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Agenda 07/28/2009 Item # 6AJuly 15, 2009 Agenda Item No. 6A July 28, 2009 Page 1 of 32 COLLIER COUNTY OFFICE OF THE COUNTY MANAGER 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 252 -8383 • FAX: (239) 252 -4010 Rick Lussy 4033 Guava Drive Naples, FL 34104 Re: Public Petition Request to Discuss Loyalty Oath for Existing and Prospective Employees Dear Mr. Lussy: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of July 28, 2009, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. If the subject matter is currently under litigation or is an on -going Code Enforcement case, the Board will hear the item but will not discuss the item after it has been presented. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F ") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sin / Leo E. Ochs, Jr. Deputy County Manager LEO /jb cc: Jeffrey Klatzkow, County Attorney Agenda Item No. 6A July 28, 2009 Request to Speak under Public Petition Page 2 of 32 Please print Name:` �1 Address: �1U33 ��• ti� �� x)- tOJ ie-�L 3 41 v Phone: AT- Date of the Board Meeting you wish to speak: w (y Must circle yes or no: Is this subject matter under litigation at this time? Yes No Is this subject matter an ongoing Code Enforcement case? JOYQ Note: If either answer is "yes ", the Board will hear the item but will have no discussion regarding the item after it is presented. Please explain in detail the reason you are requesting to speak (attach additional page if necessary): Please explain in detail the action you are asking the Commission to take (attach additional page if necessary): ..1 'JW G ZOLA CADocuments and Settings \evelynprieto \Desktop \Forms & Procedures \Public Petition Request Form - 2008 new form.doc 69 L RICHARD LUSSY & ASSOCIATES Agenda Item No. 6A July 28, 2009 Page 3 of 32 Real Estate Appraisers, Analysts & Consultants Richard C. Lussy, MAI, SRA State Certified General Real Estate Appraiser RZ0001564 July 13, 2009 for 9/28/09, 9:00 am Collier County Commission Meeting VIA HAND DELIVERY 3301 Tamiami Trail East, Administration Building F, Naples, Florida 34112 II o Honorable Distinguished & Successful Collier County Commissioners: Donna Fiala #1 Dist. Frank Halas #2 Dist.; Tom Henning #3 District; Fred Coyle #4 District, and Jim Coletta #5 District. Copy to Inspector General S. Rumph, Department of Management/Purchasing Tallahassee Florida. His Florida Statewide Job Description includes Felony Oath Fraud, —' Fraud, Abuse etc etal. Less than 10- minute speech by Honorable Rick Lussy Esquire: PURPOSE: Request attached OATH for monopoly gov't EMPLOYEE ongoing employment, are not above the law2 and Fla. Inspector General S. Rumph to address bogus illegal 1978 constitution revision 'Proposed Florida Statute 91.002(70.) Felony Oath Fraud Abuse "defined' (1) I was for the oath before I was against the oath just taken. (2) government officials are against it allowing 100% JTV /JTV (definition #51); whereby Article II Section 5(b) 1968 Florida State Constitution was permanently voided by Fla. Bar Ass'n members enforcement of THEIR bogus illegal 1978 constitution revision authored by Florida State Supreme Court denial of 100% JTV (jury trial verdict) to NOT enforce Traffic Ticket Fla. Statute 316.650(9) (definition #99) [BECAUSE JUDGES GET FREE NO TRAFFIC TICKETS], (3) Taken as obligatory to secure monopoly government employment, then with judge job discretion void the oath just recently taken under the sole vendor Fla. Bar Ass'n job monopoly that refuses to sue itself. (4) Is over $501 the felony dollar limit as judges salaries are over $501 per Exhibit A- 2455 /ZZZ. (5) Sworn to uphold laws not violate them & not make them up extent in the process of interpolation inside existing Rule of Law (definition #86). (6) It is taking the pre - employment loyalty oath to enforce the 1968 Florida State constitution then crossing his /her fingers to secure Gov't monopoly employment only to use that newly acquired discretion for gov't largeness by selfish profit & for the opposite purpose of the 1968 Fla. State Constitution, opposite to Florida Rule of Law in contempt to the Executive & Fla. Legislature. An illustrative example is the Florida State Supreme Court authoring 1978 constitution revision to permanently void their oath by permanently voiding 1968 Fla. Constitution Article I Section 21 Open Courts & Section 22 Jury trial with full support of Lock Box Oath (definition #59) minions of Fla. Bar Ass'n membership posse' exceeding 78,000 (5/1/2005) lawyers against the public purpose by refusing to sue themselves, for the same price they sue non - lawyers. (8) in Florida comity with USC (United States Code) Chapter 1346 "Honest Services Fraud ": Public officials (judges) have inherent fiduciary duties to the public, and that violations of such inherent fiduciary duty are proper predicates to convictions under Chapter 1346, even if an underlying state law or regulation was not violated." Page 12 of 14. See Ian D. Lanoff, Mark C. Nielson Groom Law Group, Chattered NAPPA Winter Meeting February 2006 (14- pages). • (a) Analysis: A reason is why 3 -year juris doctor law school does not require as core course (moot court) jury trial verdict & what is not taught in 3 -year juris doctor law school is not learned in 3 -year juris doctor law school. • (b) Analysis: A reason is why 3 -year juris doctor lawyer judges routinely give free on an unsolicited basis to 3 -year juris doctor lawyers making it up as they go along. • (c) Analysis 3 -year juris doctor lawyer judges order 3 -year juris doctor lawyers not to allow 100% JTV (jury trial verdicts) in that JUDGES & ibid lawyers don't know how to do one, yet charge gullible non - lawyer clients the same as more Girmy Pig Public practice. • (d) Analysis the Florida Judiciary is mis- managed & unable to change by self administration. • (e) Analysis the Florida Judiciary is owned - controlled & manipulated in oath, lock, stock & book by the interlocking directorate of the Fla. Bar Ass'n. • (f) Analysis 3 -Year Juris Doctors in overt Fla. Bar Assn use the complaint process as a chamber of commerce to heighten their "professional" infamous status. • Lg] Analysis 3 -year juris doctors obligated in LOCK BOX OATH'S required by Admission To The Florida Bar Ass'n demand respect to themselves & exclude the Executive & Legislative Branches of Florida Monopoly Government that pay 100% for the infamous illegal belligerent self made law of the incompetent Florida Judiciary. • (h.) The 3 -year juris doctor Fla. Bar Ass'n members are threatened by non - lawyers suing corrupt 3 -year juris doctor Fla. Bar Ass'n members confronting bogus public records that cannot be proven a ,/k /a illegitimate stare decisis/Ponzi Scheme /rubberstamping from hearsay judge court orders, raise Xeroxing to a fine art. West Coast Appraisal Office: 4033 Guava Drive, Naples, Florida 34104 0 Phone (239) 263 -5413 � FAX (239) 263 -5413 Agenda Item No. 6A July 28, 2009 Page 4 of 32 My request is one to include this Loyalty Oath for existing & prospective Collier County monopoly Government employees including Collier County Attorneys Office to sign this Loyalty Oath as under the Rule of Law ibid (footnote #2). Attached exhibits include the following: Request to Speaks Under public Petition hand delivered Monday, July 13, 2009, Florida Statute 1.01 Definitions including OATH (5) that includes affirmations Uniform Commercial Code, Florida Statute 672.201(1) ...price of $500 or more be in writing... . Florida State Constitution Exhibit A -2252 allowing Section 22 Jury Trials, Florida State Constitution Exhibit A -2253 requiring Article II Oath for public employment, Fla. Attorney General chief law enforcement officer Exhibit A -2808 to take Oath via Inspector General. Oath of Admission to The Florida Bar Ass'n Exhibit A -2337 Loyalty Oath for Martin County Property Appraiser Election Exhibit A -2441 Florida Republica Code of Conduct for Martin County Property Appraiser Election Appraisal Journal "expert" 3 -pages note above minimum Fla. State Cert. General R.E. Appraiser. KING PIN FLA.STATUTE Florida Statute 874.02, 2- pages, to work inside monopoly gov't. Judge Salaries Exhibit A- 2455/ZZZ Green Machine Exhibit A -2552 from Martin County Property Appraiser Election. Total of 16 -pages I only request you incorporate this loyalty oath for existing & prospective new employees for the reason the Florida Government refuses 100% JTV (jury trial verdicts) to enforce existing no brain (easily read & understood) law. For which I can prove only in a 100% JTV (jury trial verdict). Sincerely, W13-1 Rick Lussy MAI, SRA 4033 Guava Drive Naples, FL. 34104 Phone (239) 263 -5413 Electronic Mail: ricklussy @yahoo.com 2What is the "rule of law "? Question #12 on U.S. Citizenship & Immigration Services Test beginning Oct. 1, `08. Answer: Everyone must follow law. Leaders must obey law. Gov't must obey the law. No one is above the law. Agenda Item No. 6A July 28, 2009 Page 5 of 32 PROPOSED FLORIDA STATUTE 91.028 JbYALTY OATA FOR ALL GOVT EMPLOYEES Lawyers without discrimination F.S. 112.042(1) & (2)3 & F.S. 768.28(9)(a) Waiver of Sovereign hnmur I certify that, to the best of my knowledge & belief, as existing or prospective lawyer or non - lawyer employee within monopoly Florida Government: 1.) The statements of fact contained in this oath are true and correct. 2.) I do solemnly swear (or affirm) that I will support, protect, and defend the sovereign 1968 Florida State Constitution and Constitution of the sovereign Government of the United States including subsequent constitutional amendments voted & approved by the Florida Electorate. 3.) 1 further state the 1978 constitution revision authored and administered by the Florida State Supreme Court had never been adopted by Executive, Legislative of Florida or Internal Revenue Service (U.S. Treasury Department) & has not been approved by voters of Florida State these 31 -years formerly applies to the over 78,000 Florida Bar Association monopoly members & cannot be enforced in a Florida court of law. 4.) I further state no Article II employment oath cannot deny 100% JTV. /JTV (jury trial verdict with 1- camera on judge television pursuant no brain (easily read & understood) Florida Statute 60.084(4)) for crimes of less than one -year in jail or less than the felony limit of $501 the result in Honorable Rick Lussy's thrown 1988 -2008 six Martin County Property Appraiser Elections from bogus gov't records & bogus traffic tickets of "he said you said "quote "' self promotion, self administered impunity by express omissions and 100% concealment to the check(s) & balance(s) of a complete jury trial verdict without quid pro quo bureaucratic one hand washing the other hand "teamwork" or "Lock Box Oath" against existing law, targeting Honorable Rick Lussy Esq. in a example case of the green machine's use of 100% govt workers against monopoly goverment use of express omissions with 100% concealment to no jury trials. 5.) 1 promise I will never be intentionally insubordinate to the majority Executive, Legislative or Internal Revenue Service (U.S. Treasury) as serving their policy interests of monopoly government for good. 6.) I promise that I am not working as double agent to sabotage public interest Fla. Gov't for whom I have made this employment application to secure public civil service employment & not to lie for a living. 7.) 1 promise I will sue corrupt judges & /or corrupt lawyers that use selfish profit, for malice & /or unqualified/incompetence attributed to interlocking directorate of crony, cabal, cartel Fla. Bar Association so as to not conflict with the existing sovereign Florida Statute 76828(9)(a) Waiver Sovereign Immunity. 8.) I promise I am not crossing my fingers, not crossing my toes or eyes, not crossing my legs or crossing my arms thereby nullifying this oath intended to promote public good in honest civil service employment as I am against lying for a living to secure the public purpose of public employment. 9.) I promise my compensation in salary or as short term contract employee or as independent contractor under my authority includes my government salary that exceeds $501 may be audited by IRS (U.S. Treasury Department) to assure 100% W -9's & W -9(b) for 1099 Independent Contractor IRS Status. The money paid by Executive & Legislative Branches includes judge ordered SSW (secret surveillance warrants) hiring SSA (sabotage surveillance agents) easily described as interloper others with others in association with others i.e. a green machine use of 100% government workers against govt existing no brain law & conceal jury trials. 10.) Reported analysis, opinions, and conclusions of my work product on behalf of Executive & Legislative Branch with IRS (U.S. Treasury Dept.) are limited only by reported assumptions and limiting conditions, & are my personal, impartial, and unbiased professional analyses, opinions, & conclusions. Photo monuments of justinhoard (justice hoarding) employees will be self maintained at their residences(s). 11.) 1 have no bias with respect to the policies of the Florida Executive & Legislative Branches policy. 12.) My engagement in this assignment /employment was not contingent upon developing or reporting a predetermined results other than to facilitate the Executive & Legislative Government Policies in unison with the IRS (:U.S. Treasury Department) for public policy of doing good in public purpose not self interest. 13.) My analyses, opinion, and conclusions were developed, and this employment is intended to be prepared, inconformity with known Florida Law and the existing 1968 Florida State Constitution. 14.) No one provided significant professional assistance to the person signing this oath OATH TAKER: /S/ Rick Lussy Florida Bar Ass'n Number Not Apply Date: 7/13/09 Mycuua 1=114 ivv. Un July 28, 200J Page 6 of 32 EXHIBIT `B" Honorable Mr. Mike Sheffield (252 -8383) provided this Loyalty Oath. I have an e -mail in to - nunidlebrook(a,ciis20.org on if a loyalty oath exists for Florida Judges - Lawyers other than the Oath of Admission to the Florida Bar Ass'n, copy in your first exhibit. My concern is the Judges- Lawyers have no loyalty oath, say they are self regulating while permanently voiding Florida Statue 768.28(9)(a) Waiver of Sovereign Immunity for malice. If this Florida Statute were enforced by Florida Judges - lawyers Collier County would not have paid over millions of dollars in attorney fees in Dwight Brock Fla. Bar Ass'n monopoly member #347248 verses Collier County. On Monday, July 13, 2009 Dwight Brock told me personally in his office all civil cases are the same. As in no jury trials are allowed to me. The 100% jury trial verdict is the ONLY check & balance to judges - lawyers that self serve. In this case over millions of dollars to attorney fees WITHOUT check & balance of a 100% jury trial verdict. I add, judges routinely use SSW (secret surveillance warrants) to hire SSA (sabotage surveillance agents) to target Executive & Legislative meembers to grow their own power & influence in Florida Government, Without 100% jury trial verdicts we have 990 + 1 Florida judges that have limitless power while targeting non - lawyer Executive & Legislative members of Florida Government. Sincerely, Rickt:Tssy MAI, SRA RICHARD LUSSY & ASSOCIATES 4033 Guava Drive Naples, FL. 34104 Phone (239) 263 -5413 Electronic Mail: ricklussy(k'vahooxom Attachments: Collier County Loyalty Oath Exhibit A -2471 (1 of 2) Waiver of Sovereign Immunity Exhibit A -2613 International Notary Public Law cannot notarize own signature Exhibit A -2832 Honorable Yale T. Freeman advised me of a 1978 constitution revision not known to non - lawyer 2012 Martin County Candidate Property Appraiser: Honorable Rick Lussy Esq. Exhibit A -2481 -2482- 2483 -2490 from Wyoming Lawyer Gerry Spense Esq. Exhibit A -2872 Naples Daily News Reporter Brent Batten "millions of dollars in atty fees in Clerk Brock Fla. Bar Ass'n monopoly #347248 verses Collier County "Bill gives commissioners upper hand. Naples Daily News Reporter Mitchell Peltier. 