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VIA email Inspgenl@flcourts.

org
VIA email whiteg@flcourts.org

November 17, 2014

Greg White, Inspector General


Office of Inspector General, State Courts System
Supreme Court Building
500 South Duval Street
Tallahassee, FL 32399-1925
Dear Inspector General Greg White:
This complaint is made under the Florida State Courts System Fraud Policy against,
1. David R. Ellspermann, Clerk of the Circuit Court, Marion County Florida, Fifth Judicial
Circuit. Mr. Ellspermann is also the Comptroller for Marion County.
2. Katherine Piccin Glynn, Fla. Bar ID: 64350, attorney for Clerk Ellspermann.
3. Florida Courts E-filing Portal, the e-access to court files function for pro se.
Authority for Clerks of the Circuit Courts is found in Article 5, Section 16, of the Florida
Constitution. Chapter 28 of the Florida Statutes governs Clerks of the Circuit Courts.
Currently I am reluctantly appearing pro se to defend the wrongful foreclosure of my home.
I cannot obtain adequate counsel. The case is Reverse Mortgage Solutions, Inc. v. Neil J.
Gillespie, et al., case no. 2013-CA-115. The Honorable Hale R. Stancil is the presiding judge.
The Clerk is required to provide ministerial assistance under section 28.215, Florida Statutes.

On June 20, 2014 I wrote Clerk Ellspermann, The Florida Bar News reported June 15, 2014,
Pro se e-filing gets the green light. Please consider this my request to register to e-file.

On June 20, 2014 at 2:43 AM I emailed Ms. Glynn, The Florida Bar News reported June 15,
2014, "Pro se e-filing gets the green light". Please consider this my request to register to e-file.

On June 20, 2014 at 9:29 PM I emailed Clerk Ellspermann and Ms. Glynn a PDF copy of my
letter to Clerk Ellspermann and request to register to e-file. The paper letter was delivered to
Clerk Ellspermann on June 23, 2014 at 11:54 AM and signed by Hanson for the Clerk.

As of today, neither Clerk Ellspermann nor Ms. Glynn have responded to my letter or email, or
to my written request to register to e-file. Clerk Ellspermann and Ms. Glynn denied me Access to
Courts, Art. I 21 Fla. Const., Due Process, Art. I 9 Fla. Const., and Basic Rights, Art. I 2,
Fla. Const. Clerk Ellspermann and Ms. Glynn also willfully deprived me of corresponding rights
or privileges protected by the Constitution or laws of the United States, violating 18 USC 242.
Recently John Tomasino, Clerk of the Florida Supreme Court, granted me permission to e-file in
another case, SC14-1637, and I successfully registered for the account on September 11, 2014.
However that permission does not include e-access, the ability to view court documents online.

Greg White, Inspector General


Office of Inspector General, State Courts System

November 17, 2014


Page - 2

Therefore I invoke the authority of the Inspector General for the State Courts System, section
20.055(6), Florida Statutes, under the Florida State Courts System Fraud Policy, to investigate
and eradicate fraud, waste, mismanagement, misconduct, and other abuses in Marion County by
and through Clerk David R. Ellspermann, Ms. Katherine Piccin Glynn, and the E-filing Portal.
Authority for the Inspector General, State Courts System
Section 20.055, Florida Statutes, Agency inspectors general.
(1) As used in this section, the term:
(d) State agency means... the state courts system.
(2) The Office of Inspector General is established in each state agency to provide a
central point for coordination of and responsibility for activities that promote
accountability, integrity, and efficiency in government....
Florida State Courts System Fraud Policy
VI. Investigation of Allegations of Fraud
a. Authority to Investigate Allegations of Fraud
i. The IG is authorized under section 20.055(6), Florida Statutes, to initiate, conduct, supervise,
and coordinate investigations designed to detect, deter, prevent and eradicate fraud, waste,
mismanagement, misconduct, and other abuses in state government. The IG is also authorized to
receive and investigate complaints filed pursuant to the Whistle-blowers Act in section
112.3187-112.31895, Florida Statutes. The IG shall refer complaints involving judges, attorneys
or other licensed or regulated individuals to the appropriate oversight or regulatory body for
investigation and determination of probable cause.
ii. In the course of investigating fraud, suspected fraud or other wrong-doing within the scope of
this policy, the IG shall have free and unrestricted access to all records and premises required to
evaluate allegations. When investigating fraud, suspected fraud or other wrong-doing within the
scope of this policy, the IG may inspect, examine, copy or remove SCS records and property
without prior consent of any individual who may have custody of such items.
Clerk David R. Ellspermann violated his oath of office
David R. Ellspermann swore an oath of office in the state of Florida on October 2, 2012 as
required by Article II, Section 5(b), of the Florida Constitution.
ARTICLE II, GENERAL PROVISIONS, SECTION 5. Public officers.
I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution
and Government of the United States and of the State of Florida; that I am duly qualified
to hold office under the Constitution of the State, and that I will well and faithfully
perform the duties of Clerk of Circuit Court on which I am now about to enter, so help
me God.

Greg White, Inspector General


Office of Inspector General, State Courts System

November 17, 2014


Page - 3

A copy of David R. Ellspermanns oath of office October 2, 2012 is enclosed. On information


