Filing # 45272174 E-Filed 08/16/2016 12:06:24 PM

IN THE CIRCUIT COURT OF THE FIFTH

JUDICIAL CIRCUIT IN AND FOR
MARION COUNTY, FLORIDA
CASE NO. 2016-CA-000712
SUMTER ELECTRIC COOPERATIVE, INC.,
a Florida not for profit corporation,
Plaintiff,
vs.
NEIL J. GILLESPIE,
Defendant.
______________________________________/
DEFENDANTS MOTION TO DISQUALIFY JUDGE EDWARD L. SCOTT
With Memorandum of Law, by Neil J. Gillespie, and Supported by the
AFFIDAVIT OF NEIL J. GILLESPIE TO DISQUALIFY JUDGE EDWARD L. SCOTT
Defendant Neil J. Gillespie, hereafter in the first person, moves to disqualify Marion
County Circuit Court Judge Edward L. Scott in this case, and states:
1.

I move to disqualify the Honorable Edward L. Scott (Judge Scott) as judge in this action

under Fla. Stat. 38.10, Rule 2.330 Fla. R. Jud. Admin., the Code of Judicial Conduct for the
State of Florida, and Supreme Court of Florida Administrative Order No. AOSC14-66, because I
fear that I will not receive a fair trial in this cause because of specifically described prejudice or
bias of the judge. The specific grounds in support of this motion are as follows:
2.

Yesterday I received in the mail public records from the Florida Department of State,

Office of the General Counsel, including, inter alia, a cover letter, and copies of the Notary
Public Commission Application, Oath of Office, and bond for Edith Grant, and copies of the
Notary Public Commission Application, Oath of Office and bond for Meagan Thurston. A fivepage composite of the documents appears at Exhibit 1.

MOTION TO DISQUALIFY JUDGE EDWARD L. SCOTT

3.

The public records received yesterday, and described in the preceding paragraph, show

Notaries Public Edith Grant and Meagan Thruston are employed by the Plaintiff.
4.

Other public records obtained through a link provided on Friday August 5, 2016 from

Amanda Gorman, Office of Open Government, Executive Office of the Governor, show:
A. Notary Section letter of caution to Edith Grant violation F.S. 117.05(4) July 7, 2016.
The Notary Section of the Executive Office of the Governor has received a complaint of
notary misconduct filed against you by Neil Gillespie. After reviewing the complaint and
the challenged document. this office has confirmed the following violations of the laws
governing Florida notaries pubic:
The jurat for the challenged document affixed with your notary seal and signature, and
enclosed for your reference, is missing the following required element(s): (1) The exact
date of the notarial act. The above required component for jurats is listed under Section
117.05(4), Florida Statutes. - Read more The letter of caution to Edith Grant, and the email of Amanda Gorman, appear at Exhibit 2.
B. Notary Section letter of caution to Meagan Thurston violation F.S. 117.05(4) July 7, 2016.
The Notary Section of the Executive Office of the Governor has received a complaint of
notary misconduct filed against you by Neil Gillespie. After reviewing the complaint and
the challenged document, this office has confirmed the following violations of the laws
governing Florida notaries public:
The jurat for the challenged document affixed with your notary seal and signature, and
enclosed for your reference. is missing the following required element(s): (1) The exact
date of the notarial act; and (2) The notary's name, typed, printed, or stamped below the
notary's official signature. The above required component for jurats is listed under
Section 117.05(4), Florida Statutes. - Read more The letter of caution to Meagan Thurston, and the email of Amanda Gorman, appear at Exhibit 3.
5.

On April 18, 2016 at 1:29 PM, Judge Scott entered EMERGENCY PRELIMINARY

INJUNCTION (Exhibit 4) that states in the first paragraph, ...having reviewed the Motion and
the affidavits and other attachments to the Emergency Motion.... The affidavits Judge Scott
reviewed were found to violate F.S. 117.05(4) as described in paragraphs 4A and 4B, and by
the Governors Notary Section in letters of caution to Edith Grant and Meagan Thurston.

MOTION TO DISQUALIFY JUDGE EDWARD L. SCOTT

6.

Judge Scott knew, or should have known, the affidavits he reviewed in ordering the

EMERGENCY PRELIMINARY INJUNCTION violated F.S. 117.05(4) as described in

paragraphs 4A and 4B, and by the Governors Notary Section letters of caution to Edith Grant
(Exhibit 2) and Meagan Thurston (Exhibit 3), but Judge Scott entered the EMERGENCY
PRELIMINARY INJUNCTION anyway, with callous disregard for my rights:

Rule 1.610(a)(1)(A) mandates facts shown by affidavit or verified pleading.

Facts were not shown by (valid) affidavit or verified pleading.
Therefore the EMERGENCY PRELIMINARY INJUNCTION should not have been entered.

7.

The EMERGENCY PRELIMINARY INJUNCTION entered by Judge Scott is filled

with errors, is hysterical and nonsensical, and has a major omission: I am a part owner of Sumter
Electric Cooperative, Inc., d.b.a. SECO Energy, by and through my Capital Credits on my SECO
account number 7010005303. This is my active account, in my name (not in the name of my
deceased mother), for my home at 8092 SW 115th Loop, Ocala, Florida 34481. Judge Scott has
denied me fundamental rights of access and participation in my electric cooperative.
8.

Rule 1.610 of the Fla. R. Civ. Pro governs Injunctions, and states:
RULE 1.610. INJUNCTIONS
(a) Temporary Injunction.
(1) A temporary injunction may be granted without written or oral notice to the adverse
party only if:
(A) it appears from the specific facts shown by affidavit or verified pleading that
immediate and irreparable injury, loss, or damage will result to the movant before the
adverse party can be heard in opposition; and
(B) the movants attorney certifies in writing any efforts that have been made to give
notice and the reasons why notice should not be required.
(2) No evidence other than the affidavit or verified pleading shall be used to support the
application for a temporary injunction unless the adverse party appears at the hearing or
has received reasonable notice of the hearing. Every temporary injunction granted
without notice shall be endorsed with the date and hour of entry and shall be filed
forthwith in the clerks office and shall define the injury, state findings by the court why
3

MOTION TO DISQUALIFY JUDGE EDWARD L. SCOTT

the injury may be irreparable, and give the reasons why the order was granted without
notice if notice was not given. The temporary injunction shall remain in effect until the
further order of the court.
(b) Bond. No temporary injunction shall be entered unless a bond is given by the movant
in an amount the court deems proper, conditioned for the payment of costs and damages
sustained by the adverse party if the adverse party is wrongfully enjoined. When any
injunction is issued on the pleading of a municipality or the state or any officer, agency,
or political subdivision thereof, the court may require or dispense with a bond, with or
without surety, and conditioned in the same manner, having due regard for the public
interest. No bond shall be required for issuance of a temporary injunction issued solely to
prevent physical injury or abuse of a natural person.
(c) Form and Scope. Every injunction shall specify the reasons for entry, shall describe
in reasonable detail the act or acts restrained without reference to a pleading or another
document, and shall be binding on the parties to the action, their officers, agents,
servants, employees, and attorneys and on those persons in active concert or participation
with them who receive actual notice of the injunction.
9.

The acts and conduct of Judge Scott have caused me grave and serious injustice, and

inflicted upon me cruel, inhumane, and degrading treatment, including but not limited to,
deprivation of rights under color of law.
10.

