD. We 4/1 are [Eti?i?Ken Detzner Secretary of State Department of State State of Florida Tallahassee, Florida To the Supervisor of Elections I hereby certify the names of the following candidates who have been duly nominated to the respective of?ces and the names of candidates with no party af?liation, write-in candidates, and nonpartisan candidates who quali?ed for of?ce for the Special General Election to be held on the Twenty-First day of April, 2015 AD. Ballot Certi?cation Pinellas County, Florida State Representative, District 64 James Grant (REP) Daniel John Matthews (WRI) Where only one name appears for a particular o?ice, the name will not appear on the ballot, except for retention of?ces (Supreme Court and District Court of Appeal) where every name will appear. The name of a write-in candidate will not appear on the ballot; instead, a blank line will appear. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be af?xed at Tallahassee, the Capital, this the Seventeenth day of December, 2014 AD. 21:. r?igKen Detzner Secretary of State From: MagnLEa?ser To: mum Subject: OEL Litigation Chart Date: Monday, February 02, 2015 11:28:45 AM Attachments: H. I. ll Good morning Ben, Here is the updated litigation chart for OEL. Not exactly thrilling but that?s a good thing, right? Maggi 0?5ulliven Parker General Counsel Office of Early Learning 250 Marriott Drive Tallahassee, Florida 32399 (850) 717-8550 rly' Lea 3 Links can or. Luau Lira. Updated April 24, 2015 PRIORITY CASE DOCKET OFFICE OF EARLY LEARNING latest additions in bold Case Counsel Summary Status Notes Citizens for Strong Schools v. SBE 2d Cir., Case No. 09 CA 4534 Judge Reynolds AND Haridopolos, Mike et al. v. Citizens for Strong Schools, Inc.. et al. 15?r DCA Case No. 1010?6285 FSC 12-216 Tr: Chonin. Siegel. Maxwell, Mills, McLendon A AG Glogau. Raleigh DOE: Tepper OEL: Parker Senate: Levesque House: Carson Defendants' Outside Counsel: Rocco Testani. Molley Clarkson SCHOOL FUNDING I ADEQUACY I CHARTER SCHOOLS I I Plaintiffs alleged the state is breaching its paramount duty to provide a high quality system of free public schools as required by Article 1X of the Florida Constitution. Plaintiffs also attacking Charters. McKay and FTC as not uniform and unequal opportunity. and VPK program as not meeting requirements ofArticle IX.P 05I30I14 MI Leave to File 2nd Amended Complaint 06I24I14 2nd Amended Complaint deemed ?led 07(231'14 MI Dismiss 2nd Amended Complaint Filed Trial Period set for 8I20I15 OEL responded to public records request For VPK Readiness Rate information 8I20H4 Hearing on Motion to Dismiss. Judge Granted motion to dismiss VPK portion of the complaint. Awaiting order Note: Plaintiffs ?led a motion to recuse Judge Dempsey. The motion was granted. Status of dismissal of VPK is still unresolved as draft order was ?led with judge but not signed. 9IBI14 Judge Reynolds assigned to case. 10I10I14 Status: Deposition of VPK witness Barnett partially complete. Motion hearing on 10115 to resolve motion to dismiss. 1OI15I14 Judge granted motion to dismiss VPK from K-12 complaint. However. he gave leave for P5 to sever the VPK mmplaint and ?le a separate complaint in new case docket within 30 days of the order. Awaiting issuance of order. Main. K-12 case now set for trial in March 2016 11I13I14 Plaintiffs ?ied notice of voluntary dismissal on prejudice to dismiss VPK complaint. We will continue to assist DOE and other defendants as needed but are no longer defendants In the case. 8I7I14 Children's Playskool. inc. v. Early Learning Coalition of Flagler and Volusia Counties and Florida DOE OEL Cir., Volusla County Civil Court Case No. 2014 41337 CIDL Judge Raul A. Zambrano 1r: Christopher A Greg Snell (Foley Lardner ?rm) counsel for ELC OEL: Parker Petition for Writ of Certiorari ?led, claiming ELC improperly terminated provider?s participation in School Readiness Program. Raises claims 0 due process, failure to engage In rulemaking and whether coalitions are instrumentalities of the state. Order to Show Cause issued. OEL and ELC response due Petitioner's response due 9I18I14 DFS verbally advised plaintiff that complaint would be closed. 8I6I14 ELC ?led another complaint with OEL alleging several issues (misreportedifalsi?ed attendance, felony conviction of owner's daughter, under and over reporting income) 8I29I14 OEL and ELC ?led responses to Order to Show Cause. News reports that provider has closed and moved away. Status of continuation of case unclear. 9I1OI14 ELC ?led request to take judicial notice of Schools closure and motion to amend response in support of mootness argument. 9I12I14 School ?led objection 9I15I14 Judge Granted Motion. Response by Plaintiff due in 20 days. 9I2I14 10!3i'14 Plaintiff ?led response. We await whether judge will want oral argument, additional pleadings or will Issue a ruling. 12? ms Judge issued notice of oral argument, to be held on 12f23?4. 1l12!15 Oral argument held in Deland. Judge ruled In favor of DOE and the coalition from the bench. 1f26i15 Order denying the petition ?led. Case closed. Plaintiff has 30 days to appeal. From: To: Subject: Appeal of Perry Thurston, Case No. 15-007 Date: Monday, February 02, 2015 11:23:00 AM AttadIments: AW Do I need to make a new file for this? Tyler Jefferson Executive Office of the Governor Office of the General Counsel The Capitol, Suite 209 Tallahassee, Florida 32399 Phone: (850) 717-9310 Fax: (850) 488-9810 5* r/ I - 'Wh ?s war/ring rum Barnes, Kelly From: Wint, Diane Z. [Diane.Wint@dos.myfloridaeom] Sent: Friday, January 30, 2015 7:27 PM To: Jefferson, Tyler Cc: Gibson, Ben Subject: Appeal of Perry Thurston, Case No. FEC 15-007 Part 1 of 3 Attachments: Thurston Response. Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 500 South Bronough Street, Suite 100 Tallahassee, Florida 32399-0250 ?8 850.245.6536 850.245.6127 Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state o?icials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. @ltsWorkingFL The Department of State is committed to excellence. I cat?s . I ?warking Please take our Customer Satisfaction Survey. TODAY BEFORE THE FLORIDA ELECTIONS COMMISSION, STATE OF FLORIDA APPEAL OF PERRY THURSTON, Candidate. Case No. FEC 15-007 RESPONSE OF THE DIVISON OF ELECTIONS The Division of Elections, Department of State (hereina?er, ?Division?), responds to the appeal of Perry Thurston from the Division?s denial of certi?cation of Perry Thurston as a candidate eligible to receive matching funds pursuant to the Florida Election Campaign Financing Act, sections 10630?10636, Florida Statutes (2014), and states as follows: 1. Candidates for Governor or Cabinet o?ice who desire to receive matching funds must ?le a request for contributions upon qualifying for of?ce and, among other requirements, raise a statutorin speci?ed amount of eligible contributions. 106.33, Fla. Stat. (2014). To be eligible to receive matching fund contributions, candidates for a Cabinet Of?ce must raise $100,000 in contributions. 106.33. Before receiving matching ?nds, the Division of Elections must ?certify whether the candidate is eligible for such contributions.? 106.35, Fla. Stat. (2014). Only those candidates who have ?been certi?ed to receive contributions . . . shall be entitled to distribution of funds . . . Id. 2. Contributions from individuals who are not state residents at the time of contributing may not be used to meet the $100,000 threshold amount to be certi?ed as a candidate entitled to receive matching ?mds. 3. Candidates who have been certi?ed to receive matching funds are entitled to distributions on a two-to-one basis for qualifying matching contributions making up all or a portion of the $100,000 threshold amount, and on a one-to-one basis for all other qualifying matching contributions. 4. Candidates must report contributions to the Division for both certi?cation of eligibility (the threshold amount) and matching purposes. See Eligibility is based on contributions listed in the campaign ?nance reports required to be ?led by section Florida Statutes (2104).1 Fla. Admin. Code R. In addition to the timely reporting of eligible contributions in their campaign ?nance reports, candidates must provide documentation for each contribution. Rule (requiring, ?a c0py of the check? for a contribution made by check). ?Documentation that does not conform to the speci?cations? set forth in rule ?will not be processed? by the Division. Rule 5 . State matching funds are distributed beginning on the 32nd day prior to the primary election (July 25, 2014) and every 7 days thereafter to candidates certi?ed as eligible to receive matching funds who have timely submitted documentation. Rule There are two initial documentation submission deadlines: documentation for the ?rst distribution (on the 32nd day prior to the primary election) must be received by the Division on or before the 60th day prior to the primary election (June 27, 2014), and documentation for the second distribution (August 1, 2014) must be received by the Division on or before the 32nd day prior to the primary election (July 25, 2014). Rule (?Each subsequent distribution of ?mds will be based on the prior week?s timely ?led report or reports?). 6. However, candidates may begin reporting contributions and providing supporting documentation to the Division of Elections for the purpose of meeting the $100,000 eligibility ?[S]uch report is timely for purposes of matching funds only if it is ?led no later than 12:00 Noon (Eastern Time), on the date it is due." Rule 2 requirement as soon as they become candidates.2 Candidates often provide supporting documentation for the purpose of establishing the $100,000 threshold well in advance; one such candidate submitted documentation as early as December 2013, eight mOnths prior to the Primary Election. Exhibit 1. Others submitted documentation prior to the June 27 and July 25 deadlines. Id. 7. On May 12, 2014, the Division sent a memorandum to all candidates for the o?ice of Governor or Cabinet of?ce, reminding them that the Division ?is currently accepting? documentation and encouraging the submission of ?documentation that is ready for veri?cation soon as possible.? Exhibit 2 (emphasis in original). On July 24, 2014, after the ?rst deadline for documentation, the Division sent another memorandum reminding candidates of the due dates for documentation and explaining some ?of the more common mistakes that we see in reports and supporting documentation that can be avoided . . . Exhibit 3. 8. However, Mr. Thurston did not provide any documentation until August 2014, even though Mr. Thurston became a candidate on November 1, 2013 and began receiving contributions On November 1 l, 2013. Exhibits 4 5; Af?davit of Kristi Reid Bronson (hereinafter, ?Bronson Aff?) 1] 3. The ?rst batch of documentation was submitted by the Perry Thurston for Attorney General Campaign (hereinafter, ?Thurston Campaign?) on August 7, 2014. Exhibit 6; Bronson Aff. 1] 3. On August 15, 2014, the Division of Elections received the second batch of documentation from the Thurston Campaign. Exhibit 7; Bronson Aff. 4. Both batches of 2 Only contributions made after September 1 of the calendar year prior to the election may qualify as matching contributions. Fla. Stat. However, that distinction does not apply to those contributions that may be counted toward the $100,000 threshold amount, which may be calculated using contributions made before or after September 1. 3 documentation were untimely, because they included documentation that was due by the June 27 and July 25 deadlines. Bronson Aff. 1] 4. 9. On Thursday, August 21, 2014, the Thurston Campaign called the Division of Elections to inquire whether it would be receiving matching funds on riday, August 22, 2014 (the next scheduled day for distribution of matching funds by the Division). Bronson Aff. 11 5. The Division of Elections informed the Thurston Campaign that it would not receive a check on August 22, because the supporting documentation submitted by the Thurston Campaign on August 7 and August 15 was untimely. Id. ?Distribution of funds based on untimely documentation or reports, amended reports, or supplemental documentation will be distributed no later than the weekly cycle occurring three weeks after receipt of such documentation or report.? Rule Additionally, the Division of Elections informed the Thurston Campaign that Mr. Thurston had not yet been certi?ed as eligible to receive matching funds, because he had not yet submitted veri?able documentation establishing that he had received at least $100,000 in eligible contributions. Bronson Aff. 1[ 5. 10. At 2:03 pm. on August 22, 2014, less than four days before the Primary Election, the Thurston Campaign for the ?rst time submitted documentation purporting to establish that it had received at least $100,000 in eligible contributions to support that Mr. Thurston should be certi?ed as a candidate eligible to receive matching funds. Bronson Aff. 6; Exhibit 8 (explaining that, having been ?noti?ed that in order to receive our matching funds, we must document the campaign receiving $100,000 in contributions,? the campaign was submitting documents that ?should put us over the $100,000 requirement?). 1 1. By rule, the Division of Elections is required to complete veri?cation of late-?led documentation in time to distribute funds no later than the weekly distribution cycle occurring three weeks after receipt of the documentation or report. Rule Nonetheless, in light of the approaching Primary Election, the Division accelerated its processing of the August 22 batch of documentation and completed it in three days, ?nishing the process on the evening of August 25, 2014. Bronson Aff. 1] 7. 12. However, the documentation did not support that Mr. Thurston was eligible to receive matching ?nds. The veri?able documentation supported the receipt of only $99,251.70 in eligible contributions, short of the $100,000 threshold. See Exhibit 9; Bronson Aff. 1f 8. 13. One hundred forty contributions reported on Mr. Thurston?s campaign ?nance reports were not eligible?or were not able to be veri?ed as eligible?to count toward the $100,000 threshold. Exhibit 10. For 74 contributions, the Thurston Campaign failed to submit any documentation. 1d. For 33 contributions, the contributor was not a Florida resident. Id. Three contributions had been refunded. M. For 16 contributions, the campaign ?nance report itself was missing information?cg, a failure to list a contributor?s address or speci?c occupation. 1d,; see Rule (?Reports of contributions ?led by candidates requesting matching funds must include all information required by Section[] 106.07 . . . 106.07 (requiring reports to contain, among other things, the ?full name, address, and occupation? of the contributors, ?together with the amount and date of such contributions?). 14. Fourteen contributions had incomplete or improper documentation. Exhibit 10. Among those that had incomplete documentation were COpies of ?ve checks from which it was impossible to determine the name on the checking account, because the check itself had apparently been folded during the copying process. Exhibit 11. 15. Identi?cation of the holder of the checking account is integral to the veri?cation process for two reasons. First, the documentation for each contribution must correSpond to a contribution that has been included in the candidate?s campaign ?nance report. See Rule 18- (requiring ?all information required by? section 106.07). Second, in order to count toward the $100,000, the Division must determine whether the contributions were received from individuals who were state residents at the time of contributing. Unable to identify the name of the holder of the account from which those contributions were made, the Division was not able to determine whether or not they were eligible to count toward Thurston's $100,000 threshold for certi?cation of eligibility to receive matching funds. 16. On August 27, 2014, the Division of Elections advised the Thurston Campaign that the $100,000 threshold had not been met. Bronson Aff. 1] 9. 17. On October 14, 2014, over seven weeks after being informed that he had not submitted suf?cient veri?able documentation?and seven weeks after the Primary Election?Mr. Thurston submitted supplemental documentation for a few of the many contributions that could not be veri?ed for lack of suf?cient documentation: he provided new copies of the ?ve checks on which the holder of the checking account was previously unidenti?able. Exhibit 12. 18. However, Mr. Thurston could not be certi?ed as a candidate eligible to receive matching funds, because he was no longer a candidate, having been eliminated as a candidate seven weeks earlier when he lost the August 26, 2014 Primary Election on Election Day. See Thurston Appeal, 1] 11 (admitting that Mr. Thurston was eliminated as a candidate or about August 26, By the time of Mr. Thurston?s October 14 submission of documentation, he had not only been defeated on Election Day, but the results of the election had already been 3 Cf Op. Div. of Elections Fla. 02-15 (2002) (A ?candidate can only expend funds from their campaign account after election day for the type of expenditures permitted? by those who have been ?eliminated as a candidate") (citing 106.141, Fla. Stat); cf also 100.061 (?The candidate receiving highest number of votes cast in each contest in the primary election shall be declared nominated for such of?ce?). certi?ed by the Elections Canvassing Commission. See Fla. Stat. (providing that the Elections Canvassing Commission shall meet on the 9th day after the Primal-y Election), 19. After the Division of Elections received the supplemental documentation sent on October 14, 2014, Mr. Thurston was informed that he would not receive matching funds because he never became eligible to receive matching funds prior to being eliminated as a candidate. Upon request, the Division of Elections later issued a written denial, attached as Exhibit 13, explaining that the Division had ?declined to certify Representative Thurston as a candidate eligible for contributions and therefore denies his request for funds.? 20. The Division never veri?ed an amount of documented eligible contributions in excess of $100,000, because the supplemental documentation was submitted a?er Mr. Thurston ceased to be a candidate on August 26, 2014. Mr. Thurston alleges that he raised $100,051.70 in ?qualifying matching contributions,? and is entitled to a distribution of $200,103.70. Thurston Appeal 1111 14, 16. However, even assuming that he had prOperly documented $100,051.70 in contributions eligible to be counted toward the threshold prior to being eliminated as a candidate, not all of those contributions would be eligible to be matched. 21. While contributions of any amount from any type of contributor individuals, corporations, committees) may be used to calculate the $100,000 threshold, only a contribution ?of $250 or less from an individual? is eligible to be matched. (?Aggregate contributions from an individual in excess of $250 will be matched only up to As such, of the $99,251.70 of documented contributions that the Division veri?ed prior to Mr. Thurston being eliminated as a candidate, only $37,416.00 would have been eligible to be matched, entitling him to $74,832.00 (far less than the $200,103.70 he asserts in his appeal). 22. Further, even if Mr. Thurston were eligible to receive matching funds, he would be required to return all of the funds to the General Revenue Fund except for those used to pay ?for items which were obligated before he . . . was eliminated? and to pay ?for eXpenditures necessary to close down the campaign of?ce and to prepare ?nal campaign reports.? (requiring eliminated candidates who have received matching funds to ?return all surplus campaign funds to the General Revenue Fund? after ?all monetary commitments pursuant to s. and have been met?). 23. Additionally, the amount Mr. Thurston would have been permitted to spend 0n obligated expenses would be limited to only a small portion of the total matching funds to which he might have been entitled. This is because candidates are not permitted to obligate any funds not already on deposit in their campaign account, except those matching funds to which the candidate is eligible to receive based on qualifying matching contributions received and certi?ed to the Division on the last reporting deadline on the 4th day prior to the election. Fla. Stat; Fla. Stat. The Division received documentation for $4,985 in matchable contributions made to the Thurston Campaign during the reporting period of the 4th-day report. Exhibit 14. Therefore, even if Mr. Thurston had been certi?ed as eligible to receive matching contributions, he would only have been entitled to spend $9,970 (after the 2-to-1 match) to pay eXpenses, if any, he had obligated prior to being eliminated. After paying any remaining expenses necessary to close down the campaign of?ce and prepare his ?nal campaign report (which he was obligated to ?le within 90 days of being eliminated, 106.141, Fla. Stat), he would have been required to return the remainder to the General Revenue Fund. 24. Yet, the law does not allow any distribution under these circumstances. The Division?s denial of Mr. Thurston?s request for matching ?rnds was correct, because only candidates certi?ed as eligible to receive matching funds are entitled to a distribution of funds, Fla. Stat. Thus, at the time Mr. Thurston alleges to have submitted supplemental documentation that he asserts would support the $100,000 threshold, the Division lacked statutory authority to certify him because he was no longer a candidate, having been eliminated almost two months earlier. 25. Even if the express language of section 106.35 did not prohibit the distribution of matching funds to Mr. Thurston, allowing such a distribution would produce an unreasonable result that should be avoided. If individuals were permitted to submit supplementary documentation to establish the $100,000 threshold for eligibility at any time, even after being eliminated as a candidate, there would be no limiting principle to achieve ?nality; the Division of Elections would be required to release State funds to former candidates months or years after the conclusion of an election cycle. Fortimately, the Legislature avoided that result by making it clear that to ?be entitled to distribution of funds,? an individual must be a ?candidate who has been certi?ed to receive [matching funds] contributions.? 106.3 Conclusion For the foregoing reasons, the Florida Elections Commission should af?rm the Division?s denial of certi?cation of Perry Thurston as a candidate eligible to receive matching ?mds. Respectfully submitted, J. Andrew Atkinson J. Andrew Atkinson General Counsel Fla. Bar No.: 14135 Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 Fax No.: (850) 245-6127 Phone No.: (850) 245?6536 Counsel for Division of Elections, Department of State CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was ?nished by E- mail this 30th day of January, 2015 to: Mark Herron J. Brennan Donnelly Robert J. Telfer, MESSER CAPARELLO, P.A. P.O. Box 15579 Tallahassee, FL 32317 Tel.: (850) 222-0720 Fax: (850) 558-0659 J. Andrew Atkinson Attorney 10 Barnes, Kelly From: Wint, Diane Z. [Diane.Wint@dos.myfloridacom] Sent: Friday, January 30, 2015 7:28 PM To: Jefferson. Tyler Cc: Gibson, Ben Subject: Appeal of Perry Thurston. Case No. FEC 15-007 Part 2 of 3 (Exhibits 1-7) Attachments: Exhibits to Response 1-7.pdf Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 500 South Bronough Street, Suite 100 Tallahassee, Florida 32399-0250 3? 850.245.6536 850.245.6127 81 diane.wint@dos.mvilorida.com Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. in addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. @ltsWorkingFL l. The Department of State is committed to excellence. Whnt' I Please take our Customer Satisfaction Survey. EXHIBIT 1 Robinson, Hanks, Young and Roberts, RA. Certi?ed Public Accountants Eric W. Robinson, C.P.A. Susan C. Hanks. C.P.A. Sydney P. Young, C.P.A. 133 South Harbor Drive - Venice, Florida 34285 Tel: 941.488.7794 Fax: 941.488.1718 wwxobinsonhanksxom Donna M. Roberts, C.P.A. December 20, 2013 Kristi Reid Bronson, Chief I . Bureau of Election Records HHTMEHT Lt? Department of State 20Division of Elections Room 316, RA. Gray Building 500 South Bronough Street Tallahassee FL 32399 or RE: Matching funds copies for Adam Putnam campaign-IDh? 60369 Dear Ms Bronson Enclosed are the matching fund copies for the Adam Putnam Campaign for the Q3 2013 reporting pe?od. Please contact me if you have at questions as 941?488-7794 Sincerely Mb Eric Robinson, CPA Treasurer nib Members of The Florida Institute of Certi?ed Public Accountants Bondi #60487 2014 P5 cos/eves RECEIVEB SeqELECTIONS 0 TALLAHASSEE. FL Bondi, Pam for Attorney General - Bondi_Individual Contributions Name Gregcory COLEMAN Con?rm VLEEB1F06172 Am $500 00 E-mail gregcoinc@aol.corn Date 7/3 H2014 Contact Me No Time 09:36:46 AM AX Phone 8636658175 Status Complete - 0: Approved ype 3026 sullon woods dr Employer Gregco Recycling Address . . Occupatlon Presment plant city, FL 33566 Item Donations Name E?mail Phone Custom Fields Send to Address r1 EYE) {max \Cj? 0; 3/44! 4W0: *2 ndgyegx @em Qwech Mme ?63? mu? MM m3, ?mx gar?W Winn <2 \C?h (am'pax; "Fwaw cam me Lew? 80?/ OW S?xmcew?e TDOK {ash DargJLij (arm->an (Nag \wan ECW 66V ?7 Mow 8?;ij (om/L, dO?ft?CU/l, Merq/ GEORGE for ATTORNEY GENERAL in .. . 3- HANDBELIVEHED George Sheldon, #51133 Report 2013 M10 Matching Funds Documentation PO. Box 10364 - Tallahassee, Florida 32302 - 850.894.0191 info@georgesheldon2014.com - LPoIitical advertisement mm for and approved by George Sheldon, Democral. for Attorney General, I JOE: EXHIBIT 2 ELORI DA DEPARTMENT RICK SCOTT KEN DETZNER Governor Secretary of State MEMORANDUM TO: Candidates for Governor and Cabinet FROM: Kristi Reid Bronson, Chief (.6 Bureau of Election Records DATE: May 12. 2014 SUBJECT: Matching Funds This is to remind all candidates for the office of Governor or Cabinet of?cer that s. 106.33, Florida Statutes, requires those candidates who desire to receive matching funds to ?le a request for such contributions upon qualifying for of?ce with the Division ofElections using Form DS-DE 98. A copy ofthe form is available on the Division?s website at: DE98.gdt? The Division is currontly accepting matching funds documentation for the campaign ?nance reports required to be ?led on or before June 28, 2014. If the candidate knows that he or she will be accepting matching funds. 1 encourage you to submit documentation that is ready for verification as soon as possible. Please review the guidelines for submitting documentation in the 2014 Public Campaign Finance Handbook at: Public Campaign Financina Handbookodf if you have any questions. please do not hesitate to contact our helpline at 350-245-6280. f" Division of Elections RA. Gray Building, Suite 316 500 South Bronough Street - Tallahassee, Florida 32399 Thar; 850.245.6200 - 850.245.6217 (Fax) e1ection.dos.5tate.?.ua Romy Promoting Florida?s History and Culture VivaFIorida.org Id 1111111 HDRIUA. EXHIBIT 3 Bronson, Kristi R. From: Bronson, Kristi R. Sent: Thursday, July 24, 2014 6:43 PM To: 'Brian Quintana'; Nancy H. Watkins 'thadcampaign@bellsouth.net? Subject: Matching Funds Attachments: SKM_4S4e14072418310.pdf Please see attached memo regarding matching funds. Regards Kris? Reid Bronson. Chief Division (JfEleciirms, Bureau of Elecriun Record: (850) 245-6240 DEPARTMENT RICK SCOTT KEN DETZNER Governor Secretary of State IMPORTANT NOTICE TO: Matching Funds Candidates FROM: Kristi Reid Bronson, 0111'ch Bureau of Election Records DATE: July 24, 2014 SUBJECT: State Campaign Matching Funds Program As a candidate who has requested participation in the Statewide Campaign Matching Funds Program authorized under Section 106.33, Florida Statutes, we offer you the following update and reminders to ensure the timely submission, processing and distribution of funds: For a review of the comprehensive requirements and underlying statutory and regulatory authority, please refer again to the online 2014 Public Campaign Finance Handbook which can be found at: i d?20] i?20l4 Public am im Financin We especially draw your attention to the following contents of the Handbook: Rule [8?2.047 (pp. 17-19), the funds distribution schedule 20), and the calendar of reporting dates Contribution reports and supporting documentation for each contribution report must be timeiy?ied by noon (Eastern Time.) on the estobiished due date to receive the distribution as scheduled. The due dates for contribution reports and documentation to ensure timely distribution are as follows: 0 Friday, June 27?? for the first distribution on July 0 Friday, July 25?? for the second distribution on August 0 Each Friday thereafter for each subsequent weekly Friday distribution. Division of Elections RA. Gray Building, Suite 316 - 500 South Bronough Street - Tallahassee, Florida 32399 Wh- 850.245.6200 - 850.245.6217 [Fax] election.dos.state.?.us FLORIDA- Promoting Florida?s History and Cutture VivnFlorida.org he UNA I Lote?led contribution reports and documentation could delay distribution as much as (hree weeks?'om the time ofinilioi submission. Typically, distributions are made based upon the prior week?s timely ?led submission. To date, we have processed all documentation reports submitted on or before June 27, 2014. The checks for the ?rst distribution will be available at Noon, Friday, July 25, 2014. Reporting errors and improper documentation may also deiay distributions. Some of the more common mistakes that we see in reports and supporting documentation that can be avoided include, but are not limited to: Omitting the candidate?s last name, identi?cation number, report name or contribution sequence number from supporting documentation Submitting paperwork out of sequence with the corresponding campaign treasurer?s 0 report Failing to include or providing generic occupations for contributions in excess of 1 00 Providing an incomplete address for a contributor, and Reporting split contributions - This is only allowable for checks for the maximum contribution ($3000 for gubernatorial candidates and $1000 for cabinet member candidates) with two signatures. 0 If you have any questions, please contact me at 350-245-6240. EXHIBIT 4 Heir) narrate; up If: APPOINTMENT OF CAMPAIGN TREASURER -- - AND SIGNATION OF CAMPAIGN 13 _l 53 DEPOSITORY FOR CANDIDATES (Section 106.021 (1)l F.S.) ="Ii (PLEASE PRINT 0R TYPE) 1.3m STATE NOTE: This form must be on tile with the qualitying of?cer betore opening the campaign account. OFFICE USE ONLY 1. CHECK APPROPRIATE initial Filing of Form to Change: TreasurerIDeputy Depository Office Party 2. Name oi Candidate (in this order: First, Middle. Last) 3. Address (include post office box or street, city. state. zip code) E. ?390 4. Telephone 5. Email address FT. Lnu Fr. 3 53 ?99 4-457 Office sought (include district, circuit. group number) 7. It a candidate for a nonpartisan of?ce, check if applicable: My intent is to run as a Write-In candidate. Fl. GENERAL. 3. li' a candidate for a partisan office. check block and till in name of party as applicable: My intent is to run as a [j Write-In No PartyAfiiliation Party candidate. 9. have appointed the following person to act as my a Campaign Treasurer Deputy Treasurer 10. Name of Treasurer or Deputy Treasurer PIN-rme "Batu sen 11. Mailing Address 12. Telephone EiBecumm nib Fl. 13. City 14. County 15. State 16. Zip Code 17. E-mail address (:11 Badman) Fl. ease: a.ch abgm. Cb? 18. I have designated the following bank as my Primary Depository Secondary Depository 19. Name 01 Bank Hm 20. Address #aoo Hoe; BLVD. 21. City 22. County 23. State 24. Zip Code weep Madam) 33091.} UNDER PENALTIES or PERJURY, i DECLARE THATI HAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF DEPOSITORY AND THAT THE FACTS STATED IN IT ARE TRUE. 25. Date Candid I ?n n/l/te .wal? 27. Treasurer?s Acceptance of Appointment (fill in the blanks a?cheok the appropriate ok) I. BRUNSOM (Please Print or Type Name) designated above as: Campaign Treasurer _x Pate Signallurr of (famty?ign Treasurer?or Deputy Treasurer DS-DE 9 (Rev. 10110) 7? Rule . hereby accept the appointment EXHIBIT 5 FLORIDA DEPARTMENT OF STATE, DIVISION OF ELECTIONS CAMPAIGN REPORT SUMMARY (1) Perry E. Thurston (2) 61164 Candidate, Committe or Party Name ID. Number (3) Of?ce BOX 1330 Fort Lauderdale FL 33302 Address (number and street) City State Zip Code Check box if address has changed since last report (4) Check appropriate box(es): Candidate (of?ce sought): [3 Political Committee Check It PC has DISBANDED Committee of Continuous Exislance El Check if CCE has DISBANDED [3 Party EXecutlve Committee REPORT IDENTIFIERS Cover Period: From 11 {013201 3 To 11 130,!2013 Report Type: M1 1 Original Amendment Special Election Report (6) CONTRIBUTIONS THIS REPORT (7) EXPENDITURES THIS REPORT Cash Checks 521.500.00 Monetary Expenditures $304.22 Loans $0.00 Transfers to Of?ce Account $0.00 Total Monetary $21,500.00 Total Monetary $304.22 ln-Kind $0.00 (8) Other Distributions Certi?cation It is a ?rst degree misdemeanor for any person to falsify a public record (55.839.13, F.S.) I certify that have examined this report and it is I certify that have examined this report and it is true. correct and complete true. correct and complete Name of Treasurer Deputy Treasurer Name of Candidate Chaiman (PCIPTY Only Signature Signature Prepared on: 1:23:15 Revuewed 0n: 1210113 9:15 an Page 1 of 1 Inoornplete Record ID: V1511 CAMPAIGN REPORT ITEMIZED CONTRIBUTIONS Name: Pew E. Thurston Repomz?j? Period: 1110112013 to 1 113012013 Records in Filed Report Full Name Seq (Last. Suf?x. First. Middle ammbu?c" Occupa'm? Amount Date StreetAddress City. State, 210 Type In-Kind Description mm 1 WALDMAN, JAMES 4000 MIN 74 ST. 1 AWORNEY 31'000'00 1141142013 COCONUT CREEK. FL 33073 CHE 2 PPI. INC. 1300 sw 3RD ST. '3 550030 1141112013 POMPANO BEACH. FL 33069 CHE 3 1(1me 3. SPELLACY. PA 1 00 200 3. ANDREW AVE. 311-1 FLOOR 3 LAW 0'00 1112012013 FORT LAUDEROALE. FL 33301 CHE 4 PUBLIC RIGHT TO KNOW PC. INC. 3 000 2350 N. ANDREWS AVE. PAC 5 '00 1142242013 FORT LAUDEROALE. FL 33311 CHE 5 DANIEL R. MAIER. PA. 1 000 00 915 MIDDLE RIVER DR.. STE. 300 LAW 5 1112212013 FORT LAUOERDALE. FL 33304 CHE 6 LIOUOR. INC. 500 00 245 NW 27TH AVE. 3 BEVERAGE RETAIL ESTABLISHMENT 11430I2013 FORT LAUDERDALE. FL 33311 CHE 7 THURSTON. KENNETH R. 250 00 4377 Nw 37 AVE. REALTOR 1143012013 LAUDERHILL. FL 33319 CHE 3 FREIDIN. PHILIP $1 000.00 3132 MUNROE DR. 1143042013 COCONUT GROVE. FL 33133 CHE 3 F001 SERVICES. INC. $1 .000.00 3300 UNIVERSITY PARKWAY 3 1143012013 SARASOTA. FL 34240 CHE 10 FIELDS. SAMUEL 5. $250.00 3730 sw 13 ST. ATTORNEY 1113012013 FL 3331? CHE 11 JCMS PROPERTIES LLC $1 .000.00 6000 CATTLERIDGE STE. 200 3 DEVELOPMENT INVESTMENTS 1143042013 SARASOTA. FL 34232 CHE 12 .ISLAT PROPERTIES. LLC $1,000.00 6000 CMTLERIDGE STE 200 3 DEVELOPMENT INVESTMENTS 1143012013 SARASOTA, FL 34232 CHE 13 CITATION DEVELOPMENT LLC $1 .000.00 6000 CMTLERIDGE 200 [3 DEVELOPMENT INVESTMENTS 111302013 SARASOTA. FL 34232 CHE 14 PPI. INC. $1 .500.00 1300 sw 3RD ST. 3 1113012013 POMPANO BEACH. FL 33039 CHE 15 BOOK. RONALD L. 53.000.00 491 COCONUT PALM TER. 1143042013 PLANTATION. FL 33324 CHE 16 RONALD BOOK PA $3,000.00 13351 NE 29 AVE. STE. 1010 LAW 1113042013 AVENTURA. FL 33130 CHE 1T E-NOTARIESNET $500.00 PO BOX 3231 NOMARIES 1143042013 FORT LAUDERDALE. FL 33310 CHE 13 JUDITH STERN CONSULTING. INC. $500.00 303 E. LAS OLAS BLVD. STE. 103 3 GOVERNMENT 103042013 FORT LAUOERDALE. FL 33301 CHE 13 ROBERTS. MALCOME E. $500.00 7243 w. OAKLAND PARK BLVD. 1143042013 LAUDERHILL. FL 33313 CHE Reviewed?On: 12110113 0:15 3m Prepared on: 1123115 EXHIBIT 6 Bronson, Kristi R. Benjamin From: Sent: Thursday, August 07, 2014 11:00 AM To: Bronson, Kristi Zach Meunier Subject: Thurston for A.G. Matching Funds Report 61164 Attachments: Thurston 61164 2013 M11.docx; Thurston 61164 2013 M12.docx; Thurston 61164 2014 M1.docx; Thurston 61164 2014 M2.docx Please see the following reports attached to this Email: 2013 M11, 2013 M12, 2014 M1, 2014 M2. EXHIBIT 7 Bronson, Kristi R. From: Sent To: Subject: Attachments: Hey Kristi. Benjamin Friday, August 15, 2014 11:14 AM Bronson, Kristi Zachary Meunier Thurston for A.G. Matching Funds Report Amendments 61164 M1-2 Amendeddocx; M3-5 Amendeddocx; M5-103 amendeddocx; M5-168 Amendeddocx; amendeddocx; P5-8 Amended.docx; P5-11 Amendmentdocx Please ?nd attached missing matching funds documentation. I would like these contributions included in our matching funds report. Please confirm that you have received these documents. Perry Thuston for Attorney General 61164 Thanks, Benjamin Estes Finance Assistant 850-879-3236 Barnes, Kelly From: Wint, Diane Z. [Diane.Wint@dos.myfloridacom] Sent: Friday, January 30. 2015 7:29 PM To: Jefferson, Tyler Cc: Gibson. Ben Subject: Appeal of Perry Thurston. Case No. FEC 15-007 Part 3 of 3 Attachments: Af?davit of Krisit Bronson.pdf 0m Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 500 South Bronough Street, Suite 100 Tallahassee, Florida 32399-0250 850.245.6536 850.245.6127 Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying up0n the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a Specific statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. '@ItsWorkingFL The Department of Stale is committed to excellence I What's . . Please take our Customer Satisfaction Survey. 