Letter to Rick Swearingen, Commissioner, Florida Dept of LE Feb-23-2016

8/20/2019 Letter to Rick Swearingen, Commissioner, Florida Dept of LE Feb-23-2016

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VIA UPS No. 1Z64589FP290219901 February 23, 2016

Email: [email protected]

Rick Swearingen, Commissioner

Florida Department of Law Enforcement (FDLE)

2331 Phillips Road

Tallahassee, FL 32308

Dear Commissioner Swearingen:

This is a follow-up to the records provided by the FDLE. And I expect a response to my

allegations of crimes presented to the FDLE but did not get one. SA Brad King has not

responded to my detailed request for criminal prosecution, forwarded below and enclosed.

The FDLE training record for Erik Dice is completely different than the training record provided

by Marion County’s General Counsel Gregg Jerald, see attached the “Dice Docs”.

Erik Dice’s Elder Crimes docs attached to Mr. Jerald’s email to me Friday, January 22, 2016 at8:23 AM as "Dice Docs" does not meet the requirements of Florida Statutes, section 943.17296,

training in identifying and investigating elder abuse and neglect, according to the email of Leslie

Jacobs of the Attorney General’s Office, because, “These courses are not intended to satisfy the

requirement of SS943.17926 as mandated by statute because that is a function of the FDLE”.

What accounts for the difference between the FDLE Dice training record, and the MCSO record?

The Global Profile Sheet for Erik Dice provided by FDLE consists of two parts, 3 pages total:

Part 1: Global Profile Sheet, 2 pages

Part 2: Elder Abuse Training, a 1 page add-on

Provide records showing that Detective Dice actually completed the training shown on the FDLE

Global Profile Sheet, and the add-on Elder Abuse Training page.

The Global Profile Sheet shows on page 1 under “Employment”, two “Voluntary Separations”

(Not involving misconduct). Provide records for Erik Dice’s “Voluntary Separations”.

The Global Profile Sheet shows on page 1 under “Certification”, “Man. Retr. Due Date” and

“Mand. Retr. Comp. Date”. Does that refer to mandatory retirement, or something else?

The Global Profile Sheet shows on page 1 under “Topics” six Topics where Erik Dice does notmeet the requirements, see the last column “Met Req” and “No” entered six times.

CMS Firearms Instructor Certification (all dates omitted) (InAct) Met Req - No

CMS General Instructor Certification (InAct) Met Req - No

Firearms Instructor Certification (Act) Met Req - No

General Instructor Certificate (Act) Met Req - No

Law Enforcement Vehicle Operations Instructor Certification (Act) Met Req - No

Speed Measurement Instructor Certification (Act) Met Req - No


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Neil Gillespie

From: "Public Records" To: Sent: Friday, February 19, 2016 3:26 PM

Attach: DICE,E. RECORDS_Redacted.pdf Subject: 2-19-16 Public Records Response PRR-2016-409 Erik Dice

Page 1 of 1

2/20/2016

RE: Public Records Request 2016-409 Det. Erik Dice Elder Abuse Training and Global Profile Sheet

Dear Mr. Gillespie:

Attached is the Global Profile Sheet and Elder Abuse Training record of Erik Dice in response to theinformation you provided in your public records request. Searches were negative for discipline recordson file with FDLE. These records are provided pursuant to Florida’s Public Records Law, Chapter 119,Florida Statutes. Portions exempt from public disclosure pursuant to the following have been deleted.

s. 119.071(5)(a)5., F.S. Social security numbers;

Sincerely,

Office of the General Counsel Florida Department of Law Enforcement

Attachment


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Neil Gillespie

From: "Jerald, Gregg" To: "'Neil Gillespie'" Cc: "Dice,Erik" ; "Sowder,Marguerite" Sent: Friday, January 22, 2016 8:23 AM

Attach: Dice Docs.pdf Subject: RE: Letter to Gregg Jerald-General Counsel-MCSO-re-Detective-Erik Dice

Mr. Gillespie:

Attached hereto please find Detective Dice’s Elder Crimes documentation.

