PLAINTIFFS JOINT MOTION TO VACATE AUTOMATIC STAY. Plaintiffs Florida Wildlife Federation, Inc., Sierra Club, Inc., St. Johns

Similar documents
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA. v. Case No CA

BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION. In re: Petition for rate increase by Gulf ) Docket No EI Power Company ) )

Case 4:15-cv MW-CAS Document 20 Filed 09/01/15 Page 1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

Case 4:14-cv JA Document 251 Filed 06/19/14 Page 1 of 5

MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS

BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION. Cost Recovery Clause with Generating Performance Incentive FILED: September 13, 2006 Factor /

Case 4:18-cv MW-MJF Document 30 Filed 11/15/18 Page 1 of 5

AMENDED JURISDICTIONAL BRIEF OF APPELLANT BOB WHITE, SHERIFF OF PASCO COUNTY

IN THE SUPREME COURT STATE OF FLORIDA. Case No. SC Lower Tribunal Case No.: 08-1 THE STATE OF FLORIDA. Appellant/Petitioner,

Case 6:13-cv JA-DAB Document 21 Filed 01/09/14 Page 1 of 9 PageID 330

IN THE SUPREME COURT OF FLORIDA Case No. SC

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT OF FLORIDA

Case 4:08-cv RH-WCS Document 90 Filed 08/25/09 Page 1 of 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

IN THE SUPREME COURT OF FLORIDA. Case No. SC12-216

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA TALLAHASSEE, FLORIDA

IN THE CIRCUIT COURT FOR THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA

IN THE SUPREME COURT OF FLORIDA CASE NO. SC PALM BEACH COUNTY CANVASSING BOARD, Petitioner, vs.

IN THE SUPREME COURT, STATE OF FLORIDA

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT. Appellant, v. Case No. 4D L.T. No.: MM000530A STATE OF FLORIDA,

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC11- THIRD DISTRICT CASE NO.: 3D UNITED AUTOMOBILE INSURANCE COMPANY a Florida Corporation,

SUPREME COURT OF FLORIDA CASE NO.: ST. JOHNS COUNTY, Petitioner, ROBERT & LINNIE JORDAN, et al., Respondents.

SUPREME COURT OF FLORIDA

SUPREME COURT OF FLORIDA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: CIV-KING/O SULLIVAN

Case 1:04-cv JLK Document 213 Entered on FLSD Docket 04/04/2007 Page 1 of 5

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION FLORIDA SECRETARY OF STATE S ANSWER AND AFFIRMATIVE DEFENSES

IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO.: CASE NUMBER ASSIGNMENT PENDING L.T. CASE NO.: 5D

IN THE FIFTH DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

IN THE SUPREME COURT OF FLORIDA CASE NO. SC JEFFREY E. LEWIS, et al., Appellants, LEON COUNTY, et al., Appellees

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC: 4 th DCA CASE NO: 4D STATE OF FLORIDA, Petitioner, vs. SALVATORE BENNETT,

IN THE SUPREME COURT OF FLORIDA CASE NO. SC L.T. CASE NO. 13-CA VICKI THOMAS, CHRISTOPHER TRAPANI, and SIDNEY KARABEL,

In the Supreme Court of Florida

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA PLAINTIFF'S EXPEDITED MOTION FOR REHEARING

Filing # E-Filed 02/03/ :01:59 PM

IN THE SUPREME COURT STATE OF FLORIDA. Case No. SC

IN THE DISTRICT COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT. CASE NO. 5D Lower Tribunal Case No CF AXXX-XX

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

IN THE SUPREME COURT FOR THE STATE OF FLORIDA

BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FINAL ORDER GRANTING PETITION FOR VARIANCE FROM RULE 62B , F.A.C.

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CASE NO.: 1D CARL DORÉLIEN, Appellant, vs. MARIE JEANNE JEAN, Appellee.

ORDER DENYING MOTION FOR TEMPORARY INJUNCTION. Florida Carry, Inc., and Alexandria Lainez ("Plaintiffs") have sued University of North Florida

IN THE SUPREME COURT OF FLORIDA. CASE No.: SC

IN THE SUPREME COURT OF FLORIDA CASE NO. SC CHRISTINE BAUER and THOMAS BAUER, Petitioners, ONE WEST BANK, FSB, Respondent.