Judge Scott violated the Code of Judicial Conduct for the State of Florida, as follows:
Code of Judicial Conduct, Canon 3
http://www.floridasupremecourt.org/decisions/ethics/canon3.shtml
B. Adjudicative Responsibilities.
(2) A judge shall be faithful to the law and maintain professional competence in it.
(7) A judge shall accord to every person who has a legal interest in a proceeding, or that
person's lawyer, the right to be heard according to law.
(8) A judge shall dispose of all judicial matters promptly, efficiently, and fairly.

11.

Judge Scotts Order to Respond and Order Establishing Motion Practice Procedure

entered June 13, 2016, that requires legal memorandum in making any written motion or other
application to the Court is an unconstitutional requirement for nonlawyers. (Exhibit 6)
1. Legal memorandum required. In making any written motion or other application to the
Court for the entry of an order of any kind, the moving party shall file and serve with
such motion or application a legal memorandum with citations to authority in support of
the relief requested...
4

MOTION TO DISQUALIFY JUDGE EDWARD L. SCOTT

The Order exceeds the requirements of the Fla. R. Civ. Pro, and is an unreasonable burden on
nonlawyer litigants who have not attended law school. There is no information for pro se
nonlawyers, or self-represented persons in the Order.
Memorandum of Law
Note: The old Rule 2.160 Fla. R. Judicial Admin. has been replaced by Rule 2.330.
12.

Fla. Code Jud. Conduct, Canon 3E(1) A judge shall disqualify himself or herself where

his or her impartiality might reasonably be questioned. This motion shows the impartiality of
Judge Scott might reasonably be questioned.
13.

Litigant's right to impartial judge. The importance of the duty of rendering a righteous

judgment is that of doing it in such a manner as would raise no suspicion of the fairness and
integrity of the judge. State ex rel. Arnold v. Revels, 113 So.2d 218, Fla.App. 1 Dist.,1959.
Every litigant is entitled to nothing less than the cold neutrality of an impartial judge, (Mathew
v. State, 837 So.2d 1167, Fla.App. 4 Dist.,2003.) and the law intends that no judge will preside
in a case in which he or she is not wholly free, disinterested, impartial, and independent. State v.
Steele, 348 So.2d 398, Fla.App. 1977. When a judge enters into the proceedings and becomes a
participant, a shadow is cast upon judicial neutrality so that his or her disqualification is
required. Evans v. State, 831 So.2d 808, Fla.App. 4 Dist., 2002.
14.

The conditions requiring the disqualification of the judge to act in that particular case are

prescribed by statute. 38.02 Fla. Stat. The basic tenet for the disqualification of a judge is that a
judge must satisfy the appearance of justice. Hewitt v. State, 839 So.2d 763, Fla.App. 4 Dist.,
2003. The question of disqualification focuses on those matters from which a litigant may
reasonably question a judge's impartiality rather than the judge's perception of his or her ability
to act fairly and impartially. Wargo v. Wargo, 669 So.2d 1123, Fla.App. 4 Dist.,1996.

MOTION TO DISQUALIFY JUDGE EDWARD L. SCOTT

15.

The term "recusal" is most often used to signify a voluntary action to remove oneself as a

judge; however, the term "disqualification" refers to the process by which a litigant may seek to
remove a judge from a particular case. Sume v. State, 773 So.2d 600, Fla.App. 1 Dist.,2000.
Question whether disqualification of a judge is required focuses on those matters from which a
litigant may reasonably question a judge's impartiality rather than the judge's perception of his
ability to act fairly and impartially. Wests F.S.A. Code of Jud. Conduct, Canon 3(E)(1), Stevens
v. Americana Healthcare Corp. of Naples, 919 So.2d 713 (Fla. Dist. Ct. App. 2d Dist. 2006).
Question of disqualification of a trial judge focuses on those matters from which a litigant may
reasonably question a judge's impartiality rather than the court's own perception of its ability to
act fairly and impartially. Wests F.S.A. 38.10, Valdes-Fauli v. Valdes-Fauli, 903 So.2d 214,
Fla.App. 3 Dist.,2005 reh'g denied, (Feb. 17, 2005).
16.

Sufficiency of motion or affidavit of prejudice. A motion to disqualify must show that the

party fears that he or she will not receive a fair trial or hearing because: (1) of a specifically
described prejudice or bias of the judge; Fla. R. Jud. Admin., Rule 2.160 (d)(1). Generally, the
critical determination in deciding the legal sufficiency of a motion to disqualify has been
whether the facts alleged would prompt a reasonably prudent person to fear he or she would not
receive a fair trial, Barnhill v. State, 834 So.2d 836 Fla., 2002. If a motion to recuse is
technically sufficient and the facts alleged therein also would prompt a reasonably prudent
person to fear that he or she could not get a fair and impartial trial from the judge, the motion is
legally sufficient and should be granted. Coleman v. State, 866 So.2d 209, Fla.App. 4 Dist.,2004.
The motion to disqualify a judge should contain facts germane to the judge's undue bias,
prejudice, or sympathy. Chamberlain v. State, 881 So.2d 1087, Fla.,2004.

MOTION TO DISQUALIFY JUDGE EDWARD L. SCOTT

17.

Whether a motion to disqualify a judge is legally sufficient requires a determination as to

whether the alleged facts would create in a reasonably prudent person a well-founded fear of not
receiving a fair and impartial trial. Fla. R. Jud. Admin., Rule 2.160 (f), Rodriguez v. State, 919
So.2d 1252, Fla.,2005, as revised on denial of reh'g, (Jan. 19, 2006). The primary consideration
in determining whether motion to disqualify trial judge should be granted is whether the facts
alleged, if true, would place a reasonably prudent person in fear of not receiving a fair and
impartial trial. Arbelaez v. State, 898 So.2d 25, Fla.,2005, reh'g denied, (Mar. 18, 2005). A
motion for disqualification must be granted if the alleged facts would cause a reasonably prudent
person to have a well-founded fear that he/she would not receive a fair and impartial trial. Jarp v.
Jarp, 919 So.2d 614, Fla.App. 3 Dist.,2006. The test a trial court must use in determining
whether a motion to disqualify a judge is legally sufficient is whether the facts alleged would
place a reasonably prudent person in fear of not receiving a fair and impartial trial. Scott v. State,
909 So.2d 364, Fla.App. 5 Dist.,2005, reh'g denied, (Sept. 2, 2005). The motion to disqualify a
judge must be well-founded and contain facts germane to the judge's undue bias, prejudice, or
sympathy. Scott v. State, 909 So.2d 364, Fla.App. 5 Dist.,2005, reh'g denied, (Sept. 2, 2005).
18.

Disqualification is required when litigants demonstrate reasonable, well-grounded fear

that they will not receive fair and impartial trial, or that judge has pre-judged case. Williams v.
Balch, 897 So.2d 498, Fla.App. 4 Dist., 2005.
19.

Time for filing motion; waiver of objection. A motion to disqualify shall be filed within a

reasonable time not to exceed 10 days after discovery of the facts constituting the grounds for the
motion and shall be promptly presented to the court for an immediate ruling. Fla. R. Jud.
Admin., Rule 2.160(e). Although a petition to disqualify a judge is not timely filed,

MOTION TO DISQUALIFY JUDGE EDWARD L. SCOTT

extraordinary circumstances may warrant the grant of an untimely motion to recuse. KlapperBarrett v. Nurell, 742 So.2d 851, Fla.App. 5 Dist.,1999.
20.