'l . I Florida Council J9 State Propel:le - Article 24 Fiscal Year 2015-16 Jammy 26, 2015 Page I 01'2 Article 24 ASSIGNMENT AND CALL-BACK SECTION (A) ?On-call" assignment shall be de?ned as when Ihe employee has [mm justnmied the lo mnm?n available: to relum the work location :11) short notice In pcrfurm assigned duties: during an all-Lindy periud, and to leave word where the em plume. may be reached by or nlher signaling device. Such assignment? i5 no! as hours walked. (H) An employer:- Jnay bc instructed verbally be on-cmll far up in 2-1 culmeculiwm lmurs, however an employee shall be required to be {nu-call for more than 24 consecutive hours or one consecutive calendar day unless such institutions are in writing. If such written instructions are um; rem-rived personally by employee, the employee may refuse to accept my verbal instructions to be ?ll-cal? for such periods. If; howar, the employee accepts a verbal assignment to be ton-cull for such periods and 1mm there is a dispute. as to such was made, the employee 31ml] not bi: eligible for on-call payments in excess {21' the period for which veran instrument?: are. appropriate. An employee's immediate supavisur who is wvemd by this shall not have the authority to place an employee in on~call Status. (C) Orr?Call When a 4-: {bl-KW!" 'w F, We .5 . ?59-'13? who is required hr on- "31d - Lru? n0 call shall be: . hour for each hour such cm . - - l?x . frtia . . agarovidcd hemiu, up 1 (2) An employeg: _wlw is required tug ?lie. pghqall pp Sunday or holiday as: listed in section Florida If? of the statewide "raw -- in an amoqu 3:16:7- cggal ?in?il?imijzixnum ?9r 11-19 $939193? .l .. . such miter-w is required to be For the State For Cant-nil 79 - - 22 . ?ml-ail L1- E. Hector Ramos State?s (Ellie Labor Negotialm? Chie 1? Negoti Mm- pom" 2 4421 :12? .11-, 31C 0/27 Dan: 'l I 'l . Florida Council 79 State Proposal Article 34 Flash} Year 2015-16 January 26. 2015 Page :2 SECTION 2 Cum-Buck When an employee has been Emanuele-(i to be on-cnll in with sccii?n 1m) above. is: called back he the work kmation perform assigned duties, the empinycc shall be: credited for actual time worked, or a minimum of two hours, whichever is greater. The 11119.0F compensation shall he 1' accordance with the links: of the Stan: System. An cmploycc?s immediate supervisor who is tm'emc! by this Contract shall nut have the authority 10 place an employee in call~lmck Stains. For the State. I For Flori?a Council 79 H. a .xl MiE??iel mm ?agging; Sta Chiel'hlhor Negotiator (:hichegmgumrz whiffg 3/45 .. .. ,1 Dale From: WM To: Abbott, glenn; Arnold, Carrie; Austin, Geraldine; Baker, Sylvia; Bianton, Michelle; Brownin Laurie; Cabanero mu; Cabral, Irene: Camit, Joe: Carr, Carol: Carroll, Alesia: Clemons, Paul: Combs LouEnen; Conro Bruce- ?93,11mmy; Davidson, Bonnie: Delanev. Gus: DiSaIvo, David: Flovd, Bonnie: Fluhamg?Denson, Kim; Gibson, Gomez, Diane: Graham, Amv; Helms. Mark; Henderson, Mark: Hicks Joe Hoffman, Cindy; Hooker, John; Home, Cindy; HRM Policv Team List: Hunter, Anoela; Jefferson, Shelby: Kelley, Liz; Kin Susan; Kirwin Tom; Wig; Larson, Sharon: Linkous, Sarah: Marion, Christine: Martin, Jim: Mathews, Audrey; Mattimore Mezzara, Cindy; McCullouoh, Phillip: McSwaln, Ross: McVanev, Joe: ?aw; Minno Matthevv' Mondmgon, Louise; Moore, Ruesther: Nelson, Bill: Parrv. Jim; Parton, Glorv: Patlno Melissa' Perdue, Alissa; Ehanggf, Jennifer; Powell, Bennett: Presslev. Yvettee: Rhodes, Terrv: Roberts, Pam; R0 ers Mar 0; Saunders Seabrooks, Michelle; Shivelv, Brett: Shoemaker, Paiqe; Shulnes, Lana: SimmonsI Lori; Sk'pper, Jamie; 5mm], gmanda; Snider, Roarv: SteoD, Terrv: Strickland, Deborah: Sullivan, Dale: Tapper, David; Thomas mane; Tondee, Renee; Uliasz, James: Veal, Sue; Vick, Jake: Ward, Kim: Waters, Veronica; Watson Wanda; Wilkerson, Libby; Williams, Risa: Williamson, Heather Subject: AFSCME 1/30[15 Negotiation follow up Date: Monday, February 02, 2015 10:45:10 AM Anadlme?m Wild! Attached are the following documents: - Tentatively agreed to State?s PrOposal Article 24 - AFSCME Committee sign-in sheets for the 1/30/15 negotiation session for purposes of providing administrative leave The AFSCME committee is scheduled to meet via conference call to discuss the remaining impasse articles on W5 at 2 pm. Please coordinate with the committee members below to provide administrative leave as needed. Paul Whittingham, President Local 985 - DCF . Lisa McCalister, President Local 1963 - DCF . Velma Tensley, President Local 1969 - APD Della Danny-Abbot, President Local 2673 - DCF Denise Keith, President Local 2812 - DCF Goff, President Local 2850 - DJJ Felicia Bell, President Local 2861 - DCF Ketha Otis, President Local 2862 - DOE . Glenn Holcomb, President Local 3041 - DJJ Sheron D, Mickens, President Local 3076 - DCF Richard Flamm, President Local 3104 8.: Vice-president Council 79 - FWC Richard Cantin, President Local 3106 - DOH . Sallie Barnes, President Local 3048 - DOT Tangeria "Tammy" Griffin, President Local 3054 DOH John Miller, President Local 3170 HSMV . Nilda Mariscal, President Local 3173 - DOH Deborah Powell?Skinner, President Local 3216 DOH . Jone Sue, President of Local 3037 - DCF Thank you, Claire Whitley Human Resource Consultant Florida Department of Management Services Office of the General Counsel 4050 Esplanade Way, Suite 160, Tallahassee, Florida 323990950 Office: (850) 487-9460 Follow Us on Twitter Follow Us on AFSCME Florida Council 79 NEGOTIATIONS ATTENDANCE SHEET AFSCME Representatives (by phone) January 30, 2015 2:00 pm 4:00 pm 4050 Esplanade Way, Room 101 NAME DEPARTMENT AND STATE JOB TITLE (Please Print&sign) WORK LOCATION 57Mer (Do hL 310(p 10M) (D 30 - i ?ii/Myrna Hikle 3/0! ?014 8&1 . rm ?bn 30?! Ml IN hmm?m W6 ?g (but? AFSCME Florida Council 79 NEGOTIATIONS ATTENDANCE SHEET AFSCME Representatives (in person) January 30, 2015 2:00 pm - 4:00 pm 4050 Esplanade Way, Room 101 1 EMS La 5 NAME DEPARTMENT AND STATE JOB TITLE (please print a. sign) WORK LOCATION I}qu ?Ems ~pr ~6 HSUUJT 45 07' . ji/xt?r?? wax/m. st. bmw/Va/Mua QM, W, -. UU 'l ?l - Plon'dzl {louncll J9 State .Propcsal v- Article 24 Fiscal Year 2015-16 January 26, 2015 Page I 01'2 Article 24 pl: AND CALL-BACK SECTION 1 -- (A) "Dwain" assignment shall be: de?ned as when Ihe employee has been instructed by the management to remain available to return to the work Iocmion on short notice to perform assigned duties: during an off-duty period, and to leave 1mud where the. may be reached by phone 01' other i?lEC?'UnlC signaling device. Such assignment is nol as hours walked. (B) An employer: may bc imtructed verbally be on-call for up In 24 comwuliva Jmurs. however no cmpluycc shall be required be for more than 24 consecutivvt: hours Or one consecutive calendar day unless such instinctinns are: in writing. Il? such written instructions are not received persunally by lhl: cm p10 yet-3, Ihc employee may re?lse {o accept verhal in?rm-firms to be alt-call for such periods. If; employee accepts a verbal assignment to be ma-cull for such periods and later than: is a dispute as to whether such was made, the employee shall not be: eligible for meal] payments in excess 01' ?le periud 1hr ?#15011 verbal instruments are appropriaic. An employee's immediate supen?lsm- Wm: 1' uwemd by this shall not have [he anthem}? to place an cmpioycc in on-caJl Status. q, (C) On-rtan will: +r -- a? with}: 2m whu is required to he on- 5m? b: mag; is required to be mlucal] law. ,6 x" n: I {gin-3"" H- I ?in i" at." A 'szx?t?. - . . I. I tux-.1131:ng pol; hour for each hour such 2H as: . my. .. h, ~Mwaz>sr i "Hi?gig: q: or (2) An employeg who is requimd tug jg; gall-cal holiday;gg?lqalgd?lpwsegtiqn Florida SIEtlL?ltESx-?igfg?V I in an alt-noun; algal io 01 ??kminimum for {he mnplovcc's pavuradc we xiqv?ky'?tgf. 23.523such employ-w is named to be mm A Sarah}: 01? 3: 9f the statewide 1'5} 1 For the. State Mr. A - .- . .-.. . .--. . H. .. helm! Matmnore Hector Ramos Slate's Chie Ialbur Negotiator Chief Negm l?llnl' For (launcil h?n; .- 1" I C.th Norma Council 79 State Proposal Article 24 Fiscn?u Year 201 I 6 January 26. 201 Page OH. SECTION 2 Calla?Buck When an employee who has been insane-Mi be on-cull in with scciion HA) above. is; culled hack to the work kmatinn perform msigmd duties, the empinycc shall be crecliled for ucmai time worked, or a minimum of two hours, whichever is yuatcr. The rate. of compensation shall he in accordance with [he Rum: nt? the State PerS?nnc} System. An cmpioycc?s immediate supervisor who (mu-wot! by this Contract shall not have the authorii?' 1n place an employee in call-hack Slams. Bar the State For A FTP-1E Florida Council kn?: .. - n, 81:1 ?3 Negotiator i i 11$ .. . - Date From: AW To: Subject: FW: Date: Sunday, February 01, 2015 1:25:37 PM Attachments: From: Bronson, Kristi R. Sent: Saturday, January 31, 2015 8:43 PM To: Atkinson, Drew Cc: Holland, GaryJ.; Matthews, Maria I. Subject: REGARDS. KRISTE REID BRONSON. CHIEF DIVISION OF ELECTIONS. PURE. OF ELECTION RECORDS 850 245-6240 @ltSWOfkinQ The Department of State is committed to excellence. Please take our ggugtomer Satisfactron Survey. Department of State State of Florida Tallahassee, Florida To the Supervisor of Elections I hereby certify the names of the following candidates who have been duly nominated to the resPective of?ces and the names of candidates with no party af?liation, write?in candidates, and nonpartisan candidates who quali?ed for of?ce for the Special General Election to be held on the Twenty-First day of April, 2015 AD. Ballot Certi?cation Hillsborough County, Florida State Representative, District 64 James Grant (REP) Daniel John Matthews (WRI) Where only one name appears for a particular of?ce, the name will not appear on the ballot, except for retention of?ces (Supreme Court and District Court of Appeal) where every name will appear. The name of a write-in candidate will not appear on the ballot; instead, a blank line will appear. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be af?xed at Tallahassee, the Capital, this the Seventeenth day of December, 2014 AD. new Ken Detzner Secretary of State Department of State State of Florida Tallahassee, Florida To the Supervisor of Elections I hereby certify the names of the following candidates who have been duly nominated to the respective of?ces and the names of candidates with no party af?liation, write-in candidates, and nonpartisan candidates who quali?ed for of?ce for the Special General Election to be held on the Twenty-First day of April, 2015 AD. Ballot Certi?cation Pinellas County, Florida State Representative, District 64 James Grant (REP) Daniel John Matthews (VVRI) Where only one name appears for a particular o?ice, the name will not appear on the ballot, except for retention of?ces (Supreme Court and District Court of Appeal) where every name will appear. The name of a write-in candidate will not appear on the ballot; instead, a blank line will appear. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be af?xed at Tallahassee, the Capital, this the Seventeenth day of December, 2014 AD. worm Ken Detzner Secretary of State From: mm T0: Emu Subject: SpamScore] FW: Emailing: 20150210PIN_Cert2045_QP2.pdf Date: Sunday, February 01, 2015 1:24:55 PM Attachments: WWI From: Holland, Gary J. Sent: Tuesday, December 16, 2014 2:35 PM To: Bronson, Kristi R. Subject: FW: Emailing: Looks ?ne. (5:1 From: Bronson, Kristi R. Sent: Tuesday, December 16, 2014 2:26 PM To: Holland, Gary J. Subject: Emailing: 20150210PlN__Cert2045_QP2.pdf [@ltsWorkir?IgFL The Depariment of State is committed to excellence. L?i Please take our ngtomer Sagiefagiign ?grvex. Department of State State of Florida Tallahassee, Florida To the Supervisor of Elections In compliance with the provisions of Section Florida Statutes, I hereby certify that the following named persons have quali?ed as candidates for the Special Primary Election to be held on the Tenth day of February, 2015 AD. Ballot Certi?cation Pinellas County, Florida Republican State Representative, District 64 James Grant Where only one name appears as a particular party?s nominee or for a nonpartisan of?ce, the name will not appear on the ballot. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be af?xed at Tallahassee, the Capital, this the Sixteenth day of December, 2014 ADKen Detzner Secretary of State [I?ll] EAT.- I 't From: swam To: 5mm Subject: FW: Special Primary Certi?cation - House 64 Dalia: Sunday, February 01, 2015 1:23:18 PM Attachments: "Ti?639mm From: Holland, GaryJ. Sent: Tuesday, December 16, 2014 3:57 PM To: Marcus, Julie Cc: Matthews, Maria Bronson, Kristi Latimer, Craig; Clark, Deborah Subject: RE: Special Primary Certification House 64 Julie: You can see who has quali?ed from looking at our website (use the dropdown to select the election). One write?in candidate quali?ed his name is Daniel John Matthews. Because there will be no primary election held in House District 64, We plan to issue the general election certi?cation tomorrow; thus, you will have the official word tomorrow. Regards, Gary J. Hoffamf Assistant Director, Division of Elections Florida Department of State R.A. Gray Building, 500 S. Brououglr Street Tallahassee, FL 323 99?0250 Phone: 850445-6200 Fax: 850-245-6217 Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records and are available to the public and media upon request unless the information is subject to a speci?c statutory exemption. Tb erefore, this email and any that you sent that generated this response may be subject to public dis closure. From: Marcus, Julie imailtoumaccusmuenine?asmn] Sent: Tuesday, December 16, 2014 3:02 PM To: Bronson, Kristi Latimer, Craig; Clark, Deborah Cc: Holland, GaryJ.; Matthews, Maria l. Subject: RE: Special Primary Certification - House 64 Kristi Our certification from the 2014 General Election included write-in candidates? names with to the right of the names. We understand this certification is for a special primary, however knowing whether is there is a certified write-in candidate is important as we make plans for the special general. Could the DOE please confirm if there is a qualified write-in candidate for the race of House District 64 and the name of that candidate? Thank you. Julie Juiie K. Marcus, Deputy Supervisor of Elections Representing Deborah Ciarit, Supervisor of Eiections 13001 Starkey Road targo, Florida 33773 Phone-(7271 464-5710 Fax:f7271453-3058 . I . Under Fio rida iaw, email addresses are public records. if you do not want your e-rnaii address reieased in response to a pubiic-records request, do not send electronic maii to this entity. instead, contact this office by phone or in writing. 668.606 From: Bronson, Kristi R. Sent: Tuesday, December 16, 2014 2:55 PM To: Latimer, Craig; Clark, Deborah Cc: Holland, Gary J. Matthews, Maria I. Subject: Special Primary Certi?cation - House 64 Dear Supervisors? The special primary election ballot certification is now available under the file transfer utility portion of the SOE Admin portal: Florida Depanmeni of State Diws1on of Elections SOE Administrative Services Application Links Candidates Candidate Petzuons 1 Manual Miscellaneous . imp; mm Then click on Ballot Certification: Admin Menu Manage File Ballot Certi?caiion Search Results Exit If you have any questions, please email me at REGARDS. KRISTI REID BRONSON. CHIEF DIVISION OF ELECTIONS, FURE OF ELECTION RECORDS Hernia Depann?lem 2f State Uimemn of Elecliens EOE Admimsn allure Servacee Application Links Candidates Candldate Petitions I Manual Miscellaneous ?le Transfer magi The Department of Stale is committed to excellence. Please take our Customer Survey. From: To: 92mm; Eenskalanm Subject: RE: Call tomorrow re election Issue Date: Saturday, January 31, 2015 10:05:47 AM Hi Taryn, noon works for me. Drew?s is 954?771-4849 From: Cerio, Sent: Saturday, January 31, 2015 9:39 AM To: Fenske, Taryn Cc: Gibson, Ben Subject: RE: Call tomorrow re election issue Noon works for me. Ben, do you have Drew?s number? From: Fenske, Taryn Sent: Saturday, January 31, 2015 9:39 AM To: Cerio, Subject: Re: Call tomorrow re election issue She can do noon. Does that work for you? Also, do you have Drew's number you can pass along? Thank you, Taryn On Jan 30, 2015, at 9:09 PM, Cerio, Tim wrote: Hey Taryn - can you set up a conference call tomorrow at 1 1 am. with me, Melissa, Ben Gibson, Frank, and Drew Atkinson Thanks much. Sent from my iPhone Sent ?'om my iPhone From: Mut?tanez. To: mm Cc: 5WD Subject: Appeal of Perry Thurston, Case No. FEC 15-007 Part 3 of3 Date: Friday, January 30, 2015 7:29:27 PM Attachments: Wm ?m Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 500 South Bronough Street, Suite 100 Tallahassee, Florida 32399-0250 ?8 850.245.6536 850.245.6127 Q. Note: This reSponse is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. rking FL The Departmenl of State is committed lo excellence. :3 Please take our Customer Satisfaction Survey AFFIDAVIT OF KRISTI REID BRONSON BEFORE THE FLORIDA ELECTIONS COMMISSION. STATE OF FLORIDA APPEAL OF PERRY THURSTON, Candidate. Case No.: FEC 15-007 AFFIDAVIT OF KRISTI REID BRONSON COUNTY OF LEON STATE OF FLORIDA COMES NOW, a?iant, KRISTI REID BRONSON. upon being duly swom, deposes and says: 1. My name is Kristi Reid Bronson and I have personal knowledge of the following. I am over eighteen (18) years old. 2. I am the Bureau Chief responsible for the Bureau of Election Records within the Florida Department of State?s Division of Elections. I have held this position for more than nine (9) years. In this capacity, I am responsible for overseeing the Division of Election?s election campaign ?nancing program pursuant to Chapter 106, Florida Statutes, including the certi?cation of candidates as eligible to receive matching funds pursuant to the Florida Election Campaign Financing Act, sections 10630?10636, Florida Statutes (2014). 3. The Division did not receive matching funds documentation from Perry Thurston until August 7, 2015, when the Perry Thurston for Attorney General Campaign (hereinafter, ?Thurston Campaign?) submitted his ?rst batch of documentation. 4. The Division received the second batch of documentation from the Thurston Campaign on August 15, 2014. Mr. hurston?s August 7 and August 15 submissions were untimely. because they included documentation that was due by the June 27 and July 25 deadlines set forth in rule. 5. On August 21, 2014, the Thurston Campaign called the Division to inquire whether it would receive matching funds on August 22, 2014. I informed the Thurston Campaign that it would not receive a check on August 22, because the documentation submitted by the Thurston Campaign was untimely. Additionally, I informed the Thurston Campaign that Mr. Thurston was not certi?ed to receive matching funds because he had not yet submitted veri?able documentation establishing he had received at least $100,000 in eligible contributions. 6. At 2:03 p.111. on August 22, 2014. the Thurston Campaign submitted an additional batch of documentation, accompanied by an email stating the contributions documented in the submission ?should put us over the $100,000 requirement.? 7. By rule. the Division of Elections is required to complete veri?cation of late-?led documentation in time to distribute funds no later than the weekly distribution cycle occurring three weeks after receipt of the documentation or report. However, in light of the approaching Primary Election, the Division accelerated its processing of the August 22 batch of documentation and completed the process on the evening of August 25, 2014. 8. The veri?able documentation supported receipt of only $99,251.70 in eligible contributions. Mr. Thurston did not meet the $100,000 threshold. Ix.) 9. On August 27, 2014, I advised the Thurston Campaign by telephone that it had not met the $100,000 threshold. Further Af?ant Sayeth Naught. L'dyz?R ?gk REID BRONSON STATE OF FLORIDA COUNTY OF LEON . . . 3 (fax, Sworn to and before me this 0 . day of January, 2015, by KRISTI REID BRONSON who is personally known to me or produced as identi?cation. .33? \ssm51kg If (SEAL) 52129681 NOTARY PUBLIC a? -. . . . My Conm'nssron Expires: ?40; gif?'sws?Qw?e? From: To: mm Cc: 5112mm Subject: Appeal of Perry Thurston, Case No. FEC 15-007 Part 2 of 3 (Exhlbits 1-7) Date: Friday, January 30, 2015 7:28:40 PM Atladmants: Wind: 0W Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 500 South Bronough Street, Suite 100 Tallahassee, Florida 32399-0250 8 850.245.6536 850.245.6127 1. . 1 . I Note: This response is provided for reference only and does not constitute a formal legal Opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a Speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. @ItsWorkingFL The Department of Slate is committed to excellence. Please take our Customer Satisfaction Suwev. EXHIBIT 1 Robinson, Hanks, Young and Roberts, RA. Certi?ed Public Accountants Eric W. Robinson, C.P.A. susan Hank A 133 South Harbor - VeniCC, Florida 34285 . a, . . . Sydney Young A Tel: 941.488.7794 Fax: 941.488.1718 . Donna M. Roberts, C.P.A. December 20, 2013 Kristi Reid Bronson, Chief ?r Bureau of Election Records DJ Walt Department of State 20? DEC Division of Elections 23 PH 2: 57 Room 316, RA. Gray Building .- 115;!? . . 500 South Bronough Street Tallahassee FL 32399 RE: Matching funds copies for Adam Putnam campaign-lDii 60369 Dear Ms Bronson Enclosed are the matching fund copies for the Adam Putnam Campaign for the Q3 2013 reporting penod. Please contact me if you have at questions as 941-488-7794 Sincerely ML Eric Robinson, CPA Treasurer Members of The Florida Institute of Certi?ed Public Accountants Bondi #60487 2014 P5 REcalvE? Seq. JUN -7 PH 37 WISIOH ELECTIONS 0 TALLAHASSEE. FL Bondi, Pam for Attorney General - Bondi_Individual Contributions Name Gregcory COLEMAN Con?rm VLEEB1F06172 E-rnail gregcoinc@aol.com Date 7/31/2014 $500? Contact Me No Time 09:36:46 AM CC AX Phone 8636658175 Status Complete - 0: Approved 3026 sullon woods dr Employer Recycling Address 0 t. .d plant city, FL 33566 ccupa Ion r651 en Item Donations Name . E-mail Send to Address Phone Custom Fields kc? \ix m?n Emmy? g?f'g?o 75w 50 6 $374? "$59 EFF. 4/10.. lg 5 gem ?Hag bo?m"??nn% Row1:23? M?VCYuvxg? 9pm? mm \oh (ampa (?aw Mia wv?? aww or HE . S?xmcesve 113* {an Omega/r ?6962} 3h (Nag \Maxx Q6fo 66V ?7 Esco [q are) GEORGE Nair mm?, for ATTORNEY GENERAL .39 3_ J: we - If George Sheldon, #61138 Report 2013 M10 Matching Funds Documentation - Tallahassee, Florida 32302 - 850.894.0191 inf0@georgesheldon20l4.com LPolitical adverbsemenl pald for and approved by George Sheldon. Democrat. for Alrornry General I @w EXHIBIT 2 VI. FLORIDA DEPARTMENT OLSTATE RICK SCOTT KEN DETZNER Governor Secretary of State MEMORANDUM TO: Candidates for Governor and Cabinet FROM: Kristi Reid Bronson, Chief tab Bureau of Election Records DATE: May 12, 20M SUBJECT: Matching Funds This is to remind all candidates for the of?ce of Governor or Cabinet officer that s. 106.33, Fierida Statutes, requires those candidates who desire to receive matching funds to ?le a request for such contributions upon qualifying for of?ce with the Division ofElections using Form DS-DE 98. A copy of the form is available on the Division?s website at: The Division is currently accepting matching funds documentation for the campaign ?nance reports required to be ?led on or before June 28, 2014. If the candidate knows that he or she will be accepting matching funds. I encourage you to submit documentation that is ready for veri?cation as soon as possible. Please review the guidelines for submitting documentation in the 2014 Public Campaign Finance Handbook at: Public Campaign Financing If you have any questions. please do not hesitate to contact our helpline at 850-245-6280. Division of Elections RA. Gray Building, Suite 316 500 South Bronough Street - Tallahassee, Florida 32399 'Yi??rHar-i 350.245.6200 850.245.6217 (Fax) election.dos.state.?.ua FLORIDA Promoting Florida?s History and Culture VivaFIorida.org Will EXHIBIT 3 Bronson, Kristi R. From: Bronson, Kristi R. Sent: Thursday, July 24, 2014 6:43 PM To: 'Brian Quintana'; Nancy H. Watkins 'ghSheidon@aoLc0m'; 'thadcampaign@bellsouth.net' Subject: Matching Funds Attachments: SKM_454e14072418310.pdf Please see attached memo regarding matching funds. Regards, Kris?ri Reid Bronson, ('hicf/ Division (J'Efec'n'om?, Bureau Records (850) 245-6240 FLORIDA DEPARTMENT ofSTA'ra RICK SCOTT KEN DETZNER Governor Secretary of State IMPORTANT NOTICE TO: Matching Funds Candidates FROM: Kristi Reid Bronson, Chiertiilf? Bureau of Election Records DATE: July 24, 2014 SUBJECT: State Campaign Matching Funds Program As a candidate who has requested participation in the Statewide Campaign Matching Funds Program authorized under Section 106.33, Florida Statutes, we offer you the following update and reminders to ensure the timely submission, processing and distribution of funds: For a review of the comprehensive requirements and underlying statutory and regulatory authority, please refer again to the online 2014 Public Campaign Finance Handbook which can be found at: Public Campaign Financing We eSpecially draw your attention to the following contents of the Handbook: Rule tS-2.047 (pp. 17?19), the funds distribution schedule in. 2D), and the calendar of reporting dates 21). Contribution reports and supporting documentation for each contribution report must be timely?led by noon (Eastern Time) on the established due date to receive the distribution as scheduled. The due dates for contribution reports and documentation to ensure timely distribution are as follows: 0 Friday, June 27?? for the first distribution on July 0 Friday, July 25?'1 for the second distribution on August 15?. 0 Each Friday thereafter for each subsequent weekly Friday distribution. Division of Elections RA. Gray Building, Suite 316 I- 500 South Bronough Street - Tallahassee. Florida 32399 -. I 850.245.6200 850.245.6217 [Fax] election.doa.state.?.us Promoting Florida?s History and Culture VivaFlorida.org ?d 0 Late ?led contribution reports and documentation could delay distribution as much as three the time oft'nitt'oi submission. Typically, distributions are made based upon the prior week?s timely ?led submission. To date, we have processed all documentation reports submitted on or before June 27, 2014. The checks for the ?rst distribution will be available at Noon, Friday, July 25, 2014. Reporting errors and improper documentation may also delay distributions. Some of the more common mistakes that we see in reports and supporting documentation that can be avoided include, but are not limited to: Omitting the candidate?s last name, identi?cation number, report name or contribution sequence number from supporting documentation Submitting paperwork out of sequence with the correSponding campaign treasurer?s 0 report Failing to include or providing generic occupations for contributions in excess of $100 Providing an incomplete address for a contributor, and Reporting split contributions - This is only allowable for checks for the maximum contribution ($3000 for gubernatorial candidates and $1000 for cabinet member candidates) with two signatures. 0 I 1' you have any questions, please contact me at 350-245-6240. EXHIBIT 4 HAND DELIVERED c- "a I. Ir: APPOINTMENT OF CAMPAIGN TREASURER - - I AND ATION 0F CAMPAIGN 13 my 53 DEPOSITORY FOR CANDIDATES (Section 106.021 (1). PS.) I . . . (PLEASE PRINT 0R TYPE) 0F STA NOTE: This form must be on file with the qualifying of?cer before opening the campaign account. OFFICE USE ONLY 1. CHECK APPROPRIATE Initial Filing of Form Fie-Iiling to Change: Treasurer/Deputy [j Depository O?ice Party 2. Name of Candidate (in this order: First. Middle. Last) 3. Address (include post office box or street. city. state. zip code) E. THURETONJJR. ?390 4. Telephone 5. E-mail address FL. 353 be +451 LI THUils-ro mm :3 3511.50 r' rye-r 6. Offlce sought (include district, circuit. group number) 7. If a candidate for a office, check if applicable: My intent is to run as a Write-In candidate. Fl. ATTORNEY GENERAL 8. if a candidate for a partisan office, check block and fill In name of party as applicable: My Intent is to run as a [j Write-in No Party candidate. 9. I have appointed the following person to act as my [3 Campaign Treasurer Deputy Treasurer 10. Name of Treasurer or Deputy Treasurer 9 Ben 5cm 11. Mailing Address 12. Telephone Ito EZBEomem BOULEVQQEHTL FIE Sent: Thursday, August 07, 2014 11:00 AM To: Bronson, Kristi Zach Meunier Thurston for A.G. Matching Funds Report 61164 Thurston 61164 2013 M11.docx; Thurston 61164 2013 M12.docx; Thurston 61164 2014 M1.docx; Thurston 61164 2014 M2.docx Subject: Attachments: Please see the following reports attached to this Email: 2013 M11, 2013 M12, 2014 M1. 2014 M2. EXHIBIT 7 Bronson, Kristi R. From: Sent: To: Subject: Attachments: Hey Kristi, Benjamin Friday, August 15, 2014 11:14 AM Bronson, Kristi Zachary Meunier Thurston for A.G. Matching Funds Report Amendments 61164 M1-2 Amendeddocx; MB-S Amendeddocx; M5-103 amendeddocx; M5-168 Amendeddocx; P2-34 amendeddocx; P5-8 Amendeddocx; P5-11 Amendmentdocx Please ?nd attached missing matching funds documentation. I would like these contributions included in our matching funds report. Please confirm that you have received these documents. Perry Thuston for Attorney General 61164 Thanks, Benjamin Estes Finance Assistant 850-879-3236 From: TO: Cc: Grimm Subject: Appeal of Perry Thurston, Case No. FEC 15-007 Part 1 of 3 Date: Friday, January 30, 2015 7:26:54 PM Attachments: Wadi Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 500 South Bronough Street, Suite 100 Tallahassee, Florida 32399-0250 850.245.6536 850.245.6127 E. Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. The Department of State is committed to excellence. Please lake our Customer Satisfaction Survey. BEFORE THE FLORIDA ELECTIONS COMMISSION, STATE OF FLORIDA APPEAL OF PERRY THURSTON, Candidate. Case No. FEC 15-007 RESPONSE OF THE DIVISON OF ELECTIONS The Division of Elections, Department of State (hereinafter, ?Division?), responds to the appeal of Perry Thurston from the Division?s denial of certi?cation of Perry Thurston as a candidate eligible to receive matching funds pursuant to the Florida Election Campaign Financing Act, sections 10630?10636, Florida Statutes (2014), and states as follows: 1. Candidates for Governor or Cabinet of?ce who desire to receive matching funds must ?le a request for contributions upon qualifying for of?ce and, among other requirements, raise a statutorily speci?ed amount of eligible contributions. 106.33, Fla. Stat. (2014). To be eligible to receive matching ?lIlCl contributions, candidates for a Cabinet Of?ce rnust raise $100,000 in contributions. 106.33. Before receiving matching funds, the Division of Elections must ?certify whether the candidate is eligible for such contributions.? 106.35, Fla. Stat. (2014). Only those candidates who have ?been certi?ed to receive contributions . . . shall be entitled to distribution of funds . . Id. 2. Contributions from individuals who are not state residents at the time of contributing may not be used to meet the $100,000 threshold amount to be certi?ed as a candidate entitled to receive matching funds. 3. Candidates who have been certi?ed to receive matching funds are entitled to distributions on a two-to-one basis for qualifying matching contributions making up all or a portion of the $100,000 threshold amount, and on a one-to-one basis for all other qualifying matching contributions. 4. Candidates must report contributions to the Division for both certi?cation of eligibility (the threshold amount) and matching purposes. See Eligibility is based on contributions listed in the campaign ?nance reports required to be ?led by section Florida Statutes (2104).1 Fla. Admin. Code R. In addition to the timely reporting of eligible contributions in their campaign ?nance reports, candidates must provide documentation for each contribution. Rule (requiring, ?a copy of the check? for a contribution made by check). ?Documentation that does not conform to the speci?cations? set forth in rule ?will not be processed" by the Division. Rule 5. State matching funds are distributed beginning on the 32nd day prior to the primary election (July 25, 2014) and every 7 days thereafter to candidates certi?ed as eligible to receive matching funds who have timely submitted documentation. Rule There are two initial documentation submission deadlines: documentation for the ?rst distribution (on the 32nd day prior to the pr'unary election) must be received by the Division on or before the 60th day prior to the primary election (June 27, 2014), and documentation for the second distribution (August 1, 2014) must be received by the Division on or before the 32nd day prior to the primary election (July 25, 2014). Rule (?Each subsequent distribution of funds will be based on the prior week?s timely ?led report or reports?). 6. However, candidates may begin reporting contributions and providing supporting documentation to the Division of Elections for the purpose of meeting the $100,000 eligibility 1 ?[S]uch report is timely for purposes of matching funds only if it is ?led no later than 12:00 Noon (Eastern Time), on the date it is due.? Rule 2 requirement as soon as they become candidates.2 Candidates often provide supporting documentation for the purpose of establishing the $100,000 threshold well in advance; one such candidate submitted documentation as early as December 2013, eight months prior to the Primary Election. Exhibit 1. Others submitted documentation prior to the June 27 and July 25 deadlines. Id. 7. On May 12, 2014, the Division sent a memorandum to all candidates for the o?ice of Governor or Cabinet of?ce, reminding them that the Division ?is currently accepting? documentation and encouraging the submission of ?documentation that is ready for veri?cation as soon as possible.? Exhibit 2 (emphasis in original). On July 24, 2014, a?er the ?rst deadline for documentation, the Division sent another memorandum reminding candidates of the due dates for documentation and explaining some ?of the more common mistakes that we see in reports and supporting documentation that can be avoided . . . Exhibit 3. 8. However, Mr. Thurston did not provide any documentation until August 2014, even though Mr. Thurston became a candidate on November 1, 2013, and began receiving contributions on November 11, 2013. Exhibits 4 5; Af?davit of Kristi Reid Bronson (hereinafter, ?Bronson Aft?) 3. The ?rst batch of documentation was submitted by the Perry Thurston for Attorney General Campaign (hereinafter, ?Thurston Campaign?) on August 7, 2014. Exhibit 6; Bronson AH. 11 3. On August 15, 2014, the Division of Elections received the second batch of documentation from the Thurston Campaign. Exhibit 7; Bronson Aff. 1] 4. Both batches of 2 Only contributions made after September 1 of the calendar year prior to the election may qualify as matching contributions. Fla. Stat. However, that distinction does not apply to those contributions that may be counted toward the $100,000 threshold amount, which may be calculated using contributions made before or after September 1. 3 documentation were untimely, because they included documentation that was due by the June 27 and July 25 deadlines. Bronson Aff. 11 4. 9. On Thursday, August 21, 2014, the Thurston Campaign called the Division of Elections to inquire whether it would be receiving matching funds on Friday, August 223 2014 (the next scheduled day for distribution of matching funds by the Division). Bronson Aff. 1} 5. The DivisiOn of Elections informed the Thurston Campaign that it would not receive a check on August 22, because the supporting documentation submitted by the Thurston Campaign on August 7 and August 15 was untimely. Id. ?Distribution of funds based on untimely documentation or reports, amended reports, or supplemental documentation will be distributed no later than the weekly cycle occurring three weeks after receipt of such documentation or report.? Rule Additionally, the Division of Elections informed the Thurston Campaign that Mr. Thurston had not yet been certi?ed as eligible to receive matching funds, because he had not yet submitted veri?able documentation establishing that he had received at least $100,000 in eligible contributions. Bronson Aff. 1] 5. 10. At 2:03 pm. on August 22, 2014, less than four days before the Primary Election, the Thurston Campaign for the ?rst time submitted documentation purporting to establish that it had received at least $100,000 in eligible contributions to support that Mr. Thurston should be certi?ed as a candidate eligible to receive matching ?mds. Bronson Aff. 1] 6; Exhibit 8 (explaining that, having been ?noti?ed that in order to receive our matching funds, we must document the campaign receiving $100,000 in contributions,? the campaign was submitting documents that ?should put us over the $100,000 requirement?). 11. By rule, the Division of Elections is required to complete veri?cation of late-?led documentation in time to distribute funds no later than the weekly distribution cycle occurring three weeks after receipt of the documentation or report. Rule Nonetheless, in light of the approaching Primary Election, the Division accelerated its processing of the August 22 batch of documentation and completed it in three days, ?nishing the process on the evening of August 25, 2014. Bronson Aff. 1] 7. 12. However, the documentation did not support that Mr. Thurston was eligible to receive matching funds. The veri?able documentation supported the receipt of only $99,251.70 in eligible contributions, short of the $100,000 threshold. See Exhibit 9; Bronson Aff. 1] 8. 13. One hundred forty contributions reported on Mr. Thurston?s campaign ?nance reports were not eligible?or were not able to be veri?ed as eligible?to count toward the $100,000 threshold. Exhibit 10. For 74 contributions, the Thurston Campaign failed to submit any documentation. Id. For 33 contributions, the contributor was not a Florida resident. Id. Three contributions had been refunded. Id. For 16 contributions, the campaign ?nance report itself was missing information?cg, a failure to list a contributor?s address or speci?c occupation. 1d,; see Rule (?Reports of contributions ?led by candidates requesting matching funds must include all information required by Section[] 106.07 . . . 106.07 (requiring reports to contain, among other things, the ?full name, address, and occupation? of the contributors, ?together with the amount and date of such contributions?). 14. Fourteen contributions had incomplete or improper documentation. Exhibit 10. Among those that had incomplete documentation were copies of ?ve checks from which it was impossible to determine the name on the checking account, because the check itself had apparently been folded during the copying process. Exhibit 11. 