Complaint to Inspector General Greg White, Clerk David Ellspermann

8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann

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VIA email [email protected] November 17, 2014VIA email [email protected]

Greg White, Inspector GeneralOffice of Inspector General, State Courts System

Supreme Court Building500 South Duval StreetTallahassee, FL 32399-1925

Dear Inspector General Greg White:

This complaint is made under the Florida State Courts System Fraud Policy against,

1. David R. Ellspermann, Clerk of the Circuit Court, Marion County Florida, Fifth JudicialCircuit. Mr. Ellspermann is also the Comptroller for Marion County.

2. Katherine Piccin Glynn, Fla. Bar ID: 64350, attorney for Clerk Ellspermann.

3. Florida Courts E-filing Portal, the e-access to court files function for pro se.

Authority for Clerks of the Circuit Courts is found in Article 5, Section 16, of the FloridaConstitution. Chapter 28 of the Florida Statutes governs Clerks of the Circuit Courts.

Currently I am reluctantly appearingpro seto defend the wrongful foreclosure of my home.I cannot obtain adequate counsel. The case is Reverse Mortgage Solutions, Inc. v. Neil J.Gillespie, et al., case no. 2013-CA-115. The Honorable Hale R. Stancil is the presiding judge.

The Clerk is required to provide ministerial assistance under section 28.215, Florida Statutes.

On June 20, 2014 I wrote Clerk Ellspermann, The Florida Bar News reported June 15, 2014,Pro se e-filing gets the green light. Please consider this my request to register to e-file.

On June 20, 2014 at 2:43 AM I emailed Ms. Glynn, The Florida Bar News reported June 15,2014, "Pro se e-filing gets the green light". Please consider this my request to register to e-file.

On June 20, 2014 at 9:29 PM I emailed Clerk Ellspermann and Ms. Glynn a PDF copy of myletter to Clerk Ellspermann and request to register to e-file. The paper letter was delivered toClerk Ellspermann on June 23, 2014 at 11:54 AM and signed by Hanson for the Clerk.

As of today, neither Clerk Ellspermann nor Ms. Glynn have responded to my letter or email, or

to my written request to register to e-file. Clerk Ellspermann and Ms. Glynn denied me Access toCourts, Art. I 21 Fla. Const., Due Process, Art. I 9 Fla. Const., and Basic Rights, Art. I 2,Fla. Const. Clerk Ellspermann and Ms. Glynn also willfully deprived me of corresponding rightsor privileges protected by the Constitution or laws of the United States, violating 18 USC 242.

Recently John Tomasino, Clerk of the Florida Supreme Court, granted me permission to e-file inanother case, SC14-1637, and I successfully registered for the account on September 11, 2014.However that permission does not include e-access, the ability to view court documents online.


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Greg White, Inspector General November 17, 2014Office of Inspector General, State Courts System Page - 2

Therefore I invoke the authority of the Inspector General for the State Courts System, section

20.055(6), Florida Statutes, under the Florida State Courts System Fraud Policy, to investigateand eradicate fraud, waste, mismanagement, misconduct, and other abuses in Marion County byand through Clerk David R. Ellspermann, Ms. Katherine Piccin Glynn, and the E-filing Portal.

Authority for the Inspector General, State Courts System

Section 20.055, Florida Statutes, Agency inspectors general.(1) As used in this section, the term:

(d) State agency means... the state courts system.

(2) The Office of Inspector General is established in each state agency to provide acentral point for coordination of and responsibility for activities that promoteaccountability, integrity, and efficiency in government....

Florida State Courts System Fraud Policy

VI. Investigation of Allegations of Frauda. Authority to Investigate Allegations of Fraud

i. The IG is authorized under section 20.055(6), Florida Statutes, to initiate, conduct, supervise,and coordinate investigations designed to detect, deter, prevent and eradicate fraud, waste,mismanagement, misconduct, and other abuses in state government. The IG is also authorized toreceive and investigate complaints filed pursuant to the Whistle-blowers Act in section112.3187-112.31895, Florida Statutes. The IG shall refer complaints involving judges, attorneysor other licensed or regulated individuals to the appropriate oversight or regulatory body forinvestigation and determination of probable cause.

ii. In the course of investigating fraud, suspected fraud or other wrong-doing within the scope ofthis policy, the IG shall have free and unrestricted access to all records and premises required toevaluate allegations. When investigating fraud, suspected fraud or other wrong-doing within thescope of this policy, the IG may inspect, examine, copy or remove SCS records and propertywithout prior consent of any individual who may have custody of such items.

Clerk David R. Ellspermann violated his oath of office

David R. Ellspermann swore an oath of office in the state of Florida on October 2, 2012 asrequired by Article II, Section 5(b), of the Florida Constitution.

ARTICLE II, GENERAL PROVISIONS, SECTION 5. Public officers.

I do solemnly swear (or affirm) that I will support, protect, and defend the Constitutionand Government of the United States and of the State of Florida; that I am duly qualifiedto hold office under the Constitution of the State, and that I will well and faithfullyperform the duties of Clerk of Circuit Court on which I am now about to enter, so helpme God.


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A copy of David R. Ellspermanns oath of office October 2, 2012 is enclosed. On information

and belief, Clerk Ellspermann did not will well and faithfully perform the duties of Clerk ofCircuit Court, and his failure to do so is a violation of the Constitution and Government of theUnited States and of the State of Florida. Clerk Ellspermanns malfeasance, misfeasance ornonfeasance would cause an ordinary person to question his fitness to hold public office.

On information and belief, attorney Katherine Piccin Glynn is required by F.S. 876.05 to take apublic employee oath, in substantially this form:

I, Katherine Piccin Glynn, a citizen of the State of Florida and of the United States ofAmerica, and being employed by David Ellspermann, Clerk of the Circuit Court, and arecipient of public funds as such employee, do hereby solemnly swear or affirm that Iwill support the Constitution of the United States and of the State of Florida.

Currently I do not have a copy of Ms. Glynns public employee oath required by F.S. 876.05,and I do not know whether or not she has executed a public employee oath.

On information and belief, Ms. Glynn failed to support the Constitution of the United States andof the State of Florida in the course of her employment.

Please note, this is not a Florida Bar complaint against Ms. Glynn, nor do I want this complaintso construed. Complaints to The Florida Bar are useless in most ways and do not protect people.

E-Filing and the Florida Courts E-Filing Portal

E-filing through the Florida Courts E-Filing Portal is the most efficient way to access the courts.

The Florida Constitution, Article I, Section 21, guarantees every person access to courts forredress of any injury, where justice shall be administered without sale, denial or delay.

SECTION 21. Access to courts.The courts shall be open to every person for redress ofany injury, and justice shall be administered without sale, denial or delay.

Under section 454.18 of the Florida Statutes, any person, whether an attorney or not . . . mayconduct his or her own cause in any court of this state.

