David Rowland,Thirteenth Judicial Circuit FL, Provide Records Rule 2.420

7/28/2019 David Rowland,Thirteenth Judicial Circuit FL, Provide Records Rule 2.420

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VIA U.P.S. No. 1Z64589FP294792883 June 3, 2013

David A. Rowland, General CounselThirteenth Judicial Circuit Of FloridaLegal Department800 E. Twiggs Street, Suite 603

Tampa, Florida 33602

Dear Mr. Rowland:

Enclosed is a copy of an Invoice: Judicial Records Request I received from Sandra Burge. Theinvoice contains false and/or misleading information:

Your request for records, copies ... submitted on May 16, 2013 via e-mail and May 20,2013 via UPS Ground is being handled as a request for judicial records under FloridaRule of Judicial Administration, 2.42(i).... Upon receipt of payment the copies will bereleased to the address shown above via U.S. mail.

Rule 2.42(i) does not exist, there is no such rule. Rule 2.42(i) does not appear in the FloridaRules of Judicial Administration. In the past you treated my public records requests as a requestfor judicial records pursuant to Rule 2.420, Florida Rule of Judicial Administration. Pleaserespond pursuant to Rule 2.420.

Ms. Burge wrote at footnote 1 to Number of copies 98 the following:

In order to ensure compliance with your request, a copy of the entire package ofdocuments received on December 11, 2012 is being provided including a copy of thefront of an unlabeled CD and the received date stamped back of the CD envelope as wellas a copy of the received date stamped envelope in which the documents were received.All documents received in the Legal Department from outside of the courthouse are datestamped upon receipt. No log of received documents is maintained.

The invoice shows Total advanced payment due $33.32 and:

Advance payment must be made by money order or cashiers check. The payment mustbe made payable to BOCC, with a notation on the money order or cashiers check clearlystating: Judicial Records Request Advanced Payment.

In the past I paid for records requests by money order payable directly to the provider, the Clerkor the Court, not to the BOCC, which is the Board of County Commissioners of HillsboroughCounty. What accounts for the change in procedure? The online BOCC Records Departmentinformation states County government dating back to 1846 can be researched through theofficial minutes of the meetings of the Board of County Commissioners. Ordinances, resolutions,agreements and the official minutes of the Board of County Commissioners are available.

Mr. Rowland, I requested judicial records, not BOCC records. (Rule 2.420, Fla. R. Jud. Admin.)


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David A. Rowland, General Counsel June 3, 2013Thirteenth Judicial Circuit Of Florida Page - 2

My records request shows delivery to the Thirteenth Judicial Circuit by UPS on May 17, 2013 at

11:35 AM, signed for by Trador. Enclosed you will find a composite of UPS tracking andproof of delivery documents for tracking number 1Z64589FP291464859, which is the sametracking number that appears on my records request to you dated May 16, 2013, copy enclosed.

Mr. Rowland, your response to my records request, by and through Ms. Burge, is not incompliance with the Florida Rules of Judicial Administration. Also, I do not appreciate effortsby you and your staff to create a false record of the date UPS delivered my request to youroffice, the statement by Ms. Burge that my request was delivered May 20, 2013 via UPSGround. Ms. Burge is wrong; it was delivered May 17, 2013 at 11:35 AM.

Mr. Rowland, you need not demonstrate time and again that you and your staff are dishonest, orthat the Thirteenth Judicial Circuit is a black hole of injustice. Those facts are public knowledge,thanks in part to the grand jury presentment December 8, 2000,An Investigation Into JudicialMisconduct In Hillsborough County. Therefore a reasonable person could conclude the truth ofthis fact is so well known that it cannot be refuted. See Fla. Stat. 90.201-207, Judicial Notice.

Mr. Rowland, is Sandra Burge a Florida Registered Paralegal as defined by Rule 20-2.1(b) of theRules Regulating The Florida Bar? Your professional conduct, and that of Mr. Nauman, isregulated The Florida Bar. If Ms. Burge is a Florida Registered Paralegal, her conduct isregulated by The Bar. If not, Ms. Burges conduct is not regulated, and I request no furthercontact from her. Instead, please respond personally, or designate someone to respond who isregulated by The Florida Bar. I expect to make additional records requests and do not wishcontinued misconduct therein by an unregulated person of dubious character and training.