11- a es attache . V Richard Lussy & Associates Agenda item No. OA July 28, 2009 Page 7 of 32 6 COLLIER CO -N 1 it GOVERNMENT i/RNMEltT SUPPORT SERVICES DraSIONI 8341 S TAMIAMI TRAIL NAPLES. FL 3411 HVMAAT RESOURCES DEPARTMM'T (041) 714 -8400 FAX (941) , ,4 -8486 ww-w jobG0AconiarvM.zLwt LOF4L?T'O.47H I, , a citizen of rite State of (Print Navie) Florida and of the L idled States of _9nrerica, and/or aztthori„ed to +work in the United Slates ofAmerica, and being employed bt; or art ofCer of, the Collier Count), Board of Conner Commissioners and a recipient of public fends as such employee or officer, do hereby solemnly sit-ear or affirm that I gill support rite Constitution of the United States and of rite Stage of Florida. Signature Date & Constitution :View Statutes Select Year: 2008 - - 1. r% 1 - >2008- >Ch0001- >Section 01 The 2008 Florida Statutes Title.._I CONSTRUCTION OF STATUTES Item Noe 2 of 2 flsenate.gov July 28. 2009 Page 8WP 1 of 2 Go Chapter, 1 View._ Entire _Chapter DEFINITIONS 1.01 Definitions. - -In construing these statutes and each and every word, phrase or where the context will permit: part hereof, The singular includes the plural and vice versa. (z) Gender - specific language includes the other gender and neuter. (3) The word "person" includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all groups or combinations. other (4) The word "writing" includes handwriting, means of forming letters and characters upon paper, stone, wood, or other materials. The w 'writing' also includes information which is created or'stoednting, and all other methods and retrievable in perceivable form. in any electronic medium and is rd (5) The word "oath" includes affirmations. (6) Reference to any office or officer includes any person authorized by law to perform Of such office. . m the duties (7) Reference to the population or number of inhabitants of any count other political subdivision of the state shall be taken to be that as shown by the last preceding official decennial federal census, beginning with the Federal Census of 1950, ,' town, village, or the state census and shall control in all population acts and constitutional apportionments, P edmg otherwise ordered by the Legislature. which shalt also be unless (8) The words "public body," "body politic," or "political subdivision" include counties towns, villages, special tax school districts, special road and bridge districts, bridge districts, all other districts in this state. ,cities, and (9) Crude turpentine gum (oleoresin), the product of a living tree or trees of the in gum- spirits -of- turpentine and gum resin as processed therefrom, shall be taken and unders tood to be agricultural products, farm products, and agricultural commodities. P e species, and (10) The term "natural barrier" when used with reference to the possession of real estate any cliff, river, sea, gulf, lake, slough, marsh, swamp, bay, Lagoon, creek, saw grass area like. a includes or the (11) The words "registered mail" include certified mail with return receipt requested. (12) Whenever the terms "agriculture," "agricultural purposes " similar import are used in any of the statutes of the state, such terms include aquacut ture agricultural uses," or words of horticulture, and floriculture; aquacultural purposes, horticultural purposes, and floricultural Purposes; aquacultural uses, horticultural uses, and floricultural uses; and words of similar im port applicable to agriculture are likewise applicable to aquaculture, horticulture, and floriculture. pure. http: / /v, m_flsenate.90v /Statutes /index_r,frng —„ ,) 9_ A __ Florida Commercial Relations Code Section 672.201 - Uniform Commercial Code: Sales ... Pa 1� Agenda ItemRo. July 28, 2009f Page 9 of 3 onede Search COURT OPINIONS Florida Commercial Relations Code Ad. byC.00glr V V Stop collector Section 6 2.201 - Uniform 7 Harassmmennt 115 Supreme Crn+rt Commercial Code Sales - Formal Attorney case Review a Help to Sue Harassing US Tax Court requirements; statute of frauds. Debt Collectors for Free] CdfecaonStopper, mm Board of Patent Appeals lx;al Research Honor > Fl,rnda t a—er > Oinnnercial Relations > Florida Commercial Relations Code Section 672.201 - Uniform Commercial Code: Sales - Debt Statute Limitations Formal requirements; statute of fraud& Reduce Credit Card Debt STATE LAWS to ZERO Restore Credit ...---------- --- - --- Score to New High Sponsored Lucks vn. a GetR dOf0.bd/w. el Alabama Arizona Commercial Debt Relief Naples Shutter Inc S them Moving, Inc. Make The Move To Become Debt Free, Call Today: (877) SholIVSare/Ligb(wiligWAlk adebie CAN today for a sea Lbls:and eliable 7 ve ew.ten.te F ECalifornia O A.S. -O.TV naeeta O Lien Filing service Debt Statute Limitations net Florida Construction Latin F Reduce Credit Card Deb( to ZERO Reston Crest score Flo rich vevw ereuleinigooin flddces 122. tine i7s to New "0 - vnw.GrRnOlpeyN —reel a GronAia Sal. Agreement Fn Debt eolettors Hate Uf Contract Compliance Easily trace ■ are Ar"Ment for Goods, Equipment, Free Case Review 6 ' b ' Improve Contrac persanr pnperty Deb( Collectors. Comptianoe w /our Web - Ilbilois — La"Dwac0e1 C.abmorStonpw.corn Based App. Subscription Naples Stutter Inc Prityrlp Sruth— al—i Inc. Sirony3eMIL1(tltwelpnrAaordable Cam today for • 1Fae Affordable and Reliable Free EatYnresMo .Aribe.aomgoNWbilty Indiana artimre --w—r vvV rat Obtlgation .ww rupleaehwr.can V M Ada Or C—* V 1g Ad. by Googk M iLSS: +chnsetts Michigan Tide XXXIX COMMERCIAL RELATIONS Ne, ada Chapter 6172 UNIFORM COMMERCIAL CODE: SALES N W Ne„° .Ienev � 672.2ol Formal requirements; statute of frauds.- N a� New It � (i) Except as otherwise provided in this section a contract for the co Or North Carolina sale of goods for the price of $goo or more is not enforceable by way of action or defense unless there is some writing sufficient to Penn.11•::Inia indicate that a contract for sale has been made between the N 'texas parties and signed by the party against whom enforcement is 78 sought or by his or her authorized agent or broker. A writing is not Virginia insufficient because it omits or incorrectly states a term agreed 'b upon but the contract is not enforceable under this paragraph U Washington beyond the quantity of goods shown in such writing. U U US CODE (2) Between merchants if within a reasonable time a writing in y ------------ -. - - -- confirmation of the contract and sufficient against the sender is 0 received and the party receiving it has reason to know its ° E Cop, rights p contents, it satisfies the requirements of subsection (t) against U a q <'l;rneti such party unless written notice of objection to its contents is c v given within fo days after it is received- w W E � � a (3) A contract which does not satisfy the requirements of c rat "nr` subsection (1) but which is valid in other respects is enforceable: f a, .�hippink O m oo y� a O (a) If the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the N •~ - US CONSTITUTION seller's business and the seller, before notice of repudiation is 0 Cr received and under circumstances which reasonably indicate that p a o e rrcamltic the goods are for the buyer, has made either a substantial Z) beginning of their manufacture or commitments for their U 6 a .%rt. t- Ix,Gislatice procurement; or y ° m 6 Q- 7; O N o = 7 II - iSxi•rl,ficr (b) If the party against whom enforcement is sought admits in his U 3 .h 3 y „ > or her pleading, testimony or otherwise in court that a contract for [ Q 8 x z° Lrt. 