15. Identi?cation of the holder of the checking account is integral to the veri?cation process for two reasons. First, the documentation for each contribution must correspond to a contribution that has been included in the candidate?s campaign ?nance report. See Rule 13- (requiring ?all information required by? section 106.07). Second, in order to count toward the $100,000, the Division must determine whether the contributions were received from individuals who were state residents at the time of contributing. 106.3 Unable to identify the name of the holder of the account from which those contributions were made, the Division was not able to determine whether or not they were eligible to count toward Mr. Thurston?s $100,000 threshold for certi?cation of eligibility to receive matching funds. 16. On August 27, 2014, the Division of Elections advised the Thurston Campaign that the $100,000 threshold had not been met. Bronson Aff. 11 9. 17. On October 14, 2014, over seven weeks after being informed that he had not submitted suf?cient veri?able documentation?and seven weeks a?er the Primary Election?Mr. Thurston submitted supplemental documentation for a few of the many contributions that could not be veri?ed for lack of suf?cient documentation: he provided new COpies of the ?ve checks on which the holder of the checking account was previously unidenti?able. Exhibit 12. 18. However, Mr. Thurston could not be certi?ed as a candidate eligible to receive matching funds, because he was no longer a candidate, having been eliminated as a candidate seven weeks earlier when he lost the August 26, 2014 Primary Election on Election Day. See Thurston Appeal, 1] 11 (admitting that Mr. Thurston was eliminated as a candidate or about August 26, By the time of Mr. Thurston?s October 14 submission of documentation, he had not only been defeated on Election Day, but the results of the election had already been 3 Cf Op. Div. of Elections Fla. 02-15 (2002) (A ?candidate can only expend funds from their campaign account after election day for the type of expenditures permitted? by those who have been ?eliminated as a candidate?) (citing 106.141, Fla. Stat); cf also 100.061 (?The candidate receiving highest number of votes cast in each contest in the primary election shall be declared nominated for such of?ce?). certi?ed by the Elections Canvassing Commission. See 102.1110), Fla. Stat. (providing that the Elections Canvassing Commission shall meet on the 9th day after the Primary Election). 19. After the Division of Elections received the supplemental documentation sent on October 14, 2014, Mr. Thurston was informed that he would not receive matching funds because he never became eligible to receive matching funds prior to being eliminated as a candidate. Upon request, the Division of Elections later issued a written denial, attached as Exhibit 13, explaining that the Division had ?declined to certify Representative Thurston as a candidate eligible for contributions and therefore denies his request for funds.? 20. The Division never veri?ed an amount of documented eligible contributions in excess of $100,000, because the supplemental documentation was submitted after Mr. Thurston ceased to be a candidate on August 26, 2014. Mr. Thurston alleges that he raised $100,051.70 in ?qualifying matching contributions,? and is entitled to a distribution of $200,103.70. Thurston Appeal 1m 14, 16. However, even assuming that he had properly documented $100,051.70 in contributions eligible to be counted toward the threshold prior to being eliminated as a candidate, not all of those contributions would be eligible to be matched. 21. While contributions of any amount from any type of contributor individuals, corporations, committees) may be used to calculate the $100,000 threshold, only a contribution ?of $250 or less from an individual? is eligible to be matched. (?Aggregate contributions from an individual in excess of $250 will be matched only up to As such, of the $99,251.70 of documented contributions that the Division veri?ed prior to Mr. Thurston being eliminated as a candidate, only $37,416.00 would have been eligible to be matched, entitling him to $74,832.00 (far less than the $200,103.70 he asserts in his appeal). 22. Further, even if Mr. Thurston were eligible to receive matching funds? he would be required to return all of the funds to the General Revenue Fund except for those used to pay ?for items which were obligated before he . . . was eliminated? and to pay ?for expenditures necessary to close down the campaign of?ce and to prepare ?nal campaign reports.? (requiring eliminated candidates who have received matching funds to ?return all surplus campaign funds to the General Revenue Fund? after ?all monetary commitments pursuant to s. and have been met?). 23. Additionally, the amount Mr. Thurston would have been permitted to spend on obligated expenses would be limited to only a small portion of the total matching funds to which he might have been entitled. This is because candidates are not permitted to obligate any funds not already on deposit in their campaign account, except those matching funds to which the candidate is eligible to receive based on qualifying matching contributions received and certi?ed to the Division on the last reporting deadline on the 4th day prior to the election. 106.1 Fla. Stat; Fla. Stat. The Division received documentation for $4,985 in matchable contributions made to the Thurston Campaign during the reporting period of the 4th-day report. Exhibit 14. Therefore, even if Mr. Thurston had been certi?ed as eligible to receive matching contributions, he would only have been entitled to Spend $9,970 (alter the 2-to-1 match) to pay expenses, if any, he had obligated prior to being eliminated. After paying any remaining expenses necessary to close down the campaign of?ce and prepare his ?nal campaign report (which he was obligated to ?le within 90 days of being eliminated, 106.141, Fla. Stat), he would have been required to return the remainder to the General Revenue Fund. 24. Yet, the law does not allow any distribution under these circumstances. The Division?s denial of Mr. Thurston?s request for matching funds was correct, because only candidates certi?ed as eligible to receive matching funds are entitled to a distribution of funds. Fla. Stat. Thus, at the time Mr. Thurston alleges to have submitted supplemental documentation that he asserts would support the $100,000 threshold, the Division lacked statutory authority to certify him because he was no longer a candidate, having been eliminated almost two months earlier. 25. Even if the express language of section 106.35 did not prohibit the distribution of matching funds to Mr. Thurston, allowing such a distribution would produce an unreasonable result that should be avoided. If individuals were permitted to submit supplementary documentation to establish the $100,000 threshold for eligibility at any time, even after being eliminated as a candidate, there would be no limiting principle to achieve ?nality; the Division of Elections would be required to release State ?mds to former candidates months or years after the conclusion of an election cycle. Fortunately, the Legislature avoided that result by making it clear that to ?be entitled to distribution of funds,? an individual must be a ?candidate who has been certi?ed to receive [matching funds] contributions.? Conclusion For the foregoing reasons, the Florida Elections Commission should af?rm the Division?s denial of certi?cation of Perry Thurston as a candidate eligible to receive matching funds. Respectfully submitted, J. Andrew Atkinson J. Andrew Atkinson General Counsel Fla. BarNo.: 14135 Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 Fax No.: (850) 245-6127 Phone No.: (850) 245-6536 Counsel for Division ofElections, Department of State CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by E- mail this 30th day of January, 2015 to: Mark Herron J. Brennan Donnelly Robert J. Telfer, MESSER CAPARELLO, P.A. PO. Box 15579 Tallahassee, FL 32317 Tel.: (850) 222-0720 Fax: (850) 558-0659 J. Andrew Atkinson Attorney 10 From: W2. To: 12m Cc: 51mm; A?sinsnm?ren Subject: Deadlines Date: Friday, January 30, 2015 5:59:36 PM Attachments: WM 0W Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 500 South Bronough Street, Suite 100 Tallahassee, Florida 32399-0250 3? 850.245.6536 850.245.6127 Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. @ltsWorkingFL The Department of State is committed to excellence. Please take our Customer Satisfaction Survev. DEADLINES 1/30/2015 2015 DEADLINE Warm Mineral Springs: Def. DL - Disclosure of Expert Reports DEADLINE Steinberg v. Matthews: (SCH-2316) Petitioner's Reply to Respondents' Responses Due before 12:00 pm. 2 2 DEADUNE Steinberg v. Matthews: (SC14-2316) Respondents' Responses to Petition for a Writ of Quo Warranto Due before 12:00 pm. 3 5 DEAD Thurston - FEC: Thurston's Repiy to Commission due 9 DEADUNE Andrews: Respondent file response within 20 days of service of the Second Amended Petition 15 DEADUNE Warm Mineral Springs: Discovery cutoff 24/25 DEADLINE Thurston - FEC: FEC Hearing 25 DEADUNE LOWV v. Detzner 8; Bondl (1D14-5614): Appellant to file index and records on appeal Mar 2015 4 LOWV v. DetznerlSC14-1905): Oral Argument 9 a.m. 3 DEADUNE Warm Mineral Springs: Dispositive Motions, Daubert and Markman Motions WORKING DEADLINE Faiella - Rule Making WAITING 0N Andrews v. DOS - Draft Proposed Order From: mama; To: Cc: Glam: We: Subject: Faiella v. DOS Date: Friday, January 30, 2015 5:49:58 PM Attachments: Wadi 0m Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 500 South Bronough Street, Suite 100 Tallahassee, Florida 32399-0250 850.245.6536 850.245.6127 E. Note: This response is provided for reference only and does not constitute a formal legal Opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attomey to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state of?cials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. @ItsWorkingFL The Department of Slate is committed to exceltence. Please take our Customer Satisfaction Survgg. STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS JOANN FAIELLA, MAYOR OF THE CITY OF PORT ST. LUCIE, FLORIDA, a/k/a GIOVANNA MARIA FAIELLA, Petitioner, VS. DOAH Case NOS. 14-1917RU DIVISION OF LIBRARY AND INFORMATION SERVICES AND DEPARTMENT OF STATE, Respondent. JOINT STATUS REPORT COMES NOW, Respondent, Division of Library and Information Services, Department of State (hereinafter the ?Division?), and Petitioner, Joann Faiella, hereby files this joint status reportlas set forth in the Division of Administrative Hearing?s (hereinafter December 24 2014, Order Requiring Status Report and reports as follows: I. Respondent's Position 1. The rule which incorporates by reference the retention schedules that are the subject of this action was filed today, January 30, 2015, for adoption. A copy of the filed adoption.packet is attached hereto as Exhibit A. 2. The only issue that remains to be resolved is whether the -L Pilot-f lanuanz Q0 9014'? 1-17 DM niuicinn nf ddminicfrn?un Division's Basic Manual and Practice Manual constitute unadopted rules. This issue has been addressed in the Division}s Motion for Partial Summary Final Judgment filed on May 9, 2014 and petitioner's Response to Respondent's Motion.for Partial SummaryrFinal Judgment filed on May 21, 2014. II. Petitioner's Position 1. The abatement should continue, rather than.a stay; because all the unincorporated unadopted rule retention schedules and manuals challenged, have not been addressed in the proposed rule. In particular the following unadopted rules the subject of this action, have not been addressed by the notice of proposed rule: State of Florida Electronic Records and Records Management Practices, November 2010, Florida Department of State, Division of Library and Information Services, Petition Exhibit M. State of Florida The Basics of Records management, Revised Issue Date October 2009, Florida Department of State, Division of Library and Information Services, Petition Exhibit N. 2. Four motions are still pending in this matter precluding dismissal or stay: (1) The respondents? motion for partial summary judgment concerning the above two unadopted rules, filed on May 12, 2012, and the petitioner?s response in opposition to the motion filed on May 21, 2014 . (Petitioner objects to supplementallmriefing, as the issue~was full briefed over six months ago. The Division.srmn11d rule on this motion without further delay.) (2) The petitioner's Motion to Determine Entitlement to Award of Attorney Fees on Rule Challenge filed June 25, 2014, and the respondent's opposition to Determination filed June 25, 2014. (3) The petitioner's un-responded to Motion To Compel Production and Reset Status Conference Report Deadline filed December 9, 2014. (Petitioner is still seeking production.of those documents to full evaluate the claimed reSpondents are ?proceeding expeditiously and in good faith to adopt the statement as a rule.?1 (4) The respondents' Notification of Publication of Notice of rulemaking and Request for Automatic Stay of Proceedings, filed December 19, 2014, and petitioner?s response in opposition to the motion filed December 19, 2014. (See response to motion for automatic stay, for detailed argument on why a stay is not appropriate.) Section Florida Statutes. -3- Respectfully submitted on this 30th day of January} 2015, PAMELA JO BONDI ATTORNEY GENERAL Edward 5 Tell?chea Chief Aesistant Attorney General Office of the Attorney General The Capitol Tallahassee, Florida 32399?1050 (850) 414-3754 Florida Bar No. 0865101 Attorney for Respondent J1 Anastacio John J. Anastacio, Esq. Suite 203 3601 South East Ocean Boulevard Stuart, Florida 34996 772-286-3336 john?psllaw.net Florida Bar No. 0722367 Attorney for Petitioner Joann Faiella Mayor City of Port St. Lucie, Florida EXHIBIT CERTIFICATION OF DEPARTMENT OF STATE ADMINISTRATIVE RULES FILED WITH THE or sure hereby certifyl?hat all statutory rulemalong roqunrements of Chapter I20. F.S.. and all mlemaking requi?'?mentgf tho..? ?53 Dcpa?mcnl of State have been complied with; and ?3 . [x (2) That there is no administrative determination under Section 120.560), F.S., pending on any n?ogiiveraby i: this certi?cation; and -- -- a, [it (3) All roles covered by this cati?cation are ?led within the prescribed time limilnIiOns of Section lggt?wc), ES. The)! are ?led not less than 28 days a?er [he notice required by Section and Are ?led not more than 90 days after the notice; or Are ?led more than 90 days after the notice, but not more than 60 days after the administrative law judge ?les the ?nal order with the clerk or until 60 days after subsequent judicial review is comple te: or I Are ?led more than 90 days after the notice but not less than 2] days nor more than 45 days from the date of publication ofthe notice of change; or Are ?led more than 90 days after the noticel but not less than [4 nor more than 45 days after the adiom?nment of the ?nal public hearing on the. rule; or Are ?led more than 90 days after the notice, but within 21 days after the date of receipt of all material authorized to be submitted at the heating; or (Q Are ?led more than 90 days after the notice, but within 21 days after the date the transc?pt was retelved by this agency: or Are ?led not more Ilnn 90 days after the notice. not including days the adoption of the rule was postponed following noti?cation from the Joint Administrative Procedures Committee that an objection to the rule me being con?idcred: or I (it) An: ?led more than 90 days after the notice, but. Within 2 days after a good faith written proposal for a lower cost regulatory alternative to a pmposed rule is submitted which substantially accomplishes the objectives of the law being implemented; or Are ?led more than 90 days after [he notice= but within 2] days after a regulatory alternative is o?'ered by the Small Business Regulatory Advisory Committee. Attached are 111:: original and two copies of each rule covered by this certi?calion. The folloudng mice: are hereby amended. Rui?c Nous}. IB-24.003 Under the provision of Seclion F.S., the mics take effect 20 days from the dam ?led with the Department of Sun: or a later dale as set oul below: Efkctivc: (month) (533') (War) WW Signature, Person Ammo?i'cd to Ceni?r Rules? Secan of State Title Number of Pages Ce?ra?cd CER OF MATERIALS p: av REFERENCE lN RULES FILED wnu THE DEPARTMENT OF Ht" 2: ?a a? 0? [hereby cenifypursuantto Rule H.013. Flurida Administrative Code: ?9 frat-rt That materials incorporated by reference in Rule 1844.003 have been electronically ?lc?ge?th 1% .- of State. 1315: 7; c? 57 C3 (2) That because 1there would be a violation of federal copyright laws if the submitting agency lid the a true and complete paper copy of the incorporated materials are attached to this certi?cation for ?ling. Paper copies of the incorporated materials below may be obtained at the agency by [include incorporated materials described below electronically, List form number-(s) and form title(s), or title below: General Records Schedule GS 1-31. for State and Local GoVemment Agencies General Records Schedule 6512 for Law Enforcement, Correctional Facilities, and Disrricl Medical Examiners General Records Schedule (383 For Election Records General Records Schedule GS4 for Public Hospitals, Health Care Facilities and Medical Providers General Records Schedule USS for Public Universities and Colleges General Records Schedule for Public Schools Adult and Career Education General Records Schedule Fire Departments (Schedule 088) General Records Schedule (339 for State Attorneys General Records Schedule GS I i for Clerks of Court General Records Schedule (3512 for Property Appraisers General Records Schedule (7313 for Tax Collectors General Records Schedule OS [4 for Public Utilities General Records Schedule GS 15 for Public Libraries Under the prow'slons of Section I [he altached materialts). take effch 20 days ?om [he dale ?led with the: Dcpanmcm of Stale, or a later date as speci?ed in the rule. Signature, Person Authorized Io Certify Rules 705 Title Reddick, Ernest L. From: FL-Rules@dosrstate ?.us Sent: Wednesday. January 21, 2015 4 31 PM To: Rey, Carlos A. A 9, Ce: FLRules ?3 Subject: Reference Material fer Rule Adoption Approved ~Dear Danteli58: The reference material for rule adoption you submitted has been approved by the Register Staff. 5? The approved material is available in the RCVlewm?lOdi?' Agency Reference Material list (Age??igt Main Menu z. page). gm Rule Number: Reference Number: Ref-04998; Reference Name: General Records Schedule OS 1 -SL for State and Local Governments Reference Number: Ref-04999; ReferenceName: General Records Schedule G82 for Law Enforcement, Correctional Facilities, and District Medical Examiners Reference Number: Ref-05000; Reference Name: General Records Schedule GS3 for Election Records Reference Number: Ref-05001; Reference Name: General Records Schedule (384 for Public Hospitals, Health Care Facilities and Medical Providers Reference Number: Ref~05002; Reference Name: General Records Schedule 085 for Public Universities and Colleges Reference Number: Ref-05003; Reference Name: General Records Schedule G57 for Public Schools Pie-K42 and Adult and Career Education Reference Number: Ref-05004; Reference Name: General Records Schedule for Fire Departments (Schedule GS 3) Reference Number: Ref-05005; Reference Name: General Records Schedule 0859 for State Attorneys Reference Number: Ref-05006; Reference Name: General Records Schedule (3811 for Clerk of Courts Reference Number: Ref-0500?; Reference Name: General Records Schedule GS 12 for Property Appraisers Reference-Number: Ref-05008; Reference Name: General Records Schedule G813 for Tax Collectors Reference Number: Ref-05009; Reference Name: General Records Schedule G514 for Public Utilities Reference Number: Ref-05010; Reference Name: General Records Schedule (3515 for Public Libraries Click ,l_1c_re- to log in. Administrative Code and Register Staff Division of Library and Infermation Services Florida Department of State anniversary in 2013. For more in?ammation. please go to ?r 1's - htlp'lmyivg?griga 9m. Rina "m The Department of State is committed to excellence Please take our Quslemer Salisggign gage; 'n FL . I The Department of State is leading the commemoration of Florida's south I DEPARTMENT OF STATE or 2:3 :4 11.. a: as 7 1?31 0? Ego: CD Division of Library and Information Services ?ail:- i? 9 RULE TITLE: Records Relenlion Scheduling and Disposition RULE NO: rm ?ll 13-24 .003 SUMMARY: The Division of Library and Information Services in the Florida Deparln?icm ofSIate records schedules, which are used by public entities to determine Ihe disposition and destruction of public records. This amendmem will incorporate by reference the general records schedules. PURPOSE AND EFFECT: The purpose oflhis amendment is to incorporate by reference general records schedules. SWMARY OF THE HEARING ON THE RULE: The Department of Stare held three (3) Rule Development workshops throughout lhe state in 2014. The workshops were attended by records management liaisons of?cers ?'om var-low: stale and local governrnem agencies. on January 12, 2015 the Deparo'nent held a Proposed Rule hearing in Tallahassee. Represenlatives from, the local govanrne'nts attended by person and via phone conference. Since there were no major changes lo the proposed incorporated questions, there were no regarding the rule language. STATEMENT or FACTS AND CIRCUMSTANCES PROPOSED RULE: By incur-panting me General Records Schedules into rule, any proposed changes'lo [he retention schedules will occur though the rule making pm, which lends itself more public comments on any proposed changes. 03?? Records Retention Scheduling and Dispnauion. (l)'l'hc Dstion issues General Records Schedules which minimum retention requirements For record series common to all agencies or Speci?ed types of agencies hased on the legal. fiscal. administrative. and histmical value of those recunl series. to the agencies and to the Slate of Florida. he Gengral Records Spheduleg gsmb?shcd by the Division. which can he obtained at rec rd?jge?lgs? 93; incom. orarggj bv refegcneg; EL General Records Schedule l'ur Slate ??vgj?nmgm agencies, [1 rules orw?na [e we wreferen (bl general Schedule (352 for Qgrreeligpal Fuc?ilieg, and Dign?ict Medical Examinejg Lh?nsz? ?mlesmms?aateway?e are ncemnm 021233104 999. General Rec-011.15 Schedule 653 for I 55? General Remrdb Schedch (384 for Public Hosuiials. Healrh Care 932 Ma?gww. . eff. XXIXXJ ?324 gal Gene-.131 Records Schedule (355 fer and MEAN?rugg?mlegorgfgatewa ylre eff. XIX X): {0 General ?ewrds Schedule (331 for Public iehools Cage: Ed Hagen yre [-050034511?. 2: X433 1 General Records Schedule Atrium? Eigeum (155) eff. XXIXIQ. General Records Schegglg age for mm (i1 general Records Schedule 65! 1 Clerk; 9 13:91.11; mi 11153;; up: galcwaj-jxg 539919.; ?59?ng [3 ?12,006. XXJZ [i1 9811313: I Begum: 5mg Ie .2 eff. XIXX II General Records Schedule OS I 3 for Tax Rel} {5903, gt etal Rcco ds Schedule (151:! for Public Utilities [Lt~ ulcsor cigargiganggimmgm?m?: mm, eff. {in} General Records Schedule GS I 5 for 'bmrieg eff. (2) For each record series not covered by General Rccords Schedules established by the Division, cach 836110) shall submit to the Division 3 request for a records retention schedule on Department of State Form 1,35E405REfrg- 09, ?Request for Rccords Retention Schedule" which is hereby incorporated by reference and made part of this rule. A copy of Form effective February 2009, may he obtained from the Division of Library and Information Services. Department of State. Mail Station 9A, i'ailahasscc. Florida 32399-0250. or {trim the Division's Records Management Web site at Records Managers (3) in completing Form ?Request for Records Retention Schedule.? the agency shall consider the legal, ?scal, administrative. and historical value of each record series to the agency and to the state of Florida. The custodian ofthe. records or his or her desigucc shall sign the Form and submit it to Division for ol'o?'tcial retention requirements. Retention and scheduling of intermediate tiles are not feasible due to their transitory nature; therefore, submission ofi-?ortn "Request for Records Retention SChodttlo? is not required For intermediate ?les. Each Request for Records Schedule shall be analyzed by the Division in the context ol?the submitting agency?s Statutory ?tnctions and authorities. Florida Statutes. administrative rules. operating protodutes, applicable Federal regulations and other such sources shall be researched to assist in the Division ?3 determination of the valite and retention requirements of each record series. to] The Division shall review Request for Records Retention Schedule forms to determine whether the records may merit transfer to the Florida State Archives or to a local records of?ce. archives. or historical records repository. based upon the records' enduring legal. ?scal1 administrative. and historical values (archival value) If the Division determines that the records may have archival value, an indication of such potential archival value shall be made on the Request for Records Retention Schedule Form. The. main ofthis determination are to identify and cnsunc the preservation of records ol? archival value pertaining to the operation of government and to protect the rights and interests ot'tlte citizens of the state. The Division, with information submitted on Form ?Requcst for Records Retention Schedule? and its ottn research into the legal. ?scal= administrative. and historical value of the record sen'es, shat] create an of?cial "Records Retention Schedule." Once the Division has approved an of?cial Records Retention Schedule, the submitting agency shall adhere to the terms of Ihat schedule for the record series described therein. (8) An approved Records Retention Schedule may later need to be revised based on new statutory. regulatory. or otlter requirements or agency needs. When changes are necessary. the. agency shall submit a new Form [4555- "Request for Records Retention Schedule" for the record scrics indicating the nature of the changes and the reason they are necessary. Revised Records Retention Schedules shall be processed in the manner in subsections F.A.C.. above. (9)01) Public records may he destroyed or otherwise diSposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions thwuglt electronic recordleecping systems may substitute for the original or paper copy, per Section 92.29. F.S.. Phatographic or electronic copies. Minimum standards liar image reproduction shall be itt accordance with Rules [El-26.002] and [8-26.003. F.A.C. An electronic or copy serving as the record (master) copy must be retained For the length indicated for the record (master) copy in the applicable retention schedule. An agency that designates an electronic or microfilmed copy as the record (master) copy may then designate the paper original as a duplicate and dispose of ir in accordance with the retention requirement for duplicates in the applicable retention schedule unless anather law, rule. or ordinance Speci?cally requires its rctentidn. Any state agency record series identi?ed by either General Records Schedule or approved Records Retention Schedule as having possible archival value shall not be chtroycd without the approval ot'thc Florida State Archives. Where a local govemmenl has formally established a records o??tce. archives. or historical records repository. local government agencies within that jurisdiction may transfer records ol'm'cliival wine to that repository. An agency may also loan records to another governmental jurisdiction Or to a non-government historical records repository or historical sticiety provided an agreement is signed by both parties specifying the required conditions of the loan. including the responsibilities of bath parties for the management of public records in accordance with Chapter 1 l9, F.S. '[hc loaning agency shall remain the legal custodian and retain ultimate responsibility for the maintenance and preservation ol'thc records. including ensuring accessibilin to the records and non-disclosure ol? statutorily exempt or con?dential information. Prior [0 records disposition. agencies must ensure that all retention requirements have been misfied For each record series being disposed of. agencies shall identify and document the following: 1. Records retention schedule number: 2. item number; 3. Record series title; . inclusive dates of the records; 5 Volume in cubic feet for paper records; for electronic records. record the number of bytes andror records andiur ?les it?known. or indicate that the disposed records were in electronic fomt; and 6. DiSpOSil ion action (manner of dispOsition) and dare. Agencies are not required to document the disposition of records with a retention of ?Retain until obsolete, superseded or administrative value is losr? (OSA) except for records that have been micro?lmcd or scanned as part of a retrospective conversion project in accordance with Rulcs or [El-26.003. where the micro?lm or electronic Version will serve as the record (master) copy. if I 0) Agencies shall ensure that all desiruction of records is conducted in a mamter that safeguards the interests of the state and the safety, security, and privacy of individuals. in destroying records containing information that is con?dential or exempt from disclosure, agencies shall employ destruction methods that prevent unauthorized access to or use of the information and ensure that the information cannot practicably be read. reconstructed. or recovered. I'hc agency shall specify the manner of destruction of such records when documenting disposition. Where possible, recycling following destruction is encouraged. For paper records containing information that is confidential or exempt from disclosure. appropriate merhods include binning in an industrial incineration facility, pulping. pulverizing. shredding, or mace-rating. High wet strength paper, paper durable-medium paper substitute. or similar water repellent papers are not su?i ciently destroyed by pulping and rcquirc other methods such as shredding or burning. For electronic records containing information that is con?dential or exempt from disclosure, appropriate destruction methods include physical media such as by shredding, crushing, or incineration: high-level overwriting that the data unrecoverable; or dcgnitssinga?dcmagnetizing. to) For other non-paper media containing information that IS con?dential or CXt'Il'Ipl from disclosure. such as audio tape, video tape, microforms, photographic ?lms. etc ,appropriatc destruction methods include and chemical Agencies shall not bury confidential or c?empt records since burying does not cnsute complete destruction or unauthorimd access. (1 l) Each agency shall submit to the. Division, once a year, a signed Statement attesting to the agency?s compliance with records management laws, rules. and procedures. (l2) The Division shall compile an annual summary of agency records scheduling and dispositim activities to in farm the Governor and the Legislature regarding records management practices and program compliance. Rulemakt?ng Authority l' 9.02! 251350). 257 36 F8 Law Implemented H9192 Hinmy?New 240-0}. Amended IVS-09 From: Wants: To: Subject: FW: Re-write of HB 277 DBPR Analysis - Public Esiablishrnents Date: Friday, January 30, 2015 5:37:20 PM Atladlment? Importance: High Updated 277. From: Hooker, John Sent: Friday, January 30, 2015 5:37 PM To: Emmanuel, Christ0pher Subject: FW: Re-write of HB 277 DBPR Analysis - Public Lodging Establishments Importance: High Please see updated From: Datres, Susan Sent: Friday, January 30, 2015 5:05 PM To: Hooker, John; Milnes, Michael; Grasel, Laurie Cc: Moore, Lee; Olson, Dan Subject: FW: Re-write of HB 277 DBPR Analysis - Public Lodging Establishments Imporlanoe: High It helps to attach the (thanks, Lee!) From: Datres, Susan Sent: Friday, January 30, 2015 5:02 PM To: 'John Hooker?; 'Laurie A. Grasel (laurie. rasel I bs.s Cc: Lee Moore; Olson, Dan Subject: Re-write of HB 277 DBPR Analysis - Public Lodging Establishments Importance: High The edited version of the HB 277 analysis relating to Public Lodging Establishments has been completed. Please review and give any necessary comments or final approval. I have attached the analysis above. Swan ?atten a; Quoting? (K 9&1de 850-487-4827 2015 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION LEGISLATIVE BILL ANALYSIS BILL INFORMATION BILL NUMBER: HB 277 BILL TITLE: Public Lodging Establishments BILL SPONSOR: Rep. Hager EFFECTIVE DATE: 7/1115 COMMITTEES OF REFERENCE CURRENT COMMITTEE 1) Business Professions Subcommittee Business 8- Professions Subcommittee 2) Gov?t Operations Appropriations Subcommittee 3) Regulatory Affairs Committee SIMILAR BILLS 4) BILL NUMBER: 5) SPONSOR: IDENTICAL BILLS PREVIOUS EGISLATION BILL NUMBER: SB 394 BILL NUMBER: SPONSOR: Sen. Brandes SPONSOR: YEAR: Is this bill part of an agency package? LAST ACTION: BILL ANALYSIS INFORMATION DATE OF ANALYSIS: January 30, 2015 LEAD AGENCY ANALYST: Michelle Comingore, Division of Hotels and Restaurants ADDITIONAL Kela Timmons, Division of Hotels and Restaurants Torn Coker, Technology Becky Ajhar, DSO Jamie Royal, OGC-Rules LEGAL ANALYST: Marc Drexler. OGC Division Counsel Michael Martinez. Deputy General Counsel FISCAL ANALYST: Raleigh Close, AFM 2015 Agency Bill Analysis POLICY ANALYSIS 1. EXECUTIVE SUMMARY This bill creates s. 509.095. F.S.. and requires hotels. motels. and bed and breakfast inns to waive policies that restrict accommodations to persons over a certain age when a valid military ID card is presented. 2. SUBSTANTIVE ANALYSIS 1. PRESENT SITUATION: The Division of Hotels and Restaurants (division) licenses and inspects public lodging establishments under ch. 509. F.S.. including hotels, motels. bed and breakfast inns. vacation rentals. timeshare projects. transient apartments and nontransient apartments (5. 509.242. F.S.). As of January 1. 2015. the division licenses 4.685 hotels. motels. and bed and breakfast inns. The division is required to inspect hotels. motels. and bed and breakfast inns twice annually to safeguard the public health, safety. and welfare and also inspects as needed to ensure correction of violations and in response to complaints (5. 509.032. F.S.). Public lodging establishments may refuse accommodations to any person who is objectionable or undesirable to the operator. so long as the refusal is not ?based upon race. creed. color. sex. physical disability. or national origin? (5. 509.092. F.S.). Violations of that section are handled as civil actions under s. 760.11. F.S. The division does not inspect for or enforce s. 509.092. F.S. Public lodging establishments are also allowed to ?establish reasonable rules and regulations for the management of the establishment." which become part of "a special contract between the operator and each guest or employee using the services or facilities of the operator? 509.101. .S.). The division does not enforce the terms of such special contracts. EFFECT OF THE BILL: This bill creates 3.509.095. F.S.. to require hotels. motels. and bed and breakfast inns as de?ned in ch. 509. F.S.. to waive any policy for certain age restrictions for individuals that present a valid military identi?cation card seeking accommodations. The bill does not specify enforcement authority for violations of 5.509.095. therefore. the division believes it would enforce the requirement. The division would experience an indeterminate increase in complaints received and inspections required. DOES THE LEGISLATION DIRECT OR ALLOW THE TO DEVELOP. ADOPT, OR ELIMINATE RULES. REGULATIONS, POLICIES, OR If yes. explain: No. What is the expected impact to the agency's core mission? None Rule(s) impacted (provide references to F.A.C.. etc): None 4. WHAT IS THE POSITION OF AFFECTED CITIZENS OR STAKEHOLDER proponents? and opponents? positions: List any known proponents Unknown and opponents: Provide a summary of the Unknown 5. ARE THERE ANY REPORTS OR STUDIES REQUIRED BY THIS If yes. provide a No descnp?on: Date Due: Bill Section Number: 2015 Agency Bill Analysis 6. ARE THERE ANY GUBERNATORIAL APPOINTMENTS OR CHANGES TO EXISTING BOARDS. TASK FORCES, COUNCILS, COMMISSION. ETC. REQURIED BY THIS Board: Board Purpose: Who Appointments: Appointee Term: NIA Changes: NIA Bill Section Number(s): FISCAL ANALYSIS 1. WHAT IS THE FISCAL IMPACT TO LOCAL Revenues: Unknown Expenditures: Unknown Does the legislation No increase local taxes or fees? If yes. does the legislation NIA provide for a local referendum or local governing body public vote prior to implementation of the tax or fee increase? 2. WHAT IS THE FISCAL IMPACT TO STATE 2015-16 2016-17 2017-18 Revenues: NIA Expenditures: NIA NIA Does the legislation contain No No No a State Government appropriation? If yes, was this NIA NIA appropriated last year? 3. WHAT IS THE FISCAL IMPACT TO THE PRIVATE Revenues: Unknown Expenditures: Unknown Other: Unknown 2015 Agency em Analysis i 4. DOES THE BILL INCREASE OR DECREASE TAXES, FEES, OR Does the bill increase No taxes. fees or ?nes? Does the bill decrease No taxes. fees or ?nes? What is the impact of the NIA increase or decrease? Bill Section Number: TECHNOLOGY IMPACT Does the legislation impact the agency's technology systems IT support. licensing software. data storage, etc)? Yes, modifications will be necessary to violation tables in Versa: Regulation and the iPad inspection application. If yes. describe the anticipated impact to the agency including any ?scal impact. Changes to Versa: Regulation - 4 hours Changes to iPad - 4 hours All modi?cations can be made accomplished using existing resources. FEDERAL IMPACT Does the legislation have a federal impact federal compliance. federal funding, federal agency involvement. etc)? No If yes, describe the anticipated impact including any ?scal impact. NIA 080- No Impact ADDITIONAL COMMENTS LEGAL - GENERAL OFFICE REVIEW lssuesfconcerns/comments and recommended action: OGC Division Counsel No comments. OGC Rules- No additional comment From: To: Cc: Ce?mjm Subject: FW: Noti?cation of Collective Bargaining Impasse - Department of Lottery; FY 2015-16 Date: Friday, January 30, 2015 3:06:46 PM Attachments: FYI From: Mark Bonfanti Sent: Friday, January 30, 2015 2:58 PM To: Delaney, James; Tondee, Renee; Jack Marziliano; Hal Johnson; Smith, Layne; Gibson, Ben; O'Connell, Cc: Michael Mattimore Subject: Noti?cation of Collective Bargaining Impasse Department of Lottery; FY 2015-16 Good Afternoon, On behalf of the state?s Chief Labor Negotiator, Michael Mattimore, please find the attached Notification of Collective Bargaining Impasse between the Governor and the two employee organizations representing bargaining units of state employees at the Department of Lottery. If you have questions or concerns, please do not hesitate to contact Mr. Mattimore at (850) 561? 