and belief, Clerk Ellspermann did not will well and faithfully perform the duties of Clerk of
Circuit Court, and his failure to do so is a violation of the Constitution and Government of the
United States and of the State of Florida. Clerk Ellspermanns malfeasance, misfeasance or
nonfeasance would cause an ordinary person to question his fitness to hold public office.
On information and belief, attorney Katherine Piccin Glynn is required by F.S. 876.05 to take a
public employee oath, in substantially this form:
I, Katherine Piccin Glynn, a citizen of the State of Florida and of the United States of
America, and being employed by David Ellspermann, Clerk of the Circuit Court, and a
recipient of public funds as such employee, do hereby solemnly swear or affirm that I
will support the Constitution of the United States and of the State of Florida.
Currently I do not have a copy of Ms. Glynns public employee oath required by F.S. 876.05,
and I do not know whether or not she has executed a public employee oath.
On information and belief, Ms. Glynn failed to support the Constitution of the United States and
of the State of Florida in the course of her employment.
Please note, this is not a Florida Bar complaint against Ms. Glynn, nor do I want this complaint
so construed. Complaints to The Florida Bar are useless in most ways and do not protect people.
E-Filing and the Florida Courts E-Filing Portal
E-filing through the Florida Courts E-Filing Portal is the most efficient way to access the courts.
The Florida Constitution, Article I, Section 21, guarantees every person access to courts for
redress of any injury, where justice shall be administered without sale, denial or delay.
SECTION 21. Access to courts.The courts shall be open to every person for redress of
any injury, and justice shall be administered without sale, denial or delay.
Under section 454.18 of the Florida Statutes, any person, whether an attorney or not . . . may
conduct his or her own cause in any court of this state.
The First Amendment to the Constitution of the United States guarantees every person a right to
petition the Government for a redress of grievances.
Congress shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the press; or the right of
the people peaceably to assemble, and to petition the Government for a redress of
grievances
http://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution

Greg White, Inspector General


Office of Inspector General, State Courts System

November 17, 2014


Page - 4

The Florida Constitution, Article I, Section 9, guarantees every person due process.
SECTION 9. Due process.No person shall be deprived of life, liberty or property
without due process of law, or be twice put in jeopardy for the same offense, or be
compelled in any criminal matter to be a witness against oneself.
Due Process, Legal Information Institute, article written and submitted by Peter Strauss.
The Constitution states only one command twice. The Fifth Amendment says to the
federal government that no one shall be "deprived of life, liberty or property without due
process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven
words, called the Due Process Clause, to describe a legal obligation of all states. These
words have as their central promise an assurance that all levels of American government
must operate within the law ("legality") and provide fair procedures... Introduction.
http://www.law.cornell.edu/wex/due_process
The Florida Constitution, Article I, Section 2, guarantees every person Basic Rights.
SECTION 2. Basic rights.All natural persons, female and male alike, are equal before
the law and have inalienable rights, among which are the right to enjoy and defend life
and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and
protect property; except that the ownership, inheritance, disposition and possession of
real property by aliens ineligible for citizenship may be regulated or prohibited by law.
No person shall be deprived of any right because of race, religion, national origin, or
physical disability.
I also requested e-filing as an accommodation for disability but got no response.
The Americans with Disabilities Act (ADA), 42 U.S.C. sec. 12101 et seq.
Title 19, Public Business, Part II, Florida Statutes, sections 282.601-282.606
Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. sec. 701 et seq.
As of today, neither Clerk Ellspermann nor Ms. Glynn have responded to my letter or email, or
to my written request to register to e-file. Their failure to respond is a violation of the public
trust, reflects discredit upon the justice system, and is a breakdown in the rule of law.
E-access to view court files online not available in Marion County or Florida Supreme Court
Supremacy Clause issue with the federal PACER system
E-filing is only one-half of e-access to courts. The other half is e-access to court files, which
I was not granted permission. In other words, I can not look at court documents online. Currently
I must go to the courthouse and view the file, which is costly and time-consuming. As noted in
my correspondence to Clerk Ellspermann and Ms. Glynn, the Clerks hours are limited, the

Greg White, Inspector General


Office of Inspector General, State Courts System

November 17, 2014


Page - 5

machines needed to view court files are antiquated, user manuals or written instructions are not
available, and therefore impossible for me to use due to disability. See the enclosed emails.
E-access is only available in certain counties in the state, and not in Marion County. E-access
is also extraordinary expense because the Clerk charge $1 per page in advance for court records.
The federal courts PACER system charges .10 ten cents a copy, with a $3.00 maximum charge
per document. I have had a PACER account in good standing since 1999. Viewing court records
online is vital, especially when opposing counsel files false information in a case to deprive the
pro se litigant the right of due process and redress of grievances.
PACER has been the standard for Public Access to Electronic Court Records for the past twenty
five years. PACER is an electronic public access service of United States federal court
documents. It allows users to obtain case and docket information from the United States district
courts, United States courts of appeals, and United States bankruptcy courts. The system is
managed by the Administrative Office of the United States Courts in accordance with the
policies of the Judicial Conference, headed by the Chief Justice of the United States. As of 2013,
it holds more than 500 million documents. http://en.wikipedia.org/wiki/PACER_%28law%29
The United States Congress has given the Judicial Conference of the United States authority to
impose user fees for electronic access to case information. All registered agencies or individuals
are charged a user fee. http://en.wikipedia.org/wiki/PACER_%28law%29
The fee, as of April 1, 2012, to access the web-based PACER systems is $0.10 per page. Prior
to that the fee was $0.08 per page and prior to January 1, 2005, the fee was $0.07 per page. The
per page charge applies to the number of pages that results from any search, including a search
that yields no matches with a one page charge for no matches. The charge applies whether or not
pages are printed, viewed, or downloaded. There is a maximum charge of $3.00 for electronic
access to any single document other than name searches, reports that are not case-specific, and
transcripts of federal court proceedings. http://en.wikipedia.org/wiki/PACER_%28law%29
Thank you in advance for the courtesy of a response.
Sincerely,

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

Phone: (352) 854-7807


Email: neilgillespie@mfi.net

Attachments: My letter and enclosures June 20, 2014 to Clerk Ellspermann (16 pages), w POD.
Copy of my email June 20, 2014 at 2:43 AM to attorney Katherine Piccin Glynn.
Copy of my email June 20, 2014 at 9.29 PM to Clerk Ellspermann and Ms. Glynn.
Oath of Office for Clerk David R. Ellspermann

VIA U.P.S. No. 1Z64589FP292242435


David R. Ellspermann
Clerk of the Circuit Court
Fifth Judicial Circuit, Florida
Marion County Courthouse
110 NW 1st Ave.
Ocala, Florida 34475