The First Amendment to the Constitution of the United States guarantees every person a right topetition the Government for a redress of grievances.

Congress shall make no law respecting an establishment of religion, or prohibiting thefree exercise thereof; or abridging the freedom of speech, or of the press; or the right ofthe people peaceably to assemble, and to petition the Government for a redress ofgrievances

http://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution


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The Florida Constitution, Article I, Section 9, guarantees every person due process.

SECTION 9. Due process.No person shall be deprived of life, liberty or propertywithout due process of law, or be twice put in jeopardy for the same offense, or be

compelled in any criminal matter to be a witness against oneself.

Due Process, Legal Information Institute, article written and submitted by Peter Strauss.

The Constitution states only one command twice. The Fifth Amendment says to thefederal government that no one shall be "deprived of life, liberty or property without dueprocess of law." The Fourteenth Amendment, ratified in 1868, uses the same elevenwords, called the Due Process Clause, to describe a legal obligation of all states. Thesewords have as their central promise an assurance that all levels of American governmentmust operate within the law ("legality") and provide fair procedures... Introduction.

http://www.law.cornell.edu/wex/due_process

The Florida Constitution, Article I, Section 2, guarantees every person Basic Rights.

SECTION 2. Basic rights.All natural persons, female and male alike, are equal beforethe law and have inalienable rights, among which are the right to enjoy and defend lifeand liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess andprotect property; except that the ownership, inheritance, disposition and possession ofreal property by aliens ineligible for citizenship may be regulated or prohibited by law.No person shall be deprived of any right because of race, religion, national origin, orphysical disability.

I also requested e-filing as an accommodation for disability but got no response.

The Americans with Disabilities Act (ADA), 42 U.S.C. sec. 12101 et seq.Title 19, Public Business, Part II, Florida Statutes, sections 282.601-282.606Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. sec. 701 et seq.

As of today, neither Clerk Ellspermann nor Ms. Glynn have responded to my letter or email, orto my written request to register to e-file. Their failure to respond is a violation of the publictrust, reflects discredit upon the justice system, and is a breakdown in the rule of law.

E-access to view court files online not available in Marion County or Florida Supreme CourtSupremacy Clause issue with the federal PACER system

E-filing is only one-half of e-access to courts. The other half is e-access to court files, whichI was not granted permission. In other words, I can not look at court documents online. CurrentlyI must go to the courthouse and view the file, which is costly and time-consuming. As noted inmy correspondence to Clerk Ellspermann and Ms. Glynn, the Clerks hours are limited, the


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machines needed to view court files are antiquated, user manuals or written instructions are not

available, and therefore impossible for me to use due to disability. See the enclosed emails.

E-access is only available in certain counties in the state, and not in Marion County. E-accessis also extraordinary expense because the Clerk charge $1 per page in advance for court records.

The federal courts PACER system charges .10 ten cents a copy, with a $3.00 maximum chargeper document. I have had a PACER account in good standing since 1999. Viewing court recordsonline is vital, especially when opposing counsel files false information in a case to deprive thepro se litigant the right of due process and redress of grievances.

PACER has been the standard for Public Access to Electronic Court Records for the past twentyfive years. PACER is an electronic public access service of United States federal courtdocuments. It allows users to obtain case and docket information from the United States districtcourts, United States courts of appeals, and United States bankruptcy courts. The system ismanaged by the Administrative Office of the United States Courts in accordance with the

policies of the Judicial Conference, headed by the Chief Justice of the United States. As of 2013,it holds more than 500 million documents. http://en.wikipedia.org/wiki/PACER_%28law%29

The United States Congress has given the Judicial Conference of the United States authority toimpose user fees for electronic access to case information. All registered agencies or individualsare charged a user fee. http://en.wikipedia.org/wiki/PACER_%28law%29

The fee, as of April 1, 2012, to access the web-based PACER systems is $0.10 per page. Priorto that the fee was $0.08 per page and prior to January 1, 2005, the fee was $0.07 per page. Theper page charge applies to the number of pages that results from any search, including a searchthat yields no matches with a one page charge for no matches. The charge applies whether or not

pages are printed, viewed, or downloaded. There is a maximum charge of $3.00 for electronicaccess to any single document other than name searches, reports that are not case-specific, andtranscripts of federal court proceedings. http://en.wikipedia.org/wiki/PACER_%28law%29

Thank you in advance for the courtesy of a response.

Sincerely,

Neil J. Gillespie8092 SW 115th Loop Phone: (352) 854-7807Ocala, Florida 34481 Email: [email protected]

Attachments: My letter and enclosures June 20, 2014 to Clerk Ellspermann (16 pages), w POD.Copy of my email June 20, 2014 at 2:43 AM to attorney Katherine Piccin Glynn.Copy of my email June 20, 2014 at 9.29 PM to Clerk Ellspermann and Ms. Glynn.Oath of Office for Clerk David R. Ellspermann


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VIA U.P.S. No. 1Z64589FP292242435 June 20, 2014

David R. Ellspermann

Clerk of the Circuit Court

Fifth Judicial Circuit, Florida

Marion County Courthouse

110 NW 1st Ave.Ocala, Florida 34475

RE: Reverse Mortgage Solutions, Inc. vs. Neil J. Gillespie, et al., case no. 13-115-CAT,

Marion County Circuit Court, Fifth Judicial Circuit, Florida

Dear Clerk Ellspermann:

The Florida Bar News reported June 15, 2014, Pro se e-filing gets the green light. Please

consider this my request to register to e-file.

Enclosed is a paper copy of my email to the Clerks counsel, Katherine Glynn, to which I do notshow either a response or acknowledgment. I restate the issues submitted to Ms. Glynn here, by

and through the enclosed paper email copy, as if set forth in full.

As shown in my email to Ms. Glynn, it appears that the Marion County Clerk has a duty to

provide disability accommodation to view court records online, in compliance with Section 508

and online access to services, and the following disability laws.

The Americans with Disabilities Act, 42 U.S.C. sec. 12101 et seq.

Title 19, Public Business, Part II, Florida Statutes, sections 282.601-282.606

Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. sec. 701 et seq.

The Florida Supreme Court websites Accessibility Statement for Section 508 compliance is

found at the link below, and in paper format enclosed, with paper copies of linked 508 sites.

http://www.flcourts.org/administration-funding/court-administration/accessibility-statement.stml

The Clerk is also required to provide ministerial assistance under F.S. 28.215.


Sincerely,

Neil J. Gillespie

8092 SW 115th Loop Email: [email protected]

Ocala, Florida 34481 Phone: 352-854-7807

Enclosures


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News HOME

The Florida Barwww.floridabar.org

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June 15, 2014

It wound up being a quiet decision, with little debate.

Tim Smith, Florida Courts E-Filing Authority chair, asked his board members at their May meeting if they

were ready to approve giving pro se parties the ability to register and use the portal that handles

electronic filing for the state courts.