While the invoice provided by Ms. Burge is dated May 21, 2013, it appeared at my home fourdays later, May 25, 2013, and was received after the usual mail delivery. The envelope was not

found in my U.S. Postal Service mailbox, but in the cubby, a term for a second container underthe mailbox for non-U.S. mail items like flyers, designated for such use by the developer of OakRun, the 55+ community where I live. As such, the U.S. mail is not an expeditious way toprovide the records. And I do not understand Ms. Burges statement that Upon receipt ofpayment the copies will be released to the address shown above via U.S. mail.

In lieu ofreleasing copies to an address via the U.S. mail , enclosed you will find a pre-addressedUPS Ground return shipping label from my UPS account. You may attached the label, which Iplaced for you in a self-adhering plastic pouch for shipping labels, so that you may ship therecords to me via UPS Ground return service with a tracking number. That will eliminate anyvagaries of the U.S. mail. For your information, all UPS Ground shipping within the state ofFlorida is delivered next day, unless shipped on Friday.

Given the issues you and your staff have concocted with UPS shipping, I plan to personallycontact Mr. D. Scott Davis, Chairman & CEO of United Parcel Service, Inc., Atlanta, Georgia.Mr. Davis is aware of Petition No. 12-7747 because I provided him a copy.

In January 2013 I sent a letter of appreciation to Mr. Davis acknowledging the local UPS driver

Randy Brices who assisted me getting Petition No. 12-7747 to the Supreme Court on time. My


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David A. Rowland, General Counsel June 3, 2013Thirteenth Judicial Circuit Of Florida Page - 3

letter must have made a good impression. Randy called me and said Mr. Davis personally

thanked him, and that Mr. Davis had my letter mounted on a plaque which was presented toRandy during a driver appreciation ceremony at the UPS depot in Ocala, Florida.

Mr. Davis is a fellow alum of The Wharton School; he of the Advanced Management Program,

and me of the Evening Division. I will ask Mr. Davis about Rule 29 proof of service and UPS,and your misrepresentation to the Florida Attorney General that I did not provide (by UPS) mypetition to you December 11, 2012 as counsel for the Thirteenth Judicial Circuit, Florida.

Mr. Rowland, please respond to my records request as provided by Rule 2.420, Fla. R. Jud.Admin. Please ship the records to me using the enclosed UPS Ground return shipping label.Kindly remove the $3.77 charge for postage in your response under Rule 2.240. Upon receipt ofa corrected invoice, I will pay you for the records with a U.S. Postal Service money order. Oninformation and belief, payment should be made to the Thirteenth Judicial Circuit, and not theBOCC. If you believe otherwise, please inform the undersigned, with a citation to rule or law.Also, what options are available to view the file and the records in person? Please advise.

Thank you in advance for the courtesy of a prompt response, made in accord with the laws ofFlorida, either by you personally, or a legal professional regulated by The Florida Bar. Pleaserespond as Court Counsel for the Thirteenth Judicial Circuit, Florida on letterhead of the legaldepartment. Do not provide a response on plain paper as done by your paralegal assistant.

Sincerely,

Neil J. Gillespie8092 SW 115th LoopOcala, Florida 34481

Enclosures: UPS return shipping label for you to send me the records. (1Z64589F9096784818).Invoice as provided by Sandra Burge; Records request submitted May 16, 2013 via UPS#1Z64589FP291464859, and UPS proof of delivery/tracking for #1Z64589FP291464859,delivered May 17, 2013 at 11:35 AM to the Thirteenth Judicial Circuit.

Cc: Gov. Rick Scott, VIA UPS No. 1Z64589FP294496908Attorney General Pam Bondi, VIA UPS No. 1Z64589FP292245692

Chief-Assistant Attorney General Diana R. Esposito VIA UPS No. 1Z64589FP292522516

Email Cc: Gov. Scott, AG Bondi, AAG Esposito, ABA service list; Florida Bar service list;Mr. Anderson, Chair, 13th Circuit JNC; Sixth Circuit Grievance Committee D.


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INVOICE: JUDICIAL RECORDS REQUESTMay 21, 2013

Neil J. Gillespie8092 SW 115th LoopOcala, FL 34481Mr. Gillespie:Your 'request for records, copies .. . ' submitted on May 16,2013 via e-mail and May 20,2013via UPS Ground is beil1g handled as a request for judicial records under Florida Rule of JudicialAdministration, 2.42(i). Advance payment must be made by money order or casbjers check. Thepayment must be made payable to BOCC, with a notation on the nl0ney order or cashiers checkclearly stating: Judicial Records Request Advanced Payment.