June 20, 2014

RE: Reverse Mortgage Solutions, Inc. vs. Neil J. Gillespie, et al., case no. 13-115-CAT,
Marion County Circuit Court, Fifth Judicial Circuit, Florida
Dear Clerk Ellspermann:
The Florida Bar News reported June 15, 2014, Pro se e-filing gets the green light. Please
consider this my request to register to e-file.
Enclosed is a paper copy of my email to the Clerks counsel, Katherine Glynn, to which I do not
show either a response or acknowledgment. I restate the issues submitted to Ms. Glynn here, by
and through the enclosed paper email copy, as if set forth in full.
As shown in my email to Ms. Glynn, it appears that the Marion County Clerk has a duty to
provide disability accommodation to view court records online, in compliance with Section 508
and online access to services, and the following disability laws.
The Americans with Disabilities Act, 42 U.S.C. sec. 12101 et seq.
Title 19, Public Business, Part II, Florida Statutes, sections 282.601-282.606
Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. sec. 701 et seq.
The Florida Supreme Court websites Accessibility Statement for Section 508 compliance is
found at the link below, and in paper format enclosed, with paper copies of linked 508 sites.
http://www.flcourts.org/administration-funding/court-administration/accessibility-statement.stml
The Clerk is also required to provide ministerial assistance under F.S. 28.215.
Thank you in advance for the courtesy of a response.
Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Enclosures

Email: neilgillespie@mfi.net
Phone: 352-854-7807

http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/1d15de038992b2f085257cf200464dd2!OpenDocument

The Florida Bar

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June 15, 2014

News HOME

It wound up being a quiet decision, with little debate.


Tim Smith, Florida Courts E-Filing Authority chair, asked his board members at their May meeting if they
were ready to approve giving pro se parties the ability to register and use the portal that handles
electronic filing for the state courts.
Although this issue has been hotly debated by both the authority and the Florida Courts Technology
Commission, the authority board gave its unanimous approval with little discussion. The authority also
cleared the way to give judges access to the electronic filing system, which allows them to distribute
rulings, orders, and other paperwork via the portal.
Jennifer Fishback, portal project manager, showed the board how a pro se filer would register to use the
portal. It was, she explained, much like an attorney sign-up. The main difference is that there is no Bar
number to link to the filer. However, Fishback noted, that is no different from what happens in the paper
world when pro se parties drop off paper documents at courthouses without producing any identification.
Unlike attorneys and other parties providing information to the courts, pro se parties will not be required
to perform electronic filing and will retain the option of paper filing.
Smith clarified that the boards vote to allow pro se filers to access the portal is to provide access to
register to use an electronic filing system. It is not anything but using the portal; it is not viewing
documents, he said. Access does not encompass using an under-development A2J tool, software that will
ask pro se filers a series of questions and then automatically produce a Supreme Court-approved legal
form for filing.
Viewing electronic documents by pro se filers, Smith said, will be governed by the Supreme Courts
Administrative Order SC 14-19, which governs the electronic filing process. The March order adopts a
matrix to govern how information in court filings will be provided to various parties, judges, court
employees, and others, and how confidential information in those files will be protected.
Pro se filers also will have to comply with Rule of Judicial Adminsitration 2.420 which requires certain
confidential informaton be identified in filings so clerks can keep that data out of public view.
Fishback told the authority that pro se and judicial access would begin June 20 with the next upgrade to
the portals software.
Ninth Circuit Judge Lisa Munyon, chair of the Florida Courts Technology Commission, interviewed after the
meeting, said judicial use of the portal likely will be phased in, circuit by circuit, after June 20. She said
judges will have to register as portal users, just as attorneys do, and then they will be able to file
paperwork through the portal. As necessary, the paperwork will automatically be distributed to the parties
and go to clerks to be included in the cases electronic file.
For pro se filers, work is continuing on the A2J system. Authority member and Palm Beach County Clerk

http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/1d15de038992b2f085257cf200464dd2!OpenDocument

Sharon Bock, who chaired an interagency subcommittee on e-filing for pro se parties, said that when the
system is ready for use, the forms generated by the A2J forum would only be those forms approved by the
Supreme Court.
Bock has noted that a handful of forms are used in the vast majority of pro se filings primarily tenant
eviction, small claims, and family law forms.
The actions taken by the e-filing board to allow pro se registration for portal use and providing access for
judges was mirrored by the FCTC at its quarterly mid-May meeting. Having approved access for judges at
an earlier meeting this year, the FCTC took it one step further by voting to allow all non-attorney filers
including mental health providers and government agencies to electronically file without credentials.
Adding pro se filers is regarded as the first step of expanding the portal to nonattorney users. Eventually
the portal will allow court-appointed mediators, the Department of Children and Families, the Department
of Juvenile Justice, and other agencies that regularly provide documents or information to the courts to
submit that information electronically.
We want to add the other filer types as soon as possible. We want to make sure we do this in a measured
way so that everyone can experience success, Smith said.
(This report was compiled by the Florida Court Clerks & Comptrollers and edited by the Bar News.)
[Revised: 06-20-2014]
2014 The Florida Bar | Disclaimer | Top of page |

News HOME

Page 1 of 4

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

"Neil Gillespie" <neilgillespie@mfi.net>


"Katherine Glynn" <kglynn@marioncountyclerk.org>
"Neil Gillespie" <neilgillespie@mfi.net>
Friday, June 20, 2014 2:43 AM
2014, 06-15-14, Pro se e-filing gets the green light; FlaBarNews.pdf; Communications & IT - United States Access
Board.pdf; Florida Supreme Court, Accessibility Statement.pdf; Section 508 Home _ Section508.pdf; Web Accessibility
Initiative (WAI) - home page.pdf
Re: [MCCC] Contact Form Submission