Judicial determination of initial motion. The judge against whom an initial motion to

disqualify us directed shall determine only the legal sufficiency if the motion an shall not pass on
the truth of the facts alleged. Fla. R. Judicial Admin. 2.160(f). No other reason for denial shall
be stated, and an order of denial shall not tale issue with the motion. Fla. R. Judicial Admin.
2.160(f). Accordingly, a judge may not rule on the truth of the facts alleged or address the
substantive issues raised by the motion but may only determine the legal sufficiency of the
motion. Knarich v. State, 866 So.2d 165 (Fla. Dist. Ct. App. 2d Dist. 2004). In determining
whether the allegations that movant will not receive a fair trial so as to disqualify a judge are
sufficient, the facts alleged must be taken as true (Frengel v. Frengel, 880 So.2d 763, Fla.App. 2
Dist.,2004), and must be viewed from the movant's perspective. Siegel v. State, 861 So.2d 90,
Fla.App. 4 Dist.,2003.
21.

Case law forbids trial judges to refute facts set forth in a motion to disqualify, and their

doing so will result in judicial disqualification irrespective of the facial sufficiency of the
underlying claim. Brinson v. State, 789 So.2d 1125, Fla.App. 2 Dist.,2001. A trial judge's
attempt to refute charges of partiality thus exceeds the scope of inquiry on a motion to disqualify
and alone establishes grounds for disqualification. J & J Industries, Inc. v. Carpet Showcase of
Tampa Bay, Inc., 723 So.2d 281, Fla.App. 2 Dist.,1998.
22.

Whether the motion is legally sufficient is a pure question of law; it follows that the

proper standard of review is the de novo standard (Sume v. State, 773 So.2d 600 Fla.App. 1
Dist.,2000) and an order denying a motion to disqualify a trial judge is reviewed for abuse of
discretion. King v. State, 840 So.2d 1047, Fla.,2003.

MOTION TO DISQUALIFY JUDGE EDWARD L. SCOTT

23.

Once a motion for disqualification has been filed, no further action can be taken by the

trial court, even if the trial court is not aware of the pending motion. Brown v. State
863 So.2d 1274, Fla.App. 1 Dist.,2004. A judge presented with a motion to disqualify him- or
herself must rule upon the sufficiency of the motion immediately and may not consider other
matters before considering the disqualification motion. Brown v. State 863 So.2d 1274, Fla.App.
1 Dist., 2004. The court is required to rule immediately on the motion to disqualify the judge,
even though the movant does not request a hearing. Fuster-Escalona v. Wisotsky, 781 So.2d
1063, Fla.,2000. The rule places the burden on the judge to rule immediately, the movant is not
required to nudge the judge nor petition for a writ of mandamus. G.C. v. Department of Children
and Families, 804 So.2d 525 Fla.App. 5 Dist., 2002.

Certification. The undersigned movant certifies that the motion and the movant's statements
are made in good faith.

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: [email protected]

Service to the Hon. Edward L. Scott, Circuit Court Judge, Fifth Judicial Circuit, 110 NW 1st
Ave. Ocala, FL 34475 Email: [email protected], through the portal as shown on the service
list, and a paper copy by U.S. Mail.

Service List August 16, 2016

MOTION TO DISQUALIFY JUDGE EDWARD L. SCOTT
With Memorandum of Law, by Neil J. Gillespie, and Supported by the
AFFIDAVIT OF NEIL J. GILLESPIE TO DISQUALIFY JUDGE EDWARD L. SCOTT
I hereby certify the following names were served by email today August 16, 2016 through the
Florida Portal.
The Hon. Edward L. Scott
Circuit Court Judge
Fifth Judicial Circuit
110 NW 1st Ave.
Ocala, FL 34475
Email: [email protected]
And a paper copy by U.S. Mail.
The Honorable Don F. Briggs
Chief Judge, Fifth Judicial Circuit
Lake County Judicial Center
550 W. Main Street
Tavares, FL 32778-7800
Tel. 352-742-4224
Email: [email protected]
FBI Tampa Division
Special Agent in Charge, Paul Wysopal
5525 West Gray Street
Tampa, FL 33609
Phone: (813) 253-1000
Email: [email protected]
Website: https://www.fbi.gov/tampa
FBI Jacksonville Division
Special Agent in Charge, Michelle S. Klimt
6061 Gate Parkway
Jacksonville, FL 32256
Phone (904) 248-7000
Email: [email protected]
Website: https://www.fbi.gov/jacksonville

Service List August 16, 2016 (page 2)

MOTION TO DISQUALIFY JUDGE EDWARD L. SCOTT
With Memorandum of Law, by Neil J. Gillespie, and Supported by the
AFFIDAVIT OF NEIL J. GILLESPIE TO DISQUALIFY JUDGE EDWARD L. SCOTT

Lewis W. Stone ([email protected])

Florida Bar No. 0281174
Kevin M. Stone (Kevin@ StoneandGerken.com)
Florida Bar No. 0028516
William Grant Watson ([email protected])
Florida Bar No. 0023875
[email protected]
Stone & Gerken, P.A.
4850 North Highway 19A
Mount Dora, FL 32757
Matthew G. Minter, County Attorney
601 SE 25th Avenue
Ocala, FL 34471
Email: [email protected]
Karl Oltz, Director of Communications
Marion County Public Safety
VIA Email: [email protected]
Wendy Spillman, Injunction Clerk
Marion County Public Safety Communications
VIA Email: [email protected]

Filing # 45272174 E-Filed 08/16/2016 12:06:24 PM

IN THE CIRCUIT COURT OF THE FIFTH

JUDICIAL CIRCUIT IN AND FOR
MARION COUNlY, FLORIDA
CASE NO. 2016-CA-000712
SUMTER ELECTRIC COOPERATIVE, INC.,
a Florida not for profit corporation,
Plaintiff,
vs.
NEIL J. GILLESPIE,
Defendant.

- - - - - - - - - - - - - - - -/
AFFIDAVIT OF NEIL J. GILLESPIE TO DISQUALIFY JUDGE EDWARD L. SCOIT
STATE OF FLORIDA
COUNTY OF MARION

)
) SS.:
)

BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being dilly
sworn deposed upon oath as follows:
1.

I am over the age of eighteen and competent to testify as to the facts and matters herein.

2.

I make this affidavit upon personal knowledge unless expressly stated otherwise.

3.

My motion to disqualify Judge Edward L. Scott is true, correct and accurate.

4.

I have a reasonable fear of not receiving a fair trial before Judge Edward L. Scott and

becoming the target of further deprivation of rights under color of law, intimidation, interference,
and/or retaliation in part for having exercised and asserted my rights, including but not limited
to, having opposed acts and practices taken by him against me prohibited by the Florida Code of
Judicial Conduct in this matter, and his wrongful deprivation of my rights under color of law.

5.

My reasonable fear is further based upon the grooods stated in my motion to disqualify

Judge Edward L. Scott, which are by reference incorporated herein. My motion to disqualify
Judge Edward L. Scott states those grounds, which need not be repeated herein.
6.