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'uy < Av : od; o u p L O J n G M O 7 C '9 G* V c- Oc v O p■ O '^ 3 ; w Y o D Y °1 = Yo E V O Y V ¢ �- w D Y 9 m C C: O L O w Y9nN L Yy w■q uSL QY� pL pO �o Dw N.V■ q$>cd < FFuY E a �.E vEc °¢ :��, Ep Za n d8 Yc w -> L._pN haEismw 9JNa 7'CV 7 ua =_ -nup ^�N w'C�L _ QVLN V- C- iu O _ o b V V- Y A b C y a -` V y,.� O� 4° a Q m pZ C h C a G q w ¢ L O s �WwN O QL A3 a d NV� Y O CL Y "_aM >`c- c °D -E= g3DEo° o�_' a o'M _.Z T �v0 eve a d-Oe ` rnwE u oo - -L- c N U L - w G QL V d '` u m « m V a° Y w x L C 2 w c L .„ a_ ON Z C R ie 0. al ¢l¢da' Inx'aaDaw < °c�� <.=¢ <� ocNU o wy?cQ5�c; on QE d -NnpYI �O '�m0+0- _ Yl uLw y UGR W �L� W A E_ MISIT A -2252 Wv m� _m x W 'r •�'••.•rrar�[w C- 01 a �I Wi r < r _W rl �I 2' �r r; zl OI UI _U L < ; lyx8.2009 aDC N Y O�m-' i Of 72 . 5 U E E 2, NV O t C V 7 =oo _ a" S _ = C g_ - __ - ✓ r. ofi.a V=n ` n = X �g V Ye � o n a ° > Demo L u ° Y� c �E a ' G u m a -c q ° � - o°- ,c c M 3 rLO o ° e N e wo0 Ea a o Cq ai 0 no?Y 7 a3�u ° t E c a=5 u o 2 o8 _ F o - - oo c co 7s o °° E cG _ a ? ML - v c cu DE° w C 9 cu go Nm � °7 -A m i < ; -voi '• �nN -r a: _> °C� c -- Lc3 m:u> ° �OL1 w3 Lw °v�'S -y.q uL c',o° =o ; ci= nY= C °2CD SnoC C c w o�wNCm ° A> - - c a oc _ v o+ c =' m °_ mn ; c i n o o e ca w a uQ s q > m U w C O L -- O C d _ - U C O m G) N n L° t O - Y 4 S a m z- o'^ M _ c cc _ ? _ `v •, UN_e v .} a ,>.->E `vu Y o S =Eom E v =3L� O 5 � o m yc =3 O _ --= p. - - _ =c- =cd G° YSo a vmE_ ur>: u�N3og 4z =?L� LQ T < Cl NJ < amnZ °T O�nD�O CS50' -� N� L) v n� r/mnua i-.zwm«y uenwxnm-r/0naaAUOoxeYmUemezol(164:)-) June 12. 2007 rage Imt:z Agenda Item No. GA July 28, Page 12 bfS2fj Florida Attorneys General (1845 - Present) No. ATTORNEY GENERAL DATES OF SERVICE Joseph Branch 1845-1846 2. Augustus E. Maxwell 1846-1848 3. James T. Archer 1848 4. David P, Hogue 1848-1853 5. Mariano D. Papy 1853-1861 6. John B. Galbraith 1881-1868 T. James D. Westcott, Jr. 1868 9. Sherman Conant 1870-1871 J.B.C. Drew 1871-1872 H. Bisbee, Jr. 1872 13. A. Cocke 1873-1877 14. George P. Raney 1877-1885 .""" 1885'1889 16. Wiliam _ __________� '1903 17. _________� _ James B. Whitfield _1889 -------'- _ 18. _.____.___1903-1904 W.H. ]lio_______________________ 1SO4-100----'-- — _.19. _____________ Park Trammell 1909-1913 �______�_ Thomas F. 19n3'1817 � 2t_________ Van C. ��'�� 1W17-1Q�i -- __-2.2._______ Rivers Buford 1921-1925 23. J.Q.Johnmon 1Q35' |g27 _��___ ___ FredH�O�� _ 1927'1931 -- 2i��'------------ _ ��__� __ 1931-1938 2l G== -----'-- 1938 -1941 27 _l Tom Watson _______ 1341'1949 28. _- - _ Richard -_ - _ ��----------------' %9N9'1964 29 _ _ James W. Kynes _30. Earl Fokzloth_ ._1964-1965_____ 1965'1871 31. _ _ Robert 1971-1979 --� -- 32. -' - _ Jim Smith -__-__-_- 1979'1---'- -' - _33. Robert A.Butterworth 1987-2002 »* _ Richard E. Oonan 2UO2-2003 ~-� �i Charlie - - - --- 36. Bill McCollum _2VO3'2007 20]7'Present - Exhibit A-2A08 http://myfloridalegal-cornlpages.nsfl4492d797dcObd92f85256cb8OO55fb9712ld3e99c36cfb... 6/12/2007 14 Paragraph #1 Invocation Paragraph #2 Paragraph . #3 Paragraph #4 Paragraph #5 Paragraph #6 Paragraph #7 Paragraph #8 I1 Agenda Item No. 6A July 28, 2009 Page 13 of 32 The general principles which should ever control the lawyer in the practice of the legal profession are clearly set forth in the following oath of admission to the Bar, which the lawyer is sworn on admission to obey and for the willful violation to which disb ar- ment may be had. "I do solemnly swear: "I will support the Constitution of the United States and the Constitution of the State of Florida; "I will maintain the respect due to courts of justice and judicial officers; "I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor any defense except such as T believe to be honestly debatable under the law of the land; "I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of factor law; "I will maintain the confidence and preserve inviolate the se- crets of my clients, and will accept no compensation in connection with their business except from them or with their knowledge and approval; "I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged; "I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay anyone's cause for lucre or malice. So help me God." INTERLOCATORY APPEAL ISSUE #5, Page 1 of I. Erb A4 1— 011 tt/ 1 ld�� MMVA, J-wd� EXHIBIT A -2337 Ethihit A EX JjA f LOYALTY OATH "' July 28, 2009 Page 14 of 32 CANDIDATES WITH PARTY AFFILIATION (Secdons 576.05- 876.10, Florida Stakfts) STATE OF FLORIDA Hsztii"Crsanty COUNTY I (PLEASE PRINT) Richard "Rick C. Lussy • rw ..r... AYYA yR�AYYi Lan Nat" a citizen of the State of Florida and of the United States of America, ... and a canc�Id�atedt'irpublic office ... do hereby solemnly swear or affirm that I will support the Constitution of the United Stems and of the State of Florida. OATH OF CANDIDATE (Seddon 99.021, Florida Sbdut ns) I, Richard C. "Rick" Lussv MUMM PRSrr NAYS AS YON V4M ITTO AYPSAR ON TM SALLCT— NAYS RAY NOT M CNAN6EO AM= Mn SNa CWQUAUnWq am a candidate for the office of _ Martin County Property Appraiser , . I am a qualified elector of Martin County, Florida. I am qualified (eOUP1 under the Constitution and the Laws of Florida to hold the office to which I desire to be nominated or elected. I have qualified for no other public office in the state, the term of which office or any part thereof runs concurrent with the office I seek; and I have resigned from any office from which I am required to resign pursuant to Section 99.012, Florida Statutes. STATEMENT OF PARTY (Sectkm 99.=I, Florida Sbftbn) Ilamarnemberofthe Republican party. I am not a registered member of any other political party and have not been a candidate for nomination for any other political party for a period of 6 months preceding the general election for which I seek to qualify. I have paid the assessment levied against me, if any, as a candidate for said office by the executive committee of the political party, of which I am a member. UNDER PENALTM S OF PERIURY, i DECLARE THAT. I - HAVE -Rl:AD7HEFOFiEGOtNG:LiDYACYY OATFi;'.0�4TH OF CANDIDATE AND STATEINENT OF PARTY A]VD TEiAT7HE FACTS STATIlD.IN F- ACH ARE:TRUE. h,'�s�t, 4. _r1�:.+C .. ��.tL�: �+ •--- Ji.�_...._L.- .-'.iL-. SIGN HERE T °"7 '" Div f ',f'rh Signaft" of Candid:os Work Facsimile 319 West Third Street Stuart FL (561 ) 287 -4147 ( 941) 643 -1143 Mailing Addnms 34994 Dry Phone Fax Number S ti City DS-DE 24 (Rev. 5199) f.J Stags Exhibit A -2441 W 34994 sz :Bow" /7 Q Dab signed St;Oi 1 ",T �3 J0 x1glao HIJUVW 1 ,Agenda Item No. 6A July 28, 2009 - . Page 15 of 32 4 ca 1, FLORIDA REPUBLICAN CODE OF CONDUCT In order to restore and maintain the public's faith in the electoral process and demonstrate the high quality of the Republican Parry and its principles and ideals, this Code of Conduct is put fonh for all candidates seeking the Republican nomination far elective office in Florida on a federal, state and local basis for the 2000 elections. I, as a Republican candidate, will personally take responsibility for all campaign advertisements and communications in print, on television, radio or through any other medium. I will neither use nor allow any solicitations or appeals to bigotry based on race, ethnicity, gender, religion or national origin. I will Iimit any statements about my opponent(s) to legitimate differences regarding opinion, record, qualifications, experience, conduct and positions held. I will at all times tell the truth, with complete documentation from legitimate, verifiable' sources for any statements about my opponent(s). I will not use nor condone any misrepresentations, distortions, untruths; half- truths or innuendoes about my opponent(s) and/or my opponents' families. I will not condone a third party leveling unfounded or misleading charges about my opponent(s). I will do everything possible to ensure that those supporting my candidacy adhere to the principles outlined in this Code of Conduct and will repudiate any third -party attack leveled, about my opponent(s) that is in conflict with the Code. I will neither use nor condone any last minute unfounded or misleading statements 'that cannot be answered by my opponent(s) in time for election. I will at all times adhere to both the letter and the spirit of The Florida Republican Code of Conduct. I recognize that duty to my country; my state, my county and to the ideals and principles of the Republican Party outweigh my personal ambition for public office. If I am not successful in my candidacy for the nomination of the Republican Parry, I will not actively, publicly or financially do anything that in any way will jeopardize the candidacy of the Republican nominee. I, Richard C. Lus sy , as a c2ndidateror--P-roperty Appraiser do hereby accept the Florida Republican Code of Co uct as agree to conduct my campaign accordingly. Candidate n Ck" Lus Sy Republican Party Chairman .; IT County/Disu ict County P � 11 -2-000 1 A ril 11. 