Although this issue has been hotly debated by both the authority and the Florida Courts Technology

Commission, the authority board gave its unanimous approval with little discussion. The authority also

cleared the way to give judges access to the electronic filing system, which allows them to distributerulings, orders, and other paperwork via the portal.

Jennifer Fishback, portal project manager, showed the board how a pro se filer would register to use the

portal. It was, she explained, much like an attorney sign-up. The main difference is that there is no Bar

number to link to the filer. However, Fishback noted, that is no different from what happens in the paper

world when pro se parties drop off paper documents at courthouses without producing any identification.

Unlike attorneys and other parties providing information to the courts, pro se parties will not be required

to perform electronic filing and will retain the option of paper filing.

Smith clarified that the boards vote to allow pro se fi lers to access the portal is to provide access to

register to use an electronic filing system. It is not anything but using the portal; it is not viewing

documents, he said. Access does not encompass using an under-development A2J tool, software that will

ask pro se filers a series of questions and then automatically produce a Supreme Court-approved legal

form for filing.

Viewing electronic documents by pro se filers, Smith said, will be governed by the Supreme Courts

Administrative Order SC 14-19, which governs the electronic filing process. The March order adopts a

matrix to govern how information in court filings will be provided to various parties, judges, court

employees, and others, and how confidential information in those files will be protected.

Pro se filers also will have to comply with Rule of Judicial Adminsitration 2.420 which requires certain

confidential informaton be identified in filings so clerks can keep that data out of public view.

Fishback told the authority that pro se and judicial access would begin June 20 with the next upgrade to

the portals software.

Ninth Circuit Judge Lisa Munyon, chair of the Florida Courts Technology Commission, interviewed after the

meeting, said judicial use of the portal likely will be phased in, circuit by circuit, after June 20. She said

judges will have to register as portal users, just as attorneys do, and then they will be able to file

paperwork through the portal. As necessary, the paperwork will automatically be distributed to the parties

and go to clerks to be included in the cases electronic file.

For pro se filers, work is continuing on the A2J system. Authority member and Palm Beach County Clerk

ttp://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/1d15de038992b2f085257cf200464dd2!OpenD


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News HOME

Sharon Bock, who chaired an interagency subcommittee on e-filing for pro se parties, said that when the

system is ready for use, the forms generated by the A2J forum would only be those forms approved by the

Supreme Court.

Bock has noted that a handful of forms are used in the vast majority of pro se filings primarily tenant

eviction, small claims, and family law forms.

The actions taken by the e-filing board to allow pro se registration for portal use and providing access for

judges was mirrored by the FCTC at its quarterly mid-May meeting. Having approved access for judges at

an earlier meeting this year, the FCTC took it one step further by voting to allow all non-attorney filers

including mental health providers and government agencies to electronically file without credentials.

Adding pro se filers is regarded as the first step of expanding the portal to nonattorney users. Eventually

the portal will allow court-appointed mediators, the Department of Children and Families, the Department

of Juvenile Justice, and other agencies that regularly provide documents or information to the courts to

submit that information electronically.

We want to add the other filer types as soon as possible. We want to make sure we do this in a measured

way so that everyone can experience success, Smith said.

(This report was compiled by the Florida Court Clerks & Comptrollers and edited by the Bar News.)

[Revised: 06-20-2014]

2014 The Florida Bar | Disclaimer| Top of page|

ttp://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/1d15de038992b2f085257cf200464dd2!OpenD


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Neil Gillespie

From: "Neil Gillespie" To: "Katherine Glynn" Cc: "Neil Gillespie" Sent: Friday, June 20, 2014 2:43 AM

Attach: 2014, 06-15-14, Pro se e-filing gets the green light; FlaBarNews.pdf; Communications & IT - United States AccessBoard.pdf; Florida Supreme Court, Accessibility Statement.pdf; Section 508 Home _ Section508.pdf; Web AccessibilityInitiative (WAI) - home page.pdf

Subject: Re: [MCCC] Contact Form Submission

Page 1 of 4

6/20/2014

Katherine Glynn, attorneyMarion County Clerk,

Ms. Glynn,

Good morning. Thank you for your email.

The Florida Bar News reported June 15, 2014, "Pro se e-filing gets the green light". Please consider this my request toregister to e-file.

http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/1d15de038992b2f085257cOpenDocument

In brief response to your email of May 29, 2014, "Please remember that you are able to view all court documents, exceptfor those that have been sealed or redacted, in person as you have always been able to do.", this statement is notaccurate, and is also misleading.

First, my request is not simply to view records. If you think about it, viewing records is pretty useless, unless a personhas a photographic memory, and can return home, and enter the information on a computer. I am disabled and cannotremember one sentence, let alone an entire pleading. So my request includes viewing online and copying records to PDFfiles. That capability has never been available "in person", and is a disability accommodation I need.

In addition, the Clerk charges $1 per page for copies, which is beyond my ability to pay for more than a few pages.Also, paper copies are not useful until I convert the paper record to a PDF file. This is due to disability and short-termmemory deficit.

There are times when I have not been able to view court documents in person, including times when the judge has thefile in chambers, or times when a deputy clerk cannot find the record. In my experience, some deputy clerks deliberatelymake viewing records inconvenient to discourage the public. Thats one reason you hardly see anyone viewingdocuments in person.

In the past a deputy clerk demanded I produce identification to view an ordinary civil case record. You know that isunlawful under Florida public records law. In the past when I complained about services, the deputy clerk involvedmisstated the matter to Mr. Epperman, who called me the next day at home in an agitated state before hearing my side ofthe story.

Ms. Glynn, the public almost always looses any disagreement with the courts, no matter how meritorious the publicposition, and then the person is targeted for retaliation, because that is the world you folks have created to maintainabsolute control and authority, even in a state-run monopoly.

The clerks office refused to provide me printed instructions on how to use the courts strange equipment to locate therecords; that also serves to discourage the public. Due to disability, I am not able to learn how to operate this equipmentwithout extensive training and support, that goes beyond a few shouted instructions from a deputy clerk, who isimpatient with slow learners.

Yes Ms. Glynn, I am a slow learner due to disability, which is not a reflection on intellect. Unfortunately a courtsdisability accommodation is usually limited to architectural mandates for the size of toilet stalls, or things not useful todisabilities resulting from traumatic brain injury.


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Ms. Glynn, your courthouse is a 28 mile round trip from my home. There is no viable public transportation for me to getto the courthouse. Due to indigence, I cannot make repeated trips to the courthouse to view records, which requiresgasoline, and wear-and-tear on my 24 year-old vehicle. Online access to court records is more efficient in that it costsless time and money.

Ms. Glynn, PACER, the federal Public Access to Court Electronic Records system, is celebrating its 25th anniversary.PACER is an old system, but it works fine. I have a PACER account in good standing since 1999. PACER allows me toget court records online from home, and download the records into PDF files, for much less than $1 per page than you at

the Marion County Clerk's Office charges.