Number of copies 98 1@ .15 per pageCD Duplicate2U. S. Mail PostageTotal adval1ced payment due

$ 14.55$ 15.00$ 3.77$ 33.32

Payment should be mailed to:David Rowland, General CounselThirteenth Judicial CircuitLegal Department800 E. Twiggs St., Suite 603Tampa, FL 33602

UpOII receipt of payIIle:nt tIle copies will be released to the address .ShO\\t1.1 ab()'ve via U.S. mail.

1 In order to ensure compliance with your request, a copy of the entire package of documents received on December11, 2012 is being provided including a copy of the front of an unlabeled CD and the received date stamped back ofthe CD envelope as well as a copy of the received date stamped envelope in which the documents were received. Alldocuments received in the Legal Department from outside of the courthouse are date stamped upon receipt. No logof received documents is maintained.2 The request states 'Provide a copy of the cover and CD itself... '


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Hasler13th JUDICIAL CIRCUITLEGAL DEPARTMENT 05/21i2013 et:U"U"""800 E. TWIGGS STREET, SUITE 603 ~ , t i t c j : j ~ TAMPA, Florida 33602

.. i ; . ; ~ ZIP 3~ 011 D11Neil J. Gillespie8092 S\\l 115th LoopOcala, FL 34481

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VIA U.P.S. No. 1Z64589FP291464859 May 16, 2013

and [email protected]

David A. Rowland, Court Counsel

Thirteenth Judicial Circuit Of Florida

Legal Department

800 E. Twiggs Street, Suite 603Tampa, Florida 33602

Dear Mr. Rowland:

This is a request for records, copies of the following documents I served you December 10,

2012, and were delivered December 11, 2012 to the Thirteenth Judicial Circuit, Florida:

1. U.S. Supreme Court Petition, Gillespie v. Thirteenth Judicial Circuit, Florida, et al.

2. Rule 39 motion for leave to proceed in forma pauperis

3. Rule 29 proof of service, December 10, 2012

4. Compact Disk (CD) containing PDF files of the separate volume appendices.(Provide a copy of the cover and CD itself, not the contents of the CD)

5. My cover letter to the Clerk of the U.S. Supreme Court, December 10, 2012

The petition, Rule 39 motion, Rule 29 proof of service, CD, and cover letter, were served on you

December 10, 2012 as provided for by Rule 29, by United Parcel Service (UPS), tracking no.

1Z64589FP297520287. UPS records show delivery the next day, December 11, 2012 at 10:55

AM to your address, Thirteenth Judicial Circuit, 800 E. Twiggs Street, Tampa, Florida 33602.

The UPS proof of delivery for 1Z64589FP297520287 December 11, 2012 shows DAVIS at

the front desk signed for the delivery, and shows an image of the signature D. Davis. A seven

(7) page composite of the UPS proof of delivery and tracking documents is enclosed.

Also provide copies of any logs showing receipt of the documents. For the documents, include

copies of the date-stamp received December 11, 2012 by your office, court counsel, and/or the

date-stamp of any other person, judge, office, or entity of the Thirteenth Judicial Circuit, Florida.

Time is of the essence. Provide the records immediately. Thank you.

Sincerely,

Neil J. Gillespie

8092 SW 115th Loop

Ocala, Florida 34481

Via email with attachments: K. Christopher Nauman, Assistant Court Counsel; Sandra Burge

Enclosures: UPS proof of delivery and tracking documents for 1Z64589FP297520287


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Proof of Delivery

Tracking Number: 1Z64589FP297520287

Service: UPS Ground

Weight: 1.00 lb

Shipped/Billed On: 12/10/2012

Delivered On: 12/11/2012 10:55 A.M.

Delivered To: 800 E TWIGGS STTAMPA, FL, US 33602

Signed By: DAVIS

Left At: Front Desk

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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: 05/13/2013 7:43 P.M. ET

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Tracking Information https://wwwapps.ups.com/WebTracking/processPOD?lineData=

5/13/2013


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Track View Tracking History

Trackin g Detail A A AHelpPrint

1Z64589FP297520287

Updated: 05/11/2013 8:37 P.M. Eastern Time

Delivered

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Repor t a Claim

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Type: Package

Weight: 1.00 lb

Shipment Progress What's This?