If you would like to

receive Det. Dice’s entire training file please advise so we can prepare an estimate invoice as

the records are voluminous.

Thanks,

R. Gregg Jerald

Bureau Chief

Bureau of Administrative Services

Marion County Sheriff's Office

Post Office Box 1987

Ocala, Florida 34478

(office) 352-368-3591

(fax) 352-620-7209

[email protected]


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Neil Gillespie

From: "Leslie Jacobs" To: "Neil Gillespie" Sent: Friday, February 05, 2016 10:15 AM

Attach: Senior_Symposium_2006.pdf Subject: Re: Public record request-FlaAttyGen-943.17296 Training in identifying and investigating elder abuse

and neglect

Page 1 of 2

2/23/2016

February 5, 2016

Mr. Neil J. Gillespie

8092 SW 115th Loop

Ocala, FL 34481

Dear Mr. Gillespie:

This will respond to your January 29, 2016 letter in which, pursuant to Ch. 119, F.S., you make thefollowing request for public records:

1. Records showing compliance with Section 943.17296, F.S., training in identifying andinvestigating elder abuse and neglect, and training offered by the Florida Crime PreventionTraining Institute (FCPTI);2. Records showing compliance with Section 943.17296, F.S., training in identifying andinvestigation elder abuse and neglect and: Senior Symposium Certificate of AttendanceJanuary 19-20, 2006; Elder Case Management â€“ Investigation to Prosecution certificate November 5, 2009; Crimes Against the Elderly certificate February 3, 2012; LawEnforcementâ€™s Role in Elder Crimes certificate April 27, 2012 and Florida Elder CrimePrevention Practitioner certificate April 27, 2012;3. Records of the curriculum for the Senior Symposium and criteria for awarding Certificate ofAttendance for the January 10-20, 2006 meeting;

4. Records of any authentication used to protect the public from counterfeit certificates;5. Records showing how the public may verify the curriculum and criteria for awardingcertificates; and6. Records showing how the public may verify the authenticity of certificates awarded by theAttorney General.

The Office of the Attorney General has found records reaponsive to request number 3 listed above.Please find that record attached. We have no records responsive to your other enumerated requests.

For your information, The Florida Department of Law Enforcement is responsible for the mandatorytraining requirement of SS943.17926. You may wish to visit their website at:

http://www.fdle.state.fl.us/cms/FCJEI/Online-Training/Elder-Abuse-Investigations.aspx

The AG's Florida Crime Prevention Training Institute (FCPTI), also offers training courses involvingcrimes against the elderly as listed on our website at: http://www.fcpti.com/

These courses are not intended to satisfy the requirement of SS943.17926 as mandated by statute because that is a function of the FDLE. However, these courses offer continuing education andadvanced training in the investigations of crimes against the elderly to any individual that voluntarilyregisters for one of our courses. Should you have any questions or concerns, please do not hesitate to


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contact our office at 850-245-0140.

Sincerely,

Leslie Jacobs

Public Records Coordinator

Office of the Attorney General

PL 01, The Capitol

Tallahassee, FL 32399-1050

(850) 245-0140(o)

(850) 487-2564 (f)

(See attached file: Senior_Symposium_2006.pdf)

"Neil Gillespie" ---01/29/2016 04:27:12 PM---From: "Neil Gillespie" To:

"Pam Bondi" , "Leslie Jacobs"


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Neil Gillespie

From: "Greg Harrell" To: Cc: "David Ellspermann" Sent: Monday, February 22, 2016 1:06 PMSubject: Re: Record request to David R. Ellspermann, Marion County Clerk of Court & Comptroller

Page 1 of 1

2/22/2016

Mr. Gillespie:

It does not appear to us as though the plaintiff has yet filed the original note, only the copy that was attached to andreferenced in its complaint.