Katherine Glynn, attorney


Marion County Clerk,
Ms. Glynn,
Good morning. Thank you for your email.
The Florida Bar News reported June 15, 2014, "Pro se e-filing gets the green light". Please consider this my request to
register to e-file.
http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/1d15de038992b2f085257c
OpenDocument
In brief response to your email of May 29, 2014, "Please remember that you are able to view all court documents, except
for those that have been sealed or redacted, in person as you have always been able to do.", this statement is not
accurate, and is also misleading.
First, my request is not simply to view records. If you think about it, viewing records is pretty useless, unless a person
has a photographic memory, and can return home, and enter the information on a computer. I am disabled and cannot
remember one sentence, let alone an entire pleading. So my request includes viewing online and copying records to PDF
files. That capability has never been available "in person", and is a disability accommodation I need.
In addition, the Clerk charges $1 per page for copies, which is beyond my ability to pay for more than a few pages.
Also, paper copies are not useful until I convert the paper record to a PDF file. This is due to disability and short-term
memory deficit.
There are times when I have not been able to view court documents in person, including times when the judge has the
file in chambers, or times when a deputy clerk cannot find the record. In my experience, some deputy clerks deliberately
make viewing records inconvenient to discourage the public. Thats one reason you hardly see anyone viewing
documents in person.
In the past a deputy clerk demanded I produce identification to view an ordinary civil case record. You know that is
unlawful under Florida public records law. In the past when I complained about services, the deputy clerk involved
misstated the matter to Mr. Epperman, who called me the next day at home in an agitated state before hearing my side of
the story.
Ms. Glynn, the public almost always looses any disagreement with the courts, no matter how meritorious the public
position, and then the person is targeted for retaliation, because that is the world you folks have created to maintain
absolute control and authority, even in a state-run monopoly.
The clerks office refused to provide me printed instructions on how to use the courts strange equipment to locate the
records; that also serves to discourage the public. Due to disability, I am not able to learn how to operate this equipment
without extensive training and support, that goes beyond a few shouted instructions from a deputy clerk, who is
impatient with slow learners.
Yes Ms. Glynn, I am a slow learner due to disability, which is not a reflection on intellect. Unfortunately a courts
disability accommodation is usually limited to architectural mandates for the size of toilet stalls, or things not useful to
disabilities resulting from traumatic brain injury.

6/20/2014

Page 2 of 4

Ms. Glynn, your courthouse is a 28 mile round trip from my home. There is no viable public transportation for me to get
to the courthouse. Due to indigence, I cannot make repeated trips to the courthouse to view records, which requires
gasoline, and wear-and-tear on my 24 year-old vehicle. Online access to court records is more efficient in that it costs
less time and money.
Ms. Glynn, PACER, the federal Public Access to Court Electronic Records system, is celebrating its 25th anniversary.
PACER is an old system, but it works fine. I have a PACER account in good standing since 1999. PACER allows me to
get court records online from home, and download the records into PDF files, for much less than $1 per page than you at
the Marion County Clerk's Office charges.
The PACER fee, as of April 1, 2012, to access the web-based PACER systems is ten cents ($0.10) per page. There is a
maximum charge of $3.00 for electronic access to any single document. So a 100 page document would cost $100 under
the Florida rules, but only $3.00 on PACER, which is available from home, any hour of the day, any day of the year.
Florida court records are only available during regular court hours, which are limited.
Ms. Glynn, the Florida E-filing portal is an inferior rendition of federal PACER, which is 25 years old. Access to court
records is a substantial due process issue. The Constitution states only one command twice. The Fifth Amendment says
to the federal government that no one shall be "deprived of life, liberty or property without due process of law." The
Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal
obligation of all states. These words have as their central promise an assurance that all levels of American government
must operate within the law ("legality") and provide fair procedures.
It appears that the Marion County Clerk has a duty to provide disability accommodation to view court records online, in
compliance with Section 508 and online access to services, and the following disability laws.
The Americans with Disabilities Act, 42 U.S.C. sec. 12101 et seq.
Title 19, Public Business, Part II, Florida Statutes, sections 282.601-282.606
Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. sec. 701 et seq.
I believe the Marion County Clerk is subject to Title 19, Public Business, Part II, Florida Statutes, sections 282.601282.606, which would require provision of online services in lieu of in person services.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=02000299/0282/0282PARTIIContentsIndex.html
282.606 Intent.It is the intent of the Legislature that, in construing this part, due consideration and great weight be
given to the interpretations of the federal courts relating to comparable provisions of s. 508 of the Rehabilitation Act of
1973, as amended, and 29 U.S.C. s. 794(d), including the regulations set forth under 36 C.F.R. part 1194, as of July 1,
2006.
282.602 Definitions.As used in this part, the term: (1) "Accessible electronic information and information
technology" means electronic information and information technology that conforms to the standards for accessible
electronic information and information technology as set forth by s. 508 of the Rehabilitation Act of 1973, as amended,
and 29 U.S.C. s. 794(d), including the regulations set forth under 36 C.F.R. part 1194.
Below is a link to the Florida Supreme Court website Accessibility Statement for Section 508 compliance, and related
links. The webpages are attached in paper format. http://www.flcourts.org/administration-funding/courtadministration/accessibility-statement.stml
Official Section 508 Site of the US Government, http://www.section508.gov/
United States Access Board, http://www.access-board.gov/
Web Accessibility Initiative (WAI), http://www.w3.org/WAI/
It took me over eight hours to research and write this email, required because unfortunately Florida is 25 years behind
the federal courts in providing a system like PACER, Public Access to Court Electronic Records, providing records for

6/20/2014

Page 3 of 4

only 10 cents a page, with a $3 limit, and accessed from my home.