IN THE SUPREME COURT STATE OF FLORIDA. Case No. SC BETTY JEAN MANN, Petitioner,

IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC04-58 ON DISCRETIONARY REVIEW FROM THE FIFTH DISTRICT COURT OF APPEAL

IN THE DISTRICT COURT OF APPEAL FOR THE FIRST DISTRICT, STATE OF FLORIDA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA RESPONDENT'S ANSWER BRIEF ON THE MERITS

IN THE SUPREME COURT OF FLORIDA. Case No. SC BEST DIVERSIFIED, INC. and PETER HUFF. Petitioners, vs.

IN THE SUPREME COURT OF FLORIDA

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION CIVIL ACTION NO. 5:17-CV-25-FL

Case 4:16-cv MW-CAS Document 26 Filed 10/11/16 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA

UNITED STATES DISTRICT COURT THE SOUTHERN DISTRICT OF FLORIDA CASE NO CIV-KING/O SULLIVAN

STATE OF FLORIDA, DEPARTMENT OF REVENUE TALLAHASSEE, FLORIDA INTEGRA CORPORATION, Petitioner, DOR 90-1-FOF vs. CASE NO DEPARTMENT OF REVENUE,

---" ~ ~----

IN THE SUPREME COURT OF FLORIDA Case No. SC

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DCA CASE NO. 3D THE STATE OF FLORIDA, Petitioner, -vs- MAXIMILIANO ROMERO, Respondent.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA. v. Case No.: SC RESPONSE OF THE SECRETARY OF STATE IN OPPOSITION TO PETITION FOR WRIT OF MANDAMUS

Case 9:13-cv WPD Document 1 Entered on FLSD Docket 10/01/2013 Page 1 of 7

IN THE SUPREME COURT OF THE STATE OF FLORIDA

IN THE SUPREME COURT OF FLORIDA STATE OF FLORIDA S RESPONSE TO ORDER TO SHOW CAUSE

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA

IN THE DISTRICT COURT OF APPEAL FOR THE STATE OF FLORIDA FIFTH DISTRICT

IN THE SUPREME COURT OF FLORIDA CASE NO: SC BEVERLY ROGERS, et. al. v. THE ELECTIONS CANVASSING COMMISSION OF THE STATE OF FLORIDA, et al.

IN THE SUPREME COURT OF FLORIDA CASE NO: SC04- EDNA DE LA PENA, Petitioner, vs. SUNSHINE BOUQUET COMPANY and HORTICA, Respondents.

IN THE SUPREME COURT OF FLORIDA

City of Sanibel Victoria Avenue, 2nd Floor. July 30, The Honorable Lizbeth Benacquisto. Fort Myers, Florida 33901

IN THE SUPREME COURT OF FLORIDA PETITIONER S JURISDICTIONAL BRIEF. On Review from the District Court of Appeal, Fourth District.

Case 3:12-cv UATC-MCR Document 31 Filed 09/13/12 Page 1 of 2 PageID 2192

IN THE SUPREME COURT OF FLORIDA. v. Case No. SC *********************************************************************

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

IN THE SUPREME COURT OF FLORIDA. Sup. Ct. case no. SC07- DCA case no. 1D LEON COUNTY, FLORIDA'S BRIEF ON JURISDICTION

IN THE SUPREME COURT OF FLORIDA CASE NO. : SC MICHAEL A. PIZZI, JR., Individually, Petitioner, -vs.-

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

IN THE SUPREME COURT OF FLORIDA

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

IN THE SUPREME COURT OF FLORIDA. Case No. SC L.C. Case No. 4D

Case 1:12-cv WJZ Document 11 Entered on FLSD Docket 07/12/2012 Page 1 of 9

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA PETITION FOR WRIT OF HABEAS CORPUS

IN THE SUPREME COURT OF FLORIDA. v. Case No. SC L.T. No. 3D PHILIP MORRIS USA INC.,

SUPREME COURT OF FLORIDA CASE NO.: SC PUTNAM COUNTY, Petitioner, JOHN EDMONDS and MARY EDMONDS., Respondent.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA. CASE NO Civ-King. Plaintiffs,

Case 4:08-cv RH-WCS Document 416 Filed 01/14/13 Page 1 of 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