3503. Thank you, Mark L. Boafaatz', Esq. Allen, Norton 8* Blue, PA. 906 North Monroe Street Tallahassee, Florida 32303 Office - (850) 561?3503 Fax - (850) 561-0332 Website Twitter @Matk?azgfanti LinkedI??MMLEngf?nti ALLES: NtiitTO em The information in this email transmission is privileged and con?dential. If you are not the intended recipient nor the employee or agent responsible for delivering it to the intended recipient. you are hereby noti?ed that any diesemination or copying of this transmission (including any attachments) is strictly prohibited. if you have received this email in error. please notify the sender by email reply. Thank you. Ase ALLEN NORTON BLUE SSIONM ASSOCIATION 906 North Monroe Street - TallahasseeI Florida 32303 Telephone 850-561-3503 - Facsimile 850-561-0332 January 30, 2015 The Honorable Andy Gardiner, President The Florida Senate Suite 409, The Capitol 404 South Monroe Street Tallahassee, Florida 323 99-1 100 The Honorable Steve Crisafulli, Speaker of the House Florida House of Representatives Suite 420, The Capitol 402 South Monroe Street Tallahassee, Florida 32399-1 100 Re: Noti?cation of Collective Bargaining Impasse; Florida Lotteg Dear President Gardiner and Speaker Crisafulli: An impasse has occurred in the collective bargaining negotiations between the Governor and the two employee associations representing the bargaining units of state employees at the Department of Lottery, pursuant to section Florida Statutes. We will submit the list of collective bargaining contract articles on which the parties have not reached agreement on February 4, 2015 in accordance with section Florida Statutes. Negotiations continue and it is possible that we may reach an agreement. We will keep you informed of any changes resulting from our continued negotiations. If you have questions or concerns, please contact me at 561-3503, or Layne Smith, General Counsel for The Florida Lottery, at 487-7724. Sincerely, ?ngz?a Michael Mattimore Chief Labor Negotiator Jacksonville 0 Miami - Orlando 0 Tallahassee - Tampa Affiliate of Worklaw' Network: The Nationwide Network of Management Labor and Employment Law Firms January 30, 2015 Page 2 CC: Mike Hogan, Chairman, Public Employees Relations Commission Ben Gibson, Assistant General Counsel, Executive Of?ce of Governor Rick Scott Renee Tondee, Policy Coordinator, Of?ce of Policy and Budget O?Connell, Secretary, Department of Lottery Layne Smith, General Counsel, Department of Lottery Jack Marziliano, Federation of Public Employees Hal Johnson, Police Benevolent Association ALLEN. NORTON BLUE. PA. PROFESSIONAL ASSOCIATION From: MLcIJaeLStzellman To: Cc: Mt: Subject: FW: Kreitlow v. Gov. Scott, et al. -- PRIVILEGED and CONFIDENTIAL Date: Friday, January 30, 2015 2:13:12 PM Ben, I finally got my hands on the amended complaint ?led in the Hightower matter. I have attached it for your reference, which confirms that the only defendant in that case is the Department. Have a good weekend. Michael Michael P. Spellman, Esquire SNIFFEN SPELLMAN, P.A. 123 North Monroe Street Tallahassee. Florida 32301 Phone: 850-205-1996 Fax: 850?205?3004 E?mail: Website: On Twitter: Best Lawyers IMPORTANT NOTICE REGARDING EMAIL COMMUNICATIONS: We encourage the use of email as a method of communicating with us. However, please keep in mind the following: (1) Clients should never use computers maintained or monitored by others work; public computers) when communicating with us about sensitive or attorney-client matters. (2) Incoming emails may not be read immediately. Your intended recipient may be out of the of?ce for an extended period. or may be working on projects away from the computer. If your email communication is time-sensitive, we strongly recommend that you also call us to ensure that we are aware of your email. (3) We use automated ?lters to block viruses and unwanted emails. It is possible they may not recognize your email address and prevent your emails from being properly delivered. We strongly recommend that you call us if we have not responded to your email within a reasonable time or if the matter is time-sensitive. The information contained in this electronic mail tranSmission is attorneylclient privileged and con?dential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby noti?ed that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by calling collect at (850) 205-1996. Thank you. ESQLALMEB Pursuant to Circular 230 issued by the United States Treasury Department and relating to practice before the Internal Revenue Service, any comment or opinion in this communication relating to a federal tax issue is not intended to be used, and cannot be used. by a taxpayer for the purpose of avoiding tax- related penalties that may be imposed on the taxpayer. Filing 22812692 E-Filed 01/21/2015 04:50:17 PM IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA JAM ES HIGHTOWER, Plaintiff, CASE NO.: STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Defendants. COMPLAINT WITH JURY DEMAND COURT JURISDICTION 1. This court has jurisdiction over the subject matter pursuant to ?250.82, Florida Statutes as well as Florida Statutes, which states in pertinent part that any public official not in compliance with the Uniformed Services Employment and Reemployment Rights Act at 33 U.S.C 43 is subject to removal from office, and over 42 U.S.C. 1983 concurrently. . PARTIES 2. Plaintiff Hightower is domiciled in Jefferson County, Florida, and has been a resident at all times relating to the matters in this Complaint. 3. The Defendant, State of Florida, Department of Highway Safety and Motor Vehicles is created by Chapter 20.24 Florida Statutes. The mission of is "Providing Highway Safety and Security Through Excellence in Service, Education, and Enforcement.? is composed of four divisions which include Florida Highway Patrol, Motorist Services, Administrative Services and an Information Systems Administration. The Division of Florida Highway Patrol (FHP), inter alia, designs and implements prevention strategies to address crash causation factors. The FHP is a division of at an times relating to the matters in this Complaint. ems 4. Plaintiff Hightower is a member of the United States Navy Reserves who has served our nation bravely with multiple tours to a combat theatre and with distinction over the period of nearly 28 years. 5. Plaintiff Hightower enlisted with the U.S. Navy in February 1986 and has been a law enforcement officer for the State of Florida since January 1998. Plaintiff Hightower is currently a Florida State Trooper. 6. Plaintiff Hightower entered the U.S. Navy with the rank of Seaman Recruit and has since risen to the enlisted rank of Chief Petty Officer (E-7), the third-highest noncommissioned officer rank in the U.S. Navy. Plaintiff Hightower entered law enforcement with the rank of Law Enforcement Officer and climbed to the rank of Lieutenant. 7. Plaintiff Hightower was deployed in SUpport of and proudly served our country during Operation Iraqi Freedom/Operation Enduring Freedom in 2012, 2013 and 2014. 8. Plaintiff Hightower was transferred from the Department of TranSportation Motor Carrier Compliance Office to the Florida Department of Highway Safety and Motor Vehicles as a full-time employee beginning in July 2011 as a result of a legislative merger. 9. Per Florida Statutes and the Florida Department of Management Services administrative rules, members of the military reserve are entitled to 240 hours of leave per year to perform military training, including both military drill and Funeral Honor Details. 10. A servicemember who participates in a Funeral Honor Detail agrees to serve as a pallbearer and to conduct the necessary military customs during the burial services for a fallen member of the United States Armed Forces. 11. Servicemembers are not ordered to participate in Funeral Honor Details, but most find it the highest honor and privilege to volunteer their time by assisting in the burial of a fallen soldier. 12. Since 2012, Plaintiff Hightower has honorably used parts of his leftover military leave time to serve on Funeral Honor Details. 13. During fiscal year 2013, Plaintiff Hightower used 99.5 hours of his military leave time for military training. Plaintiff Hightower utilized some leftover state military leave time to participate in Funeral Honor Details. Remaining hours of military leave were unused and returned to the Florida Highway Patrol. 14. Plaintiff Hightower has been continuously harassed based on his service to the United States Navy Reserve, speci?cally regarding leave time he used to serve on Funeral Honor Details and other military duties. 15. Since 2012, Defendant Burroughs has repeatedly harassed Plaintiff Hightower, based on his voluntary service in military funerals and his deployments as a reservist. 16. Plaintiff Hightower met with Defendants Lopez and Burroughs in October 2013 to complain of a hostile work environment and was assured that his claim would be investigated and ultimately resolved. 17. In retaliation for notifying his superiors of issues related to compliance with the Uniformed Services Employment and Reemployment Rights Act during the meeting in October 2013, Plaintiff Hightower received the lowest annual rating score among his peers, an act that was in stark contrast to the year prior wherein he received one of the highest scores among his peers. 18. Plaintiff Hightower was denied an evaluation bonus for having received the lowest score among his peers. Plaintiff Hightower had received the bonus in the years prior wherein the bonus was available. 19. In July 2014, Plaintiff Hightower received notice of a pending deployment to a combat theatre. 20. Prior to deployment, Plaintiff Hightower applied for two positions of higher authority (captain) and in good faith notified the prospective employers with the Florida Highway Patrol of the pending deployment. 21. As a result of his notification of the pending active duty military service and/or the retaliatory low rating he had received in the prior evaluation, Plaintiff Hightower was not selected for either position. COUNT I: FLORIDA UNIFORMED PROTECTION ACT 22. Plaintiff Hightower incorporates as if fully restated all of the allegations set forth in paragraphs 1 through 21. 23. Plaintiff Hightower?s obligations or membership for service in the uniformed services was a motivating factor in all derogatory actions taken against Plaintiff Hightower by Defendant. 24. The Florida Uniformed Servicemernbers Protection Act (FUSPA), through ?250.81-250.84, fully incorporates by reference the Uniformed Services Reemployment Rights Act of 1994, 38 USC ?4311, 4323. 25. The Florida Uniformed Servicemembers Protection Act ?250.905, provides in pertinent part, ?in addition to any other relief or penalty provided by state of federal law, a person is liable for a civil penalty of not more than $1,000 per violation if that person violates any provision of this chapter affording protections to members of the United States Armed Forces, the United States Reserve Forces, or the National Guard or any provision of federal law affording protections to such service members over which a state court has concurrent jurisdiction under ?250.82. 26. Plaintiff Hightower is a member of the military service at all times herein and was subject to discrimination and workplace harassment. Defendant?s actions against Plaintiff Hightower violated FUSPA. COUNT ll: Uniformed Services Employment and Reemployment Rights Act 27. Plaintiff Hightower incorporates as if fully restated all of the allegations set forth in paragraphs 1 through 21. 28. Plaintiff Hightower asserts that the Florida Department of Highway Safety and Motor Vehicles and the Florida Highway Patrol violated 38 U.S.C.A. 54311, which provides in pertinent part: A person who is a member of, applied to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.? 29. Defendants illegally and improperly targeted for a retaliatory performance rating and non?selection to an employment position of higher authority using Plaintiff Hightower's status in the Armed Forces Reserves as a motivating factor. 30. On November 21, 2011, the VOW to Hire Heroes Act of 2011 was signed into law, which clarified USERRA to protect against a hostile work environment. Defendant has created an illegal hostile work environment directed at Plaintiff Hightower and retaliated against Plaintiff Hightower. COUNT 42 U.S.C. 1983 31. Plaintiff Hightower incorporates as if fully restated all of the allegations set forth in paragraphs 1 through 21. 32. The Defendant, acting under color of Florida law, subjected Plaintiff Hightower to the deprivations of rights, privileges and immunities secured by the Constitution and laws of the United States. 33. The Defendant has denied Plaintiff Hightower his privileges and immunities secured by the Fourteenth Amendment to the us. Constitution and due process and equal protection of the laws under that amendment by impermissibly basing their decision upon Plaintiff?s exercise of rights guaranteed by the First Amendment to the U5. Constitution, by refusing to redress the violation of United States statute articulated by Plaintiff Hightower and upon personal malice toward Plaintiff Hightower. 34. The Defendant deprived Plaintiff Hightower of his right to due process of law under the Fourteenth Amendment to the U.S. Constitution by refusing to redress the violation of United States statute and consider Plaintiff Hightower for employment. 35. As a result of the foregoing deprivations, Plaintiff Hightower has effectively been discriminated against at his employment, has failed to obtain the terms, conditions or privileges of employment which he would otherwise be entitled, has suffered anxiety and other distress since being advised in having been refused redress, has suffered humiliation and embarrassment as a result of retaliation, has suffered and will continue to suffer lost wages and fringe benefits as an employee and has suffered other compensatory damages to be proved at trial. WHEREFORE, Plaintiff Hightower respectfully prays and demands on all counts as follows: A. B. For trial byjury; For compensatory damages; For non-economic damages; For punitive damages; For specific performance; For reasonable attorney fees; For any and all other relief to which Plaintiff Hightower may appear entitled. Respectfully su/hmitted, this day of January, 2015. THOMAS L. DICKENS, Ill Florida Bar No.: 063867 Dickens Reid PLLC 517 East College Avenue Tallahassee, Florida 32301 Telephone: (850) 629-4302 Facsimile: (850) 224-2030 Email address: td@dickensreid.com ATTORNEY FOR THE PLAINTIFF VERIFICATION COMES NOW, James Hightower, and after being first duly cautioned and sworn, states that he has read the foregoing Complaint with Jury Demand and that the facts contained therein are true and correct to the best of his knowledge or belief. ?l I lit-L {games Hightower Plaintiff STATE OF (1 2?1? ll COUNTY OF Sworn to or affirmed and subscribed before me by JAMES HIGHTOWER who is a: as identification, this personally known, ,or has produced day ofJanuary, 2015. ll" 76%) (SEAL) jM NOTARY PUBLIC al??i?i?iil?giaer 6mm, hill/ml 1 mm: 1 Printed Name of Notary Public? Barnes, Kelly From: Gibson, Ben Sent: Friday, January 30, 2015 10:18 AM To: Stearns, Heather Subject: Accepted: FW: Tim and Pete From: M0 To: "Criner, gainy?" Cc: Subject: RE: UF Law OCI Date: Friday, January 30, 2015 10:16:28 AM Thank you Caitlyn! From: Criner, Caitlyn Sent: Friday, January 30, 2015 9:30 AM To: Gibson, Ben Subject: RE: UF Law OCI Hi Ben, I just sent you the application packet. You can disregard the January 26th date and just return the selection form as soon as you?re able to and we?ll start working on a schedule. Let me know if you have any questions! Caitlyn From: Gibson, Ben Sent: Thursday, January 29, 2015 9:39 AM To: Criner, Caitlyn Cc: Laura Bax Subject: Re: UF Law OCI Thank you for your quick turnaround on this! Ben Gibson On Jan 29, 2015, at 9:32 AM, Criner, Caitlyn wrote: Thanks Ben! We have the position posted and will send you the documents tomorrow so that you will have time to review them. Caitlyn From: Gibson, Ben Sent: Wednesday, January 28, 2015 5:28 PM To: Criner, Caitlyn Cc: Bax, Laura Subject: RE: UF Law OCI Thank you Caitlyn. 1 submitted the form and look forward to responses. Ben Gibson Assistant General Counsel Executive Of?ce of the Governor (850) 717?9310 From: Criner, Caitlyn Sent: Wednesday, January 28, 2015 4:48 PM To: Gibson, Ben Subject: UF Law OCI Hi Mr. Gibson, Thank you for speaking with me - we look forward to having y0u next Friday! Here is the we discussed. Please let me know if you have any questions! Thank you, Caitlyn Criner Program Assistant Center for Career Development University of Florida Levin College of Law 147 Bruton-Geer Hall Gainesville, Florida 32611 Phone: 352-273-0860 Email: We value your feedback on our services. Please click here. Note: This communication may contain information that is legally exempt from disclosure. if you are not the intended recipient, please note that an)! dissemination, distribution or copying of this conununication is strictly prohibited. Anyone who receives this message in error should notifv the sender immediately by telephone, or by return email and delete the message from their computer. For the University of Florida Privacy Statement, see Under Florida law, email addresses are public records. ifyou do not want your email address released in response to a public records request, do not send electronic mail to the University. instead. contact the specr?c o?'ice or individual by phone or in writing. From: To: We Cc: Subject: FW: UF Law Application Packet Date: Friday, January 30, 2015 10:13:36 AM Attachments: From: Sent: Friday, January 30, 2015 9:28 AM To: Gibson, Ben Subject: UF Law Application Packet Dear Ben Gibson, Thank you for your participation in UF Law?s Spring 2015 On?Campus Interviews! At the end of this email, please ?nd a link to the student application packet in response to your posted position. The link automatically expires in three weeks, so we recommend saving the PDF to your computer. You will also ?nd the student selection form attached to this email. Please complete this selection form and return it to We ask that this form be returned by Monday, January 26th, to ensure enough time to coordinate with the selected students and establish the interviewing schedule. We will be mailing you a map and parking passes shortly. If you do not receive them by January 30th, please let us know. We are looking forward to hosting you. If you have any questions or concerns, please feel free to contact me. Best, Caitlyn Criner Program Assistant Center for Career Development University of Florida Levin College of Law 147 Bruton-Geer Hall Gainesville, Florida 326] 1 Phone: 352-273-0862 Email: gag?n?mu?gdu Application Packet: Attachments: UNIVERSITY OF FLORIDA LEVIN COLLEGE OF EAT CENTER FOR CAREER DEVELOPMENT Student Selection Form Final Selections Due to Career Development by Monday, January 26th Please complete the following and return Via fax (3 52) 392-4640 or email Firm Name: Contact Person: Phone: Interview Date: of students selected for interviews: of alternates selected: Please list your selected studentsAlternates Listed in Rank Order interview start time (as early as 8:30am): interview end time: Length of interviews: 20 minutes 30 minutes Other Note: You are able to see up to 18 students with a 20-minute schedule and 12 students with a 30-minute schedule. We allow for a one-hour lunch, a ten-minute break in the morning and a ten-minute break in the afternoon. If you require varied accommodations, please notify the Center for Career Development in advance. Name of the lnterviewer[s]: UF Law Alum? Yr: UF Law Alum? Yr: Parking Passes will be mailed. Please be sure to bring them to the interview. Thank you. PO. Box 117630 Gainesville, FL 32611-7630 Tel: (352] 273-0860 Fax: [352) 392-4640 From: To: 519mm: Subject: RE: UF Law OCI Date: Friday, January 30, 2015 9:30:20 AM Hi Ben, I just sent you the application packet. You can disregard the January 26th date and just return the selection form as soon as you?re able to and we?ll start working on a schedule. Let me know if you have any questions! Caitlyn From: Gibson, Ben Sent: Thursday, January 29, 2015 9:39 AM To: Criner, Caitlyn Cc: Laura Bax Subject: Re: UF Law OCI Thank you for your quick turnaround on this! Ben Gibson On Jan 29, 2015, at 9:32 AM, Criner, Caitlyn (WM) wrote: Thanks Ben! We have the position posted and will send you the documents tomorrow so that you will have time to review them. Caitlyn From: Gibson, Ben Sent: Wednsday, January 28, 2015 5:28 PM To: Criner, Caitlyn Cc: Bax, Laura Subject: RE: UF Law OCI Thank you Caitlyn. i submitted the form and look forward to responses. Ben Gibson Assistant General Counsel Executive Office of the Governor (850) 717-9310 From: Criner, Caitlyn Sent: Wednesday, January 28, 2015 4:48 PM To: Gibson, Ben Subject: UF Law OCI l-li Mr. Gibson, Thank you for speaking with me - we look forward to having you next Friday! Here is the WW we discussed. Please let me know if you have any questions! Thank you, Caitlyn Criner Program Assistant Center for Career Development University of Florida Levin College of Law 147 Bruton?Geer Hall Gainesville, Florida 32611 Phone: 352?273-0860 Email: We value your feedback on our services. Please click here. Note: This communication may contain information that is legally exempt from disclosure. if you are not the intended recipient, please note that any dissemination, distribution or copying of this communication is strictly prohibited. Anyone who receives this message in error should notify the sender immediately by telephone, or by return email and delete the message from their computer. For the University of Florida Privacy Statement, see Under Florida law, email addresses are public records. if you do not want your email address released in response to a public records request do not send electronic mail to the University. instead, contact the specific of?ce or individual by phone or in writing. From: To: Subject: UF Law Application Packet Date: Friday, January 30, 2015 9:28:12 AM Attachments: Dear Ben Gibson, Thank you for your participation in UP Law?s Spring 2015 On-Campus Interviews! At the end of this email, please ?nd a link to the student application packet in response to your posted position. The link automatically expires in three weeks, so we recommend saving the PDF to your computer. Y0u will also ?nd the student selection form attached to this email. Please complete this selection form and return it to W. We ask that this form be returned by Monday, January 26th, to ensure enough time to coordinate with the selected students and establish the interviewing schedule. We will be mailing you a map and parking passes shortly. If you do not receive them by January please let us know. We are looking forward to hosting you. If you have any questions or concerns, please feel free to contact me. Best, Caitlyn Criner Program Assistant Center for Career Development University of Florida Levin College of Law 147 Bruton?Geer Hall Gainesville, Florida 326] 1 Phone: 352-273-0862 Email: Application Packet: Attachments: UNIVERSITY OF FLORIDA LEVIN COLLEGE CENTER FOR CAREER DEVELOPMENT Student Selection Form Fina] Selections Due to Career Development by Monday, January 26th Please complete the following and return via fax (352) 392-4640 or email Firm Name: Contact Person: Phone: Interview Date: of students selected for interviews: of alternates selected: Please list your selected studentsAlternates Listed in Rank Order Interview start time (as early as 8:30am]: Interview end time: Length of interviews: 20 minutes 30 minutes Other Note: You are able to see up to 18 students with a 20-minute schedule and 12 students with a 30-minute schedule. We allow for a one-hourlunch, a ten-minute break in the morning and a ten-minute break in the afternoon. If you require varied accommodations, please notify the Center for Career Development in advance. Name Of the lnterviewer[s]: UF Law Alum? Yr: UF Law Alum? Yr: Parking Passes will be mailed. Please be sure to bring them to the interview. Thank you. P.O. Box 117630 Gainesville, FL 32611-7630 Tel: [352] 273-0860 Fax: (352] 392-4640 From: To: Subject: Please track} create folder Date: Friday, January 30, 2015 7:06:08 AM S?i?z - Relating to Growth Management (Simpson) Growth Management; Requiring plan amendments proposing a development that quali?es as a development of regional impact to be subject to the state coordinated review process; providing that new proposed developments are subject to the state coordinated review process and not the development of regional impact review process, etc. Effective Date: 231(2015 Ben Gibson From: T0: 52mm Subject: 226 Date: Thursday, January 29, 2015 6:37:55 PM Attachments: MW Ben, Yet another for your review. CSE From: Hooker, John Sent: Thursday, January 29, 2015 10:56 AM To: Emmanuel, Christopher Subject: analyses for 226 and 263 only had a small edit on page 2 of HB 263. Added the word ?to? to the first line of present situation. distilleries to sell to John D. Hooker Policy Chief- General Government Unit Executive Office ofthe Governor Office of Policy Budget 1802 The Capitol Tallahassee, FL 32399?0001 Office: 850-717-9395 iohn.hooker@laspbs.state.fl.us Florida has a very broad public records law. Written communications are public records and are available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. 2015 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION LEGISLATIVE BILL ANALYSIS BILL INFORMATION BILL NUMBER: SB 226 BILL TITLE: Racing Animals BILL SPONSOR: Sen. Latvala EFFECTIVE DATE: 7/1/15 COMMITTEES OF REFERENCE CURRENT COMMITTEE 1) Regulated 1nd ustries 2) Agriculture 3) Appropriations SIMILAR BILLS 4) BILL NUMBER: HB 187; SB 262 (compare) 5) SPONSOR: Rep. Rader; Sen. Smith IDENTICAL BILLS PREVIOUS LEGISLATION BILL NUMBER: HB 239 BILL NUMBER: SPONSOR: Rep. Fitzenhagen SPONSOR: YEAR: Is this part of an agency package? LAST ACTION: BILL ANALYSIS INFORMATION DATE OF ANALYSIS: January 26, 2015 LEAD AGENCY ANALYST: Jonathan Zachem, Director Division of Pari-Mutuel Wagering ADDITIONAL Jamie Royal, OGC?Rules Becky Ajhar, 080 Tom Coker, Technology LEGAL ANALYST: Jason Maine. OGC - PMW Michael Martinez. Deputy General Counsel FISCAL ANALYST: Raleigh Close, AFM 2015 Agency Bill Analysis POLICY ANALYSIS 1. EXECUTIVE SUMMARY This bill amends the current process related to the collection of Split sampling and provides additional guidelines and requirements for the Division of Pari-mutuel Wagering (division) related to that process. Requires that the division solicit input from the Department of Agriculture and Consumer Services (DACS) in regards to the adoption of rules related to this section. This bill also increases ?ne authority related to an impermissible medication or drug to $10,000 or the amount of the purse or sweepstakes earned, whichever is greater. 2. BILL ANALYSIS 1. PRESENT SITUATION: The division is responsible for ensuring that the day-to-day operation of pari?m utuel races and games are conducted in accordance with Florida's pari-mutuel statutes and rules. The division has staff onsite during each race conducted in Florida. The State Stewards monitor each horse race and conduct inquiries and hearings for alleged violations of the state's pari?mutuel statutes and rules. Division staff collects over 80,000 urine and blood samples annually from racing animals, which are sent to the University of Florida. College of Medicine Racing Laboratory to test for impermissible substances. The Racing Laboratory performs its services under an annual contract with the division. Section 550.2415, Florida Statutes (F.S.), provides guidelines for the administration and prohibition of certain medications and drugs on racing animals. Section 550.2415, F.S., establishes the following provisions regarding medications and impermissible substances in racing animals: 0 Prohibits racing of an animal with any drug, medication, stimulant, depressant, hypnotic, narcotic. local anesthetic, or drug-masking agent. It is a violation of this section for a person to administer or cause to be administered any drug, medication, stimulant, depressant, hypnotic, narcotic, local anesthetic, or drug-masking agent to an animal that will result in a positive test for such substance based on samples taken from the animal immediately prior to or immediately after the racing of that animal. - Provides that test results and the identities of the animals being tested and of their trainers and owners of record are con?dential and exempt from Section 119.07(1 PS, and from s. 24(a), Art. I of the State Constitution for 10 days after testing of all samples collected on a particular day has been completed and any positive test results derived from such samples have been reported to the director of the division or administrative action has been commenced. Upon'the ?nding of a violation of this section, the division may revoke or suspend the license or permit of the violator or deny a license or permit to the violator; impose a ?ne against the violator in an amount not exceeding $5,000; require the full or partial return of the purse, sweepstakes, and trophy of the race at issue; or impose against the violator any combination of such penalties. The division, notwithstanding the provisions of Chapter 120, F.S., may summarily suspend the license of an occupational licensee responsible under this section or division rule for the condition of a race animal if the division laboratory reports the presence of an impermissible substance in the animal or its blood, urine, saliva, or any other bodily fluid, either before a race in which the animal is entered or after a race the animal has run. a A prosecution pursuant to this section for a violation of this section must be commenced within two years after the violation was committed. Requires the division to establish a split-sample procedure, which must be conducted in the laboratory under rules approved by the division. - If the independent laboratory con?rms the state laboratory's positive result, or if there is an insufficient quantity of the secondary (split) sample for con?rmation of the state laboratory's positive result, the division may commence administrative proceedings as prescribed in this chapter and consistent with Chapter 120, F.S. 2015 Agency Bill Analysis The division shall adopt rules setting conditions for the use of prednisolone sodium succinate, but under no circumstances may furosemide 0r prednisolone sodium succinate be administered closer than four hours prior to the officially scheduled post time for the race. a The division shall adopt rules setting conditions for the use of phenylbutazone and corticosteroids; in no case. except as provided in paragraph shall these substances be given closer than 24 hours prior to the of?cially scheduled post time of a race. Oral corticosteroids are prohibited except when prescribed by a licensed veterinarian and reported to the division on forms prescribed by the division. - The division shall utilize only the thin layer chromatography (TLC) screening process to test for the presence of Class IV and medications in samples taken from racehorses except when thresholds of a Class IV or Class medication have been established and are enforced by rule. Once a sample has been identified as suspicious for a Class or Class medication by the TLC screening process. the sample will be sent for con?rmation by and through additional testing methods. All other medications not classi?ed by rule as a Class IV or Class agent shall be subject to all forms of testing available to the division. Authorizes the division to implement by rule medication levels recommended by the University of Florida, College of Veterinary Medicine developed pursuant to an agreement between the division and the University of Florida, College of Veterinary Medicine. 2. EFFECT OF THE BILL: Provides that the division may solicit input from the Department of Agriculture and Consumer Services (DACS) for adopting of rules that specify normal physiological concentrations of naturally occurring substances in the natural untreated animal and rules that specify acceptable levels of environmental contaminants and trace levels of substances in test samples. The division may also coordinate inspections with DACS of any area at a pari-mutuel facility to ensure the humane treatment of racing animals and compliance with this chapter and the rules of the division. Increases the ?ne authority for violations to $10,000 or the amount of the purse or sweepstakes, whichever is greater. Requires prosecution to begin within 60 days after the violation was committed, rather than the current two years. Requires the sample to be split upon collection rather than at the Racing Lab. In addition to the owner and trainer, the bill requires the division to now notify stewards and horsemen's associations of all results. Prohibits the division from prosecution if the quantity of the split sample used for con?rmation of a positive is an insuf?cient amount to test. Requires annual quality assurance review of the division laboratory and the independent laboratories by a third party and that the results and ?ndings shall be reported to the division and the DACS. Requires the division to solicit input from the DACS and to adopt rules, establishing the conditions of use and maximum concentration of medications, drugs. and naturally occurring substances identi?ed in the Controlled Therapeutic Medication Schedule (CTMS) adopted on or before March 1. 2015, by the Association of Racing Commissioners International, Inc. Such rules must be adopted before January 1, 2016. Requires that the adopted rules: a Designate the appropriate biological specimens by which the administration of medication, drugs, and naturally occurring substances is monitored, and determine the testing methodologies. to include, measurement uncertainties, for screening those; 0 Include a classi?cation system for drugs and substances and a corresponding penalty schedule for violations that incorporates the Uniform Classi?cation Guidelines for Foreign Substances. as adopted on or before March 1, 2015, by Specify that a drug not listed in the CTMS which is present in a sample taken from an animal immediately after the race is a prohibited substance; and 0 Include conditions for the use of furosemide to treat exercise-induced pulmonary hemorrhage. Eliminates the administering of prednisolone sodium succinate to an animal on race day. 2015 Agency Bill Analysis Eliminates the requirement that only Chromatograph (TLC) screening process be used to test for the presence of Class IV and medications in samples taken from race horses. Eliminates the current method of adopting medications levels from the University of Florida, College of Veterinary Medicine which was through an agreement. Eliminates the testing medium for phenylbutazone in horses. Provides an effective date of July 1, 2015. 3. DOES THE LEGISLATION DIRECT OR ALLOW THE TO DEVELOP, ADOPT, OR ELIMINATE RULES, REGULATIONS, POLICIES, 0R If yes. explain: Yes. Provides that the division may solicit input from the Department of Agriculture and Consumer Services (DACS) for adopting of rules that specify normal physiological concentrations of naturally occurring substances in the natural untreated animal and rules that specify acceptable levels of environmental contaminants and trace levels of substances in test samples. Requires the division to solicit input from the DACS and to adopt rules, establishing the conditions of use and maximum concentration of medications. drugs, and naturally occurring substances identi?ed in the Controlled Therapeutic Medication Schedule (CTMS) adopted on or before March 1. 2015, by the Association of Racing Commissioners International, Inc. (ARCI). What is the expected There is no anticipated impact to the agency's core mission. impact to the agency?s core mission? Ru e(s) impacted (provide There is a potential that Chapter 610-6, F.A.C.. Drugs and Veterinarian references to F.A.C., etc.): Procedures, Chapter 61 0-3, F.A.C.. Stewards and Judges Procedures, and additional rules may require to be updated. 