>>> "Neil Gillespie" 02/22/2016 11:31 AM >>>

>

Gregory C. Harrell General Counsel to David R. Ellspermann, Marion County Clerk of Court & Comptroller P.O. Box 1030 Ocala, Florida 34478-1030 (352) 671-5603 [email protected]


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VIA Email: [email protected] February 22, 2016

David R. Ellspermann

Marion County Clerk of Court & Comptroller Marion County Courthouse

110 NW 1st Ave.

Ocala, FL 34475

RE: Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie and Mark Gillespie as Co-

Trustees, et al. Marion County Case No. 2013-CA-115, FL Fifth Judicial Circuit; 42-

2013CA000115-CAAXXX

RE: Records request, Art. I, Sec. 24, Fla. Const. All public records requests shall be

acknowledged promptly and in good faith, F.S. § 119.07(1)(c); and/or Rule 2.420(m)(1)

Fla. R. Jud. Admin.

Dear Mr. Ellspermann:

This is a request for a copy of the Original Promissory Note filed with the Clerk by the Plaintiff

in the above captioned residential home foreclosure case showing a clear chain of all

endorsements, transfers, or assignments of the promissory note that is the subject of the action,

required by F.S. § 702.015 Elements of complaint; lost, destroyed, or stolen note affidavit.

Kindly provide by email a PDF copy of the Original Promissory Note filed with the Clerk by the

Plaintiff by end of business today. Otherwise I will conclude the Plaintiff did not file with the

Clerk the Original Promissory Note required by F.S. § 702.015 and Rule 1.115, Fla. R. Civ. Pro.

Thank you in advance for the courtesy of a response.

Sincerely,

Neil J. Gillespie

8092 SW 115th Loop


Tel. 352-854-7807


Cc: Gregory C. Harrell by email: [email protected]

General Counsel to David R. Ellspermann, Marion County Clerk of Court & Comptroller


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Neil Gillespie

From: "Neil Gillespie" To: "David Ellspermann" Cc: "Greg Harrell" ; "Neil Gillespie" Sent: Monday, February 22, 2016 11:31 AM

Attach: Record request to David R. Ellspermann, Marion County Clerk of Court & Comptroller.pdf Subject: Record request to David R. Ellspermann, Marion County Clerk of Court & Comptroller

Page 1 of 1

2/22/2016


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Neil Gillespie

From: "Neil Gillespie" To: "Neil Gillespie" Sent: Monday, February 22, 2016 11:36 AM

Attach: ATT00007.txtSubject: Read: Record request to David R. Ellspermann, Marion County Clerk of Court & Comptroller

Page 1 of 1

2/22/2016

This is a receipt for the mail you sent to"David Ellspermann" at 2/22/2016 11:31 AM

This receipt verifies that the message has been displayed on the recipient's computer at 2/22/2016 11:36AM


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Neil Gillespie

From: "Dice,Erik" To: Sent: Monday, November 09, 2015 4:31 PMSubject: My Contact Information

Page 1 of 1

2/23/2016

Thank you for your time today.

Detective Erik Dice, M2682 Bureau of Special Investigations -Violent Crimes & Electronic Surveillance -Florida Elder Crimes Practitioner (OAG) Marion County Sheriff's Office

O/ (352) 368-3545 F/ (352) 438-5987

[email protected]

http://www.marionso.com

http://www.floridacargotheft.com

[Florida has a very broad Public Records Law. All correspondence sent to or from this entity is subject to the Public Records Law of Florida. Emailcommunication may be subject to public and media disclosure upon request. Under Florida Law, e-mail addresses are public records. If you do not wantyour e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone orin writing.]

Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address releasedin response to a public-records request, do not send electronic mail to this entity. Instead, contact thisoffice by phone or in writing. CONFIDENTIALITY NOTICE: This message and any attachments arefor the sole use of the intended recipient(s) and may contain confidential and privileged information thatis exempt from public disclosure. Any unauthorized review, use, disclosure, or distribution is prohibited.If you have received this message in error please contact the sender (by phone or reply electronic mail).