Thank you in advance for the courtesy of a response.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
----- Original Message ----From: Katherine Glynn
To: neilgillespie@mfi.net
Sent: Thursday, May 29, 2014 11:12 AM
Subject: Re: [MCCC] Contact Form Submission
Mr. Gillespie,
I have attached the Amended AO14-19, issued on May 23, 2014, for your review. Please read the language starting at the bottom of page four
that describes the mandatory approval process which must be completed before images of court documents can be provided on-line to the
public. The process provides time frames within which each Clerk may apply for approval to provide on-line access to court images in
accordance with the amended AO, receive initial approval by the Florida Supreme Court, complete a 90 day pilot program and then receive
final approval by the Florida Supreme Court. Until a Clerk's process is finally approved by the Florida Supreme Court, that Clerk is not
authorized to provide on-line access to court images to the public.
The implementation of the Access Security Matrix described in the AO is complex and requires new programming. As we are in the process
of changing case maintenance systems, implementation of the Matrix is necessarily tied to the rollout of our new case maintenance
system which is slated for Fall of 2014.
While there are great strides being made in reaching the state-wide goal of providing on-line access to court records, it is not possible in
Marion County at this time for the reasons stated above. Please remember that you are able to view all court documents, except for those that
have been sealed or redacted, in person as you have always been able to do. AO14-19 only applies to electronic images of court records being
provided via the internet.
If you have any other questions, I would be more than happy to answer them for you.
Sincerely,

>>> <neilgillespie@mfi.net> 5/28/2014 4:20 PM >>>


Wednesday, May 28, 2014 @ 4:20:22 PM EDT

Name: Neil J. Gillespie


Email: neilgillespie@mf
Katherine P. Glynn, Esq.
Chief Deputy of Courts for
David R. Ellspermann, Clerk of the Court and Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
(352) 671-5603
KGlynn@marioncountyclerk.org

i.net
Phone: 352-854-7807
Message:
Marion County Clerk of Court: I am a non-lawyer who would like online access to court records as provided by Supreme Court Order
No. AOSC14-19. The Florida Bar News reported April 15, 2014 "S. Court lifts moratorium on online access to court records" Below
are links to Order AOSC14-19, http://www.floridasupremecourt.org/clerk/adminorders/2014/AOSC14-19.pdf and The Florida Bar
News story
http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/9cdb63d357bf976585257cb30042ab11!
OpenDocument Thank you in advance for the courtesy of a response. Sincerely, Neil J. Gillespie 8092 SW 115th Loop Ocala,

6/20/2014

Page 4 of 4

Florida 34481 Telephone: 352-854-7807 Email: neilgillespie@mfi.net


http://www.marioncountyclerk.org

6/20/2014

http://www.flcourts.org/administration-funding/court-administration/accessibility-statement.stml

 

The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs conducted by
Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the
employment practices of Federal contractors.
Section 504 states that "no qualified individual with a disability in the United States shall be excluded from,
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Download site for additional information.

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The BuyAccessible Wizard


The BuyAccessible System has three components, all made available to any agency at no cost
to help with the quick, easy, and efficient implementation of all Section 508 standards.
1. The BuyAccessible Wizard( http://buyaccessible.gov/), which can help you when
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introduced in the IndieUI Overview. One


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Easy Checks - A First Review of Web Accessibility is


updated for the holidays
Have you ever wondered: "Is this web page accessible?" Easy Checks - A
First Review of Web Accessibility provides simple steps to start assessing
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accessibility issues and are intended to be quick and easy, rather than
definitive. We welcome your suggestions and comments to the publiclyarchived list wai-eo-editors@w3.org. (2013-Dec-20)

Cognitive Accessibility Task Force: Seeking Participation


A new Cognitive Accessibility Task Force will develop more specific
guidance on meeting the web accessibility needs of people with cognitive
and learning disabilities. To learn more, see the Cognitive Accessibility Task
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WCAG2ICT Note: Guidance on Applying WCAG 2.0 to


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For Review: Pre-Publication Draft of WCAG-EM for Conformance


Evaluation...
For Review: User Agent Accessibility Guidelines (UAAG) 2.0 Last
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https://www.ups.com/uis/create?ActionOriginPair=default___PrintWindowPage&key=labelWindow&type=html&loc=en_US&instr=A&doc=shipment...

UPS Internet Shipping: View/Print Label


1. Ensure there are no other shipping or tracking labels attached to your package. Select the
Print button on the print dialog box that appears. Note: If your browser does not support this function
select Print from the File menu to print the label.
2. Fold the printed sheet containing the label at the line so that the entire shipping label is visible.
Place the label on a single side of the package and cover it completely with clear plastic
shipping tape. Do not cover any seams or closures on the package with the label. Place the
label in a UPS Shipping Pouch. If you do not have a pouch, affix the folded label using clear plastic
shipping tape over the entire label.
3. GETTING YOUR SHIPMENT TO UPS
UPS locations include the UPS Store, UPS drop boxes, UPS customer centers, authorized
retail outlets and UPS drivers.
Schedule a same day or future day Pickup to have a UPS driver pickup all of your Internet Shipping
packages.
Hand the package to any UPS driver in your area.
Take your package to any location of The UPS Store, UPS Drop Box, UPS Customer Center, UPS
Alliances (Office Depot or Staples) or Authorized Shipping Outlet near you. Items sent via UPS
Return Services(SM) (including via Ground) are also accepted at Drop Boxes. To find the location
nearest you, please visit the 'Find Locations' Quick link at ups.com.
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Your driver will pickup your shipment(s) as usual.

FOLD HERE

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Dear Customer,
This notice serves as proof of delivery for the shipment listed below.
Tracking Number:
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1Z64589FP292242435
UPS Ground
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06/23/2014 10:29 A.M.
110 NW 1ST AVE
OCALA, FL, US 34475
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Page 1 of 4

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

"Neil Gillespie" <neilgillespie@mfi.net>


"Katherine Glynn" <kglynn@marioncountyclerk.org>
"Neil Gillespie" <neilgillespie@mfi.net>
Friday, June 20, 2014 2:43 AM
2014, 06-15-14, Pro se e-filing gets the green light; FlaBarNews.pdf; Communications & IT - United States Access
Board.pdf; Florida Supreme Court, Accessibility Statement.pdf; Section 508 Home _ Section508.pdf; Web Accessibility
Initiative (WAI) - home page.pdf
Re: [MCCC] Contact Form Submission

