Filing # 67918438 E-Filed 02/13/2018 04:20:33 PM

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR LEE
COUNTY, FLORIDA CIVIL ACTION

RAYMOND A. DELLASELVA, et al., CASE NO. 03-1947 CA WCM

Plaintiffs,

vs.

FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER
SERVICES, et al.,

Defendants.
________________________________/

NOTICE OF FILING TRANSCRIPT OF THE

FEBRUARY 6, 2018 EVIDENTIARY HEARING

Plaintiffs and the certified class of Lee County Homeowners (the “Lee Homeowners”)

and Class Counsel (the Lee Homeowners and Class Counsel are collectively referred to as

“Petitioners”), give notice of filing the transcript of the February 6, 2018 evidentiary hearing,

attached as Exhibit A.

CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that on February 13, 2018 a true and correct copy of the

foregoing has been electronically filed the with the Clerk of Lee County by using the Florida

Courts eFiling Portal and served on Wesley R. Parsons, Esq. (wparsons@cspalaw.com), Clarke

Silverglate, P.A.; Attorney General Pam Bondi (oag.civil.eserve@myfloridalegal.com), Office of

the Attorney General, State of Florida, The Capitol, Tallahassee, FL 32399-1050; and Solicitor

General Amit Agarwal (amit.agarwal@myfloridalegal.com), Office of the Solicitor General,

Office of the Attorney General, State of Florida, The Capitol, Tallahassee, Florida 32399-1050.
 Case No. 03-1947 CA WCM

/s/ Bruce S. Rogow /s/ Robert C. Gilbert

Bruce S. Rogow, Esquire Robert C. Gilbert, Esquire
Florida Bar No. 067999 Florida Bar No. 561861
brogow@rogowlaw.com Robert@gilbertpa.com
BRUCE S. ROGOW, P.A. rcg@grossmanroth.com
100 N.E. 3rd Avenue GROSSMAN ROTH YAFFA
Suite 1000 & COHEN, P.A.
Fort Lauderdale, FL 33301 2525 Ponce de Leon Blvd.
Tel: 954-767-8909 Suite 1150
Fax: 954-764-1530 Coral Gables, FL 33134
Tel: 305-442-8666
Fax: 305-779-9596
/s/ William S. Williams
William S. Williams
bwilliams@foryourrights.com
LYTAL REITER, SMITH, IVEY
& FRONRATH, L.L.P.
515 N. Flagler Drive
Suite 1000
West Palm Beach, FL 33401
Tel: (561) 655-1990
Fax: (561) 832-2932

Counsel for Petitioners

2
 1 (Pages 1 to 4)
Page 1 Page 3
IN THE CIRCUIT COURT OF THE I ND E X
TWENTIETH JUDICIAL CIRCUIT IN AND FOR
LEE COUNTY, FLORIDA Examinations Page

CASE NO. 03-1947 CA WCM

DEREK BUCHANAN

DIRECT EXAMINATION BY MR. GILBERT: 31

RAYMOND A. DELLASELVA, et al.

Plaintiffs
STANLEY WILLIAM MOORE
vs.
DIRECT EXAMINATION BY MR. GILBERT: 76
FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER CROSS EXAMINATION BY MR. PARSONS 92
SERVICES, et al. REDIRECT EXAMINATION BY MR. GILBERT: 99

Defendants

- - - - - - - - - - - - - - - - - - - - - - - - -x CARY GAYLORD

DIRECT EXAMINATION BY MR. GILBERT: 102

The above-entitled cause came on for hearing CROSS EXAMINATION BY MR. PARSONS 116
before the Hon. Keith Kyle, Judge of the

above-styled court, at the Lee County Courthouse, DEREK BUCHANAN

Fort Myers, Florida, on February 6, 2018 commencing DIRECT EXAMINATION BY MR. PARSONS 149
CROSS EXAMINATION BY MR. GILBERT: 199
at 9:00 a.m.

Page 2 Page 4
APPEARANCES: EXHI BI T S
No. Page
Kopelwitz Ostrow Ferguson Weiselberg Gilbert
2525 Ponce de Leon Blvd., Suite. 625 Petitioners' Exhibits 3, 4 & 5 in evidence 33
Coral Gables, Florida 33134 Petitioners' Exhibit 20 in evidence 43
BY: ROBERT C. GILBERT, ESQ. Petitioners' Exhibit 34 in evidence 45
on behalf of the Plaintiffs Petitioners' Exhibit 28 in evidence 48
Tele: (305) 384-7269 Petitioners' Exhibit 30 in evidence 52
Petitioners' Exhibit 29 in evidence 53
Lytal Reiter Smith Ivey & Williams Petitioners' Exhibit 17 in evidence 58
515 N. Flagler Drive, 10th Floor
Petitioners' Exhibit 26 in evidence 66
West Palm Beach, Florida 33401
Petitioner's Exhibits 39 thru 42 in 76
BY: WILLIAM S. WILLIAMS, ESQ.
evidence
on behalf of the Plaintiffs
Petitioner's Exhibit 6, 7, 8, 9, 10, 11, 121
Tele: 561.655.1990
19, 24, 25, 31, 32, and 33 in evidence
Clarke Silverglate, P.A. Defendants Exhibits 1, 2, 3, 4, 5, 8,10, 122
799 Brickell Plaza, Ste. 900 11, 14, and 15 in evidence
Miami, Florida 33131 Petitioners' Exhibit 41 in evidence 143
BY: WESLEY R. PARSONS, ESQ. Defendant's Exhibit 7 for Identification 170
BY: JOHN WYLIE, ESQ. Defendant's Exhibit 7 in evidence 175
on behalf of the Defendants Defendant's Exhibit 6 for Identification 177
Telephone: (305) 377-0700 Defendant's Exhibit 6 in evidence 178
Defendant's Exhibit 19 for Identification 194
Defendant's Exhibit 19 in evidence 196
_____________________________ Defendant's Exhibits 12 & 13 in evidence 240

Choice - United

Page 5
1 THE COURT: We are here in Case Number
2 03-CA-1947. Make your record appearances.
3 Mr. Gilbert, we'll start with you.
4 MR. GILBERT: Yes. May It Please The
5 Court: Your Honor, good morning. Robert
6 Gilbert and William Williams on behalf of the
7 Petitioners.
8 Also with us this morning already are
9 Joanna and John Klockow and Lois and Charles
10 Stroh, four of the six class representatives.
11 I understand that Mr. and Mrs. Dolliver are on
12 their way and stuck in traffic and they'll be
13 joining us in progress.
14 THE COURT: Do you know how far out they
15 are, because I don't mind waiting a few more
16 minutes?
17 MR. GILBERT: We should get started. I
18 don't know where they are. There was some
19 backup on a bridge somewhere.
20 THE COURT: Probably that one right there.
21 Mr. Parsons, good morning.
22 MR. PARSONS: Good morning, Your Honor.
23 For the Defendants, the Florida Department of
24 Agriculture and Commissioner Adam Putnam, Wes
25 Parsons with my co-counsel Mr. John Wylie.
Page 6
1 THE COURT: Good morning, sir.
2 MR. PARSONS: And from the Department
3 itself in Tallahassee, Mr. Derek Buchanan.
4 THE COURT: Very good. Ready to begin?
5 MR. GILBERT: Yes, Your Honor, we are.
6 THE COURT: Go ahead, sir.
7 MR. GILBERT: Your Honor, before we get
8 into the hearing itself, Mr. Parsons and I
9 have worked together to agree upon the
10 admission of the overwhelming majority of
11 exhibits that are at issue today.
12 We provided the court clerks with copies
13 of our respective exhibit lists that show
14 which exhibits have been -- are coming into
15 evidence by agreement and the few exhibits on
16 each of our lists that are not. I'm not sure
17 what the most efficient way to move forward
18 is, other than perhaps... I prepared a
19 notebook of our exhibits, and it includes the
20 exhibits that are coming into evidence by
21 agreement, and the few exhibits that there's
22 an objection to, and this I prepared for the
23 Court so that you could follow along. And I'm
24 sure that Mr. Parsons has something similar.
25 And when the clerks are ready to actually mark
Choice - United
2 (Pages 5 to 8)
Page 7
1 physical copies of the exhibits, I have extra
2 copies in file folders.
3 (Discussion held off the record).
4 MR. GILBERT: Your Honor, what's the
5 Court's pleasure in terms of how we proceed
6 with this hearing this morning?
7 THE COURT: Well, if both of you like to
8 give a short or brief opening, succinctly
9 describing what you believe the evidence will
10 show and what you're asking for, not asking
11 for, and then we'll move into the evidentiary
12 portion. We can take care of the exhibits as
13 we reach them so they're discussed in context.
14 MR. GILBERT: Understood.
15 Your Honor, May It Please The Court.
16 THE COURT: Yes, sir.
17 MR. GILBERT: On behalf of the
18 Petitioners, the Petitioners, are as the Court
19 recalls, 11,811 families here in Lee County
20 whose private property was taken from them by
21 the Florida Department of Agriculture under
22 the Canker Eradication Program as well as
23 class counsel, and the Petitioners hold three
24 final adjustments that were entered by this
25 Court awarding full compensation and
Page 8
1 associated attorneys' fees and costs in
2 connection with that litigation.
3 Why we're here today is because our
4 constitution, the federal and state
5 constitutions, which are the cornerstone of
6 the relationship between government and
7 citizens, guarantee that the constitutional
8 takings judgments will be paid in full. They
9 guarantee under Article 10, Section 6A, of the
10 Florida Constitution that the government will
11 pay, shall pay full compensation when it takes
12 private property for a public purpose.
13 We're not here to argue the issues about
14 whether the government took the property for a
15 public purpose. Those issues, as the Court is
16 well aware, have long ago been adjudicated in
17 this court and affirmed on appeal by the
18 Second District Court of Appeal.
19 We have three judgments. They are final
20 and no longer subject to appeal with respect
21 to the amounts awarded and the liability
22 established thereunder, and we are here
23 because notwithstanding the constitutional
24 commandment to pay full compensation, the
25 government, in this case the Department of

Page 9
1 Agriculture and Commissioner Adam Putnam, have
2 failed to pay those judgments. And based on
3 the evidence that we intend to present,
4 apparently have no intention of doing anything
5 at all to try to pay those judgments.
6 We are going to be discussing a number of
7 issues today. As the Court will readily hear,
8 most of the evidence is not in dispute. The
9 most significant evidence of all, the
10 existence of the judgments, the statute in
11 question, the fact that there was an
12 appropriation last year by the 2017
13 legislature, the fact that that appropriation
14 was vetoed, none of those things are in
15 dispute.
16 There is testimony that is also not in
17 dispute, and that will come into evidence by
18 agreement, testimony of various state
19 officials, state agencies. There will be some
20 live testimony presented this morning as well.
21 But what this really comes down to is,
22 what is the basis for Commissioner Putnam's
23 and the Department of Agriculture's refusal to
24 pay these judgments and their refusal or their
25 claimed justification, I should say, for
Page 10
1 nonpayment is premised on Sections 11.066
2 Subsection 3 and Subsection 4. That's what
3 their refusal is based on.
4 And let us be very clear about what their
5 position is. Their position is that whether
6 or not those statutes justify their inability
7 to pay and satisfy these judgments, one thing
8 is very clear; none of those subsections of
9 11.066 excuse or justify Commissioner Putnam's
10 and the Department's total lack of effort to
11 obtain funds, or the Commissioner's misleading
12 statements and whatever else has been done
13 behind the scenes that were intended to oppose
14 payment of these judgments. There is simply
15 no basis under the law that we have been able
16 to find for a constitutional officer of this
17 state to fail to uphold a provision of the
18 constitution, in this case Article 10, Section
19 6A.
20 So what are we asking the Court to do and
21 how do we believe it should be done today.
22 We're asking the Court to take two actions
23 today. Number 1, we ask the Court to issue a
24 Writ of Mandamus ordering Commissioner Putnam
25 and the Department to immediately pay these
Choice - United
3 (Pages 9 to 12)
Page 11
1 three judgments in full, or to issue vouchers
2 authorizing and directing the state Department
3 of Financial Services, which are our state's
4 treasury, to pay these judgments.
5 Number 2, we're asking this Court to
6 declare Sections 11.066(3) and Subsection 3
7 and 4 unconstitutional as applied to these
8 three takings judgments.
9 So the question is how should this be
10 choreographed.
11 In our view, Your Honor, this proceeding
12 should be choreographed in the following
13 fashion. And I say this based not only on our
14 own papers that were filed last week, but also
15 based on reading my -- our opponents' papers
16 as well.
17 First we think -- we believe the Court
18 should decide whether, before reaching the
19 constitutional question, whether the Court can
20 issue a Writ of Mandamus directing the
21 Commissioner and the Department to immediately
22 pay these judgments or issue vouchers
23 authorizing, directing the Department of
24 Financial Services to pay them. If the Court
25 concludes that it can issue the writ before
Page 12
1 reaching the constitutional question, the
2 Court should issue the writ and make an
3 alternative ruling finding the statute
4 constitutional.
5 However, if the Court concludes that it
6 cannot issue the writ without reaching the
7 constitutional question, we believe the Court
8 should turn its focus to the constitutionality
9 of the statute as applied to these judgments.
10 And then if the Court concludes based on
11 the law and the evidence that these, these
12 statutory subsections are unconstitutional as
13 applied, once you make that, reach that
14 conclusion, then the Court can issue the Writ
15 of Mandamus, because the prohibition, if you
16 will, the language in Subsections 3 and 4 that
17 would seemingly preclude the issuance of a
18 Writ of Mandamus, would then be undressed, the
19 veil would be lifted by virtue of the
20 unconstitutional as applied finding. That's
21 how we believe the choreography of this
22 proceeding should move forward.
23 I could go through and preview the
24 evidence, Judge, but in an effort to be
25 mindful and efficient with our time, I will

Page 13
1 save the evidentiary recitation for the
2 primary proceeding itself. And absent
3 questions by the Court, at this point I'll
4 take a seat.
5 THE COURT: Okay. Thank you, sir.
6 Mr. Parsons.
7 MR. PARSONS: May It Please The Court,
8 Your Honor. I certainly would like to give
9 Your Honor a preview of the evidence in this
10 case. That's certainly what this portion of
11 the proceeding is for. But let me just take a
12 step back for a second and talk about
13 historically what's going on in this case.
14 My understanding is that this is the
15 second time that a Circuit Judge within the
16 jurisdiction of the Second DCA has been asked
17 to issue a Writ of Mandamus against a
18 Commissioner of Agriculture for payment of a
19 citrus canker judgment.
20 The first time was 30 years ago, Your
21 Honor. It was in Hardee County. The Judge
22 was Judge Timothy Strickland, and the case
23 wasn't about the current Citrus Canker
24 Eradication Program; it was about a prior
25 program. It was called the nursery strain
Page 14
1 eradication program, and it operated in the
2 1980s when a particular form of citrus canker
3 invaded the nurseries in Florida, and my
4 client attempted to eradicate it. It was
5 successful. My client destroyed infected
6 citrus plants, exposed citrus plants, and
7 another class of citrus was suspected, which
8 wasn't infected, wasn't in the exposure zone,
9 just was in the same nursery.
10 The infected and the exposed citrus were
11 deemed non-compensable by the Florida Supreme
12 Court in a case brought by a nursery owner
13 named Richard Polk, an important case in
14 citrus canker law, and some other nursery
15 owners who had their suspected citrus trees
16 eradicated brought their own lawsuits.
17 One of those was called Mid-Florida
18 Growers in Hardee County, south of Polk
19 County, and that owner got a judgment, and the
20 Judge in Hardee County decided that the best
21 way to enforce that judgment was by Writ of
22 Mandamus. He issued a final Writ of Mandamus
23 against the then-Commissioner, Bill O'Connor.
24 The way this played out is that my client
25 appealed to the Second District and the Second
Choice - United
4 (Pages 13 to 16)
Page 15
1 District reversed that Writ of Mandamus in
2 1989. The Second District said, first of all,
3 the venue here should, in fact, be Hardee
4 County. I'm not moving this case to Leon
5 County, the same result we had before Your
6 Honor a few months ago.
7 Second of all, the Second District said
8 the writ is reversed because of procedural
9 irregularities in the Circuit Court. The
10 Trial Judge skipped the first part of the
11 proceeding, the alternative writ, and went
12 right to the final writ, and you can't do
13 that. Of course that's not the situation in
14 this court today.
15 But the final point the Second District
16 made was very important because the Second
17 District said, by the way, on remand, the
18 Plaintiffs have to show the Department of
19 Agriculture has a present ability to pay the
20 judgments. Otherwise, no Writ of Mandamus
21 should be issued. And that is, as we sit here
22 today, the binding law from the Second
23 District on this very specific issue of the
24 issuance of a Writ of Mandamus against my
25 client for nonpayment of a citrus canker
Page 16
1 judgment.
2 THE COURT: So what do we do in that
3 situation, from your perspective? Are we
4 basically just going to disregard the two
5 constitutions, the federal constitution and
6 the state constitution, because from his
7 representation, the state's not doing their
8 obligation to ensure the judgment is paid.
9 MR. PARSONS: When you say the state, Your
10 Honor, the source of all funding in this state
11 is the legislature. And the legislature needs
12 to appropriate money to pay the judgments.
13 THE COURT: What has your client done to
14 try to secure that?
15 MR. PARSONS: My client has at all times
16 kept the legislature, the executive branch and
17 any interested observers informed of the
18 existence of these judgments.
19 THE COURT: Other than providing
20 information, has he actively pursued payment
21 on behalf of these people?
22 MR. PARSONS: No, sir.
23 THE COURT: Please continue.
24 MR. PARSONS: Your Honor, as I said, that
25 wasn't the end of the story. It went back

Page 17
1 down to Judge Strickland. It appeared another
2 Writ of Mandamus would be issued, and the
3 legislature appropriated the money to pay the
4 judgment. It was not vetoed, and the case
5 suddenly became moot.
6 But that wasn't the end of the story,
7 either. The legislature met in 1991 and
8 passed a statute addressing this situation.
9 It is Section 11.066, 3 and 4. And we know
10 something about that statute, Your Honor,
11 courtesy of the Florida Supreme Court; because
12 while that statute was pretty dormant for many
13 years, in the mid 2000s the Department of
14 Environmental Protection, our sister agency,
15 saw that statute and decided it applied to
16 them in a contract dispute they were having
17 with a vendor. And the Department of
18 Environmental Protection said, we don't have
19 to pay for a breach of contract action because
20 we're immunized by 11.066. That case went to
21 the First District and made its way to the
22 Florida Supreme Court.
23 The Florida Supreme Court in a case called
24 ContractPoint actually spoke and interpreted
25 Section 11.066. The logic was this: The
Page 18
1 Supreme Court wanted to know if the statute
2 applied to a breach of contract action. It
3 isn't apparent from the text of the statute
4 itself. So the Supreme Court said, okay,
5 we're going to look at the legislative
6 history. There's one item of legislative
7 history. He didn't say the proceedings of the
8 Senate appropriations committee in March of
9 1991 when the statute was discussed by a then-
10 sitting senator.
11 The Florida Supreme Court looked at that
12 legislative history and said, Department of
13 Environmental Protection, this statute doesn't
14 help you. We know it doesn't because we know
15 exactly what it's intended to do. It's
16 intended to block issuance of a Writ of
17 Mandamus where there has not been an
18 appropriation to pay a citrus canker judgment.
19 And the Florida Supreme Court said as much in
20 the text of the ContractPoint decision in
21 2005.
22 So going in here today, Your Honor, there
23 is a Florida Supreme Court decision, binding,
24 of course, on every court in Florida,
25 interpreting Section 11.066.
Choice - United
5 (Pages 17 to 20)
Page 19
1 And I would direct, in fact, Your Honor,
2 to a couple of pages in our briefing, Pages 16
3 and 17, where we recite the testimony of
4 Senator Gardiner in the legislative history
5 proceeding where he says, this statute is
6 intended to block payment without an
7 appropriation, it is intended to redirect the
8 Plaintiffs to a different procedure for
9 payment, the claims bill procedure. And the
10 senator goes on at some length about --
11 THE COURT: What happens if the claims
12 bill is never offered by a local legislator
13 and passed by the legislature?
14 MR. PARSONS: Then the legislature has
15 offered a proceeding that has not been
16 utilized by the Claimant. I suppose you can't
17 force a claim bill.
18 THE COURT: So, in essence, the provisions
19 set forth in the state and federal
20 constitution have no teeth if the legislature
21 decides they're not going to do a special
22 appropriation.
23 MR. PARSONS: I don't know about teeth,
24 Your Honor. The legislature's constitutional
25 duty is to offer opportunities. And if this
Page 20
1 is a valid procedure for a claimant, that is,
2 a claim bill proceeding, they've satisfied
3 their constitutional duty.
4 Your Honor, finally, kind of --
5 THE COURT: So the answer is they might
6 not ever get paid if the legislature doesn't
7 pass a claims bill; that's what you're telling
8 me.
9 MR. PARSONS: And you can say that about
10 every single item of appropriation ever made
11 by the legislature; if they don't pay it, it's
12 not paid.
13 As Your Honor knows, right now there is
14 House Bill 5001 pending in the Florida
15 legislature which would pay this judgment, the
16 judgments in this case, along with the
17 judgments in three other related cases.
18 THE COURT: Who sponsored that bill?
19 MR. PARSONS: It came out of the House
20 Subcommittee on Appropriations, Natural
21 Resources. And the name of the chairman of
22 that subcommittee escapes me at the moment,
23 Your Honor.
24 THE COURT: Was it one of our local
25 legislators that sponsored that?

Page 21
1 MR. PARSONS: I don't know. It is a House
2 appropriations act, so it may, in fact, have
3 many sponsors. It's expected to be reported
4 out of the House and to go into conference
5 with the analogous bill from the Senate side.
6 And they will conference and try to reach
7 agreement on a bill that would be acceptable
8 to both houses of Florida.
9 Mr. Buchanan will testify that this
10 procedure will hopefully result in a budget
11 for the State of Florida that will be placed
12 on the governor's desk next month. And the
13 governor then will have the ability to veto
14 the budget, veto items in the budget or
15 approve the budget. If he vetoes any portion
16 of the budget, his veto can then be overridden
17 or not overridden by both houses of the
18 Florida legislature. That procedure will play
19 out in the next month, month and a half.
20 Mr. Buchanan, who is a specialist in the
21 field of budgeting and policy within the
22 Department, will testify that the Department
23 cannot pay judgments without an appropriation.
24 Not only is it a matter of law, not just the
25 law of 11.066, but the internal -- the laws by
Page 22
1 which the legislature governs its own
2 budgeting process, Chapter 216.
3 Not only is it the law, but Mr. Buchanan
4 mechanically cannot write a check, write a
5 warrant or have the CFO write a warrant
6 without a funding source, that is without an
7 appropriation from the legislature. We know
8 what that appropriation looked like because
9 Governor Scott voted it last year. Once it's
10 vetoed, it's gone for the session. The next
11 year my client cannot pay that judgment, that
12 appropriation, by law.
13 Mr. Buchanan will testify that there are
14 no other sources of appropriation by which to
15 pay these judgments. That all, of course,
16 could change with the new fiscal year
17 beginning July 1st, 2018, depending upon what
18 the legislature does in this session.
19 To sum up, Your Honor, my client would be
20 happy to pay these judgments if it had an
21 appropriation to do so. It does not have an
22 appropriation. It does not have any alternate
23 source of funding to pay these judgments.
24 It's out of my client's hands at this point.
25 Thank you.
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6 (Pages 21 to 24)
Page 23
1 THE COURT: Very brief response.
2 MR. GILBERT: First of all, about
3 ContractPoint. ContractPoint is a case that
4 we both cite, and the Court will be able to
5 address it. Most of what Mr. Parsons said
6 about ContractPoint is accurate, with one
7 exception, notable exception. The discussion
8 by the Supreme Court about the impetus, and I
9 believe they used the word "impetus" for the
10 statute, was indeed citrus canker litigation
11 from the 1980s. But the holding in
12 ContractPoint and the decision of
13 ContractPoint does not specifically hold that
14 the, a claimant such as our clients in this
15 case must resort to a claim bill. In fact,
16 there is no holding, as we sit here today, in
17 the State of Florida from ContractPoint or
18 anywhere else that affirmatively holds that
19 Petitioners in this case must resort to a
20 claim bill in order to try to be paid what
21 they're owed under the constitution.
22 The only decision that speaks to that
23 issue is the decision from the Fourth District
24 Court of Appeal in the Bogorff case from 2016,
25 where the Fourth District, presented with
Page 24
1 Mr. Parsons' and the Department's argument
2 that we needed to seek a claim bill to pay the
3 Broward judgments, rejected their arguments
4 specifically and found that the statute does
5 not contemplate a claim bill at all.
6 THE COURT: Which is finding precedent in
7 the Second absent a decision contravening
8 that.
9 MR. GILBERT: That is correct, Your Honor.
10 THE COURT: Is there any such decision?
11 MR. GILBERT: There is no decision that
12 contravenes it or even speaks to it in the
13 Second District, as we sit here today.
14 So, what we know as of today when it comes
15 to the law, is that it is true that in
16 ContractPoint the Supreme Court found that
17 11.066, 3 and 4, did not apply to claims
18 involving written contracts.
19 It is true that the Supreme Court found in
20 ContractPoint that the impetus for the statute
21 was indeed the earlier generation of citrus
22 canker cases.
23 It is true that there is no holding
24 from -- in ContractPoint, that the Petitioners
25 must seek a claim bill.

Page 25
1 And it is true under the law that as we
2 sit here today, that the Petitioners need not
3 seek a claim bill under 11.066, 3 and 4.
4 That's what the law is.
5 We appreciate the Department's
6 representations here in open court through
7 Mr. Parsons, that they would be, quote, happy,
8 unquote, to pay these judgments if they had an
9 appropriation to do so. But that
10 representation to the Court today is belied by
11 the actions that the Department and
12 Commissioner Putnam himself have taken over
13 the past 18 months, in particular. The
14 evidence in this case will show affirmatively,
15 not only that they haven't done anything to
16 actively request the legislature to
17 appropriate monies; they haven't even
18 investigated, at all, what other options might
19 exist for seeking an appropriation or an
20 adjustment in their appropriations. They
21 haven't sought a legal opinion from the
22 Attorney General or from outside counsel about
23 what -- how, if at all, they could make
24 adjustments in order to pay these judgments.
25 They haven't done anything to not only -- not
Page 26
1 only have they not done anything to try, to
2 request the funds; they haven't done anything,
3 they haven't lifted a finger to try to figure
4 out if there is a mechanism for doing so.
5 But more than that, while they haven't
6 done anything to try to request the funds or
7 to investigate if they could do it, they
8 nonetheless have proposed to the legislature
9 that they increase their budget for salaries
10 of certain components of the Department of
11 Agriculture, to the tune of five to
12 $7 million.
13 They've submitted a request to the
14 legislature to spend a million dollars to
15 upgrade vehicles that the Division of Plant
16 Industry uses. They submitted a request to
17 the legislature to pay Mr. Parsons' legal fees
18 in defense of this very lawsuit. In defense
19 of this very proceeding and the related
20 proceedings the Department of Agriculture has
21 sought and obtained permission from the
22 legislature to pay his legal fees with state
23 funds and federal funds.
24 THE COURT: But they've not asked for
25 money to pay off the judgments that are now
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7 (Pages 25 to 28)
Page 27
1 final?
2 MR. GILBERT: Not a dime. And it gets
3 worse, Judge. In addition to all of that,
4 Commissioner Putnam has made public
5 statements. He made a public statement last
6 April, that was released by his office, to the
7 press, and appeared in more than one
8 publication, including the local newspaper,
9 where Commissioner Putnam urged the Supreme
10 Court to take up the amounts of compensation
11 awarded in this case and the related cases,
12 because in his words, the Courts had awarded
13 wildly differing amounts.
14 And at the time, Commissioner Putnam knew
15 that these judgments were final, that the
16 amounts awarded thereunder were no longer
17 subject to appellate review, that liability
18 was final, no longer subject to appellate
19 review, and yet he made that statement.
20 And then, in fact, less than 60 days
21 later, after the appropriation was approved by
22 the legislature, in spite of his statement, in
23 spite of Commissioner Putnam's statement,
24 Governor Scott, as we know, vetoed the
25 appropriation for the Lee judgments as well as
Page 28
1 the Broward judgments.
2 And what was the basis for his veto? The
3 basis for his veto was exactly what
4 Commissioner Putnam had said in his statement;
5 ongoing litigation, which the Supreme Court
6 debunked in its opinion last summer of
7 July 13th or 15th when they refused to
8 overturn the governor's veto.
9 So not only do we have -- while we
10 appreciate the representation in open court
11 that they would be, quote/unquote, happy to
12 pay these judgments if they had an
13 appropriation, the evidence in this case that
14 we'll present to the Court today belies those
15 statements, belies that statement today, and
16 will show affirmatively that they have either
17 done absolutely nothing, or actively, directly
18 or indirectly attempted to essentially escape
19 paying those judgments by not doing anything
20 to obtain such an appropriation.
21 We think that that conduct rises to such a
22 level that it undermines the integrity of the
23 constitutional office, the constitutional
24 responsibilities that Commissioner Putnam and
25 his Department have, not just to these
 8 (Pages 29 to 32)
Page 29 Page 31
1 citizens, not just to these homeowners, but to 1 evidence because the Department is a party.
2 every citizen in this state. 2 I'm going to be covering a selected number of
3 If that, if the Commissioner of 3 topics today with Mr. Buchanan.
4 Agriculture, one of four constitutional 4 THE COURT: My time is your time so, for
5 officers in this state, and his Department of 5 both sides, use as much time as you want or
6 Agriculture cannot be entrusted to uphold a 6 anything in that's within reason. I
7 constitutional provision, a commandment in our 7 anticipate we'll finish today, but if need be,
8 constitution, when the litigation after 13 8 we can come back and finish Friday.
9 years has run its course and ended, then the 9 DIRECT EXAMINATION
10 constitutional provision that guarantees 10 BY MR. GILBERT:
11 citizens full compensation when their property 11 Q. Mr. Buchanan, good morning, sir.
12 is taken will be, in your words, I think the 12 A. Good morning.
13 word was, teethless. 13 Q. Please state your name for the record.
14 THE COURT: Toothless. 14 A. Derek Buchanan.
15 MR. GILBERT: Toothless; and that can't 15 Q. Where do you live?
16 be. That's not what this state constitution 16 A. I live in Tallahassee.
17 was built on. That's not what our federal 17 Q. What do you do for a living, sir?
18 constitution was built on. And that's why 18 A. I am the director of policy and budget for
19 we're here. 19 the Department of Agriculture and Consumer
20 THE COURT: First witness, please. 20 Services.
21 MR. GILBERT: Our first witness is 21 Q. How long have you held that position?
22 Commissioner Adam Putnam. 22 A. Since August of 2013.
23 MR. PARSONS: I don't know what he's 23 Q. Who do you report to?
24 talking about. 24 A. I report to the chief of staff for the
25 MR. GILBERT: We call Commissioner Adam 25 Department. That's Mr. Mike Joyner.