20b[h..: >�y -Date Date (00,4.1-4 1- n its) fail 2.100 4 �C��.,.`3.�L:�. '^►•rya ,_7, "w s j EXHIBIT E r w, abstract The Uniform Standards of Professional Appraisal Practice (USPAP) necessar- ily address wide - ranging appraisal practices. However, USPAP is currently presented with general binding require- ments and assignment - specific requirements intermixed, which inhibits the clarity of the docu- ment. The application and understandability of USPAP is greatly enhanced by Agenda item No. OA Julys 23, 2009 Page 17 of 32 USPAP —The Bottom Line: What to Do, What to Write by Thomas D. Boyle, MAI Man , v professional appraisers unfortunately view the Uniform Standards ofp rofessiouaAppr- trsall'lacrice (USPAP)' as a confusing document with overly restrictive requirements. On the contrary, USPAP allows significant latitude in providing yaluarion services. This flexibilI Y, however, does require a very care- ful study of the document. The purpose ofrhis article is to offer an alternative presentation of the USPAP requirements to highlight the flexibility permitted. While this article only ad- dresses the current (2004) edition of USPAP, an appendix fellows char addresses planned changes for the 2005 edition. This article presents a summary; if a question arises, USPAP itself should always be consulted. segregating the required Flexibility and Scope of Work binding elements as they Flexibility in providing appraisal sen•ices is critical given the incredible range of apply to common types of intended uses of assignment results as well as the range of clients and ocher in- assignments. such a format tended users. Flexibility under USPAP was greatly enhanced in 1999 when the crystallizes the flexibility Appraisal Standards Board (ASB) of The .Appraisal Foundation introduced into inherent in USPAP USPAP the concept of scope of work- This logical, but subtle modification has allowing both appraiser far- reaching ramifications for all appraisal practices. Many appraisers are begin - ning to realize the implications and liberties allowed by the scope of work con - and client improved ability ceps. However, many more are still menrally stuck in the restrictive 1990s, bound to properly focus on the by requirements that no longer exist or, worse yet, by imagined requirements that scope of work specific to never have been part of USPAP the assignment. Practitioners who are not availing themselves to the flexibility allowed un- der USPAP run three risks: (1) they may turn away potential assignments be- cause they believe the assignments are not permitted under USPAP; (2) they may lose assignments by overbidding based on a mistaken assumption of the scope of work necessary; or (3? they may rake the assignment, but then waste time by overdeveloping analyses beyond the client's intended use. The scope of work concept and the flexibility it affords are not a secret; to the contrary, the topic has been well publicized. In 2001, The Appraisal Journal 1. Appraisal Standards Board, bndorm Stondords ofProlessronolApproisol Procthce, 2004 Edition (Washington, DC: The Appraisal Foundation, 2004). 1 iTaQ D E •identify and inspect the property; • consider title issues, environmental concerns, soil issues, structural issues, ere.; and -develop the valuation methods) and /or rech- niques. Gauging the appropriate scope for the intended use requires a high level of competency by an ap- praiser. When contacted for a potential assignment, appraisers should nor provide a fee quote until they ascertain the appropriate scope of work of the as- signmenc. The appraiser needs to interview the cli- ent to determine the client's intended use. One size does not fit all circumstances. Real estate brokers qualify potential purchasers before investing their rime. Appraisers need to qualify potential clients to determine how much time the assignment will take. Appraisers should nor proceed simply based on how they have done appraisals in the past. Too many appraisers would provide a quick answer to the ques- rion "What is a credible salts comparison approach ?" without considering the intended use of the assign- ment result. Too many conduct every assignmenr using the same process either our of habit or be- cause they are unaware of the flesibilin• allowed. Consider the following nvo scopes ofwork: Scope of Work 1: • Use data our of the multiple listing senice with no verification of data or inspection of comparables • Use the reported total sale price .0 the sole unit of comparison • Make no adjustments to the comparables • Conclude to a value range Scope of Work 2: • Research the multiple listing sel- ice • Research pending transactions • Research current listings • Inspect interior and exterior of each comps rable • Confirm the data with the buver, seller, and broker • Adjust the comparables with marker - derived adjustments • Reconcile the value indications from the ad justed comparables • Conclude to a specific pinpoint value esri- mare I 1 USPAP, lines 44 --45. 12. Ibid., fines 3454 -3455. Agenda Item No. 6A July 28, 2009 Page 18 of 32 Both levels of scope of work could be consid- ered credible relative to a specific intended use. But to use Scope of Work 1 when Scope of Work 2 is necessary would be a violation of USPAP because the result would not credible for the intended use. To use Scope of Work 2 when Scope of Work I pro- vides a credible result, but adds to the appraiser's time and effort with no client benefir. USPAP leaves the choice of valuation method(s) and techniques, and the extent to which they are �.)0 developed, to the appraiser. The appraiser is the ex- pert and is in the best position to judge what is nec- essary fora credible result. With this authority comes the corresponding responsibility that the scope of work chosen should be in keeping with both the IVJab actions of the appraiser's peers and the expectations y�j of market La of for a similar assignment. ��,,. USPAP e Ines an appraiser's peers as "other v 1, appraisers who have expertise and competency in the same or a similar rope of assignment. "'' The "expectations of the parricipanrs in the market for appraisal services- is described in USPAP as "those entities that are commonly clients of appraisers and who re "ularly use appraisals. "'' What to Write — Appraisal Reporting Requirements What are the requiremenrs for the written report of the conclusions of an appraisal assignment' All re- porring requirements in USPAT are binding require - menrs for umiren reports. The scope of work consid- erarions and flexibility apply to the developmenr of :113 appraisal assignment, nor the communication of the assignment result. However. USPAP does dJo %v flexibiliq• as to the reporting requirements, which may vary based on whether the appraiser is commtanicat- inr an opinion of marker value, whether or not the assignment is for an FRT, and the report format that is used (self con rained, summan,, restricted use). The USPAP requirements for written appraisal reporting are summarized in Table 3. Conclusion Although many appraisers are