Katherine Glynn, attorney


Marion County Clerk,
Ms. Glynn,
Good morning. Thank you for your email.
The Florida Bar News reported June 15, 2014, "Pro se e-filing gets the green light". Please consider this my request to
register to e-file.
http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/1d15de038992b2f085257c
OpenDocument
In brief response to your email of May 29, 2014, "Please remember that you are able to view all court documents, except
for those that have been sealed or redacted, in person as you have always been able to do.", this statement is not
accurate, and is also misleading.
First, my request is not simply to view records. If you think about it, viewing records is pretty useless, unless a person
has a photographic memory, and can return home, and enter the information on a computer. I am disabled and cannot
remember one sentence, let alone an entire pleading. So my request includes viewing online and copying records to PDF
files. That capability has never been available "in person", and is a disability accommodation I need.
In addition, the Clerk charges $1 per page for copies, which is beyond my ability to pay for more than a few pages.
Also, paper copies are not useful until I convert the paper record to a PDF file. This is due to disability and short-term
memory deficit.
There are times when I have not been able to view court documents in person, including times when the judge has the
file in chambers, or times when a deputy clerk cannot find the record. In my experience, some deputy clerks deliberately
make viewing records inconvenient to discourage the public. Thats one reason you hardly see anyone viewing
documents in person.
In the past a deputy clerk demanded I produce identification to view an ordinary civil case record. You know that is
unlawful under Florida public records law. In the past when I complained about services, the deputy clerk involved
misstated the matter to Mr. Epperman, who called me the next day at home in an agitated state before hearing my side of
the story.
Ms. Glynn, the public almost always looses any disagreement with the courts, no matter how meritorious the public
position, and then the person is targeted for retaliation, because that is the world you folks have created to maintain
absolute control and authority, even in a state-run monopoly.
The clerks office refused to provide me printed instructions on how to use the courts strange equipment to locate the
records; that also serves to discourage the public. Due to disability, I am not able to learn how to operate this equipment
without extensive training and support, that goes beyond a few shouted instructions from a deputy clerk, who is
impatient with slow learners.
Yes Ms. Glynn, I am a slow learner due to disability, which is not a reflection on intellect. Unfortunately a courts
disability accommodation is usually limited to architectural mandates for the size of toilet stalls, or things not useful to
disabilities resulting from traumatic brain injury.

10/10/2014

Page 2 of 4

Ms. Glynn, your courthouse is a 28 mile round trip from my home. There is no viable public transportation for me to get
to the courthouse. Due to indigence, I cannot make repeated trips to the courthouse to view records, which requires
gasoline, and wear-and-tear on my 24 year-old vehicle. Online access to court records is more efficient in that it costs
less time and money.
Ms. Glynn, PACER, the federal Public Access to Court Electronic Records system, is celebrating its 25th anniversary.
PACER is an old system, but it works fine. I have a PACER account in good standing since 1999. PACER allows me to
get court records online from home, and download the records into PDF files, for much less than $1 per page than you at
the Marion County Clerk's Office charges.
The PACER fee, as of April 1, 2012, to access the web-based PACER systems is ten cents ($0.10) per page. There is a
maximum charge of $3.00 for electronic access to any single document. So a 100 page document would cost $100 under
the Florida rules, but only $3.00 on PACER, which is available from home, any hour of the day, any day of the year.
Florida court records are only available during regular court hours, which are limited.
Ms. Glynn, the Florida E-filing portal is an inferior rendition of federal PACER, which is 25 years old. Access to court
records is a substantial due process issue. The Constitution states only one command twice. The Fifth Amendment says
to the federal government that no one shall be "deprived of life, liberty or property without due process of law." The
Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal
obligation of all states. These words have as their central promise an assurance that all levels of American government
must operate within the law ("legality") and provide fair procedures.
It appears that the Marion County Clerk has a duty to provide disability accommodation to view court records online, in
compliance with Section 508 and online access to services, and the following disability laws.
The Americans with Disabilities Act, 42 U.S.C. sec. 12101 et seq.
Title 19, Public Business, Part II, Florida Statutes, sections 282.601-282.606
Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. sec. 701 et seq.
I believe the Marion County Clerk is subject to Title 19, Public Business, Part II, Florida Statutes, sections 282.601282.606, which would require provision of online services in lieu of in person services.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=02000299/0282/0282PARTIIContentsIndex.html
282.606 Intent.It is the intent of the Legislature that, in construing this part, due consideration and great weight be
given to the interpretations of the federal courts relating to comparable provisions of s. 508 of the Rehabilitation Act of
1973, as amended, and 29 U.S.C. s. 794(d), including the regulations set forth under 36 C.F.R. part 1194, as of July 1,
2006.
282.602 Definitions.As used in this part, the term: (1) "Accessible electronic information and information
technology" means electronic information and information technology that conforms to the standards for accessible
electronic information and information technology as set forth by s. 508 of the Rehabilitation Act of 1973, as amended,
and 29 U.S.C. s. 794(d), including the regulations set forth under 36 C.F.R. part 1194.
Below is a link to the Florida Supreme Court website Accessibility Statement for Section 508 compliance, and related
links. The webpages are attached in paper format. http://www.flcourts.org/administration-funding/courtadministration/accessibility-statement.stml
Official Section 508 Site of the US Government, http://www.section508.gov/
United States Access Board, http://www.access-board.gov/
Web Accessibility Initiative (WAI), http://www.w3.org/WAI/
It took me over eight hours to research and write this email, required because unfortunately Florida is 25 years behind
the federal courts in providing a system like PACER, Public Access to Court Electronic Records, providing records for

10/10/2014

Page 3 of 4

only 10 cents a page, with a $3 limit, and accessed from my home.