The acts and conduct of Judge Edward L. Scott have caused me grave and serious

injustice, and inflicted upon me cruel, inhumane, and degrading treatment, including but not
limited to, deprivation of rights under color of law.
FURTHER AFFIANT SAYETH NOT.

day of August, 2016, by Neil J. Gillespie, who is

Sworn to and subscribed before me this IV
personally known to me, or who has produced -r:: L, i) L,. as identification.
ANGELICA CRUZ
b-, t.J bl G;>3D :S~ OCJq 0
(SEAL)
NOTARY PUBLIC

S
.".

STATE OF FLORIDA

comm# FF188878
~ Expires 2/27/2019

My Commission Expires:

02-12.. "l , 2-014

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Page 1 of 1

Neil Gillespie
From:
Sent:
Subject:

<[email protected]>
Tuesday, August 16, 2016 12:06 PM
Filing Received

Dear Neil J. Gillespie:

This email verifies the receipt of 3 documents submitted by you to Marion Circuit Civil on 0

UCN:
Clerk Case #:
Case Style:
Document Title:

Matter #:
Memo:
Filing Fee:
Motion Emergency Motion:
Affidavits and Oaths Affidavit:
Statutory Convenience Fee:
Total Fee:
Fee Status:
Paid By:
MFC Order #:

422016CA000712CAAXXX
16CA000712AX
SUMTER ELECTRIC COOPERATIVE IN VS GILLESPIE
Emergency Motion
Affidavit
Emergency Motion

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Page 1 of 3

Neil Gillespie
From:
Sent:
Attach:
Subject:

<[email protected]>
Tuesday, August 16, 2016 12:06 PM
Emergency Motion.pdf; Affidavit.pdf; Emergency Motion.pdf
SERVICE OF COURT DOCUMENT - CASE NUMBER 422016CA000712CAAXXX

Notice of Service of Court Documents

Filing Information
Filing #:
Filing Time:
Filer:
Court:
Case #:
Court Case #:
Case Style:

45272174
08/16/2016 12:06:24 PM ET
Neil J. Gillespie 352-854-7807
Fifth Judicial Circuit in and for Marion County, Florida
422016CA000712CAAXXX
16CA000712AX
SUMTER ELECTRIC COOPERATIVE IN VS GILLESPIE, NEIL J

Documents

Title

File

Emergency Motion

DEFENDANTS MOTION TO DISQUALIFY JUDGE

EDWARD L. SCOTT.pdf

Affidavit

AFFIDAVIT OF NEIL J. GILLESPIE TO DISQUALIFY

JUDGE EDWARD L. SCOIT.pdf

Emergency Motion

DEFENDANTS EMERGENCY MOTION TO CANCEL

HEARING.pdf

E-service recipients selected for service:

Name

Email Address

Kevin M. Stone

[email protected]

[email protected]

Neil J. Gillespie

[email protected]

8/16/2016

Page 2 of 3

David R. Ellspermann

[email protected]

Gregory C. Harrell

[email protected]

Lewis W. Stone

[email protected]

[email protected]

William Grant Watson

[email protected]

[email protected]

Stone & Gerken, P.A.

[email protected]

FBI Jacksonville Division

[email protected]

FBI Tampa Division

[email protected]

Matthew G. Minter, County

Attorney

[email protected]

Karl Oltz, Director of

Communications

[email protected]

Wendy Spillman,
Injunction Clerk

[email protected]

8/16/2016

Page 3 of 3

Hon. Edward L. Scott

[email protected]

The Hon. Don F. Briggs

[email protected]

William G Watson

[email protected]

[email protected]

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8/16/2016

Page 1 of 2

Neil Gillespie
From:
Sent:
Subject:

<[email protected]>
Tuesday, August 16, 2016 12:28 PM
Processing Completed for Filing # 45272174

Dear Neil J. Gillespie:

This email verifies the processing of your Filing # 45272174 with the Marion
County, Florida Circuit Civil Division.
Status:
Filing Date/Time:
UCN:
Clerk Case #:
Case Style:
Matter #:
Memo:
Filing Fee:
Motion Emergency Motion:
Affidavits and Oaths Affidavit:
Statutory Convenience Fee:
Total Paid:
Fee Status:
Paid By:
MFC Order #:

Accepted
08/16/2016 12:06:24 PM
422016CA000712CAAXXX
16CA000712AX
SUMTER ELECTRIC COOPERATIVE IN VS GILLESPIE

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Documents
#

Document Type

Status

Filing Date Rejection Reason

Motion Motion to Disqualify

Accepted

08/16/2016

Affidavits and Oaths Affidavit

Accepted

08/16/2016

Motion Emergency Motion

Accepted

08/16/2016

Fees
Your filing has been docketed with the Clerks office. The fee is in the process of

8/16/2016

Page 2 of 2

Processed.
This is a non-monitored email. Do not reply directly to it. If you have any
questions about this filing, please contact the Marion County, Florida Circuit Civil
Division.
Thank you.
Many counties no longer require paper follow-up. To see a complete list, click on
this link.

8/16/2016

FLORIDA DEPARTMENT

or

STATE

RICK SCOTT
Governor

KENDETZNER

Secretary of State

August 10, 2016

Mr. Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Re:

Public Records Request

Dear Mr. Gillespie:

Enclosed are public records responsive to your request.
Please note that redactions were made are pursuant to section 119.071(5)(a)5, Florida
Statutes.
The Department now considers your request fulfilled. It has been a pleasure to be of
service to you. There is no charge for these copies.
Respectfully,

Office of the General Counsel

Enclosures (as noted above)

Omce of the General Counsel

R.A. Gray BuDding 500 South Bronough Street Tallahassee, Florida 32399-0250

850.245.6536 850.245.6127 (Fax) DOS.MyFlorida.com

NOTARY PUBLIC COMMISSION APPLICATION

florida Department of State

Notary Comlnissions and Certifications Section (850) 245-6975

This application and the inform8tionit contains, except social security numbers, are public record and tnny be disclosed to any person upon request.

EDITH
(Lasl)

(FirSl)

Home Address; 6248 SW 103RD ST RD

(MjddJ~)

OCALA

(S\reet)

FLORIDA
(State)

(Citr)

o Unemployed
OCALA

Business Address: 4872 SW 60TH AVE

(Slreel)

(SlreellP.O. Box)

[email protected]

(Cit),)

D Male
Iii Fenlale

(County)

(Zip)

(Stille)

(Zip)

CJ Asian
iI Black or African An1erican

Race:

(or \\'riUt "NONE")

(J

Native American or Alaska Native

D White

o Other:

(352)361-3650

Home Phone:

34474

(Stale)

Sex:

o Retired

FLORIDA

(City)

34476
(Zip)

(Count)')

Place ofElnployment: SUMTER ELECTRJC

E-mail Address:

MARrON

(or write "NONE")

(352)867-2713

Business Phone:

Extension:

(or wrile "NONE")

Florida Driver's License

~.

III.

2713
-----
Date of Birth: ~/~/~

ssued ID): G653-200-62-633-0

(MonthIDilyN e:u-)

Social Security Number:

The disclosure of a Florida notary public apphcanfs social security number is expressly requjred by Fla. Stat. 117.0 1(2) a11d is imperative for processing notary public
commission applications. Please be advised that social security numbers are only used for processing the notary application and are exempt from disclosure pursuant to
FJa. Stat. J19.071 (5).(a)5.