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Neil Gillespie

From: "Dice,Erik" To: "Neil Gillespie" Sent: Wednesday, November 11, 2015 11:59 AMSubject: Documents

Page 1 of 1

2/23/2016

I have recurved the documents you sent and will need a few days to review everything.

Detective Erik Dice, M2682Marion Country Sheriff's OfficeBureau of Special InvestigationsViolent Crimes and Electronic SurveillanceFL. AG. Elder Crimes Practitioneroffc. [email protected] Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address releasedin response to a public-records request, do not send electronic mail to this entity. Instead, contact thisoffice by phone or in writing. CONFIDENTIALITY NOTICE: This message and any attachments arefor the sole use of the intended recipient(s) and may contain confidential and privileged information that

is exempt from public disclosure. Any unauthorized review, use, disclosure, or distribution is prohibited.If you have received this message in error please contact the sender (by phone or reply electronic mail).


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Neil Gillespie

From: "Dice,Erik" To: "'Neil Gillespie'" Sent: Wednesday, December 02, 2015 8:43 AMSubject: Are you ready for me to round table the case with the State Attorney's Office?

Page 1 of 1

2/23/2016

Please let me know.


O/ (352) 368-3545 F/ (352) 438-5987

[email protected]


http://www.floridacargotheft.com

[Florida has a very broad Public Records Law. All correspondence sent to or from this entity is subject to the Public Records Law of Florida. Emailcommunication may be subject to public and media disclosure upon request. Under Florida Law, e-mail addresses are public records. If you do not wantyour e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone orin writing.]



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Neil Gillespie

From: "Dice,Erik" To: "'Neil Gillespie'" Sent: Thursday, January 14, 2016 3:08 PMSubject: Can you advise a good phone number where I can reach you

Page 1 of 1

2/23/2016


O/ (352) 368-3545 F/ (352) 438-5987

[email protected]


http://www.floridacargotheft.com [Florida has a very broad Public Records Law. All correspondence sent to or from this entity is subject to the Public Records Law of Florida. Emailcommunication may be subject to public and media disclosure upon request. Under Florida Law, e-mail addresses are public records. If you do not wantyour e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone orin writing.]



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VIA Email: [email protected] February 19, 2016

Brad King, State Attorney

State Attorneys Office

Florida Fifth Judicial Circuit

110 NW 1st Ave. Ste 5000Ocala, FL 34475-6614

RE: Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie and Mark Gillespie as Co-Trustees, et al.

Marion County Case No. 2013-CA-115, FL Fifth Judicial Circuit; 42-2013CA000115-CAAXXX

Dear Mr. King,

This is a request for criminal prosecution of Danielle Nicole Parsons, and Curtis Alan Wilson.

Ms. Parsons was the attorney who commenced 2013-CA-115. At the time she worked for

McCalla Raymer, see attached. Today the Florida Bar directory page for Ms. Parsons does not

show any employer, see attached. Mr. Wilson is a coconspirator who replaced Ms. Parsons, and is employed by McCalla Raymer, see attached.

I spoke with Detective Dice on November 9, 2015. A draft transcript of the call shows,

12 [Dice] So that's a criminal statute [837.06], I agree with you

13 on that, but the jury instructions give us the elements

14 of the crime that we have to prove in court in order to

15 have probable cause. And one of them is we have to be

16 able to prove evidence of intent to mislead, so the mere

17 filing on a document is not intent to mislead. I have

18 to prove something else that goes along with it to, sort19 of, put it together.

The “intent to mislead” and “something else that goes along with it” is the fact that Ms. Parsons

did not filed with the Clerk a Promissory Note (to show standing) required under a residential

foreclosure. Mr. Wilson has continued the case, with new violations.

Florida is a Judicial Foreclosure state. The citations to Florida’s foreclosure statutes are:

F.S. § 702.01 through 702.11, and

F.S. § 45.031 through 45.0315.