Delivered On:

Tuesday, 12/11/2012 at 10:55 A.M.

Left At:

Front Desk

Signed By:

DAVIS

Proof of Delivery

Shipping Information

To:

800 E TWIGGS ST

TAMPA, FL, 33602, US

Shipped By

UPS Groun d

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9/13

Neil Gillespie

From: "UPS Quantum View" To: Sent: Tuesday, December 11, 2012 11:37 AMSubject: UPS Delivery Notification, Tracking Number 1Z64589FP297520287

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12/11/2012

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***Do not reply to this e-mail. UPS and Neil J .Gillespie will not receive your reply.

At the request of Nei l J. Gil lespie, this noticeis to confirm that the following shipment hasbeen delivered.

Important Delivery Information

Delivery Location: FRONT DESKSigned by: DAVIS

Shipment Detail

Ship To:David A. Rowland, Court CounselThirteenth J udicial Circuit Florida800 E TWIGGS STTAMPAFL33602US

____2@@2@@2uo95wcv____


Delivery Date /Time:

11-December-2012 / 10:55AM

Number of Packages: 1

UPS Service: GROUNDWeight: 1.0 LBS


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2012 United Parcel Service of America, Inc. UPS, the UPS brandmark, and the color brown are trademarks ofUnited Parcel Service of America, Inc. All rights reserved.For more information on UPS's privacy practices, refer to the UPS Privacy Policy.Please do not reply directly to this e-mail. UPS will not receive any reply message.For questions or comments, visit Contact UPS.

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Track Log-In for additional tracking details.

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1Z64589FP297520287 Updated: 12/11/2012 8:17 A.M. Eastern Time

On Vehicle fo r Delivery Today

Change Delivery

Request Status Updates

Addi ti onal In fo rmat ion


Type: Package

Weight: 1.00 lb

Shipment Progress What's This?

Scheduled Delivery:

Tuesday, 12/11/2012, By End of Day

Last Location:

Tampa, FL, United States, Tuesday, 12/11/2012

Location DateLocal

TimeAct ivi ty

Tampa, FL, United States 12/11/2012 6:58 A.M. Out For Delivery

12/11/2012 3:30 A.M. Arrival Scan

Orlando, FL, United States 12/11/2012 2:30 A.M. Departure Scan

Orlando, FL, United States 12/10/2012 11:46 P.M. Arrival Scan

Ocala, FL, United States 12/10/2012 9:24 P.M. Departure Scan

12/10/2012 7:11 P.M. Origin Scan

United States 12/10/2012 5:59 P.M. Order Processed: Ready for UPS

Shipping Information

To: TAMPA, FL, US

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UPS Groun d

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Neil Gillespie

From: "UPS Quantum View" To: Sent: Monday, December 10, 2012 6:14 PMSubject: UPS Ship Notification, Tracking Number 1Z64589FP297520287

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12/11/2012

UPS My Choicecan help you avoidmissed homedeliveries.

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This message was sent to you at the request ofNeil J . Gillespie to notify you that the electronicshipment information below has been transmittedto UPS. The physical package(s) may or may nothave actually been tendered to UPS for shipment.To verify the actual transit status of yourshipment, click on the tracking link below or

contact Neil J . Gillespie directly.

Important Delivery Information

Scheduled Delivery: 11-December-2012

Shipment Detail

Ship To:David A. Rowland, Court CounselThirteenth J udicial Circuit Florida800 E. Twiggs Street, Suite 603Legal DepartmentTAMPAFL336023558US

Click here to track if UPS has received yourshipment or visithttp://www.ups.com/WebTracking/track?loc=en_US on the Internet.

Number of Packages: 1

UPS Service: GROUND

Weight: 1.0 LBS



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For more information on UPS's privacy practices, refer to the UPS Privacy Policy.Please do not reply directly to this e-mail. UPS will not receive any reply message.For questions or comments, visit Contact UPS.

This communication contains proprietary information and may be confidential. If you are not the intended recipient,the reading, copying, disclosure or other use of the contents of this e-mail is strictly prohibited and you are instructedto please delete this e-mail immediately.Privacy NoticeContact UPS

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David Rowland,Thirteenth Judicial Circuit FL, Provide Records Rule 2.420