1.
2.
3.

Are you a legal resident of Florida? iii Yes D No (rrNo. you ITt not aliuiblc to llpply I'or a flOllr)' conunission L..etlsl residene~' muSl be mainlain,d throuyhoullhe nppoinlmenl.)
Are you a United States citizen? iI Yes (J No (IrNo, you must submit a recorded Declaralion or Domicile. Obt~ lhis document rrom your Counly CourthQuse.)
Are you now Or have you ever been commissioned a Notary Public in the State of Florida?!iiI Yes CJ No (IrNQ. you., nlWl complete a 3 hour NotDJ)' cQuCQtion

cour!" Qnd submtt a si&:n~d cenific:me

IrYe~. 06

,. 01

or completion. Fin. Stat, M8.SU (II )(bj,)

,2016

4.

EDITH GRANT

#EE206957

(Commission t':o.:}lirJuio~

-----(N-lVtl-ef1-or-\\-'h-ich-y-ou-r-co-m-rru-'ss-io-nwas--iss-ue-d)-~--

(Comrruuion number)

Have you held any professional licenses OJ" commissions (other than Notary Public) in Florida during the past 10 years? CJ Yes iI No
Iryes. plcaselisl:

------------------------------------

5.

Have any been revoked? CI Yes iii No (IrVes, }'OU must submit a wrllten stlltemenl abou\ the naluro ofthe Action on4l1 copy of the Final Order (rom the reiulatinu alltncy.)
Have you been disciplined by a regulatoJ)' agency, incJuding the Florida Bar, and including disciplinary action that is confidential? Cl Yes" No

6.

Have you been convicted of a felony~ had an adjudication of guilt withheld for a felony offense, or are you cunently on probation? Cl Yes ii No

([rYes, you
([rYes,

.YOU

submit a wriuen sli1temenlllboUllhe nalure or the action and any supponin~ documentation, such AS a COP)' of the Fin~

mUll

Ord~r

(rom the reyul:llil\~ agency)

mUSl submit a wrilten stlltement oflhe nl1ture of the oITense(s). a copy orthc CQurtjudgmenl nnd senlallcing order. Irconvicled. you must ~ubnlj, a certificate of Restol111ion

or Civil Rights.)

AFFIDAVIT OF CHARACTER

STATE OF FLORIDA

I, ---~=:...~.u.",..l'_+_-'--""---..a::-_+,_OL....;:;~~~-----(Print or Type Nam

Affilll'lt)

\f)Jar', Q ~~ COUNTY
am unrelated to and have known ---::I~.,..ooIIIIf::::::aMjf-1''''fI!'Y-~,b-+---6
......,-ro~....:.Yl....;...;T _
(Name of Apphcnnt)

for one year or Inore; and to the best 0 my knowledge and observation know hiln or her to be of good character.

My address is

SlaIn

JVW g'-h(t.VE.
(Stract)

UNDER PENALTY OF PERJURY

ARE TRUE.
Home Phone:

DcaJc~

FJ-

(City)

mat)tJYl 3447<:;

(SIQte)

(County)

(Zip)

r DECLARE THA T r HAVE READ THE FOREGOING AFFIDA VIT A

~ l(/p7, ~9r1.

Work Phone:

(or write nNONE")

~ li/.i1-;l7 ) I
(or write "NONE")

OATIl OF OFFICE

~V\

STATE OF FLORIDA

COUNTY

I do solenlnly swear (or affinn) that I will supp0l1, protect, and defend the Constitution and Government of the United States and of the State of Florida;
that J am duly qualified to hold office under the Constitution of the state; that I have read Chapter I 11, Florida Statutes, and any amendments thereto and
know the duties~ responsibilities. limitations, and powers of a notary public; and that I will well and faithfully perfolm the duties of Notary Public, State of
Florida, on which I wn now about to enter. So help me God. *
l

UNDER PENALTY OF PERJURY'?t,DCLARE THAT I HAVE READ THE FOREGOING APPLICATION AND OATH, AND THAT THE FACTS
STATED . 'EREIN ~RE RUE. J ac, pt the Office fNotary Public, State of Florida,
J/
X

, -'

iciri/2

__

k~~?

b&ed

tom

. ..

(Prin! or Type Name - Name in which \'our commission will b~ iS$utld)

\,:r

It' 1&
(Oo,e)

*Nole:

If you affirm, you may omit the words

"So help me God." Fla. Stat. 92.52.

~~W~liJ~li1;iji~i~~:;(i~l~1fMt1Yn!nil11i~~ijYoom&~1nifi~;~~~~~V;f1-1~niffi'n~1iftr(f~~~

'il~!

O~LY

STATE OF FLORIDA
BOND OF NOTARY PUBLIC

t~1

il

FOB OEEIQe USE

Approved by Department of State:

I
~

Secretary of State
Notary Commissions

.~:!

STATE OF FLORIDA

If

KNOW ALL MEN BY THES.E PRESENTS.That

Z::cil!J

;1

,),i.

Western

_I

~~

we~ ;~'

Gzl2a;..-J"L

sur~~nl~~.~~~~L~n?Or3m31~053assurely

~~

=
~

i.l.:

individual who may be harmed as a result of a breach of duty by said applicant acting in his/her official capacity as

_
~

jlUb!1' prescribed b law,

....

.I'

Signed and sealed this

A~~.

~"/'

I'
.f

,~/
~......
0....
(Signa1,
Of Applicant;

""-

0'

MAY 10 2016

day of

,~

.20

I'.~-

~~\~~R~~~/~

~ A.~..

P. O. BOX 5077
Sioux Falls! SO 57117..5077

T~~t~f~~~dl!~:~n~~~~)C.

.'-'O~ ~

@ d..PO~.IL4J '.';II-%
-YtA ~'!O
..,.. ~%
rn :Z

!~~

I~::
~~

:::~.
to: Or
=w: 0

=
. "e
%:~(j~H'~~~~V

:~
:~

~~\
~*

r~11
I,_
!~.~.~

A. "

Ilil/I'"It""\'\\

~.~

DI!f!

UP.'

;:.:~i,

.:-<~
:*~

-'
By

(S~n81lftOfF~,d.U ..