perplexed IS USPAP it is significantly easier to grasp and work within USPAP by segregating the binding requirements and the specific requirements. Such a format enhances the ability to understand the mandarory require- ments and to then apply the appropriate scope deci- sion to an appraisal assignment. This article presents a USPAP summary that can be used as a quick ref - I IMMIMM, 0 onecle Agenda item o COURT OPINIONS Florida Crimes Code � bV �s1C - - - -_ .._._._._ -- ._.._ F,� Section 874.02 - Street MorttgMe Foreclose We Provide Legal US Supreme Cou GJ„�NO Terrorism Enforcement Representation for y �'�' Homeowners Facing US Tax Court And Prevention — Foreclosure! . • • Legislative findings and www.WeldonRothman.com Board of Patent Ap eals • intent. Sinkhole Damage? We Represent Prope STATE LAWS Legal Research Home > Florida Lawyer > Crimes > Owners. Know Your Rights Under Florida Florida Crimes Code Section 874.02 - Street Trinityl-awyer.com Alabama Terrorism Enforcement And Prevention - Legislative findings and intent. California Florida Laws Ask a Lawyer Online Now Search multiple engir 12 Lawyers Are Online! Ask a Question, Get an Answer at once for florida laH Florida ASAP. Law.JustAnswer.com webcrawter.comRtorida IaM - Georgia norlds laws Search laws, regulations, codes by practice areas & state. www.FindLaw.com Got a Lemon? Illinois Find a Lawyer - Free 18+ years in Florida, Free, Confidential Lawyer Locator. Save Time - Describe made the law! Get a Indiana Your Case Nowl refund and attorney f. www.LegaiMatch.com www.cousinslawfirm.00m Massachusetts Florida Lemon Law FAGS Free Case Review - Statewide Help! David Echavarria - Ft Lauderdale Pay_ As_You._Go_Wor www. Kahnand Associates, com Michigan VV Ad' a cO°8k No p posit, No Audit employees and up to Nevada Title XLVI CRIMES qualify www.wccop.com! New Jersey Chapter 874 STREET TERRORISM ENFORCEMENT New York AND PREVENTION North Carolina 874 -o2 Legislative findings and Pennsylvania intent. -- Texas (1) The Legislature finds that it is the right of every person, regardless of race, US CODE color, creed, religion, national origin, sex, age, sexual orientation, or handicap, to be secure and protected from fear, Copyrights intimidation, and physical harm caused http: //law. onecle .com /florida/crimes /874.02.html 11/19/2008 3:21:36 PM NB- PUBGENE -2 dIJVa \..vvi. %J%,t LAVXA V / A..aava AJaal iilal Vl i.Valaiiali • laau a ai. ri,alUVll - A Fggnlau V... Agenda Item No. A� jj Crimes July 28, 1-" by the activities of criminal street gangs Page 20 of 32 Labor and their members. It is not the intent of this chapter to interfere with the exercise of the constitutionally protected rights of freedom of expression and assoc-.iation. The Legislature recognizes the constitutional right of every citizen to CONSTITUTION harbor and express beliefs on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for Legislative a redress of perceived grievances, and to participate in the electoral process. Patents Shipping us Preamble Art. I - Art. II - Executive Art. III - Judicial Art. IV - States' Relations Art. V - Mode of Amendment Art. VI - Prior Debts Art VII - Ratification (2) The Legislature finds, however, that the state is facing a mounting crisis caused by criminal street gangs whose members threaten and terrorize peaceful citizens and commit a multitude of crimes. These criminal street gang activities, both individually and collectively, present a clear and present danger. The state has a compelling interest in preventing criminal street gang activity, and the Legislature finds that the provisions of this act are necessary to maintain the public order and safety. (3) It is the intent of the Legislature to eradicate the terror created by criminal street gangs and their members by providing enhanced penalties and by eliminating the patterns, profits, proceeds, instrumentalities, and property facilitating criminal street gang activity, including criminal street gang recruitment. History. - -s. i, ch. 90 -207; S. 74, ch. 94 -209; s. 56, ch. 95 -267; S. 35, ch. 96 -388. http://Iaw.onecle.com/florida/crimes/874.02.html 11/19/2008 3:21:36 PM NB- PUBGENE -2 Agenda Item July 28, Page 21 of 32 Tc, KEG L��.SS� F�,i b� G sS I 1_ussy ' r / . Ci Sri V C GYM S ' �- 1. ,.. (, .ti p 4.1C ✓� ��.� .�� i ISGl�G57- w. 7udiclaI Cornpetrsation as of October 1, 1999 i SL Supremo f 45,083 J District 130,576 4D f emu;/ r 3 Clrcult 117,020 % J W County 104,018 V ,j" I tl (�� { ��%i �-2 3�7?Y.U0 C- .� 1, Say.y L Z:-: D 3!J too -�- 9 JJ": U,J EXHIBIT A -2455- 777 Agenda Item No. 6A July 28, 2009 Page 22 of 32 The News Monday, Seatvvber 25, 2000 A7 't��,�Yr''p•:? :icy r.y -: Q ---en expensive ttunian"" iitig 612't - - -- LETTERS t. Kelly: Supporters " �� or have my gratitude Ho% 1 mass t u'TEditor - a I want to thank all ` the ,V onderful people who - 'cians,7 ,�noc supported me throughout my succiessful campaign- L•uci ."'for re- election as Martin County's property ap- "praiser. My highest goal is to five up to the trust the and wil �-yoters have placed in me. ai volunteers who thanks to my campaign A special "" kkorked so long and hard on my behalf. Their Conti- nuous support and encouragement over the course of ;a long campaign was a key tngredicnt to my being re- Elected. My dedicated ,volunteers are now known as the Green Machine in campaign circles. Laurcl Kclly �J Martin County Property Appraiscr Stuart WARRANTY 9 (1 of 1) Exhibit A -2552 CCPL -NB Public Research PC Pgend Jul �i'o2@ D Page 23 of 32 y l licit.'. Pdp. Page 1 West's F.S.A. § 76828 P West's Florida Statutes Annotated Currentness Title XLV. Torts (Refs & Annos) Ra Chapter 768. Negligence (Refs & Annos) RLi Part I. General Provisions 4R.H. I ilm of sovereign immuniq in Cori aclim; ruoVcry limits; limitation on attorncy fees; statute of limitations; exclusions; indemnification; risk management programs 100 ju� (o1 iIE �QC ➢Ci« 0[ iU he with S. 13 Art. ol t�e Mare Nnsiilon,e s�ale, accorda�c , subdivisions, hereby waives sovereign immunity for liability for torts, but only to the extent specified in this act. Actions at law against the state or any of its agencies or subdivisions to recover damages in tort for money damages against the state or its agencies or subdivisions for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the agency or subdivision while acting within the scope of the employee's office or employment under circumstances in which the state or such agency or subdivision, if a private person, would be liable to the claimant, in accordance with the general laws of this state, may be prosecuted subject to the limitations specified in this act. Any such action may be brought in the county where the property in litigation is located or, if the affected agency or subdivision has an office in such county for a the transaction of its customary business, where the cause of action accrued. However, any such action against a state university board of trustees shall be brought in the county in which that university's main campus is located or. in the county in which the cause of action accrued if the university maintains therein a substantial presence for the transaction of its customary business. (2) As used in this act, "state agencies or subdivisions" include the executive departments, the Legislature, the r3judicial branch (including public defenders), and the independent establishments of the state, including state university boards of trustees; counties and municipalities; and corporations primarily acting as instrumentalities or agencies of the state, counties, or municipalities, including the Florida Space Authority. (3) Except for a municipality and the Florida Space Authority, the affected agency or subdivision may, at its discretion, request the assistance of the Department of Financial Services in the consideration, adjustment, and settlement of any claim under this act. (4) Subject to the provisions of this