4. WHAT IS THE POSITION OF AFFECTED CITIZENS OR STAKEHOLDER List any known proponents Unknown and opponents: Provide a summary of the Unknown proponents' and opponents' positions: 5. ARE THERE ANY REPORTS OR STUDIES REQUIRED BY THIS if yes, provide a No descnp?on: Date Due: Bill Section Number: NIA 6. ARE THERE ANY GUBERNATORIAL APPOINTMENTS OR CHANGES TO EXISTING BOARDS, TASK FORCES, COUNCILS, COMMISSION, ETC. REQURIED BY THIS Board: Board Purpose: NIA Who Appointments: Appointee Term: 2015 Agency Bill Analysis Changes: Bill Section Number(s): FISCAL ANALYSIS 1. WHAT IS THE FISCAL IMPACT T0 LOCAL Revenues: Unknown Expenditures: Unknown Does the legislation No fees? increase local taxes or provide for a local referendum or local governing body public vote prior to implementation of the tax or fee increase? If yes. does the legislation NIA 2. WHAT IS THE FISCAL IMPACT TO STATE appropriated last year? 2015-16 2016-17 2017-18 Revenues: Minimal indeterminate Minimal indeterminate Minimal indeterminate Expenditures: $176,986, $147,600 recurring $147,600 recurring $147,600 recurring Does the No No No legislation contain a State Government appropriation? If yes, was this NIA NIA NIA 3. WHAT IS THE FISCAL IMPACT TO THE PRIVATE Revenues: Unknown Expenditures: Unknown Other: Unknown 4. DOES THE BILL INCREASE OR DECREASE TAXES, FEES, OR Does the bill increase taxes. fees or ?nes? Yes. increases ?ne authority related to an impermissible medication or drug to $10.000 or the amount of the purse or sweepstake. whichever is greater. Does the bill decrease No taxes, fees or ?nes? What is the impact of the increase or decrease? Unknown 2015 Agency Bill Analysis Bill Section Number: Section 1 TECHNOLOGY IMPACT Does the legislation impact the agency's technology systems IT support, licensing software, data storage, etc)? No, except for technology infrastructure costs for additional personnel. If yes, describe the anticipated impact to the agency including any ?scal impact. infrastructure and licensing costs for additional personnel (see Additional Comments below): 0 For one additional staff to process samples: 0 Non-recurring cost for network drop - $150.00 0 Non-recurring software license costs - $1,122.40 Recurring software license maintenance $301.26 FEDERAL IMPACT Does the legislation have a federal impact federal compliance, federal funding, federal agency involvement. etc)? No, not that the division is aware of. If yes, describe the anticipated impact including any ?scal impact. NIA Fiscal: The division will require an additional position to receive, catalog and process split sample testing requests. Costs ADDITIONAL COMMENTS associated with this additional workload are anticipated to be $176,986, of which $147,600 will be recurring. Additional Resources PMW The division would need one additional FTE: 1 Operations Analyst II to receive sample shipments, catalog samples, purge expired samples, and process split sample testing requests. Anticipated volume is expected to exceed 80,000 samples annually. Medical Freezer The division will need to store samples in a freezer capable of minus twenty degrees Celsius until the sample is completely tested with a negative result or, in the case of positive results, until the administrative penalty process is complete. The Division will need up to three freezers to handle the volume. The total estimated cost is $24,000. Additional cost of the required annual quality assurance review of the division laboratory and the independent laboratories by a third party and that the results and ?ndings shall be reports to the division and the DACS is unknown at this time. Requiring the division to split samples by division personnel rather than at the lab will increase shipping and supply cost. Based on actual costs incurred by the Racing Laboratory at the University of Florida, the division projects an increase in annual shipping cost of $35,000, and essentially the doubling of sample containers, tags, tubes, etc., are expected to be approximately $55,000 annually. It is unclear the bene?t of requiring the division to split the sample rather than in the controlled racing lab environment performed by trained technicians. Additionally, splitting the sample at the lab ensures anonymity of the sample source because it is only identi?ed by a coded sample number. 080- No Impact 2015 Agency Bill Analysis LEGAL - GENERAL OFFICE REVIEW - Commencing prosecution of violations within 60 days from the time of and recommended action: violation (meaning the day of the race) could be problematic, The volume of racing varies throughout the year and thus the amount of samples analyzed by the Racing Lab at any given time varies. Depending on the volume of samples being analyzed by the lab, it can take varying times from the time of collection to completion of the testing and con?rmation process in order to identify a drug positive sample. - Requiring the sample to be split upon collection rather than at the Racing Lab can cause unnecessary chain of custody issues that may prevent or encumber prosecution. - Eliminating the division?s ability to adopt medication levels recommended by the University of Florida. College of Veterinary Medicine may hamper the division?s ability to implement establishing medication levels not yet addressed by Association of Racing Commissioners InternationalI Inc. (ARCI). - The Controlled Therapeutic Medication Schedule (CTMS) adopted on or before March 1. 2015. by the ARCI appears to be limited to horses. Without the ability to adopt medication levels recommended Qy_the University of Florida. Colleqe of Veterinary Medicine. no medication levels for greyhounds will exist. a The requirement to notify stewards and horsemen's association of all drug tests may infringe upon section F.S.. exemptions. - OGC-Rules: No additional comments From: EmmanueLLllumntLar To: Subject: Two for your review: 148 and 152 Date: Thursday, January 29, 2015 6:16:44 PM Attachments: 1 Thanks Ben From: Vildostegui, Cody Sent: Monday, January 26, 2015 2:29 PM To: Emmanuel, Christopher Subject: more analyses Cody Vildostegui Policy Chief Education Unit Office of Policy and Budget Executive Office of Governor Rick Scott 850-717-9507 2015 AGENCY LEGISLATIVE BILL ANALYSIS Florida Department of Education BILL INFORMATION BILL NUMBER: SB 152 BILL TITLE: Disability Awareness BILL SPONSOR: Sen. Ring EFFECTIVE DATE: Upon becoming law COMMITTEE COMMITTEES OF REFERENCE 1) Education Pre?K-12 2) Appropriations Subcommittee on Education SIMILAR BILLS 3) Fiscal POIICY BILL NUMBER: NIA 4) SPONSOR: 5) PREVIOUS LEGISLATION IDENTICAL BILL NUMBER: HB 123 BILL NUMBER: SB 0178 HB 0093 SPONSOR: Rep. Cortes (J) SPONSOR: Senator Ring Representative Reed YEAR: 2014 2014 LAST ACTION: Died in Children, Families, and - - 9 Elder Affairs Isothls blII part of an agency package. Died in K-12 Subcommittee BILL ANALYSIS INFORMATION DATE OF ANALYSIS: 12/10/2014 DIVISION ASSIGNED: Public Schools, Bureau of Exceptional Education and Student Services ADDITIONAL Monica Verra-Tirado, Chief, Bureau of Exceptional Education and Student Services LEGAL ANALYST: Lois S. Tepper FISCAL ANALYST: Linda Champion, Deputy Commissioner, Finance and Operations Andrew Morrell This document does not reflect the intent or official position of the State Board of Education or any of its members. 2015 Agency Bill Analysis Florida Department of Education BILL ANALYSIS 1. EXECUTIVE SUMMARY 0 Require each district school board to provide disability history and awareness instruction in all K-12 public schools during the ?rst two weeks in October each year, beginning with the 2016-17 school year. - Require intensive instruction to students to expand their knowledge, understanding and awareness of individuals who had or have disabilities. the history of disability and the disability rights movement. Disability history must include the events and timelines of the development and evolution of services to, and the civil rights of, individuals who had or have disabilities. Disability history must also include the contributions of speci?c individuals who had or have disabilities, including the contributions of acknowledged national leaders. - Require the instruction to be integrated into the existing school curriculum in ways including, but not limited to, supplementing lesson plans, holding school assemblies or providing other school-related activities. The instruction shall be augmented by presentations from individuals who have disabilities, who have been approved by the school or school district as presenters and who the school or school district has ensured meet the appropriate background-screening requirements of 3. 1012.465, .S., to enter schools and interact with children, beginning with the 2016-17 school year. - Delete the provision that instruction may be delivered by quali?ed school personnel or knowledgeable guest speakers, with a particular focus on including individuals with disabilities. 0 Require each public school to establish a Disability History and Awareness Advisory Council. The council shall consist of the following members: - Six teachers who are employed at the school; and - One individual from the local community who has a disability. 0 Require that the responsibilities of the council shall be, but are not limited to: - Providing to the school input regarding the curriculum for disability history and awareness; I Assisting in locating individuals who have disabilities to make presentations at the school; and - Submitting an annual report to the superintendent of the school district in which the school is located by August 1, 2016, and each year thereafter. The annual report must include, but need not be limited to, recommendations and policy alternatives regarding the state of disability awareness at the school. - Require the council at each public school to meet at least four times a year, or more often, as needed. 0 Require the goals of disability history and awareness instruction to include: - Better treatment for individuals who have disabilities, especially for youth in school. and increased attention to preventing the bullying or harassment of students who have disabilities; - Encouragement to individuals who have disabilities to develop increased self-esteem, resulting in more individuals who have disabilities gaining pride in being an individual with a disability, obtaining postsecondary education, entering the workforce and fully contributing to their communities; and - Reaf?nnation of the local, state and federal commitment to the full inclusion in society of, and the equal opportunity for. all individuals who have disabilities. document does not reflect the intent or of?cial position of the State Board of Education or any of its members. 2015 Agency Bill Analysis Florida Department of Education Section 2. Establishes that the bill is effective upon becoming law. 2. SUBSTANTIVE 1. PRESENT SITUATION: Section 1. School districts are required to designate the ?rst two weeks of October of each year as Disability History and Awareness Weeks. 0 School districts are encouraged, but not required, to provide instruction in disability and history awareness. a School districts are encouraged to include information about the disability rights movement, evolution of services to and civil rights of individuals with disabilities, and contributions of individuals with disabilities. - The Bureau of Exceptional Education and Student Services (BEESS) deveIOped and disseminated to school districts the Disability History and Awareness: A Resource Guide and created a Disability History and Awareness webpage to provide further guidance for activities during Disability History and Awareness Weeks. - On the webpage developed by BEESS, there is a sample proclamation that school boards may use to declare the ?rst two weeks of October as Disability History and Awareness Weeks. 0 Annually, the Florida Department of Education and the Florida Developmental Disabilities Council host activities in Tallahassee to promote Disability History and Awareness Weeks, and school districts across the state provide differing levels of instruction and activities. 0 The Florida Developmental Disabilities Council (FDDC) developed and disseminated the Disability Awareness Through Language Arts and Literacy Resources for Prekindergarten and Elementary School to school districts, and the Florida Diagnostic Learning and Resources System provides a three-hour training on the use of the guide and accompanying lesson plans. The FDDC is currently developing a similar guide for middle and high school, with an emphasis on eliminating bullying and including all students. The guide is expected to be disseminated by the beginning of the 2015-16 school year, with the training to be developed shortly thereafter. There is not a requirement for schools to have a Disability History and Awareness Advisory Council. 2. EFFECT OF THE BILL: Section 1. - Beginning with the 2016-17 school year, all school districts will be required to provide speci?c disability history and awareness instruction during the ?rst two weeks in October. 0 The instruction will be augmented by presentations from individuals who have disabilities who have been approved by the school or school district as presenters. The school or This document does not reflect the Intent or of?cial position of the State Board of Education or any of Its members. 2015 Agency Bill Analysis Florida Department of Education school district must ensure that the presenters meet appropriate background-screening requirements in accordance with 5. 1012.465, F.S. - A Disability History and Awareness Advisory Council will be created at each public school, 0 Each advisory council will consist of six teachers who are employed at the school and one individual from the local community who has a disability. - Each council shall meet at least four times a year or more often, as needed. Each council will be required to submit an annual report to the superintendent of the school district in which the school is located by August 1, 2016, and each year thereafter. The annual report must include, but need not be limited to, recommendations and policy alternatives regarding the state of disability awareness at the school. 3. DOES THE LEGISLATION DIRECT OR ALLOW THE STATE BOARD OF EDUCATION TO DEVELOP, ADOPT, OR ELIMINATE RULES, REGULATIONS, POLICIES, OR If yes, explain: No. What is the expected NIA impact to the agency's core mission? Rule(s) impacted (provide NIA references to F.A.C.. etc.): 4. WHAT IS THE POSITION OF AFFECTED CITIZENS OR STAKEHOLDER List any known proponents and opponents: Unknown Provide a summary of the Unknown proponents? and opponents? positions: 5. ARE THERE ANY REPORTS OR STUDIES REQUIRED BY THIS BILL: If yes, provide a A report is due to the school district superintendent from each public school description: Disability History and Awareness Advisory Council and must include recommendations and policy alternatives regarding the state of disability awareness at the school. Date Due: August 1, 2016, and each year thereafter. Bill Section Number: Section 1. 6. ARE THERE ANY GUBRNATORIAL APPOINTMENTS OR CHANGES TO EXISTING BOARDSI TASK FORCES, COUNCILS, COMMISSION, ETC. REQUIRED BY THIS Board: Each public school will have a Disability History and Awareness Advisory Council. This document does not reflect the intent or of?cial position of the State Board of Education or any of its members. 2015 Agency Bill Analysis Florida Department of Education Board Purpose: To create recommendations and policy alternatives regarding the state of disability awareness at the school. Who Appointment: Unknown Appointee Term: Unknown Changes: Unknown Bill Section Number(s): Section 1. FISCAL ANALYSIS 1. WHAT IS THE FISCAL IMPACT TO LOCAL Revenues: None. Expenditures: The bill requires six teachers from each school to participate on the Disability History and Awareness Advisory Council. as well as one individual from the local community who has a disability. The council must meet four times per year. Existing staff may participate on the council; however, additional time for teachers to participate will likely require compensation for after? hour meetings, or substitute teachers may need to be hired if the meetings are held during the day. Districts would incur costs to recruit. screen. train and compensate a large number of individuals with disabilities to provide the required instruction in all K-12 schools. The cost for ?ngerprinting and background screening is $67 per presenter; the cost for recruitment and training varies among districts; and compensation schedules differ among districts. The statewide number of individuals necessary for the instruction of disability awareness is not known and the cost at the district level is indeterminable at this time. School advisory councils may need to develop materials or acquire a curriculum for disability history and awareness instruction. The costs are indeterminable at this time. Does the legislation No. increase local taxes or fees? If yes, does the legislation provide for a local referendum or local governing body public vote prior to implementation of the tax or fee increase? 2. WHAT IS THE FISCAL IMPACT TO STATE Revenues: None. Expenditures: None noted. Disability history and awareness efforts currently exist and are supported by the Florida Department of Education, Bureau of Exceptional This document does not reflect the intent or of?cial posltlon of the State Board of Education or any of Its members. 11-1-4- 2015 Agency Bill Analysis Florida Department of Education Education and Student Services and other agencies, such as the Florida Developmental Disabilities Council. Staff will continue to support current efforts and activities associated with the bill's requirements. Does the legislation contain No. a state appropriation? If yes, was this Not applicable. appropriated last year? 3. WHAT IS THE FISCAL IMPACT TO THE PRIVATE Revenues: None. Expenditures: None. Other: None. 4. DOES THE BILL INCREASE 0R DECREASE TAXES, FEES, 0R Tax, Fee, or Fine: No. Impact of the increase or decrease: Bill section number: NIA Other: NIA TECHNOLGY IMPACT Does the legislation Does the legislation require Agency updates to existing databases or websites? impact the agency?s No. technology systems IT support, licensing software, data storage, No. etc)? Does the legislation require the building of new databases. programs or websites? Does the legislation require the collection of new data that would require the development or revision of a new data element for districts or colleges? No. Does the legislation require updates to existing databases or websites for the districts or colleges? No. Does the legislation require the building of new databases, programs or websites for districts or colleges? No. If yes, describe the anticipated impact including any ?scal impact. This document does not reflect the intent or of?cial pition of the State Board of Education or any of its members. 2015 Agency Bill Analysis Florida Department of Education FEDERAL IMPACT Does the legislation have a federal impact(i.e. federal compliance, federal funding, federal agency involvement, etc)? If yes, describe the anticipated impact including any ?scal impact. ADDITIONAL COMMENTS 0 No additional comments at this time. TECHNICAL DEFICIENCIES 0 None noted at this time. LEGAL- GENERAL OFFICE REVIEW Issues/Concerns and Line 63 - If the act begins with the 2016-2017 school year. may need to recommended change August 1, 2016, to 2017 or at the end of the 2016 - 2017 school year. actionlcomments: May want to indicate whether this applies to charter schools. Lois S. Tapper 12l18/14 Legal Analyst Signature Date APPROVALS Monica Verra-Tirado 12? 0/14 245-0941 Lead Program Policy Analyst Date Phone Number Mary Jane Date Chancellor/Director/Direct Report Date Linda Champion Fiscal Analyst Date Name Date Governmental Relations This document does not re?ect the intent or of?cial position of the State Board of Education or any of its members. 2015 Agency Bill Analysis Florida Department of Education This document does not reflect the intent or of?cial position of the State Board of Education or any of its members. 2015 AGENCY LEGISLATIVE BILL ANALYSIS Florida Department of Education BILL INFORMATION BILL NUMBER: SB 0148 BILL TITLE: Resident Status for Tuition Purposes BILL SPONSOR: Ring EFFECTIVE DATE: 7l1l2015 CURRENT COMMITTEE COMMITTEES OF REFERENCE 1) Higher Education 2) Military and Veterans Affairs. Space and Domestic Security SIMILAR BILLS . BILL NUMBER: 3) Approprlations on Education . . SPONSOR: 4) ApproprIatIons 5) IDENTICAL BILLS PREVIOUS LEGISLATION HB 35 BILL NUMBER: HB 7015 SPONSOR: Rep Stark SPONSOR: Veteran and Military Affairs Subcommittee YEAR: 2014 Is this bill part of an agency package? LAST ACTION: N0 Enrolled BILL ANALYSIS INFORMATION DATE OF ANALYSIS: 12/11/2014 DIVISION ASSIGNED: Florida College System ADDITIONAL Julie Alexander LEGAL ANALYST: Mari M. Presley FISCAL ANALYST: Linda Champion. Deputy Commissioner, Finance and Operations Andrew Barnes document does not reflect the Intent or of?cial position of the State Board of Educatlon or any of its members. 2015 Agency Bill Analysis Florida Department of Education BILL ANALYSIS 1. EXECUTIVE SUMMARY Section 1. amends 3. 1009.21, F.S., to: Remove the requirement that active duty members of the Armed Services of the United States (US) reside or be stationed in this state to be classi?ed as a resident for tuition purposes, Replace the term "active duty members? with "veterans" to state that veterans of the Armed Services of the US and their dependents who initially apply to an institution of higher education within four years after the service member's honorable discharge from the Armed Services of the US may be classi?ed as residents for tuition purposes. Section 2. provides an effective date of July 1, 2015. 2. SUBSTANTIVE BILL ANALYSIS 1 . PRESENT SITUATION: Section 1. Active duty members of the Armed Services of the US. must reside or be stationed in the state to be classi?ed as a resident for tuition purposes. If an active duty member attends a Florida College System (FCS) institution or state university within 50 miles of the military establishment where they are stationed. they may be considered residents for tuition purposes, if the military establishment is within a county contiguous to Florida. Section 1009.26, F.S., was amended in 2014 to establish an out-of-state fee waiver for military veterans if they physically reside in the state while enrolled in an FCS institution or state university. In the present situation, the spouses and dependents of the veterans are not eligible for the out-of-state fee waiver. In order to be classi?ed as Florida residents for tuition purposes. veterans must meet the eligibility requirements set forth in 5. 1009.21, F.S. In 2013-14, there were 518 veterans classi?ed as out-of-state for tuition purposes and 11,544 classi?ed as Florida residents for tuition purposes in the Florida College System. 2. EFFECT OF THE BILL: Section 1. Active duty military members, their spouses and dependents, and active drilling members of the Florida National Guard will be eligible to be classi?ed as residents for tuition purposes regardless of where they live. Currently, these individuals are eligible only if they reside in Florida or are stationed in the state. Veterans and their spouses and dependents will be eligible to be classi?ed as residents for tuition purposes as long as they apply to an institution of higher learning within four years of the veteran?s honorable discharge. This document does not reflect the intent or of?cial position of the State Board of Education or any of Its members. 2015 Agency Bill Analysis Florida Department of Education 3. DOES THE LEGISLATION DIRECT OR ALLOW THE STATE BOARD OF EDUCATION TO DEVELOP, ADOPT, OR ELIMINATE RULES, REGULATIONS, POLICIES, OR If yes. explain: Section 1009.21, F.S., authorizes the State Board of Education to enact rules implementing the section. The revision to 3. 1009.21, F.S., may require rulemaking to establish the procedures for military members, their spouses and dependents to establish entitlement to instate residency. What is the expected Unknown impact to the agency's core mission? Rule(s) impacted (provide 6A-10.044, F.A.C. references to F.A.C., etc.): 4. WHAT IS THE POSITION OF AFFECTED CITIZENS OR STAKEHOLDER List any known proponents Unknown and opponents: Provide a summary of the Unknown proponents' and opponents' positions: 5. ARE THERE ANY REPORTS OR STUDIES REQUIRED BY THIS BILL: If yes. provide a None. description: Date Due: None. Bill Section Number: None. 6. ARE THERE ANY GUBRNATORIAL APPOINTMENTS OR CHANGES TO EXISTING BOARDS, TASK FORCES, COMMISSION, ETC. REQUIRED BY THIS Board: None. Board Purpose: None. Who Appointment: None. Appointee Term: None. Changes: None. Bill Section Number(s): Not applicable. This document does not reflect the intent or of?cial position of the State Board of Education or any of its members. n- - 2015 Agency Bill Analysis Florida Department of Education FISCAL ANALYSIS 1. WHAT IS THE FISCAL IMPACT TO LOCAL Revenues: The ?scal impact of SB 148 is indeterminate at this time. The number of Spouses or dependents who would be affected by the recommended changes cannot be determined with currently available data. Colleges may see a reduction of out-of-state fee revenue from current and future enrolled students that would bene?t from the proposed changes. However. the loss in revenue may be offset by increased enrollment due to the lower cost of tuition. Along with the possibility of increased enrollment there is also the potential for expenditures to increase (see Local Government Expenditures). For FY 2014-15. the weighted average in-state tuition and fees for lower level programs is $105.21 per credit hour; the weighted average out-of-state tuition and fees is $386.82 per credit hour. Expenditures: Florida College System institutions may incur additional administrative costs to verify and track student eligibility under this bill. The exact amount of this expense is indeterminate at this time. Additionally, the potentially increased enrollment would require supplementary resources and expenditures. just as any other enrollment growth would. provide for a local referendum or local governing body public vote prior to implementation of the tax or fee increase? Does the legislation No. increase local taxes or fees? If yes. does the legislation Not applicable. 2. WHAT IS THE FISCAL IMPACT TO STATE Revenues: The bill will affect the need for additional state scholarship and grant program appropriations for the Florida Student Assistance Grants (FSAG). the Mary McLeod Bethune Scholarship Program (MMG). the First Generation Matching Grant (FGMG), the William L. Boyd. IV. Florida Resident Access Grant (FRAG). the Access to Better Learning and Education Grant (ABLE). and the Minority Teachers Education Scholars Program (MTES). Each participating postsecondary institution receives an allocation from the appropriation based. in part, on the number of prior year disbursements. Expenditures: The bill expands residency from active duty members of the armed forces stationed in Florida. their spouses and their dependents to any veteran. veteran's spouse or the dependents of a veteran who enrolls in a Florida state college or state university within four years of the veteran?s honorable discharge. Eligible veterans. their spouses and their dependents could potentially be eligible for any of the state ?nancial assistance scholarship and grant programs. Statutes governing state scholarship and grant programs require students to prove Florida residency for receipt of state aid. Because the precise number of eligible veterans. their spouses and their dependents who may be classi?ed as Florida residents for the purpose of postsecondary education is unknown, an exact cost cannot be determined at this time. The General Appropriations Bill will need to re?ect an increase in funding for decentralized state programs to accommodate for an increase in potentially eligible students. If mrams are This document does not reflect the intent or of?cial position of the State Board of Education or any of Its members. 2015 Agency Bill Analysis Florida Department of Education funded as in past years, awards will be prorated with current Florida residents receiving reduced ?nancial aid awards. Does the legislation contain a state appropriation? No. If yes, was this appropriated last year? Not applicable. 3. WHAT IS THE FISCAL IMPACT TO THE PRIVATE Revenues: The bill does not appear to directly impact private sector revenues, Expenditures: Postsecondary students qualifying as state residents for postsecondary education purposes under the provisions of the bill would no longer have to pay out-of-state tuition fees. Other: Not applicable. 4. DOES THE BILL INCREASE 0R DECREASE TAXES, FEES, OR Tax, Fee, or Fine: The bill decreases fees for veterans, veterans' spouses, and veterans? dependents that are classi?ed as state residents for postsecondary education tuition. Impact of the increase or decrease: The bill creates a potential for increased enrollment in FCS institutions, which may be offset by a potential loss in revenue and a potential increase in operating costs. Bill section number: Section 1. Other; Not applicable. TECHNOLGY IMPACT Does the legislation impact the agency?s technology systems IT support, licensing software. data storage, etc)? Does the legislation require Agency updates to existing databases or websites? Minimal changes to accommodate possible new data element described below. Does the legislation require the building of new databases. programs or websites? No. Does the legislation require the collection of new data that would require the development or revision of a new data element for districts or colleges? It is possible that an existing data element (Florida College System Student Data Base) may need to be revised for the purposes of collecting spouse or dependent status of a veteran receiving bene?ts. Does the legislation require updates to existing databases or websites for the districts or colleges? The legislation does not explicitly state a requirement to update existing databases, websites or the creation of a new data element. However, updates may be necessary to identify veterans and their dependents who initially apply within the 4 year window. Does the legislation require the building of new databases, programs or This document does not re?ect the Intent or officlal position of the State Board of Education or any of its members. 2015 Agency Bill Analysis Florida Department of Education websites for districts or colleges? No. If yes, describe the NIA anticipated impact including any ?scal impact. FEDERAL IMPACT Does the legislation have a Section 702 of the Veterans Access, Choice and Accountability Act of 2014 federal impact federal requires the Department of Veterans Affairs to disallow bene?ts for programs compliance. federal funding, at institutions of higher education if the institution charges rates higher than in- federal agency involvement, state tuition for veterans and their spouse and dependents. This means that no etc)? veteran would be able to use their education bene?ts for covering tuition costs, if institutions are not compliant with section 702. If yes. describe the NIA anticipated impact including any ?scal impact. ADDITIONAL COMMENTS No additional comments at this time. TECHNICAL DEFICIENCIES - None Noted at this time LEGAL- GENERAL OFFICE REVIEW Issues/Concerns and The revision to 1009.21. F.S., would allow military personnel. their recommended spouses and dependents to take virtual courses from a Florida public action/comments: postsecondary institution as an instate resident from anywhere in the world. Mari M. Presley 12l19/14 Legal Analyst Signature Date APPROVALS Narcissus Willis 12/15/14 245?9464 Lead Program Policy Analyst Date Phone Number This document does not reflect the intent or of?cial position of the State Board of Educatlon or anyr of Its members. 2015 Agency Bill Analysis Florida Department of Education Randy Hanna 12/15/14 ChancellorIDirectorlDirect Report Date Linda Champion 1/8/2015 Fiscal Analyst Date This document does not reflect the intent or of?cial position of the State Board of Education or any of Its members. From: MeatsLMatmeu T0: Subject: FW: School choice case news story Date: Thursday, January 29, 2015 6:08:04 PM Ben, DOE is in the news; funding suspended for a Brevard County School funded by McKay Scholarships, Matthew H. Mears General Counsel Florida Department of Education From: Rivenbark II, Charles F. Sent: Thursday, January 29, 2015 6:01 PM To: Mears, Matthew Subject: School choice case news story Let me know if you have any questions. Rivenbark Assistant General Counsel Florida Department of Education From: 51MB To: Subject: FW: HB 277 DBPR Analysis - Public Lodging Date: Thursday, January 29, 2015 5:44:41 PM Attadlmems: WEED Please give buzz when you have moment. From: Emmanuel, Christopher Sent: Thursday, January 29, 2015 5:34 PM To: Gibson, Ben Subject: Fwd: HB 277 DBPR Analysis - Public Lodging Establishments Begin forwarded message: From: "Hooker, John" Date: January 27, 2015 at 2:01:16 PM EST To: "Emmanuel, Christopher" Subject: FW: HB 277 DBPR Analysis - Public Lodging Establishments Chris please see analysis of 277 Thanks John From: Datres, Susan Sent: Tuesday, January 27, 2015 8:32 AM To: Hooker, John; Milnes, Michael; Grasel, Laurie Cc: Moore, Lee; Olson, Dan Subject: HB 277 DBPR Analysis - Public Lodging Establishments The analysis for HB 277 relating to Public Lodging Establishments has been completed. Please review and give any necessary comments or final approval. I have attached the analysis above. SuaanfDabum 850-487-4327 2015 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION LEGISLATIVE BILL ANALYSIS BILL INFORMATION BILL NUMBER: HB 277 BILL TITLE: Public Lodging Establishments BILL SPONSOR: Rep. Hager EFFECTIVE DATE: 7/1/15 COMMITTEES OF REFERENCE CURRENT COMMITTEE 1) Business Professions Subcommittee Business Professions Subcommittee 2) Gov?t Operations Appropriations Subcommittee 3) Regulatory Affairs Committee SIMILAR BILLS 4) BILL NUMBER: SPONSOR: 5) IDENTICAL BILLS PREVIOUS LEGISLATION BILL NUMBER: SB 394 BILL NUMBER: SPONSOR: Sen. Brandes SPONSOR: YEAR: Is this part of an agency package? LAST ACTION: BILL ANALYSIS INFORMATION DATE OF ANALYSIS: January 27, 2015 LEAD AGENCY ANALYST: Michelle Comingore. Division of Hotels and Restaurants ADDITIONAL Kela Timmons, Division of Hotels and Restaurants Tom Coker, Technology Becky Ajhar, DSO Jamie Royal, OGC-Rules LEGAL ANALYST: Marc Drexler. OGC Division Counsel Michael Martinez, Deputy General Counsel FISCAL ANALYST: Raleigh Close, AFM 2015 Agency Bill Analysis POLICY ANALYSIS 1. EXECUTIVE SUMMARY This bill creates s. 509.095. F.S.. and requires hotels, motels. and bed and breakfast inns to waive policies that restrict accommodations to persons over a certain age when a valid military ID card is presented. g. SUBSTANTIVE BILL ANALYSIS 1. PRESENT SITUATION: The Division of Hotels and Restaurants (division) licenses and inspects public lodging establishments under ch. 509. F.S., including hotels. motels. bed and breakfast inns. vacation rentals. timeshare projects. transient apartments and nontransient apartments (5. 509.242. F.S.). As of January 1. 2015. the division licenses 4.685 hotels. motels. and bed and breakfast inns. The division is required to inspect hotels, motels. and bed and breakfast inns twice annually to safeguard the public health, safety. and welfare and also inspects as needed to ensure correction of violations and in response to complaints (3. 509.032. F.S.). Public lodging establishments may refuse accommodations to any person who is objectionable or undesirable to the operator. so long as the refusal is not "based upon race. creed. color. sex. physical disability, or national origin? (5. 509.092. F.S.). Violations of that section are handled as civil actions under s. 760.11, F.S. The division does not inspect for or enforce s. 509.092. .8. Public lodging establishments are also allowed to ?establish reasonable rules and regulations for the management of the establishment." which become part of ?a special contract between the operator and each guest or employee using the services or facilities of the operator? (3. 509.101. F.S.). The division does not enforce the terms of such special contracts. EFFECT OF THE BILL: This bill creates 3.509.095. F.S.. to require hotels. motels. and bed and breakfast inns as de?ned in ch. 509. F.S.. to waive any policy for certain age restrictions for individuals that present a valid military identification card seeking accommodations. The bill does not specify enforcement authority for violations of 8.509.095. F.S. If violations of this statute would be handled as civil actions. similar to other statutes relating to refusal of accommodations. the bill would not impact the division?s operations. However. if the division enforced the bill. the division would experience an indeterminate increase in complaints received and inspections required. 3. DOES THE LEGISLATION DIRECT OR ALLOW THE TO DEVELOP, ADOPT. 0R ELIMINATE RULES, REGULATIONS. POLICIES. OR if yes. explain: No. What is the expected None impact to the agency's core mission? Rule(s) impacted (provide None references to F.A.C., etc): 4. WHAT IS THE POSITION OF AFFECTED CITIZENS OR STAKEHOLDER List any known proponents Unknown and opponents: Provide a summary of the Unknown proponents? and opponents? positions: 5. ARE THERE ANY REPORTS OR STUDIES REQUIRED BY THIS lf yes. provide a No descnp?on: Date Due: 2015 Agency Bill Analysis Bill Section Number: NIA 6. ARE THERE ANY GUBERNATORIAL APPOINTMENTS OR CHANGES TO EXISTING BOARDS, TASK FORCES, COUNCILS, COMMISSION, ETC. REQURIED BY THIS Board: Board Purpose: Who Appointments: NIA Appointee Term: Changes: Bill Section Number(s): NIA FISCAL ANALYSIS 1. WHAT IS THE FISCAL IMPACT T0 LOCAL Revenues: Unknown Expenditures: Unknown Does the legislation No increase local taxes or fees? If yes, does the legislation NIA provide for a local referendum or local governing body public vote prior to implementation of the tax or fee increase? 