Page 30 Page 32
1 Putnam to the stand. 1 Q. Who does Mr. Joyner report to?
2 THE COURT: No response? I take it he's 2 A. He reports to Commissioner Putnam.
3 not here today; is that correct? 3 Q. Do you have any reporting responsibilities
4 MR. PARSONS: That is correct, Your Honor. 4 directly to Commissioner Putnam?
5 THE COURT: Next witness, please. 5 A. I do not.
6 MR. GILBERT: Yes, Your Honor. At this 6 Q. Are you here today on behalf of the
7 time we'll call Mr. Derek Buchanan. 7 Florida Department of Agriculture and Consumer
8 THE COURT: Mr. Buchanan, can you stand 8 Services?
9 and please raise your right hand for me. 9 A. I am.
10 Thereupon-- 10 Q. Are you here, sir, today on behalf of
11 DEREK BUCHANAN 11 Commissioner Adam Putnam?
12 was called as a witness by the Plaintiffs and, 12 A. Yes.
13 having been first duly sworn, testified as follows: 13 Q. Are you speaking on behalf of Commissioner
14 MR. GILBERT: Your Honor, for purposes of 14 Adam Putnam today?
15 this witness' testimony, to expedite the 15 A. Yes.
16 proceedings today, given the fact that we have 16 Q. Have you spoken with Commissioner Putnam
17 a limited amount of time, we intend and have 17 in preparation for giving your testimony today?
18 agreed already, and the rules expressly permit 18 A. I have.
19 it, where we will be filing and have filed 19 Q. And he's authorized you to speak on his
20 already the deposition of the Department of 20 behalf?
21 Agriculture which was taken on January 18, 21 A. Yes.
22 2018. Mr. Buchanan was the designee produced 22 Q. You heard Mr. Parsons, the Department and
23 that day. We have filed and will be 23 the Commissioner's counsel, make a statement a
24 presenting the Court with the entire 24 moment ago that the Department and Commissioner
25 deposition transcript, which is admitted into 25 Putnam would be happy to pay the three final

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 9 (Pages 33 to 36)
Page 33 Page 35
1 judgments entered in this case if the legislature 1 appropriation to do so?
2 were to appropriate funds. Is that Commissioner 2 A. Yes.
3 Adam Putnam's position as we sit here today? 3 Q. Commissioner Putnam is the individual
4 A. It is. As a state agency, we're basically 4 within the Department of Agriculture who makes
5 required to implement the budget that the 5 final decisions about what items will be included
6 legislature provides us. If there's appropriation, 6 in the Department's annual budget request; is that
7 we will absolutely follow that appropriation. 7 correct?
8 Q. Would Commissioner Adam Putnam be happy to 8 A. That is correct.
9 pay the three judgments that were entered in this 9 Q. As we sit here, you heard Mr. Parsons'
10 case if the legislature appropriates the money to 10 representation to the Court that up to this point
11 do so? 11 in time, the Department of Agriculture has never
12 A. Yes. 12 made a request to appropriate funds to pay these
13 Q. And would the Department of Agriculture be 13 judgments; is that correct?
14 happy to pay the three judgments entered in this 14 A. That is correct.
15 case if the legislature appropriates the money to 15 Q. So for the legislative session of 2017,
16 do so? 16 last March through May, the Department of
17 A. Yes. 17 Agriculture did not make an affirmative request of
18 Q. These don't have numbers on them yet, 18 the legislature to pay these three judgments?
19 Mr. Buchanan, but I'm handing you what the parties 19 A. We did not make an affirmative request,
20 have agreed will be admitted into evidence as 20 but I do want to add that part of our legislative
21 Petitioners' Exhibits 3, 4 and 5. 21 budget request packet is a litigation inventory
22 (Thereupon a document was marked 22 that includes all judgments against the Department.
23 Petitioners' Exhibits 3, 4 & 5 in evidence in 23 That goes with our legislative budget request each
24 the proceedings) 24 year, and these judgments were absolutely included
25 25 on that inventory.

Page 34 Page 36
1 BY MR. GILBERT: 1 Q. The Florida Department of Agriculture's
2 Q. Do you recognize these documents, sir? 2 budget request for -- that was submitted to the
3 A. I do. 3 legislature last year was approximately
4 Q. Do you recognize these to be the three 4 $1.7 billion; correct, sir?
5 final judgments that were entered in this 5 A. Yeah, I believe so.
6 proceeding? 6 Q. And that $1.7 billion budget request did
7 A. Yes. 7 not include the approximate $15 million that is
8 Q. And these are the three final judgments 8 owed under the three final judgments entered in
9 that the Department of Agriculture and Commissioner 9 this case; correct, sir?
10 Putnam would be happy to pay in full if the 10 A. Correct.
11 legislature appropriates monies with which to do 11 Q. And Commissioner Putnam was the individual
12 so? 12 within the Department of Agriculture who made the
13 A. Yes. 13 ultimate decision not to request that the 2017
14 Q. And you understand that post-judgment 14 legislature appropriate funds to pay those three
15 interest is due and owing on these judgments since 15 judgments; correct, sir?
16 the date that they were each entered? 16 A. That is correct. I don't know that they
17 A. I do. 17 were actually presented to him.
18 Q. And you understand the post-judgment 18 The way we craft our budget, we have about
19 interest must be paid up through the date of 19 15 divisions within the Department. We reach out
20 payment? 20 to those divisions. We ask them what their budget
21 A. Yes. 21 needs are. They send those back to us. They can
22 Q. And Commissioner Putnam and the Department 22 be as mundane as equipment replacement vehicles for
23 would be happy to pay the full amounts due under 23 things that have broken down. Those become the
24 those three judgments including post-judgment 24 basis for that request that we present to
25 interest if the Department receives an 25 Commissioner Putnam, and he either approves those

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 10 (Pages 37 to 40)
Page 37 Page 39
1 requests or denies them. 1 the ultimate decision not to include a request in
2 Q. You're surely not suggesting to the Court 2 the -- let me back up. Forgive me.
3 today that Commissioner Putnam was unaware of the 3 The Department of Agriculture's requested
4 existence of these three judgments last year, are 4 budget to the 2018 legislature is either the same
5 you? 5 or greater than last year's budget; correct?
6 A. Not at all. 6 A. That is correct.
7 Q. In fact, you have discussed these three 7 Q. So it's something north -- either equal to
8 judgments with Commissioner Putnam specifically on 8 or north of $1.7 billion?
9 one or more occasion; correct, sir? 9 A. Yes. I believe our current year budget is
10 A. Yes. 10 around $1.75 billion. I believe our budget request
11 Q. So, to be clear, Commissioner Putnam made 11 is 1.8 billion and some change.
12 the ultimate decision not to request an 12 Q. And 1.8 billion and some change is the
13 appropriation from the 2017 legislature with which 13 budget request that is submitted to the 2018
14 to pay these judgments; correct, sir? 14 legislature?
15 A. Yes. 15 A. That is correct.
16 Q. You followed his orders? 16 Q. And Commissioner Putnam is the individual
17 A. Yes, as we do with any budget decisions. 17 who has made the ultimate decision not to request
18 Like I said, we sit down, the divisions provide 18 an appropriation from the 2018 legislature with
19 those needs, we sit down with him. He is the 19 which to pay these three judgments; correct, sir?
20 ultimate approver of all budget requests. 20 A. That is correct.
21 Q. Let's talk about the current legislative 21 Q. You followed his orders?
22 session. As we sit here today, the 2018 22 A. Yes.
23 legislature is meeting in Tallahassee for its 23 Q. Isn't it true, sir, that Commissioner
24 actual 60-day session; correct, sir? 24 Putnam and you through the Department have made no
25 A. That is correct. 25 efforts whatsoever to pay the three judgments

Page 38 Page 40
1 Q. And the Florida Department of Agriculture 1 entered in this case other than reporting the
2 and Consumer Services has submitted in advance of 2 existence of those judgments to the legislature and
3 this legislative session a budget request to the 3 the Department of Financial Affairs -- Financial
4 2018 legislature; correct? 4 Services? Excuse me.
5 A. We have, yes. 5 A. That is correct. And the reason being, as
6 Q. And that budget is for the fiscal year 6 a state agency, every expenditure we make requires
7 that will begin on July 1, 2018, and run through 7 an appropriation from the legislature to make that
8 June 30th of 2019? 8 expenditure. Without an appropriation, I cannot
9 A. Correct. 9 physically even get a voucher authorization to the
10 Q. And you are the person within the 10 Department of Financial Services.
11 Department who oversees the preparation and 11 Q. Mr. Buchanan, speaking on behalf of the
12 submission of that legislative budget request on 12 Department and the Commissioner today, is it true
13 behalf of the Department? 13 that the Department of Agriculture has never
14 A. That is correct. 14 conferred with any other state agency, nor sought a
15 Q. And you meet with Commissioner Putnam in 15 legal opinion from anyone, including the Attorney
16 the course of doing that to make sure that his -- 16 General, regarding whether a mechanism exists that
17 his interest and his desires are taken into 17 would allow the Department to move funds within its
18 consideration in putting together that budget? 18 budget to pay the Lee County judgments or some
19 A. That is correct. 19 other mechanism that would allow the Department to
20 Q. As we sit here today, the Department of 20 seek an amendment to allow it to pay these
21 Agriculture has not requested that the 2018 21 judgments?
22 legislature appropriate funds with which to pay the 22 A. We have not sought outside counsel. We
23 Lee County judgments; is that correct? 23 feel confident in our internal general counsel. My
24 A. That is correct. 24 experience as the budget director and knowing
25 Q. Commissioner Putnam is the person who made 25 Chapter 216, so, no, we have not sought outside

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 11 (Pages 41 to 44)
Page 41 Page 43
1 counsel on that issue. 1 make that expenditure.
2 Q. The Department of -- speaking on behalf of 2 BY MR. GILBERT:
3 the Department and Commissioner Putnam, your agency 3 Q. I asked you before and you confirmed that
4 has not only not sought a legal opinion from 4 the Department reports the existence of these three
5 outside counsel or the Attorney General; you have 5 judgments, and as you said, other judgments that
6 not conferred with any other state agency including 6 have been entered against it, to the Department of
7 the Department of Financial Affairs or the 7 Financial Services on an annual basis; is that
8 governor's office to see whether there is some 8 correct?
9 mechanism that would allow your department to pay 9 A. That is correct. There is a note in the
10 and satisfy these judgments or to find a way to 10 comprehensive annual financial report that's
11 amend the budget that has been appropriated to the 11 prepared by DFS, after fiscal year-end.
12 Department of Agriculture to pay these judgments; 12 Q. Let me hand you, Mr. Buchanan, what is
13 isn't that correct? 13 coming into evidence by agreement as Petitioners'
14 A. That is correct. 14 Exhibit 20.
15 Q. Sir, the Department of Agriculture and 15 (Thereupon a document was marked
16 Commissioner Putnam's only position regarding why 16 Petitioners' Exhibit 20 in evidence in the
17 the Lee County judgments have not been paid is 17 proceedings)
18 because the Department has not had an appropriation 18 BY MR. GILBERT:
19 from the legislature and approved by the governor; 19 Q. Do you recognize that document, sir?
20 isn't that true? 20 A. I do.
21 A. That is true. 21 Q. What is it?
22 Q. And the Department of Agriculture and 22 A. This would have been an internal e-mail
23 Commissioner Putnam agree that the Lee County 23 between our Bureau of Finance and Accounting staff
24 judgments should be paid without regard to where 24 and Mr. Parsons regarding preparation of what's
25 the funds are going to come from; isn't that 25 referred to as the note 16. That is the note that

Page 42 Page 44
1 correct, sir? 1 goes in the comprehensive annual financial report
2 A. I agree that they should be paid. I do 2 that's prepared by DFS each year.
3 have concerns about where the funds should come 3 Q. And this would have been the note that was
4 from. 4 prepared on behalf of the Florida Department of
5 Q. You are speaking on behalf of Commissioner 5 Agriculture for inclusion in the State of Florida's
6 Putnam and the Department of Agriculture, and in 6 comprehensive financial statement for the year
7 that capacity you agree that the judgments should 7 ending June 30, 2016?
8 be paid; correct? 8 A. That is correct.
9 A. Absolutely, yes. 9 Q. Let me ask you, sir, to turn to what is
10 Q. And Commissioner Putnam agrees that the 10 the final page of this exhibit. Do you have it in
11 judgments should be paid? 11 front of you?
12 A. Yes. 12 A. I do.
13 Q. The Department of Agriculture and 13 Q. And for the Court's benefit, is this the
14 Commissioner Putnam's position is that they have no 14 updated version of the Department's note regarding
15 responsibility or obligation to pay the Lee County 15 the Lee County litigation and the other related
16 judgments unless there's a legislative 16 citrus canker litigation matters that are being
17 appropriation, specific legislative appropriation 17 reported to the Department of Financial Services
18 to do so? 18 for inclusion in the state's annual financial
19 MR. PARSONS: Objection, cumulative, asked 19 statement?
20 and answered, Your Honor. 20 A. I believe so, yes.
21 THE COURT: Overruled. 21 Q. You recognize this to be that document?
22 THE WITNESS: That's correct. I mentioned 22 A. I do.
23 for every expenditure I make as a state agency 23 Q. And, sir, do you see that in this
24 and any state agency, for that matter, relies 24 document, the Department is reporting in the large
25 on an appropriation from the legislature to 25 paragraph in the middle, that the amounts awarded

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 12 (Pages 45 to 48)
Page 45 Page 47
1 in the Lee County case as being $13,625,249, 1 they not?
2 including prejudgment interest as well as $821,993 2 A. Yes, they should.
3 in fees and costs? 3 Q. Sir, as we sit here today, has the
4 A. Yes. 4 Department of Agriculture recorded the amounts due
5 Q. And you see that this note also indicates 5 under the three Lee County judgments as a liability
6 at the end that post-judgment interest is running 6 on its books and records?
7 on all of these judgments? 7 A. We have not. I don't know the answer to
8 A. I do. 8 that. I'm going to back up.
9 (Thereupon a document was marked 9 I -- I am on the budget side of the House.
10 Petitioners' Exhibit 34 in evidence in the 10 Bureau of Finance and Accounting handles our
11 proceedings) 11 financial reporting. I quite honestly don't know
12 BY MR. GILBERT: 12 the answer to that.
13 Q. Let me hand you what's coming into 13 Q. So, sitting here today, appearing here
14 evidence by agreement as Petitioners' Exhibit 34. 14 today on behalf of Commissioner Putnam, you're
15 And for the record, I'll represent to you in court 15 unable to tell this Court whether the Florida
16 this is an excerpt, by agreement with the 16 Department of Agriculture has recorded the amounts
17 Department's counsel, this is an excerpt of the 17 due under these three final judgments as a
18 Florida Comprehensive Annual Financial Report 18 liability on the Department's books and records?
19 rather than the entire report, which is about an 19 A. Yes; I'm uncertain of that. I'm assuming
20 inch think. 20 that since there's a note in the financial
21 Do you recognize this document, sir? 21 statements, that that's indicating that there's a
22 A. Yes. 22 liability to the state, to the Department.
23 Q. What is it? 23 Q. You're assuming that?
24 A. It's an excerpt from the Comprehensive 24 A. I am.
25 Annual Financial Report from the fiscal year ending 25 Q. The CAFR that we're looking at, the

Page 46 Page 48
1 June 30, 2016. 1 excerpt of the CAFR that we're looking at,
2 Q. Would it be correct to describe this 2 Petitioners' 34, is for the year ended June 30,
3 document as the financial statement for the State 3 2016; correct?
4 of Florida? 4 A. Correct.
5 A. Yes. 5 Q. As we sit here today in court, February 6,
6 Q. And the note that we just discussed, which 6 2018, the CAFR for the fiscal year ended June 30,
7 is referenced in Petitioners' Exhibit 20, is that 7 2017, has not yet been issued; is that correct?
8 note, or an edited version of that note, included 8 A. That is correct.
9 somewhere in Petitioners' Exhibit 34, what's known 9 Q. It comes out at the end of this month;
10 as the CAFR? 10 right?
11 A. Yes. 11 A. I believe so; and that's due to it takes
12 Q. And for the Court's benefit with this 12 the state awhile to close the books after the
13 excerpt, what page of this excerpt would that note 13 fiscal year. Agencies normally close the books
14 be found in? 14 towards the end of August, and then it takes DFS
15 A. It looks like it's on Page 157, or -- is 15 awhile to compile all that information.
16 that what you wanted or the actual -- 16 Q. Let me hand you what is coming into
17 Q. That's correct, sir. 17 evidence by agreement as Petitioners' Exhibit
18 A. Okay. 18 Number 28, sir.
19 Q. So if one were to look, compare the note 19 (Thereupon a document was marked
20 that is made part of the updated note that's made 20 Petitioners' Exhibit 28 in evidence in the
21 part of Petitioners' Number 20 that we reviewed 21 proceedings).
22 just a moment ago, and the note that's included in 22 BY MR. GILBERT:
23 Subsection B of Note 16 on Page 157 of the CAFR for 23 Q. Do you recognize this document?
24 the fiscal year ended June 30, 2016, they should 24 A. I do.
25 match up in all respects or in substance, should 25 Q. What is it?

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 13 (Pages 49 to 52)
Page 49 Page 51
1 A. This is citrus canker litigation overview 1 matters listed there as well?
2 that is updated routinely with changes as there are 2 A. Yes.
3 changes in the cases. This is a document that we 3 Q. Let me ask you to turn to the last page,
4 from time-to-time are asked to provide by 4 the second to the last bullet point. Do you see
5 legislative staff, governor's office staff, 5 that, sir?
6 basically anybody that's interested in the status 6 A. Is that the Fourth DCA?
7 of the canker cases. 7 Q. Yes, sir.
8 Q. Is this a document that is prepared by the 8 A. Yes.
9 Department's general counsel in cooperation with 9 Q. You've reviewed this before; correct?
10 its outside counsel? 10 A. Yes.
11 A. Yes. 11 Q. And you understand that the Fourth DCA is
12 Q. Is this document submitted on an annual 12 the Appellate Court that oversees cases that come
13 basis to the Department of Financial Affairs in 13 out of Broward County, Palm Beach County and Martin
14 connection with the submission of the updated Note 14 County on the east coast?
15 16 for inclusion in CAFR? 15 A. Yes.
16 A. No, not that I'm aware of. 16 Q. You understand that this note refers to
17 Q. Is this document submitted periodically to 17 the decision that the Fourth District Court of
18 the legislature or the governor's office if and 18 Appeal made in connection with the Broward County
19 when requests are made by either of them for 19 citrus canker case?
20 updates on the citrus canker litigation? 20 A. Yes.
21 A. Yes. 21 Q. Let me hand you, sir, what's coming into
22 Q. Let me ask you, sir, to turn to -- the 22 evidence by agreement as Petitioners' Exhibit
23 date of this updated document is what, sir? 23 Number 30.
24 A. It looks like August 7, 2017. 24
25 Q. Let me ask you to turn to what would be 25

Page 50 Page 52
1 the second to the last page of the document. At 1 (Thereupon a document was marked
2 the top of the page you'll see a section that says 2 Petitioners' Exhibit 30 in evidence in the
3 total owed in canker lawsuits. 3 proceedings).
4 A. Okay. 4 BY MR. GILBERT:
5 Q. Are you there? 5 Q. Do you recognize that document, sir?
6 A. I am there. 6 A. I do not. It looks like a DFS statewide
7 Q. And would you just read that title of that 7 financial statement form regarding loss
8 subsection aloud? 8 contingencies.
9 A. Total owed in canker lawsuits, these 9 Q. Do you recognize this to be the form that
10 numbers are approximate as of March 2017. 10 is submitted by your department to the Department
11 Q. And you see that there are five bullet 11 of Financial Services on an annual basis in
12 points underneath it? 12 connection with the notes, Note 16 loss
13 A. Yes. 13 contingencies that are included in CAFR?
14 Q. And one of those bullet points relates to 14 A. Yes.
15 the matter that brings us together in court today, 15 Q. And Mr. Brendan Jones is the Chief of
16 the Lee County case? 16 Finance and Accounting for the Florida Department
17 A. Yes. 17 of Agriculture?
18 Q. Would you read aloud, please, what is 18 A. That is correct.
19 written in this document with regard to the Lee 19 Q. Do you recognize, sir, that attached to
20 County case of the total owed in the Lee County 20 this form is a letter from the Department's outside
21 case? 21 counsel, Mr. Parsons, that describes the status of
22 A. Lee County, approximately 16.7 million, 22 the lawsuits, the citrus canker lawsuits that the
23 paren, the judgments in this case are collectible. 23 Department is engaged in, including this lawsuit?
24 Q. And there is similar language for the 24 A. Yes.
25 Broward County, Palm Beach County and Orange County 25 THE COURT: Are you talking about the

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 14 (Pages 53 to 56)
Page 53 Page 55
1 July 17th letter? 1 behalf of Commissioner Adam Putnam and on behalf of
2 MR. GILBERT: Yes, Your Honor. 2 the Florida Department of Agriculture, you do not
3 THE COURT: Okay. 3 know whether it is your Department's and the
4 BY MR. GILBERT: 4 Commissioner's position that Section 11.066,
5 Q. Let me hand you what's coming into 5 Subsections 3 and 4, take precedence over the
6 evidence by agreement as Petitioners' 6 Florida and U.S. Constitutions; is that your
7 Exhibit Number 29, sir. 7 position?
8 (Thereupon a document was marked 8 MR. PARSONS: Objection, legal opinion.
9 Petitioners' Exhibit 29 in evidence in the 9 THE COURT: Overruled.
10 proceedings). 10 THE WITNESS: Yeah, I -- I'm not a lawyer.
11 BY MR. GILBERT: 11 I do not know the answer to that. I think as
12 Q. Do you recognize this document? 12 we've stated several times, if the legislature
13 A. I do. 13 appropriates the money, we would gladly pay
14 Q. What do you recognize it to be? 14 them. Every expenditure I make at the
15 A. This, again, is an e-mail between Lorena 15 department requires that appropriation before
16 and our staff in our Bureau of Finance and 16 I can make it.
17 Accounting regarding Note 16 for the fiscal year 17 BY MR. GILBERT:
18 ended June 30, 2017. 18 Q. Mr. Buchanan, as the Department's and
19 Q. And when you mentioned the name Lorena, 19 Commissioner Putnam's representative here, is it
20 it's Lorena Holley, the Department of Agriculture's 20 true, sir, that you first learned of the existence
21 general counsel, sir? 21 of Section 11.066 in preparation for the deposition
22 A. Yes. 22 I took of you on January 18, 2018?
23 Q. And who is Jim Dodson? 23 MR. PARSONS: Relevance.
24 A. Jim Dodson is an analyst in our Bureau of 24 THE COURT: Overruled.
25 Finance and Accounting. They deal with the state- 25 THE WITNESS: Yes.

Page 54 Page 56
1 wide financial statement reporting. 1 BY MR. GILBERT:
2 Q. Do you recognize Petitioners' 29 as being 2 Q. You learned about it a week or so before
3 the updated note that was submitted by the 3 that deposition; correct?
4 Department of Agriculture to the Department of 4 A. That's correct.
5 Financial Services for inclusion in Note 16 of the 5 Q. In the course of preparing for that
6 CAFR for the year ended June 30, 2017, that is 6 deposition?
7 expected to be published later this month? 7 A. Yes.
8 A. Yes. 8 Q. That was the first time you ever even
9 Q. Let me ask you to turn to that updated 9 heard of that statute; correct?
10 note, please. 10 A. That is correct. As I mentioned, I'm
11 A. Okay. 11 director of policy and budget. I deal primarily
12 Q. Do you see that the updated note includes 12 with the Department's budget, and that's primarily
13 reference to the amounts awarded in the Lee County 13 in Chapter 216.
14 action as $13,625,249, plus $892,886 in fees and 14 Q. No disrespect intended, sir, but you're
15 costs? 15 sitting in the witness box today speaking on behalf
16 A. Yes. 16 of Commissioner Putnam and the Florida Department
17 Q. And do you see, sir, that the note also 17 of Agriculture. I understand what you do day in
18 indicates that post-judgment interest is running on 18 and day out.
19 all of the judgments that are listed there? 19 But is it your position speaking on behalf
20 A. Yes. 20 of Commissioner Adam Putnam and the Florida
21 THE COURT: Are those other judgments 21 Department of Agriculture, that the first time the
22 final as well, other than Miami-Dade? 22 Department and Commissioner Putnam became aware of
23 MR. GILBERT: Yes. 23 the existence of Section 11.066, Subsection 3 and
24 BY MR. GILBERT: 24 4, was a week before your deposition was taken?
25 Q. Sir, as you sit here today, speaking on 25 A. No. That's my understanding -- that's

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 15 (Pages 57 to 60)
Page 57 Page 59
1 when I looked at 11.066. I feel confident the 1 Q. This document is a record that was located
2 Commissioner was well aware of 11.066 prior to 2 by the Department of Agriculture in a search of its
3 that. He's been updated on these cases regularly 3 e-mails and electronic records at my request;
4 by our internal and outside counsel. 4 correct?
5 Q. Sir, true or false; the Florida Department 5 A. Correct.
6 of Agriculture has never raised Section 11.066 6 Q. Sometime shortly after I took your
7 before as an impediment or bar to paying judgments 7 deposition a few weeks ago?
8 entered against it except in this case and the 8 A. Yes.
9 related Broward County case? 9 Q. And this document is -- reflects a
10 MR. PARSONS: Objection, relevance. 10 statement that was issued by the Florida Department
11 THE COURT: Overruled. 11 of Agriculture on behalf of Commissioner Putnam
12 THE WITNESS: I believe that to be true. 12 back in April of 2017; correct, sir?
13 BY MR. GILBERT: 13 A. Yes.
14 Q. And you agree, sir, that the Department 14 Q. Aaron Keller is someone that either --
15 and Commissioner Putnam are not taking the position 15 that at that time worked in the Department's public
16 here today in court that Section 11.066 requires 16 affairs office as a press secretary on behalf of
17 that the Lee County homeowners seek a claim bill; 17 Commissioner Putnam?
18 isn't that correct, sir? 18 A. That is correct. He is press secretary
19 A. Yes. I believe it provides a process for 19 for the Department.
20 an appropriation as well. 20 Q. And this was a -- this was a statement
21 Q. Your position -- I want to make sure that 21 that was authorized by Commissioner Putnam to be
22 your yes is in answer to my question; your position 22 released by his press secretary to members of the
23 is that the Department is not claiming that Section 23 media; correct, sir?
24 11.066 requires a claim bill; correct? 24 A. Correct.
25 A. Correct. 25 Q. Speaking here today, testifying here today

Page 58 Page 60
1 Q. I'm trying to make it simple English for 1 on behalf of Commissioner Putnam and on behalf of
2 all of us, so it's not unclear. 2 the Florida Department of Agriculture, you
3 A. I appreciate that. 3 understand and acknowledge that at the time this
4 Q. We lawyers sometimes have trouble doing 4 statement was issued by Commissioner Putnam on
5 that. 5 April 10, 2017, that there was no ongoing
6 Do you agree that the Lee County 6 litigation insofar as it relates to the Lee County
7 homeowners who hold these judgments do not have to 7 case; correct, sir?
8 pursue a claim bill to have their judgments paid? 8 A. Correct.
9 A. Yes, I believe there are a couple of 9 Q. You understand that as of April 10, 2017,
10 avenues; one being an appropriation in the general 10 when Commissioner Putnam released this statement,
11 appropriations act, the other potentially being a 11 that the amounts awarded under the three Lee County
12 claim bill. 12 judgments that have been admitted into evidence and
13 Q. The Department's position here today, 13 the Department's liability to pay those amounts had
14 however, is that the Lee County homeowners, the 14 been adjudicated to finality?
15 Petitioners in this case, are not required to 15 A. Correct.
16 pursue a claim bill; isn't that correct? 16 Q. You understood and are here testifying on
17 A. Yes. 17 behalf of Commissioner Putnam and the Department
18 Q. Let me hand you, sir, what's coming into 18 that as of April 10, 2017, there was no basis for
19 evidence by agreement as Petitioners' 17. 19 the Florida Supreme Court to review the amounts
20 (Thereupon a document was marked 20 awarded under the Lee County judgments; correct,
21 Petitioners' Exhibit 17 in evidence in the 21 sir?
22 proceedings). 22 A. Correct.
23 BY MR. GILBERT: 23 Q. This year, in your Department's -- by the
24 Q. Do you recognize this document, sir? 24 way, I used an acronym earlier this morning called
25 A. I do. 25 LBR. What does that refer to?