~,

n.odAg.nl)

I~

A068326~;
(Florida Ucerlsed Agent Number)
!!(;

~~~2::~l;~~~~g~J

I!

II~I

~.

West~~~M~r~~:~.~a~~~pany
(Addrll& or Surely Company)

I;l

I~
~
~

!;~I
I~~I

Applicant was, on the date of issuance of commission, bonded as a Notary PubHc in and for the State of Florida, to hold
office for the term of four years in accordance with the Constitution and Laws of this State.
Now, therefore. if sajd appHcant shall faithfully djscharge the duties of the offrce of Notary
then this obligation sha,1I be void.
..!,

1~:.:1

Company. give bond payable to any

X(.,......

!:~I
l~~1

as Principal. and .

Notary Public, in the amount of Seven Thousand Five Hundred Dollars ($7.500) as assurance for the due discharge of
the duties of his/her office of Notary Public and we do bind ourselves. and each of our heirs, executors and
administrators, jointly and severally.

~
t)
~

:f$1

Section 817.234(1)(b). F.S. MAny person Vlho knowingly and with intent to injure, defraud. or deceive any insurer files a
statement of claim or an application containing any false. in.complete, or misleading information is guilty of a felony in the
third degree."
This bond shall be for Seven Thousand, Five Hundred Dollars ($7.500). After execution by surety company. the bond
must be submitted to the Department of State for approval and filing befo=:= of lhe notary public commission.

'Ii.:., :
-.

z:

e-(:

~:

:;:
~~
~:

I~:

~PItP.:'.iJ.~9 J~~~~~~~'::.~1l:~::~.!.l~q eJ~ ';~~1:!:. ~Jq.;!:qg~'.~;lP.~~ 1~:l.J.~!.J!~"~~.!~;~ !~'P'i;f(Jl~';,:~Y!~~Ij~!.:'J~.' f.~ R!,~ ';!;~?:~~P:I~~P:~.~l~~ B!~~ e!;~ l~( ~;!~\,:~~,;.~
TF.()2

DSIOE (03104)

MAIL APPLICATION:
Florida Notary Discount Association. Co.
P.O. 80" 7177

NOTARY PUBLIC COMMISSION APPLICATION

Florida Departnlent of St~te
Notary COlnnlissions (850) 245-697-5

Tallahassee, FL 32314

Florida Discount (800) 3..NOTARY

This applicntlnn omllhl: inl'unmlliull it C(lllluins ..:x~cpt .sc>einl :tccmfty nU1'rlh(r~. un: rlllhlic r,""~llnJ nnd will he :lvnilnhl~ on thr: Divlsion'~ wch~\,e.

Full Name~ Thurston

-----------------

Meagan

U.:l'U

Marlis
IMjdd~1

Wirm

Home AddrcN~: 815 Gentle Breeze Dr.

Place of Em p!oymcllI: Sumter Electric Cooperative Joe. "SEeD Energy"

Ousjn~s~ I\udrc~~: P.O. Box 301

LAKE

Fl

MInneola

DRctircd

DUncmplo)'cd

FL

Sumterville

34715

SUMTER

-(~S-'N-Il'I-. -------------I-~I-.:~dl----I(-t'-n----------I-St-:\t-~a------IC-'(l-I.I-I~-'

33585

----.-1.;-"1-

Mtlilln:DI'loIllC 0l]usinc~~ DOthcr Address:

_
ISlr1.,wPO

no, I

~S,m.,'

l('iL\'t

Rac~: White

Sex:DM[!]F

Emuil Address: meagan,thurston@secoenergy,com

l%il'l

lnrunt~ ~NONrn

Hml)u Ph()Il~~ ( ~ ) _6-7-0--0-0-43

Businc~s Phone: ( ]~ )_5_6_9_-9_6_7_5

If.)f' ,,';11: '"N{lNL:',

E:\:lCflsion

IN' link -N()NH~t

~ FloridR l)rh'cr'~ l.iclm~e {OJ" ol.her ShliC of Florida hilled [()):t.-!_6_2_3_-S_5_3_-S_4_.7_4_6_-0

I. Arc )'Clll n JcgnJ resilient of Florida'!0Xc~DNo I.I'N",. ~(lU nr~not Io!lI,Whl( \(,i~)pl~

lor;a

Dille or Birth:

07 I 06 I 84

~1\~\:;;;-

nnliU~ ~(lI11ml~$1on Lt~ M1tWm.... lI1l1s1 bl: nl:JIHI,lincd IIm'U~bLlllllbl:appolllll1.l'.:nll

2. Arc you RUn il~d Stutes ci I izen? GYc.i\O No (J( No. } DI.I WlA11"tlHlIlI rl.:c~rdel1l)~d.r:lI1Cln or 1)(lAli~lre Obtnln Jhis d-'I,:11"1~111 (roOl ~ oor ('l'I.ll~ ('thlr1~1U )
3. Arc you nnw or !lave you cvr.:r heen c()mmb~~ioned u Notury Puhlic in lht: SHale of Fl(1l'idu'!E)Yc:ONo II'No. \IIU. nlUSl rOI''I(,III1~:1Jhnllr N(llllT;\~III:~lml<:~&Jr.I\:
DI1lI S\lIH,...1:I s~yf1"d c~"'liSl~"'l! or can1iJI~IHJn \('11. flf.x.~l1 CIII F.S.)

lI'y~s: ~~ iJJ) 13
Irnmnn~liOlh"llir.lIl(tn lJ.'Lhrl

4,

Dl) ct c.j 'fit ~ 3

lC"WI1m1'illloll n~mblKJ

6,

1~11111t In "hich ~uur tumrlll~"$iOfl "I~ ISJU..-d)

Have yuu ht:ld am)' prof~ssionDlliccnsc~ or ~omrnis~iom; (other than Not~ry IJublic) in Florldo during the pasl 10 ycurs'?DVc5I!]No 11f,~. plo..wdt:ll a
~~~~~~~~~~~~~~~~
~~~~~~~~~~Huvcunybt:en~vok~d~~~s~orY~.)al~U~~~~~~~~\
I~,nwnl @mll ~bll P:l\urtOrLh(lnaion ~1H1 Gnr$1&I1JK>l1in~ c.kl':I.I"'etlltltlMIiUch III n .:oP} or1l\~

S.

_M_e......;ag;,.-a_nM_a_rl~is_D_on_o-:-hu~e _ _~

Fit",\! Ordtr r~llh\'! f\.1:Ulllllrlij a~I~')

~Iu\'c you been di$~iplincd by ~ fl..1JlIhllury ugcncy. including. th~ Plorida lJur. and including disciplh)ur)' nclion linn is \:<mtidcnci\l1'!DYe~0Nu
fir v~. >011 nll.ftll $"IJluiJ il auill\ln lI'ntnl~nl abOUl ~hJ n:al~r.: ar 11'1, 4diQJ1 M4 M~ lUI'IKUl,lI\g dOalllnnllon. :such ~ OJ copr orllM: ~iMl ()Id(r rl~~ ..,,~ Pl1., "1,-,mc~' J
Hu\'c ~OU ~en .,:onvlch:d nrU Icloll)'. hud u~iudjculion ol'guilt wlthheld. oraTe );0\1 on probulion !L.JYc:"L:::JNo CIl"~\lau,"USlSublS\lln~,ml\!tl~I:Il~nt..'llln'
l

'he Ilil\lItl! ttf ll\t (ln~n~...IJI. :\ .:~p~' ~\h~ ':0 LI rl Juctl1l4t11 :1nll.IolrJI~~Jn' Qrd~l. Ir c:cln\'icl\:d. >'I)lJ mtlIlIUbll'lilll.:~r'llJkl~or lt~stom,i(ulllrrl\;1 Ri~hlS..

COlJNTY

_S_U_M_Tc_R

UNnl~R PENALTY OF PERJURY. I DECLARE THAT I IJAVE READ THE FOREGOING AFFIDAVIT AND T[-II\'I' TNt: FACTS STATED IN IT
ARE TRUE.
if'

5/

Home Phone: (

r\gx;,
c~r \\rilO NONI~")

Work

Phpne:~) 5toQ-q79
101 ""II.I"~or-ar.

S1'Ar~

er

~2 n0~
. ._-----.:l

tSiljhtllUle o( Arfillr1\1

o,\'rU Ol~ OFFICE

OF fLORIDA

COUNTY _l_At<_E

I DO solemnI)' (:.;w~ur) (aftin11) Ihm I will $UPf')Of1. protccl fmd dclbnd tile Constitution and G(lvCl'nmCnl of the Uniled S1ate~ cmd of the Slate ~}r Floridu;
th,n I ~11l1 dilly qllaJincd to hold uflicc Linder the (.'nmaillitiun t>1' Ihe Swt~ or Florluu: Ih,1t J have rCfld Chapl~r 117. Floridu Slmlllc~. and any :n1t~ndm~nt~
thereto. und knl)'" the duties. re~p(ll1sibililie~. Jinlilntiun:-i. und J1(}W~J~ C.)rn noturr public: uncl thnll wlll h()nc~tly. diligcnlly. ~md rnithli.llI)' dhcl;hurgt: the
duties of Notury PuhHc, SUllC 01' Flnridu un which I um nnw nhollt tu enter. (~U help me God).
UNDER PENALTY OF PERJURY. I DECLl\ltE THAT I H/\ VI: READ THE FOREGOlNG APPLrl'AT{ON ANI) OATH AND TIJAT THE FACTS
STATED"
REIN ARE TR f::
,. pt the Of1icC{lI'Not"r)' I)uhlic. Stule or r1{,rida.

Thurston

l'

I 2013

----~---

-.. Sochll Sccurit~, Numb

PLEASE COMPLETE THE REVERSE SIDE ~

FOR OFFICE USE ONLY

STATE OF FLORIDA

BOND OF NOTARY PUBLIC

Approved by Department of State:

Secretary of State

Notary COlllnlissions

STATE OF FLORIDA
KNOW ALL MEN BY THESE PRESENTS, That
_ _.........

Meagan Maras Thurston

Print NUnlc

(NQm~

we~

as Principal. and

or AppfttiJnt Please PrJll!)

1 (800) 3952242
(lmprlllt Naill": ofSun:l)' C<lmpml}')

["~h::,.,oo~ Numhcr)

as Surery Company, give bond payable to any individunl who lnay be hanned as a resuh ora breach of duty by said
applic<lnt acting in his/her oflicial capacity as Notary Public. in the amounl of Seven Thousand.. Five Hundred
