VIA UPS No.

1Z64589FP297786429
Via Email: davidt@flcourts.org

February 10, 2015

Thomas A. "Tad" David, General Counsel

Office of the State Courts Administrator
Supreme Court Building
500 South Duval Street
Tallahassee, FL 32399
RE: Records request Art. I, Sec. 24, Fla. Const. Access to public records and meetings.
Mr. David:
Provide records of your responses to the attached letter to you dated February 9, 2015.
Your email (attached) Tuesday, February 10, 2015 1:54 PM falsely stated:
Mr. Gillespie:
I have fully responded to all of your requests and accusations, if not in my prior email
today, certainly in the numerous emails through which we have previously corresponded.
You may not have liked or agreed with my responses, but I responded appropriately.
I will not respond to any further email communication unless such communication
presents a distinct and previously unaddressed issue or request.
Your above statement is a complete and utter falsehood. Its a damnable lie, Mr. David.

The issues in my attached letter to you February 9, 2015 only arose in December 2014, and
include the failure of Grace A. Fagan to respond to my ADA Title II request submitted
December 10, 2014. I do not show any substantive response from you on those issues.

In December 2014 I learned the state of Florida does recognize or comply with the ADA
Amendments Act of 2008. I show no response from you on that issue.

The issue of HIPAA compliance arose today, and you did not respond today to HIPAA.

Provide records of your responses to the attached letter to you dated February 9, 2015.
Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida

Telephone: (352) 854-7807

Email: neilgillespie@mfi.net

Enclosures

VIA UPS No. 1Z64589FP290332627

Via Email: davidt@flcourts.org

February 9, 2015

Thomas A. "Tad" David, General Counsel

Office of the State Courts Administrator
Supreme Court Building
500 South Duval Street
Tallahassee, FL 32399
Phone: (850) 488-1824
Fax: (850) 410-5301
RE: Grace A. Fagan, the apparent ADA Coordinator for the Fifth Judicial Circuit, and my
ADA Title II Accommodation Request submitted December 10, 2014
Mr. David,
Your latest email (enclosed) is not responsive to the issues. Exhibit 1.
Let me restate my complaint for your response:
1.
I filed an ADA Title II accommodation request December 10, 2014 in Marion County, in
connection with the foreclosure case shown below. I did not get a disability accommodation. I
did not get a response to my an ADA Title II accommodation request.
Action needed: I want a response now. Otherwise I want the OSCA to take action to get a
response to which I am entitled.
Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie, et al., Marion County Florida, Fifth
Judicial Circuit, No. 42-2013CA-000115-AXXX-XX, a.k.a. case no. 2013-CA-000115.
2.

Attached/enclosed are the documents I submitted December 10, 2014:

Exhibit 2

FLORIDA STATE COURTS SYSTEM ADA TITLE II ACCOMMODATION

REQUEST FORM June 28, 2010. I submitted the form by pushing a button on
page 6 of the form, December 10, 2014 @11.2X AM.

Exhibit 3

Email receipt from John Sullivan, jsullivan@circuit5.org Dec-10-2014 @11.54 AM

Exhibit 4

My email to Mr. Sullivan, jsullivan@circuit5.org Dec-10-2014 @12.49 PM:

Dear Mr. Sullivan,
Thank you for acknowledging receipt of my ADA request. I appreciate your
professionalism. As a courtesy, please find attached the following:

Exhibit 5

The ADA One Avenue to Appointed Counsel Before a Full Civil Gideon (law review)

Thomas A. "Tad" David, General Counsel

Office of the State Courts Administrator
Exhibit 6
Exhibit 7
Exhibit 8

February 9, 2015
Page - 2

Brain injury leads to suspension for Maine lawyer; 'I couldn't stick to tasks,' he
says (American Bar Association, composite)
Notification from Social Security of full disability, 08-23-93, SSA to NJG-disabled.
Pages from disability motion, US 11th Circuit 12-11213-C and ER report

My full disability motion (251 pages) US 11th Circuit 12-11213-C is posted on Scribd,
http://www.scribd.com/doc/102585752/Amended-Disability-Motion-12-11213-C-C-A-11
My Scribd Disability "Collection" of documents is found here,
https://www.scribd.com/collections/3851318/Disability-and-the-Law
If you require anything else, please contact me. Thanks again.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
(352) 854-7807
3.