Thank you in advance for the courtesy of a response.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
----- Original Message ----From: Katherine Glynn
To: neilgillespie@mfi.net
Sent: Thursday, May 29, 2014 11:12 AM
Subject: Re: [MCCC] Contact Form Submission
Mr. Gillespie,
I have attached the Amended AO14-19, issued on May 23, 2014, for your review. Please read the language starting at the bottom of page four
that describes the mandatory approval process which must be completed before images of court documents can be provided on-line to the
public. The process provides time frames within which each Clerk may apply for approval to provide on-line access to court images in
accordance with the amended AO, receive initial approval by the Florida Supreme Court, complete a 90 day pilot program and then receive
final approval by the Florida Supreme Court. Until a Clerk's process is finally approved by the Florida Supreme Court, that Clerk is not
authorized to provide on-line access to court images to the public.
The implementation of the Access Security Matrix described in the AO is complex and requires new programming. As we are in the process
of changing case maintenance systems, implementation of the Matrix is necessarily tied to the rollout of our new case maintenance
system which is slated for Fall of 2014.
While there are great strides being made in reaching the state-wide goal of providing on-line access to court records, it is not possible in
Marion County at this time for the reasons stated above. Please remember that you are able to view all court documents, except for those that
have been sealed or redacted, in person as you have always been able to do. AO14-19 only applies to electronic images of court records being
provided via the internet.
If you have any other questions, I would be more than happy to answer them for you.
Sincerely,

>>> <neilgillespie@mfi.net> 5/28/2014 4:20 PM >>>


Wednesday, May 28, 2014 @ 4:20:22 PM EDT

Name: Neil J. Gillespie


Email: neilgillespie@mf
Katherine P. Glynn, Esq.
Chief Deputy of Courts for
David R. Ellspermann, Clerk of the Court and Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
(352) 671-5603
KGlynn@marioncountyclerk.org

i.net
Phone: 352-854-7807
Message:
Marion County Clerk of Court: I am a non-lawyer who would like online access to court records as provided by Supreme Court Order
No. AOSC14-19. The Florida Bar News reported April 15, 2014 "S. Court lifts moratorium on online access to court records" Below
are links to Order AOSC14-19, http://www.floridasupremecourt.org/clerk/adminorders/2014/AOSC14-19.pdf and The Florida Bar
News story
http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/9cdb63d357bf976585257cb30042ab11!
OpenDocument Thank you in advance for the courtesy of a response. Sincerely, Neil J. Gillespie 8092 SW 115th Loop Ocala,

10/10/2014

Page 4 of 4

Florida 34481 Telephone: 352-854-7807 Email: neilgillespie@mfi.net


http://www.marioncountyclerk.org

10/10/2014

Page 1 of 4

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

"Neil Gillespie" <neilgillespie@mfi.net>


"Katherine Glynn" <kglynn@marioncountyclerk.org>; "David Ellspermann" <Ellspermann@marioncountyclerk.org>
"Neil Gillespie" <neilgillespie@mfi.net>
Friday, June 20, 2014 9:28 PM
UPS Internet Shipping-to-Clerk of the Circuit Court-Marion County.pdf; Request to register for E-filing to Clerk David R.
Ellspermann-Jun-20-2014.pdf
Request to register for E-filing to Clerk David R. Ellspermann-Jun-20-2014

----- Original Message ----From: Neil Gillespie


To: Katherine Glynn
Cc: Neil Gillespie
Sent: Friday, June 20, 2014 2:43 AM
Subject: Re: [MCCC] Contact Form Submission

Katherine Glynn, attorney


Marion County Clerk,
Ms. Glynn,
Good morning. Thank you for your email.
The Florida Bar News reported June 15, 2014, "Pro se e-filing gets the green light". Please consider this my request to
register to e-file.
http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/1d15de038992b2f085257c
OpenDocument
In brief response to your email of May 29, 2014, "Please remember that you are able to view all court documents, except
for those that have been sealed or redacted, in person as you have always been able to do.", this statement is not
accurate, and is also misleading.
First, my request is not simply to view records. If you think about it, viewing records is pretty useless, unless a person
has a photographic memory, and can return home, and enter the information on a computer. I am disabled and cannot
remember one sentence, let alone an entire pleading. So my request includes viewing online and copying records to PDF
files. That capability has never been available "in person", and is a disability accommodation I need.
In addition, the Clerk charges $1 per page for copies, which is beyond my ability to pay for more than a few pages.
Also, paper copies are not useful until I convert the paper record to a PDF file. This is due to disability and short-term
memory deficit.
There are times when I have not been able to view court documents in person, including times when the judge has the
file in chambers, or times when a deputy clerk cannot find the record. In my experience, some deputy clerks deliberately
make viewing records inconvenient to discourage the public. Thats one reason you hardly see anyone viewing
documents in person.
In the past a deputy clerk demanded I produce identification to view an ordinary civil case record. You know that is
unlawful under Florida public records law. In the past when I complained about services, the deputy clerk involved
misstated the matter to Mr. Epperman, who called me the next day at home in an agitated state before hearing my side of
the story.
Ms. Glynn, the public almost always looses any disagreement with the courts, no matter how meritorious the public
position, and then the person is targeted for retaliation, because that is the world you folks have created to maintain
absolute control and authority, even in a state-run monopoly.
The clerks office refused to provide me printed instructions on how to use the courts strange equipment to locate the
records; that also serves to discourage the public. Due to disability, I am not able to learn how to operate this equipment
without extensive training and support, that goes beyond a few shouted instructions from a deputy clerk, who is
impatient with slow learners.