2. WHAT IS THE FISCAL IMPACT TO STATE 2015-16 201647 2017-18 Revenues: NIA NIA NIA Expenditures: NIA NIA Does the legislation contain No No No a State Government appropriation? If yes, was this NIA NIA NIA appropriated last year? 3. WHAT IS THE FISCAL IMPACT TO THE PRIVATE Revenues: Unknown Expenditures: Unknown 2015 Agency Bill Analysis Other: Unknown 4. DOES THE BILL INCREASE 0R DECREASE TAXES, FEES. OR '?Does the bill increase No taxes, fees or ?nes? Does the bill decrease No taxes, fees or ?nes? What is the impact of the NIA increase or decrease? Bill Section Number: NIA TECHNOLOGY IMPACT Does the legislation impact the agency?s technology systems IT support, licensing software, data storage. etc)? Yes. if enforcement of the bill is to be handled administrativer by the Division of Hotels and Restaurants, modi?cations will be necessary to violation tables in Versa: Regulation and the iPad inspection application. If enforcement is handled as civil actions, this bill will have no technology impact. If yes, describe the anticipated impact to the agency including any ?scal impact. Changes to Versa: Regulation 4 hours Changes to iPad 4 hours All modi?cations can be made accomplished using existing resources. FEDERAL IMPACT Does the legislation have a federal impact federal compliance, federal funding, federal agency involvement, etc)? No If yes] describe the anticipated impact including any ?scal impact. NIA DSO- No Impact ADDITIONAL COMMENTS 2015 Agency Bill Analysis LEGAL - GENERAL OFFICE REVIEW lssues/concerns/comments OGC Division Counsel 8. 760.07 states that any violation of a Florida Statute and recommended action: making discrimination unlawful on the basis of age, gives rise to a cause of action under s. However, 5. 509.095 does not speci?cally state failure to waive the age policy is age discrimination. Under this logic, the on y remedy may be for the division to bring charges against the establishment If the intent is to provide a remedy under clari?cation may be needed OGC Rules- No additional comment From: Ta: ?lm Subject: Fwd: HB 277 DBPR Analysis - Public Lodging Establishments Date: Thursday, January 29, 2015 5:33:52 PM Atladimenm WW Begin forwarded message: From: John" Date: January 27, 2015 at 2:01:16 PM EST To: "Emmanuel, Christopher" ?21311151912113; Emmanuel-EDI Subject: FW: HB 277 DBPR Analysis - Public Lodging Establishments Chris please see analysis of 277 Thanks, John From: Datres; Susan Sent: Tuesday; January 27; 2015 8:32 AM To: Hooker; John; Milnes; Michael; Grasel;r Laurie Cc: Moore;r Lee; Olson; Dan Subject: HB 277 DBPR Analysis - Public Lodging Establishments The analysis for HB 277 relating to Public Lodging Establishments has been completed. Please review and give any necessary comments or final approval. I have attached the analysis above. Sudan [Drum a? ?mMa LC 9&0de 850-487-4827 2015 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION LEGISLATIVE BILL ANALYSIS BILL INFORMATION BILL NUMBER: HB 277 BILL TITLE: Public Lodging Establishments BILL SPONSOR: Rep. Hager EFFECTIVE DATE: 7/1/15 COMMITTEES OF REFERENCE CURRENT COMMITTEE 1) Business Professions Subcommittee Business Professions Subcommittee 2) Gov?t Operations Appropriations Subcommittee 3) Regulatory Affairs Committee SIMILAR BILLS 4) BILL NUMBER: 5) SPONSOR: IDENTICAL BILLS PREVIOUS LEGISLATION BILL NUMBER: SB 394 BILL NUMBER: SPONSOR: Sen. Brandes SPONSOR: YEAR: . Is this bill part of an agency package? LAST ACTION: BILL ANALYSIS INFORMATION DATE OF ANALYSIS: January 27. 2015 LEAD AGENCY ANALYST: Michelle Comingore, Division of Hotels and Restaurants ADDITIONAL Kela Timmons, Division of Hotels and Restaurants Tom Coker, Technology Becky Ajhar, DSO Jamie Royal. OGC-Rules LEGAL ANALYST: Marc Drexler. OGC Division Counsel Michael Martinez, Deputy General Counsel FISCAL ANALYST: Raleigh Close, AFM 2015 Agency Bill Analysis POLICY ANALYSIS 1. EXECUTIVE SUMMARY This bill creates s. 509.095. F.S.. and requires hotels, motels. and bed and breakfast inns to waive poucies that restrict accommodations to persons over a certain age when a valid military ID card is presented_ 2. SUBSTANTIVE BILL ANALYSIS 1. PRESENT SITUATION: The Division of Hotels and Restaurants (division) licenses and inspects public lodging establishments under ch. 509, F.S., including hotels. motels. bed and breakfast inns. vacation rentals, timeshare projects, transient apartments and nontransient apartments (8. 509.242, F.S.). As of January 1. 2015, the division licenses 4,685 hotels. motels. and bed and breakfast inns. The division is required to inspect hotels. motels. and bed and breakfast inns twice annually to safeguard the public health, safety. and welfare and also inspects as needed to ensure correction of violations and in response to complaints (8. 509.032, F.S.). Public lodging establishments may refuse accommodations to any person who is objectionable or undesirable to the operator, so long as the refusal is not ?based upon race, creed, color, sex. physical disability, or national origin? (5. 509.092, F.S.). Violations of that section are handled as civil actions under s. 760.11. ES. The division does not inspect for or enforce s. 509.092, F.S. Public lodging establishments are also allowed to ?establish reasonable rules and regulations for the management of the establishment.? which become part of ?a special contract between the operator and each guest or employee using the services or facilities of the operator? (5. 509.101. .S.). The division does not enforce the terms of such special contracts. EFFECT OF THE BILL: This bill creates s.509.095. F.S.. to require hotels, motels, and bed and breakfast inns as de?ned in ch. 509. F.S.. to waive any policy for certain age restrictions for individuals that present a valid military identi?cation card seeking accommodations. The bill does not specify enforcement authority for violations of s.509.095. F.S. If violations of this statute would be handled as civil actions. similar to other statutes relating to refusal of accommodations, the bill would not impact the division's operations. However, if the division enforced the bill, the division would experience an indeterminate increase in complaints received and inspections required. DOES THE LEGISLATION DIRECT OR ALLOW THE TO DEVELOP, ADOPT. OR ELIMINATE RULES, REGULATIONS. OR If yes, explain: No. What is the expected impact to the agency?s core mission? None Rule(s) impacted (provide references to FAQ. etc): None 4. WHAT IS THE POSITION OF AFFECTED CITIZENS OR STAKEHOLDER proponents? and opponents? positions: List any known proponents Unknown and opponents: Provide a summary of the Unknown 5. ARE THERE ANY REPORTS OR STUDIES REQUIRED BY THIS If yes. provide a No description: Date Due: 2015 Agency Bill Analysis Bill Section Number: 6. ARE THERE ANY GUBERNATORIAL APPOINTMENTS OR CHANGES TO EXISTING BOARDS, TASK FORCES, COUNCILS, COMMISSION, ETC. REQURIED BY THIS Board: NIA Board Purpose: Who Appointments: NIA Appointee Term: NIA Changes: Bill Section Number(s): FISCAL ANALYSIS 1. WHAT IS THE FISCAL IMPACT T0 LOCAL Revenues: Unknown Expenditures: Unknown Does the legislation No increase local taxes or fees? If yes, does the legislation provide for a local referendum or local governing body public vote prior to implementation of the tax or fee increase? 2. WHAT IS THE FISCAL IMPACT TO STATE 2015-16 2016-17 2017-18 Revenues: NIA NIA NIA Expenditures: NIA NIA Does the legislation contain No No No a State Government appropriation? If yes, was this NIA NIA appropriated last year? 3. WHAT IS THE FISCAL IMPACT TO THE PRIVATE Revenues: Unknown Expenditures: Unknown 2015 Agency Bill Analysis Other: Unknown 4. DOES THE BILL INCREASE OR DECREASE TAXES, FEES, OR Does the bill increase No taxes, fees or ?nes? Does the bill decrease No taxes, fees or ?nes? What is the impact of the NM increase or decrease? Bill Section Number: NIA TECHNOLOGY IMPACT Does the legislation impact the agency?s technology systems IT support, licensing software, data storage, etc)? Yes, if enforcement of the bill is to be handled administratively by the Division of Hotels and Restaurants, modi?cations will be necessary to violation tables in Versa: Regulation and the iPad inspection application. If enforcement is handled as civil actions, this bill will have no technology impact. If yes, describe the anticipated impact to the agency including any ?scal impact. Changes to Verse: Regulation 4 hours Changes to iPad 4 hours All modi?cations can be made accomplished using existing resources. FEDERAL IMPACT Does the legislation have a federal impact federal compliance. federal funding, federal agency involvement, etc)? No If yes, describe the anticipated impact including any ?scal impact. NIA 080- No Impact ADDITIONAL COMMENTS 2015 Agency Bill Analysis LEGAL - GENERAL OFFICE REVIEW Issues/concerns/comments OGC Division Counsel - 8. 760.07 states that any violation of a Florida Statute and recommended action: making discrimination unlawful on the basis of age. gives rise to a cause of action under s. However, 5. 509.095 does not speci?cally state failure to waive the age policy is age discrimination. Under this logic, the only remedy may be for the division to bring charges against the establishment. If the intent is to provide a remedy under clari?cation may be needed. OGC Rules- No additional comment From: To: Cc: Subject: Date: Attachments: m. I E. 2 Sim; mm Gov Chart and Deadlines Chart Thursday, January 29, 2015 5:26:57 PM Please see attached. Executive Assistant/Agency Clerk Of?ce of the General Counsel Florida Department of State 500 South Bronough Street, Suite 100 Tallahassee, Florida 32399-0250 ?3 850.245.6536 850.245.6127 I. . 1 . i Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the sender or the Department of State. Parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before relying upon the information provided. In addition, Florida has a very broad public records law. Written communications to or from state officials regarding state business constitute public records. Public records are available to the public and media upon request, unless the information is subject to a speci?c statutory exemption. Therefore, any information that you send to this address, including your contact information, may be subject to public disclosure. @ItsWorking FL The Departmenl of State is committed to excellence. Please take our Quslomgr Satisfaclion Survey. Jan 23 23 so 30 Feta 15 24/25 26 Mar 2015 DEADLINE DEADLINE DEADLINE DEADLINE 2015 DEADLINE DEADLINE DEADLINE DEADLINE DEADLINE DEADLINE 2015 HEARING DEADLINE EADLINES Arcia v. Detzner: Appellants' Response to SOS Motion to Transfer or in alternative 90 day extension OWV v. Detzner (SC14- 1905): Appellees?ICross-Appellants? FL House FL Senate's cross-reply brief due Thurston - FEC: Division's ReSponse due to Commission Falella: Status Report Due to Court Warm Mineral Springs: Def. DL Disclosure of Expert Reports Thurston - FEC: Thurston's Reply to Commission due Andrews: Respondent file response within 20 days of service of the Second Amended Petition Warm Mineral Discovery cutoff Thurston - FEC: FEC Hearing LOWV v. Detzner Bondi (1014-5614): Appellant to file index and records on appeal LOWV v. Detzner (SC14- Warm Mineral Springs: VORKING DEADLINE VAITING ON Faiella - Rule Making 1905): Oral Argument 9 am. Dispositive Motions, Daubert and Markman Motions Steak on the Run v. Detzner - Response to Motion for Final Judgment Andrews v. DOS - Draft roposed Order 1/29/2015 Ease Andrews v. FDOS Tr: Steven R. Andrews 2d Cir.. Leon Co. A: Drew Atkinson 8 Cir. Ct. Ashley Davis No. 13-CA-3281 Judge: Charles A. Francis -.5umrnaiy Petition for writ of mandamus to force production of public records. PRIORITY CASE DOCKET - DOS 1/29/15 11125113 Petition for Writ of Men demus 1 1125113 Request for Admissions 01118114 Amended Petition for Writ of Mand. 02111114 Mot. for Entry of Aitemative Writ 02113114 Motion to Consolidate 02119114 Order denying Mot. To Consolidate 02119114 Altem. Writ of Mand.1Show Cause 02120114 Order of Assign. - Judge Francis 03121114 Response to Altem. Writ 04110114 Notice of Serv. FDOS Responses To Pet. 1" Set of Rogs 8 RFA 04111114 Pet. Mot. For Extension of Time to File Reply to FDOS Response 04124114 Pet. Mtn. for Sanctions 04124114 Pet. Notice of Filing Af?davit 04129114 Motion to Consolidate 05102114 Min to Strike for Permanent Injunct. 05107114 Pet. Not. for for 615114 05114114 Pet. Demand for Materials 05122114 Pet. Mtn. for Protective Order 05130114 Pet. Not. of Hrg. for 614114 (Mtn. PO) 05130114 Pet. Not. of Hrg. for 614114 (Sanctions) 05130114 Notice of Email Designation 06103114 DOS Response to Pet. Mtn. for Sanctions 06104114 Pet. Not. of Cancelling 615114 Hrg. 06105114 Hrg. Cancelled 06130114 Judge Reassignment Per Admin Order 09102114 Petitioner?s for Leave to File Second Amended Petition for Writ of Mandamus and Declaratory Judgment 09102114 Notice of Filing Exhibits to Second Amended Pet. For Writ 10120114 Notice of Hearing on 1218114 at 10 am 12102114 Amended Notice of 12104114 Amended Notice of 12109114 Petitioners Notice of Cancellation of Hearing (Consented) 12131114 Consented Order on Petitioners to File Second Amended Petition 01121115 Third Amended Petition for Writ of Mandamus Apthorp, James W. Tl': Patsy Palmer. Sandy v. Detzner, SOS D?Alemberte D'Alemberte Palmer First DCA No. 1014-3592 A: Allen Winsor. Rachel Nordby; Drew Atkinson 8 Ashley Davis 08108114 Notice of Appeal 08115114 Motion Suggest T1Cert. Cause 08115114 Amended Motion Suggest TICert. Cause 08120114 Order to Pay Fee or Submit LT Order 08121114 Amended Notice of Appeal 08121114 Motion Suggestion of Certi?cation 08122114 Response 09109114 Order granting Expediting and denying Sugg. Of Cert. 10106114 initial Brief of Appellant 10106114 Appellant's Request for Oral Argument 1 PRIORITY CASE DOCKET - DOS 1/29/15 summers: 10114114 10/14/14 0114114 116114 0116114 0116114 122114 11103114 11119114 11121114 11125114 2108114 01114115 01123115 Motion for Leave to Flle Amicus Brief Brief on Amici Curiae Common Cause Florida. Lance DeHaven Smith. Allan Milledge. Jon Mills. David Colbum and Joseph Little. in support of the Appellant Amended Motion for Leave to File Amicus Brief Notice of Filing Motion for Leave to File Amicus Curiae Brief In Support of Appellant Brief of Amicus Curiae The League of Women Voters of Florida in Support of the Appellant Order granting Amicus Curiae Brief Appellee's Answer Brief Appellant?s Reply Brief Oral Argument Granted (Set 1114115 9:00 am) for Substitution Order granting for Substitution Oral Argument 9 am Notice of Supplemental Authority Arcia. Karla Vanessa et a1.. v. Ffonida Secretary of State US Court of Appeal 111h Circuit No: 1245738 11': Marc A. Goldman Marina K. Jenkins Jenner 81 Block. Catherine M. Flanagan. Michelle Kanter Cohen. Project Vote; John De Leon. Law Of?ces Of Chavez De Leon A: AG's: Jay Vail. Eugene Gandy. Drew Atkinson Ashley Davis Dispute of Attorney's Fees and costs 12108114 2118114 12122114 01109115 01115115 01120115 01123115 Motion for Attorney's fees or costs Motion for extension of time to ?le response to motion Order granting extension (response due 1120115) Motion for Transfer to District Court. or in alternative 90 day extension Response to to transfer to district court Preliminary Response to Appellants' for Atty's Fees Unopposed for Extension of Time to File Reply in Support of Plaintiffs' for Atty Fees Arcr'a. Kan'a Vanessa et 611., v. F1orfda Secretary of State US District Court Southern District No: 12-22282 11?: Michelle Kanter Cohen. Catherine Flanagan, Project Vote and Marc Goldman. Jenner Block A: Drew Atkinson Ashley Davis Dispute of Attorney's Fees and costs 04114 12104114 12104114 12108114 12109114 12110114 12115114 Mandate Reversed and Remanded Order setting Status Conference Case Reopened Order granting Notices of erhdrawl of Sen and Nkwonta Unopposed to Appear TC Order granting to Appear TC Minute Entry status conference held on 12115114 PRIORITY CASE DOCKET - DOS 1/29/15 arm-nae Home. er at. rr: {Roma} Bales inn-lather the 2012 02109112 Complaint {Roma} Scott, et at. Case Schiller; Perkins Coie; congressional redistricting 02117112 Complaint (League/ "Coalition?) No.: 2012 CA 412 Messer Caparello map violates Art. VI, 3. 20 03107112 Order Consolidating and League of (Fair Districts) 04130112 Order Denying Romo Coalition MSJs (facial challenge) Women Voters of 1r: (Coalition) 05130112 Order Denying MTDs Honida, et at. v. Gelber Schachter 06119112 Answers and Af?nnative Defenses Detzner, et a1. Greenberg; Jenner 02115113 Pls' expert disclosures Case No.: 2012 CA Block; Meyer Brooks 02120113 Legis' Mt. Sanctions 490 03104113 Coalition Resp. Mt. Sanctions 2"'1 Judicial Circuit A: 308- Drew Atkinson 03105113 Hrg. Ml. Sanctions ord. production Leon County Ashley Davis 03106113 Non-party Data Targeting Mt. to Stay 04117113 Order Denying Non-party Mt. to Stay Judge Lewis A: Florida Senate 04116113 Order Modifying Order Setting Non- Jury Trial: discovery deadline George Levesque, 60: extended to 815; Mo-week non-jury trial set for 8119113. Michael Garvin 8 Louis 05122113 Leg moved to amend answers to complaints Fisher. Jones Day; Raoul 06117113-06119/13 Pls' moved for continuance of trial to Oct. Dec. Camera. Jason Zelda. 06120113 on for cont. ?granted . Jesse Green. White 07124113 Grant Legis? Mt. Amend Answers and set trial for Jan. 6 Case 11105113 Romo Coalition MSJs on Legis' af?rmative defenses 11122113 Coalition Mt Continuance of Trial A: Florida House of 11125113-11127113 Responses to continuance Representatives 12126113 Order Continuing trial Charles T. Wells, George 12/27] 13 Mt Stay, . Meme, Jason Ungen 01102114 Mt Schedullng Order and tnal beginning April 7 Andy Berdes. Grey 01102114 Hrg/scheduling conf. - Robinson. Matthew 01103114 Order Granting Mt. to Lift Stay Carson 01111114 Order granting MPSJ 05119114 Trial . - - 06111114 Pltf's Initial Closing Brief aegg?gtzveiigl:mm 06113114 Leg. Parties' Closing Argument ACLU of Florida 06113114 Def. Florida Proposed Finding of Fact and Conclusrons of Law Foundation: Victor 06113114 Post Trial Brief of Def. Flonda NAACP Geode Dorcas R. Gnmore; Allison Riggs 06119114 Order from DCA Anita Eans 06119114 Opinion from DCA 07110114 Final Judgment 07110114 Order denying to Supp. 07114114 Pls. for Exp Status on Setting Remedy and Enforcing Judgment 07115114 Leg. to Alter or Amend Judg. and Request for Emerg. Consideration 07115114 Notice of Hearing 07116114 Order from DCA 07117114 7117114 07117114 Order Denying Non-Parties Renewed for Costs 07118114 Notice of Evidentiary 07121114 to Intervene 3 PRIORITY CASE DOCKET - DOS 1/29/15 i51l?M?L 07122114 07122114 07123114 07123114 07123114 07128114 07129114 07129114 07130114 08101114 0811 1114 0811 1114 0811 1114 0811 1114 08115114 08115114 08115114 08115114 08118114 08120114 08122114 08125114 08129114 09105114 09108114 09117114 09117114 09117114 09122114 09125114 09126114 10103114 10106114 10106114 10107114 10107114 10107114 10108114 10108114 Progress Doc-ital. Set 71241214 Opp to Leg Parties to Alter or Amend Leg Parties to Strike Notice of Notice of Hearing Appeal sent to Supreme Court Leg. Reply in Support of to Alter or Amend Judgment Romo Supp. Response to Leg. Response Opp. Of NAACP to Proposed Remedy Schedule Order on Def. Motion to Amend the Complaint Motion for Atty Fees Romo for Determination of Avail. Of Atty Fees Romo for Taxation of Costs A?idavit of John Devaney FL House Unopp. Substitution of Counsel Leg. Submission of Remedial Plan SOS Proposed Special Elect Schedule FSASE Schedule Opp. Of NAACP to FSASE 8: 808?s Proposed Schedule Hearing Order Approving Remedial Resdist. Plan Order on to Intervene by FSASE granted Notice of Appeal to DCA Notice of Joinder Appeal Leg. Notice of Cross-Appeal Order from DCA to pay ?ling fee $300 Order from DCA to pay ?ling fee $250 Corrected Order from DCA to pay ?ling fee $295 Motion to Tax Costs Notice of Hearing Hearing Set for 1019114 at 10 am Designation of Email Address Legislative Parties for Attorneys fees and ReSponse to Plfs. for Atty Fees Notice of Hearing Romo Opposition to Legis. Def. to Tax Costs Romo Reply in Support of for Determination of Availability of Attorneys Fees and Response in Opposition to Legislative Defendants for Atty Fees Legislative Parties response to Plaintiffs Min to Tax Costs Legislative Parties Reply to Coal. Plfs. Supplemental Oppos. To Leg. Def. to Tax Costs and Speci?c Objections to Leg. Def. Request for Expert Witness Romo Supp Oppos to Leg. Def. to Tax Costs and Speci?c Obj. to Leg. Defendants Request for Expert Witness Fees 4 PRIORITY CASE DOCKET - DOS 1/29/15 ?ii'r'n'r'riar'g l??l?rmll; 10122114 10123114 10124114 10127114 10127114 10127114 10127114 10130114 10131114 11103114 11110114 11110114 11114114 11117114 11117114 11117114 11120114 12101114 12103114 12105114 12105114 12109114 12115114 12116114 12116114 12118114 12118114 12119114 12122114 01116115 01122115 01127115 Order tror?n Eu prams Court Designaled as High Pro?le Order from DCA - Appeal Tolled Motion to Toll Time for Preparing and Filing Index and Rod. On Appeal Order from Supreme Ct. ?ling original record Order from DCA - Show Cause payment of ?ling fee Order from DCA Filing Fee Order from DCA - Withdrawing Order on ?ling fee Order from Supreme Ct. to Clerk re. ?ling record Coal. Notice of ?ling hearing transcripts Order from DCA Appellants status report ?led Appeal record sent to FL Supreme Court Order on Parties to Tax Costs Order denying parties for Atty. Fees Order granting Coal. Unopposed Min to Release Costs Deposit Order from Supreme Court - Clerk to unseal all portions of the record Order from Supreme Court Af?rrn trial court ruling requiring production of 538 pages of disputed documents for Substitution of Attorney for NAACP Abudu for Stevenson; Appearance for Abudu and for Substitution Order from Supreme Court (8014-1905) Mandate af?rming Lower Court Decision Order Granting Substitution of Abudu for Stevenson Order from DCA - Order on Mandate that Opinion of SC accompany Mandate of this court to Circuit Court Mandate af?rrning Lower Court Decision Order from Supreme Court (8014-1905) Order from Supreme Court (8014-1200) Coalition Notice of ?ling Hearing Transcript Order from Supreme Court (8014-1905) Order to Show Cause Directions to Clerk Order from Supreme Court Appellee/Cross Appellants Unopposed Min to Supplement Record on Appeal is granted Order from Supreme Court 8014?987 Coalition Reply to Non-Parties' Response to Order to Show Cause regarding for Rehearing Coalition Notice of Filing Af?davit of Service Order from DCA granting extension of time to ?le index and prepare records on appeal to 2/26/15 Case PRIORITY CASE oocxsr DOS 1/29/15 Summary- Hates LOWV v. Detzner Supreme Court of Florida Case No.: 8014-1905 L.T. Nos.: 1014-3953 2012-CA-00412 2012-CA-00490 rr: (Romo) Boies Schiller; Perkins Coie; Messer Caparello Tr: (Coalition) Gelber Schachter Greenberg: Jenner 8r Block; Meyer Brooks A: 808- Drew Atk 8: Ashley Davis inson A: Florida Senate George Levesque. 60: Michael Carvin Louis Fisher, Jones Day; Raoul Cantero, Jason Zakia, Jesse Green, White 8; Case A: Florida House of Representatives Charles T. Wells, George Meros, Jason Unger, Andy Bardos. Gray Robinson; Matlhew Carson A: NAACP Allison Riggs, Anita Earls, Wstor Goode, Dorcas Gilmore Nancy Abudu Validity of original and redrawn maps 10/03/14 10/03/14 10/10/14 10/16/14 10/23/14 10/28/14 10/28/14 10/28/14 10/31/14 11/05/14 11/20/14 11/21/14 11/24/14 11/25/14 12/01/14 12/01/14 12/01/14 12/04/14 12/06/14 12/12/14 12/17/14 12/18/14 12/19/14 12/19/14 12/23/14 01/09/15 01/09/15 01/09/15 01/12/15 01/14/15 01/16/15 01/16/15 01/20/15 01/21/15 Appellants' Motion to Accept Brief in Support on Accepting Certi?cation Appellants? Brief in Support of Accepting Certi?cation Notice of Joinder in Appeal Leg. Parties' Brief on Jurisdiction Order scheduling oral argument and deadlines Appellants' Agreed Motion to Utilize Record from related Appeal Appellants' Agreed Motion to Extend Brie?ng Schedule and Enlarge Page Limits Motion to Toll Time Order granting Agreed Mtn. Utilize Record from Related Appeal. Appellants' Motion to Determine Con?dentiality Order denying Motion to Determine Con?dentiality Appellanls' unopposed lo Supplement Record Corrected Initial Brief of Appellants Pro Hac Vice by Elias and Devaney and order granting same Order acceptance as timely ?led Amicus Curiae Amicus Curiae Initial Brief Order Amiucs Curiae granted Order unsealing emails Order granting Appellants? Unopposed Mtn. to Supplement Record Unopposed to Supplement Record on Appeal Order granting Appellee/Cross Appellant Unopposed to Supplement Record on Appeal Legislative parties? answer brief and initial brief on cross appeal Answer brief of the FL State Conference of NAACP branches Corrected Answer brief of the FL State Conference of NAACP branches Motion to accept reply brief/answer brief on cross appeal with altered page allocation Reply/Cross Answer Brief Motion for Attorney's Fees Order granting appellants unopposed to supplement the record Legislative parties? response to appellants? motion to accept reply brief/answer brief on cross appeal with altered page allocations Appellants' Unopposed for leave to ?led corrected reply brief/answer brief on cross appeal Appellants" corrected reply brief/answer brief on cross appeal NAACP's to Enlarge Oral Argument Order granting in part to Enlarge Oral Argument on 3/4/15 9 am; Appellants/Cross-Appellees are allowed a maximum of thirty minutes. The Legislative Appellees/Cross-Appellants are allowed a maximum of twenty-?ve minutes. The NAACP, as an Appellee, is allowed 6 Gase- PRIORITY CASE DOCKET DOS 29/ 15 -SU.nii?ity- 1 01/22/15 01/23/15 01/26/15 01/26/15 01/28/15 a maximum of ?ve minutes fo the sole purpose of addressing Issues related to Congressional District 5. Order granting Appellants' Unopposed Motion for Leave to File Corrected Reply Brief/Answer Brief on Cross-Appeal Legislative Parties? Reply Brief on Cross Appeal Florida Senate?s response in opposition to Appellants' to Strike Florida Senate's response to Appellants' for Appellate Attys' Fees Order -To the extent the discussion in Part of their corrected reply brief/answer brief on cross-appeal can be construed as a motion to strike a portion of the Legislative Appellees'lCross-Appellants? answer brief?nitial brief on cross-appeal. the motion is denied without prejudice to this Court determining whether the alternative maps should be considered in the adjudication of the issues in this case LOWV v. Detzner 1?t DCA Case No.: 1014-5614 L.T. Nos.: 2012-CA-00412 2012-CA-00490 Tr: John Mills; Andrew Manko; Courtney Brewer The Mills Law Firm A: SOS Drew Atkinson Ashley Davis A: Legislature A: NAACP - Appeal of denial of attorney's fees 12/09/14 12/10/14 12/12/14 12/29/14 01/23/15 01/27/15 Notice of Appeal Acknowledgement Letter Case Filing Fee Docketing Statement Motion for Extension of time to File Record Order - Appellant's motion ?led January 23, 2015. for extension of time to ?le the index and prepare the record on appeal is granted, and the time is extended to February 26. 2015 Steak on the Run v. Detzner (formerly Ange/?sh) 11lh Judicial Circuit (Miami) Case No.203-13413 CA-21 11: Andrew Traitor; Janet Varnell A: Gray Robinson; Drew Atkinson Ashley Davis Constitutional challenge to business entity late fees and reinstatement fees. 03/14/14 04/02/14 04/23/14 05/09/14 05/14/14 05/22/14 06/03/14 06/23/14 09/22/14 10/27/14 11/26/14 01/08/15 Dismissal for failure to prosecute denied; PLs instructed to move the case fonrvard Plfs. Renewed Mot. For Class Cert. Def. Mot. To Strike Not. of Unavailabilty Notice of Cancellation of Hrg. Notice of Hrg: 6/24/14 9 am Ntc. Withdrawal of Renewed Mt. for Class Cert. and Mt. Determine Class Plan Notice of Cancellation of set for 6/24/14 for Status Conference and Final Judgment with Supporting Memo of Law Notice of Hrg. - January 12, 2015 3:00 pm. 808 for Sanctions Cancellation Notice of 1/12/15 Hrg. Michael Steinberg v. Matthews at at. Supreme Court Case PRIORITY CASE DOCKET - DOS -.Summat?y Challenge to write-in candidate?s residency. Write-in challenges the constitutionality of the statute 1/29/15 11/17/14 Order staying proceedings in SC pending disposition of Brinkman v. Francois case 8014-1899 11/24/14 Initial Brief (Cert Serv Date 9/4/14) Warinner v. Detzner N.D. Fla. Case No. 4:14- 00164-JA TRANSFERRED from MD. Fla. No. 13-01860 11?: Marc Elias. Keven Hamilton 8 John Devaney. Perkins Coie; and Robert Telfer Ill 8. Mark Herron. Messer Caparello, P.A. A: Drew Atkinson Ashley Davis A: Fla. Senate. Jason Zakia. White 8 Case Allege CD5 is a racial gerrymander in violation of the Equal Protection Clause of the 14?" Amendment 03/12/14 Order setting scheduling conference 4/4 03/28/14 Herron Notice of Appearance 04/15/14 Order ?le evidence admitted and status report 7 days after Romo Trial; 14 days after Romo Trial ?le objections to evidence 04/24/14 Zakia Notice of Appearance 06/02/14 Joint Motion for Clari?cation 06/05/14 Order for Clari?cation 06/12/14 Submission of Romo v. Detzner Transcript 06/19/14 Exhibit List Legislative Parties Submission of Evidence and Status Report by FL House Of Rep.. FL Sen. 06/19/14 Leg. Parties State Trial Depo Design. 06/26/14 Resp to Def. Filing Suppl. Evidence 06/26/14 Leg. Parties Obj to Evid Submitted by 07/20/14 Notice of Filing Final Judgment of FL Circuit Court 08/18/14 Status Report - Notice of Filing Submission of Remedial Plan 8/21/14 FL House of Representatives' Unopposed for Substitution of Counsel 08/22114 Order granting substitution 08/25/14 Leg. Parties' Notice of Filing Order Approving Remedial Redistricting Plan 09/24/14 Order Staying Case 8 denying to Dismiss (case is STAYED. and the Clerk of Court is directed to administratively close this ?le. Upon resolution of litigation in Florida state courts. the parties shall ?le a status report informing this Court of the outcome of the litigation.) Friends of Warm Mine/rat Springs and Ju/r'ette Jones v. Ken Detzner et US District Ct. Middle Dist. (Tampa) Case No: 13-03236 Judge Merryday 11': Matthew Farmer. Farmer 8 Fitzgerald; Ralf Brookes. Law Of?ces of Ralf Brookes A: Drew Atkinson 8 Ashley Davis A: City of North Port. Robert K. Robinson. Nelson Hessee. Kevin Hennessy. Lewis. Longman 8. Walker Challenge under Clean Water Act for allowing material to remain in Warm Mineral Springs without a permit. Our former undemater archeologist is alleged to have initially placed plastic sheeting in the Springs to protect archeological resources 12/24/14 Complaint 12/24/14 Summons 01/08/14 Waiver of Service 01/08/14 Notice of Appearance Pearce 01/21/14 Notice of Designation 01/23/14 to Dism Complaint by Sarasota Co. 02/09/14 Notice by WMS re. Complaint 02110/14 Amended Complaint 02/11/14 Order denying MTD as moot 02/11/14 Notice by WMS of Filing Verif. To 2"?1 Co. 02/11/14 Notice by WMS of Filing Attach. To Amend. Complaint 02/12/14 Notice by WMS to US Atty Gen. 02/12/14 to Dismiss Amend. Co. by Sarasota Co. 02/17/14 Notice by City North Port Waiver of Serv. 02/17/14 First Motion to Dismiss Complaint by City of North Port 8 PRIORITY CASE DOCKET 005 1/29/15 summer" A: Sarasota County. 02/16/14 Notice of App by Robert Robinson David M. Pearce and 02/18/14 Waiver of Service by City of North Port Stephen DeMarsh. Of?ce 02/18/14 to Dismiss Complaint by North Port of the County Atty. 03/03/14 ReSponse to Motion to Dismiss Amend. Complaint by Sarasota County by WMS 03/12/14 Response to Motion to Dismiss Complaint for Declar. And lnjunctive Relief by North Port 03/30/14 Order denying Sarasota's Mot. to Dismiss 03/30/14 Order denying North Port's Mot. to Dismiss 04/02/14 Order referring case to mediation 04/08/14 Objection re. Order referring case to mediation. 04/10/14 Order North Port?s objection sustained. 04/14/14 Order referring case to Mediation before Wilcox 04/17/14 Answer to Amended Complaint by North Port 04/16/14 Answer by Sarasota County 04/21/14 Notice of Voluntarily Dismissal by WMS 04/21/14 Amended Not. of Vol. Dismissal by WMS 04/21/14 Objection re. Order referring case to med. 04/22/14 Ord on North Port?s obj. to med. - OR 04/22/14 Order denying as moot notice of dismissal 04/24/14 Objection re. Order referring case to med. (Detzner) 05/01/14 Unopposed Mtn. to extend time to comply with mediation order 05/02/14 Order granting the Mtn. for ext. to DOS MTD 05/02/14 Order granting for ext. of time to ?le response to MTD 05/02/14 Order granting ext. to comply with med. Order 05/07/14 Notice of mediation conference on 6/20/14 05/08/14 Amended Complaint against DOS 05/09/14 Order denying as moot MTD 05/15/14 Amended Answer to 2?d Amend Complaint by Sarasota 05/20/14 North Port's Answer 05/27/14 Motion to Dismiss Second Amended Complaint 05/31/14 Consent Service 06/02/14 Notice of unavailability by Sarasota County 06/12/14 Order failed to ?le Case Manag. 06/12/14 Resp. to DOS MTD Amend. Complaint 06/17/14 Pltf's Coporate Disclosure Statement 06/17/14 Supp. Response to DOS MTD 2"d Amend. Complaint 06/18/14 Waiver of Service for Detzner. Bendus and Smith 06/20/14 Resp. to Court's Order to SC 06/20/14 Case Management Report 06/24/14 Mediation Report 06/26/14 Scheduling Order 07/30/14 Motion to Dismiss Second Amended Complaint 07/31/14 Order denying as Moot MTD 06/16/14 Response in Opposition to to Dismiss Second Amended Complaint 9 PRIORITY CASE DOCKET DOS 1/29/15 08l19/14 NOA by Glogau for Bendus, Detzner, Smith and DOS 09116114 Order denying to Dismiss 09l30l14 SOS's Answer to Second Amended Complaint 10l12l14 Notice of Voluntary Dismissal of Defendant Sarasota County 10 From: To: Subject: Date: 313mg, glenn; Arnold, Carrie: Austin, Geraldine: Baker lvia; Blanton, Michelle; Browning, Laurie; Cabanero, m; Cabral, Irene; Camit, Joe: Carr, Carol: Carroll, Alesia: Clemons, Paul; Combs, LouEllen: Conrov, Bruce: Davidson, Bonnie: Delaney. Gus: DiSalvo, David: Flovd, Bonnie: Fluham-Denson, Kim; Gibson, ?gmez, Diane: Graham, Amy; Helms, Mark: Henderson, Mark: Hicks, Joev: Hoffman, Cindv: Hooker. John: Home, Qindy; HRM Policy Team List: Hunter, Andela: Jefferson, Shelby: Kelley, Liz; King, Susan; Kirwin, Tom; Wig; Larson, Sharon: Linkous, Sarah: Manon. Christine: Martin, Jim: Mathews, Audrey: Mattimore. Mi: Mazzara, Cindy: McCulloudh, Phillip: McSwain, Ross: McVanev. Joe: Meehan, Drew; Minno Matthew; Won. Louise: Moore, Ruesther: Nelson, Bill; Parry. Jim: Parton, Giorv: Patino, Melissa: Perdue. Alissa: Enauguf, Jennifer; Powell, Bennett: Presslev. Yvettee: Rhodes, Terrv: Roberts. Pam; Rogers, Margo; Saunders .Qanieb Seabrooks, Michelle: Shivelv, Brett: Shoemaker, Paine: Shuines, Lana: Simmons, Lori: Skipper, Jamie; 5min]. Amanda; Snider, Roarv: Steoo, Terrv: Strickland, Deborah; Sullivan, Dale; Tenper, David: Thomas, mane; Tondee, Renee: Uliasz, James: Veal, Sue: Vick. Jake: Ward, Kim: Waters, Veronica: Watson, Wanda: Williams, Risa: Williamson, Heather AFSCME Special Compensatory Leave Forfeiture Data Thursday, January 29, 2015 4:56:36 PM AFSCME Advisory Council Members and State Bargaining Team: Upon AFSCM E?s request, we recently provided special compensatory leave forfeiture data to AFSCME for their covered employees. HRM worked with People First and the individual agencies to compile the most reliable estimates available at this time. For your reference, a summary of the data below indicates the average number of forfeited hours per employee/total number of employees with forfeited hours for each agency. This information will be discussed during the AFSMCE negotiation session on January 30, 2015. HSMV 4.5 hours/551 employees DOH - 4.6 hours/706 employees DOR - 6.3 hours/116 employees DACS 6.3 hours/173 employees FWC - 9.7 hours/341 employees DCF 12 hours/3964 employees DOC 12.8/331 employees DJJ - 13.4 hours/761 employees APD 14.3 hours/817 employees DVA - 16.4 hours/675 employees DEO 22.4 hours/220 employees Total number of hours 100,426 Total number of employees 8,655 Average number of hours forfeited per employee 11.6 Claire Whitley Human Resource Consultant Florida Department of Management Services Office of the General Counsel 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950 Office: (850) 487-9460 Fl Follow Us on Twitter Follow Us on From: Mockuclhomas TO: Subject: RE: FSU Law Sdiool Again #1 in Florida and in Nation?s Top Tler Date: Thursday, January 29, 2015 4:32:20 PM You forgot to copy Tim on this. From: Gibson, Ben Sent: Thursday, January 29, 2015 2:37 PM To: Stearns, Heather; Antonacci, Peter; Heekin, Jack Cc: Winokur, Thomas Subject: FW: FSU Law School Again #1 in Florida and in Nation's Top Tier Great news for Florida State Law! From: Weidner, Donald Sent: Thursday, January 29, 2015 2:16 PM To: Gibson, Ben Subject: FSU Law School Again #1 in Florida and in Nation's Top Tier Dear Alum: I hope you will forgive me for my second email in a week?l try to respect your inbox. I am delighted to report that Business Insider has ranked us as Florida?s #1 law school, and #32 nationally, on its list. indeed, Florida State is the only Florida law school in the top 50. The ranking is based on the results of a survey of legal industry professionals, acceptance rates reported by US. News Won'd Report, and post?graduate employment rates reported by the American Bar Association. Survey participants were asked to "select the top 10 law schools in terms of how well they prepare students to lend their ideal job." This ranking is especially gratifying because it is based in large part on how well we prepare our students and on their successes in landing the jobs they want. for the full Business Insider list. This Business Insider ranking is consistent with last spring's U. 8. News ranking, which also rated us as #1 in Florida. Thanks! Don Donald J. Weidner Dean and Alumni Centennial Professor Florida State University College of Law 425 W. Jefferson Street Tallahassee, FL 32306-1601 850-644-3071 .I CAM i' I DEC Raise The 'Iinrch IE From: WEE To: 52mm Cc: Subject: RE: Today?s 4 pm. meeting Dalia: Thursday, January 29, 2015 3:30:15 PM Thanks Ben! I?ll give you shout in the morning. From: Gibson, Ben Sent: Thursday, January 29, 2015 3:30 PM To: Maggi Parker Cc: Nieset, Stephanie Subject: Re: Today's 4 pm. meeting That's fine. Let?s talk tomorrow though about the letter you gave me on Monday. Feel better! Ben Gibson On Jan 29, 2015, at 3:19 PM, Maggi Parker wrote: Hi Ben, Do you mind if I bow out of today?s GC meeting? I?ve been battling a headache and it?s not getting any better this afternoon. Maggi 0?5ulliVan Parker General Counsel Office of Early Learning 250 Marriott Drive Tallahassee, Florida 32399 (850) 717-8550 From: Mam To: Cc: Wale Subject: RE: Today"s 4 pm. meeting Date: Thursday, January 29, 2015 3:30:15 PM Thanks Ben! I?ll give you shout in the morning. From: Gibson, Ben Sent: Thursday, January 29, 2015 3:30 PM To: Maggi Parker