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1 A. That's a legislative budget request. 1 in the neighborhood of five- to $7 million request
2 Q. And LBR, a legislative budget request, is 2 for increase in salaries for certain of the
3 what the Florida Department of Agriculture and 3 Department of Agriculture's law enforcement
4 other state agencies submit on an annual basis to 4 personnel?
5 the legislature to tell the legislature what your 5 A. Yes. We have a pay increase issue for
6 Department is requesting as an annual 6 both law enforcement and wildland firefighters.
7 appropriation? 7 It's $11.4 million in total for the two groups, and
8 A. Yes. The LBR actually includes much more 8 that's just to deal with substantial recruitment
9 than just that request. It includes trust fund 9 retention issues that we're having in those areas.
10 statements, fee schedules. We already talked about 10 Q. The budget request, the LBR also includes
11 litigation inventory summary. It includes a number 11 a request for an appropriation to pay for -- to pay
12 of documents that are in theory there to educate 12 $2 million, to appropriate $2 million for the
13 the legislature on their funding choices for the 13 Division of Plant Industry, which is one of the
14 upcoming session. 14 many divisions of the Department of Agriculture, to
15 Q. When the Department submits its annual LBR 15 continue its operation of the Citrus Health
16 to the legislature, it is affirmatively asking the 16 Response Program; correct?
17 legislature to appropriate the sum of -- the sum of 17 A. That is correct. We have an annual
18 all those monies requested to make up the 18 federal award for our Citrus Health Response
19 Department's fiscal year budget; correct? 19 Program. As part of that federal reward, there's a
20 A. Yes. 20 requirement for a state match. So there's funding
21 Q. And as you mentioned a few moments ago, 21 for the federal piece and there's funding for the
22 the LBR that the Department submitted for the 2018 22 state match. And when I say "state match," that's
23 legislature seeks somewhere in excess of 23 generally required to obtain the federal funding.
24 $1.8 billion? 24 Q. And that state match in this particular
25 A. Correct. 25 instance is $2 million, is the state portion of the

Page 62 Page 64
1 Q. And within that -- that LBR is a pretty 1 match on top of $5 million coming from the federal
2 thick document; isn't it? 2 government?
3 A. Yes. It's thousands of pages. 3 A. That is correct. And there's also an
4 Q. And it includes hundreds, if not 4 amount in salary and benefits that's in base. I
5 thousands, of specific line item requests for line 5 want to say the Citrus Health Response Program in
6 item appropriations covering the gamut of things, 6 total is about $10 million.
7 including salaries and vendors and things of that 7 Q. And speaking just specifically about the
8 like? 8 state and federal match, that request for
9 A. That is correct. The way it works, the 9 $7 million that's included in the Department of
10 state budget has what they refer to as base budget 10 Agriculture's LBR for 2018 will include an
11 recurring funding. It's there regardless of our 11 appropriation for several hundred thousand dollars
12 request. Those are things, it's there to fund 12 that is intended to be used to pay the Department's
13 ongoing needs, things like salary, benefits, 13 outside counsel for defending this lawsuit;
14 expenses. So the budget starts with that base 14 correct, sir?
15 budget and then builds onto that base budget with 15 A. That is correct. The Citrus Health
16 issues that we request. 16 Response Program has historically been the funding
17 Q. And those issues could include, for 17 source for all canker litigation in the Department.
18 example, in this year's 2018 LBR, a specific 18 Q. You understand that with respect to each
19 request for approximately a million dollars to 19 of those specific items that I just addressed, plus
20 replace dated vehicles that the Department's 20 the hundreds or thousands of others, that all of
21 Division of Plant Industry uses to fulfill its 21 those items are specifically requested by the
22 mission; correct, sir? 22 Department of Agriculture in its annual LBR;
23 A. That is correct. We have a rather large 23 correct?
24 vehicle request every year. 24 A. That is correct.
25 Q. It also includes in the 2018 LBR somewhere 25 Q. And yet in the annual LBR for 2018 and for

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 17 (Pages 65 to 68)
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1 2017, which was last year, the Department of 1 Q. And so this covers the fiscal year that
2 Agriculture never saw fit to include a specific 2 began on July 1, 2017, and runs to June 30th of
3 request for an appropriation to pay these three 3 this year?
4 judgments? 4 A. Correct.
5 A. That is correct. Now, I do want to be 5 Q. It shows, and I want to make sure that
6 clear, our legislative budget request is just that; 6 we're clear on what it indicates; is that the
7 it's a request. The legislature ultimately makes 7 Florida legislature initially appropriated a total
8 funding decisions, and typically what they fund 8 of $1,793,728,803 to the Florida Department of
9 looks a lot different than what we request. I 9 Agriculture and Consumer Services during the
10 would point to last year's appropriation for canker 10 original 60-day session last spring?
11 judgments and there's currently an appropriation 11 A. That is correct. I will add that
12 for canker judgments as well in the House 12 approximately 1.3 billion of that is directly
13 recommendation. 13 associated with school feeding programs. It's
14 Q. You agree with the statement, sir, that 14 primarily federally funded.
15 providing -- you agree with the statement, sir, 15 Q. And this document also shows that after --
16 that, quote, it would be better to include an 16 this shows in the middle of the top half of this
17 affirmative appropriation request in the LBR, 17 document, the amounts of vetoes -- the items and
18 unquote, than simply advising the legislature of 18 amounts of vetoes that the governor exercised for
19 the existence of the judgments and the amounts due 19 portions of the legislatively approved budget for
20 thereunder? 20 the Department of Agriculture; correct?
21 A. Yes I, would agree with that. 21 A. Correct.
22 Q. And you agree with the statement that 22 Q. And when one deducts those amounts from
23 including a request for the specific amount 23 the number that I spoke a few moments ago, this
24 necessary to pay the Lee County judgments would be 24 document shows that at the end of the day, after
25 a more affirmative request than simply reporting 25 the legislature's approval of the budget and the

Page 66 Page 68
1 the existence of the Lee County judgments and the 1 governor's veto, that at the end of the day, the
2 amounts due thereunder to the legislature? 2 Department of Agriculture and Consumer Services'
3 A. I would agree definitely that that is more 3 approved financial plan for fiscal year 2017/'18 is
4 affirmative. I can't say that it would impact the 4 $1,751,825,376; correct?
5 ultimate funding decisions made by the legislature. 5 A. Correct.
6 Q. And you'll never be able to know because 6 Q. In the veto section, sir, putting aside
7 you didn't ask; correct? 7 the two items, 1437 A and B, which we know the
8 A. Yes. 8 Department did not request, did the Department of
9 Q. Let me hand you what's coming into 9 Agriculture include in its LBR for 2017, the line
10 evidence as Petitioners' 26. 10 items for the other items that were vetoed by the
11 (Thereupon a document was marked 11 governor and shown here?
12 Petitioners' Exhibit 26 in evidence in the 12 A. Some of these, like Arcadia Rodeo, Hardee
13 proceedings). 13 County Fair and Livestock, Lee Board of County
14 BY MR. GILBERT: 14 Commissioners, most of those, there's a statutory
15 Q. Do you recognize this document, sir? 15 process. Those are what we refer to as Ag
16 A. I do. 16 educational and promotional facilities. There's an
17 Q. This is a page that reflects the approved 17 application process with the Department. We
18 financial plan for the Florida Department of 18 receive those applications. We rank them according
19 Agriculture and Consumer Services adopted by the 19 to that statutory process and provide that list to
20 2017 legislature and as approved by the governor 20 the House, Senate and legislature.
21 for the appropriated funds to your department; 21 Q. Did the Department request in its LBR for
22 correct? 22 2017 legislature the appropriation for $860,000 for
23 A. That is correct. This is a document 23 the Pasco County Fair Association?
24 that's provided to our department at the beginning 24 A. No. That's what I'm saying. The Ag
25 of each fiscal year by the governor's office. 25 Education and Promotional Facility projects follow

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 18 (Pages 69 to 72)
Page 69 Page 71
1 a statutory process outside of the legislative 1 items, the remainder of these items that the
2 budget request. That process basically requires 2 governor vetoed in the Department of Agriculture's
3 submission of an application, a ranked list that is 3 budget were not even sought in the Department's
4 then submitted to the House, the Senate and the 4 LBR; is that correct?
5 governor's office. 5 A. That is correct. Several of them, though,
6 Q. So you wouldn't consider those to be 6 however, follow a different statutory process.
7 specific requests by the Department of Agriculture? 7 Q. The requests, the vetoes by the governor
8 A. We certainly receive the applications. We 8 of the line items 1437 A and B for the citrus
9 rank the list and we send that list to the House 9 canker judgments for Lee and Broward, you agree
10 and Senate legislature. It's not a -- like I said, 10 that those requests could have been included in the
11 it's outside of that LBR process. It's a separate 11 Department's 2017 LBR; correct?
12 statutory process. 12 A. Yes.
13 Q. Let me see if I can ask it this way. Of 13 Q. And they could have been included or
14 the, I believe there's ten items here listed under 14 re-included this year in the Department's 2018 LBR;
15 the veto column. Of the ten items that are listed, 15 correct?
16 how many of these items were items that were 16 A. That's correct.
17 specifically requested by the Department of 17 MR. GILBERT: Your Honor, give me just a
18 Agriculture in its LBR submitted to the 2017 18 moment, please.
19 legislature? 19 BY MR. GILBERT:
20 A. I'm sorry. I'm trying to look at these. 20 Q. I don't remember whether I asked you this
21 I believe the last one on the list deals 21 question or not so at the risk of missing it, let
22 with Laurel wilt. That was likely a Department 22 me ask it now.
23 issue. I don't know what the first appropriation, 23 Is it Commissioner Putnam's and the
24 1365, grant as to local government is, I can't say 24 Department of Agriculture's position that they have
25 with certainty, but it would likely have been those 25 no affirmative obligation to seek an appropriation

Page 70
1 two. I have the rest of these on this list are the
2 canker judgments and the various Ag education and
3 promotional facility projects.
4 Q. So basically would you agree with me that
5 what this document shows, Petitioners'
6 Exhibit Number 26, is that perhaps with two
7 exceptions, the only items that the governor vetoed
8 from the legislatively approved Department of Ag
9 budget were those items which the Department of Ag
10 did not even request in its annual LBR?
11 A. That is correct; but I think there's an
12 important caveat there that the vast majority of
13 these don't follow the LBR process. There's the
14 separate statutory process.
15 And I'll add that in years past, the
16 governor has certainly vetoed items that are in the
17 Department's budget. We had a veto of the
18 firefighters pay raise two years ago. We had a
19 veto of several Department maintenance projects
20 last year. It's not unusual at all for the
21 governor to veto items that have been included in
22 the Department budget request.
23 Q. I'm not talking about other years. I'm
24 just talking about the one for 2017, sir. The
25 answer is that with the exception of those two
Page 72
1 as part of your annual LBR process to pay the Lee
2 County judgments?
3 A. I don't think -- there's nothing that
4 spells out what should or shouldn't be included in
5 the LBR. I think that from the Department's
6 perspective, part of that legislative budget
7 request packet has included the litigation
8 inventory. We've responded anytime the legislature
9 has had a question on the status of the cases.
10 It's included in the Comprehensive Annual Financial
11 Report. There's a note that's included with the
12 long-range financial outlook that's presented to
13 the legislative budget commission prior to
14 session's start.
15 The legislature is certainly aware of
16 this, of each status of each case. I think we feel
17 like we have done our part by letting them know
18 that, yes, the judgments are in final order. They
19 are a liability of the state, of the Department.
20 Q. I appreciate your answer, sir, but I'm not
21 sure that you actually answered my question. My
22 question is very, very simple.
23 Does Commissioner Adam Putnam and the
24 Florida -- let me they correct that. Do
25 Commissioner Adam Putnam and the Florida Department

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 19 (Pages 73 to 76)
Page 73 Page 75
1 of Agriculture take the position that they have no 1 THE COURT: Okay. Mr. Moore, would you
2 affirmative obligation to seek an appropriation 2 come forward, please.
3 from the legislature to pay the Lee County 3 Thereupon--
4 judgments; yes or no? 4 STANLEY WILLIAM MOORE
5 A. I think that what I have told you is that 5 was called as a witness by the Petitioners and,
6 we have given the legislature all the information 6 having been first duly sworn, testified as follows:
7 they need to make a funding decision. Like I said, 7 MR. GILBERT: Judge, before I begin
8 it's recorded in that LBR packet. It's in the 8 questioning Mr. Moore, during our break just
9 Comprehensive Annual Financial Report. It's in the 9 for the record, we offered to the clerk for
10 long-range financial outlook. It's provided upon 10 admission into evidence four additional items
11 request, which happens pretty routinely, especially 11 by agreement. One is Petitioners' 39, which
12 from Senate staff and governor's office staff. 12 is the entire deposition of the Florida
13 Q. I understand, sir, but it still doesn't 13 Department of Agriculture and Consumer
14 answer my question. My question is, as you've 14 Services taken on January 18th of this year.
15 indicated a few moments ago in your answers where 15 Number 40 is the entire deposition of the
16 you confirmed, you agreed with me that 16 Florida Department of Financial Services taken
17 affirmatively asking for an appropriation is 17 on January 19, 2018.
18 better, is more an affirmative act than simply 18 41 is the affidavit Lea Crandall,
19 disclosing it to the legislature. 19 C-R-A-N-D-A-L-L, a representative of the
20 My question to you is, do Commissioner 20 Florida Department of Environmental
21 Putnam and the Department of Agriculture hold the 21 Protection.
22 view that they have no affirmative obligation to 22 And 42 is the entire deposition of the
23 seek an appropriation to pay these judgments? 23 Florida Department of Transportation taken on
24 A. We have not included a request in our LBR, 24 January 31, 2018.
25 so I would answer that, no. But like I said, we 25 THE COURT: Those aren't in my book.

Page 74 Page 76
1 have certainly kept the legislature apprised. This 1 Those have been filed with the clerk?
2 has not been a secret. This has not been something 2 MR. GILBERT: They are.
3 we've tried to hide, at all. 3 THE COURT: Separately?
4 MR. GILBERT: I have no further questions 4 MR. GILBERT: They are. Actually, what is
5 at this time. 5 in your book, Your Honor?
6 THE COURT: Thank you, sir. 6 THE COURT: I have 1 through 38.
7 Mr. Parsons, are you going to have some 7 MR. GILBERT: Correct. And in the
8 questions? 8 notebook of depositions that we sent to the
9 MR. PARSONS: I have no cross but I expect 9 court last week, you have all of those
10 to call the witness in my own case, Your 10 depositions except for the Department of
11 Honor. 11 Transportation, which is 42. So you have 39,
12 THE COURT: Fair enough. 12 40, and 41, but you don't have 42.
13 All right, sir. You may step down. 13 (Thereupon a document was marked
14 It is 10:30, so we have been going for an 14 Petitioner's Exhibits 39 thru 42 in evidence
15 hour and a half. We'll take a very brief 15 in the proceedings).
16 mid-morning break so you folks can use the 16 MR. GILBERT: May It Please The Court?
17 restroom, stretch your legs, get a drink. 17 THE COURT: Yes sir.
18 We'll start back up in approximately ten 18 DIRECT EXAMINATION
19 minutes. 19 BY MR. GILBERT:
20 (Thereupon a brief recess was taken, after 20 Q. Good morning, sir.
21 which the following proceedings were had:) 21 A. Good morning.
22 THE COURT: Who would you like to call 22 Q. Would you introduce yourself to the Court.
23 next? 23 A. I'm Stanley William Moore.
24 MR. GILBERT: Petitioners call William 24 Q. Mr. Moore, where do you live?
25 Moore. 25 A. In Sarasota.

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1 Q. And what do you do for a living? 1 topic.
2 A. I'm a lawyer. 2 Q. Let's digress for just a second. You and
3 Q. Would you please give the Court a little 3 I are acquainted with each other outside of this
4 brief background of your educational background 4 case.
5 prior to becoming an attorney. 5 A. Yes, sir.
6 A. I went to Florida State University. I was 6 Q. So that the record is clear, you and your
7 in the Army for a couple years. When I got out in 7 law firm and my law firm and Mr. Williams' firm are
8 1970, I went to law school at FSU. I graduated in 8 co-counsel in two inverse condemnation cases that
9 December of '72 and went to work at the State 9 are pending against the Florida Department of
10 Attorney's office in Sarasota and Bradenton and 10 Agriculture and Consumer Services right now;
11 practiced criminal law there as a prosecutor for a 11 correct?
12 little over two years. 12 A. That's correct.
13 Then I moved to Tallahassee and joined the 13 Q. And those are cases where we are
14 Florida Department of Transportation in their 14 representing commercial citrus farmers or nurseries
15 condemnation division, and then I spent some time 15 that have brought inverse condemnation claims
16 in their general litigation division, and when I 16 against the Department of Agriculture; correct,
17 left, I was the chief condemnation attorney for the 17 sir?
18 state. 18 A. Yes, sir.
19 And since 1978 I was a partner with Toby 19 Q. One of those is pending in Orange County
20 Brigham and Cary Gaylord in the eminent domain firm 20 and the other is pending I believe in Lake County?
21 of Miami, they allowed me to open up an office in 21 A. Yes, sir.
22 Sarasota. And I was there until I think 2011 when 22 Q. Do you have any financial interest
23 we started our own firm, which is Moore Bowman & 23 whatsoever in this particular case?
24 Rix. 24 A. Not in this case, no.
25 Q. And is that the firm that you continue to 25 Q. Do you have any financial interest or have

Page 78 Page 80
1 practice with through today? 1 you been counsel of record in any way, shape or
2 A. Yes. 2 form in the case that brings you to testify here
3 Q. Have you, at all times since leaving the 3 today?
4 Florida Department of Transportation, I believe you 4 A. No.
5 said it was 1972? 5 Q. What portion of your practice since 1978
6 A. I left the D.O.T. in 1978. 6 would you consider -- would you estimate involves
7 Q. At all times since 1978 have you been 7 inverse condemnation and eminent domain matters?
8 engaged in private practice in the field of eminent 8 A. Well, generally eminent domain, until the
9 domain and inverse condemnation law? 9 late '80s. And then our firm was large enough that
10 A. Yes. 10 I was able to emphasize areas of practice, and I
11 Q. Have you written and published any 11 kind of gravitated towards inverse condemnation, so
12 articles or papers or chapters in books on the 12 I would say a good 75 to 80 percent inverse
13 subject of eminent domain or inverse condemnation? 13 condemnation, regulatory takings and spinoff such
14 A. Yes. I've written a number of articles, a 14 as due process challenges and that kind of thing
15 chapter in Nichols on eminent domain. And since 15 since that time.
16 the late '80s, I've been the editor of -- the 16 Q. And is that still true today?
17 author of the eminent domain chapter in the 17 A. Yes, probably even a greater percentage
18 Florida, or the inverse condemnation chapter, I 18 now.
19 should say, in the Florida CLE book. 19 Q. Have you in the course of your career
20 Q. Have you over the course of your career 20 represented clients where you have obtained
21 spoken and lectured and taught on the subject of 21 judgments on their behalf, final judgments on
22 inverse condemnation and eminent domain? 22 claims for inverse condemnation against local and
23 A. Yes. For a number of years I've been an 23 state agencies within the State of Florida?
24 adjunct professor at Stetson Law School and have 24 A. Yes.
25 lectured for the ABA and the Florida Bar on the 25 Q. Have you obtained recovered judgments on

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Page 81 Page 83
1 behalf of your clients since 1991 again, sounding 1 of how the judgment obtained in that case
2 in inverse condemnation on behalf of clients of 2 satisfied -- I think I can really cut to the
3 your firm, against the State of Florida or any of 3 chase without asking him too much background.
4 its agencies? 4 THE COURT: Go ahead, sir.
5 A. Yes. Direct inverse condemnation claims 5 BY MR. GILBERT:
6 as well as counterclaims in inverse condemnation we 6 Q. Without going into detail about the
7 brought in a regular eminent domain action. 7 background of this case, was it an inverse
8 Q. Could you estimate for the Court, 8 condemnation case?
9 Mr. Moore, the approximate number of cases or 9 A. Yes.
10 clients since 1991 where you have recovered 10 Q. Did you recover a judgment on behalf of
11 judgments, either direct cases or counterclaims, 11 your client Nello's of Sarasota against the state
12 judgments sounding in inverse condemnation on 12 D.O.T.?
13 behalf of your clients against the state or any of 13 A. Yes.
14 its agencies? 14 Q. Was the judgment paid by the state D.O.T.?
15 A. Probably over a dozen. I've collected a 15 A. Yes.
16 few for you and I gave them to you and Mr. Parsons, 16 Q. Was there any delay that you recall in the
17 but since that time I've located some others, but I 17 state D.O.T.'s payment of that judgment?
18 would say 12 to 15. 18 A. No.
19 Q. Before we talk about those cases in a 19 Q. Did the state D.O.T. ever delay payment of
20 little bit more detail, have you, prior to learning 20 that judgment based on its claimed need to obtain a
21 about the issue at play in this case today, in this 21 legislative appropriation?
22 proceeding today, have you in the course of your 22 A. No. There have been delays, other than
23 career representing clients suing the state or any 23 Nello's, a matter of weeks or few days, but that's
24 of its agencies in inverse condemnation and 24 just a matter of procedure, but it's not been based
25 recovering judgments, have you ever encountered a 25 on that.

Page 82 Page 84
1 situation where the State of Florida or any of its 1 Q. So were the judgment or judgments based on
2 agencies have invoked Section 11.066, Subsection 3 2 inverse condemnation that you recovered for Nello's
3 or 4, in connection with any of those matters that 3 of Sarasota paid in full?
4 you've handled? 4 A. Oh, yes.
5 A. No, never. 5 Q. How about the case of Dick Lee as trustee
6 Q. Have you ever encountered a situation 6 versus the state Department of Transportation; was
7 during the course of your career since 1991 when 7 that another one of the inverse cases that you
8 the State of Florida or any of its agencies has 8 recovered a judgment on behalf of your client?
9 failed or refused to pay and satisfy a judgment 9 A. Yes.
10 obtained on behalf of one of your -- any of your 10 MR. PARSONS: Relevance, unduly
11 clients in inverse condemnation by invoking Section 11 cumulative.
12 11.066, Subsection 3 or 4? 12 THE COURT: Overruled.
13 A. No, never. 13 BY MR. GILBERT:
14 Q. Was one of the inverse cases or inverse 14 Q. By the way, was the Nello's case a case
15 judgments that you recovered on behalf of a client, 15 that took place sometime since 2000?
16 a case called Nello's, N-E-L-L-O'S, Nello's of 16 A. If you'll let me confer here, I can tell
17 Sarasota versus the Florida Department of 17 you.
18 Transportation? 18 That was 2002 case.
19 A. Yes. 19 Q. The Dick Lee case, was that a case, an
20 Q. Can you tell us briefly about that case 20 inverse case sometime subsequent to year 2000?
21 and what it involved? 21 A. Yes. It was a 2010 case.
22 MR. PARSONS: Objection, relevance. 22 Q. And did you recover an inverse judgment or
23 Foundation. 23 judgments on behalf of your client in that case
24 THE COURT: Response. 24 against the state D.O.T.?
25 MR. GILBERT: The relevance is the manner 25 A. Yes, we did.

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1 Q. Were the judgments paid? 1 Q. Was there any delay in payment of that
2 A. Yes, the judgments and then of course all 2 judgment based on an indication that the water
3 the fees and costs. 3 management district needed to go to the legislature
4 Q. And did the D.O.T. ever delay payment 4 to obtain a special appropriation to pay the
5 based on the expressed need to obtain a legislative 5 judgment?
6 appropriation to pay the judgments? 6 A. No. There was a delay between the initial
7 A. No. 7 settlement talks about the fee after the trial on
8 Q. How about the case of State D.O.T. versus 8 liability, and then the ultimate settlement
9 Profundo, P-R-O-F-U-N-D-O; is that a case where you 9 agreement. I'm not sure what that's -- just
10 recovered an inverse judgment by way of a 10 recalling back, I'm not sure what that delay was
11 counterclaim against the state D.O.T.? 11 about. It was a few months. But then after that,
12 A. Yes. That was an eminent domain action in 12 as soon as it was settled, then it was paid without
13 Hillsborough. And we counterclaimed, had a 13 delay.
14 separate trial on that and we recovered a judgment. 14 Q. Was Section 11.066, Subsection 3 or 4, or
15 Q. Is that a case that was filed sometime in 15 any other portion of Subsection 11.066 ever
16 1997 or later? 16 asserted by the South Florida Water Management
17 A. It was a 1997 case. 17 District in connection with payment of the judgment
18 Q. And was the judgment that you recovered on 18 or judgments you obtained on behalf of the Coronas?
19 behalf of your client, Profundo, a judgment based 19 A. No.
20 on inverse condemnation? 20 Q. How about the case you brought on behalf
21 A. Yes. 21 of clients Otis Clemons, Gene Fulford and Peggy
22 Q. And did you get awarded full compensation 22 Fulford; do you recall that case?
23 for a taking to your client, Profundo? 23 A. I do.
24 A. Yes. 24 Q. Is that a case that you brought in the
25 Q. Was the judgment paid in full? 25 19th Judicial Circuit in and for Okeechobee County,

Page 86 Page 88
1 A. Yes. 1 Florida?
2 Q. Was there any delay in payment, 2 A. Yes.
3 satisfaction of that judgment and any associated 3 Q. And was that case brought sometime on or
4 fees judgment based on a claimed need for a 4 after 2000?
5 legislative appropriation by the state D.O.T.? 5 A. Yes.
6 A. No. 6 Q. Did you recover inverse condemnation
7 Q. What about the case of Corona, C-R-O-O-N-A 7 judgments on behalf of your clients in that case?
8 (sic) versus South Florida Water Management 8 A. We did.
9 District; is that another one of the cases where 9 Q. And were those judgments recovered
10 you obtained an inverse judgment on behalf of your 10 following a trial to determine the taking?
11 client? 11 A. Yes.
12 A. Yes. 12 Q. And following the trial that determined
13 Q. And was that a case that was filed 13 that the taking had, in fact, occurred, were there
14 sometime in 2000 or thereafter? 14 mediated settlement agreements reached regarding
15 A. Yes. 15 the amount of compensation -- the amount of whole
16 Q. In Okeechobee County Circuit Court? 16 compensation to be awarded?
17 A. Yes. 17 A. Ultimately, yes.
18 Q. Did you recover a judgment on behalf of 18 Q. And stipulated final judgments were
19 Mr. and Mrs. Corona against the water management 19 entered on behalf of your clients in those inverse
20 district? 20 condemnation proceedings?
21 A. Yes. 21 A. That's correct.
22 Q. In inverse condemnation? 22 Q. Were those stipulated final judgments paid
23 A. Yes. 23 in due course by the state agency?
24 Q. Was the judgment paid in whole? 24 A. By the South Florida Water Management
25 A. Yes, it was. 25 District, yes.