The PACER fee, as of April 1, 2012, to access the web-based PACER systems is ten cents ($0.10) per page. There is amaximum charge of $3.00 for electronic access to any single document. So a 100 page document would cost $100 underthe Florida rules, but only $3.00 on PACER, which is available from home, any hour of the day, any day of the year.Florida court records are only available during regular court hours, which are limited.

Ms. Glynn, the Florida E-filing portal is an inferior rendition of federal PACER, which is 25 years old. Access to courtrecords is a substantial due process issue. The Constitution states only one command twice. The Fifth Amendment saysto the federal government that no one shall be "deprived of life, liberty or property without due process of law." TheFourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legalobligation of all states. These words have as their central promise an assurance that all levels of American governmentmust operate within the law ("legality") and provide fair procedures.

It appears that the Marion County Clerk has a duty to provide disability accommodation to view court records online, incompliance with Section 508 and online access to services, and the following disability laws.




I believe the Marion County Clerk is subject to Title 19, Public Business, Part II, Florida Statutes, sections 282.601-282.606, which would require provision of online services in lieu of in person services.http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-

0299/0282/0282PARTIIContentsIndex.html

282.606 Intent.It is the intent of the Legislature that, in construing this part, due consideration and great weight begiven to the interpretations of the federal courts relating to comparable provisions of s. 508 of the Rehabilitation Act of1973, as amended, and 29 U.S.C. s. 794(d), including the regulations set forth under 36 C.F.R. part 1194, as of July 1,2006.

282.602 Definitions.As used in this part, the term: (1) "Accessible electronic information and informationtechnology" means electronic information and information technology that conforms to the standards for accessibleelectronic information and information technology as set forth by s. 508 of the Rehabilitation Act of 1973, as amended,and 29 U.S.C. s. 794(d), including the regulations set forth under 36 C.F.R. part 1194.

Below is a link to the Florida Supreme Court website Accessibility Statement for Section 508 compliance, and related

links. The webpages are attached in paper format. http://www.flcourts.org/administration-funding/court-administration/accessibility-statement.stml

Official Section 508 Site of the US Government, http://www.section508.gov/

United States Access Board, http://www.access-board.gov/

Web Accessibility Initiative (WAI), http://www.w3.org/WAI/

It took me over eight hours to research and write this email, required because unfortunately Florida is 25 years behindthe federal courts in providing a system like PACER, Public Access to Court Electronic Records, providing records for

Page 2 of 4

6/20/2014


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only 10 cents a page, with a $3 limit, and accessed from my home.


Sincerely,

Neil J. Gillespie8092 SW 115th Loop

Ocala, Florida 34481Telephone: 352-854-7807Email: [email protected]

----- Original Message -----From:Katherine GlynnTo: [email protected]:Thursday, May 29, 2014 11:12 AMSubject:Re: [MCCC] Contact Form Submission

Mr. Gillespie,

I have attached theAmendedAO14-19, issued on May 23, 2014, for your review. Please read the language starting at the bottom of page fourthat describes the mandatory approval process which must be completed before images of court documents can be provided on-line to thepublic. The process provides time frames within which each Clerk may apply for approval to provide on-line access to court images in

accordance with the amended AO, receive initial approval by the Florida Supreme Court, complete a 90 day pilot program and then receivefinal approval by the Florida Supreme Court. Until a Clerk's process is finally approved by the Florida Supreme Court, that Clerk is notauthorized to provide on-line access to court images to the public.

The implementation of the Access Security Matrix described in the AO is complex and requires new programming. As we are in the processof changing case maintenance systems, implementation of the Matrix is necessarily tied to the rollout of our new case maintenancesystem which is slated for Fall of 2014.

While there are great strides being made in reaching the state-wide goal of providing on-line accessto court records, it is not possible inMarion County at this time for the reasons stated above. Please remember that you are able to view all court documents, except for those thathave been sealed or redacted, in person as you have always been able to do. AO14-19 only applies to electronic images of court records beingprovided via the internet.

If you have any other questions, I would be more than happy to answer them for you.

Sincerely,

>>> 5/28/2014 4:20 PM >>>Wednesday, May 28, 2014 @ 4:20:22 PM EDT

Name:Neil J. GillespieEmail:neilgillespie@mfKatherine P. Glynn, Esq.Chief Deputy of Courts forDavid R. Ellspermann, Clerk of the Court and ComptrollerP.O. Box 1030Ocala, Florida 34478-1030(352) 671-5603

[email protected]

i.netPhone: 352-854-7807

Message:Marion County Clerk of Court: I am a non-lawyer who would like online access to court records as provided by Supreme Court OrderNo. AOSC14-19. The Florida Bar News reported April 15, 2014 "S. Court lifts moratorium on online access to court records" Beloware links to Order AOSC14-19, http://www.floridasupremecourt.org/clerk/adminorders/2014/AOSC14-19.pdf and The Florida BarNews storyhttp://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/9cdb63d357bf976585257cb30042ab11!OpenDocument Thank you in advance for the courtesy of a response. Sincerely, Neil J. Gillespie 8092 SW 115th Loop Ocala,

Page 3 of 4

6/20/2014


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Florida 34481 Telephone: 352-854-7807 Email: [email protected]

http://www.marioncountyclerk.org

Page 4 of 4

6/20/2014


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The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs conducted by

Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the

employment practices of Federal contractors.

Section 504 states that "no qualified individual with a disability in the United States shall be excluded from,

denied the benefits of, or be subjected to discrimination under" any program or activity that either receives

Federal financial assistance or is conducted by any Executive agency.

Section 508now establishes requirements for electronic and information technology developed, maintained,

procured, or used by the Federal government. Section 508 requires Federal electronic and information

technology to be accessible to people with disabilities, including employees and members of the public.

In December 2000 the Federal Access Boardissued final standards for electronic and information technology

under Section 508 of the Rehabilitation Act. These were adopted and published in the Federal Registrar in April

2001 with enforcement to begin June 21, 2001.

While these standards currently apply to federal government, it is the direct responsibility of Florida state

government agencies and their web designers and developers to become familiar with these accessibility

guidelines and to apply these principles in designing and creating any official State of Florida website.

On July 1, 2006, the Florida Accessible Electronic and Information Act was implemented that requires Florida

State Government web sites to comply with Section 508to ensure the widest possible audience easy access to

government information. Section 508 standards are based on access guidelines developed by the Web

Accessibility Initiative of the World Wide Web Consortium (W3C).

The Florida Supreme Court is committed to making the information on our website accessible to all websitevisitors and welcomes your comments and suggestions for improving the accessibility of information on our

website. If you use assistive technology and the format of any material on our website interferes with your

ability to access the information, we encourage you to notify us via email.