Cc: Nieset, Stephanie Subject: Re: Today's 4 pm. meeting That's fine. Let's talk tomorrow though about the letter you gave me on Monday. Feel better! Ben Gibson On Jan 29, 2015, at 3:19 PM, Maggi Parker wrote: Hi Ben, Do you mind if I bow out of today?s GC meeting? I?ve been battling a headache and it?s not getting any better this afternoon. Maggi 0?5th?Van Parker General Counsel Office of Early Learning 250 Marriott Drive Tallahassee, Florida 32399 (850) 717?8550 From: We: To: mm Cc: We Subject: Today?s 4 pm. meeting Date: Thursday, January 29, 2015 3:19:17 PM Attachments: Hi Ben, Do you mind if I bow out of today?s GC meeting? I?ve been battling a headache and it?s not getting any better this afternoon. Maggi 0?5ulliVan Parker General Counsel Office of Early Learning 250 Marriott Drive Tallahassee, Florida 32399 (850) 717-3550 or Earl)! Lea-hi Luna ?My Luau we LIFE. From: TO: 51M Subject: Re: Farewell Date: Thursday, January 29, 2015 3:03:24 PM Will do Sent from my iPhone On Jan 29, 2015, at 1:44 PM, Gibson, Ben wrote: All the best to you Matt. Please keep in touch. Ben Gibson On Jan 29, 2015, at 1 1:54 AM, Leopold, Matt wrote: Friends, it?s been great working with you! Hope to see you all again soon. Matt From: Leopold, Matt Sent: Thursday, January 29, 2015 11:50 AM To: OGC Employees; Arthur, Jonathan; Bartlett, Drew; Calhoun, John; Caspary, Jorge; Chapman, Joseph; Claridge, Kevin; Clark, David Cobb, Paula; Creech, Jill; Engel, Lauren; Ferris, Julie; Forgione, Donald; Frick, Thomas; Fuller, Candie; Gaskin, Carla Greene, Randy; Halpin, Mike; Hamilton, Shawn; lglehart, Jon; Keenan, Gwen; Ketchel, Andrew; Larson, Jackie; Leopold, Matt; McElheney, MaryAlice; Meehan, Drew; Mercer, Rick; Owens?Ashey, Leah; Prather, Jeff; Schmalfuss, Belva; Strong, Greg; Thomasson, Mark; Wilson, Bob Yeargan, Mary; Zeiler, Lennie; Brian Kelley, Lisa; Maher, Jim; McLaurin, Albert; Smith, Jennifer Wilson, Cliff; Coates, John; Fenton, Katy; Irwin, Danielle; Klena, Chris Vielhauer, Trina Cc: Steverson, Jon Subject: Farewell DEP colleagues, I want to notify you that I will be stepping down as General Counsel to pursue private practice. It has been a great honor to serve the Department and to work with the many talented professionals that are here. I have so much respect for the important work you do. El Returning home to Florida to serve in this role has been a highlight of my career. After practicing with the federal government for several years, now fully understand the essential the role of the State in implementing our nation?s numerous environmental laws. Florida does a superbjob providing environmentally protective solutions for our citizens and businesses. Thanks to the attorneys, staff, and the many clients throughout the Department who have been so generous with their time and friendship. My last day in the office will be tomorrow, January 30. Best regards, Matt Leopold Matthew Z. Leopold General Counsel Florida Dept. of Envtl. Protection 3900 Commonwealth Blvd. Tallahassee, FL 32399 Of?ce: {850) 245-2295 From: To: War; 11mm Cc: Willis Subject: FW: FSU Law School Again #1 in Florida and In Nation?s Top Tier Date: Thursday, January 29, 2015 2:37:12 PM Great news for Florida State Law! From: Weidner, Donald Sent: Thursday, January 29, 2015 2:16 PM To: Gibson, Ben Subject: FSU Law School Again #1 in Florida and in Nation's Top Tier Dear Alum: I hope you will forgive me for my second email in a week?l try to respect your inbox. I am delighted to report that Business Insider has ranked us as Florida's #1 law school. and #32 nationally, on its list. Indeed, Florida State is the only Florida law school in the top 50. The ranking is based on the results of a survey of legal industry professionals, acceptance rates reported by U. 8. News World Report, and post-graduate employment rates reported by the American Bar Association. Survey participants were asked to ?select the top 10 law schools in terms of how well they prepare students to land their ideal job." This ranking is especially gratifying because it is based in large part on how well we prepare our students and on their successes in landing the jobs they want. Qlick here for the full Business Insider list. This Business Insider ranking is consistent with last spring?s US. News ranking, which also rated us as #1 in Florida. Thanks! Don Donald J. Weidner Dean and Alumni Centennial Professor Florida State University College of Law 425 W. Jefferson Street Tallahassee, FL 32306-1601 850-644-3071 g, (ma-1mm ?r vao Raise 110 1111111 From: To: Lsemldal?att Subject: Re: Farewell Date: Thursday, January 29, 2015 1:44:25 PM All the best to you Matt. Please keep in touch. Ben Gibson On Jan 29, 2015, at 1 1:54 AM, Leopold, Matt wrote; Friends, it's been great working with you! Hope to see you all again soon. Matt From: Leopold, Matt Sent: Thursday, January 29, 2015 11:50 AM To: OGC Employees; Arthur, Jonathan; Bartlett, Drew; Calhoun, John; Caspary, Jorge; Chapman, Joseph; Claridge, Kevin; Clark, David Cobb, Paula; Creech, Jill; Engel, Lauren; Ferris, Julie; Forgione, Donald; Frick, Thomas; Fuller, Candie; Gaskin, Carla Greene, Randy; Halpin, Mike; Hamilton, Shawn; lglehart, Jon; Keenan, Gwen; Ketchel, Andrew; Larson, Jackie; Leopold, Matt; McEIheney, MaryAlice; Meehan, Drew; Mercer, Rick; Owens-Ashey, Leah; Prather, Jeff; Schmalfuss, Belva; Strong, Greg; Thomasson, Mark; Wilson, Bob Yeargan, Mary; Zeiler, Lennie; Brian Kelley, Lisa; Maher, Jim; McLaurin, Albert; Smith, Jennifer Wilson, Cliff; Coates, John; Fenton, Katy; Irwin, Danielle; Klena, Chris Vielhauer, Trina Cc: Steverson, Jon Subject: Farewell DEP colleagues, I want to notify you that I will be stepping down as General Counsel to pursue private practice. It has been a great honor to serve the Department and to work with the many talented professionals that are here. I have so much respect for the important work you do. Returning home to Florida to serve in this role has been a highlight of my career. After practicing with the federal government for several years, I now fully understand the essential the role of the State in implementing our nation?s numerous environmental laws. Florida does a superb job providing environmentally protective solutions for our citizens and businesses. Thanks to the attorneys, staff, and the many clients throughout the Department who have been so generous with their time and friendship. My last day in the office will be tomorrow, January 30. Best regards, Matt Leopold Matthew Z. Leopold General Counsel Florida Dept. of Envtl. Protection 3900 Commonwealth Blvd. Tallahassee, FL 32399 O?ice: (850) 245-2295 Barnes, Kelly From: Gibson, Ben Sent: Thursday, January 29, 2015 12:27 PM To: Jordan, Elaine Subject: Accepted: FW: Skype meeting From: mm To: ?nger, gainy? Cc: Subject: Re: UF Law OCI Date: Thursday, January 29, 2015 9:39:09 AM Thank you for your quick turnaround on this! Ben Gibson On Jan 29, 2015, at 9:32 AM, Criner, Caitlyn wrote; Thanks Ben! We have the position posted and will send you the documents tomorrow so that you will have time to review them. Caitlyn From: Gibson, Ben Sent: Wednaday, January 28, 2015 5:28 PM To: Criner, Caitlyn Cc: Bax, Laura Subject: RE: UF Law OCI Thank you Caitlyn. submitted the form and look forward to responses. Ben Gibson Assistant General Counsel Executive Office of the GovernOr (850) 7179310 From: Criner, Caitlyn Sent: Wednesday, January 28, 2015 4:48 PM To: Gibson, Ben Subject: UF Law OCI Hi Mr. Gibson, Thank you for speaking with me we look forward to having you next Friday! Here is the Wm we discussed. Please let me know if you have any questions! Thank you, Caitlyn Criner Program Assistant Center for Career Development University of Florida Levin College of Law 147 Bmton?Geer Hall Gainesville, Florida 32611 Phone: 352?273-0860 Email: sanctum We value your feedback on our services. Please click here. simaeeQQLeita Note: This communication may contain information that is legally exempt from disclosure. Ifyau are not the intended recipient, please note that any dissemination, distribution or copying of this communication is strictly prohibited. Anyone who receives this message in error should noti?z the sender immediatebl by telephone, Or by return emaii and delete the essage from their computer. For the University of Florida Privacy Statement, see Under Florida law, emaii addresses are public records. ifyou do not want your email address released in response to a public records request, do not send electronic maii to the University. instead, contact the speci?c o?ice or individual by phone or in writing. From: Ta: ?lm Subject: RE: UF Law OCI Date: Thursday, January 29, 2015 9:32:05 AM Thanks Ben! We have the position posted and will send you the documents tomorrow so that you will have time to review them. Caitlyn From: Gibson, Ben Sent: Wednesday, January 28, 2015 5:28 PM To: Criner, Caitlyn Cc: Bax, Laura Subject: RE: UF Law OCI Thank you Caitlyn. I submitted the form and look forward to responses. Ben Gibson Assistant General Counsel Executive Office ofthe Governor (850) 717-9310 From: Crinen Caitlvn Sent: Wednesday, January 28, 2015 4:48 PM To: Gibson, Ben Subject: UF Law OCI Hi Mr. Gibson, Thank you for speaking with me we look forward to having you next Friday! Here is the Legjima?gniqnm we discussed. Please let me know if you have any questions! Thank you, Caitlyn Criner Program Assistant Center for Career Development University of Florida Levin College of Law 147 Bruton-Geer Hall Gainesville, Florida 32611 Phone: 352-273-0860 Emailmacrmer lawufl. We value your feedback on our services. Please click here. UF ?b?iif?j?i Th: Foundm?imifvr The Nation Note: This communication may contain information that is legaibr exempt from disclosure ifyou are no: the intended recipient, please note that any dissemination, distribution or copying of this communication is strictly prohibited. Anyone who receives this message in error should noti?; the sender immediately by telephone, or by return email and delete the message from their computer. For the University ofFiorida Privacy Statement, see . Under Florida [aw] emaff addresses are public records. if you do not want your email address reieased in response to a public records request, do not send electronic mail to the University. instead, contact the specy?ic of?ce orindividuai by phone or in writing. From: W0 To: SEW Subject: RE: ?nancial disclosure Date: Thursday, January 29, 2015 9:26:35 AM Ok, the nks. Dawn Hanson Director of Administration Executive Of?ce of the Governor (850) 717-9210 3" What's Working TO EAT From: Gibson, Ben Sent: Wednesday, January 28, 2015 9:00 PM To: Hanson, Dawn Subject: RE: ?nancial disclosure Dawn, All mm; are required to file a statement of financial interests (CE FORM 1) within 30 days from the date their employment begins, no later than July 1 of each year, and within 60 days after leaving employment. Section F.S., defines "specified state employee? as: ?Any person employed in the Office of the Governor. . ., except persons employed in clerical, secretarial, or similar positions.? In addition to an employee?s actual title, a functional analysis of the employee?s duties must also be done to determine whether or not they are required to file. We can discuss this in relation to the two employees below, and it may also be advisable to contact the Commission on Ethics staff for guidance if it is unclear. Ben Gibson Assistant General Counsel l-xecutive Office of the Governor (850) 717-9310 From: Hanson, Dawn Sent: Wednesday, January 28, 2015 10:20 AM To: Gibson, Ben Subject: ?nancial disclosure Ben, I recently reviewed our list of who, in the ECG, is required to submit a financial disclosure. Most everyone in the E06 is required except for those whose job duties are clerical in nature. Currently, Taylor Nash and Priscilla Ivasco positions are not required to file but I?m wondering if they should be included on the list of filers. Any thoughts? Dawn Hanson Director of Administration Executive Of?ce of the Governor (850) 717-9210 Writing 1'0le From: To: 91m Subject: UF Law Job Posting: Position Approved Date: Thursday, January 29, 2015 8:51:56 AM Dear Ben Gibson: The following position has been approved on UF Law?sjob database: Law Clerk 2/6 Thank you, UF Law Center for Career Development From: 51mm To: Subject: RE: ?nancial disclosure Date: Wednesday, January 28, 2015 9:00:25 PM Dawn, All specified state employees are required to file a statement of financial interests (CE FORM 1) within 30 days from the date their employment begins, no later than July 1 of each year, and within 60 days after leaving employment. Section F.S., defines ?specified state employee? as: ?Any person employed in the Office of the Governor. . ., except persons employed in clerical, secretarial, or similar positions.? in addition to an employee?s actual title, a functional analysis of the employee?s duties must also be done to determine whether or not they are required to file. We can discuss this in relation to the two employees below, and it may also be advisable to contact the Commission on Ethics staff for guidance if it is unclear. Ben Gibson Assistant General Counsel Executive Office of the Governor (850) 717-9310 From: Hanson, Dawn Sent: Wednesday, January 28, 2015 10:20 AM To: Gibson, Ben Subject: ?nancial disclosure Ben, i recently reviewed our list of who, in the EOG, is required to submit a financial disclosure. Most everyone in the E06 is required except for those whosejob duties are clerical in nature. Currently, Taylor Nash and Priscilla Ivasco positions are not required to file but I'm wondering if they should be included on the list of filers. Any thoughts? Dawn Hanson Director of Administration Executive Of?ce of the Governor (850) 717-9210 I. '5 War]!ng TODAY me: am To: MM Cc: 333481.113 Subject: Re: UF Law OCI Date: Thursday, January 29, 2015 9:39:09 AM Thank you for your quick turnaround on this! Ben Gibson On Jan 29, 2015, at 9:32 AM, Criner, Caitlyn Wrote: Thanks Ben! We have the position posted and will send you the documents tomorrow so that you will have time to review them. Caitlyn From: Gibson, Ben Sent: Wednesday, January 28, 2015 5:28 PM To: Criner, Caitlyn Cc: Bax, Laura Subject: RE: UF Law OCI Thank you Caitlyn. submitted the form and look forward to responses. Ben Gibson Assistant General Counsel Executive Office of the Governor (850) 717-9310 From: Criner, Caitlyn Sent: Wednesday, January 28, 2015 4:48 PM To: Gibson, Ben Subject: UF Law OCI Hi Mr. Gibson, Thank you for speaking with me we look forward to having you next Friday! Here is the we discussed. Please let me know if you have any questions! Thank you, Caitlyn Criner Program Assistant Center for Career Development University of Florida Levin College of Law 147 Bruton-Geer Hall Gainesville, Florida 32611 Phone: 352~273-0860 Email: We value your feedback on our services. Please click here. Note: This communication may contain information that is legally exempt from disclosure. ifyau are no; the intended recipient, pieose note that any dissemination, distribution or copying of this common icatian is stricth prohibited. Anyone who receives this message in error should notify the sender immediater by telephone, or by return email and delete the message from their computer. For the University ofFiorido Privacy Statement, see . Under Fiarida low, email addresses are pubiic records. if'yau do not want your email address reieased in response to a public records request. do not send eiectranic mail to the University. instead. contact the specific office or individuai by phone or in writing. From: Qanea?ai?xn To: alum Subject: UF Law OCI Date: Wednesday, January 28, 2015 4:48:01 PM Hi Mr. Gibson, Thank you for speaking with me we look forward to having you next Friday! Here is the {El we discussed. Please let me know if you have any questions! Thank you, Caitlyn Criner Program Assistant Center for Career Development University of Florida Levin College of Law 147 Bruton-Geer Hall Gainesville, Florida 32611 Phone: 352-273-0860 Email: We value your feedback on our services. Please click here. UP The Foundation Tin' Ct} tar Nation Note: This communication may contain information that is legally exempt from disclosure. If you are not the intended recipient, pleaSe note that any dissemination, distribution or copying of this communicatiOn is strictly prohibited. Anyone who receives this message in error should notify the sender by telephone. or by return email and delete the message from their computer. For the University of Florida Privacy Statement, see httn-[gprivagy a?edngininrma?'?gg?'mguhtml. Under Florida law, email addresses are public records. if you do not want your email address released in response to a public records request, do not Send electronic mail to the University. instead, contact the speci?c of?ce or individual by phone or in writing. From: WI To: Em Subject: FW: Analysis Review Date: Wednesday, January 28, 2015 4:33:09 PM Attachments: Please call ext. 9516 to discuss. From: Hooker, John Sent: Wednesday, January 28, 2015 4:32 PM To: Emmanuel, Christopher Subject: FW: Bill Analysis Review Chris please see attached for the unnumbered bill analysis from DMS. This is the one we just discussed. They are getting pressured from the legislature on this, I am told. Thanks-John From: Schwarz, Cody Sent: Wednesday, January 28, 2015 9:33 AM To: Gelin, Brea; Snider, Roary; Bell?ower, Kate; Hooker, John; Milnes, Michael Cc: Williams, Marlene Subject: Bill Analysis Review Good morning, Attached find a bill analysis for review/approval. Let me know if you have any questions. Thank you, Cody Schwarz Deputy Director of Legislative Affairs Office of the Secretary Florida Department of Management Services Tallahassee, Florida 32399?0950 (850) 922-6535 (850) 694?3399 ?gdy?ch?a rz@dms,MyElQrida,ng "We Serve Those Who Serve Florida" 2015 LEGISLATIVE BILL ANALYSIS DEPARTMENT OF MANAGEMENT SERVICES (DMS) BILL INFORMATION BILL NUMBER: BILL TITLE: State Employment BILL SPONSOR: Senator EFFECTIVE DATE: July 1, 2015 1) 2) 3) SIMILAR BILLS BILL NUMBER: 4) SPONSOR: 5) IDENTICAL BILLS PREVIOUS LEGISLATION BILL NUMBER: BILL NUMBER: SPONSOR: SPONSOR: YEAR. IS THIS BILL PART OF AN AGENCY LAST ACTION: No BILL ANALYSIS INFORMATION DATE OF ANALYSIS: January 28. 2015 LEAD AGENCY ANALYST: Marlene Williams, Legislative Affairs Director, (850) 488?6285 Sharon D. Larson, Director, Division of Human Resource Management (850) 413-8725 DIVISION Libby Farmer, Workforce Strategic Planning. Research and Operations Manager, (850) 921-7931 Marian Deadwiley, Human Resource Consultant, (850) 488-3923 LEGAL ANALYST: Jim Parry, Assistant General Counsel, (850) 414-7646 FISCAL ANALYST: Edgar Gonesh, Senior Management Analyst II, (850) 410-0205 2015 DMS Bill Analysis POLICY ANALYSIS 1. ELECUTIVE SUMMARY The proposed bill titled ?State Employment? amends two sections of Chapter 1 10, Florida statutes it amends section 110.107, F.S., titled De?nitions; and section 110.112, F.S., titled Af?rrnative Action; equal employment opportunity. The proposed bill revises and reorders the de?nitions and de?nes the term ?individual who has a disability?; revises the state's equal employment opportunity policy to include individuals who have a disability; revises the required content of the Department of Management Services? (hereinafter referred to as the "Department") Annual Workforce Report; and requires that each executive agency develop a plan regarding the employment of women, minorities and individuals who have a disability and annually report to the department measureable progress toward af?rmative action goals to include increasing employment among women, minorities and individuals who have a disability. The pr0posed bill further requires that the department develop and implement certain programs geared toward individuals who have a disability; develop training programs; regularly report to the Governor and Legislature regarding agency progress in implementing plans; compile and post data on a website regarding the hiring practices of state agencies relative to the individuals who have a disability; assist state agencies in identifying strategies to retain employees who have a disability; and adopt rules relating to forms that provide for the voluntary self- identi?cation of individuals with a disability who are employed by a state agency. This analysis only relates to its effects within the State Personnel System (SPS) which means the employment system comprised of positions in the Career Service, Selected Exempt Service, or Senior Management Service within all agencies. As such, this analysis does not apply to the State University System. the Florida Lottery, the Legislature. the Justice Administration System, or the State Courts System. 2. SUBSTANTIVE BILL ANALYSIS 1. PRESENT SITUATION: Section 110.112, F.S, directs that the policy of the state is to assure equal employment opportunity through programs of af?rmative and positive action that will allow full utilization of minorities and women. Each executive agency must develop and implement an af?rmative action plan by establishing annual goals for ensuring full utilization of groups underrepresented in its workforce as compared to the relevant labor market. Additionally, the head of each executive agency must appoint an Equal Employment Opportunity Of?cer whose responsibilities include determining annual goals, monitoring agency compliance, and providing consultation to managers regarding progress, de?ciencies and appropriate corrective action. Currently section 110.107, F.S. does not provide a de?nition of an "individual who has a disability,? nor does section 110.112, F.S., address equal employment opportunity and af?nnative action for this group. Section 110.112, F.S. also requires that the department adopt rules on the implementation of af?rmative action plans; report information in its Annual Workforce Report relating to the implementation, continuance, updating and results of each executive agency?s af?nnative action plan for the previous ?scal year; and conduct training in the principles of equal employment opportunity and af?rmative action, the deveIOpment and implementation of af?nnative action plans and the establishment of af?nnative action goals. 2. EFFECT OF THE BILL: The proposed bill broadens the state's equal employment opportunity policy of ensuring the full utilization of minorities and women to include an ?individual who has a disability.? This includes requiring executive agencies to develop a plan for the employment of those with a disability and to annually report its measurable progress toward meeting af?nnative action goals and increasing employment of women, minorities and individuals who have a disability. Additionally. the proposed bill provides a de?nition for "individual who has a disability? that mirrors the federal de?nition under the Americans with Disabilities Act (ADA) with the exception of one phrase, the federal term "mental impairment" is replaced with ?intellectual impairment." The Equal Employment Opportunity Commission (EEOC) has issued the following regulatory (29 C.F.R. de?nition under the Americans with Disability Act that de?nes ?mental impairment? as any mental or disorder, such as an intellectual disability (formerly termed ?mental retardation"), organic brain emotional or mental illness and speci?c learning disabilities. EEOC has also issued guidance de?ning ?intellectual impairment" as characterized by signi?cant limitations both in 2015 DMS Bill Analysis intellectual functioning and in adaptive behavior self-care. communication, SOCial skills. functional academics, etc.) that affect many everyday social and practical skills. Therefore. using ?intellectual impairment? instead of "mental impairment? limits the scope of those individuals with a disability covered by the provisions of this bill, The pr0posed bill also requires agencies to set annual goals for women. minorities and individuals who have a disability as compared to the relevant labor market. Currently agencies set goals for women and minorities based on their availability in the labor market using data from the Equal Employment Opportunity (EEO) Tabulation (developed using the American Community Survey estimates), which is published by the US. Census Bureau, The EEO Tabulation provides detailed occupational statistics by race. ethnicity and sex in the labor force by location-based geography. The state?s data center. the Department of Economic Opportunity. reports that data for individuals who have a disability is not available at the occupational level, unlike the available labor market data provided in the EEO Tabulation ?le. Rather, data is only available in broad categories (employed/unemployed. full-timelless than full-time). Therefore, agencies would be unable to establish numerical goals based on the relevant labor market, since this data does not exist. However. measurable program goals can be established to ensure equal employment opportunity is provided to individuals who have a disability. The bill also adds signi?cant program responsibilities for the department. They include the following: 1. A requirement that the department, in conjunction with four other state entities. develop and implement programs that incorporate internships, mentoring, on-the-job training. unpaid work experience. situational assessments. and other innovative strategies geared toward individuals who have a disability. To implement the provisions of this section, the department would need staff dedicated to assist in organizing and managing interagency activities and, once determinations have been made as to needs. to execute the required programs. 2. A requirement that the department add data to its Annual Workforce Report relating to the employment levels of women. minorities and individuals who have a disability. The department already provides data on women and minorities in its report; therefore, the scope of the required reporting would be expanded to included individuals who have a disability. 3. A requirement that the department report semiannual data to the Governor. President of the Senate and Speaker of the House of Representatives on the progress of state agencies in implementing their af?nnative action plans. The department already reports data as of June 30 in the Annual Workforce Report; therefore. this requirement would result in a second and separate reporting event each year. The value of a second report within one annual period needs to be considered. 4. A requirement that the department develop a mandatory training program by October 1, 2015, for human resource professionals and hiring managers which supports employment of individuals who have a disability. The timeframe expressed in the bill will be extremely dif?cult to meet, even with additional resources. With proper resources, an alternative date of January 1, 2016. would be feasible. 5. A requirement that the department assist state agencies in identifying and implementing strategies for retaining employees who have a disability. These strategies include, but are not limited to. training programs, funding reasonable accommodations. increasing access to appropriate technologies. and ensuring accessibility of physical and virtual workplaces. Effective implementation of such strategies requires staf?ng with the requisite expertise in these areas. Additionally, the bill does not address the funding source for implementing these strategies. 6. A requirement that the department assist state agencies in the implementation of agency-speci?c plans which are required to be developed by January 1. 2016. Agencies currently develop their affirmative action plans on a ?scal year basis. July 1 June 30. The January 131 plan start date would mean the agencies will be required to maintain two separate plans. one for women and minorities and one for individuals who have a disability. A of the plan period to the state?s ?scal year would be administratively advantageous. The department currently provides consultative services to the executive agencies on the development and implementation of their af?rmative action plans for women and minorities. in addition to providing a guide to aid them in plan development. However. the department would need to develop additional guidance on the development of plans for individuals with a disability. 7. A requirement that the department develop a rule relating to forms that provides for the voluntary self- identi?cation of individuals with a disability who are employed by a state agency. Currently no such forms or procedures exist to accomplish self?identification. Because rulemaking under section F.S.. requires approval by the Administration Commission, additional time beyond the normal rule promulgation 2015 OMS Bill Analysis timelines would be necessary. Furthermore, the bill requires the department to compile data on hiring practices of state agencies regarding individuals who have a disability and make the data available on the department's website. These changes in the law will require that People First, the human resource information system, be enhanced to add an ?individual who has a disability? indicator to the EEONeterans' Preference Screen for current employees to voluntarily self-identify, as well as the data warehouse to capture the data and run requisite reports. Additionally. this requires that the State of Florida on-line job application system be revised to allow applicants to voluntarily self-identify as an individual who has a disability and for such the information to be made available in the Performance Talent Management system for applicant reporting purposes (to be used solely for analysis of an agency's af?nnative action program). The information provided by an applicant related to having a disability would be programmed to be excluded from the application received by the hiring manager. For all occurrences, the data could be generated in reports for agencies that use the People First System for human resource management. The People First Team reports that implementation of these system changes are possible; however, consultation with NorthgateArinso, Inc., the contract vendor, will have to be scheduled in order to negotiate the actual time frame and cost of implementing this change. Therefore, at this time a system cost is expected, but not yet determined. The timeline for rulemaking and system enhancements would impact the agencies' ability to implement provisions for progress reporting and provide data on current employment levels for persons with a disability within the timeframes designated in the bill. The department's Division of Human Resource Management only has 15 FTEs, two of which are fully dedicated to collective bargaining. At least two additional full-time positions will be needed for the department to accomplish all the on-going responsibilities created by this bill, as described above. Finally, the department has identi?ed the following two drafting concerns: First, in the revised de?nition of Broadband level, one of the modi?cations made to the language changed the intended meaning of the term. Under the Additional Comments section of this bill analysis. the department has made a suggested modi?cation to correct the revision and a second option to provide additional clarity. Second, current statutory language addresses af?rmative action planning by ?executive agencies." which are those entities of the State Personnel System. The SPS includes 30 executive branch entities and one legislative entity (Public Service Commission). However, the language within the proposed bill uses "executive agency? and ?state agency? interchangeably. As de?ned in section 110.107, F.S., "state agency" includes both executive and judicial branch entities. The department has no authority over the judicial branch in regard to their employment policies; therefore, clari?cation as to the entities intended to be covered by this bill would be needed. 8. DOES THE LEGISLATION DIRECT OR ALLOW THE TO DEVELOP, ADOPT, OR ELIMINATE RULES, REGULATIONS, POLICIES. OR If yes. explain: Section 2. Lines 242-244 provides rule making authority: ?The department shall adopt rules relating to forms that provide for the voluntary self- identi?cation of individuals who have a disability who are employed by a state agency? What is the expected impact to the agency's core mission? Rulels) impacted (provide Rule SOL-33.007, Florida Administrative Code references to 9. WHAT IS THE POSITION 0F AFFECTED CITIZENS OR STAKEHOLDER List any known proponents Unknown and opponents Provide a summary of the proponents' and opponents? 2015 DMS Bill Analysis I positions 10. ARE THERE ANY REPORTS OR STUDIES REQUIRED BY THIS If yes. provide a Yes. the bill also requires the department to add data to its Annual Workforce description: Report relating the employment levels of women. minorities and individuals who have a disability. Also, the department is required to report semiannual data to the Governor. President of the Senate and Speaker of the House of Representatives on the progress of state agencies in implementing their af?rmative action plans. Further, the bill requires the department to compile data regarding hiring practices of state agencies regarding individuals who have a disability and make the data available on the department?s website. Due Date: Annually for the Annual Workforce Report data; Semi-annually for the report to the Governor and Legislature; No due date was provided for the website data. Bill Section Number(s): Section 2: 110.112 Lines 197-200; Lines 227-232; and Lines 233-235 11. DOES THE LEGISLATION REQUIRE ANY GUBERNATORIAL APPOINTMENTS OR CHANGES TO EXISTING BOARDS, TASK FORCES. COUNCILS, COMMISSION, ETC.I REQUIRED BY THIS Board: No Board Purpose: Appointing Body: No Appointee Term: Changes: Bill Section Number(s): FISCAL ANALYSIS 1. WHAT IS THE FISCAL IMPACT TO LOCAL Revenues: None Expenditures: None Does the legislation No increase local taxes or fees? If yes, does the legislation provide for a local referendum or local governing body public vote prior to implementation of the tax or fee increase? 2. WHAT IS THE FISCAL IMPACT TO STATE Revenues: None Expenditures: These changes in the law will require that People First, the human resource information system, be enhanced to add an "Individual who has a disability? indicator to the EEONeterans' Preference Screen for current employees to voluntarily self-identify, as well as the data warehouse to capture the data and run requisite reports. Additionally, this requires that the State of Florida on-line job application system be revised to allow applicants to voluntarily self-identify as an individual who has a disability and for such the information to be made available in the Performance Talent Management system for applicant 2015 DMS Bill Analysis reporting purposes (to be used solely for analysis of an agency's af?rmative action program). The information provided by an applicant related to having a disability would be programmed to be excluded from the appncation received by the hiring manager. For all occurrences. the data could be generated in reports for agencies that use the People First System for human resource management. The People First Team reports that implementation of these system changes are possible; however, consultation with NorthgateArinso, Inc., the contract vendor, will have to be scheduled in order to negotiate the actual time frame and cost of implementing this change, Therefore, at this time a system cost is expected, but not yet determined_ Additionally, at least two full-time equivalent positions would be required to enable the department to ful?ll these new responsibilities. Two Positions. both classi?ed as follows: Class Title: Human Resource Consultant SES Class Code: 1024 Broadband Level: 13-1079-4 Base Rate: $46,381 Bene?ts: $16,799 (Based on a bene?ts rate of 36.22 percent) Expense Package: $10,048 with $3,882 as nonrecurring costs (This represents the standards outlined in the FY 2015-16 Legislative Budget Request Cost: Total per position $73,228 Total for both positions $146,456 Does the legislation contain Unknown an appropriation for state government? if yes, was this appropriated last year? 3. WHAT IS THE FISCAL IMPACT TO THE PRIVATE Revenues: None Expenditures: None Other: 4. DOES THE BILL INCREASE OR DECREASE TAXES, FEES, OR Does the bill increase No taxes, fees or ?nes? Does the bill decrease No taxes, fees or ?nes? What is the impact of the increase or decrease? Bill Section Number: 2015 DMS Bill Analysis TECHNOLOGY IMPACT Does the legislation impact Yes the agency?s technology systems IT support. licensing software. data storage, etc.)