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 23 (Pages 89 to 92)
Page 89 Page 91
1 Q. And did the South Florida Water Management 1 paid.
2 District ever raise or invoke Section 11.066, 2 Q. In the course of your career of
3 Subsection 3 or 4, as requiring a special 3 specializing in inverse condemnation, principally,
4 appropriation to pay those judgments? 4 and eminent domain for the past 40 years since you
5 A. No, sir. 5 went into private practice, and in particular since
6 Q. Was there any delay in obtaining payment 6 1991, have you ever encountered a situation,
7 on those judgments following entry of the 7 yourself, or heard of a situation outside of this
8 stipulated final judgments? 8 case and the related Broward County case, where the
9 A. No. It followed the same pattern as the 9 South of Florida or state agency has invoked
10 Corona case, but after we settled it, then there 10 Section 11.066, Subsection 3 or 4, as a bar or as a
11 was no delay. 11 manner of delay in paying final judgments sounding
12 Q. How about the case of Clemons, Otis 12 in inverse condemnation?
13 Clemons, Deborah Clemons, Todd Clemons and Tina 13 A. I went back and looked, because this case
14 Clemons versus the South Florida Water Management 14 is unique. I've never had that or heard of it.
15 District; is that another one of the cases that you 15 Q. What would it mean to your practice if
16 handled, inverse condemnation cases that you 16 every time you handled an inverse condemnation case
17 handled on behalf of clients? 17 on behalf of your client and recovered a judgment,
18 A. Yes. It was the same family as the other 18 if the State of Florida or the state agency that
19 one but it was a separate lawsuit, separate 19 was named in that lawsuit invoked Section 11.066, 3
20 property. 20 or 4 as a bar or manner of delay for payment of
21 Q. And were final judgments recovered on 21 those judgments?
22 behalf of the Clemonses in the separate lawsuit 22 MR. PARSONS: Relevance.
23 similar to the one that you just described for the 23 THE COURT: Overruled.
24 Otis Clemons and Gene Fulford case? 24 THE WITNESS: Well, it would mean delay.
25 A. Yes. 25 It would mean we probably would be spending a

Page 90 Page 92
1 Q. Following a trial on taking? 1 lot of time in Federal Court, because we would
2 A. That's correct. 2 exercise the U.S. constitutional provision as
3 Q. Were the judgments entered in the second 3 well as the state, but it would be a real bar,
4 Clemons case paid in due course by the South 4 a real inhibition to the full recovery the
5 Florida Water Management District? 5 landowner is entitled to.
6 A. Yes. 6 MR. GILBERT: Thank you. I have nothing
7 Q. Was Section 11.066, sub 3 or 4, invoked by 7 further.
8 the water management district as requiring a 8 THE COURT: Thank you, sir.
9 special appropriation by the legislature? 9 Any questions?
10 A. No. 10 MR. PARSONS: Yes, sir.
11 Q. Has any state -- you've handled, in 11 CROSS EXAMINATION
12 addition to inverse cases, hundreds of direct 12 BY MR. PARSONS:
13 eminent domain condemnation cases as well? 13 Q. Good morning, Mr. Moore.
14 A. That's correct. 14 A. Good morning.
15 Q. Has any state agency that you've opposed 15 Q. How are you today?
16 in any of the direct condemnation cases ever 16 A. I'm well. Thank you.
17 invoked Section 11.066, Subsection 3 or 4, as a 17 Q. You're co-counsel with Mr. Gilbert?
18 basis for delaying or avoiding payment of the 18 A. Yes.
19 condemnation judgments that have been entered 19 Q. You're co-counsel with Mr. Williams?
20 awarding full compensation to your clients? 20 A. Yes.
21 A. No. There have been complaints that the 21 Q. And you're co-counsel with Mr. Gilbert and
22 amount was over what they had budgeted, that they 22 Mr. Williams in the Gary Mahon case pending in
23 didn't want to pay because it was over what they 23 Orange County?
24 had assumed for the right-of-way cost because they 24 A. Yes.
25 can't always anticipate damages, but they always 25 Q. You're co-counsel with these gentlemen to

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 24 (Pages 93 to 96)
Page 93 Page 95
1 my right in the John Mahon case pending in Lake 1 state of exposed, infected or healthy citrus trees?
2 County? 2 A. In the D.O.T. cases?
3 A. Yes. They're brothers. Yes. 3 Q. In any of the hundreds of cases in which
4 Q. Gary and John are two brothers who are 4 you defended eminent domain cases.
5 citrus growers in Central Florida, sir? 5 A. That's correct.
6 A. Commercial nursery growers, I believe, 6 Q. Did you ever read the ContractPoint case
7 yes. 7 from the Florida Supreme Court?
8 Q. You have a financial interest in the Gary 8 A. Yes, sir.
9 Mahon and the John Mahon cases; do you not, sir? 9 Q. Would you agree with me that the Florida
10 A. Yes. 10 Supreme Court was called upon to interpret Section
11 Q. Mr. Williams also has a financial interest 11 11.066 in ContractPoint?
12 in those two cases; does he not? 12 A. Yes.
13 A. I believe so. 13 Q. And the method by which the Florida
14 Q. And Mr. Gilbert also has a financial 14 Supreme Court interpreted 11.066 was to go and look
15 interest in those two cases? 15 at the legislative history. Would that be true?
16 A. Insofar as they're lawyers, yes. 16 A. That's one thing that the Court did, yes.
17 Q. All three of you have a joint financial 17 Q. A very important thing; was it not?
18 interest in the Gary Mahon case and the John Mahon 18 A. It was.
19 case? 19 Q. And when the Florida Supreme Court looked
20 A. Yes, sir. 20 to the legislative history of 11.066, the Court
21 Q. Mr. Moore, you talked about 12 to 15 cases 21 found that an impetus for the passage of the
22 where you've received final judgments as an 22 statute was the presence of judgments in citrus
23 attorney in inverse, since 1991. Did I hear that 23 canker inverse condemnation actions against the
24 correctly? 24 Department of Agriculture?
25 A. Yes, sir. 25 A. Yes. My understanding of the analysis

Page 94 Page 96
1 Q. And in those 12 to 15 cases, am I correct 1 was, first in the language, and then whether it
2 that none of those involved an alleged taking of 2 dealt with public benefit or public harm, and got
3 diseased citrus trees? 3 into contract law where the government is acting as
4 A. Diseased citrus trees? 4 a proprietary or essentially in a private capacity
5 Q. Yes, sir. 5 in entering into a contract. And so in instances
6 A. That's correct. 6 where that's the case, I think the Court found that
7 Q. None of those cases were a taking of 7 the statute did not apply, just as it would not if
8 exposed, canker-exposed citrus trees involved? 8 there were sovereign immunity such as a case like
9 A. You mean healthy trees but exposed? 9 that.
10 Q. Yes, sir. 10 Q. The Court found that the statute didn't
11 A. That's correct. 11 apply to a breach of contract action; correct?
12 Q. In none of those cases was a taking of 12 A. That's correct, based on that analysis.
13 healthy non-infected, non-exposed citrus trees 13 Q. And the reason it didn't apply to a breach
14 involved? 14 of contract action, the Court found, was because it
15 A. No. The law as I understand is different 15 did apply to actions for enforcement of citrus
16 between whether it's infected or whether it's 16 canker judgments; is that a fair statement?
17 healthy or exposed, so that's correct. 17 A. I would say that was not a holding; I
18 Q. You also mentioned hundreds of cases in 18 would say that was part of their discussion, yes.
19 which you prosecuted eminent domain cases against 19 Q. So logically, if you have not either
20 the State of Florida. Did I hear that correctly, 20 defended an eminent domain or prosecuted an inverse
21 sir? 21 condemnation, a case involving a taking of
22 A. I believe you would be defending eminent 22 canker-infected or canker-exposed citrus trees,
23 domain cases, but, yes, sir. 23 logically you would not expect a state agency to
24 Q. When defending in eminent domain cases, in 24 have ever raised Section 11.066 based upon what the
25 no single case was there an alleged taking by the 25 Florida Supreme Court said in ContractPoint?

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 25 (Pages 97 to 100)
Page 97 Page 99
1 A. I'm not sure if that's the only -- no, I 1 source of the payment made by the state agency; are
2 don't think that's correct, because I don't think 2 you, sir?
3 that's the only instance. If you look at the 3 A. Only generally. I know that it was public
4 language of the statute, it's not tailored simply 4 funds, a state agency, and they had a judgment that
5 to those situations. The language of the statute 5 required them to pay and they paid.
6 as I understand it deals with, first, whether 6 Q. You're not saying that there was a source
7 there's a presumption of a public harm. And then 7 of public funds outside of an appropriation made by
8 it goes into Subsections 3 and 4 that you've 8 law to the state agency; are you, Mr. Moore?
9 discussed. And as you know, the Florida Supreme 9 A. No. I think that's the procedure that the
10 Court has said when there's healthy trees or 10 state agency would go through to get it and, when
11 exposed trees that are healthy, that's for a public 11 faced with a judgment requiring payment, they
12 benefit, the citrus canker program, not for a 12 always did.
13 public harm. So there's two different things. So 13 Q. They always did get an appropriation?
14 that's the distinction, I believe. 14 A. They always got payment from some -- some
15 Other than that, I don't think 11.066 is 15 form through the state.
16 specifically tailored to one type of an action. In 16 MR. PARSONS: That's all I have. Thank
17 fact, it's broad enough that it could be raised in 17 you, sir.
18 every case. 18 MR. GILBERT: Just a couple follow-up.
19 Q. You acknowledge the Florida Supreme 19 REDIRECT EXAMINATION
20 Court's view is that 11.066 does not apply in 20 BY MR. GILBERT:
21 breach of contract actions? 21 Q. You mentioned something in response to
22 A. Yes, because the government is acting in a 22 Mr. Parsons' questions about sovereign immunity.
23 proprietary or private capacity and not a 23 Has sovereign immunity been invoked by any
24 governmental capacity. When it's acting in a 24 of the state agencies in the inverse condominium
25 governmental capacity such as Department of 25 cases that we covered a few moments ago starting

Page 98 Page 100

1 Agriculture or Department of Transportation, then 1 with Nello's of Sarasota through the Otis Jeffrey
2 sovereign immunity would apply unless it's a tort 2 Clemons case?
3 action, and then of course the statute would not be 3 A. Not in the Department of Transportation
4 effective. 4 cases. The water management district made a run at
5 Q. You weren't surprised in any of these many 5 that. They made an effort initially, and the Court
6 cases when the state agency did not raise Section 6 did not follow that train of thought and ruled
7 11.066, were you, Mr. Moore? 7 against them on that.
8 A. Would you repeat the question, please. 8 So in terms of the payment after the
9 Q. In the 12 to 15 inverse cases and in the 9 judgment, absolutely not. But initially there was
10 hundreds of eminent domain cases, you were not 10 an attempt to make those arguments by the district,
11 surprised, were you, sir, when the state agencies 11 which was rejected.
12 didn't raise Section 11.066? 12 Q. Are you aware of any case in the State of
13 A. I don't believe the issue came up, because 13 Florida involving inverse condemnation or eminent
14 no one had ever raised it. So it wasn't a matter 14 domain since State v. Tharp where the state agency
15 of being surprised at the lack of raising, being 15 involved in a taking matter has avoided payment of
16 raised or not. It simply didn't occur. 16 the takings judgment based on the doctrine of
17 Q. Mr. Moore, you were asked by Mr. Gilbert 17 sovereign immunity?
18 about a number of lawsuits where you recovered 18 MR. PARSONS: Objection, outside the
19 judgments for your clients and you were paid by a 19 scope. I never used the word "sovereign
20 state agency, starting with Nello's and ending with 20 immunity" in my cross examination.
21 Otis Clemons. 21 THE COURT: Overruled. The issue did come
22 Your testimony today is that you and your 22 up.
23 clients got paid in those cases; correct, sir? 23 MR. GILBERT: The witness answered.
24 A. That's my testimony, yes, sir. 24 THE WITNESS: Tharp is, believe it or not,
25 Q. You're not testifying that you know the 25 before my time. It's the early '40s. But I

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 26 (Pages 101 to 104)
Page 101 Page 103
1 believe that was the lead case that determined 1 practiced as an insurance defense lawyer in Miami,
2 that the state agency could not raise 2 and that was for a short period of time. And then
3 sovereign immunity in an inverse case. And 3 I was hired by the same guy that hired Bill Moore,
4 from that time on, however long that's been, 4 and we both practiced together in the eminent
5 that has not been an available defense for an 5 domain arena. I had formed my own firm in 2000,
6 inverse taking. 6 and, in Tampa, and I've practiced in that firm in
7 MR. GILBERT: Thank you. I have nothing 7 Tampa since the year 2000 as part of that firm.
8 further. 8 Q. Has all or substantially all of your
9 THE COURT: Thank you, sir. 9 practice over the past almost 40 years, I guess,
10 Anything else? 10 since you went to work for the Brigham Moore firm,
11 MR. PARSONS: No, sir. 11 been devoted to the areas of eminent domain and
12 THE COURT: You may step down. 12 inverse condemnation?
13 Is he free to go or do you plan on 13 A. Yes, it has.
14 recalling him? 14 Q. Would you generally refer to that as
15 MR. GILBERT: I do not plan on recalling 15 takings law?
16 Mr. Moore. 16 A. Takings law.
17 THE COURT: Is he free to go on your end, 17 Q. And is that still true today; is all or
18 Mr. Parsons? 18 substantially all of your practice devoted to
19 MR. PARSONS: Yes, sir. 19 takings law?
20 THE COURT: Your next witness. 20 A. That's correct.
21 MR. GILBERT: Petitioners call Cary 21 Q. Have you served in various capacities
22 Gaylord. 22 within the Florida Bar and other organizations
23 23 related to your practice area?
24 24 A. I have served in various different
25 25 capacities, some in my practice area, some outside

Page 102 Page 104

1 Thereupon-- 1 my practice area, so...
2 CARY GAYLORD 2 Q. Give us a brief overview of that.
3 was called as a witness by the Plaintiffs and, 3 A. Well, I've been on a grievance committee
4 having been first duly sworn, testified as follows: 4 in Hillsborough County for four years. I was on
5 DIRECT EXAMINATION 5 the judicial nominating commission for 12 years.
6 BY MR. GILBERT: 6 I've been chairman of the eminent domain committee
7 Q. Good morning, sir. 7 of the Florida Bar back in the '80s, and I think
8 A. Good morning. 8 that's probably it.
9 Q. Would you please introduce yourself to the 9 Q. Mr. Gaylord, why are you here?
10 Court. 10 A. Well, I'm here because you -- I met you
11 A. Your Honor, I'm Cary Gaylord, and my 11 back in, gosh, I don't know how long ago, ten --
12 practice is in Tampa. 12 ten years ago in an eminent domain seminar, and I
13 Q. Mr. Gaylord, please provide the Court with 13 was very concerned about the things that you told
14 a short biographical background of your education 14 me about. And when you called and asked if I had
15 and your training leading up to becoming an 15 had any experience with this, I thought that I
16 attorney. 16 could hardly not come at your request.
17 A. Well, I graduated from West Point in 1969. 17 Q. Have you and I worked on any cases, or
18 I spent several years in Germany as an infantry 18 have we worked in the past or are we working at the
19 platoon leader and an aide for a general officer, 19 current time on any cases together as co-counsel?
20 and the Army then sent me to law school in 1971, 20 A. No. The only contact I have had with you
21 and I graduated in '74. I went back in the Army. 21 is meeting you at the eminent domain committee
22 I was on active duty the whole time, and I served 22 meeting and then having dinner with you.
23 as a JAG officer and prosecuted court-martials in 23 Q. And have you ever worked before or are you
24 various different locations, including Korea. 24 currently working with Mr. Williams on any cases?
25 And then I left the Army in 1977. I 25 A. I am not.

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 27 (Pages 105 to 108)
Page 105 Page 107
1 Q. You heard the areas of inquiry that I 1 A. No, I've never had any agency attempt to
2 covered with Mr. Moore. Let me just dive right in 2 invoke that process.
3 with you. 3 Q. Has any state agency or the State of
4 Have you, in the course of your 4 Florida, itself, against whom you or your firm have
5 professional career, represented clients where you 5 recovered inverse condemnation judgments, ever
6 recovered judgments on their behalf, sounding in 6 delayed payment by advising you that a specific
7 inverse condemnation? 7 appropriation must be sought from the legislature
8 A. Yes, I have. 8 to pay the judgment?
9 Q. Have some of those cases and consequently 9 A. No. That's never been suggested.
10 some of those inverse condemnation judgments been 10 Q. Has any state agency or the State of
11 recovered against the State of Florida or state 11 Florida against whom you or your firm has recovered
12 agencies? 12 an inverse condemnation judgment ever advised you
13 A. Yes, they have. 13 that it is up to you or your clients to seek a
14 Q. And have some of those inverse 14 specific appropriation to pay the judgments they
15 condemnation judgments that you recovered on behalf 15 hold from the state legislature?
16 of your clients against the State of Florida or 16 MR. PARSONS: Hearsay.
17 state agencies been entered on or after 1991? 17 THE COURT: Overruled.
18 A. Yes, they have. 18 THE WITNESS: No.
19 Q. In the course of dealing with those 19 BY MR. GILBERT:
20 particular matters, has the State of Florida or any 20 Q. Do you understand from the testimony
21 of the state agencies involved as a judgment debtor 21 you've heard this morning, and the information that
22 in those inverse condemnation cases ever invoked 22 you read in preparation for coming here to court to
23 Section 11.066 as a bar or delay in paying and 23 testify, that the Florida Department of Agriculture
24 satisfying those judgments? 24 and Consumer Services is asserting that Section
25 A. No. That section has never been invoked. 25 11.066, Subsections 3 and 4, preclude payment of

Page 106 Page 108

1 Q. Has that section ever been invoked by any 1 the takings judgments in this case absent a
2 other party in any litigation in which you have 2 specific appropriation?
3 been involved? 3 A. Yes, I've been aware of that by virtue of
4 A. No. 4 reading opinions, talking to you, and not only what
5 Q. Has it ever been invoked in any litigation 5 I've heard this morning.
6 in which any member of your firm has been involved, 6 Q. And what's your view of that?
7 to your knowledge? 7 MR. PARSONS: Objection, Your Honor. I
8 A. No. And if it had been, I would know 8 believe an expert opinion on the state of the
9 about it. 9 law is being elicited by Mr. Gilbert from
10 Q. Has the State of Florida or any of the 10 Mr. Gaylord, and that is not allowed under the
11 state agencies against whom you've recovered 11 holding of TJR Holding versus Alachua County,
12 inverse condemnation judgments ever told you or 12 617 So. 2d 798, First District, 1993, which
13 advised you that your clients must seek a claims 13 provides that an expert witness cannot intrude
14 bill in order to be paid on your judgments? 14 into the exclusive province of the Court to
15 A. No. 15 determine the meaning of law, in particular a
16 Q. Why not? 16 statute or an ordinance.
17 MR. PARSONS: Objection, foundation. 17 THE COURT: Response.
18 THE COURT: Sustained. 18 MR. GILBERT: Your Honor, under 702.1, an
19 BY MR. GILBERT: 19 expert can testify in the form of an opinion,
20 Q. I'll rephrase the question. 20 express an opinion on matters in which the
21 Have you ever had an experience, a 21 witness' expertise when the opinion is based
22 situation occur, yourself or within your firm, 22 on facts of which the expert personally knows
23 where a takings judgment recovered against the 23 or in response to a hypothetical question or
24 State of Florida or state agency was required to be 24 in response to facts disclosed to the expert
25 paid or satisfied through the claims bill process? 25 at or during the trial or hearing.

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Page 109
1 The four- prong test, as the Court well
2 knows, for admissibility of such an opinion
3 is, one, the opinion evidence must be helpful
4 to the trier of fact; two, the witness must be
5 qualified; three, the opinion evidence must be
6 applied to evidence offered at trial; and
7 four, the evidence, although technically
8 relevant, must not present a substantial
9 danger of unfair prejudice that outweighs its
10 probative value.
11 If the Court believes that Mr. Gaylord's
12 view on this subject would be helpful to
13 assist it on this issue, the question is
14 permissible. If the Court doesn't believe
15 that it would be helpful to the Court in
16 deciding this matter, then the Court should
17 sustain the question.
18 MR. PARSONS: May I approach with a copy
19 of the case?
20 THE COURT: Yes.
21 MR. GILBERT: Now that I see the case, I
22 actually have an additional basis for why the
23 opinion testimony, Mr. Gaylord's view should
24 be permitted.
25 That is in the last bracketed language
Page 110
1 that Mr. Parsons provided to us, it speaks to
2 the fact that, and I'm quoting here, such
3 expert testimony is not even appropriate when
4 the statutory language in question consists of
5 ordinary words susceptible to being given
6 plain effect consistent with their ordinary
7 meaning, period, end quote.
8 Mr. Parsons is arguing that the
9 legislative history is critical to informing
10 this Court's ultimate decision here. By
11 arguing that legislative history is critical
12 to informing this Court's view, he is
13 suggesting that the ordinary words in the
14 statute themselves are not clear enough to
15 assist the Court in making this decision.
16 Therefore, Mr. Gaylord's viewpoint opinion on
17 this issue would be of assistance to the Court
18 in making that decision.
19 THE COURT: Anything else?
20 MR. GILBERT: No, Your Honor.
21 MR. PARSONS: Your Honor, the logic of the
22 statute is that Your Honor is the exclusive
23 determiner of the law. You certainly may rely
24 upon legislative history, ordinary meaning and
25 whatever else Your Honor relies on, but you
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28 (Pages 109 to 112)
Page 111
1 cannot rely upon the testimony of an expert
2 witness.
3 THE COURT: Well, I'm going to allow the
4 testimony, however, with the understanding
5 it's merely one person's opinion, which is not
6 binding on me in any form or fashion. So if
7 he says A, B and C and they don't contradict
8 A, B and C, that doesn't mean I have to say
9 it's A, B and C.
10 MR. GILBERT: Do you want Mr. Wolinsky to
11 read back the question to you?
12 THE WITNESS: No, I think I understand it.
13 First of all, Your Honor, I would not
14 presume to intrude on your province in this.
15 I would inherently know better than to do
16 that.
17 I think the perspective I have on this
18 originated with my handling of one of the
19 cases that I think certainly was cited by
20 Mr. Gilbert and perhaps by Mr. Parsons as
21 well, but there's a case called D.O.T. versus
22 Joint Ventures, which is a Florida Supreme
23 Court case. And this case originated when a
24 West Point classmate of mine was secretary of
25 transportation, and they started filing maps
Page 112
1 of reservation, reserving private property for
2 future roadways. And during the late '80s and
3 '90s it was happening all around the state,
4 but particularly prevalent in Hillsborough
5 County and in Orange County. And --
6 THE COURT: Is that the case that dealt
7 with condemnation blight?
8 THE WITNESS: Well, no, sir. Joint
9 Ventures, it can be interpreted that way, but
10 it's predominately with the -- there was a
11 specific statute which reserved right-of-way
12 for future roads. So they would file, the
13 agency would file a plat with the county and
14 say, we're going to build a road here, but we
15 might not build it for 20 years, but we're
16 going to file it on your property, and we're
17 going to reserve that route.
18 Of course it could be right through your
19 property, through your home, and, you know,
20 you can't sell it, you can't do anything with
21 it until the state comes around and takes it.
22 And the state's position was, when we do
23 that, you'll be entitled to compensation, but
24 not until then.
25 So the foundation of that was the

Page 113
1 prevention of a public harm in the sense of
2 cutting costs for the construction of future
3 roads by reserving the right-of-way at the
4 expense of the private owner.
5 So I can remember, and I was sitting and
6 listening to Mr. Parsons today and thinking
7 about a conversation I had with the secretary
8 of transportation. I said, this is patently
9 wrong, and it's unconstitutional. And so I
10 remember his response, he said --
11 MR. PARSONS: Objection, Your Honor.
12 Hearsay.
13 THE COURT: Overruled.
14 THE WITNESS: I've got an army of lawyers
15 here that tells me I can do it. So what am I
16 supposed to do, listen to a West Point
17 classmate who tells me I can't?
18 So obviously we litigated the whole
19 situation, and Joint Ventures was the first
20 decision where the Florida Supreme Court
21 decided that it was unconstitutional, and it
22 was a taking. It was a regulatory taking
23 based upon the exercise of the police power
24 which was founded on prevention of a public
25 harm.
29 (Pages 113 to 116)
Page 115
1 filing eminent domain cases on their own in
2 which we then filed counterclaims for the
3 period of time that the property had been
4 reserved up until the time it was taken, and
5 to recover compensation for the temporary
6 taking during that period of time.
7 So there were really a succession of
8 different kinds of cases that all spun off the
9 Joint Ventures. And so the bottom line is
10 that when you look at the statute, 11 --
11 what's the --
12 BY MR. GILBERT:
13 Q. 11.066.
14 A. Yes. It has never been invoked in that
15 regard. But it had application in every situation
16 after 1991. And if you follow the logic of what
17 the statute is saying, there would be no reason in
18 the future for the State of Florida to ever take
19 right-of-way. They could just go out and build a
20 road on somebody's property and then say, sue us,
21 and then at the end of the time after you get the
22 judgment in eminent domain, or excuse me, the
23 judgment in inverse condemnation, say that we
24 haven't had an appropriation to pay for it, and so,
25 and the logical extension of this is that the power

Page 114 Page 116

1 So as I'm listening to all this, I'm 1 of eminent domain has no meaning going forward,
2 thinking that, back then, I had a series of 2 because government can do what it wants, take what
3 cases, which Mr. Gilbert asked me to research, 3 it wants, and then force the private individual to
4 that were all followed in succession on the 4 sue them, and at the end of the process just say,
5 Joint Ventures decision, because once we 5 well, we don't have an appropriation.
6 got -- the Joint Ventures decision didn't have 6 So the things, the statements that I've
7 anything to do with a limited, future limited 7 heard in court would be an avowment(ph) of a
8 access highway. It was for a pond and the 8 constitutional principle but completely
9 widening of Dale Mabry Highway in Hillsborough 9 unrestraining on government behavior.
10 County. That's the first place it cropped up, 10 MR. GILBERT: Nothing further.
11 but then it started to be used for other 11 THE COURT: Any questions?
12 things after that. 12 CROSS EXAMINATION
13 So anyway, after the Joint Ventures 13 BY MR. PARSONS:
14 decision, we started litigating all these 14 Q. Good morning, Mr. Gaylord.
15 cases in which maps of reservation had been 15 A. Good morning, Mr. Parsons.
16 filed on private property. And so I gave 16 Q. How are you doing today?
17 Mr. Gilbert six examples. 17 A. I'm doing well, thanks. And you?
18 At first I looked for jury trials in which 18 Q. I'm doing fine also. Thank you very much.
19 we got a taking determined by the Court, and 19 The many eminent domain cases in which you
20 then we tried the issue of compensation in 20 recovered a judgment for your clients, is it fair
21 front of a jury. 21 to say that none of them involved a taking of
22 Later on, as that process went on, we 22 citrus trees?
23 began to get summary judgments on the issue of 23 A. That's correct.
24 takings and then the cases were settled. And 24 Q. None of these was a citrus canker case?
25 sooner or later, it pushed the government into 25 A. No.

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 30 (Pages 117 to 120)
Page 117 Page 119
1 MR. PARSONS: That's all I have, sir. 1 read specific pages and lines, we can do it
2 THE COURT: Any follow-up? 2 that way.
3 MR. GILBERT: No, sir. 3 THE COURT: It's all in the record.
4 THE COURT: Do you plan on recalling the 4 MR. GILBERT: It is.
5 witness? 5 THE COURT: I am going to read it. But if
6 MR. GILBERT: No, sir. 6 you're more comfortable doing that, I'm okay
7 THE COURT: Mr. Parsons? 7 with that.
8 MR. PARSONS: No, sir. 8 MR. GILBERT: My preference is not to
9 THE COURT: You're free to go. 9 actually read the testimony verbatim but
10 THE WITNESS: Thank you, sir. 10 simply I have bullet points, if you will.
11 THE COURT: You're welcome to stay, too, 11 THE COURT: Fair enough.
12 if you like. 12 MR. GILBERT: And I can support those
13 Next witness. 13 bullet points by telling the Court where in
14 MR. GILBERT: Your Honor, the only other 14 the transcript you'll find that area covered.
15 witnesses we have are witnesses whose 15 And I agree with Mr. Parsons; to make it
16 deposition testimony has been admitted into 16 easier for you, since you're taking notes,
17 evidence by agreement. Those are -- 17 when I'm done giving my overview, for
18 THE COURT: 39 through 42. 18 example --
19 MR. GILBERT: 39 through 42. I would like 19 THE COURT: Of a particular one, he can
20 an opportunity to summarize some of the 20 respond at the time.
21 critical findings -- some of the critical 21 MR. GILBERT: Of course. That makes
22 testimony from those depositions, and one of 22 perfect sense.
23 them is an affidavit. It would probably be -- 23 THE COURT: Do you have any witnesses
24 I can do it now. It will take us to right 24 you're going to call live today? Are you
25 before the lunch hour or -- 25 going to recall your client?