STATE OF FLORIDA ADMINISTRATION COMMISSION

v. Case No.: 1DO BRIEF AMICUS CURIAE OF THE NATIONAL EMPLOYMENT LAWYERS ASSOCIATION, FLORIDA CHAPTER

IN THE SUPREME COURT OF FLORIDA

IN THE COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES

IN THE SUPREME COURT OF FLORIDA. Petitioner, S.C. Case No. SC DCA Case No. 3D v. L.T. Case No. 08-CA-45992

IN THE SUPREME COURT OF FLORIDA CASE NO. SC INQUIRY CONCERNING A JUDGE No LAURA M. WATSON

IN THE SUPREME COURT OF FLORIDA Case No. SC13-968; SC LT Case Nos. 1D , 2010CA2918

SUPREME COURT OF FLORIDA PETITIONER, EMILY HALE S JURISDICTIONAL BRIEF

Case 1:08-cv CMA Document 20 Entered on FLSD Docket 05/08/2008 Page 1 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

Transcription:

IN THE CIRCUIT COURT FOR THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA FLORIDA WILDLIFE FEDERATION, INC., et al., Plaintiffs, v. Case No.: 2015-CA-001423 JOE NEGRON, as President of the Florida Senate, et al., Defendants. / FLORIDA DEFENDERS OF THE ENVIRONMENT, INC., et al., Plaintiffs, v. Case No. 2015-CA-002682 KEN DETZNER, in his official capacity as Florida Secretary of State, et al., Defendants. / PLAINTIFFS JOINT MOTION TO VACATE AUTOMATIC STAY Plaintiffs Florida Wildlife Federation, Inc., Sierra Club, Inc., St. Johns Riverkeeper, Inc., Environmental Confederation of Southwest Florida, Inc., and Manley Fuller ( FWF Plaintiffs ), Florida Defenders of the Environment, Inc., Steven J. Robitaille, Joseph W. Little, James P. Clugston, Lola Holland, Steven M. Holland, and W. Thomas Hawkins ( FDE Plaintiffs ) move to vacate the automatic stay arising pursuant to Florida Rule of Appellate Procedure 9.310(b)(2).

On June 28, 2018, the court entered final judgment in this matter, ruling that [t]he clear intent [of Article X, section 28 of the Florida Constitution, the Land Acquisition Trust Fund amendment] was to create a trust fund to purchase new conservation lands and take care of them. Final Judgment for Plaintiffs at 5. The court stated on the record that it had read the constitutional provision well over a hundred times and indicated that no other interpretation was supportable. Hearing Transcript at 83. This court rejected out of hand the Defendants contention that the Legislature was free to use the Land Acquisition Trust Fund moneys for any other purpose. The court s ruling should have ended the more than three-year period during which, as the court recognized, the Legislature has systematically disregarded the constitutional restrictions imposed by Article X, section 28. But governmental parties have taken an appeal, which has the effect of staying the trial court s judgment even as yet another legislative session is fast approaching. See Fla. R. App. P. 9.310(b)(2). Recognizing that the trial court will ordinarily be most familiar with the facts of a given case, Florida Rule of Appellate Procedure 9.310(b)(2) grants this court the authority to vacate the stay, and it should do so. The likelihood that the court s judgment will be affirmed is more than substantial. The judgment on appeal merely gave effect to the plain language of Article X, section 28. The appellants unpersuasive arguments otherwise 2

underscore the fact that the likelihood of their overturning this court s judgment is remote and speculative. Notably, in their motion for rehearing, the parties now appealing had little to say on the merits of the judgment, arguing principally and at length that some (but not all) of the plaintiffs were not entitled even to declaratory relief. Plainly warranted, declaratory relief lies at the heart of the case. The court s commonsense explication of Article X, section 28 s effect should not be ignored during the pendency of the appeal. The court s final judgment in this case is eminently correct and should be given immediate effect. Failure to vacate the automatic stay will cause irreparable harm to citizens of Florida, present and future, whose quality of life will be affected by the unavailability of Land Acquisition Trust Fund moneys unconstitutionally diverted. Not every Floridian can afford her own hunting preserve or a private beach. Dissolving the stay of the court s judgment can help assure that the real and important restorative effects of time spent in natural environments are available to all Floridians. There is no time like the present. Critically, Land Acquisition Trust Fund moneys must be fully available to purchase lands that protect water resources. Art. X, 28, Fla. Const. The Legislature has identified the cause of algae outbreaks in Lake Okeechobee: land uses in the Lake Okeechobee watershed... have resulted in algal blooms... both in Lake Okeechobee and in downstream receiving waters. 393.4595(1)(b) Fla. 3