? If yes, describe the These changes in the law will require that People First, the human resource anticipated impact to the information system, be enhanced to add an "Individual who has a disability? agency, including any ?scal indicator to the EEONeterans' Preference Screen for current employees to impact. voluntarily self-identify. as well as the data warehouse to capture the data and run requisite reports. Additionally, this requires that the State of Florida on-line job application system be revised to allow applicants to voluntarily self-identify as an individual who has a disability and for such the information to be made available in the Performance 8: Talent Management system for applicant reporting purposes (to be used solely for analysis of an agency?s af?rrnative action program). The information provided by an applicant related to having a disability would be programmed to be excluded from the application received by the hiring manager. For all occurrences, the data could be generated in reports for agencies that use the People First System for human resource management. The People First Team reports that implementation of these system changes are possible; however, consultation with NorthgateArinso, Inc., the contract vendor, will have to be scheduled in order to negotiate the actual time frame and cost of implementing this change. Therefore. at this time a system cost is expected, but not yet determined. - FEDERAL IMPACT Does the legislation have a No federal impact federal compliance, federal funding, federal agency involvement, etc)? If yes, describe the anticipated impact, including any ?scal impact. ADDITIONAL COMMENTS Given the scope of the reSponsibilities assigned to the department under this bill, the dates identi?ed in the bill are too compressed to allow suf?cient time to accomplish the development and implementation of the speci?ed programs, development and delivery of the required training, and the provision of assistance to the agencies for implementation of their plans. It is recommended that the October 1, 2015, date be changed to January 1, 2016, to allow time for completion of the required tasks and that the January 1, 2016 date be changed to July 1, 2016, to coincide with the current ?scal year af?rmative action plan implementation schedule used by executive agencies. Also, the word "have" needs to be added to the end of line 243. Current statutory language addresses af?nnative action planning by ?executive agencies," which are those entities of the State Personnel System. The SPS includes 30 executive branch entities and one legislative entity (Public Service Commission). However, the language within the proposed bill uses "executive agency? and "state agency? interchangeably. As defined in section 110.107, F.S., "state agency? includes both executive and judicial branch entities. The department has no authority over the judicial branch in regard to their employment policies; therefore, 2015 DMS Bill Analysis clari?cation as to the entities intended to be covered by this bill would be needed (Lines 15, 21, 23, 222. 224, 227, 234, 236, 244, and 247). The de?nition of Broadband level was modi?ed in the bill, changing the meaning of the term. To correct the change in question we offer the following suggestion highlighted in the ?rst paragraph below: (3194-) "Broadband level? means all positions which are suf?ciently similar in knowledge, skills, and abilitiesg?; kind or subject matter of wormmT level of dif?culty or level of responsibilities; and ?y quali?cation requirements of the work so as to warrant the same treatment with respect as to title, pay band. and other personnel transactions. However, to provide further clarity as to how the de?nition is actually applied, we would suggest a correction to the language to read as follows: (2)949 ?Broadband level? means - the degree of dif?culty of the duties and er responsibilities; and quali?cation requirements of the work within an occupation whigllte?warrant MM within an occupation to be treated the same treatment?as to title7 pay LEGAL REVIEW A. Does the proposed legislation con?ict with existing federal law or and recommended action: regulations? If so, what laws and/or regulations? No B. Does the preposed legislation raise signi?cant constitutional concerns under the US. or Florida Constitutions separation of powers, access to the courts, equal protection, free speech, establishment clause, or impairment of contracts)? No C. Is the proposed legislation likely to generate litigation and, if so, from what interest groups or parties? The additional responsibilities placed on the department and agencies by this legislation, including data related to the required af?rmative action programs, will likely be of interest to individuals and groups advocating for greater employment opportunities for those with a disability. Given that the legislation does not contain a provision for enforcement of these new requirements, it would appear that the only signi?cant impact of the legislation on litigation would be to provide additional data that could possibly be used to support litigation under the ADA and related statutes. D. Other: From: T0: SW Subject: FW: resume Date- Wednesday, January 28, 2015 4:10:51 PM Attachments: Williams Danielle M. Roth 2213 Orleans Drive Tallahassee, FL 32308 813-453-7799 danielleroth85@gmail.com Bar Membership: Passed July 2011 Florida Bar Examination. Sworn in September 26, 201 1. Education: Florida International University, Juris Doctorate, May 2011 Honors: Dean?s List, four semesters; Book Award: Florida Constitutional Law. Activities: 0 Guardian ad Litem volunteer, July 2009 to June 20] 0 Certi?ed Legal Intern for FlU?s Legal Clinic with the Education Advocacy Program, spring 201 0 Legal Guardian of my teenage sister, June 2009 to June 2011 0 Class note taker for students with disabilities, four semesters Florida State University, BA. May 2007 Honors: Summa cum Laude; Dean?s List; President?s List. Activities: 0 Mission trip to Africa, summer 2007: Served at an orphanage in inja, Uganda as caregiver for toddlers 0 Mission trip to Nicaragua, August 2006: Served at a school in Managua, Nicaragua by building sidewalks and teaching the children English 0 New City Fellowship Church, Chattanooga, TN, July 2006: Served as one of the camp counselors for approximately seventy inner-city kids a Big Brother Big Sister volunteer, 2006: Mentor for a 5th grade girl 0 Collegiate volleyball, freshman and sophomore year Experience: Department of Highway Safety and Motor Vehicles Of?ce of the General Counsel, Tallahassee, FL June 2014 Present, Assistant General Counsel Florida Highway Patrol Legal Advisor, Troop and Represent Florida Highway Patrol in seizure/forfeiture proceedings, Troop Represent the Department in title proceedings statewide Represent the Department in dealer licensing proceedings, statewide Draft legal opinions for the Department Represent Florida Highway Patrol in commercial motor vehicle proceedings, Troop I Activities: 0 Legal Aid Foundation, Inc, Thunderdome Class 1: Family Law Pro Bono Work 0 Member of Florida Association of Police Attorneys Department of Children and Families Children?s Legal Services, St. Augustine, FL September 2013 May 2014, Circuit 7 Senior Attorney 0 Draft motions, orders, and other pleadings Shelter, arraignment, pretrial, judicial review, permanency, and evidentiary hearings - Adjudication of dependency and termination of parental rights trials 0 Prepping of witnesses at Depositions 0 Work with Child Protective Investigators in making determination of probable cause 0 Work with service providers and case managers to determine manifest best interest of children throughout legal proceedings Activities: 0 High school girls Bible study leader The Law Of?ces of John F. Tolson, Jr., Orange Park, FL July 2012 September 2013, Associate Attorney 0 Preparation of Estate Planning documents I Represent clients in Guardianship hearings 0 Handle Real Estate Closings 0 Represent the Estate in Probate hearings Activities: 0 Member of the Clay County Bar Association Guardian ad Litem Program, Green Cove Springs, FL January 2012 May 2012, Program Attorney; via Fellowship 0 Draft and ?le pleadings and orders Prepare and draft discovery 0 Litigate cases 0 Staff cases with Children?s Legal Services Attorneys, case managers, and Guardian ad Litem volunteers and volunteer supervisors Activities: 0 Middle school girls Bible study leader Corcoran and Johnston Government Relations, Tallahassee, FL October 2007 July 2008, Administrative Assistant 0 Assistant to Michael and Jessica Corcoran From: To: Me Subject: FW: analyses for 268 and 248 Date: Wednesday, January 28, 2015 3:41:42 PM Attachments: Ben, Need 30 seconds to discuss the last page. Thanks. Chris From: Hooker, John Sent: Monday, January 26, 2015 5:03 PM To: Emmanuel, Christopher Subject: FW: analyses for 268 and 248 Chris see attached agency bill analyses for: SB 268 SB 248 Thanks, John 2015 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION LEGISLATIVE BILL ANALYSIS BILL INFORMATION BILL NUMBER: SB 248 BILL TITLE: Law Enforcement Activities BILL SPONSOR: Sen. Smith EFFECTIVE DATE: 1/1/16 COMMITTEES OF REFERENCE CURRENT COMMITTEE Criminal Justice NIA 2) Community Affairs gagiiropriations Subcommittee on Criminal and Civil SIMILAR BILLS 4) Appropriations BILL NUMBER: HB 57 (similar) 5) SPONSOR: Rep. Jones IDENTICAL BILLS PREVIOUS I BILL NUMBER: BILL NUMBER: SPONSOR: SPONSOR: YEAR: ls part of an agency package? LAST ACTION: BILL ANALYSIS INFORMATION DATE OF ANALYSIS: January 23. 2015 LEAD AGENCY ANALYST: Thomas R. Philpot, Director Division of Alcoholic Beverages and Tobacco (850) 413-7973 ADDITIONAL Debi Winters, Division of Alcoholic Beverages and Tobacco (850) 717-1113 Tom Coker, Technology Becky Ajhar, DSO Jamie Royal, OGC-Rules LEGAL ANALYST: Michael W. Ross. Chief Attorney Michael Martinez, Deputy General Counsel FISCAL ANALYST: Raleigh Close, AFM 2015 Agency Bill Analysis POLICY ANALYSIS EXECUTIVE SUMMARY The bill requires all law enforcement of?cers who are primarily assigned to patro duties to be equipped with a body camera to record activities that take place during motor vehicle stops or other law enforcement actions taken during the course of their of?cial duties. 2. SUBSTANTIVE BILL ANALYSIS 1. PRESENT SITUATION: Law enforcement of?cers within the Division of Alcoholic Beverages and Tobacco are not required to wear body cameras during the course of carrying out their of?cial duties. The division does not currently own or maintain body camera equipment for law enforcement of?cers. Section 943.02. F.S., does not provide a de?nition for uniformed law enforcement of?cer or patrol duties. EFFECT OF THE BILL: The bill de?nes ?body camera" as a device that is worn by a law enforcement of?cer. which electronically records audio and video of his or her activities. The bill requires every uniformed law enforcement of?cer in this state who is primarily assigned to patrol duties to be equipped with a body camera while performing such duties. The camera must be used by the of?cer to record activities that take place during motor vehicle stops or other law enforcement actions taken during the course of his or her of?cial duties. Law enforcement special agents within the Division of Alcoholic Beverages and Tobacco do not make routine traf?c stops in the performance of their duties. However. the special agents do perform investigative functions that are speci?cally focused on identifying and stopping the illegal use and/or distribution and sale of alcoholic beverages and tobacco products. These functions include participation in complex and undercover operations related to the investigation of any alleged criminal activity occurring on a premise licensed by the division. In their role of enforcing the state's Beverage Law. the division?s special agents do assist local law enforcement throughout the state during special events. spring break, proms. football games, graduations, etc., in order to minimize underage drinking. When providing this type of assistance to local law enforcement. the primary assignment for the division's special agents is frequently to "patrol" the event and look for violations of the Beverage Law. In addition. they also participate in road blocks (or traf?c stops) with local law enforcement of?cers at some of the special events. Since the division's law enforcement special agents are "primarily assigned to patrol duties" at special local events, clari?cation is needed to con?rm whether the bill's language is intended to require the division's agents to wear the body cameras. DOES THE LEGISLATION DIRECT OR ALLOW THE AG TO DEVELOP, ADOPT, OR ELIMINATE RULES, REGULATIONS, POLICIES. OR If yes, explain: No What is the expected impact to the agency's core mission? None anticipated Rule(s) impacted (provide references to F.A.C., etc): None 4. WHAT IS THE POSITION OF AFFECTED CITIZENS OR STAKEHOLDER List any known proponents and opponents: To date, the division has not been contacted by proponents or opponents of the legislation with any stated positions. Provide a summary of the proponents? and opponents' To date, the division has not been contacted by proponents or opponents of the legislation with any stated positions. 2015 Agency Bill Analysis positions: 5. ARE THERE ANY REPORTS OR STUDIES REQUIRED BY THIS If yes. provide a No descnp?on: Date Due: NIA Bill Section Number: 6. ARE THERE ANY GUBERNATORIAL APPOINTMENTS OR CHANGES TO EXISTING BOARDS, TASK FORCES, COUNCILS, COMMISSION, ETC. REQURIED BY THIS Board: No Board Purpose: NIA Who Appointments: NIA Appointee Term: NIA Changes: NIA Bill Section Number(s): NIA FISCAL ANALYSIS 1 . WHAT IS THE FISCAL IMPACT TO LOCAL Revenues: None anticipated Expenditures: it is unknown how many local law enforcement of?cers are assigned primarily to patrol based on the bill language as ?led. However, for each officer that is required to wear the body camera, the cost will include a one-time expenditure of $399 for the purchase of the camera and recurring annual expenditure of $948 for support, maintenance, and video storage. provide for a local referendum or local governing body public vote prior to implementation of the tax or fee increase? Does the legislation No increase local taxes or fees? If yes, does the legislation 2. WHAT IS THE FISCAL IMPACT TO STATE Revenues: None anticipated Expenditures: The total cost to equip the division's law enforcement of?cers with body cameras would be $148,170 ($104,280 recurring and $43,890 non-recurring) Does the legislation contain a State Government 2015 Agency Bill Analysis appropriation? No If yes, was this NIA appropriated last year? 3. WHAT IS THE FISCAL IMPACT TO THE PRIVATE Revenues: Sales of body cameras are expected to increase. The amount of revenue to body camera manufacturers and retailers is indeterminate due to the unknown number of local law enforcement of?cers that do not now use body cameras that will be required to use them under this bill. Expenditures: None anticipated Other: None anticipated 4. DOES THE BILL INCREASE OR DECREASE TAXES, FEES, OR Does the bill increase No taxes, fees or ?nes? Does the bill decrease No taxes, fees or ?nes? What is the impact of the increase or decrease? Bill Section Number: TECHNOLOGYIMPACT Does the legislation impact No the agency's technology systems IT support, licensing software, data storage, etc)? If yes, describe the NIA anticipated impact to the agency including any ?scal impact. FEDERALIMPACT Does the legislation have a No federal impact federal compliance, federal funding, federal agency involvement, etc)? If yes, describe the MA anticipated impact including any ?scal impact. 080: The DSO reviewed the bill and reported no impacts from the bill language as ?led. 2015 Agency Bill Analysis Fiscal: The division has 110 sworn law enforcement of?cers who perform patrol duties during special events. ?these law enforcement of?cers are required to wear body cameras. the non-recurring cost for purchasing body cameras is estimated to be $43,890 (110 of?cers $399 per camera $43,890). The recurring annual support and maintenance' which includes video storage, is estimated to be $104,280 ($948 maintenance costs 110 cameras). These costs assume a ?ve year contract for the purchase and maintenance of the cameras. LEGAL - GENERAL OFFICE REVIEW OGC-Rules: ?Patrol duties" is unde?ned. and recommended action: . OGC same as above. From: 51mm To: Subject: RE: resume Date: Wednesday, January 28, 2015 3:13:54 PM Thanks Danielle! From: Danielle Roth Sent: Tuesday, January 27, 2015 10:09 PM To: Gibson, Ben Subject: resume Hi Ben: This is Danielle from fellowship group. I wanted to go ahead and give you my resume in case you heard of any job Openings. Thanks so much Ben! - Danielle From: MW To: slum; 591mm Subject: RE: Board of Trustee Meeting/Agenda Notice Date: Wednesday, January 28, 2015 10:39:50 AM Thanks, Ben! Brandi Young Budget Chief Executive Office of the Governor Of?ce of Policy Budget - Education Unit (850) 717-9507 @ltsWorkingl?l. 3' . Uri-'21 What?s . From: Gibson, Ben Sent: Tuesday, January 27, 2015 1:04 PM To: Spicola, Ashley; Young, Brandi Subject: FW: Board of Trustee Meeting/Agenda Notice FYI From: Shirley, Vikki Sent: Tuesday, January 27, 2015 12:45 PM To: Gibson, Ben Cc: ORourke, Carrie; Fargason, Renee Subject: Board of Trustee Meeting/Agenda Notice Hi Ben, Pursuant to our discussion, attached is a summary of the timeframes utilized by each university for posting notices and agendas of their trustee meetings. We have not heard back from UF yet. Let me know if you have any questions. Vikki Vikki R. Shirley General Counsel State University System of Florida Board of Governors 325 W. Gaines Street, Suite 1614 Tallahassee, FL 32399-0400 (850) 245?0430/ Fax: (850) 245-9685 [We UNIVE 32$! SYSTEM 9] FLORIDA . [1:103:- Suva-raw; From: To: Subject: ?nancial disclosure Date: Wednsday, January 28, 2015 10:20:30 AM Ben, I recently reviewed our list of who, in the ECG, is required to submit a financial disclosure. Most everyone in the E06 is required except for those whose job duties are clerical in nature. Currently, Taylor Nash and Priscilla lvasco positions are not required to file but I?m wondering if they should be included on the list of filers. Any thoughts? Dawn Hanson Director of Administration Executive Of?ce of the Governor (850) 717-9210 1 'What?: a Writing roan! a. From: WEI To: Elm Subject: resume Date: Tuesday, January 27, 2015 10:08:36 PM Attachments: Hi Ben: This is Danielle from fellowship group. I wanted to go ahead and give you my resume in case you heard of any job openings. Thanks so much Ben! - Danielle Danielle M. Roth 2213 Orleans Drive Tallahassee, FL 32308 813-453-7799 danielleroth85@gmail.com Bar Membership: Passed July 201 1 Florida Bar Examination. Sworn in September 26, 2011. Education: Florida International University, Juris Doctorate, May 2011 Honors: Dean?s List, four semesters; Book Award: Florida Constitutional Law. Activities: 0 Guardian ad Litem volunteer, July 2009 to June 2011 0 Certi?ed Legal Intern for Legal Clinic with the Education Advocacy Program, Spring 20] 1 0 Legal Guardian of my teenage sister, June 2009 to June 2011 0 Class note taker for students with disabilities, four semesters Florida State University, BA. May 2007 Honors: Summa cum Laude; Dean?s List; President?s List. Activities: 0 Mission trip to Africa, summer 2007: Served at an orphanage in Jinja, Uganda as caregiver for toddlers 0 Mission trip to Nicaragua, August 2006: Served at a school in Managua, Nicaragua by building sidewalks and teaching the children English 0 New City Fellowship Church, Chattanooga, TN, July 2006: Served as one of the camp counselors for approximately seventy inner-city kids 0 Big Brother Big Sister volunteer, 2006: Mentor for a 51}] grade girl - Collegiate volleyball, freshman and sophomore year Experience: Department of Highway Safety and Motor Vehicles Of?ce of the General Counsel, Tallahassee, FL June 2014 Present, Assistant General Counsel Florida Highway Patrol Legal Advisor, Troop and Represent Florida Highway Patrol in seizure/forfeiture proceedings, Troop Represent the Department in title proceedings statewide Represent the Department in dealer licensing proceedings, statewide Draft legal opinions for the Department Represent Florida Highway Patrol in commercial motor vehicle proceedings, Troop I Activities: 0 Legal Aid Foundation, Inc, Thunderdome Class 1: Family Law Pro Bono Work 0 Member of Florida Association of Police Attorneys Department of Children and Families Children?s Legal Services, St. Augustine, FL September 2013 May 2014, Circuit 7 Senior Attorney 0 Dra? motions, orders, and other pleadings Shelter, arraignment, pretrial, judicial review, permanency, and evidentiary hearings - Adjudication of dependency and termination of parental rights trials 0 Prepping of witnesses Depositions 0 Work with Child Protective Investigators in making determination of probable cause 0 Work with service providers and case managers to determine manifest best interest of children throughout legal proceedings Activities: I High school girls Bible study leader The Law Of?ces of John F. Tolson, Jr., Orange Park, FL July 2012 September 2013, Associate Attorney 0 Preparation of Estate Planning documents 0 Represent clients in Guardianship hearings - Handle Real Estate Closings 0 Represent the Estate in Probate hearings Activities: 0 Member of the Clay County Bar Association Guardian ad Litem Program, Green Cove Springs, FL January 2012 May 2012, Program Attorney; via Fellowship 0 Draft and ?le pleadings and orders 0 Prepare and draft discovery Litigate cases 0 Staff cases with Children?s Legal Services Attorneys, case managers, and Guardian ad Litem volunteers and volunteer supervisors Activities: 0 Middle school girls Bible study leader Corcoran and Johnston Government Relations, Tallahassee, FL October 2007 July 2008, Administrative Assistant 0 Assistant to Michael and Jessica Corcoran From: TO: W: tisstindask; Subject: Daily News Summary - Jan. 27, 2015 Date: Tuesday, January 27, 2015 1:06:13 PM JANUARY 27, 2015 Legislature FLORIDA BILL EXPANDS USE OF MEDICAL MARIJUANA South Florida Sun?Sentinel Article January 26, 2015 A bill filed Monday [Jan. 26] by State Sen. Jeff Brandes, Petersburg, would allow patients with certain medical conditions to obtain marijuana with a doctor's recommendation. The bill also addresses several of the criticisms levied at the unsuccessful constitutional amendment ballot initiative. The Florida House has started to craft its version of the bill, which legislators have said would need to speci?cally name diseases covered by the law. The legislative session begins March 3. The Senate bill, SB 528, would greatly expand on the noneuphoric marijuana law passed last session but still not implemented because of problems determining who would get the five allotted grower licenses. The state hopes to have new rules ironed out by Feb. 4. Also in: - FLORIDA SENATOR FILES MAJOR MEDICAL-MARIJUANA BILL ON WHO CAN GET SUPPLY Miami Herald Article January 26, 2015 Legislature RETAIL GROUP WITHDRAWS LEGAL CHALLENGE TO CRAFT BEER Tampa Tribune Article January 26, 2015 The Florida Retail Federation, a statewide lobbying group, is now backing away from its legal challenge to a loophole in alcoholic beverage law that benefits the state?s craft beer makers. The federation, which represents a range of liquor retailers, is questioning a decades-old law allowing craft breweries to sell beer direct to consumers in on-site tasting rooms. Earlier this month, it ?led a request for an administrative law judge to look into whether the regulators could allow craft brewers to sell their own product under the "tourist exception." The organization said it is withdrawing the challenge because state regulators have voluntarily agreed to revisit the issue. Legal Profession PALM BEACH CIRCUIT RULE WOULD REDEFINE ABANDONED CASES Dally Business Review Article (requires subscription) January 26, 2015 A strategy suggested by Chief Judge Jeffrey Colbath to speed foreclosure cases through Palm Beach Circuit Court could soon apply to most civil cases. Local Rule 9 would consider civil, family, probate and guardianship cases abandoned if not set for a hearing and heard within 90 days. It would expand on an April order, rejected by the Florida Supreme Court Local Rules Advisory Committee, intended to sweep through a backlog of foreclosure cases clogging the court system after the housing crash devastated Florida's real estate market. Foreclosure defense attorney Torn Ice and former Florida Supreme Court Clerk Tom Hall challenged the order that created Palm Beach's foreclosure abandonment rule, arguing the court exceeded its reach. The Supreme Court?s committee agreed, suggesting the order overreached and exceeded the court's judicial authority. Palm Beach County is awaiting a decision from the Supreme Court, which will consider the recommendation. Civil Justice Issues AON REPORT PUTS FLORIDA COMP UNDER THE MICROSCOPE Tampa Bay Business Journal Article 1 January 27, 2015 Aon, a global provider of risk management, focused on Florida for the first time in its Health Care Barometer, a report that explores trends in frequency, severity and overall loss rates related to workers' compensation for about 1,150 health care facilities across the United States. Health care systems in Florida lagged their counterparts nationwide on the dollars spent in 2014 related to workers' compensation claims, according to the report. Nationwide, the health care industry had an annual loss rate of 74 cents per $100 of payroll in 2014, according to Aon. The 2014 annual loss rate in Florida was 67 cents, the report said, adding that Florida loss rates have been increasing at an annual trend of 2 percent since 2011. Civil Justice Issues MIDDLE CLASS GETTING SOUEEZED OUT OF COURTS. SO WHAT IS BEING DONE ABOUT Dailv Business Review I Article (requires subscription) January 26, 2015 Legal Services Corp. held a half-day seminar titled "The Importance of Access to Justice to the Judiciary" Friday [Jan. 23] at the University of Miami School of Law. Panelists included Florida Supreme Court Chief Justice Jorge Labarga; US. District Judge Marcia Cooke in Miami; Richard Leefe of Leefe, Gibbs, Sullivan Dupre in Louisiana; Puerto Rico Supreme Court Chief Justice Liana Fiol Matta; and William Van Norwick Jr., a retired judge from Florida's First District Court of Appeal. The panel was moderated by Harvard law dean Martha Minow. The consensus was that poor and middle-class litigants in Florida are increasingly showing up to court without lawyers, resulting in a signi?cant access-to-justice problem throughout the state. Labarga is hoping the situation will improve now that he launched the Florida Commission on Access to Civil Justice, which met for the first time this month. The Florida Bar 21 FLORIDA LAWYERS WILL RECEIVE PRO BONO AWARDS IN SUPREME COURT CEREMONY JAN. 29 The Florida Bar News Release January 20, 2015 The Florida Bar will recognize 21 lawyers for their work on behalf of poor and indigent clients at a Jan. 29 ceremony at the Supreme Court of Florida. The Florida Bar President?s Pro Bono Service Awards recognize pro bono service in each of Florida's 20 judicial circuits as well as service by one Florida Bar member practicing outside the state of Florida. Among this year's recipients are Lakeland lawyer Sam Crosby and Ocala attorney Richard Perry. Also in: - LAKELAND LAWYER TO BE RECOGNIZED FOR PRO BONO WORK The Ledger Article January 27, 2015 - OCALA ATTORNEY RICHARD PERRY TO BE RECOGNIZED FOR PRO BONO WORK Ocala Star Banner I Article January 27, 2015 From: To: Cc: Subject: RE: Board of Trustee Meeting/Agenda Notice Date: Tuaday, January 27, 2015 1:04:21 PM Thank you Vikki for compiling this information. 1 appreciate it! From: Shirley, Vikki Sent: Tuesday, January 27, 2015 12:45 PM To: Gibson, Ben Cc: ORourke, Carrie; Fargason, Renee Subject: Board of Trustee Meeting/Agenda Notice Hi Ben, Pursuant to our discussion, attached is a summary of the timeframes utilized by each university for posting notices and agendas of their trustee meetings. We have not heard back from UF yet. Let me know if you have any questions. Vikki Vikki R. Shirley General Counsel State University System of Florida Board of Governors 325 W. Gaines Street, Suite 1614 Tallahassee, FL 32399?0400 (850) 245-0430/ Fax: (850) 245-9685 51:41 E. SYSTEM u? (Lil'rt'i I r_ I From: 51mm To: SW mm Subject: FW: Board of Trustee Meeting/Agenda Notice Date: Tuesday, January 27, 2015 1:03:58 PM Attachments: WNW FYI From: Shirley, Vikki Sent: Tuesday, January 27, 2015 12:45 PM To: Gibson, Ben Cc: ORourke, Carrie; Fargason, Renee Subject: Board of Trustee Meeting/Agenda Notice Hi Ben, Pursuant to our discussion, attached is a summary of the timeframes utilized by each university for posting notices and agendas of their trustee meetings. We have not heard back from UF yet. Let me know if you have any questions. Vikki Vikki R. Shirley General Counsel State University System of Florida Board of Governors 325 W. Gaines Street, Suite 1614 Tallahassee, FL 32399?0400 (850) 245-0430/ Fax: (850) 245-9685 SYSTEM tyI-?l 0mm x-J Ho." University Boards of Trustees Meeting Notices 1. Florida Aaia?uual Mechanical Universig - Meetings are posted to the board of trustees (BOT) webpage at least 7 days in advance. a BOT members are provided an agenda 14 days in advance, and associated meeting materials at least 7 days in advance. 0 Agendas are posted to the BOT webpage at least 7 days in advance. 2. HoridaA?antic University 0 The Board approves a calendar of meeting dates for the upcoming year at the last meeting of the year (usually November or December). That schedule is posted as soon as it?s approved. a Meeting notices are posted to the BOT webpage at least 14 days in advance. 0 Background materials are posted 7 days in advance. 3. Florida GulECoast University 0 The annual schedule of meeting dates is posted to the BOT webpage 6 months before the start of the new fiscal year. (In other words, for the July 1, 2015-June 30, 2016 meetings, the schedule of dates will be posted in January 2015.) The meeting agenda, time, location, and supporting documents are posted to the BOT webpage 14 days in advance. 0 Notice includes posting on the FGCU BOT webpage, a press release to all Southwest Florida media, and an emailed notification to the FGCU campus with links to the agenda and supporting documents on the FGCU BOT webpage. 4. Florida International University 0 All meeting dates, times, and locations are posted to the BOT webpage for the entire calendar year. a Meeting notices are posted 7-10 days in advance. Trustees have access to the meeting agenda and related materials via the dedicated Board portal 7 days in advance. - Agendas are posted to the public website 7 days in advance. 5. Florida Polvtech 0 Meeting notices are posted 7-10 days in advance. - Agendas are posted at least 7 days in advance. 6. Florida State University a Meeting notices and agendas are posted to the BOT webpage at least 7 days in advance. 0 A Notice of Meeting is also posted in the local paper of general circulation, The. Tallahassee Democrat, at least 7 days in advance. 7. New College of Florida 0 A preliminary agenda is posted in the local paper at least 14 days in advance. The preliminary agenda includes major items that come before the board, such as Regulations, Equity Report, Tenure, etc. I They will start posting the final agenda BOT webpage 7 days in advance. 8. University of Central Florida 0 All agendas and background materials are posted 14 days in advance. 0 Materials sometimes do change, but those changes can also be found on the website. 9. University of Florida 10. University of North Florida - UNF posts dates for all BOT meetings at the beginning of the academic year. - Agendas are posted 7 days in advance. 11. University of South Florida 0 Meeting dates, times, and location are posted to the BOT webpage for two years. 0 All materials are posted 10 days in advance. 0 Changes to materials already noticed are posted 5 days in advance. 12. University of West Florida a The UVVF BOT approves the calendar of BOT meetings and activities each March for the upcoming fiscal year. That schedule is posted as soon as it?s approved. 0 Agendas are posted a minimum of 7 days prior to each BOT meeting. This includes full board, committee meetings, dinners, retreats, planning sessions, etc. From: Ta: ?lm Cc: Eamamm?enee Subject: Board of Trustee Meeting/Agenda Notice Date: Tuaday, January 27, 2015 12:44:42 PM Rudiments: Hi Ben, Pursuant to our discussion, attached is a summary of the timefra mes utilized by each university for posting notices and agendas of their trustee meetings. We have not heard back from UF yet. Let me know if you have any questions. Vikki Vikki R. Shirley General Counsel State University System of Florida Board of Governors 325 W. Gaines Street, Suite 1614 Tallahassee, FL 32399-0400 (850) 245?0430/ Fax: (850) 245-9685 {twa- s'im?e i?i SYSTEM King!" ri LIY (mu-r I sign University Boards of Trustees Meeting Notices 1. Florida Agricultural Mechanical University 0 Meetings are posted to the board of trustees (BOT) webpage at least 7 days in advance. 0 BOT members are provided an agenda 14 days in advance, and associated meeting materials at least 7 days in advance. 0 Agendas are posted to the BOT webpage at least 7 days in advance. 2. Florida Atlantic Universi_ty_ The Board approves a calendar of meeting dates for the upcoming year at the last meeting of the year (usually November or December). That schedule is posted as soon as it?s approved. 0 Meeting notices are posted to the BOT webpage at least 14 days in advance. 0 Background materials are posted 7 days in advance. 3. Florida Gulf Coast University a The annual schedule of meeting dates is posted to the BOT webpage 6 months before the start of the new fiscal year. (In other words, for the July 1, 2015-June 30, 2016 meetings, the schedule of dates will be posted in January 2015.) The meeting agenda, time, location, and supporting documents are posted to the BOT webpage 14 days in advance. a Notice includes posting on the FGCU BOT webpage, a press release to all Southwest Florida media, and an emailed notification to the FGCU campus with links to the agenda and supporting documents on the FGCU BOT webpage. 4. Florida International University a All meeting dates, times, and locations are posted to the BOT webpage for the entire calendar year. 0 Meeting notices are posted 7-10 days in advance. Trustees have access to the meeting agenda and related materials via the dedicated Board portal 7 days in advance. 0 Agendas are posted to the public website 7 days in advance. 5. Florida Polytech - Meeting notices are posted 7-10 days in advance. - Agendas are posted at least 7 days in advance. 6. Florida State University 0 Meeting notices and agendas are posted to the BOT webpage at least 7 days in advance. a A Notice of Meeting is also posted in the local paper of general circulation, The Tallahassee Democrat, at least 7 days in advance. 7. New College of Florida 0 A preliminary agenda is posted in the local paper at least 14 days in advance. The preliminary agenda includes major items that come before the board, such as Regulations, Equity Report, Tenure, etc. 0 They will start posting the final agenda BOT webpage 7 days in advance. 8. University of Central Florida a All agendas and background materials are posted 14 days in advance. 0 Materials sometimes do change, but those changes can also be found on the website. 9. University of Florida 10. University of North Florida UNF posts dates for all BOT meetings at the beginning of the academic year. Agendas are posted 7 days in advance. 11. University of South Florida Meeting dates, times, and location are posted to the BOT webpage for two years. All materials are posted 10 days in advance. Changes to materials already noticed are posted 5 days in advance. 12. University of West Florida The UWF BOT approves the calendar of BOT meetings and activities each March for the upcoming fiscal year. That schedule is posted as soon as it?s approved. Agendas are posted a minimum of 7 days prior to each BOT meeting. This includes full board, committee meetings, dinners, retreats, planning sessions, etc. Barnes, Kelly From: Gibson, Ben Sent: Tuesday, January 27, 2015 11:50 AM To: Mail Attender Service Account Subject: Accepted: FW: Meeting with Tim Cerio Barnes, Kelly From: Gibson, Ben Sent: Tuesday, January 27, 2015 11:50 AM To: Graves, Aaren Subject: Accepted: FW: Meeting with Tim Cerio Barnes, Kelly From: Gibson, Ben Sent: Tuesday, January 27, 2015 11:50 AM To: Wood, Rebecca Subject: Accepted: FW: Meeting with Tim Cerio Barnes, Kelly From: Gibson, Ben Sent: Tuesday, January 27, 2015 11:50 AM To: Governor Schedule Subject: Accepted: FW: Meeting with Tim Cerio From: 5mm To: mm Subject: FW: FNA - State Proposals 1/26/15 Date: Monday, January 26, 2015 7:35:50 PM From: Don Slesnick Sent: Monday, January 26, 2015 5:11 PM To: Whitley, Claire; Demshar, Jeanie M. Cc: Arnold, Carrie; Baker, Sylvia; Carr, Carol; Carroll, Alesia; Combs, LouEllen; Conroy, Bruce; Cox, Jimmy; Cunningham, Sally; Delaney, Gus; DiSalvo, David; Epting (Klee), Tami; Gibson, Ben; Gomez, Diane; Graham, Amy; Henderson, Mark; Hooker, John; HRM Policy Team List; Hunter, Angela; Jefferson, Shelby; King, Susan; Mattimore, Mike; McCullough, Phillip; McSwain, Ross; McVaney, Joe; Nelson, Bill; Parton, Glory; Patino, Melissa; Phaneuf, Jennifer; Rogers, Margo; Sarah Linkous; Scott, Wendy; Skipper, Jamie; Smith, Amanda; Snider, Roary; Sullivan, Dale; Tondee, Renee; Veal, Sue; Ward, Kim; Waters, Veronica; Wilkerson, Libby; Williamson, Heather Subject: RE: FNA - State Proposals 1/26/15 Is the Governor seriousl contem lating a 0% pay increase for the cornin ear? F3 From: Whitley, Claire Sent: Monday, January 26, 2015 4:19 PM To: Don Slesnick; Demshar, Jeanie M. (jdemshar@floridanurseorg) Cc: Arnold, Carrie; Baker, Sylvia; Carr, Carol; Carroll, Alesia; Combs, LouEllen; Conroy, Bruce; Cox, Jimmy; Cunningham, Sally; Delaney, Gus; Disalvo, David; Epting (Klee), Tami; Gibson, Ben; Gomez, Diane; Graham, Amy; Henderson, Mark; Hooker, John; HRM Policy Team List; Hunter, Angela; Jefferson, Shelby; King, Susan; Mattimore, Mike; McCullough, Phillip; McSwain, Ross; McVaney, Joe; Nelson, Bill; Parton, Glory; Patino, Melissa; Phaneuf, Jennifer; Rogers, Margo; Sarah Linkous; Scott, Wendy; Skipper, Jamie; Smith, Amanda; Snider, Roary; Sullivan, Dale; Tondee, Renee; Veal, Sue; Ward, Kim; Waters, Veronica; Wilkerson, Libby; Williamson, Heather Subject: FNA State Pr0posals 1/26/15 Don, On behalf of the state?s Chief Labor Negotiator, Michael Mattimore, attached for your consideration are state proposals, dated January 26, 2015, for the following articles for the Florida Nurses Association (FNA)/Professional Health Care Unit: Article 3 Vacant Article 6 Grievance Procedure Article 7 Disciplinary Action Article 8 Workforce Reduction Article 10 Promotions Article 25 Wages Article 27 Insurance Benefits Article 31 - Vacant Please contact me if you have questions regarding these prOposals. The state will continue to be available to negotiate over any proposals on which the parties have not reached tentative agreement, notwithstanding the declaration of impasse. Claire Whitley Human Resource Consultant Florida Department of Management Services Office of the General Counsel 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950 Office: (850) 487-9460 Follow Us on TwitterQHijaQML Follow Us on WM