Dollars ($1..500) as assurance for the due discharge oflhe dulies ofhis/her office or Natary Public and we do bind
ourselves, and each of our heirs, executors and adnlinistrators, jointly and severally.
AppUcant was. on the date of issuance of cOlnmission. bonded as a Notary Public in and for the State of Florida, la
hold office for 'the term of fO~lr years in accordance with the Constitution and Laws ofthis State.
Now, therefore, if said applicanl shall faithfully discharge the duties of the office of Notary Public as prescribed by PJease
law. then this obligation shall be void.
/~:~e
1

Signed and sealed this

20
- - - - - - day of ----.~__r"-....,.~--.---"~
Western Surety Cofnpa'-'nrrvy--

P.O. Box 5077~'"SrOUx"'F~11s, SD 57117

(5ia

3tur~

or FI{)I'i dn Licensed A~.:nt I

At 50040 d'
(Printed

llt1m~

or ro"loridn Liccn:;~d AUL:nL)

Section 817.234(1)(b). F.S. "Any Ilerson \vho knowingly and with intent to injure. defraud. or deceive any Insurer files
a statement of clainl or an appllcatlon contalnJng any false. incomplete, or mfslfadlne Information Is guUty of a ferony
In the third degree."
This bond shRIl be for Seven. Thousand. Five Hundred Dollars (S7.500).

After execution by surety company, the bond must be submitted to the Deparfment of State for apl)rOVAI and filing

DS/DE 76 (03/04)

before issuance of the notary public commission.

Page 1 of 1

Neil Gillespie
From:
To:
Cc:
Sent:
Subject:

"Gorman, Amanda" <[email protected]>

<[email protected]>
"Reid, Jack" <[email protected]>; "Sams, Savannah"
<[email protected]>
Friday, August 05, 2016 6:38 PM
Public Records Request

Mr. Gillespie,
A search of the Executive Office of the Governors files has produced 4 pages responsive to your
request. You may find your records on the Governors Website at the link provided below under
Gillespie, N. 06-G. Thank you for contacting the Executive Office of the Governor.
http://www.flgov.com/open_government/
Sincerely,
Amanda Gorman
Office of Open Government
Executive Office of the Governor
PL-04 The Capitol
Tallahassee, Florida 32399
850.717.9248

8/5/2016

Page 1 of 1

Neil Gillespie
From:
To:
Cc:
Sent:
Subject:

"Gorman, Amanda" <[email protected]>

<[email protected]>
"Reid, Jack" <[email protected]>; "Sams, Savannah"
<[email protected]>
Friday, August 05, 2016 6:38 PM
Public Records Request

Mr. Gillespie,
A search of the Executive Office of the Governors files has produced 4 pages responsive to your
request. You may find your records on the Governors Website at the link provided below under
Gillespie, N. 06-G. Thank you for contacting the Executive Office of the Governor.
http://www.flgov.com/open_government/
Sincerely,
Amanda Gorman
Office of Open Government
Executive Office of the Governor
PL-04 The Capitol
Tallahassee, Florida 32399
850.717.9248

8/5/2016

. -, '

~.

,,'

IN THE CIRCUIT COURT OF THE FIFTH

JUDICIAL CIRCUIT IN AND FOR MARION
COUNTY, FLORIDA

CASE NO. 2016-CA-000712

SUMTER ELECTRIC COOPERATIVE, INC.,

a Florida not for profit corporation,
Plaintiff,

t=-r,

or

vs.

MTNP

Name: -J.U-J...f,&,t.~~~~"""IiI!!::=::::=
Date: ----:---~~~~~--
Time: _ _~.J-,;.~~~""""--

NEIL J. GILLESPIE,

#:

<rrJ
,n G
o

~r

, .. ".

_....!J:.'---L~~..-:...J...:----

Defendant.

-----------

~I

EMERGENCY PRELIMINARY INJUNCTION

THIS CAUSE came on before the Court upon the Plaintiff's Emergency Motion
for Entry of Preliminary Injunction ("the Motion"). With the Court having reviewed the
Motion and the affidavits and other attachments to the Emergency Motion, and with the

Cqurt 1erwise ~ duly ad,iid in the premises, the Court finds and orders at
__
,:
AM/&n this
day of April, 2016:
A.
The Plaintiff, Sumter Electric Cooperative, Inc., ("SECO") owns a
possessory interest in facilities where it carries out business pperations (the "Facilities")
at the addresses set forth in the Notice of Trespass (the "Notice") attached to Plaintiff's
Motion.

B.

As a matter of law, SECO has the right to exclude any person from the

Facilities.
C.
Defendant has announced, in writing, his intention to act with incivility and
declared "war" on the Plaintiff. The affidavits of SECO employees establish that
Gillespie's statements and behavior have created a reasonable fear that Gillespie is a
danger to the safety and wellbeing of SECO employees, customers and property as well
as to SECD's ability to orderly conduct its business at the Facilities. Defendant's openly
hostile and threatening conduct at the SECO Facility is detrimental to public safety, as
well as to the safety and security of SECO employees and property. Under these
circumstances, the requested injunction is in the public interest.
D.
SECO has issued the Notice to Defendant, which constitutes a valid
warning against trespass.


7'

'

..

"

.,

'"

E.
A violation of the Notice would result in further interruption to SECD's
orderly business operations, and a security guard has been obtained by SECO to
intercept Defendant, should he return. There is no remedy for an interruption to SECD's
orderly business operation.

F.
SEeD is without an adequate remedy at law to protect SECO's
employees, customers and properties from Defendant without the issuance of an
injunction preventing Gillespie from entering the Facilities.
G.
The underlying claim in this matter seeks an injunction against trespass.
SEeQ's right to exclude others from property in which it holds an exclusive possessory
interest is fundamental. Therefore, it appears likely that SEeO will prevail on the merits
of the underlying claim. Furthermore, Gillespie is presently without the right to enter the
Facilities, so the potential injury to SEeO outweighs any possible harm to Gillespie. This
injunction is designed to maintain the status quo.
H.
SEeD has offered sufficient reasons that this order should be granted on
an emergency basis and without formal notice to the Defendant. SECD requires
immediate relief to protect the safety of persons and property as alleged in its motion,
and because there is no harm to Defendant presuming that he does not violate SECD's
right to exclude him from the Facilities. He may conduct any and all necessary business
with SECO telephonically, electronically, and through the mail. Having been furnished
with the Notice of trespass, the entry of the requested injunction does not alter
Defendant's right of entry to the Facilities, because he is already without such a right.
Where the acts to be enjoined are detrimental to public safety, as they are here, they
may be enjoined.
I.
Pursuant to Rule 1.610(b), no bond is required for issuance of a
temporary injunction issued for preventing physical injury or abuse of a natural person.