Stat. (2006). Those receiving waters include the St. Lucie and Caloosahatchee Rivers and coastal waters to the north and south of them, almost all of which have been covered with toxic green algae and red tide. See Executive Order 18-191, https://www.flgov.com/wp-content/uploads/2018/07/eo-18-191.pdf (declaring state of emergency due to toxic green algae outbreaks); Executive Order 18-221, https://www.flgov.com/wp-content/uploads/orders/2018/eo_18-221.pdf (state of emergency due to red tide coastal waters north and south of the Caloosahatchee). Acquisition of land to store water and to protect surface water resources is a specific goal of land acquisition, 259.105(5)(d)(1), 259.105(2)(a)(9), and the Land Acquisition Trust Fund Amendment fosters those goals by dedicating funds to acquire lands that protect water resources. Art. X, 28, Fla. Const. Regulatory programs have plainly failed to prevent pollution discharges attributable to certain uses of private land; and the Legislature has long recognized acquisition of land as necessary to protect significant surface water resources which cannot be accomplished through local and state regulatory programs. 259.032(1)(d), Fla. Stat. Thus, land acquisition will be a principal component in any solution to the current algae outbreak that is creating a public health emergency and devastating parts of the economy of Central and South Florida. See, Executive Order 18-191, supra. 4

If the stay is not lifted, the Legislature can continue to spend Land Acquisition Trust Fund moneys on agency operations and for other purposes instead of buying land to address the toxic algae emergency. Failure to vacate the automatic stay threatens irreparable harm to the citizens and the economy of Florida. Dissolving the stay serves the policy of the state that the citizens of this state shall be assured public ownership of natural areas for purposes of maintaining this state s unique natural resources; protecting air, land, and water quality. 259.032 (1), Fla. Stat. (2018). Time is of the essence. Article X, section 28 is, indeed, a time-limited provision. See Art. X, 28, Fla. Const. ( for a period of 20 years... the Land Acquisition Trust Fund shall receive specified revenues). Defendants counsel acknowledged that under the court s interpretation, all $600 million [per annum] would have to go to acquiring new land, at least in the initial years, and then once that land is acquired then you can start putting some money towards managing those lands. Hearing Transcript at 65-66. Once the fiscal year has passed, restoring to its rightful place money that has been unconstitutionally appropriated and expended is no easy matter. The First District alluded to this circumstance in characterizing the case as one that involves appropriations that expired two years ago. Corcoran v. Florida Wildlife Federation, No. 1D18-3141 (Fla. 1st DCA Aug. 29, 2018). 5

Defendants recognized these realities in stating that if the First District were to affirm and the Legislative Parties were to seek further review, then [the First District] could consider a request to vacate the automatic stay before the next legislative session. The Legislative Parties Response to the FWF and FDE s Suggestion for Certification at 4. There is no good reason to allow (an)other legislative session(s) to roll by while the appeals process unfolds, before addressing the issue of a stay. This is especially true where the Legislative Parties have the right to invoke a stay of further judicial proceedings, and have in fact already done so in the course of this litigation. See 11.111, Fla. Stat. (2018); The Legislative Parties Notice of Invoking Continuance Pursuant to Section 11.111, Florida Statutes. CONCLUSION Wherefore, FWF Plaintiffs and FDE Plaintiffs move to vacate the automatic stay arising by virtue of Florida Rule of Appellate Procedure 9.310(b)(2). Respectfully submitted on this 19th day of September, 2018. s/joseph W. Little s/alisa Coe Joseph W. Little Alisa Coe Fla. Bar No. 196749 Fla. Bar No. 10187 3731 NW 13th Place acoe@earthjustice.org Gainesville, FL 32605 Earthjustice 352-372-5955 111 S. Martin Luther King Jr. Blvd. littlegnv@gmail.com Tallahassee, Florida 32301 Attorney for FDE Plaintiffs (850) 681-0031 6