Page 118 Page 120

1 THE COURT: Why don't we go ahead and 1 MR. PARSONS: Only Mr. Buchanan is a live
2 break now and then you can go through, I'm 2 witness.
3 sure you've already done it, but go through 3 THE COURT: How long do you anticipate
4 your notes and make sure you have everything 4 with him?
5 highlighted you want to emphasize. 5 MR. PARSONS: An hour.
6 MR. GILBERT: Whatever the Court's 6 THE COURT: We have plenty of time left.
7 pleasure. 7 Let's just go ahead and take a lunch break
8 THE COURT: I'll take time when we are 8 now. Your clients need additional time, I
9 done today to read through all of the exhibits 9 suspect, to get in and out through security
10 that you've introduced on both sides, 10 and whatnot.
11 including those depositions. 11 MR. GILBERT: They'll probably stay in the
12 MR. PARSONS: It might make sense if we're 12 courthouse.
13 going to, since Mr. Gilbert is going to talk 13 THE COURT: The cafe on the second floor
14 about the depositions, to go out of order and 14 is okay, but I want to give them a little
15 allow me to put in my two cents' worth at the 15 extra time if they do want to leave. Let's
16 same time so we can just keep those in mind, 16 just go ahead and say everyone be back here at
17 as if we were examining and cross examining 17 ten after 1:00 at the absolute latest.
18 the witnesses. 18 MR. GILBERT: Would it be possible for me
19 THE COURT: Was that your intention, you 19 to work in the courtroom?
20 were going to read specific page, line? 20 (Discussion was held off the record.)
21 MR. GILBERT: I'm not even going to read 21 THE COURT: We stand in recess.
22 it verbatim. What I would do is give 22 (Thereupon a luncheon recess was taken,
23 highlights and I'll tell you where in the 23 after which the following proceedings were
24 deposition, what pages the subject matter can 24 had:)
25 be found it in. But if you prefer that we 25 THE COURT: Back on the record.

Choice - United

Page 121
1 MR. GILBERT: Yes, Your Honor. We were,
2 just before we came back on the record, we
3 were moving in by agreement a number of
4 additional exhibits. Just for the record so
5 that it's clear, we've moved in by agreement
6 the additional -- the following additional
7 Petitioners' exhibits into evidence: Six,
8 Seven, Eight, Nine, Ten, 11, 19, 24, 25, 31,
9 32, and 33, in addition to those that we moved
10 in this morning.
11 (Thereupon documents were marked
12 Petitioner's Exhibit 6, 7, 8, 9, 10, 11, 19,
13 24, 25, 31, 32, and 33 in evidence in the
14 proceedings).
15 MR. GILBERT: And we had started to move
16 in the Respondent's exhibits by agreement.
17 And if Mr. Parsons wants to put those on the
18 record now so that we can just have it in one
19 place.
20 MR. PARSONS: Sure. We're moving in
21 Defendant's Number 1, 2, 3, 4, 5, 8,
22 19 -- going out of order now.
23 MR. GILBERT: No, not 19... not 19...
24 MR. PARSONS: I'm sorry. Strike 19. Ten,
25 11, 14, and 15.
Page 122
1 MR. GILBERT: Agreed.
2 (Thereupon documents were marked
3 Defendants Exhibits 1, 2, 3, 4, 5, 8,10, 11,
4 14, and 15 in evidence in the proceedings)
5 THE COURT: So those are all admitted.
6 MR. GILBERT: Yes. And one other quasi-
7 documentary thing before we go on. Your
8 Honor, we filed, and I haven't had a chance to
9 ask Mr. Parsons whether he has any objection
10 to it, I don't believe he will, we filed
11 yesterday a Petitioners' Amended Request For
12 Judicial Notice, filed yesterday afternoon.
13 The one that was filed a couple hours earlier
14 was missing a couple documents. And it asked
15 the Court to take judicial notice of several
16 of the documents on our exhibit list to which
17 objection to admissibility was raised. And
18 specifically the documents that it asked the
19 Court to take judicial notice of are this
20 Court's order on Plaintiffs' liability claims
21 and defenses.
22 THE COURT: If you filed yesterday, it
23 won't show up unless she unlocks it. It's
24 like a five-day lag and then they backdate it.
25 (Discussion held off the record.)
Choice - United
31 (Pages 121 to 124)
Page 123
1 MR. GILBERT: Judge, I apologize. I would
2 hand you a paper copy of it, but it was done
3 yesterday after I started to drive over so I
4 don't have it.
5 THE COURT: She's getting it. Just hold
6 on a moment.
7 MR. GILBERT: Do you mind if I look at my
8 phone so I can recite something from it?
9 THE COURT: Absolutely.
10 Okay. I have it.
11 MR. GILBERT: Thank you. And this is, to
12 be clear, the amended request for judicial
13 notice.
14 THE COURT: I've got Petitioners' Request
15 For Judicial Notice of Orders and Final
16 Judgments in this case, and it was filed with
17 the clerk at 11:30 yesterday morning. So
18 there was another version?
19 MR. GILBERT: Yes, at 1:16 yesterday
20 afternoon.
21 THE CLERK: If it's the one she just
22 accepted, it's going to take about 15 minutes.
23 MR. GILBERT: I can point out to the Court
24 what's different about them.
25 THE COURT: Fair enough.
Page 124
1 MR. GILBERT: Your Honor, Petitioners
2 filed initially the request for judicial
3 notice that you just referenced. And then
4 about two hours later we filed an amended
5 request for judicial notice of orders and
6 final judgments in this case and court records
7 in the related Broward County case. The two
8 documents are identical with the exception of
9 the last two documents that are identified on
10 the amended notice. And so I'll identify
11 those for the Court in just a moment.
12 Those two additional documents are Number
13 7, and these two come from the Broward case,
14 Plaintiffs' and Class Counsel's Motion For
15 Relief From Sections 11.066, 3 and 4, or, In
16 the Alternative, To Declare Sections 11.066, 3
17 and 4, Unconstitutional As Applied, filed
18 June 14th -- I'm sorry, June 12, 2014, in the
19 Bogorff matter in Broward Circuit Court. That
20 was Exhibit G to the amended request.
21 And Number 8, Plaintiffs and Class
22 Counsel's Reply in Support of Motion For
23 Relief From Sections 11.066, et cetera, filed
24 October 30, 2014, in Bogorff in the Broward
25 Circuit Court action. And that's Exhibit H to

Page 125
1 the amended notice.
2 THE COURT: Okay.
3 MR. GILBERT: And here is our request.
4 Obviously, Florida Rule of Evidence Section
5 90.202, Subsection 6, allows the Court to take
6 judicial notice of, quote, records of any
7 court of this state or of any court of record
8 of the United States or of any state,
9 territory or jurisdiction of the United
10 States. There's no dispute that all of the
11 documents that are listed on our amended
12 request for judicial notice are court records.
13 THE COURT: You've attached appropriate
14 copies.
15 MR. GILBERT: We did. And they all bear
16 the official clerk stamps on all of the
17 copies. So that element is satisfied.
18 The reason we've asked the Court to take
19 judicial notice of these is because with
20 respect to most of them, the Department and
21 Commissioner Putnam have objected to their
22 admission into evidence as substantive
23 evidence.
24 Specifically, the Department objects to
25 the admission into evidence of this Court's
Page 126
1 order on Plaintiffs' liability claims and
2 defenses. It objects to the admission into
3 evidence of this Court's order determining
4 entitlement to an amount of attorneys' fees,
5 both of which were entered before the
6 appellate review of the underlying final
7 judgment.
8 The three final judgments have already
9 been admitted into evidence so it's not as
10 critical that judicial notice be taken of them
11 because they're in evidence.
12 We also ask for the Court to take judicial
13 notice of this Court's alternative Writ of
14 Mandamus that was issued on June 28, 2017.
15 They object to that document being admitted
16 into evidence.
17 And the last two documents are two filings
18 from the 2014 proceedings in the Broward
19 County case. And the reason -- and they have
20 attached to them, besides the legal memoranda,
21 the original motion and our reply memo, they
22 have attached to those documents, in part, the
23 affidavits of two members of the Florida
24 legislature at that time, House Representative
25 Jose "Pepe" Diaz and Florida State Senator
Choice - United
32 (Pages 125 to 128)
Page 127
1 Anitere Flores. They are attached, the
2 affidavits of Senator Flores and
3 Representative Diaz are attached to the
4 motion, and attached to our reply is the
5 affidavit of former state Senator J. Alex
6 Villalobos.
7 And the reason for their submission and
8 the request for the Court to take judicial
9 notice is that the Respondents, in their
10 defense today, are going to seek to offer
11 evidence regarding the 2014 proceedings where
12 we sought an appropriation by the legislature,
13 which was unsuccessful, and that ensued with
14 the Broward Circuit Court proceedings and then
15 the Bogorff opinion, which the Court is
16 familiar with.
17 And in order to make sure that this Court
18 has a complete picture of what the Bogorff
19 Court was referring to in its opinion, we
20 believe that the Court should take judicial
21 notice of these two documents, including the
22 affidavits that are attached. We're not
23 asking that you accept them in as substantive
24 evidence, but it would be unbalanced and
25 unfair for the Department to put on testimony
Page 128
1 through Mr. Buchanan this afternoon regarding
2 what he observed and his observations and his
3 conclusions that he drew from those 2014
4 proceedings, without having the benefit of the
5 other side of that equation in the form of
6 judicial notice which then resulted in the
7 Bogorff opinion later on.
8 So, that's why we are asking the Court to
9 take judicial notice of those court records;
10 not only from this proceeding, but from the
11 related Broward proceeding.
12 We satisfy all the other requirements of
13 Florida Rule of Evidence 2 -- 202 and 203.
14 Timely notice has been given. The Department
15 has been given timely notice about this.
16 They're aware of our request to have these
17 affidavits considered. They were part and
18 parcel of our original exhibit list. This
19 doesn't come as a surprise to them. And all
20 of the other requirements of Section 202 and
21 Section 203 are satisfied and we would,
22 therefore, request that the Court take
23 judicial notice of these documents; not admit
24 them into evidence, but take judicial notice
25 of them.

Page 129
1 THE COURT: For context as opposed to
2 substantive evidence.
3 MR. GILBERT: That's correct, Your Honor.
4 THE COURT: Response.
5 MR. PARSONS: Yes, Your Honor. Three of
6 the items, the three judgments are already in
7 evidence, and I would suggest their request
8 is, therefore, moot. Three of the items are
9 orders signed by Your Honor. They're not
10 orders of prior judges for which notice might
11 be necessary.
12 I respectfully submit there is no need for
13 the Court to notice its own orders. If this
14 were an appropriate procedure, every trial
15 would start with the lawyers asking the Judge
16 to take judicial notice of his or her orders
17 and those of prior judges. The Judge is
18 charged with notice of his own acts. Perhaps
19 we're arguing about how many angels can dance
20 on the head of a pin here, but I don't think
21 judicial notice is a conventional procedure in
22 this sort of situation.
23 My primary objection, though, is to the
24 last two items, which are adversarial
25 memoranda and pleadings submitted by
Page 130
1 Mr. Gilbert's side in the related Broward
2 County case. And the significance of these
3 two pleadings is they contain affidavits.
4 There are two affidavits in the complaint, and
5 there is one affidavit attached to the reply.
6 They're the affidavits of Representative Diaz,
7 Senator Flores, and former Representative
8 Villalobos.
9 THE COURT: Former Senator.
10 MR. PARSONS: Former Senator, thank you.
11 Affidavits obviously are not evidence.
12 Neither should they be judicially noticed,
13 Your Honor. The Court should give them no
14 consideration of any kind. I rely for that
15 proposition upon Burgess v. State, 831 So.2d.
16 137, 141, a Florida Supreme Court 2002, where
17 a lower Court was asked to consider on the
18 basis, consider as judicial notice arrest
19 records which were in a court file. And the
20 logic was that, well, a court file is the
21 records of another Court, the records of
22 another Court may be judicially noticed,
23 voila, the arrest reports are considered by
24 the Court.
25 And the Florida Supreme Court held, quote,
Choice - United
33 (Pages 129 to 132)
Page 131
1 hearsay cannot be considered merely because it
2 is part of a court file, unquote.
3 I stand on that, Your Honor, and on the
4 logic behind it, which is that anyone can file
5 anything in a court file. In this case what
6 was filed were affidavits.
7 These witnesses are not here today. They
8 will not be here today. I have no ability to
9 cross-examine them. These are bare
10 affidavits, bare assertions that are not
11 subject to the scrutiny of a judicial inquiry
12 before the Court today. So I do object to the
13 Court's consideration by judicial notice or by
14 any other means of the last two items on
15 Mr. Gilbert's request.
16 THE COURT: Were the affidavits discussed
17 in detail or in the context of Bogorff?
18 MR. PARSONS: No.
19 THE COURT: Because he's not asking me to
20 have them introduced as an evidentiary issue.
21 I cannot and will not consider the affidavits
22 for proof of truth of the matter whatever they
23 might assert therein, i.e., classic hearsay,
24 but he has represented to me that he wants me
25 to review or at least read those so that I can
Page 132
1 keep those in mind in the context of
2 consideration or review of the Bogorff
3 decision. Is that a fair recap?
4 MR. GILBERT: That's a fair recap, Judge.
5 But the answer to your question is, the Fourth
6 District specifically commented on these
7 affidavits in its 2016 opinion in Bogorff.
8 And I would not be offering them for the
9 Court's judicial notice, were it not for
10 testimony that the Department...
11 I've asked the Department not to put on
12 certain testimony. I don't think it's
13 relevant what took place in 2014. I think
14 that Bogorff says what it says. It stands on
15 its own. But the Department intends to put on
16 testimony through Mr. Buchanan about why they
17 claim the 2000 attempt at seeking an
18 appropriation was somehow defective or
19 inappropriate, trying to go behind Bogorff.
20 And, therefore, to simply give the Court the
21 full context of that, when you read Bogorff
22 again, we believe you should have both sides
23 of the story.
24 Mr. Buchanan filed an affidavit in the
25 Broward County case. I'll cross-examine him

Page 133
1 about his affidavit today.
2 We filed affidavits of Representative
3 Diaz, Senator Flores and former Senator
4 Villalobos. Those were all before the Broward
5 Court. And they were all considered and
6 discussed by the Fourth District in its
7 opinion at 191 So.3d. 512.
8 So, again, we're not asking you to treat
9 it as substantive evidence. I wish that I
10 didn't even need to ask the Court to take
11 judicial notice of it. But I am doing it
12 solely to give the Court a complete picture of
13 a position that the Department intends to put
14 on, which is simply not a complete and
15 accurate portrayal of events.
16 THE COURT: Anything else?
17 MR. PARSONS: Giving the Court a complete
18 picture is done through the presentation of
19 evidence by the parties, and I believe
20 Mr. Gilbert's argument is that to make his
21 case better and to better rebut my case, these
22 affidavits will assist, and that's exactly
23 what the rules of evidence are intended to
24 prevent happening.
25 THE COURT: Okay. I will grant your
Page 134
1 request for judicial notice. However, I'll
2 sustain Mr. Parsons' objection to the extent
3 that you might wish to try to argue or want me
4 to consider those affidavits in a substantive
5 evidentiary context. I cannot and I will not
6 use them on a substantive evidentiary basis
7 for anything, whether it's to disprove or
8 prove any material issue that might be in
9 question today. So I'm solely going to review
10 those last two that you've asked for in the
11 context of review of the Bogorff decision.
12 MR. GILBERT: Yes, Your Honor.
13 Understood.
14 Having done that, we're ready to proceed
15 now. And, as we discussed before the lunch
16 break, I'm going to give a relatively quick
17 overview of what I believe is important from
18 certain depositions and affidavits that have
19 been admitted into evidence by agreement. And
20 Mr. Parsons, as we go through them one by one,
21 Mr. Parsons will give his own perspective.
22 So the first one is the deposition of the
23 Department of Financial Services that was
24 taken on January 19, 2018, admitted into
25 evidence as Petitioners' 40 today. And I'll
Choice - United
34 (Pages 133 to 136)
Page 135
1 run through my head notes and give you page
2 sort of references so you can follow them if
3 that's what you would like.
4 THE COURT: That's fine. What's the name
5 of the person, please?
6 MR. GILBERT: It was actually three
7 people. Forgive me.
8 THE COURT: That's all right. They were
9 all placed under oath under the guise of the
10 Department of Financial Services.
11 MR. GILBERT: They were. They were all
12 produced by the Department of Financial
13 Services as their Rule 1.310(b)(6) designees,
14 on different topics.
15 THE COURT: Fair enough.
16 MR. GILBERT: So the first topic that I
17 covered with them is on the process for paying
18 judgments. And DFS, which is how I refer to
19 them, is the state agency that processes
20 requests from state agencies for issuance of
21 warrants. Warrants are like judgments, are
22 the same as judgments -- or the same as
23 checks, forgive me. Warrants are the same as
24 checks. For issuance of warrants to pay
25 judgments and other amounts due under court
Page 136
1 orders. That's at Pages 51 and 52.
2 DFS -- if I go too fast, Judge, you'll
3 tell me -- DFS has no record of ever receiving
4 a request from the Florida Department of
5 Agriculture to pay or authorizing payment of
6 the amounts awarded under the Lee County
7 judgments. That's at Pages 49 and 50.
8 In order to process a request for payment
9 through DFS, the state agency must submit an
10 electronic request that includes, among other
11 information, the source of funds to be used in
12 paying the judgment. That's at Pages 55
13 through 57.
14 According to DFS, the process is fairly
15 streamlined. And if the request is properly
16 completed and the supporting documentation
17 provided, the warrant will usually be issued
18 within 24 to 48 hours, Pages 56 through 57.
19 And, although it could be difficult, a
20 state agency that has not requested an
21 appropriation to cover a particular judgment
22 as part of its annual LBR can still submit a
23 request for issuance of a warrant; Pages 59
24 through 66 and 70 through 71.
25 The second topic area, on the reporting of

Page 137
1 judgments for inclusion in the state's
2 Comprehensive Annual Financial Report, CAFR.
3 DFS is also the state agency responsible for
4 producing financial reports that the state
5 publishes, including the Florida Comprehensive
6 Annual Financial Report published annually at
7 the end of February, covering the preceding
8 fiscal year; Pages 76 through 78 and now in
9 evidence as Plaintiff's Exhibit No. 34, in
10 this proceeding.
11 CAFR, the acronym, provides the overall
12 financial position of the State of Florida,
13 Page 78.
14 In the course of preparing the annual
15 CAFR, DFS requests and receives annual reports
16 from the Florida Department of Agriculture
17 regarding the Lee County citrus canker lawsuit
18 and judgments as well as the other related
19 lawsuits; Pages 80 through 96. Petitioners'
20 Exhibits admitted into evidence 20, 27 -- I'm
21 sorry, 27 was not admitted into evidence. 20,
22 28, 29 and 30.
23 The specific documentation received from
24 the Florida Department of Agriculture
25 regarding the citrus canker litigation and
Page 138
1 judgments is a form that discloses loss
2 contingencies in excess of 25 million; Pages
3 80 through 87.
4 The initial level of responsibility for
5 recording a liability for the Lee County
6 judgments falls on the Florida Department of
7 Agriculture itself; Pages 91 through 93.
8 If the Florida Department of Agriculture
9 made a determination that a liability should
10 be accrued for the Lee County judgments, those
11 liabilities would be rolled up and included in
12 the CAFR financial statement; Pages 90 through
13 92.
14 And the Florida Department of
15 Agriculture's most recent revised note, 16,
16 will be included, in whole or in part, in the
17 upcoming CAFR for fiscal year ending 6-30-17
18 that will be issued in late February 2018;
19 Pages 94 through 96 and Petitioners'
20 Exhibit 28, 29 and 30.
21 Third topic; on how the state handles
22 federal constitutional claims and
23 court-awarded attorneys' fees. The Division
24 of Risk Management is one of the divisions
25 within DFS. It is tasked with administering
Choice - United
35 (Pages 137 to 140)
Page 139
1 the risk management insurance trust fund that
2 defends and pays claims brought against state
3 agencies, Page 7. The types of claims handled
4 by risk management include federal civil
5 rights claims and court-awarded -- I'm sorry,
6 federal constitutional claims and court-
7 awarded attorneys' fees; Pages 7 through 8 and
8 14 through 18.
9 There is no limitation on the amount of
10 coverage on federal constitutional claims and
11 court-awarded attorneys' fees, Page 17. Risk
12 management does not administer, defend, settle
13 or pay state constitutional claims, Page 8.
14 Risk management also does not administer,
15 defend, settle or pay court-awarded attorneys'
16 fees in eminent domain and inverse
17 condemnation proceedings; Pages 14 through 18.
18 The funds used by risk management to
19 administer, settle and pay covered claims come
20 from the state agencies themselves, which are
21 assessed annually based on an actuarial loss
22 assessment; Pages 11 and 12.
23 The Florida Department of Agriculture is
24 one of the state agencies on whose behalf risk
25 management provides these services; Page 13.
Page 140
1 The Florida Department of Agriculture has
2 never consulted with risk management regarding
3 the constitutional claims that resulted in the
4 Lee County judgments; Pages 22 and 23.
5 Risk management's records reflect that
6 since 1991, it has administered, defended,
7 settled and/or paid out funds on three
8 different matters where the Florida Department
9 of Agriculture was a named defendant that
10 involved federal constitutional claims and/or
11 court-awarded attorneys' fees; Pages 23
12 through 32 and Petitioners' Exhibit 31
13 admitted into evidence in this proceeding.
14 One of those three matters involved a
15 federal constitutional claim brought by
16 Ocheesee Creamery, a dairy farm that
17 challenged the Florida Department of
18 Agriculture's enforcement of a state statute
19 regulating how skim milk products were
20 required to be labeled. The dairy ultimately
21 prevailed on appeal in the litigation, and
22 risk management was called upon by the
23 Department of Agriculture to pay the court-
24 awarded attorneys' fees of $436,822 to the
25 dairy's lawyers, Pages 26 through 30,

Page 141
1 Petitioners' Exhibits 31 and 32 admitted into
2 evidence in this proceeding.
3 And another one of the three matters
4 involved a federal constitutional challenge to
5 a state statute where the travel -- where a
6 travel company, ABC Charters, sought
7 declaratory and injunctive relief to enjoin
8 the enforcement of amendments to a state
9 statute regulating travel to Cuba. The travel
10 agency prevailed in Federal District Court,
11 and risk management paid $364,452 in court-
12 awarded attorneys' fees less than one month
13 after entry of the final judgement; Pages 30
14 through 32 and Petitioners' Exhibit 33
15 admitted into evidence.
16 Those are the relevant excerpts from our
17 perspective from the Department of Financial
18 Services.
19 THE COURT: Mr. Parsons.
20 MR. PARSONS: Yes, Your Honor. I think
21 there's really only one relevant point in this
22 deposition, although it's reiterated by the
23 witness time and time again. I won't take
24 long to do this, but let me just do a question
25 and answer starting on Page 58.
Page 142
1 "Q. Okay. And in order to enter that
2 information into FLAIR, the first thing that
3 they would have to have is an appropriation,
4 unquote.
5 FLAIR is the accounting system and the
6 information is the judgment.
7 And the answer is "That is correct."
8 In other words, you have to have an
9 appropriation to pay a judgment.
10 The same question and answer in a slightly
11 different context appear on Page 73.
12 "Q. Just so I am clear, Mr. Merry, any
13 payment that is authorized by the Department
14 of Financial Services, if it's a judgment or
15 not a judgment, has to be authorized by the
16 terms of the line item or the category; am I
17 correct about that?
18 "A. It has to be within that. In other
19 words, if it's salary dollars and it's not
20 salary-related, you can't use a line item in
21 the category that says salary dollars."
22 The theme of the deposition from the DFS
23 is, we can pay something, but there has to be
24 an appropriation for it.
25 THE COURT: Okay. Thank you, sir.
Choice - United
36 (Pages 141 to 144)
Page 143
1 Next?
2 MR. GILBERT: Next, the Florida Department
3 of Environmental Protection, in lieu of a
4 deposition, both sides agreed to accept the
5 affidavit of Lea Crandall, with records
6 attached, that has been admitted into evidence
7 as Petitioners' 41 in this proceeding.
8 (Thereupon a document was marked
9 Petitioners' Exhibit 41 in evidence in the
10 proceedings)
11 MR. GILBERT: And it's unremarkable except
12 in one respect. There are only two judgments
13 that have been entered against the Florida
14 Department of Environmental Protection since
15 2000 based on inverse condemnation claims, and
16 both were reversed on appeal. Therefore, it's
17 really not an issue of payment. But there was
18 a third inverse condemnation claim that --
19 that the Department of Environmental
20 Protection produced records for. That was a
21 matter that was brought against FDEP in 2004.
22 It was settled in September of 2005, prior to
23 trial, based on an agreement that the Florida
24 Department of Environmental Protection would
25 affirmatively seek a $7.15 million
Page 144
1 appropriation as part of its 2006 annual
2 budget request to the governor to pay the
3 settlement, and that if the appropriation was
4 not obtained or vetoed, the litigation would
5 resume.
6 The $7.15 million appropriation was
7 obtained during the 2006 legislative session,
8 and the full amount of the settlement was paid
9 on July 26, 2006, less than 12 months
10 following execution of the settlement.
11 That is the affidavit of Ms. Crandall is
12 Petitioners' Exhibit Number 35. The documents
13 relating to that particular matter are Exhibit
14 D to her affidavit. And I would specifically
15 refer the Court to Paragraphs 3 and 5 of that
16 exhibit, settlement agreement.
17 In Paragraph 5 there is included a
18 sentence which we will argue later is relevant
19 to this proceeding, which says, quote -- well,
20 I'll just read you the whole paragraph. It's
21 short. Paragraph 5, the parties agree to
22 fully cooperate and to take all additional
23 actions that may be reasonably necessary or
24 appropriate to give full force and effect to
25 the basic terms and intent of this agreement

Page 145
1 which are not inconsistent with its terms.
2 This includes a requirement placed upon the
3 Department to faithfully pursue in good faith
4 the inclusion of the 2006 budget request and
5 ensure its approval, unquote. That relates to
6 the budget request for $7.15 million with
7 regard to that settlement.
8 That is everything from the declaration of
9 Ms. Crandall.
10 MR. PARSONS: So the parties settled that
11 case and it was funded through an
12 appropriation by the legislature. Mr. Gilbert
13 and I have agreed to the admission of
14 Defendant's Exhibit 14, which is a page from
15 the 2006 appropriation act by which the
16 legislature funded that settlement by way of
17 an expressed appropriation in the amount is
18 $7,150,000. There was an appropriation.
19 MR. GILBERT: Last, but not least, the
20 Florida Department of Transportation.
21 Unfortunately, I just got their transcript in
22 the last day or two and didn't have a chance
23 to annotate it. There are three points that
24 are relevant from our perspective. The FDOT
25 representative testified that more than 60,
Page 146
1 6-0, inverse condemnation judgments have been
2 entered against the FDOT since 2000.
3 The FDOT representative testified that it
4 paid all of those inverse condemnation
5 judgments shortly after entry or deposited the
6 funds due under those judgments in the Court
7 registry during the pendency of any appeals
8 from those judgments, and that the source of
9 funds to pay those judgments came either from
10 their existing appropriation of funds under
11 its five-year work plan or from contingency
12 boxes in their budget.
13 That's the totality of the testimony from
14 FDOT.
15 MR. PARSONS: This testimony is similar to
16 the testimony from the Department of Financial
17 Services in that the witnesses reiterated
18 again and again they had to have an
19 appropriation to pay a judgment. They do have
20 an appropriation, Your Honor. It's the
21 Department of Transportation. They have an
22 awful lot of money budgeted every year for
23 buying right-of-way. The testimony on the
24 need for appropriation occurs on Pages 16 and
25 17, 35, 38 and 39, and Pages 47 and 48.
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37 (Pages 145 to 148)
Page 147
1 Mr. Gilbert said an alternative was a
2 contingency box. That's not an alternative.
3 A contingency box is just a way to dip into an
4 appropriation. I refer to the testimony
5 beginning on Page 48 where Mr. Gilbert asked,
6 do you, Mr. Witness, based on looking at
7 Exhibits 2 or 3, regardless of which one you
8 are looking at, do you have any firsthand
9 knowledge whether the amounts that are
10 reflected on that spreadsheet that were
11 awarded in favor of property owners in inverse
12 condemnation cases brought against the
13 Department, were paid out of allocated funds
14 for the contingency box?
15 Answer: First of all, whether it was a
16 contingency box or the original item, all of
17 these funds are allocated and all of these
18 funds are appropriated. We cannot spend a
19 dollar without the appropriated budget from
20 the governor's office. So whether it was paid
21 either way, it was appropriated. That needs
22 to be clarified up front.
23 MR. GILBERT: And, just to respond to
24 that, I agree with what Mr. Parsons read.
25 What I think was clear from that testimony,
Page 148
1 and the Court will see it when you read it
2 yourself, is that in the FDOT's five-year
3 budgeted work plan where they get an
4 appropriation each year to cover it, part and
5 parcel of that appropriation is a contingency
6 box. So they have a contingency fund, if you
7 will, within their budgeted appropriation. So
8 that when they get sued and have these 60
9 inverse condemnation judgments, they have an
10 extra contingency fund to dip into to pay them
11 if the budgeted line item for that particular
12 area is insufficient.
13 That completes the additional testimony
14 that Petitioners seek to offer, and let me
15 just check my notes here.
16 (Discussion held off the record.)
17 MR. GILBERT: That completes our
18 evidentiary presentation, Your Honor.
19 THE COURT: Okay. Thank you, sir.
20 Mr. Parsons, your first witness, please.
21 MR. PARSONS: The Defendants call
22 Mr. Derek Buchanan.
23 THE COURT: Okay. Sir, if you will come
24 forward. I would just remind you you're still
25 under oath.
 38 (Pages 149 to 152)
Page 149 Page 151
1 Thereupon-- 1 consists of myself and eight employees.
2 DEREK BUCHANAN 2 Q. What do you do as the director of the
3 was called as a witness by the Defendants and, 3 Office of Policy and Budget?
4 having been previously sworn, testified as follows: 4 A. So our primary functions are budget
5 DIRECT EXAMINATION 5 monitoring throughout the year to be sure that
6 BY MR. PARSONS: 6 we're spending our dollars in accordance with the
7 Q. Good afternoon, Mr. Buchanan. 7 legislature's budget that's been adopted, be sure
8 A. Good afternoon. 8 that we're using them for their authorized
9 Q. How are you doing this afternoon? 9 purposes. The other big part of our job is
10 A. Not too bad. 10 compiling and submitting that annual budget request
11 Q. We kind of skipped over your background 11 each fall.
12 when you were called to the stand earlier this 12 Q. We've now heard about the budget quite a
13 morning, so let me start with that. 13 bit in this hearing. What is the budget of
14 Where are you from, Mr. Buchanan? 14 Florida?
15 A. I am from a very small town called Mayo, 15 A. So, the state's budget is basically a
16 Florida. It's in Lafayette County about halfway 16 detailed spending plan for all of its agencies. In
17 between Gainesville and Tallahassee. 17 Florida, it's referred to as line item budgeting.
18 Q. Where did you graduate from high school? 18 Those line items correspond to what they call
19 A. That would have been Lafayette High 19 appropriation categories. So those would be things
20 School. 20 like salary and benefits, expenses, contracted
21 Q. What did you do after that? 21 services, and so on and so forth. That detailed
22 A. I went to Florida State University where I 22 spending plan that's adopted by the legislature,
23 obtained undergrad and graduate degrees in 23 approved by the governor, covers the period of time
24 accounting. I believe that was in 2002 and 2003, 24 from July 1 to June 30 each fiscal year.
25 respectively. 25 Q. So does the Department of Agriculture have