The following viewers are available:

Microsoft Viewersfor Word Documents (.DOC), Excel Spreadsheets (.XLS), and PowerPoint (.PPT) are

FREE. Please visit the Office Online File Converters and Viewerssite for additional information.

Acrobat Viewersfor Portable Document Format (.PDF) files are FREE. Please visit the Adobe Reader

Downloadsite for additional information.

http://www.flcourts.org/administration-funding/court-administration/accessibility-statem


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SAVE THE DATES:

The Training

subcommittee of the

Accessibility

Community of

Practice of the CIOC

announces webinar

dates for 2014

SAVE THE DATES:

The Training

subcommittee of the

Accessibility

Community of

Practice of the CIOC

announces webinar

dates for 2014

How Do I

Take Training?Get accessibility

information about EIT

products and services?

Find my agency's 508

Coordinator?

Get my 508 questions

answered?

See All

Section 508 Blog - Voices From the Front Line

What's Happening

Read the full Section 508 Blog at Buyaccessible.gov

To read the full Section 508 Blog...conversations about Section 508, bookmark

http://www.buyaccessible.gov/blogRead Full Blog

Announcing the Beta Version of www.BuyAccessible.gov

We are excited to announce the new redesigned www.BuyAccessible.gov website.

Read Full Blog

SAVE THE DATES: Best Practices webinar dates for 2014

The Training subcommittee of the Accessibility Community of Practice of the CIOC announces Section

508 Best Practices Webinar Series dates for 2014, July 29, Sept 30, and Nov 20.

Read Full Blog

More blog posts

Monday, May 20, 2013

CIOC Software Development Life Cycle Guidance

Wednesday, March 20, 2013

CIOC Accessibility Statement Best Practices

Wednesday, September 26, 2012

Home About Us Feedback Contact Us

http://www.section


15/33

The BuyAccessible Wizard

The BuyAccessible System has three components, all made available to any agency at no costto help with the quick, easy, and efficient implementation of all Section 508 standards.

The BuyAccessible Wizard( http://buyaccessible.gov/), which can help you when

purchasing Electronic and Information Technology (EIT) products and services to

determine if Section 508 applies to your purchase or to find accessibility information. The

BuyAccessible Wizard can help with your market research and even has tools to write

your solicitation language.

1.

Quick-Links (http://app.buyaccessible.gov/baw/Quick-Links/index.jsp), which are

pre-packaged Government Product Accessibility Template (GPAT) and Solicitation

language for a number of standard EIT deliverables. Users can select their deliverable

from the drop down list to download the GPAT and solicitation language.

2.

The Vendor Accessibility Resource Center (VARC at http://buyaccessible.gov/content

/VARC) a comprehensive listing of Electronic and Information Technology (EIT) vendors

with URLs to their company accessibility information or VPATS to help you with your

market research. The Voluntary Product Accessibility Template (VPAT) the most common

format vendors can use to describe how their products and services conform to the EIT

accessibility standard. The VPAT is a form created by industry and can be requested as

part of a solicitation making it mandatory for the vendor to submit with their bid.

3.

Some BuyAccessible.gov features:

Training for Buyers

Training for Sellers

BuyAccessible Glossary

Acquisition Central

Federal Acquisition Regulations

and much more!

CIO.gov Accessibility Policies and Governance

Wednesday, September 26, 2012

CIO Council Accessibility Technical Guidance

View all news items

Section 508 Home Contact Us Privacy Statement Plug-Ins Link Policy Accessibilit y Policy

http://www.section


16/33

Access to information and communication technology (ICT) is

addressed by Board standards and guidelines issued under Section

508 of the Rehabilitation Act and Section 255 of the

Telecommunications Act.

1331 F Street NW, Suite 1000

Washington, DC 20004-1111

Voice: (202) 272-0080 or (800) 872-2253

TTY: (202) 272-0082 or (800) 993-2822

Fax: (202) 272-0081

United States Access Board

The Board Guidelines & Standards Training Enforcement Research

Home> Guidelines and Standards> Communications & IT

EMAIL UPDATES

Sign up for updates on

Communications & IT:

Enter Email

u scri e

TECHNICAL ASS ISTANCE

(800) 872-2253

TTY: (800) 993-2822

Fax: (202) 272-0081

[email protected]

Section 508 Standards

These standards apply to electronic and information technology procured by Federal

agencies.

Refresh of the Section 508 Standards and the Telecommunications Act Guidelines

The Access Board is jointly updating the Section 508 Standards along with guidelines issued

under the Telecommunications Act.

Telecommunications Act Accessibility Guidelines

These guidelines apply to telecommunication products and equipment covered by Section

255 of the Telecommunications Act.

http://www.access-board.gov/guidelines-and-standards/communicatio


17/33

Contact Us Accessibility Statement

Sitemap Budget and Performance

En Espanol No Fear Act Data

Privacy Policy Freedom of Information

Partner Sites

DISABILITY.GOV

USA.GOV

REGULATIONS.GOV

FEDERALREGISTER.GOV

http://www.access-board.gov/guidelines-and-standards/communicatio


18/33

WAI develops...

guidelines widely regarded

as the internationalstandard for Web

accessibility

support materials to help

understand and implement

Web accessibility

resources, through

international collaboration

WAI welcomes...

participation from around

the world

volunteers to review,

implement, and promoteguidelines

dedicated participants in

working groups

W3C Home

Discover new

resources

for peoplewith disabilities,

policy makers,

managers, and you!

Translations

Announcements

WAI-ACT Project

Get WAI

Announcements

Events, Meetings,Presentations

At WebVisionsin

Chicago, IL, USA on 25

September 2014:

"Crafting User

Experience for the

Fastest Growing Web

Demographic:

Older Users" by Shawn[WAI Presentations]

[Past WAI Events]

Documents inProgress

The WAI Interest Group

(WAI IG) page lists

documents in progress,

such as accessibility

The power of the Web

is in its universality.

Access by everyone

regardless of disability is

an essential aspect.

Tim Berners-Lee, W3C

Director and inventor of

the World Wide Web

Skip to Content | Change text size or colors

WAI: Strategies, guidelines, resources to make the Web accessible to people with disabilities

Highlights

For Review: IndieUI Events (forMobile and More) Draft UpdatedAn updated Working Draft of IndieUI:

Events is available for review. IndieUI

defines a way for different user

interactions to be translated into simpleevents and communicated to web

applications. This draft includes new

events and a refined technical model.