8/22/2014

Page 2 of 4

Yes Ms. Glynn, I am a slow learner due to disability, which is not a reflection on intellect. Unfortunately a courts
disability accommodation is usually limited to architectural mandates for the size of toilet stalls, or things not useful to
disabilities resulting from traumatic brain injury.
Ms. Glynn, your courthouse is a 28 mile round trip from my home. There is no viable public transportation for me to get
to the courthouse. Due to indigence, I cannot make repeated trips to the courthouse to view records, which requires
gasoline, and wear-and-tear on my 24 year-old vehicle. Online access to court records is more efficient in that it costs
less time and money.
Ms. Glynn, PACER, the federal Public Access to Court Electronic Records system, is celebrating its 25th anniversary.
PACER is an old system, but it works fine. I have a PACER account in good standing since 1999. PACER allows me to
get court records online from home, and download the records into PDF files, for much less than $1 per page than you at
the Marion County Clerk's Office charges.
The PACER fee, as of April 1, 2012, to access the web-based PACER systems is ten cents ($0.10) per page. There is a
maximum charge of $3.00 for electronic access to any single document. So a 100 page document would cost $100 under
the Florida rules, but only $3.00 on PACER, which is available from home, any hour of the day, any day of the year.
Florida court records are only available during regular court hours, which are limited.
Ms. Glynn, the Florida E-filing portal is an inferior rendition of federal PACER, which is 25 years old. Access to court
records is a substantial due process issue. The Constitution states only one command twice. The Fifth Amendment says
to the federal government that no one shall be "deprived of life, liberty or property without due process of law." The
Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal
obligation of all states. These words have as their central promise an assurance that all levels of American government
must operate within the law ("legality") and provide fair procedures.
It appears that the Marion County Clerk has a duty to provide disability accommodation to view court records online, in
compliance with Section 508 and online access to services, and the following disability laws.
The Americans with Disabilities Act, 42 U.S.C. sec. 12101 et seq.
Title 19, Public Business, Part II, Florida Statutes, sections 282.601-282.606
Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. sec. 701 et seq.
I believe the Marion County Clerk is subject to Title 19, Public Business, Part II, Florida Statutes, sections 282.601282.606, which would require provision of online services in lieu of in person services.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=02000299/0282/0282PARTIIContentsIndex.html
282.606 Intent.It is the intent of the Legislature that, in construing this part, due consideration and great weight be
given to the interpretations of the federal courts relating to comparable provisions of s. 508 of the Rehabilitation Act of
1973, as amended, and 29 U.S.C. s. 794(d), including the regulations set forth under 36 C.F.R. part 1194, as of July 1,
2006.
282.602 Definitions.As used in this part, the term: (1) "Accessible electronic information and information
technology" means electronic information and information technology that conforms to the standards for accessible
electronic information and information technology as set forth by s. 508 of the Rehabilitation Act of 1973, as amended,
and 29 U.S.C. s. 794(d), including the regulations set forth under 36 C.F.R. part 1194.
Below is a link to the Florida Supreme Court website Accessibility Statement for Section 508 compliance, and related
links. The webpages are attached in paper format. http://www.flcourts.org/administration-funding/courtadministration/accessibility-statement.stml
Official Section 508 Site of the US Government, http://www.section508.gov/
United States Access Board, http://www.access-board.gov/

8/22/2014

Page 3 of 4

Web Accessibility Initiative (WAI), http://www.w3.org/WAI/


It took me over eight hours to research and write this email, required because unfortunately Florida is 25 years behind
the federal courts in providing a system like PACER, Public Access to Court Electronic Records, providing records for
only 10 cents a page, with a $3 limit, and accessed from my home.
Thank you in advance for the courtesy of a response.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
----- Original Message ----From: Katherine Glynn
To: neilgillespie@mfi.net
Sent: Thursday, May 29, 2014 11:12 AM
Subject: Re: [MCCC] Contact Form Submission
Mr. Gillespie,
I have attached the Amended AO14-19, issued on May 23, 2014, for your review. Please read the language starting at the bottom of page four
that describes the mandatory approval process which must be completed before images of court documents can be provided on-line to the
public. The process provides time frames within which each Clerk may apply for approval to provide on-line access to court images in
accordance with the amended AO, receive initial approval by the Florida Supreme Court, complete a 90 day pilot program and then receive
final approval by the Florida Supreme Court. Until a Clerk's process is finally approved by the Florida Supreme Court, that Clerk is not
authorized to provide on-line access to court images to the public.
The implementation of the Access Security Matrix described in the AO is complex and requires new programming. As we are in the process
of changing case maintenance systems, implementation of the Matrix is necessarily tied to the rollout of our new case maintenance
system which is slated for Fall of 2014.
While there are great strides being made in reaching the state-wide goal of providing on-line access to court records, it is not possible in
Marion County at this time for the reasons stated above. Please remember that you are able to view all court documents, except for those that
have been sealed or redacted, in person as you have always been able to do. AO14-19 only applies to electronic images of court records being
provided via the internet.
If you have any other questions, I would be more than happy to answer them for you.
Sincerely,

>>> <neilgillespie@mfi.net> 5/28/2014 4:20 PM >>>


Wednesday, May 28, 2014 @ 4:20:22 PM EDT

Name: Neil J. Gillespie


Email: neilgillespie@mf
Katherine P. Glynn, Esq.
Chief Deputy of Courts for
David R. Ellspermann, Clerk of the Court and Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
(352) 671-5603
KGlynn@marioncountyclerk.org

i.net
Phone: 352-854-7807
Message:
Marion County Clerk of Court: I am a non-lawyer who would like online access to court records as provided by Supreme Court Order
No. AOSC14-19. The Florida Bar News reported April 15, 2014 "S. Court lifts moratorium on online access to court records" Below

8/22/2014

Page 4 of 4

are links to Order AOSC14-19, http://www.floridasupremecourt.org/clerk/adminorders/2014/AOSC14-19.pdf and The Florida Bar


News story
http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/9cdb63d357bf976585257cb30042ab11!
OpenDocument Thank you in advance for the courtesy of a response. Sincerely, Neil J. Gillespie 8092 SW 115th Loop Ocala,
Florida 34481 Telephone: 352-854-7807 Email: neilgillespie@mfi.net
http://www.marioncountyclerk.org

8/22/2014

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http://www.justice.gov/crt/about/crm/242fin.php

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DEPRIVATION OF RIGHTS UNDER COLOR OF


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TITLE 18, U.S.C., SECTION 242

Special Litigation
Voting

Robert Moossy
Chief

Whoever, under color of any law, statute, ordinance,


regulation, or custom, willfully subjects any person in any
State, Territory, Commonwealth, Possession, or District to
the deprivation of any rights, privileges, or immunities
secured or protected by the Constitution or laws of the United
States, ... shall be fined under this title or imprisoned not
more than one year, or both; and if bodily injury results from
the acts committed in violation of this section or if such acts
include the use, attempted use, or threatened use of a
dangerous weapon, explosives, or fire, shall be fined under
this title or imprisoned not more than ten years, or both; and
if death results from the acts committed in violation of this
section or if such acts include kidnaping or an attempt to
kidnap, aggravated sexual abuse, or an attempt to commit
aggravated sexual abuse, or an attempt to kill, shall be fined
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