SECD has alleged a threat to the safety of natural persons, and this threat is a factor in
the court's issuance of this injunction.
ORDERED AND ADJUDGED:
1.
Absent the entry of an injunction, it appears from the specific facts shown
by affidavit that immediate and irreparable injury, loss, or damage will result to SEeD
before Defendant can be heard in opposition.
2.
The Defendant shall not, at any time prior to the dissolution of this
Temporary Injunction, enter into any structure, or upon the curtilage thereof, at the
facilities possessed by SEeO at the following addresses:
Ocala, Florida:

th

4872 Southwest 60 Avenue

Ocala, FL 34474

Sumterville, Florida:
330 U.S. 301
Sumterville, FL 33585

Sumterville, Florida:
293 U.S. 301
Sumterville, FL 33585

Eustis, Florida:

Groveland, Florida:
850 Howey Road
Groveland, FL 34736

Inverness, Florida:
610 U.S. Highway 41 South
Inverness, FL 34450

50 West Ardice Avenue

Eustis, FL 32726

3.
No bond is required. The petitioners shall cause this Emergency
Temporary Injunction to be served on the defendants in accordance with Florida law.

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4.

The Court retains jurisdiction of this cause.

. _ /;

DONE AND ORDERED in Ocala, Marion County, Florida, this..f.K.!{ day of April,

2016.

d~rf;;r;
Circuit Court Judge

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished by U.S.
Mail to this ~day of April, 2016.

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RULE 1.610.
(a)

INJUNCTIONS

Temporary Injunction.

(1) A temporary injunction may be granted without written or oral

notice to the adverse party only if:
(A) it appears from the specific facts shown by affidavit or
verified pleading that immediate and irreparable injury, loss, or damage will result
to the movant before the adverse party can be heard in opposition; and
(B) the movants attorney certifies in writing any efforts that
have been made to give notice and the reasons why notice should not be required.
(2) No evidence other than the affidavit or verified pleading shall
be used to support the application for a temporary injunction unless the adverse
party appears at the hearing or has received reasonable notice of the hearing. Every
temporary injunction granted without notice shall be endorsed with the date and
hour of entry and shall be filed forthwith in the clerks office and shall define the
injury, state findings by the court why the injury may be irreparable, and give the
reasons why the order was granted without notice if notice was not given. The
temporary injunction shall remain in effect until the further order of the court.
(b) Bond. No temporary injunction shall be entered unless a bond is given
by the movant in an amount the court deems proper, conditioned for the payment
of costs and damages sustained by the adverse party if the adverse party is
wrongfully enjoined. When any injunction is issued on the pleading of a
municipality or the state or any officer, agency, or political subdivision thereof, the
court may require or dispense with a bond, with or without surety, and conditioned
in the same manner, having due regard for the public interest. No bond shall be
required for issuance of a temporary injunction issued solely to prevent physical
injury or abuse of a natural person.
(c) Form and Scope. Every injunction shall specify the reasons for entry,
shall describe in reasonable detail the act or acts restrained without reference to a
pleading or another document, and shall be binding on the parties to the action,
their officers, agents, servants, employees, and attorneys and on those persons in
active concert or participation with them who receive actual notice of the
injunction.

5
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(d) Motion to Dissolve. A party against whom a temporary injunction has

been granted may move to dissolve or modify it at any time. If a party moves to
dissolve or modify, the motion shall be heard within 5 days after the movant
applies for a hearing on the motion.
Committee Notes
1980 Amendment. This rule has been extensively amended so that it is
similar to Federal Rule of Civil Procedure 65. The requirement that an injunction
not be issued until a complaint was filed has been deleted as unnecessary. A
pleading seeking an injunction or temporary restraining order must still be filed
before either can be entered. The rule now provides for a temporary restraining
order without notice that will expire automatically unless a hearing on a
preliminary injunction is held and a preliminary injunction granted. The contents
of an injunctive order are specified. The binding effect of an injunctive order is
specified, but does not change existing law. Motions to dissolve may be made and
heard at any time. The trial on the merits can be consolidated with a hearing on
issuance of a preliminary injunction, and the trial can be advanced to accommodate
this.
Court Commentary
1984 Amendment. Considerable dissatisfaction arose on the adoption of the
1980 rule, particularly because of the creation of the temporary restraining order
with its inflexible time limits. See Sun Tech Inc. of South Florida v. Fortune
Personnel Agency of Fort Lauderdale, 412 So. 2d 962 (Fla. 4th DCA 1982). The
attempt to balance the rights of the parties in 1980 failed because of court
congestion and the inability in the existing circumstances to accommodate the
inflexible time limits. These changes will restore injunction procedure to
substantially the same as that existing before the 1980 change. The temporary
restraining order terminology and procedure is abolished. The former procedure of
temporary and permanent injunctions is restored. The requirement of findings and
reasons and other details in an injunctive order are retained.
Subdivision (b) eliminates the need for a bond on a temporary injunction
issued to prevent physical injury or abuse of a natural person.
Subdivision (e) institutes a requirement that a motion to dissolve an
injunction shall be heard within 5 days after the movant applies for it. This
provision emphasizes the importance of a prompt determination of the propriety of
injunctive relief granted without notice or, if the circumstances have changed since

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the issuance of the injunctive order, the need for speedy relief as a result of the
changes. Former subdivisions (a), (b)(3), and (b)(4) have been repealed because
the new procedure makes them superfluous. The right of the court to consolidate
the hearing on a temporary injunction with the trial of the action is not affected
because that can still be accomplished under rule 1.270(a).

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