David Guest Fla. Bar No. 267228 David@DavidGuestLaw.net 317 East Park Avenue Tallahassee, Florida 32301 (850) 228-3337 Bradley Marshall BMarshall@earthjustice.org Florida Bar No. 0098008 Earthjustice 111 S. Martin Luther King Jr. Blvd. Tallahassee, Florida 32301 (850) 681-0031 (Phone) (850) 681-0020 (Facsimile) Kenneth B. Wright, Esquire Florida Bar No.: 0893791 1301 Riverplace Blvd., Suite 1818 Jacksonville, FL 32207 Telephone: (904) 398-1818 Facsimile: (904) 398-7073 7

CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing document was electronically served on the following counsel of record on this September 19th, 2018. Joseph Little 3731 NW 13 th Place Gainesville, FL 32605 Email: littlegnv@gmail.com Attorney for FDE Plaintiffs Steven Hall John W. Costigan General Counsel Florida Department of Agriculture And Consumer Services The Mayo Building Tallahassee, Florida 32399-0800 Email: Steven.hall@freshfromflorida.com John.costigan@freshfromflorida.com Attorneys for Defendant, Commissioner of Agriculture Wayne E. Flowers John W. Wallace Lewis, Longman & Walker, P.A. 245 Riverside Ave. Suite 150 Jacksonville, Florida 32202 P: (904) 353-6410 F: (904) 353-7619 Wflowers@llw-law.com jwallace@llw-law.com Secondary email: morourke@llw-law.com Co-Counsel for Florida Department of Agriculture and Consumer Services and Adam Putnam Carlos A Rey, Asst. General Counsel R A Gray Building, Suite 100 500 South Bronough Tallahassee, FL 32399-0250 Email: Carlos.Rey@dos.myflorida.com; Attorney for Defendant, Florida Secretary of State Andy Bardos Tim Moore Ashley Hoffman Lukis Gray Robinson P.A. Post Office Box 11189 Tallahassee, Florida 32302 Telephone: 850-577-9090 Email: Andy.Bardos@gray-robinson.com tim.moore@gray-robinson.com ashley.lukis@gray-robinson.com Attorneys for Defendants the Florida Legislature, Senate President Joe Negron, and Speaker Richard Corcoran George N. Meros Holland & Knight 315 S. Calhoun St., Suite 600 Tallahassee, Florida 32301 Telephone: 850-425-5622 Email: George.Meros@hklaw.com Attorney for Defendants the Florida Legislature, Senate President Joe Negron, and Speaker Richard Corcoran Dawn Roberts, General Counsel Christie Letarte, Deputy General Counsel The Florida Senate 302 The Capitol 404 South Monroe Street Tallahassee, Florida 32399-1100 roberts.dawn@flsenate.gov letarte.christie@flsenate.gov 8

everette.shirlyne@flsenate.gov Attorneys for Defendant, Senate President Adam S. Tanenbaum, General Counsel 418 The Capitol 402 South Monroe Street Tallahassee, FL 32399-1300 Adam.tanenbaum@myfloridahouse.gov Adam.tanenbaum1@gmail.com Telephone: (850) 717-5500 Attorney for the Speaker of the Florida House of Representatives Harold G. Vielhauer Anthony Pinzino Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, Florida 32399-1600 bud.vielhauer@myfwc.com anthony.pinzino@myfwc.com Attorneys for Defendants, Executive Director and Florida Fish and Wildlife Commission Jeffrey Brown Kelley Corbari 3900 Commonwealth Boulevard Tallahassee, Florida 32399 Telephone: (850) 245-2242 Facsimile: (850) 245-2302 Jeffrey.Brown@dep.state.fl.us Kelley.corbari@dep.state.fl.us Taylor.coram@dep.state.fl.us Attorneys for Defendants Secretary and Department of Environmental Protection David Guest 525 W. 8th Avenue Tallahassee, Florida 32303 Telephone: (850) 228-3337 David@DavidGuestLaw.net Kenneth Wright 501 Riverside Avenue, Suite 903 Jacksonville, FL 32202 Telephone: (904) 398-1818 Facsimile: (904) 398-7073 ken@jacobsonwright.com jacobsonwrightpa@gmail.com service@jacobsonwright.com /s/alisa Coe Attorney 9