See:

IndieUI Overviewfor a short

introduction

IndieUI: Events 1.0- Events for User

Interface Independence - for the

draft technical specification

Requirements for IndieUI: Events

1.0 and IndieUI: User Context 1.0

for requirements the specification

should meet

Updated Working Draft: IndieUI

Events - for Mobile and Moree-mail

for information on updates

Mobile Accessibilityto learn about

related work

Please send comments on this draft by 27

June 2014. (2014-May-29)

IndieUI Requirements First DraftThe First Public Working Draft of

Requirements for IndieUI: Events 1.0 and

IndieUI: User Context 1.0is available for

review. The document introduces use

cases related to the IndieUI specifications

and the technical requirements for

meeting the use cases. IndieUI is

Web Accessibility

Initiative (WAI) Home

Getting Started

Designing for Inclusion

Guidelines &

Techniques

Planning &

Implementing

Evaluating Accessibility

Presentations &

Tutorials

Getting Involved with

WAI

http://www.w3.


19/33

guidelines WAI-ARIA 1.0,

UAAG 2.0, and ATAG 2.0.

introduced in the IndieUI Overview. One

focus of IndieUI is enabling better user

interaction in the mobile environment.

This Requirements document provides an

opportunity for early review of user needs to be addressed by the IndieUI

specifications. Please send comments by 23 May 2014. (2014-Apr-22)

WAI-ARIA 1.0 is a W3C RecommendationAccessible Rich Internet Applications (WAI-ARIA) 1.0and the WAI-ARIA 1.0

User Agent Implementation Guidewere published today as W3C

Recommendations. WAI-ARIA is a technical specification for making

dynamic, interactive Web content accessible to people with disabilities.

WAI-ARIA and supporting documents are described in the WAI-ARIA

Overview. Please see more information in the WAI-ARIA Expands Web

Accessibility blog postand W3C's Accessible Rich Internet Applications

(WAI-ARIA) 1.0 Expands Accessibility of the Open Web Platform press

release. (2014-March-20)

Web Accessibility Tutorials: Ready for Your InputDraft Web Accessibility Tutorialsare now ready for your input. See more

info in the Web Accessibility Tutorials in Progress e-mail. (2014-March-17)

Updated March 2014: WCAG Techniques & UnderstandingWCAGUpdated supporting documents for WCAG 2.0 were published today:

Techniques for WCAG 2.0and Understanding WCAG 2.0. (This is not an

update to WCAG 2.0, which is a stable document.) For information on

these updates and links to blog posts, please see the WCAG Techniques &

Understanding WCAG Updated March 2014 e-mail. (2014-March-11)

Easy Checks - A First Review of Web Accessibility isupdated for the holidaysHave you ever wondered: "Is this web page accessible?" Easy Checks - A

First Review of Web Accessibilityprovides simple steps to start assessing

web accessibility. It is designed for anyone who can use the Web; no

accessibility knowledge or skill is required. The checks cover just a few

accessibility issues and are intended to be quick and easy, rather than

definitive. We welcome your suggestions and comments to the publicly-

archived list [email protected]. (2013-Dec-20)

Cognitive Accessibility Task Force: Seeking ParticipationA new Cognitive Accessibility Task Force will develop more specific

guidance on meeting the web accessibility needs of people with cognitive

and learning disabilities. To learn more, see the Cognitive Accessibility Task

Force home page. (2013-Nov-06)

http://www.w3.


20/33

Mobile Accessibility Task Force: Seeking ParticipationA new Mobile Accessibility Task Force will develop more specific guidance

on mobile accessibility related to WCAGand UAAG. It will build on WAI's

current accessibility standards that address mobile accessibilityand

supplement related work in other areas, such as IndieUIand HTML5. To

learn about participating in the Mobile Accessibility Task Force, see the

Mobile Accessibility Task Force - Seeking Participation e-mail. (2013-

Oct-01)

WCAG2ICT Note: Guidance on Applying WCAG 2.0 toNon-Web ICTWAI is pleased to announce publication of the completed Guidance on

Applying WCAG 2.0 to Non-Web Information and Communications

Technologies (WCAG2ICT)as an informative W3C Working Group Note.

WCAG2ICT provides guidance on the interpretation and application of

WCAG 2.0 to non-web documents and software. It is the result of a

collaborative effort to support harmonized accessibility solutions across a

range of technologies. Learn more from the WCAG2ICT Overview. (2013-Sept-05)

For Review: Pre-Publication Draft of WCAG-EM for ConformanceEvaluation...

For Review: User Agent Accessibility Guidelines (UAAG) 2.0 LastCall Working Draft...

ATAG 2.0 Implementation Testing...

For Review: IndieUI Events (for Mobile and More) Draft Updated...

WCAG 2.0 is ISO/IEC 40500...

Mobile Accessibility: Resources Updated...

Developing Web Accessibility Presentations and Training: Resource

Material...

Share the news: How to Make Your Presentations Accessible to Allis updated...

BAD to Good Updated: Demo shows web accessibility barriers

fixed...

WAI-ACT: Cooperation, Implementation, Evaluation, Research...

Working Together for Better Accessibility...

Additional highlights are in the Highlights Archive.

WAI home page Highlights are edited by Shawn Henry, WAI's Education and Outreach

Working Group, and other WAI Team and Working Groups.

Sponsors

http://www.w3.


21/33

WAI is supported in part by:

Adobe Systems

Deque Systems

IBM Corporation

Hewlett Packard Development Company

European Commission Information Society Technologies Programme,

project IST 287725 (WAI-ACT)

US Department of Education, National Institute for Disability and

Rehabilitation Research, contract ED-OSE-10-C-0067

WAI welcomes additional sponsors and contributors.

[WAI Site Map] [Help with WAI Website] [Search] [Contacting WAI]

Feedback welcome to [email protected] (a publicly archived list) or [email protected] (a WAI staff-only list).

Copyright 1994-2014 W3C(MIT, ERCIM, Keio), All Rights Reserved. W3C liability, trademark, document use and

software licensing rules apply. Your interactions with this site are in accordance with our public and Member privacy

statements.

http://www.w3.


22/33

ScheduleasamedayorfuturedayPickuptohaveaUPSd

riverpickupallofyourInternetShipp

ing

packages.

HandthepackagetoanyUPSdriverinyourarea.

Takeyourpackagetoa

nylocationofTheUPSStore,UPS

DropBox,UPSCustomerCenter,UPS

Alliances(OfficeDepo

torStaples)orAuthorizedShippingOutletnearyou.ItemssentviaUPS

ReturnServices(SM)(includingviaGround)arealsoacceptedatDropBoxes.Tofindthelocatio

n

nearestyou,pleasevis

itthe'FindLocations'Quicklinkatups.com.

Custom

er

swith

aD

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ilyPick

up

Yourdriverwillpickupy

ourshipment(s)asusual.

FOLD

HERE


23/33

Proof of Delivery

Tracking Number: 1Z64589FP292242435

Service: UPS Ground

Weight: 1.00 lb

Shipped/Billed On: 06/20/2014

Delivered On: 06/23/2014 10:29 A.M.

Delivered To: 110 NW 1ST AVEOCALA, FL, US 34475

Signed By: HANSON

Left At: Receiver

Print This Page

Close Window

Dear Customer,

This notice serves as proof of delivery for the shipment listed below.