Page 150 Page 152

1 Q. Are you a certified public accountant?
2 A. I am. I have been a certified public
3 accountant since April of 2005.
4 Q. At some point did you go to work for the
5 State of Florida?
6 A. Yes. After Florida State University, I
7 went to work for the Florida Auditor General's
8 office. My focus there was conducting financial,
9 federal and operational audits of local school
10 districts in and around Tallahassee.
11 Q. How long did you work for the Florida
12 Auditor General's office?
13 A. That was about four and a half years.
14 Q. What did you do after that?
15 A. In August 2008 I left the Auditor
16 General's office and went to the Department of
17 Agriculture and Consumer Services. I started out
18 as a management analyst in the Bureau of Finance
19 and Accounting. Since that time I've held a
20 variety of roles in the Bureau of Finance and
21 Accounting in the Office of Policy and Budget. I'm
22 currently the director of the Office of Policy and
23 Budget and have been since August of 2013.
24 Q. Do you have a staff, sir?
25 A. Yes. The Office of Policy and Budget
1 a budget?
2 A. Yes. So that state budget that's adopted
3 by the legislature is in what's called the General
4 Appropriations Act. There may be other legislation
5 that have appropriations as well, but that large
6 general appropriations act basically outlines the
7 budget for every state agency in the state.
8 Q. Why is it important, if it is important,
9 for the Department of Agriculture to have a budget
10 every fiscal year?
11 A. So, it's very important. The budget,
12 itself, basically provides our Department and all
13 agencies with the legal authorization to make
14 expenditures that they need to make in order to
15 meet their statutory mandate. So within our
16 Department, that's things like wildfire prevention,
17 food safety inspections, a number of consumer
18 protection and regulatory activities.
19 It's important that it's done annually
20 because things happen, unforeseen circumstances
21 that we can't know year-to-year. The budget gives
22 us the opportunity to adjust each year and
23 basically identify our needs that each division
24 needs to carry out their mandates.
25 Q. Is there a category of the budget known as

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Page 153
1 the recurring budget?
2 A. So, the state budget, it consists of
3 recurring and nonrecurring funding. Recurring is
4 probably like it sounds; it's appropriate --
5 recurring appropriations by the legislature are
6 done for needs that continue into the future. So
7 they're ongoing into perpetuity, essentially.
8 Things that would typically be funded as
9 recurring would be an FTE. If you have a workload
10 issue where the demand for a program just exceeds
11 the staff that you have, that would be a recurring
12 type need. Those needs carry into the future. The
13 funding for recurring issues becomes part of what's
14 called the state's base budget, and from there it's
15 built on to each year.
16 There are also nonrecurring appropriations
17 by the legislature. Those are basically one-time
18 funding by the legislature. That funding is there
19 for the fiscal year. Again, that's July 1 to
20 June 30th. And if they're not spent by the end of
21 that fiscal year, the appropriation essentially
22 goes away.
23 Q. Is most of the Department's budget
24 recurring or nonrecurring?
25 A. Most of the Department's budget is
Page 154
1 recurring. Approximately about 95 percent of that
2 budget is recurring. That's like our total budget
3 is a little over $1.7 billion. Like I said, 95
4 percent of that is recurring.
5 Q. You mentioned the General Appropriations
6 Act. Is that just another name for the budget
7 that's passed by the legislature every year?
8 A. It is. So the budget that carries -- or
9 the bill that carries the budgets for all state
10 agencies is referred to as the General
11 Appropriations Act.
12 Q. Does the General Appropriations Act
13 indicate funding for the different appropriations
14 that are in there?
15 A. Yes. So within each agency, we talked
16 about appropriation categories, but the budget is
17 basically broken down by budget entities. Within
18 our Department those correspond to our various
19 divisions and offices, so office of Ag law
20 enforcement, the forest service. And then within
21 each of those budget entities, the budget is
22 provided by appropriation category. Those would be
23 the things like the salaries, the expenses. And
24 within each of those categories it's broken down
25 further by funding source.
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39 (Pages 153 to 156)
Page 155
1 And the state budget primarily consists of
2 three funding sources; general revenue, which is
3 general revenue funding basically can be
4 appropriated by the legislature for any purpose.
5 It's undesignated.
6 The main source of general revenue funds
7 in the state are sales tax and corporate income
8 tax. That makes up about 80 percent of the state's
9 general revenue. It makes up about a third of the
10 state budget, so about in excess of 30 billion.
11 The state budget right now is around, in excess of
12 85 billion. I believe this budget that has been
13 proposed currently that's working through the
14 process is about 87 billion, and GR, like I said,
15 makes up about a third of that.
16 From there, another funding source are
17 state trust funds. State trust funds are special
18 state accounts that are set up by the legislature
19 through a bill or law of some form or fashion.
20 They are typically set up to account for specific
21 purposes outlined in the statute.
22 So within our Department, a good example
23 is the incidental trust fund. Incidental trust
24 fund basically accounts for all revenues and
25 expenditures associated with our state forests.
Page 156
1 Like I said, with state trust fund
2 appropriations, the key to remember there is that
3 any appropriation from those trust funds have to
4 meet those statutory requirements with how and why
5 they were set up and how those funds can be used.
6 The third funding source is federal trust
7 funds. As you might imagine, those are funds that
8 basically account for federal grant proceeds that
9 the Department would receive. In the Department we
10 have a couple of federal grant trust funds. One of
11 them is called the Federal Grants Trust Fund and
12 the other is called our Food and Nutrition Services
13 Trust Fund. The Food and Nutrition Services Trust
14 Fund basically accounts for all of the school
15 feeding grant programs we receive from the federal
16 government, so your national school lunch, your
17 school breakfast programs.
18 Federal Grants Trust Fund is used for all
19 other federal grants that the Department receives.
20 And most of our divisions in some form or fashion
21 receive federal funding that's accounted for in
22 that Federal Grants Trust Fund.
23 The appropriations from the Federal Grants
24 Trust Fund basically have to be in line with the
25 underlying federal grant agreements that we receive
 40 (Pages 157 to 160)
Page 157 Page 159
1 from the feds. Basically the feds and the 1 responsible for food safety inspections at retail
2 Department sign an agreement detailing how we can 2 establishments, so things like grocery stores. In
3 spend those dollars and appropriations from those 3 that section that outlines our activities, it talks
4 trust funds basically have to follow the underlying 4 about the revenues that are used to fund that
5 federal grant agreement. 5 program and basically prohibits them to use on that
6 Those are the three primary funding 6 program, only.
7 sources within our Department. The vast majority 7 So, typically there are, like I said,
8 of our budget is federally funded, about 76 8 restrictions where the trust funds are created.
9 percent. The reason for that is primarily those 9 There may be additional restrictions within the
10 Food and Nutrition Services Trust Fund, the school 10 programs that are operated out of those trust
11 lunch program. As you can imagine, that is every 11 funds.
12 meal that's served in school lunch is reimbursed 12 Q. Are you generally familiar with the
13 through our department. That's in excess of 13 restrictions on the trust funds, Mr. Buchanan?
14 $1.2 billion, about $1.3 billion of that 14 A. Yes.
15 $1.7 billion budget. 15 Q. Do any of those trust funds allow the
16 THE COURT: Is SNAP under your purview as 16 payment of the final judgments in this case?
17 well? 17 A. No.
18 THE WITNESS: I believe SNAP is a DFS 18 Q. Mr. Buchanan, let me retrieve that exhibit
19 program, but we partner with DFS. We use a 19 and hand you Defendant's Exhibit No. 4 in evidence.
20 lot of the income eligibility that they have 20 You mentioned federal grants. Is one of
21 with SNAP to directly certify children that 21 the federal grants, the Citrus Health Response
22 are eligible for free lunch. So we can take 22 Program?
23 their list and automatically know because 23 A. It is. That's a federal grant that our
24 sometimes there's difficulty getting parents 24 Division of Plant Industry receives through the
25 to fill out the eligibility form so we can 25 United States Department of Agriculture.

Page 158 Page 160

1 directly certify that. 1 Q. And just generally, what does the Citrus
2 BY MR. PARSONS: 2 Health Response Program do?
3 Q. Mr. Buchanan, I hand you Defendant's 3 A. The Citrus Health Response Program's goal
4 Exhibit No. 8 in evidence. 4 is basically to sustain the state citrus industry
5 Is that a list of the various state trust 5 and protect it against a variety of diseases. The
6 funds? 6 focus in recent years has certainly been around
7 A. This is a list of our different state 7 citrus greening and citrus black spot, two
8 trust funds. And it also includes the two federal 8 basically existential threats to the industry.
9 funds as well. 9 Some of the activities that we have in
10 Q. You mentioned that there were restrictions 10 that Citrus Health Response Program include things
11 on state trust funds and federal trust funds. 11 like pest surveying, so going out in the groves to
12 Where do you go to find out what those restrictions 12 see where the pests are and coordinate spraying.
13 are? 13 It includes citrus nursery inspections to be sure
14 A. Those are throughout statute. Typically 14 that citrus nurseries aren't selling infected
15 there's a statute that creates the trust fund that 15 trees, that type of things.
16 may outline how they can be used. Sometimes those 16 There's also what we call budwood
17 are in chapter law as well. 17 protection where we, we have the source trees for
18 In addition, some of our trust funds as 18 all -- all trees that are grown out from nurseries,
19 well, like our general inspection trust fund, 19 so we provide what are called citrus bud eyes to
20 covers a variety of our inspection and permitting 20 the various nurseries. Those citrus bud eyes leave
21 programs. And sometimes within those statutes 21 our facility clean. They go to the citrus nursery.
22 outlining those inspection programs, there are 22 They use those to grow foundation trees for the
23 restrictions on how those monies can be used. A 23 variety of citrus trees they sell out.
24 good example is our food permits that are used to 24 A couple other activities there, we do
25 fund our food safety inspection programs. We're 25 some biological control rearing. There's a wasp

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Page 161 Page 163
1 that we rear that eats the psyllid that carries 1 mechanism to do a budget amendment to increase
2 greening from tree to tree. But at the end of the 2 general revenue. That's not allowed. Those budget
3 day, it's really a comprehensive approach to trying 3 amendment requirements I believe are outlined in
4 to protect and sustain the state citrus industry. 4 216.181, which talks about what can and can't be
5 Q. Is Defendant's Exhibit 4 basically a 5 done on a budget amendment. Five percent transfers
6 budget for the Citrus Health Response Program for 6 are outlined in 216.292.
7 the current year? 7 Basically five percent transfers are --
8 A. Yes, it is. 8 allows you to move within the same fund, and within
9 So the way this works with most federal 9 the same fund and budget entity you can move
10 grants, there is an award document and attached to 10 between categories up to five percent or $250,000.
11 that award document there is a financial plan that 11 That calculation is done on the category you would
12 outlines how that funding can be spent. This is 12 be moving out of and the category you would be
13 what I have in my hands. 13 moving into.
14 Q. Are you familiar with that, sir? 14 So, category that typically has a lot of
15 A. I am. 15 budget for us, say salary and benefits, for
16 Q. Is there any authorization in there for 16 instance, may be able to move more than $250,000
17 payment of the Lee County judgments in the current 17 out of salary and benefits, but depending on how
18 year in the CHRP program? 18 much is in the category you want to move into, you
19 A. No, there is not, and nor is there any 19 might be restricted to the 250, because typically
20 authorization in the award document itself also. 20 those appropriations are less.
21 Q. Please keep that exhibit, but let me hand 21 The other big thing to consider with
22 you Defendant's Exhibit 5 in evidence. Is this the 22 budget amendments, there's also clear language in
23 award document you referred to, sir? 23 216, 216.179, that basically says if an
24 A. It is. 24 appropriation has been vetoed by the governor, a
25 Q. And is there any authorization in there 25 state agency can't take any action to authorize an

Page 162 Page 164

1 allowing payment of the Lee County judgments from
2 the CHRP program funds?
3 A. No.
4 Q. Could you refresh my recollection, for the
5 current fiscal year, how much in CHRP funds is the
6 Department of Agriculture receiving?
7 A. There's about $10 million in funding for
8 CHRP. A big portion of that is salaries, as you
9 might imagine. The CHRP program employees about 50
10 full-time staff, about 100 part-time staff. So
11 yeah, it's about $10 million. Part of that is in
12 salary and benefits in the budget. The remainder
13 of that is in what's called a special category.
14 Q. Can you break down that budget between the
15 federal component and the state matching component?
16 A. You can. So it's about $8 million federal
17 funding and $2 million state and matching funding.
18 Q. Now, the final component was general
19 revenue. Mr. Buchanan, are there circumstances
20 upon under which the budget can be altered so that
21 general revenue can be reallocated within the
22 budget?
23 A. There are budget amendments, what they
24 call five percent transfers that allow for
25 reallocations between the budget. There is no
1 expenditure for any program that the governor
2 vetoed.
3 So in the current year, I don't think
4 there is any mechanism regarding a budget amendment
5 or a budget transfer that would allow me to try and
6 pay a canker judgment that was vetoed by the
7 governor.
8 Q. One more question about the five percent
9 transfer. To do a transfer, do you need an
10 existing line item to transfer the money into?
11 A. You do. So it is, I said it is within the
12 same fund and between existing categories that have
13 an appropriation. You can't create a new
14 appropriation with the five percent transfer.
15 Q. So, for general revenue, is there any --
16 currently any way by means of an appropriation that
17 the Department can pay the Lee County judgments?
18 A. No. And I would say, with every budget
19 amendment also those budget amendments have to
20 follow legislative intent. All of our current
21 appropriations that are in the budget were provided
22 by the legislature for a purpose. Taking that
23 funding and trying to move it for an entirely
24 different purpose raises additional legislative
25 intent and legal issues.

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Page 165
1 From my perspective, our job, the
2 legislature is responsible for approving the
3 budget. We implement that budget in accordance
4 with how it was appropriated.
5 I said I don't think I could take an
6 appropriation that has been provided by the
7 legislature for one reason and use it for something
8 entirely different. I think that would raise
9 substantial legal issues.
10 Q. I just want to be clear, Mr. Buchanan, on
11 things which the law in your view does not allow
12 you to do with regard to the budget. Can you make
13 a five percent transfer or a collection of
14 transfers somehow to pay the Lee County judgments?
15 A. No. Generally speaking, like I said,
16 those transfers are pretty limited to $250,000.
17 It's, a lot of those transfers are within the same
18 fund.
19 Again, the underlying fund restrictions
20 still apply. I don't think I have a trust fund
21 that could support a canker judgment based on their
22 statutory restrictions. I don't think there are
23 substantial enough general revenue budget in the
24 Department to support getting 16 or $17 million
25 worth of transfers to pay those out.
Page 166
1 Q. You also can't tap into a state trust
2 fund; am I correct?
3 A. That is correct.
4 Q. Can you tap into a federal grant?
5 A. Only if there is an underlying federal
6 grant agreement that specifically provides for
7 funding for a canker judgment.
8 Q. Is there such a grant agreement?
9 A. No.
10 Q. Can you tap into a different, wholly
11 different appropriation, say, for salary and
12 benefits, in order to pay the Lee County judgments?
13 A. No. That would be violating legislative
14 intent with how that original appropriation was
15 provided.
16 Q. Can you think of any other source of
17 funding or an appropriation that would allow you to
18 pay legally the Lee County judgments?
19 A. No. As I've mentioned, every expenditure
20 I make as a state agency relies on an appropriation
21 from the legislature.
22 In addition, in the current year, the
23 governor vetoed that appropriation. There is very
24 clear language in 216.179 that basically prohibits
25 an agency from attempting any expenditure on a
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42 (Pages 165 to 168)
Page 167
1 program that has been vetoed.
2 Q. Let's talk about legislative budget
3 requests for a minute, Mr. Buchanan.
4 You mentioned that's one of the main
5 duties of your office. Are you in charge of that
6 at the Department of Agriculture?
7 A. I am. As I mentioned, we, starting over
8 the summer, legislature budget requests are
9 typically submitted October 15th each year. In a
10 year like this where it's a short session, it's
11 submitted in September 15th. Session is normally
12 March and April. This year it's January and
13 February and the first week of March. This year
14 that submission was done on September 15th.
15 We started over the summer reaching out to
16 the divisions asking them what their budget needs
17 are. We compiled them and ultimately that results
18 in submission of that legislative budget request.
19 Q. Did the last legislative budget request
20 that is the one, not this year's, but the one for
21 the current fiscal year, include a request for
22 funding for the Lee County judgments?
23 A. It did not.
24 Q. Did it nevertheless include a description
25 of the Lee County judgments in the LBR packet?
Page 168
1 A. Yes. That is what's called Schedule 7
2 Agency Litigation Inventory that's submitted each
3 year with the legislative budget request.
4 Q. That goes to the legislature?
5 A. It does. It goes to the House, the Senate
6 and the governor's office.
7 Q. Let's talk about the different ways the
8 Department discloses the Lee County judgment to
9 other branches of Florida government. You
10 mentioned Note 7. Let's cross that off the list.
11 Is there also a footnote in the, what we call CAFR?
12 A. Yes. I think that's the Note 16 on the
13 Comprehensive Annual Financial Report that is
14 compiled by the Department of Financial Services.
15 That outlines substantial litigation facing the
16 state and that has included citrus canker as well.
17 We've talked about Schedule 7.
18 There is also a litigation note in the
19 Long-Range Financial Outlook. Long-Range Financial
20 Outlook is a document that is required by the state
21 constitution. It basically outlines, sort of
22 calculates a budget surplus or deficit. It's
23 presented to the legislative budget commission each
24 fall. They do that in the fall to sort of lay out
25 the funding that the legislature will have to spend
 43 (Pages 169 to 172)
Page 169 Page 171
1 or the deficit that the legislature will have to 1 Senator Flores. And anytime an amendment to the
2 make. 2 General Appropriations Act is made, once that
3 As I mentioned, there is a note in there, 3 initial recommendation comes out, any amendments to
4 it's very similar to Comprehensive Annual Financial 4 that act have to be balanced, meaning if there is
5 Report note, outlining that litigation as well. 5 additional funding for something, it has to come
6 And we also from time to time have been asked 6 from something else in the budget. This amendment
7 directly by Senate staff, by the governor's office 7 took the budget away from our Office of Energy
8 staff just for an update on the cases, and we have 8 Natural Gas Fuel Fleet Vehicle Rebates, expenses in
9 provided that upon demand. 9 the forest service and some funding for Ag
10 Q. That's the overview document for the 10 promotion in our marketing to then move that
11 citrus canker litigation, sir? 11 funding to general revenue to pay the Broward
12 A. It is. 12 County canker judgment.
13 Q. Have you ever told someone in Florida 13 Q. What does it mean for a Senator to offer
14 government that you would not give them information 14 an amendment to the General Appropriations Act?
15 on the citrus canker litigation? 15 A. It's basically a formal filing to change
16 A. No. 16 the bill that is moving forward in the Senate. So
17 Q. Do you know of anybody in the Department 17 there would have been an existing General
18 who's done that? 18 Appropriations Act. If this amendment had passed,
19 A. No. 19 it would have actually changed the budget line
20 Q. Let me retrieve those two documents, if I 20 items in that Senate GAA that would have passed the
21 could. 21 Senate.
22 Mr. Buchanan, let me shift gears a little 22 Q. I see Amendment 24 in the upper right-hand
23 bit and go back a few years when you were still, 23 corner. Is this one of many amendments?
24 however, director of policy and budget. 2014, you 24 A. It is. The Senate typically files a
25 held that role at that point, sir? 25 number of amendments from the time, and I'll back

Page 170 Page 172

1 A. I did. 1 up a little bit, and stop me if I'm saying too much
2 Q. And was one of your duties during the 2 here; the way the state budget works, there are
3 session, the legislative session in 2014, to 3 budget subcommittees. Those are split by program
4 generally keep track of legislation that might 4 areas. Our program area in the House is Ag and
5 affect the Department of Agriculture? 5 Natural Resource. In the Senate it's Environment
6 A. Yes. 6 and Natural Resource Appropriations. There would
7 Q. Did it come to your attention that there 7 be similar agencies grouped under that
8 was legislation proposed having to do with the 8 subcommittee, so there would be ourselves, DEP,
9 payment of judgments in the citrus canker 9 FWCC.
10 litigation? 10 Those subcommittees develop a budget for
11 A. Yes. 2014, in the Senate in particular, 11 those agencies. From there it goes to what's
12 on the Senate General Appropriations Act, there was 12 called the big appropriations committee in the
13 an amendment filed by Senator Flores. It was to be 13 House and the Senate. That big appropriations
14 considered on the Senate floor, so it was their 14 committee basically combines all of those
15 budget was on the last stop on the Senate side on 15 subcommittee recommendations into one large General
16 the Senate floor. There was an amendment produced 16 Appropriations Act for the House and for the
17 to pay the Broward County canker judgment. 17 Senate. From there, that bill goes to the House
18 Q. Mr. Buchanan, I hand you a document marked 18 and Senate floor for passage. There can be
19 as Defendant's Exhibit 7 for identification. 19 amendments at each step in that process.
20 (Thereupon a document was marked 20 MR. PARSONS: Your Honor, I move
21 Defendant's Exhibit 7 for Identification in 21 Defendant's Exhibit No. 7 marked for ID into
22 the proceeding.) 22 evidence.
23 BY MR. PARSONS: 23 MR. GILBERT: Objection, relevance. We're
24 Q. Do you recognize that, sir? 24 here about the Lee County judgments, not about
25 A. I do. This is the amendment filed by 25 the Broward County case. The Court made it

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 44 (Pages 173 to 176)
Page 173 Page 175
1 clear that this was not about the Broward 1 come.
2 County case, so I'm not sure what the 2 MR. PARSONS: No remedy is guaranteed. No
3 relevance of all this is. 3 court remedy, no legislative remedy. I don't
4 MR. PARSONS: The relevance is to show -- 4 think that our system contemplates you have a
5 is to prove that there is an alternative to 5 guaranteed remedy. Every remedy is
6 mandamus, the alternative -- one alternative 6 speculative in that sense. In this case, it's
7 being simply to amend the General 7 got within a hare's whisker of passage before
8 Appropriation Act to provide for the payment 8 the amendment was withdrawn by Senator Flores,
9 of the Lee County judgments, as was attempted 9 as Mr. Buchanan will relate.
10 three years ago with regard to the Broward 10 MR. GILBERT: My only point is that
11 judgment. 11 Mr. Parsons suggests that somehow this
12 THE COURT: Anything else? 12 amendment process in the legislature proves or
13 MR. GILBERT: We don't dispute the fact 13 undermines the issue of an adequate remedy at
14 that whatever the processes in the 14 law. I don't think the appropriation process
15 legislature -- 15 of the legislature is whether it is --
16 THE COURT: It's an indisputable fact that 16 THE COURT: Whether it's a remedy is
17 they can get a claims appropriation or special 17 another question. I'm going to allow it for
18 allocation -- 18 the time being so it's admitted.
19 MR. GILBERT: Or amendment. Nobody 19 (Thereupon a document was marked
20 disputes that an amendment to the 20 Defendant's Exhibit 7 in evidence in the
21 appropriation bill can always be submitted at 21 proceedings)
22 the appropriate time by a member of the Senate 22 BY MR. PARSONS:
23 or the House. But I'm not sure what the 23 Q. Mr. Buchanan, was the proposed amendment
24 relevance of -- 24 of great interest to you back in 2014?
25 THE COURT: What is this trying to prove 25 A. Yes, it was. The biggest issue is the

Page 174 Page 176

1 or disprove in terms of the material issue? 1 Department had was clearly the, removing expense
2 Can I see it, please? 2 authority from the Florida Forest Service. As you
3 MR. PARSONS: Yes, sir. 3 can imagine, the Florida Forest Service relies on
4 THE COURT: Mr. Parsons, what does that 4 that money for wildfire protection in this state.
5 tend to prove or disprove in terms of material 5 That would have been a huge impact to this
6 issue on the claim? 6 Department, essentially. They would have had a
7 MR. PARSONS: It tends to disprove Element 7 very difficult time protecting Florida from
8 1 of the elements for a Writ of Mandamus, 8 wildfires, essentially.
9 which is that there is no other remedy 9 Q. Were you tracking this amendment?
10 available at law. This tends to prove that 10 A. Yes. Definitely.
11 there is the opportunity for a remedy to waive 11 Q. What does that mean?
12 an appropriation and there is the 12 A. We basically, we knew when the
13 availability, meaningful availability of that 13 amendment -- we knew when the Senate was going into
14 remedy because, in fact, Plaintiffs in the 14 session to consider this bill. We watched the
15 related lawsuit in Broward County took the 15 video feed in our offices in the Capitol. We saw
16 opportunity, ran with it and got to the point 16 when the amendment came up and was considered by
17 of amending -- proposing an amendment to the 17 the Senate.
18 General Appropriations Act three years ago. 18 Q. When you say "we," did you personally
19 THE COURT: Is that a true remedy, though, 19 watch the proceedings on the floor in real-time as
20 if it's merely a possibility? It's one thing 20 this amendment was considered, sir?
21 if they have a process where they can submit 21 A. I did.
22 an application, then it has to be approved 22 Q. What happened?
23 versus we're waiting on the legislature to 23 A. Senator Flores withdrew the amendment on
24 potentially pass a bill or pass a specific 24 the floor. I believe she said something about --
25 amendment allowing for that, which could never 25 MR. GILBERT: Objection, hearsay.