1. Ms. Parsons filed a civil cover sheet (Form 1.997) “not properly executed” violating Rule1.100(c)(2) Fla.R.Civ.Pro, see attached.

2. Ms. Parsons falsely verified the civil cover sheet to show a commercial, not a residential

foreclosure, in violation of F.S. § 92.525, Verification of documents (and in violation of Rule

2.515, Signature and Certificates of Attorneys). I raised this issue by letter Dec-24-2014 to

Greg Harrel, the Clerk’s Counsel to no avail, see attached.

3. Ms. Parsons’ false verification mislead the Clerk to file case as a commercial foreclosure and

not a residential foreclosure, a violation of F.S. § 837.06, False Official Statements, attached.


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Brad King, State Attorney February 19, 2016

Florida Fifth Judicial Circuit Page -2

4. Ms. Parsons did not file with the Clerk the Original Promissory Note showing a clear chain

of all endorsements, transfers, or assignments of the promissory note that is the subject of the

action. Mr. Wilson did not file with the Clerk the Original Promissory Note.

5. The Original Promissory Note is not filed with the Clerk in violation of F.S. § 702.015

Elements of complaint; lost, destroyed, or stolen note affidavit.

6. The Original Promissory Note is not filed with the Clerk in violation of Rule 1.115 PleadingMortgage Foreclosures.

7. The Original Promissory Note is not filed with the Clerk by either Ms. Parsons or Mr.

Wilson SHOWING STANDING TO SUE ME!

Mr. Wilson repeated the foregoing, and more, with a number of “Notice of Actions” filed as

recently as January 19, 2016.

The record shows Mr. Wilson has been knowing using false or wrong addresses for parties

because the mail is being returned by the US Post office. The record shows there are no real trust

parties in this case, and no real “unknown” parties in this case. Apparently the Plaintiffs sued the

wrong parties.

My case does not appear in Order #A2015-24 - Backlog Foreclosure Program, showing my case

was singled out for denial of rights under color of law. Also see attached,

• Florida Supreme Court Case No. SC13-2384 January 14, 2016 Mortgage Foreclosure

• Fast-Track amendments of The Florida Bar to Mortgage Foreclosure Statute

• Florida Bar Journal, Civil procedure rule amendments dealing with foreclosure actions

• Form 1.997. Civil Cover Sheet, wrongly verified by Danielle Parsons as commercial

foreclosure

•

Form 1.997. Civil Cover Sheet, letter Dec-24-2014 to Greg Harrell, re Rule 1.100(c)(2)• Form 1.997. Civil Cover Sheet, with instructions, Fla R Civ Pro March 16, 2015

• Rule 1.100. Pleadings and Motions

• Rule 1.115. Pleading Mortgage Foreclosures

• Rule 2.515. Signature and Certificates of Attorneys


Sincerely,

Neil J. Gillespie

8092 SW 115th Loop Tel. 352-854-7807

Ocala, Florida 34481 Email: [email protected] Enclosures

Ps. Is this the correct link to your website? http://jud5.flcourts.org/


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VIA UPS No. 1Z64589FP290965515 February 23, 2016

Brad King, State Attorney

State Attorneys Office

Florida Fifth Judicial Circuit

110 NW 1st Ave. Ste 5000Ocala, FL 34475-6614

RE: Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie and Mark Gillespie as Co-Trustees, et al.

Marion County Case No. 2013-CA-115, FL Fifth Judicial Circuit; 42-2013CA000115-CAAXXX

Dear Mr. King,

This is a request for criminal prosecution of Danielle Nicole Parsons, and Curtis Alan Wilson.

Ms. Parsons was the attorney who commenced 2013-CA-115. At the time she worked for

McCalla Raymer, see attached. Today the Florida Bar directory page for Ms. Parsons does not

show any employer, see attached. Mr. Wilson is a coconspirator who replaced Ms. Parsons, and is employed by McCalla Raymer, see attached.