On December 10, 2014 I provided by email @11.37 AM (Exhibit 9) a second time

(Exhibit 10) the FLORIDA STATE COURTS SYSTEM ADA TITLE II
ACCOMMODATION REQUEST FORM June 28, 2010, to the names shown, with the
message below. Tellingly the link was broken to the ADA form on the 5th Judicial
Circuits website.
Thank you. I already submitted my ADA request on the attached form I just found from
last year. Neil J. Gillespie.
Judge Hale Ralph Stancil,
Tameka Gordon, ADA Coordinator
Fifth Circuit Chief Judge Don Briggs
Fifth Circuit General Counsel and ADA Coordinator Grace Fagan
Marion County General Counsel for the Clerk and Comptroller Greg Harrell
John Sullivan, ADA Coordinator, Fifth Circuit, Citrus Co.
John Anthony Tomasino, Clerk, Florida Supreme Court
Silvester Dawson, ADA Coordinator, Florida Supreme Court
McCalla Raymer E-service
Patricia Ann Toro Savitz, Florida Bar Counsel
Barry Rodney Davidson, attorney
Jon Marshall Oden, attorney
Frank Harlan Killgore Jr., attorney
Robert J. Stovash, attorney

Thomas A. "Tad" David, General Counsel

Office of the State Courts Administrator

February 9, 2015
Page - 3

4.
Grace A. Fagan is not shown as an ADA coordinator anywhere in the state of Florida on
the attached (Exhibit 11) Directory of Florida Courts ADA Coordinators published by OSCA
and found on the OSCA website at the link below. But she is acting as an ADA Coordinator.
Question: Under what authority is Grace A. Fagan acting as ADA Coordinator?
Question: When will OSCA correct the omission of Grace A. Fagan from its Directory of
Florida Courts ADA Coordinators?
http://www.flcourts.org/core/fileparse.php/243/urlt/ADA_directory.pdf
5.
The attached Directory of Florida Courts ADA Coordinators (Exhibit 9) published by
OSCA and found on the OSCA website shows five other ADA Coordinators for the Fifth
Judicial Circuit for the respective counties of Marion, Citrus, Lake, Hernando and Bushnell. I
have not gotten a response from Tameka Gordon, the ADA coordinator for Marion County to my
ADA Title II accommodation request to her.
Question: Why has Tameka Gordon not responded to my ADA Title II request?
Ms. Tameka Gordon
110 N.W. 1st Avenue
Ocala, FL 34475
Phone: 352-401-6710 (ADA line)
Fax: 352-401-7883
ADA Duties: Marion County

Mr. John D. Sullivan

110 N. Apopka Street
Inverness, FL 34450-4231
Phone: 352-341-6700
Fax: 352-341-7008
ADA Duties: Citrus County

Ms. Nicole Berg

P. O. Box 7800
Tavares, FL 32778
Phone: 352-253-1604
Fax: 352-742-4370
ADA Duties: Lake County

Ms. Peggy Welch

20 N. Main Street, Room 350
Brooksville, FL 34601
Phone: 352-754-4402
Fax: 352-754-4267
ADA Duties: Hernando County

Ms. Lorna Barker

225 E. McCollum Avenue, Room 209
Bushnell, FL 33513
Phone: 352-569-6088
Fax: 352-569-6098

6.
Grace A. Fagan, the apparent ADA Coordinator for the Fifth Circuit, has refused to
accept my emailed request for a copy of my ADA Title II accommodation request showing it
was received with the date stamp. Contrary to her assertion, I am not required to "put [my]
public records requests in writing and addressed to [her] office. All public records are required to
be hard copied via US Mail not email."
There is no requirement that a records request be in writing or sent through the U.S. mail to her
office. You know that Mr. David from my prior records request to you, made by email, and
records provided by you or OSCA in PDF format by email to me. Also, Ms. Fagan has not
provided a street address (that I can recall) and my shipper United Parcel Service (U.P.S.) can
not legally deliver to a Post Office Box. So email is the efficient way to do a records request.

Thomas A. "Tad" David, General Counsel

Office of the State Courts Administrator

February 9, 2015
Page - 4

Action needed: Inform Ms. Fagan about Floridas public records law, and her
responsibility to provide records as a public employee of the Courts. The mission of the
judicial branch is to protect rights and liberties, uphold and interpret the law, and provide
for the peaceful resolution of disputes. - OSCA website.
Article I, Section 24 of the Florida Constitution guarantees Access to public records and
meetings. Public records are governed by Chapter 119, Florida Statutes.
All public records requests shall be acknowledged promptly and in good faith,
F.S. 119.07(1)(c)
Under F.S. 119.10(2) Ms. Fagan is a person subject to violation and penalties.
119.10 Violation of chapter; penalties.
(1) Any public officer who:
(a) Violates any provision of this chapter commits a noncriminal infraction, punishable
by fine not exceeding $500.
(b) Knowingly violates the provisions of s. 119.07(1) is subject to suspension and
removal or impeachment and, in addition, commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(2) Any person who willfully and knowingly violates:
(a) Any of the provisions of this chapter commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(b) Section 119.105 commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
7.
The ADA Title II accommodation request process is not supposed to be part of the
adversarial process, but it has been in this case. If you/OSCA believes the ADA Title II
accommodation request is subject to the adversarial process, state your opinion or belief thereto,
and provide citation(s) to law.
Marion County and the Fifth Judicial Circuit openly refuse to obey The Americans With
Disabilities Act (ADA) Amendment Act of 2008 (ADAAA), Public Law 110-325, as a matter of
official policy, a deprivation of civil rights under color of law against 18 U.S.C. 242.
An accommodation under the ADA TITLE II means the,
Americans with Disabilities Act of 1990 (ADA) Public Law 101-336
Signed by President George Herbert Walker Bush on July 26, 1990
http://en.wikipedia.org/wiki/Americans_with_Disabilities_Act_of_1990
and major amendments to the ADA 1990,