section, any state agency or subdivision shall have the right to appeal any award, compromise, settlement, or determination to the court of appropriate jurisdiction. (5) The state and its agencies and subdivisions shall be liable for tort claims in the same manner and to the same extent as a private individual under like circumstances, but liability shall not include pun Live damages or interest for the period before judgment. Neither the state nor its agencies or subdivisions shall be liable to pay a claim or a judgment by any one person which exceeds the sum of $100,000 or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid by the state or its agencies or subdivisions arising out of the same incident or occurrence, exceeds the sum of $200,000. However, a judgment or judgments may be claimed and rendered in excess of these amounts and may be settled and paid pursuant to this act up to $100.000 or Copr. © West 2004 No Claim to Orig. U.S. Govt. Works CCPL -NB Public Research PC Agenda Item No. 6A July 28, 2009 pagepa A 32 West's F.S.A. § 768.28 failure of the Department of Financial Services or the appropriate agency to make final disposition of a claim within 90 days after it is filed shall be deemed a final denial of the claim. The provisions of this subsection do not apply to such claims as may be asserted by counterclaim pursuant to s. 768.14. (7) In actions brought pursuant to this section, process shall be served upon the head of the agency concerned and also, except as to a defendant municipality or the Florida Space Authority, upon the Department of Financial Services; and the department or the agency concerned shall have 30 days within which to plead thereto. (8) No attorney may charge, demand, receive, or collect, for services rendered, fees in excess of 25 percent of any judgment or settlement. ^'— o (9)(a) No officer, employee, or agent of the state or of any of its subdivisions shall be held personally liable in tort e� or named as a party defendant in any action for any injury or damage suffered as a result of any act, event, or omission of action in the scope of her or his employment or function, unless such officer, employee, or agent acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. However, such officer, employee, or agent shall be considered an adverse witness in a tort action for any injury or damage suffered as a result of any act, event, or omission of action in the scope of her or his employment or function. The exclusive remedy for injury or damage suffered as a result of an act, event, or omission of an officer, employee, or agent of the state or any of its subdivisions or constitutional officers shall be by action against the governmental entity, or the head of such entity in her or his official capacity, or the constitutional officer of which the officer, employee, or agent is an employee, unless such act or omission was }� committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. The state or its subdivisions shall not be liable in tort for the acts or omissions of an officer, employee, or agent committed while acting outside the course and scope of her or his employment or committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. (b) As used in this subsection, the term: 1. "Employee" includes any volunteer firefighter. 2. "Officer, employee, or agent" includes, but is not limited to, any health care provider when providing services pursuant to s. 766.1115, any member of the Florida Health Services Corps, as defined in s. 381.0302, who provides uncompensated care to medically indigent persons referred by the Department of Health, and any public defender or her or his employee or agent, including, among others, an assistant public defender and an investigator. (c) For purposes of the waiver of sovereign immunity only, a member of the Florida National Guard is not acting within the scope of state employment when performing duty under the provisions of Title 10 or Title 32 of the Copr. C West 2004 No Claim to Orig. U.S. Govt. Works Exhibit A -2471 (2 of 2) http:// pritit .westlativ.com/delivery.htnil? dest= atp &,data1d= BO055800000017760... 3/5/200412:02:31 PM Adveftles Dignity, et's say you decide to advertise in the telephone book as a way to Increase your Notary business. In an effort to make your ad stand out you might think you should Include a phrase such as, "I Will Not Be Undersold" or, "I'm Crazy — I'll Go Anywhere At Any 4 Hourl" That should draw potential clients, right? Stopl You're taking the wrong approach. You have an Image to protect. According to The Notary Public Code Of Professional Responsibility, i>o- A %1, V% t.00M Ci►04 4C1w;Irf l -- w...✓c w.��c e with important one: . You are a Public official relied on to protect the personal rights and property of your state's citizens and It's Inappropriate to treat your office like a common product to be sold. Advertising your services in such a facetious and disrespectful way would be doing just that. The need for professional- ism in the Notary office has never been greater, with numerous critical professions and industries depending on the Notary for ethical service. It's vital that you act in Vntan, office has "'� °5510925 "vice Agenda Item No. 6A 1"y: July 28, 2069 YouaUnnt Notarize Your Own Signature Hotline Counselor: Notary Hotline. How may I help you? NNA Member: Yes, I need to get some documents notarized and I thought to myself, "Hey, I'm a Notary, Why don't I just notarize them myself?" Can I do that? Hotline Counselor: No! Notaries are not allowed in any state to notarize their own signature. NNA Member: But why not? Nobody can determine my willingness and awareness better than me! And I certainly know exactly who I am. Hotline Counselor: The problem Is that there's no way you can act as an impartial public officer if you're notarizing your own signa- ture. Since it's your document, you obviously have a direct interest in what's going on, which disqualifies you from being able to notarize. That's why self- notarizations are illegal nationwide. NNA Member: Well, what if my signature and someone else's signa- ture is on the document? Could I at least notarize my friend's signature in that case? Hotline Counselor: No, because you would still have a direct, bene- ficial interest in the notarization, which means you can't be acting impartially. NNA Member: Well, I guess I'm not sappy with your answer, but I under- stand it. Thanks a lot. You've been a ;real help! iotline Counselor: You're wel- ome. Have a nice day! it iv( W 97 Jerw4rf.- CA 04%01,00410 &;;00 " r �0�00 PC V 40&+ . _f44 0'" 0 -� 4 (..Am to �a FT,nRT11a „^ Fxhibit A -2613 r� r 1 V 0 . r.j ki ADVERTISING FEATURE Yale T. Freeman Agenda Item No. 6A July 28, 2009 Page 26 of 32 Yale Freeman specializes in complex criminal, civil and administrative litigation. A practicing Florida attorney since 1972, he is often consulted by civil and transactional lawyers whose clients are facing issues with potential criminal sanctions. Freeman has earned a reputation for his expertise in the investiga- tion and defense of white collar crime, healthcare/ regulatory practices, real estate fraud, complex civil litigation, corporate compliance, corporate investiga- tions, political corruption, aviation investigations, federal grand jury investigations, commerce and export violations, First Amendment litigation, and defalcation investigations and defense. Named in Leading American Attorneys, The Best Lawyers in America 2007, and the Martindale - Hubbell Bar Register of Preeminent Lawyers, he is proud to have received an AV rating from Martindale - Hubbell, which signifies an attorney who has "achieved the highest levels of professional skill and integrity." Among his cases of distinction are: -United States of America v. SabreTech and State • WHITE COLLAR CRIME t� • REAL ESTATE FRAUD ^ • HEALTHCARE FRAUD v • CORPORATE COMPLIANCE • CORPORATE INVESTIGATIONS 40 