Thank you for giving us this opportunity to serve you.

Sincerely,

UPS

Tracking results provided by UPS: 06/23/2014 11:54 A.M. ET

Close Window

https://wwwapps.ups.com/WebTracking/processPOD?Requester=&tracknum=1Z64589FP292242435&refNumbers=&lo


24/33

Neil Gillespie

From: "Neil Gillespie" To: "Katherine Glynn" Cc: "Neil Gillespie" Sent: Friday, June 20, 2014 2:43 AM

Attach: 2014, 06-15-14, Pro se e-filing gets the green light; FlaBarNews.pdf; Communications & IT - United States AccessBoard.pdf; Florida Supreme Court, Accessibility Statement.pdf; Section 508 Home _ Section508.pdf; Web AccessibilityInitiative (WAI) - home page.pdf

Subject: Re: [MCCC] Contact Form Submission

Page 1 of 4

10/10/2014


Ms. Glynn,








In the past a deputy clerk demanded I produce identification to view an ordinary civil case record. You know that isunlawful under Florida public records law. In the past when I complained about services, the deputy clerk involvedmisstated the matter to Mr. Epperman, who called me the next day at home in an agitated state before hearing my side ofthe story.





25/33


Ms. Glynn, PACER, the federal Public Access to Court Electronic Records system, is celebrating its 25th anniversary.PACER is an old system, but it works fine. I have a PACER account in good standing since 1999. PACER allows me toget court records online from home, and download the records into PDF files, for much less than $1 per page than you at

the Marion County Clerk's Office charges.


Ms. Glynn, the Florida E-filing portal is an inferior rendition of federal PACER, which is 25 years old. Access to courtrecords is a substantial due process issue. The Constitution states only one command twice. The Fifth Amendment saysto the federal government that no one shall be "deprived of life, liberty or property without due process of law." TheFourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legalobligation of all states. These words have as their central promise an assurance that all levels of American governmentmust operate within the law ("legality") and provide fair procedures.





I believe the Marion County Clerk is subject to Title 19, Public Business, Part II, Florida Statutes, sections 282.601-282.606, which would require provision of online services in lieu of in person services.http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-

0299/0282/0282PARTIIContentsIndex.html


282.602 Definitions.As used in this part, the term: (1) "Accessible electronic information and informationtechnology" means electronic information and information technology that conforms to the standards for accessibleelectronic information and information technology as set forth by s. 508 of the Rehabilitation Act of 1973, as amended,and 29 U.S.C. s. 794(d), including the regulations set forth under 36 C.F.R. part 1194.

Below is a link to the Florida Supreme Court website Accessibility Statement for Section 508 compliance, and related

links. The webpages are attached in paper format. http://www.flcourts.org/administration-funding/court-administration/accessibility-statement.stml




It took me over eight hours to research and write this email, required because unfortunately Florida is 25 years behindthe federal courts in providing a system like PACER, Public Access to Court Electronic Records, providing records for

Page 2 of 4

10/10/2014


26/33

only 10 cents a page, with a $3 limit, and accessed from my home.


Sincerely,

Neil J. Gillespie8092 SW 115th Loop

Ocala, Florida 34481Telephone: 352-854-7807Email: [email protected]


Mr. Gillespie,

I have attached theAmendedAO14-19, issued on May 23, 2014, for your review. Please read the language starting at the bottom of page fourthat describes the mandatory approval process which must be completed before images of court documents can be provided on-line to thepublic. The process provides time frames within which each Clerk may apply for approval to provide on-line access to court images in

accordance with the amended AO, receive initial approval by the Florida Supreme Court, complete a 90 day pilot program and then receivefinal approval by the Florida Supreme Court. Until a Clerk's process is finally approved by the Florida Supreme Court, that Clerk is notauthorized to provide on-line access to court images to the public.


While there are great strides being made in reaching the state-wide goal of providing on-line accessto court records, it is not possible inMarion County at this time for the reasons stated above. Please remember that you are able to view all court documents, except for those thathave been sealed or redacted, in person as you have always been able to do. AO14-19 only applies to electronic images of court records beingprovided via the internet.


Sincerely,


Name:Neil J. GillespieEmail:neilgillespie@mfKatherine P. Glynn, Esq.Chief Deputy of Courts forDavid R. Ellspermann, Clerk of the Court and ComptrollerP.O. Box 1030Ocala, Florida 34478-1030(352) 671-5603

[email protected]

i.netPhone: 352-854-7807

Message:Marion County Clerk of Court: I am a non-lawyer who would like online access to court records as provided by Supreme Court OrderNo. AOSC14-19. The Florida Bar News reported April 15, 2014 "S. Court lifts moratorium on online access to court records" Beloware links to Order AOSC14-19, http://www.floridasupremecourt.org/clerk/adminorders/2014/AOSC14-19.pdf and The Florida BarNews storyhttp://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/9cdb63d357bf976585257cb30042ab11!OpenDocument Thank you in advance for the courtesy of a response. Sincerely, Neil J. Gillespie 8092 SW 115th Loop Ocala,

Page 3 of 4

10/10/2014


27/33

Florida 34481 Telephone: 352-854-7807 Email: [email protected]


Page 4 of 4

10/10/2014


28/33

Neil Gillespie

From: "Neil Gillespie" To: "Katherine Glynn" ; "David Ellspermann" Cc: "Neil Gillespie" Sent: Friday, June 20, 2014 9:28 PM

Attach: UPS Internet Shipping-to-Clerk of the Circuit Court-Marion County.pdf; Request to register for E-filing to Clerk David R.Ellspermann-Jun-20-2014.pdf

Subject: Request to register for E-filing to Clerk David R. Ellspermann-Jun-20-2014

Page 1 of 4

8/22/2014

----- Original Message -----From:Neil GillespieTo: Katherine GlynnCc: Neil GillespieSent:Friday, June 20, 2014 2:43 AMSubject:Re: [MCCC] Contact Form Submission


Ms. Glynn,








In the past a deputy clerk demanded I produce identification to view an ordinary civil case record. You know that isunlawful under Florida public records law. In the past when I complained about services, the deputy clerk involved

misstated the matter to Mr. Epperman, who called me the next day at home in an agitated state before hearing my side ofthe story.




29/33



Ms. Glynn, PACER, the federal Public Access to Court Electronic Records system, is celebrating its 25th anniversary.PACER is an old system, but it works fine. I have a PACER account in good standing since 1999. PACER allows me toget court records online from home, and download the records into PDF files, for much less than $1 per page than you atthe Marion County Clerk's Office charges.


Ms. Glynn, the Florida E-filing portal is an inferior rendition of federal PACER, which is 25 years old. Access to courtrecords is a substantial due process issue. The Constitution states only one command twice. The Fifth Amendment says

to the federal government that no one shall be "deprived of life, liberty or property without due process of law." TheFourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legalobligation of all states. These words have as their central promise an assurance that all levels of American governmentmust operate within the law ("legality") and provide fair procedures.