I spoke with Detective Dice on November 9, 2015. A draft transcript of the call shows,

12 [Dice] So that's a criminal statute [837.06], I agree with you

13 on that, but the jury instructions give us the elements

14 of the crime that we have to prove in court in order to

15 have probable cause. And one of them is we have to be

16 able to prove evidence of intent to mislead, so the mere

17 filing on a document is not intent to mislead. I have

18 to prove something else that goes along with it to, sort19 of, put it together.

The “intent to mislead” and “something else that goes along with it” is the fact that Ms. Parsons

did not filed with the Clerk a Promissory Note (to show standing) required under a residential

foreclosure. Mr. Wilson has continued the case, with new violations.

Florida is a Judicial Foreclosure state. The citations to Florida’s foreclosure statutes are:

F.S. § 702.01 through 702.11, and

F.S. § 45.031 through 45.0315.

1. Ms. Parsons filed a civil cover sheet (Form 1.997) “not properly executed” violating Rule1.100(c)(2) Fla.R.Civ.Pro, see attached.

2. Ms. Parsons falsely verified the civil cover sheet to show a commercial, not a residential

foreclosure, in violation of F.S. § 92.525, Verification of documents (and in violation of Rule

2.515, Signature and Certificates of Attorneys). I raised this issue by letter Dec-24-2014 to

Greg Harrel, the Clerk’s Counsel to no avail, see attached.

3. Ms. Parsons’ false verification mislead the Clerk to file case as a commercial foreclosure and

not a residential foreclosure, a violation of F.S. § 837.06, False Official Statements, attached.


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Brad King, State Attorney February 19, 2016

Florida Fifth Judicial Circuit Page -2

4. Ms. Parsons did not file with the Clerk the Original Promissory Note showing a clear chain

of all endorsements, transfers, or assignments of the promissory note that is the subject of the

action. Mr. Wilson did not file with the Clerk the Original Promissory Note.

5. The Original Promissory Note is not filed with the Clerk in violation of F.S. § 702.015

Elements of complaint; lost, destroyed, or stolen note affidavit.

6. The Original Promissory Note is not filed with the Clerk in violation of Rule 1.115 PleadingMortgage Foreclosures.

7. The Original Promissory Note is not filed with the Clerk by either Ms. Parsons or Mr.

Wilson SHOWING STANDING TO SUE ME!

Mr. Wilson repeated the foregoing, and more, with a number of “Notice of Actions” filed as

recently as January 19, 2016.

The record shows Mr. Wilson has been knowing using false or wrong addresses for parties

because the mail is being returned by the US Post office. The record shows there are no real trust

parties in this case, and no real “unknown” parties in this case. Apparently the Plaintiffs sued the

wrong parties.

My case does not appear in Order #A2015-24 - Backlog Foreclosure Program, showing my case

was singled out for denial of rights under color of law. Also see attached,

• Florida Supreme Court Case No. SC13-2384 January 14, 2016 Mortgage Foreclosure

• Fast-Track amendments of The Florida Bar to Mortgage Foreclosure Statute

• Florida Bar Journal, Civil procedure rule amendments dealing with foreclosure actions

• Form 1.997. Civil Cover Sheet, wrongly verified by Danielle Parsons as commercial

foreclosure

•

Form 1.997. Civil Cover Sheet, letter Dec-24-2014 to Greg Harrell, re Rule 1.100(c)(2)• Form 1.997. Civil Cover Sheet, with instructions, Fla R Civ Pro March 16, 2015

• Rule 1.100. Pleadings and Motions

• Rule 1.115. Pleading Mortgage Foreclosures

• Rule 2.515. Signature and Certificates of Attorneys


Sincerely,

Neil J. Gillespie

8092 SW 115th Loop


Tel. 352-854-7807


Enclosures

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Letter to Rick Swearingen, Commissioner, Florida Dept of LE Feb-23-2016

Documents

Transcript of Letter to Rick Swearingen, Commissioner, Florida Dept of LE Feb-23-2016