Thomas A. "Tad" David, General Counsel

Office of the State Courts Administrator

February 9, 2015
Page - 5

ADA Amendments Act of 2008 (ADAAA) Public Law 110-325

Signed by President George W. Bush on September 25, 2008
http://en.wikipedia.org/wiki/ADA_Amendments_Act_of_2008
It has come to my attention that Floridas judicial branch of government does not accept or
follow the ADA Amendments Act of 2008, which was a major amendment to the Americans
with Disabilities Act of 1990 (ADA). Tellingly Floridas judiciary, including the Florida
Supreme Court, pretend to support the civil rights of persons with disabilities by proclaiming its
support of the Americans with Disabilities Act of 1990 (ADA). But that law is long outdated.
The current state of the law is reflected by the ADA Amendments Act of 2008.
In Marion County a Fifth Circuit Administrative Order A-2010-12-A specifically referred to the
Americans With Disabilities Act 1990 (ADA) as Public Law 101-336 and not to the current
ADA Amendments Act of 2008 (ADAAA) Public Law 110-325. Fifth Circuit Administrative
Order A-2010-12-A was signed October 14, 2011 by Chief Judge Daniel B. Merritt, Sr., long
after the ADA Amendments Act of 2008 was the law of the land.
The nine page Fifth Circuit Administrative Order A-2010-12-A is found online here,
http://www.circuit5.org/c5/wp-admin/ao/A2010-12-A.pdf
and is part of the internal grievance procedure that shall apply to all courts within the jurisdiction
of the Fifth Judicial Circuit. On information and belief, the purpose of this internal grievance
procedure is to deny the civil rights of persons with disabilities.
Fifth Circuit Administrative Order A-2010-12-A appoints Grace A. Fagan, General Counsel of
the Fifth Circuit, as the ADA Coordinator and requires all complaints shall be sent directly to her
at the Hernando County Courthouse, 20 N. Main Street, Brooksville, FL 34601.
Ms. Fagan is not listed in the Directory of Florida Courts ADA Coordinators, revised 02/07/12
which is nine months after Chief Judge Merritt signed Fifth Circuit Administrative Order A2010-12-A into law. The Directory of Florida Courts ADA Coordinators is found linked on the
Office of State Courts Administrators (OSCA) website,
http://www.flcourts.org/core/fileparse.php/243/urlt/ADA_directory.pdf
Ms. Fagan has obstructed my ADA Title II Accommodation Request submitted December 10,
2014. Ms. Fagan has failed to answer ordinary questions about the court/circuits civil
procedures, how to schedule a hearing, or provide information on court reporters.
The ADA Coordinator for Marion County is listed as Tameka Gordon in the Directory of Florida
Courts ADA Coordinators, but Ms. Gordon has not responded to my request for accommodation.
I emailed Ms. Fagan December 12, 2014 and got no response:

Thomas A. "Tad" David, General Counsel

Office of the State Courts Administrator

February 9, 2015
Page - 6

Today I attempted to contact Tameka Gordon by telephone at (352) 401-6701, but was
greeted by the voice mail of another person. Does Ms. Gordon have another ADA
telephone number? Has Ms. Gordon been replaced as ADA Coordinator by another
person? This paragraph is not a records request, but related to the Americans with
Disabilities Act, of which you are the ADA Coordinator for the Fifth Judicial Circuit.
8.

Mission & Vision - from the OSCA website

http://www.flcourts.org/florida-courts/mission-and-vision.stml
The mission of the judicial branch is to protect rights and liberties, uphold and interpret
the law, and provide for the peaceful resolution of disputes.

Vision of the Florida Judicial Branch

Justice in Florida will be accessible, fair, effective, responsive, and accountable.

To be accessible, the Florida justice system will be convenient, understandable,

timely, and affordable to everyone.

To be fair, it will respect the dignity of every person, regardless of race, class, gender
or other characteristic, apply the law appropriately to the circumstances of individual
cases, and include judges and court staff that reflect the community's diversity.

To be effective, it will uphold the law and apply rules and procedures consistently
and in a timely manner, resolve cases with finality, and provide enforceable
decisions.

To be responsive, it will anticipate and respond to the needs of all members of

society, and provide a variety of dispute resolution methods.

To be accountable, the Florida justice system will use public resources efficiently,
and in a way that the public can understand.

Thank you in advance for the courtesy of a response.

Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida
Enclosures

Telephone: (352) 854-7807

Email: neilgillespie@mfi.net