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 45 (Pages 177 to 180)
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1 THE COURT: Sustained. It's offered for 1 A. No, there was not.
2 the truth of the matter asserted. 2 Q. Mr. Buchanan, let's move forward now; not
3 BY MR. PARSONS: 3 to the current session that's going on, but to the
4 Q. Let me ask you a different question, 4 session last year in 2017. Did it come to your
5 Mr. Buchanan. What happened to the amendment that 5 attention that a bill had been proposed to fund all
6 you were tracking? 6 of the four, the cases in the fourth -- the
7 A. It was withdrawn by Senator Flores on the 7 judgments in the four cases for citrus canker in
8 floor before it was voted on. 8 the Florida legislature?
9 Q. Was that the end of the matter? 9 A. Yes. Representative Pepe Diaz filed an
10 A. It was. 10 appropriations project bill in the House. I think
11 Q. Mr. Buchanan, I hand you Defendant's 11 it was a little over $100 million to fund all four
12 Exhibit No. 6 marked for identification. 12 cases.
13 (Thereupon a document was marked 13 Q. Mr. Buchanan, I'm handing you Plaintiff's
14 Defendant's Exhibit 6 for Identification in 14 Exhibit No. 6, which is in evidence.
15 the proceeding.) 15 Is that the bill?
16 BY MR. PARSONS: 16 A. This is the bill.
17 Q. I'll take back Number 7. 17 Q. And if you could turn in that bill to the
18 Mr. Buchanan, was there an attempt similar 18 second page, do you see a fairly long form
19 to Senator Flores' made in the House of 19 accompanying the bill?
20 Representatives? 20 A. Yes.
21 A. Yes. I understand that there was, 21 Q. What is that form?
22 although there was nothing ever formally filed on 22 A. This is what's called an appropriations
23 the House website where General Appropriations Act 23 project request. Last year the House developed new
24 amendments are filed. 24 procedures for members to request funding for
25 Q. What was the informal attempt that was 25 projects. The initial step in that process is

Page 178 Page 180

1 made? 1 completing what's called an appropriations project
2 A. I understand that Representative Pepe Diaz 2 request, which is what is attached here. From
3 sent an amendment to the appropriations chairman, 3 there, that project request becomes a formal
4 which it was Seth McKeel at the time, to amend the 4 appropriations project bill, which culminated in
5 House version of the GAA on the floor. 5 the House Bill 3767 that's on the front.
6 Q. And what happened to that? 6 Q. Could you turn to the second page of the
7 A. I believe it was withdrawn before it was 7 project request.
8 ever publicly filed. 8 A. Yes.
9 Q. Did you come into possession of 9 Q. Who is the requester listed on the project
10 documentation which is Defendant's Exhibit 6, 10 request?
11 indicating that sequence of events, sir? 11 A. That would be Robert Gilbert.
12 A. Yes. 12 Q. And what is the organization?
13 MR. PARSONS: Your Honor, I move 13 A. Grossman Roth Yaffa Cohen. I hope I said
14 Defendant's 6 into evidence. 14 that right.
15 MR. GILBERT: Same objection as before; 15 Q. And is there a registered lobbyist
16 relevance. 16 indicated?
17 THE COURT: It's admitted. 17 A. Yes. That would be Alex Villalobos.
18 (Thereupon a document was marked 18 Q. What happened to Bill 3767 in last year's
19 Defendant's Exhibit 6 in evidence in the 19 session?
20 proceedings.) 20 A. 3767 was referred to the House Ag and
21 BY MR. PARSONS: 21 Natural Resource Appropriations committee. It was
22 Q. I'll retrieve that, Mr. Buchanan. 22 not heard in that committee. It died in that
23 So was there ever any funding for any of 23 session. That committee -- that committee came out
24 the citrus canker judgments in the various counties 24 with its budget recommendation shortly after the
25 passed into law by the legislature in 2014? 25 filing of this bill. That budget recommendation

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 46 (Pages 181 to 184)
Page 181 Page 183
1 from that committee, which is chaired by 1 the legislature prior to July 1, state government
2 Representatives Albritton, included funding for 2 would shut down. So had they not come back to
3 canker judgments. I want to say it was Broward, 3 address the education funding, there potentially
4 Lee and Palm Beach, I believe. I think that was 4 would have been no education funding to start that
5 about $66 million. So the bill died, but an 5 new fiscal year.
6 appropriation did come out in that subcommittee's 6 He, working with legislators behind the
7 budget recommendation. 7 scenes, called a special session. That special
8 Q. Did that recommendation ultimately become 8 session was very limited in focus. It dealt with
9 an appropriation under Senate Bill 2500? 9 education funding. It dealt with funding for Visit
10 A. It did. The Broward and Lee County canker 10 Florida, which is tourism marketing, essentially.
11 judgments in particular were ultimately funded by 11 And it dealt with Department of Economic
12 the approved General Appropriations Act that was 12 Opportunity business incentives. Those were three
13 passed by both houses. 13 areas that the governor was highly critical of the
14 Q. Is that line item or Special Category 1437 14 legislature on.
15 A and B, sir? 15 That special session they came back in,
16 A. It is. 16 they utilized the proceeds from those vetoes to
17 Q. Let's start talking about that sequence of 17 provide additional K through 12 education funding,
18 events, now. 18 to provide $76 million for Visit Florida, which was
19 What was Senate Bill 2500? 19 the governor's original request, and to provide 85
20 A. That was the General Appropriations Act 20 million for the Department of Economic Opportunity
21 that was passed by the legislature last year, so 21 for business incentives.
22 that was the act that carried the state budget for 22 Q. Could the legislature have overridden the
23 what would have been fiscal year 2017/18. 23 vetoes?
24 Q. And what happened after the General 24 A. They can. A veto override requires
25 Appropriation Act was passed by the House and the 25 two-thirds vote in the House and the Senate. The

Page 182 Page 184

1 Senate? 1 Senate did come back the first week of that special
2 A. When the General Appropriations Act is 2 session -- first day of that special session and
3 passed, it eventually lands on the governor's desk. 3 override a number of the vetoes. The House did not
4 He has about two weeks to review that budget when 4 do that, so those overrides did not take effect.
5 it hits his desk. He can veto sections of the 5 Q. So, overall, what was accomplished by the
6 budget. He can veto a proviso from appropriations. 6 vetoes and the special session and the new budget
7 He can veto line items. 7 appropriations?
8 He ultimately vetoed the K through 12 8 A. So, basically there were several projects
9 education portion of the budget, along with about 9 that lost funding. Canker judgments were certainly
10 $400 million in various other appropriations, 10 included there. There were also a number of other
11 including the two canker judgment line items. 11 member type projects. Ultimately those vetoed
12 Q. Were you, as part of your job, keeping 12 funds were used to increase funding for, like we
13 track of the veto when it issued? 13 talked about, education, Visit Florida tourism
14 A. Yes. Definitely. 14 marketing and Department of Economic Opportunity
15 Q. And were you surprised by the governor's 15 business incentives.
16 veto of these line items? 16 Q. Do you recall that Governor Scott in his
17 A. I'm never surprised by vetoes from the 17 veto message referred to a $3 billion budget
18 governor. The governor is, has for several years 18 surplus?
19 vetoed substantial amounts out of the budget. 19 A. Yes.
20 Q. So what happened after the governor vetoed 20 Q. Do you know what he was talking about?
21 the items? 21 A. Yes. So, the State of Florida has a few
22 A. So, because he vetoed K through 12 22 fund balances that represent what's known as
23 education funding, that basically required a 23 reserves in the state. The biggest of those is the
24 special session to come back and pass education 24 budget stabilization fund. The other would be any
25 funding. Basically if a budget is not passed by 25 general revenue funding that would not have been

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Page 185
1 budgeted. So they have an idea what the general
2 revenue proceeds will be. Any amount that's not
3 budgeted out by the legislature is essentially
4 considered reserve. So it would have been a
5 combination of those funds.
6 Q. Is the current legislative session ongoing
7 right now?
8 A. It is.
9 Q. And is there a bill pending in one of the
10 houses of the legislature to pay the Lee County
11 judgments?
12 A. There is. So similar to last year, the
13 House Ag and Natural Resource appropriations
14 subcommittee chaired by Representative Albritton
15 released their budget recommendation two weeks ago
16 now. That recommendation includes approximately
17 $107 million to pay judgments for all four
18 counties. The Senate subcommittee budget
19 recommendation did not include judgments. The
20 following week, those recommendations were
21 considered at the big appropriations committee.
22 The canker judgment line item has not changed, did
23 not change at that stop so it's still in the House
24 recommendation. It's not currently in the Senate
25 recommendation.
Page 186
1 This week those recommendations will be
2 voted on on the House and Senate floor. Amendments
3 may be filed. They'll likely come out today. I
4 believe that floor session will happen tomorrow or
5 Thursday, where they'll consider the House version
6 of the General Appropriations Act which includes
7 canker judgment. The Senate will do the same on
8 their side, which doesn't include the canker
9 judgments.
10 From there, the budget will likely take a
11 back seat for a couple of weeks. Typically they
12 start what's called the conference process the last
13 couple of, two or three weeks of session. That's
14 where the various budget subcommittees from the
15 House and the Senate form a conference committee,
16 and they basically work out the differences in the
17 budget.
18 Session is scheduled in on March 9th. In
19 order for the budget to be passed on March 9th, it
20 would have to be basically worked out, conference
21 would have to wrap up by Tuesday, March 6th.
22 There's a 72-hour cooling off period where the
23 budget has been agreed to. It sits on the
24 legislature's desk and then they would take it up
25 in theory on March 9th and vote it out. From
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47 (Pages 185 to 188)
Page 187
1 there, it would go to the governor's office again
2 for him to review for potential vetoes.
3 Q. Mr. Buchanan, I hand you Defendant's
4 Exhibit 15 marked for identification.
5 Is that the subcommittee --
6 MR. GILBERT: That's already admitted.
7 BY MR. PARSONS:
8 Q. It's stipulated into evidence. Thank you.
9 Is that the subcommittee's proposed budget
10 that includes the Lee County judgment funding?
11 A. It is. So this is the House Ag and
12 Natural Resource Appropriations Subcommittee
13 initial recommendation.
14 Q. Does it include funding for other citrus
15 canker judgments as well?
16 A. It does. It includes Broward County, Lee
17 County, Palm Beach County and Orange County.
18 Q. Mr. Buchanan, in your role as director of
19 your staff in the Office of Budget and Policy, are
20 you familiar with the mechanics of how the
21 Department goes about obtaining a warrant when
22 authorized from the chief financial officer of
23 Florida?
24 A. Yes.
25 Q. How is it you know about that?
Page 188
1 A. I've, like I said, I've held a variety of
2 roles. I've spent time in finance and accounting.
3 I also clearly deal with Department expenditures in
4 my role as budget director as well.
5 The state accounting system is what's
6 known as FLAIR. There is departmental FLAIR and
7 central FLAIR. Central FLAIR is basically
8 maintained by DFS. Departmental FLAIR is uploaded
9 to central FLAIR nightly. Part of that upload
10 would be basically voucher authorizations,
11 authorizing the CFO's office to basically write a
12 check for the expenditure. When those expenditures
13 or those voucher authorizations are entered in
14 departmental FLAIR, there is an appropriation that
15 has to be input so there's a cash and budget check
16 so it checks to be sure that there is budget, that
17 there's sufficient budget. It checks to be sure
18 that there's sufficient cash. The expenditures
19 from trust funds also have to consider the cash
20 balance in those trust funds. It's similar to our
21 only personal checking account.
22 GR is different. GR cash is maintained by
23 the state treasury. But there is an initial budget
24 and cash check, when it's input in department
25 FLAIR. If there is no budget, it will not upload
 48 (Pages 189 to 192)
Page 189 Page 191
1 to central FLAIR. Central FLAIR has a second 1 A. That would be returned to the agency
2 budget and cash check at that point. Again, if 2 unpaid.
3 there is no budget, it would be returned to the 3 Q. How do you know that?
4 agency unpaid. 4 A. Because those sorts of things happen
5 The third sort of check and balance there 5 inadvertently all the time; not with canker
6 is that all payments in excess of $10,000 are 6 judgments, but with other items where an
7 physically pulled by DFS for audit, so an 7 inappropriate appropriation category is input by
8 individual pulls that to check. One of the first 8 mistake.
9 things they look at is whether there is budget and 9 Q. You mentioned a third check regarding
10 whether that budget is appropriate. So they would 10 expenditures over $10,000. Is a live human being
11 be looking at the appropriation category. So 11 involved in that check?
12 clearly if we were trying to pay something like a 12 A. Yes.
13 contracted services out of salary and benefits, 13 Q. Who is that person?
14 that would be returned to the agency unpaid. 14 A. That would be audit staff at the
15 Q. Let's break down each of those three 15 Department of Financial Services.
16 checks you mentioned in the budgeting, or in the 16 Q. What are they looking out for?
17 payment process. You mentioned that you wouldn't 17 A. Any number of things. So they're looking,
18 get a correct upload if you didn't have the correct 18 one of the first things we talked about is the
19 budget specified. So, is there literally a field 19 appropriation category, being sure it's appropriate
20 that you have to fill in with an appropriation 20 compared to the supporting documentation. So they
21 source that has to check out? 21 would go through the supporting documentation to be
22 A. There is. 22 sure that there's sufficient support and
23 Q. Is it a field on a computer screen? 23 justification to ultimately make a payment, to be
24 A. It is. 24 sure that that payment is being made from the
25 Q. What do you have to put in that field? 25 appropriate appropriation that the legislature

Page 190 Page 192

1 A. You would put in an appropriation 1 provided, and that it meets the intent of that
2 category, and that would allow the system to then 2 legislative appropriation.
3 go check the budget in that category to be sure 3 Q. Mr. Buchanan, were you made aware within
4 that there's sufficient budget. 4 the last couple weeks of a payment made by the
5 Q. What if you put in a budget category that 5 Department of Environmental Protection in the
6 had been vetoed; what would happen? 6 budget for 2006 to pay a judgment against that
7 A. That would essentially be illegal for me 7 agency?
8 to do pursuant to 216.179. I can't willfully 8 A. Yes.
9 violate that statute. 9 Q. Did I ask you to try to go and find that,
10 Q. You mentioned a second check where 10 the appropriation for that payment in the General
11 apparently at the CFO's end there is a check going 11 Appropriations Act for 2006?
12 on? 12 A. You did.
13 A. Yes. So there's a second budget and cash 13 Q. Mr. Buchanan, I hand you a document marked
14 check at the CFO's office that's similar to the 14 as -- entered into evidence as Defendant's
15 initial budget check that's done at our office. 15 Exhibit 14. Is that the page of the appropriations
16 Again, it's looking at that appropriation category 16 act that you located, Mr. Buchanan?
17 that has been input, being sure there is an 17 A. It is.
18 appropriation category there, being sure that 18 Q. What does it show?
19 there's sufficient budget in that category, and 19 A. It shows an appropriation for that
20 being sure that it's an appropriate category to use 20 judgment within the Department of Environmental
21 for the type of expenditure. 21 Protection. This would have been from the chapter
22 Q. What would happen, and I'm not suggesting 22 law that was approved by the legislature and
23 anybody do this, but you would try to pay the Lee 23 approved by the governor that year.
24 County judgments by taking funding from, say, 24 Q. And was that vetoed?
25 personnel and salaries? 25 A. It was not. Like I said, this is the

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 49 (Pages 193 to 196)
Page 193 Page 195
1 actually chapter law, so if an item was vetoed, in 1 Defendant's Exhibit 19 into evidence.
2 the budget you would see it struck through. 2 MR. GILBERT: Objection. I want to query
3 Q. Mr. Buchanan, are you familiar with a 3 the witness.
4 lawsuit that resulted in a judgment that we 4 THE COURT: Sure.
5 referred to as the Basford Farms case? 5 MR. GILBERT: Mr. Buchanan, how do you
6 A. Yes. 6 know, firsthand, that the vetoed appropriation
7 Q. What was the Basford Farms case? 7 that's shown in Department's 19 for
8 A. Basford Farms was the result of a 2002 8 identification was intended to go to Basford
9 constitutional amendment dealing with restricting 9 Farms? Tell us how you know that in your own
10 the caging of pregnant pigs. That amendment, that 10 firsthand knowledge.
11 constitutional amendment was passed in 2002. It 11 THE WITNESS: I had a conversation with
12 had an effective date of 2008. 12 Adam Basford, who is Florida Farm Bureau
13 Basford Farms was one of two pork 13 lobbyist and the son of the owner of that
14 producers in the state that was impacted by that 14 farm.
15 constitutional amendment. He voluntarily went out 15 MR. GILBERT: And you called him at
16 of business in 2003. In 2005 the legislature 16 counsel's request to find out the history of
17 appropriated what was referred to as transitional 17 this?
18 grants for pork producers. That funding was 18 THE WITNESS: No. I spoke to him of my
19 intended to provide assistance to pork producers 19 own volition. He is, with session going on,
20 impacted by the amendment. That appropriation was 20 he is around the Capitol quite a bit and in
21 ultimately vetoed by the governor that year in 21 and out of our office.
22 2005. 22 MR. GILBERT: And Mr. Basford apparently
23 Basford Farms filed an inverse 23 informed you that the 2005 vetoed
24 condemnation suit against the State of Florida in 24 appropriation was intended in part to
25 2010. He was ultimately awarded I believe $505,000 25 compensate his father's farm based on the

Page 194 Page 196

1 plus interest dating back to 2008, which was the 1 constitutional amendment that ultimately
2 effective date of the amendment. 2 became the subject of the inverse condemnation
3 Ultimately that lawsuit was upheld on 3 suit?
4 appeal, and eventually I believe it was 2014 the 4 THE WITNESS: Yes, that's correct.
5 legislature appropriated approximately $1.2 million 5 MR. GILBERT: Okay. No objection.
6 in the Department of Legal Affairs for that 6 THE COURT: It's admitted.
7 judgment. 7 (Thereupon a document was marked
8 Q. Let's step back just for a minute and talk 8 Defendant's Exhibit 19 in evidence in the
9 about the original appropriation you mentioned from 9 proceedings.)
10 2005. I'm going to hand you Defendant's Exhibit 19 10 BY MR. PARSONS:
11 marked for identification. 11 Q. So this was unsuccessful in 2005,
12 (Thereupon a document was marked 12 Mr. Buchanan?
13 Defendant's Exhibit 19 for Identification in 13 A. That is correct.
14 the proceeding.) 14 Q. Was that followed, and I believe I heard
15 BY MR. PARSONS: 15 you correctly, by a successful appropriation to pay
16 Q. Do you recognize that page as the 16 Basford Farms?
17 appropriation that would have gone to Basford Farms 17 A. It was. That appropriation was made in
18 but stricken through? 18 the 2014 legislative session.
19 A. Yes. 19 Q. Mr. Buchanan, I hand you Defendant's
20 Q. So what does the strike-through indicate 20 Exhibit 10, stipulated into evidence.
21 to you? 21 I ask you if that reflects the successful
22 A. The strike-through indicates that that 22 appropriation?
23 line item was vetoed by the governor. That's how 23 A. It does.
24 vetoes are identified in the chapter law. 24 Q. Did that pay Mr. Basford for his judgment?
25 MR. PARSONS: Your Honor, I move 25 A. It did.

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1 Q. Was that vetoed? 1 Q. Does that happen?
2 A. No, it was not. 2 A. It does.
3 Q. So Mr. Basford tried once, was not 3 Q. Again and again?
4 successful, tried again several years ago and was 4 A. Yes.
5 successful? 5 MR. PARSONS: Thank you, Mr. Buchanan.
6 MR. GILBERT: Objection, mischaracterizes 6 Those are all the questions I have for you.
7 the witness' testimony. 7 THE COURT: Thank you, sir.
8 THE COURT: Sustained. 8 Any follow-up?
9 MR. GILBERT: Mr. Basford didn't try 9 MR. GILBERT: Yes, Your Honor.
10 anything. 10 THE COURT: Would you like to take a
11 BY MR. PARSONS: 11 midafternoon break now?
12 Q. Mr. Buchanan, is part of your 12 MR. GILBERT: Whatever you prefer.
13 responsibility as director of Office and Policy to 13 THE COURT: Why don't we go ahead and take
14 track bills known as claim bills when they're 14 a break now.
15 introduced in the Florida legislature? 15 Step down and don't discuss your
16 A. Yes. 16 testimony.
17 Q. Why do you do that? 17 (Thereupon a brief recess was taken, after
18 A. We track all legislation that has a 18 which the following proceedings were had:)
19 Department impact, essentially. So if there's a 19 CROSS EXAMINATION
20 claims bill out there against the Department, we 20 BY MR. GILBERT:
21 certainly keep an eye on that during the 21 Q. Mr. Buchanan, good afternoon.
22 legislative session. 22 A. Good afternoon.
23 Q. What is a claim bill? 23 Q. Sir, how many times is enough times for
24 A. So a claims bill is essentially for 24 the Lee County homeowners to have to wait for
25 judgments that are made against the state in excess 25 the -- how many sessions is enough sessions for the

Page 198 Page 200

1 of any amounts that may have been paid out through 1 Lee County homeowners to have to wait to have their
2 risk management, insurance, and DFS. 2 constitutional takings judgments paid?
3 Q. Are these sometimes made against the 3 MR. PARSONS: Argumentative.
4 Department? 4 THE COURT: Overruled.
5 A. Yes. 5 THE WITNESS: I don't know the answer to
6 Q. Department of Agriculture? 6 that.
7 A. Yes. 7 BY MR. GILBERT:
8 Q. Do you have a sense of how many are made 8 Q. You don't have an opinion or view as the
9 in a typical legislative session? 9 spokesperson on behalf of Commissioner Putnam and
10 A. Yes. So, in current legislative session I 10 the Department of Agriculture?
11 believe there's about 45 that have been filed. A 11 A. No. Ultimately, the legislature is
12 year before that I believe there were 57 filed. 12 responsible for funding. I don't.
13 Q. Is that typical? 13 Q. You don't hold a view one way or the
14 A. Yeah. There are a number every year. 14 other; is that what you're saying?
15 Q. How many get passed? 15 A. No. I think I've said repeatedly that if
16 A. A handful of those. I believe last year 16 the legislature appropriates the money, we will pay
17 of the 57 there were 13 passed. 17 it.
18 Q. Does that seem high on average? 18 Q. How many times do the Lee County
19 MR. GILBERT: Objection, relevance. 19 homeowners have to wait for the legislature to
20 THE COURT: Sustained. 20 consider this, without the Department of
21 BY MR. PARSONS: 21 Agriculture affirmatively requesting an
22 Q. If a claim bill is denied, does anything 22 appropriation through its annual LBR process to pay
23 preclude the claimant from trying again the next 23 these judgments?
24 legislative session? 24 MR. PARSONS: Argumentative.
25 A. No. 25 THE COURT: Overruled.

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Page 201 Page 203
1 THE WITNESS: Again, I don't know the 1 A. Yes.
2 answer to that. 2 Q. His lawyers prosecuted that case against
3 BY MR. GILBERT: 3 the state and ultimately prevailed; correct?
4 Q. You have been present with us all day in 4 A. Yes.
5 the court proceedings? 5 Q. Do you know when they got their judgment?
6 A. Yes. 6 A. Yes.
7 Q. You heard the testimony both by the 7 Q. When?
8 witnesses who testified in person as well as our 8 A. 2014 legislative session.
9 recitation of the testimony of some other state 9 Q. No. I'm sorry. You may have
10 agencies? 10 misunderstood me. Do you know when they won their
11 A. Yes. 11 case?
12 Q. You understand from some of the direct 12 A. I do not. I believe they -- I believe the
13 testimony that you just gave, that various lawsuits 13 final appeal was 2013.
14 involving inverse condemnation have been brought 14 Q. Correct. And in 2014, after that appeal
15 against other agencies of the state and resulted in 15 was upheld, upheld the original judgment, in 2014
16 judgments on behalf of those property owners? 16 the Court then awarded attorneys' fees to
17 A. Yes. 17 Mr. Basford's lawyers; correct?
18 Q. And you understand from the testimony 18 A. Yes.
19 you've heard and the evidence you've heard in this 19 Q. And in 2014, the same year, the Department
20 courtroom that in all of those situations, the 20 of Legal Affairs affirmatively requested that the
21 state agency involved has gone to the legislature 21 state legislature appropriate over a million
22 and sought an appropriation affirmatively to pay 22 dollars to pay those judgments off in full; isn't
23 those judgments? 23 that correct?
24 A. Yes. 24 A. I don't know that the Department of Legal
25 Q. So what is it about the Department of 25 Affairs affirmatively requested. That budget

Page 202 Page 204

1 Agriculture and Commissioner Putnam that sets them 1 started out in the Department's budget and ended in
2 apart from all these other agencies, that they -- 2 the -- ended up in the Department of Legal Affair's
3 that you, your agency and Commissioner Putnam don't 3 budget during conference that year.
4 feel any obligation like these other state agencies 4 Q. It started off in somebody's budget;
5 do to seek an appropriation to pay these judgments? 5 correct?
6 A. I do think that we are -- our situation 6 A. No. It started out in the Department of
7 and the Department of Transportation situation is 7 Agriculture's budget in the House and the Senate,
8 entirely different. This canker eradication 8 not as a budget request by the Department.
9 program is the only taking case that I'm aware of 9 Q. Did the Department of Agriculture make a
10 that our Department was involved in. The 10 request to pay Mr. Basford's judgment?
11 Department of Transportation last year had a 11 A. No.
12 $700 million budget for right-of-way acquisition. 12 Q. So originally what you're telling the
13 They're involved in that daily. This is a truly 13 Court is that somebody put it into the Department
14 unique situation for our Department. I do think it 14 of -- somebody in the legislature assigned it to be
15 is different. 15 paid from funds appropriated to the Department of
16 Q. Let's put the D.O.T. cases aside. You 16 Agriculture?
17 testified on direct examination about the pork 17 A. Yes.
18 producers situation and Basford Farms; correct? 18 Q. And it was then shifted so it was paid out
19 A. Yes. 19 of funds appropriated to the Department of Legal
20 Q. That was a pretty unique situation; wasn't 20 Affairs?
21 it? 21 A. Yes.
22 A. It was. 22 Q. And the Department of Legal Affairs was,
23 Q. There was an inverse condemnation suit 23 in fact, the agency of the state that was either
24 brought by Mr. Basford against the State of 24 the Defendant or the principal target of that suit?
25 Florida; correct? 25 A. I would assume so. The suit was against

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 52 (Pages 205 to 208)
Page 205 Page 207
1 the state, not the Department of Agriculture. 1 Commissioner Putnam and your department have not
2 Q. You cannot tell us, sitting here today, 2 affirmatively sought an appropriation to pay the
3 you cannot tell the Court whether that 3 Lee County judgments and the other-related
4 appropriation suddenly appeared out of thin air 4 judgments is that you all continue to disclaim any
5 through the goodwill of a legislator, or it was 5 responsibility for the adjudicated takings in these
6 affirmatively requested by another state agency, 6 cases?
7 i.e., the Department of Legal Affairs; can you? 7 A. No, I don't think so. I think we
8 A. I can't tell you that, but I would 8 recognize that the orders are final and we're
9 reason -- I find it highly unlikely that if the 9 responsible for those orders.
10 Department of Legal Affairs had requested that in 10 Q. Your commissioner continues to believe
11 their legislative budget request, I don't 11 that he's right and the Courts were wrong; isn't
12 understand why it would have ever started out in 12 that the case?
13 the Department's budget. 13 A. No.
14 Q. You're just speculating on that? 14 Q. He hasn't told you that?
15 A. Yes. 15 A. No, he has not. He has expressed
16 Q. Let's talk about -- so now we've put aside 16 frustrations publicly about the differences in
17 FDOT, we've put aside the pork producers amendment. 17 judgments, but he has not said that he thinks the
18 Let's talk about Department of Environmental 18 Courts are wrong.
19 Protection. You heard the testimony that came in 19 Q. You affirmatively requested -- when I say
20 through the affidavit of and the evidence that came 20 "you," I mean the Department, the Department
21 in through the affidavit of Lea Crandall earlier 21 affirmatively requested the matching $2 million as
22 today; did you not? 22 part of the Citrus Health Response Program that
23 A. Yes. 23 matches up with the federal government's $5 million
24 Q. And you understand that one of the 24 match; correct?
25 matters that FDEP reported on was an inverse 25 A. Yes.

Page 206 Page 208

1 condemnation case that was brought by the 1 Q. And as part of that, let me hand you
2 developers of Coral Bay against the FDEP; correct? 2 Department's 4, please.
3 A. Yes. 3 MR. GILBERT: May I approach the witness,
4 Q. And that that case was settled prior to 4 Your Honor?
5 trial by the FDEP agreeing to pay $7.15 million to 5 THE COURT: Yes, sir.
6 the property owner who brought the inverse 6 BY MR. GILBERT:
7 condemnation claim; correct? 7 Q. I'm handing you Department's 4. These are
8 A. Subject to an appropriation, yes. 8 the funds that were appropriated by the legislature
9 Q. Subject to an appropriation. And you 9 to the Department of Agriculture to operate the
10 understood from hearing me read a portion of that 10 Citrus Health Response Program for 2016/17;
11 settlement agreement that's in evidence, aloud, 11 correct?
12 that as part of that settlement agreement, the 12 A. Correct.
13 Department of Environmental Protection agreed to 13 Q. Now, turn to the third page of this
14 faithfully pursue in good faith the inclusion of 14 document, sir.
15 that 7.15 million as part of its 2006 budget 15 A. I'm there.
16 proposal; correct? 16 Q. Under the contractual section, am I
17 A. Correct. 17 correct in reading this that as part of these
18 Q. That's really the way that a department 18 appropriated funds which you testified in total
19 that has acknowledged its responsibility to satisfy 19 come to about $10 million, that they include
20 a constitutional takings judgment gets the claimant 20 $450,000 in funds appropriated to cover legal costs
21 paid; isn't it? 21 associated with the Department's defense of the
22 A. As a part of a settlement agreement and 22 claim here to recover payment of these judgments?
23 agreeing to pursue it as part of the settlement -- 23 A. That includes all of our canker cases, as
24 I'm not sure I understand the question. 24 well as any legal issue that may come up associated
25 Q. Isn't it true, sir, that the reason that 25 with Citrus Health Response Program.