GULFSHORE BUSINESS .lune:10( ;7 of Florida v. SabreTech — Criminal, administrative and civil wrongful death proceedings related to the ValuJet air crash in the Florida Everglades -State of Florida vs. Erik A. Rodriguez and Kris A. Rodriguez — A multi - defendant RICO (racketeering) Internet pharmacy conspiracy case United States of America vs. Edgar Nakache, Susan Aviles, and Cecilia Marcillo- Aviles — .Joint Interpol and FBI investigation concerning allegations of the smuggling and sale of $5 million worth of pre - Columbian artifacts from the country of Ecuador. Freeman represents lenders, investors, operators, owners, corporate officers, developers and contrac- tors in government investigations and prosecutions of real estate and real estate - related industries, often working side -by -side with civil counsel pros- ecuting or defending matters that have parallel criminal proceedings. A frequent speaker at local fraud - related seminars, Yale Freeman is also recognized for his involvement with numerous local and national social- action and charitable organizations. I he twmE of a Ltuvcr , do nnpore:ini di i,i,,n that .hoifd not he bawd ,nlety upon ad rrt nicnt� 110ore n dea,ie, a,k for ha: �,rmen inf"rmanon h,am quuLficm, -n, ,uid exp,iiener. FL Ear Rul: 4 - -.' l,' Exhibit A -2$32 Agenda Item No. 6A 1,8, 2M a 27 o;2�& --5 -E5 Es -1 -5 � C) 0 O t -7- 9 bz 'J 0) CL, > ac 7 L) 55 72 _5 Ei cz Z: C: V 72 7E 0 UM z c. -Z3 CZ p GD Z:3 V L .y Z3 bli 2 -EO 14 Ln c '0 u 7z cc u c ro LTJ 12 c r. CR .7j zz t4 7= ZL 7J, Z 7= 73 bZ cz 72 -3 Er cz bp Z71 z cj O G1 Ow z U Ln 72 CC; z cz z bb ED Ej to C,4 pe - i*, 11 Cc,, = $., -!? — t- CN CC co 7= bz ci 0 tx 0 L) cu J� 21 U --n 7 t'D Ei to -14 C, cz cj zd cJ Agenda Item No. 6A Jpl'�% 2f)4 bb 0 --u - — tic 0 -,j rr cu 0 10 c. 0 z E, S tx J:? 0 CJ -X r- tilj tg >, t 0 .0 J q r- FZ cu 7 bl, tz C; Z ,b c; 0 C-j 3 Fz cif N 75 5 :z bz cli el 7- C —n Q; 7o a) 4:2 zo -zi E5 Pt —EL tz, C) a) 5y E5 7z L, 71 c 0 ZL Z- -ze L-- z C,4 pe - i*, 11 Cc,, = $., -!? — t- CN CC co 7= bz ci 0 tx 0 L) cu J� 21 U --n 7 t'D Ei to -14 C, cz cj zd cJ Agenda Item No. 6A Jpl'�% 2f)4 bb 0 --u - — tic 0 -,j rr cu 0 10 c. 0 z E, S tx J:? 0 CJ -X r- tilj tg >, t 0 .0 J q r- FZ O O cu 7 bl, tz C; Z ,b c; 0 C-j 3 Fz cif N 75 5 O q, -14 7E bz cli el 7- C —n Q; bjD a) 4:2 Pt —EL tz, C) a) 5y E5 7z L, 71 c 0 O O .4 0 N (D E O CL .0 C ai cli < ;> c 1 �4 C< C I4 E- Er br x Ic PL CC Lr -:I C, E- PC ri �K �z r LU Q Z LLI Ui a O O '7- tit L td, Zf tz tz -le tz 5: m 7� 1; t5 �2 Agenda Item No. 6A July 28. 2009 W 3 4-0) Page 29 of 32 � 7- 7= 7= Ex CD �2 12 P C L) U 2 U C E 0 V -M '7- tit L td, Zf tz tz -le tz 5: m 7� 1; t5 �2 O A. CIO z 4J P�-- 2 cu 41 U H ul Agenda Item No. 6A July 28, 2009 C.) 7D Pam 30 ob32.:� ^p (U V V 7=' L) > n3 DL v r U Q, Q) C,c v 0 :3 > Op C.) C: 0 �d cu — 0 Qd I j al 5 In O'D LA V Q) cc 14 :n N cz -t X ri 1) Q) -n 7j Q) G U i C O (U °11 >7 <U . — — r 0 " 15 Lc 7= V CJ? I Z, — Z, cn -= = — I — �--) U < 3 E5 7= Q) > Q) C4. cz 2 2 6 2 U LIJ 2 C-4 Q� C. 7=; tk Qd C:,O 2 Q�) cz v ct Z3 c -5: U Z) v v a) L2 4J v Q) 7) 73 U CL C4 7D Q) CL cz > 1 c c c h e., cl C( Cc an LL an co, C an, apF sior was Bt her, with plair Pri the a talk z what form, Brock Brock b w ,nem ,n advance, she sad. i �3 r \r. I he auditors were [ota tney could mask pages for copy and examine them at their offices. When they did so, they were given a bill for about $I6,000 — $1 a page — for the copies they requested. It makes it very difficult to be able to conduct an ef- ficient audit," Alfonso said, taking umbrage at the clerk's insistence on supervision. . "I'm not going to take records from your office without your consent" Commissioners Jim Coletta and Frank Halas were quick to condemn Brock for his appar- ent lack of cooperation. "Obviously, you're being restricted," Halas told Alfonso. "The clerk is dragging this out. It's as obvious as any- thing, Apparently,.the clerk is above the law," Coletta added. But Brock said it is precisely because of the law that he is behaving as he is. Chapter 119 of the Florida statutes pertaining to public records states, "Every person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the cus- todian of the public records." Neither does the law allow a custodian of records to waive the fee for copying, Brock said. With so much Iegal maneu- vering going on for so many years, Brock's lawyers have spent plenty of time going through records held by staff of the county commissioners. When they do so, they are supervised, Brock said. Moreover, when Brock's lawyers requested 225 pages from county administrators in See BATTEN, Page 2B Exhibit A -2872 one that Henning, an auto mechanic by trade, has no legal training. "May I ask who the source of your informa- tion is ?" "Do you represent the county's interest or do You represent some entity other than the county?" Coletta went on. "I study the items on the agenda and I try to be pre- pared," Henning shot back "Your comments are realty out of line." The lawsuit over the clerk's audit authority is on appeal after a circuit court judge ruled ip the county's favor. The lawsuit over the use of intexest money is headed to trial. .Attorneys fees in the two eases :each into the millions, —1 nr taxpayers, that's not ironic, it's infuriating. C mail Brcnt Batten at bcbatter�i.�,nplcsr,z,rs.cnn, Batten co ell r Yu �1- 41e�Mved a bill for $335, $1.49 per page, -0 fhe integrity of the r 1_ cords, not Alfonso's pr j 1 o is Brock's primary cone, he said. "If they need to talk z > about something in private, go talk about it in private then come back and look at the records." v+ Commissioner Donna Fiala . tried to act as a mediator, offering to sit in the room with Alfonso and her team in the place of one of the clerk's employees as a way of ensur- ing the records aren't com- promised and neither is the auditors' privacy. "I just want ' this to come to a conclusion where we can all make peace and get along," Fiala said. But Brock issued a terse 'thanks, but no thanks,' "The clerk is the custodian. A county commissioner is not the custodian," Brock said. The episode put on display the enmity between Coletta and Commissioner Tom Hen- ning, who has taken Brock's side in the ongoing war of words. Coletta stopped just short Of accusing Brock of feeding Henning talking points to bring up when the coma *- sion discusses the lawsuits. "I appreciate the fact that you have extensive legal background. I'm sure you're coming up with all this information on your own," quipped a sarcastic Coletta, who knows as well as any- one that Henning, an auto mechanic by trade, has no legal training. "May I ask who the source of your informa- tion is ?" "Do you represent the county's interest or do You represent some entity other than the county?" Coletta went on. "I study the items on the agenda and I try to be pre- pared," Henning shot back "Your comments are realty out of line." The lawsuit over the clerk's audit authority is on appeal after a circuit court judge ruled ip the county's favor. The lawsuit over the use of intexest money is headed to trial. .Attorneys fees in the two eases :each into the millions, —1 nr taxpayers, that's not ironic, it's infuriating. C mail Brcnt Batten at bcbatter�i.�,nplcsr,z,rs.cnn, Cal N •~ CL M 3 Z � i v S? ti V) _Q) Q cD C- M C1 O N of CM C_ (O a ro N Agenda Item No. 6A July 28, 2009 Page 32 of 32 ,!. cQ i ,C V = cu w Op'C v -4 � �.•Lf O b d _ N ►+ 3 oCQ �4 °'v">vp0E•,i v my !fit J a v c�i n C ° GAS Vp ' c�i� �" ° v ° ce m :; •° 1�+ N G) w Q� .> vov � 3 0 a vv Gov g a v � o ;4 U "I � v o Qes v [ 3�'"°'v�o. C� p v O O 72 cC v ci a ��'' � b :a o a •..• 03 Gy O V {{N-! "� p a q 9 O O a% H i i -a -r .4 � m p a�'i 2i > �r y . V p4 > a., v 0 J y u v v 7gb v n p ' v v '40- a ,ms . "- �dna >o o. icen,.,, U (-O ��v� � .h A 4v'v� � � . 'oL7 � 'v v ov "i vv � LG p�. � ' o � , E .3.. . ., ? No G.o� °1.D 4 . 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