I believe the Marion County Clerk is subject to Title 19, Public Business, Part II, Florida Statutes, sections 282.601-282.606, which would require provision of online services in lieu of in person services.http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0282/0282PARTIIContentsIndex.html


282.602 Definitions.As used in this part, the term: (1) "Accessible electronic information and informationtechnology" means electronic information and information technology that conforms to the standards for accessible

electronic information and information technology as set forth by s. 508 of the Rehabilitation Act of 1973, as amended,and 29 U.S.C. s. 794(d), including the regulations set forth under 36 C.F.R. part 1194.

Below is a link to the Florida Supreme Court website Accessibility Statement for Section 508 compliance, and relatedlinks. The webpages are attached in paper format. http://www.flcourts.org/administration-funding/court-administration/accessibility-statement.stml



Page 2 of 4

8/22/2014


30/33


It took me over eight hours to research and write this email, required because unfortunately Florida is 25 years behindthe federal courts in providing a system like PACER, Public Access to Court Electronic Records, providing records foronly 10 cents a page, with a $3 limit, and accessed from my home.


Sincerely,

Neil J. Gillespie8092 SW 115th LoopOcala, Florida 34481Telephone: 352-854-7807Email: [email protected]


Mr. Gillespie,

I have attached theAmendedAO14-19, issued on May 23, 2014, for your review. Please read the language starting at the bottom of page fourthat describes the mandatory approval process which must be completed before images of court documents can be provided on-line to thepublic. The process provides time frames within which each Clerk may apply for approval to provide on-line access to court images inaccordance with the amended AO, receive initial approval by the Florida Supreme Court, complete a 90 day pilot program and then receivefinal approval by the Florida Supreme Court. Until a Clerk's process is finally approved by the Florida Supreme Court, that Clerk is notauthorized to provide on-line access to court images to the public.


While there are great strides being made in reaching the state-wide goal of providing on-line accessto court records, it is not possible inMarion County at this time for the reasons stated above. Please remember that you are able to view all court documents, except for those thathave been sealed or redacted, in person as you have always been able to do. AO14-19 only applies to electronic images of court records being

provided via the internet.


Sincerely,


Name:Neil J. GillespieEmail:neilgillespie@mfKatherine P. Glynn, Esq.

Chief Deputy of Courts forDavid R. Ellspermann, Clerk of the Court and ComptrollerP.O. Box 1030Ocala, Florida 34478-1030(352) [email protected]

i.netPhone: 352-854-7807

Message:Marion County Clerk of Court: I am a non-lawyer who would like online access to court records as provided by Supreme Court OrderNo. AOSC14-19. The Florida Bar News reported April 15, 2014 "S. Court lifts moratorium on online access to court records" Below

Page 3 of 4

8/22/2014


31/33

are links to Order AOSC14-19, http://www.floridasupremecourt.org/clerk/adminorders/2014/AOSC14-19.pdf and The Florida BarNews storyhttp://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/9cdb63d357bf976585257cb30042ab11!OpenDocument Thank you in advance for the courtesy of a response. Sincerely, Neil J. Gillespie 8092 SW 115th Loop Ocala,Florida 34481 Telephone: 352-854-7807 Email: [email protected]


Page 4 of 4

8/22/2014


32/33

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Home Agencies Civil Rights Division About Criminal

Civil Rights DivisionHome

About the Division

Appellate

Criminal

Human TraffickingProsecution Unit

Statutes

Cases

Disability Rights

Education

Employment

Federal Coordination and

ComplianceHousing and CivilEnforcement

Office of Special Counselfor Immigration-RelatedUnfair EmploymentPractices

Policy and Strategy

Special Litigation

Voting

Working Groups

How to File a Complaint

Press Room

Cases and Matters

Publications

EmploymentOpportunities

Civil Rights FOIA

Contact the Division

DEPRIVATION OF RIGHTS UNDER COLOR OFLAW

Summary:

Section 242 of Title 18 makes it a crime for a person acting under colorof any law to willfully deprive a person of a right or privilege protected

by the Constitution or laws of the United States.

For the purpose of Section 242, acts under "color of law" include actsnot only done by federal, state, or local officials within the their lawfulauthority, but also acts done beyond the bounds of that official's lawfulauthority, if the acts are done while the official is purporting to orpretending to act in the performance of his/her official duties. Personsacting under color of law within the meaning of this statute includepolice officers, prisons guards and other law enforcement officials, as

well as judges, care providers in public health facilities, and others who

are acting as public officials. It is not necessary that the crime bemotivated by animus toward the race, color, religion, sex, handicap,familial status or national origin of the victim.

The offense is punishable by a range of imprisonment up to a life term,or the death penalty, depending upon the circumstances of the crime,and the resulting injury, if any.

TITLE 18, U.S.C., SECTION 242

W hoe v er , u n d e r c o l o r o f a n y l aw , st a t u t e , o r d i n a n c e,

r e g u l a t i o n , o r c u s t om , w i l l f u l l y s u b j ec t s a n y p e r s o n i n a n y

S ta te, Ter r i t o r y , Com m onw ea l t h , Possess i o n , o r D i s t r i c t t o

t h e d ep r i v a t i o n o f a n y r i g h t s, p r i v i l e g es , o r imm un i t i e s

secu r ed o r p ro te cte d by the Cons t i t u t i o n o r l aw s o f th e Un i t e d

S ta tes , . . . sha l l be f i n ed un de r th i s t i t l e o r im p r i s oned no t

mo r e t h a n o n e y ea r , o r b o t h ; a n d i f b od i l y i n j u r y r es u l t s f r om

the ac t s comm i t t e d i n v i o l a t i o n o f t h i s sec t i o n o r i f su ch ac t s

i n c l u d e the use, a t t emp t ed use, o r th r ea tened use o f adange ro us w eapon , exp l o s i ves , o r f i r e , sha l l be f i n ed unde r

t h i s t i t l e o r imp r i so n e d n o t mo r e t h a n t en y ea r s , o r b o t h ; a n d

i f d e a t h r e su l t s f r om t h e a c t s c omm i t t e d i n v i o l a t i o n o f t h i s

sec t i o n o r i f su ch ac t s i n c l u d e k i d n ap i n g o r an a t t emp t t o

k i d n a p , a g g r a v a t ed s ex u a l a b u s e, o r a n a t t emp t t o c omm i t

agg r a va ted sexua l abuse, o r an a t t emp t t o k i l l , sha l l be f i n ed

u n d e r t h i s t i t l e, o r im p r i s o n ed f o r a n y t e rm o f y e a r s o r f o r

l i f e , o r bo th , o r m ay be sen ten ced to dea th .

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