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 53 (Pages 209 to 212)
Page 209 Page 211
1 MR. GILBERT: May I have Defendant's 5, 1 A. I don't know the answer to that.
2 please. May I approach, Your Honor? 2 Q. There is no answer to that; is there?
3 THE COURT: Yes, sir. 3 A. The Citrus Canker Eradication Program
4 BY MR. GILBERT: 4 started as a cooperative program with the USDA. I
5 Q. Handing you, sir, Defendant's -- 5 think it's reasonable to expect the USDA to help
6 Department's 5 in evidence, let me ask you to turn 6 with legal costs associated with those cases.
7 in Department's 5 to -- towards the back, I'm not 7 Q. True or false; Commissioner Putnam and the
8 sure how to give you the page, but it's to a 8 Department of Agriculture have never gone to the
9 schedule that looks very similar to the 9 federal government and asked it for permission to
10 Department's 4. It's the Citrus Health Response 10 use any funds associated with the Citrus Health
11 Program Continuing Resolution 1 Financial Plan. 11 Response Program to pay these folks' judgments?
12 A. Yes, I'm there. 12 A. No, I don't believe that has happened.
13 Q. And if you go to, again, the page for 13 Q. True or false; Commissioner Putnam and the
14 contractual services; do you see that? 14 Department of Agriculture have never gone to any
15 A. Yes. 15 federal agency and asked it for funds to pay these
16 Q. There it lists the legal section again, 16 judgments?
17 the legal expenses again; doesn't it? 17 A. No. And the vast majority of our
18 A. Yes. 18 agreements are with USDA, the same as the Citrus
19 Q. And would you read that first paragraph 19 Health Response Program partner.
20 of that section aloud, please, that starts with the 20 MR. GILBERT: May I approach, Your Honor?
21 word "used" and it ends with the word "program"? 21 THE COURT: Yes, sir.
22 A. It says, used to cover contracted legal 22 BY MR. GILBERT:
23 services of the law firm representing the program, 23 Q. Handing you Department's 8, sir, this is
24 ongoing litigation dating back to the controversial 24 the list of trust funds that the Department of
25 Citrus Canker Eradication Program as well as 25 Agriculture administers; correct?

Page 210 Page 212

1 judicial actions related to the Citrus Health 1 A. Correct.
2 Response Program. 2 Q. The balance in the Citrus Inspection Trust
3 Q. And the amount that has been allocated for 3 Fund for fiscal year '17-'18 is $7.9 million plus;
4 those purposes for the year 2016 through 2017, the 4 correct?
5 fiscal year that ended June 30, 2017, was $450,000; 5 A. That is correct.
6 correct? 6 Q. And the balance in the Division of
7 A. Yes. And, just for information, the 7 Licensing Trust Fund --
8 reason you see -- this is going to get in the weeds 8 A. Let me take that back. That was the
9 a little bit -- the federal government provides 9 balance on July 1st. Fund balance is really
10 funding on what's called a continuing resolution, 10 accumulated July 1st each year.
11 so it's piecemeal depending on how far out of a 11 Q. Thank you for the clarification.
12 budget they pass each year. That's why you see a 12 And the fund balance as of July 1st in the
13 few of these schedules. 13 Division of Licensing Trust Fund was $78.6 million;
14 Q. Let me ask you this. You describe the 14 correct?
15 purpose of the Citrus Health Response Program as 15 A. That is correct.
16 intended to help deal with the existential threat 16 Q. And in the Land Acquisition Trust Fund as
17 involving citrus greening? 17 of July 1st the balance was $15.2 million; correct?
18 A. Correct. 18 A. That is correct.
19 Q. And a number of other citrus diseases; 19 Q. Your testimony was that none of these
20 correct? 20 trust funds or any of the others that are listed on
21 A. Correct. 21 this page would allow for payment of the citrus
22 Q. How does paying the Department's legal 22 canker judgments that are entered in this case;
23 fees to fight payment of these homeowners' 23 correct, sir?
24 judgments help protect Florida citrus from citrus 24 A. Correct.
25 greening and other citrus diseases? 25 Q. What have you done to investigate, through

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Page 213
1 consultation with others within your Department or
2 elsewhere, whether or not these trust funds could
3 be used in any way, shape or form to pay the Lee
4 County judgments?
5 A. I haven't consulted others. I've reviewed
6 each of these trust fund statutes myself. Also, I
7 think it's worth noting that each time this
8 appropriation has shown up in the legislature, it's
9 been in general revenue. Clearly, I think that's
10 the most appropriate, that's the one that's
11 undesignated. Each of these trust funds in their
12 creation statutes or within their program statutes
13 has restrictions regarding how they can be used.
14 Citrus Inspection Trust Fund, for
15 instance, the funding comes from box taxes on
16 citrus inspections, or box taxes from the crop.
17 Those box taxes fund basically three activities;
18 citrus inspection, budwood protection and crop
19 forecasting activities.
20 The Licensing Trust Fund comes from
21 concealed weapons permits. It comes from
22 regulatory activities for recovery agents, security
23 agents and repossession agents. Statutes
24 associated with that trust fund basically say that
25 the expenditures from that fund have to relate to
Page 214
1 those programs.
2 Q. What about the Land Acquisition Trust
3 Fund?
4 A. Land Acquisition Trust Fund deals with the
5 Amendment 1 that was referred to as the Water and
6 Land Conservation Amendment that was passed, I want
7 to say in 2014 or 2015, basically dedicated 33
8 percent of the state's doc stamp revenues for
9 basically conservation, land management, water
10 quality type activities. That -- the revenues from
11 that trust fund within our Department come from
12 transfers from the Department of Environmental
13 Protection. They transfer over revenues to match
14 the budget we have in that trust fund. Any budget
15 that is unspent at the end of the year we have to
16 send the cash back to DEP. So despite this showing
17 a cash balance on July 1st, that's likely, was
18 subsequently sent back to DEP unless there was a
19 remaining budget out there that it could be spent
20 on.
21 Q. Mr. Buchanan, I don't mean to be
22 disrespectful in any way by these questions, but
23 you have made the decision on your own, based on
24 your own knowledge and experience and analysis,
25 that none of these trust funds has any gray wiggle
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54 (Pages 213 to 216)
Page 215
1 room, my term, in them, that would potentially
2 allow for payment, in whole or in part, of these
3 canker judgments, without seeking legal or other
4 advice from anyone else; correct?
5 A. That is correct.
6 Q. And the same answer would be correct, the
7 same would be correct with regard to your analysis
8 that you described earlier of the statutes that
9 relate to the five percent transfers and the use of
10 vetoed funds, the decision about what those
11 statutes allow or don't allow are decisions that
12 you, yourself, have made without consultation with
13 general counsel of the Department or anybody else
14 at other state agencies; correct, sir?
15 A. That is correct. But I will tell you, the
16 budget amendment processing system that every
17 budget amendment is submitted with literally has a
18 checklist of criteria that has to be checked, one
19 of them being whether this budget authority is
20 restoring a vetoed appropriation. I can't
21 physically submit an amendment if that's the case.
22 Q. You can't physically submit an amendment,
23 but I wasn't asking you about submitting an
24 amendment. I was asking you about checking and
25 seeking a legal opinion or an expert opinion or
Page 216
1 advice from a colleague in another state agency or
2 turning to the executive office of the governor or
3 someone else to say, hey, this is my analysis, I
4 think I'm right, but maybe I'm missing something,
5 do you see it differently. You have never done
6 that?
7 A. No, I have not.
8 MR. GILBERT: May I approach, Your Honor?
9 THE COURT: Yes, sir.
10 BY MR. GILBERT:
11 Q. You testified about Defendant's 7,
12 earlier, Department's 7 in evidence. That is the
13 Amendment 24 that you talked about Senator Flores
14 moving on the floor of the Senate and then
15 withdrawing; correct?
16 A. Yes.
17 Q. Sir, you testified that this was of great
18 concern to the Department because if this amendment
19 had passed, it would have resulted in funds being
20 taken from other important buckets within the
21 Department's budget in order to appropriate funds
22 to pay these judgments; correct?
23 A. That is correct. Mainly our Florida
24 Forest Service expense authority.
25 Q. And by the way, when I said "pay these
 55 (Pages 217 to 220)
Page 217 Page 219
1 judgments," we agree that I was referring to the 1 Beach or Orange, we weren't sure which one;
2 judgments in the Broward case? 2 correct?
3 A. Correct. 3 A. Yes.
4 Q. Because this is an amendment from back in 4 Q. And then you testified that in conference
5 2014? 5 and in the combined budget bill, Senate Bill 2500
6 A. Correct. 6 ultimately was adopted by the legislature, amounts
7 Q. And because you were concerned, your 7 to pay the Lee County and Broward County judgments;
8 Department was concerned about the potential loss 8 right?
9 of funds in buckets that you felt were critical to 9 A. Correct.
10 the Department, this would have been an amendment 10 Q. I've handed you what's been admitted into
11 that your Department would have opposed; correct, 11 evidence as Petitioners' 24; correct, sir?
12 sir? 12 A. Correct.
13 A. Yes. 13 Q. This is a briefing memo that was prepared
14 Q. You are not here to testify, and you're 14 by Commissioner Putnam's assistant in anticipation
15 offering no opinions as to why Senator Flores 15 of his meeting with Representative Albritton on
16 withdrew that amendment; are you? 16 March 14, 2017; correct?
17 A. No, not at all. 17 A. Correct.
18 Q. And you're not here to offer any opinion 18 Q. And March 14, 2017, would have been right
19 or testimony into why Representative Diaz withdrew 19 towards the beginning of the 2017 legislative
20 his -- his amendment in the House relating to the 20 session?
21 same appropriation to pay the Broward judgments? 21 A. Correct.
22 A. That's correct. 22 Q. Probably a week into session?
23 MR. GILBERT: May I have Petitioners' 24, 23 A. Yes. Session would have been that first
24 please. 24 Tuesday, so probably March 5th or 6th, if I had to
25 THE CLERK: (Handing to attorney.) 25 guess.

Page 218 Page 220

1 MR. GILBERT: May I approach, Your Honor? 1 Q. It's certainly within two weeks of the
2 THE COURT: Yes, sir. 2 opening of the session?
3 BY MR. GILBERT: 3 A. Yes.
4 Q. Handing you, sir, Petitioners' 24 in 4 Q. And so Commissioner Adam Putnam met with
5 evidence, Mr. Parsons asked you a number of 5 Representative Albritton within the first two weeks
6 questions about the, I'll call it the appropriation 6 of the session and Representative Albritton was the
7 process that took place last session vis-à-vis the 7 chairperson of the committee that ultimately passed
8 canker judgments. Do you recall that -- 8 on the proposal for the hundred million dollars in
9 A. Yes. 9 payments in appropriation to pay the judgments;
10 Q. -- on direct exam? 10 correct, sir?
11 A. Yes. 11 A. That's correct. The committee did not
12 Q. And essentially just to shortcut to where 12 hear the appropriations project bill. They did
13 we're going here; he asked you about -- you 13 provide an appropriation in their initial budget
14 testified that there was initially a proposal that 14 recommendation.
15 was submitted, HB, I think it was 3987? 15 Q. They did not hear, they did not give
16 A. Maybe 3767. 16 hearing to HB 3767 in the committee?
17 Q. Thank you, 3767, that was submitted with 17 A. Correct.
18 the worksheet for $100 million plus to cover the 18 Q. And, in fact, HB 3767 is specifically
19 judgments in all four counties; correct? 19 referenced in this briefing memo for Commissioner
20 A. Correct. 20 Putnam in anticipation of his meeting with
21 Q. And then you testified that there were, 21 Representative Albritton; isn't it?
22 out of committee, out of a committee that was 22 A. Correct.
23 chaired by Representative Albritton in the House, 23 Q. As we sit here today, you have no
24 came a proposal to pay the judgments in three of 24 knowledge one way or the other what Commissioner
25 the four counties; Lee, Broward and either Palm 25 Putnam discussed with Representative Albritton

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 56 (Pages 221 to 224)
Page 221 Page 223
1 regarding HB 3767 at that meeting on March 14, 1 judgments; correct?
2 2017; do you? 2 A. Yes.
3 A. I do not know. They could have talked 3 Q. And Exhibit Petitioners' 25 is an
4 about it. They may have not talked about it. The 4 interoffice e-mail that you circulated to your
5 purpose of these briefing sheets is informational 5 colleagues in the Department of Agriculture moments
6 so that the commissioner is prepared to talk about 6 after Governor Scott issued his list of vetoes on
7 any topics that may come up. 7 June 2, 2017; correct?
8 Q. Right. This was an informational briefing 8 A. That is correct.
9 memo prepared for the commissioner on issues that 9 Q. And the items that were part of the
10 would have been of concern to him and the 10 Department of Agriculture's budget are those that
11 Department in anticipation of his meeting with 11 are listed in bold typewritten font in Petitioners'
12 Representative Albritton? 12 25; correct?
13 A. Not necessarily of concern. 13 A. Correct.
14 Q. Of interest? 14 Q. Now, if I'm understanding your testimony
15 A. Yes. 15 on direct correctly, the governor's line item veto
16 Q. But you don't have any firsthand knowledge 16 of these $38 million in appropriations to pay the
17 of what Commissioner Putnam discussed with 17 Lee and Broward County judgments were re-allocated
18 Representative Albritton at that meeting concerning 18 during the special session in order to cover
19 HB 3767? 19 $76 million for Visit Florida and $85 million for
20 A. I do not. 20 Enterprise Florida; is that correct?
21 Q. And we obviously know that Commissioner 21 A. And a substantial amount for K through 12
22 Putnam is not here to tell us what he discussed, 22 education funding. If you recall, he vetoed that
23 either? 23 entire section of the budget with the intent being
24 A. That is correct. 24 that the legislature come back and increase that
25 Q. The last... after the House and Senate 25 education funding.

Page 222 Page 224

1 adopted SB 2500 with the $38 million in 1 Q. Well, clearly $38 million in
2 appropriations included to pay the Lee County 2 appropriations to pay the Lee and Broward County
3 judgments and the Broward County judgments, you 3 judgments were not sufficient to cover the
4 described for the Court that then the whole budget 4 education veto and the absence of an appropriation
5 went to the governor; correct? 5 in the original budget for Visit Florida and
6 A. That's correct. 6 Enterprise Florida; were they?
7 Q. And the governor had the budget for a 7 A. Correct.
8 couple of weeks. There's a specific timing 8 Q. So the governor vetoed about $400 million
9 sequence of how long he has to issue vetoes; 9 in line items, including $38 million that were --
10 correct? 10 that was appropriated to pay the Lee County and
11 A. That's correct. He has about 14 days from 11 Broward County judgments?
12 the time they give it to him. Now, it's not clear 12 A. That is correct.
13 on -- they can take their time in giving it to him. 13 Q. And when they came back into the special
14 Q. Right. The only deadline is that it's 14 14 session, that $400 million was re-allocated,
15 days from when they give it to him? 15 re-appropriated to pay, to appropriate $76 million
16 A. Yes. 16 for Visit Florida, $85 million for Enterprise
17 Q. So if they give it to him the day after 17 Florida, and the K through 12 education?
18 the session, it's 14 days from that, and if they 18 A. Yes. There may have also been additional
19 give it to him two weeks after the session, it's 14 19 funding for the Herbert Hoover dike. I seem to
20 days from that date? 20 recall that as well.
21 A. That's correct. 21 Q. Was the Herbert Hoover dike part of an
22 Q. And you testified that the governor 22 inverse condemnation claim?
23 vetoed, and we know from earlier today the governor 23 A. No.
24 vetoed the line items that related to 1437 A and B, 24 Q. Department's Exhibit 15 is the two-sheet
25 the two appropriations for Lee and Broward County 25 copy of the chair's proposed budget for fiscal year

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 57 (Pages 225 to 228)
Page 225 Page 227
1 2018/19 that includes proposed appropriations to 1 A. Correct.
2 cover the judgments in this case, Broward County, 2 Q. Commissioner Putnam is doing nothing?
3 Palm Beach County and Orange County; do you recall 3 A. Correct.
4 that? 4 Q. Let's talk a little bit about claim bills
5 A. Yes. 5 just at the end. Mr. Parsons asked you some
6 Q. As we sit here today, you do not have a 6 questions about claim bills. Some people call them
7 crystal ball that you can use to assure the Court 7 claims bills, but I think when you read the
8 one way or the other how that's going to come out? 8 literature, they're actually called claim bills.
9 A. I don't. The only thing I will say, and 9 How much experience have you had dealing
10 this is pure speculation on my part, typically 10 with claim bills in your current position?
11 issues that large that are funded in either the 11 A. Very little outside of tracking them
12 House or the Senate likely won't be resolved until 12 through the legislative process.
13 conference. 13 Q. Have you actively participated on behalf
14 Q. And conference was going to occur, based 14 of the Department in the claim bill process, other
15 on your testimony on direct, in a few weeks? 15 than tracking them?
16 A. Yes. 16 A. No, I have not.
17 Q. Towards the last week or two of the 17 Q. Do you know how the process works?
18 session? 18 A. Vaguely, yes. I believe there's a special
19 A. It would have to wrap up by Tuesday, 19 magistrate assigned the first year the claims bill
20 March 6th, for session to end on March 9th. 20 comes before the House or the Senate. I believe
21 Q. And there's various levels of how that 21 that operates similar to a court trial. Ultimately
22 conference takes place; aren't there? 22 that special magistrate makes a ruling in favor or
23 A. It works similar to the original budget 23 opposed. Clearly, a ruling in opposition hurts
24 development. So there are actually conference 24 that bill's chances from ultimately passing in the
25 subcommittees that work out the differences in 25 legislature. That's my understanding.

Page 226 Page 228

1 their areas. Any unresolved issues get bumped up 1 Q. You went to exactly the area I wanted to
2 to the big appropriations conference subcommittee. 2 talk with you about, so I'm glad that you
3 And then if there are any remaining unresolved 3 understand that part. You understand that a claim
4 issues, it gets bumped up to the speaker of the 4 bill is a completely discretionary act on the part
5 House and the Senate president. 5 of the legislature; correct?
6 Q. And the speaker of the House and the 6 A. Yes.
7 Senate president are the last line who resolve the 7 Q. In fact, some people refer to it as an act
8 biggest disputes or differences that haven't been 8 of grace. Have you ever heard that?
9 reconciled and resolved by their colleagues 9 A. I have not.
10 beforehand? 10 Q. You understand that as part of the claim
11 A. Correct. 11 bill process, a Special Master is appointed;
12 Q. And so literally almost four weeks from 12 correct?
13 now we could be in a position where this entire 13 A. Yes.
14 session has gone by, and there is still no 14 Q. And that Special Master, in your, to
15 appropriation that's been agreed to by both the 15 paraphrase your words, acts in some respects like a
16 House and the Senate to pay and satisfy the Lee 16 Judge and a jury to hear presentations or evidence
17 County judgments in this case? 17 about the claim bill request that's been presented;
18 A. Correct; or vice-versa. I mean, the 18 correct?
19 appropriation could be passed as well. 19 A. Correct.
20 Q. What is the Department of Agriculture and 20 Q. And you understand that that Special
21 Consumer Services and Commissioner Putnam doing to 21 Master in that capacity sitting as Judge and jury,
22 try and assist in support of this proposed 22 gets to make a recommendation whether to approve in
23 appropriation? 23 whole, approve in part, or reject in whole the
24 A. We haven't done anything thus far. 24 proposed the claim bill?
25 Q. So the Department is doing nothing? 25 A. Correct.

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 58 (Pages 229 to 232)
Page 229 Page 231
1 Q. You understand that that Special Master is 1 common form of claim bills that you're familiar
2 not bound at all by the judgment and the jury 2 with that you track are those involving judgments
3 verdict and the court decisions that have been made 3 that are over and above the amounts paid by risk
4 in the case that is then presented to him or her as 4 management on those types of claims; did I
5 a Special Master? 5 understand you correctly?
6 A. Yes. 6 A. On the Shuler case, which is the most
7 Q. So to use this case as an example, you 7 recent case that I recall tracking, that is the
8 understand from our prior meeting up in 8 case. I don't know if that's consistent across the
9 Tallahassee, this case has gone through two trials 9 board.
10 and an appeal and the judgments are no longer 10 Q. You understand that the Shuler case was a
11 subject to challenge in the courts; correct? 11 case involving negligence; correct?
12 A. Yes. 12 A. Yes.
13 Q. You understand based on your limited 13 Q. It's not a case that involved the
14 understanding of the claim bill process, that if a 14 constitutional taking involving inverse
15 Special Master presided over a claim bill relating 15 condemnation like ours; correct?
16 to these judgments, that she or he could disregard 16 A. Correct.
17 everything that took place in this lawsuit and 17 MR. GILBERT: Thank you. I have nothing
18 recommend that the claim bill not be paid at all; 18 further.
19 correct, sir? 19 THE COURT: Any follow-up?
20 A. Correct. 20 MR. PARSONS: I have no redirect, Your
21 Q. And that would be the end of that claim 21 Honor.
22 bill? 22 THE COURT: Thank you, sir. You may take
23 A. Not necessarily. We have a claim bill in 23 a seat. Please watch your step.
24 the Senate right now that had a bad Special 24 Mr. Parsons, your next witness, please.
25 Master's report. It's a case involving our forest 25 MR. PARSONS: Your Honor, I do not have a

Page 230 Page 232

1 service (unintelligible). 1 next witness. I have a few things I need to
2 THE COURT REPORTER: Excuse me? 2 address with the Court.
3 THE WITNESS: The Forest Service. They 3 THE COURT: Okay.
4 continue to file the claim bill. It's 4 MR. PARSONS: We talked about the
5 currently moving in the Senate as we speak. 5 legislative history decided by the Florida
6 BY MR. GILBERT: 6 Supreme Court in the ContractPoint case where
7 Q. You mean it came back in a successive year 7 the Court dug into the state archives to find
8 or years and tried again? 8 the tape recording of the Senate
9 A. Yes. 9 Appropriations Committee in March of 1991. I
10 Q. But if the Special Master rejected the 10 did the same thing and located that tape and I
11 claim bill in this session, it's done and over? 11 have burned it to a CD and I would like to
12 A. Yes. 12 offer it to Your Honor as law.
13 Q. And the claimant could come back the next 13 THE COURT: Do you have a transcript of
14 year and try again and hope for a different result? 14 it?
15 A. Yes. 15 MR. PARSONS: I have a transcript of the
16 Q. And if the Special Master said, you know 16 portions where the Senator speaks to Section
17 what, the jury and the Court awarded $14 million to 17 11.066.
18 Lee County homeowners, but I think they're only 18 MR. GILBERT: Your Honor, I have
19 entitled to $1.4 million, you understand that that 19 objections to these two documents, and I would
20 would be within the Special Master's discretion as 20 like to address them with the Court.
21 part of the claim bill process; correct? 21 THE COURT: Okay.
22 A. Yes. 22 MR. GILBERT: First of all, we object to
23 Q. Let me just flip through my notes. 23 the admission of these documents on the
24 You also understand, sir, that -- you 24 grounds of authenticity, on the grounds of
25 mentioned in your direct testimony that the most 25 hearsay. There is an appropriate process for

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Page 233
1 obtaining legislative history or tape
2 recordings of meetings that would inform
3 legislative history, and that can be done.
4 That hasn't been done in this case. So we
5 have no way of authenticating other than
6 taking Mr. Parsons' word for it that this is
7 the actual recording of this particular
8 meeting. There's no seal that I'm aware of of
9 the state archives or otherwise that would
10 indicate that this is the actual tape, and
11 also that this is an accurate transcription
12 from that tape that's been authenticated by a
13 state official.
14 But more importantly than that, the
15 Supreme Court has already considered the
16 legislative history of 11.066, 3 and 4. The
17 Supreme Court included in its opinion in
18 ContractPoint the relevant portions of the
19 legislative history that it felt were
20 pertinent and, as we both discussed during our
21 openings this morning, addressed the fact that
22 the impetus, one of the impetuses, impeti(ph),
23 for 11.066 were the earlier round of citrus
24 canker litigation.
25 So to the extent that the Court wants --
Page 234
1 believes it's necessary to rely on an
2 interpretation of the legislative history for
3 the statute, I would urge the Court to rely on
4 the Supreme Court's interpretation of that
5 legislative history drawn right out of the
6 ContractPoint decision instead of going to an
7 unauthenticated source.
8 If the Court wants to hear more and
9 consider this, I'll defer to the Court's
10 wishes, but I have concerns that this is,
11 again... I have no reason to doubt
12 Mr. Parsons' word for it.
13 THE COURT: I understand your objection.
14 This is a technical objection.
15 MR. GILBERT: This is not a proper way to
16 put in a tape recording from 27 years ago that
17 comes from the state archives.
18 THE COURT: Response.
19 MR. PARSONS: Number 1, Your Honor, I
20 offer this as law. This is the Supreme Court
21 cited legislative history is law. What I've
22 done is handing yourself a court decision.
23 Here it is. It's law for Your Honor to
24 interpret.
25 Number 2, in the alternative I move it
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59 (Pages 233 to 236)
Page 235
1 into evidence as an authenticated document.
2 It's authenticated by way of reference that
3 the Florida Supreme Court makes in their
4 decision to this exact tape.
5 THE COURT: So this was attached to the
6 decision?
7 MR. PARSONS: No, but they have the date
8 of the Senate Appropriations Committee.
9 THE COURT: I think one of his concerns,
10 how do we know this isn't you and a friend of
11 yours or whomever is on the tape talking, and
12 this is a full and accurate copy of what
13 transpired. I know you're not saying he made
14 it up.
15 MR. GILBERT: And I know it's not
16 Mr. Parsons and a friend. But what I am
17 concerned about is this; I don't know whether
18 it's the whole tape. I don't know whether
19 there are other parts of that committee
20 meeting where this issue didn't come up. But
21 without the full and complete tape of that
22 committee meeting, authenticated by the state
23 archives, which any of us can get, I can't
24 rely on the fact that it is the complete
25 legislative history.
Page 236
1 So if Mr. Parsons is asking the Court to
2 consider it, which is his right, I think he
3 should provide the Court with a duly
4 authenticated complete tape of the legislative
5 committee meeting where this recording was
6 made. He can obtain it from the state
7 archives and provide it to the Court with a
8 seal. And if it's the complete tape, it's the
9 complete tape.
10 THE COURT: I would need a transcript,
11 frankly, as opposed to the tape. So what I'm
12 going to do is sustain your objection, but if
13 you would like to get a copy of the transcript
14 and file it, I'll be happy to review it and
15 take notice of it.
16 MR. PARSONS: There is no transcript, Your
17 Honor. They literally sent me an audiotape,
18 so -- and the entire complete audiotape is now
19 burned to the CD that Your Honor holds in your
20 hand. I don't know what more I can do. I
21 represent to the Court it is accurate and that
22 the transcription was made in the following
23 manner: I found the -- listened to the entire
24 tape, found the portions on the tape that were
25 important, asked my secretary to, first of
 60 (Pages 237 to 240)
Page 237 Page 239
1 all, do the transcription. I then reviewed it 1 Supreme Court says A, B and C, it's A, B and C
2 word for word, corrected a few words. I then 2 in my book, notwithstanding what this might
3 double-checked my work. And since then, I've 3 say if this differs in some fashion.
4 listened it to again, and it is complete and 4 MR. GILBERT: I understand, Your Honor.
5 reliable. 5 THE COURT: But if he's saying, well, they
6 MR. GILBERT: I want to see if I 6 only talked about A, B and C and not X, Y and
7 understand correctly what Mr. Parsons just 7 Z, this might very well be relevant. Again, I
8 said. Is that DVD a complete copy of the 8 don't know.
9 entire committee meeting? 9 MR. GILBERT: That's why I would like the
10 MR. PARSONS: Yes. 10 opportunity to do that. And I will inform the
11 THE COURT: CD. 11 Court.
12 MR. GILBERT: CD, excuse me. A complete 12 THE COURT: So I'll give you the disk.
13 copy of the committee meeting which was burned 13 MR. GILBERT: I have it. He provided me
14 from a cassette tape that the state archives 14 with a copy.
15 sent to you? 15 THE COURT: Provided you trust there's
16 MR. PARSONS: Yes. 16 really no need to file the disk unless you
17 MR. GILBERT: And you listened to it and 17 want to.
18 have excerpted into the typewritten transcript 18 MR. PARSONS: I would like to, yes.
19 the portions that you believe relate to 19 THE COURT: Okay. Fair enough.
20 11.066. 20 So it's admitted subject to your review
21 MR. PARSONS: Yes, I know they do. 21 and approval.
22 MR. GILBERT: Right. But there's no parts 22 MR. GILBERT: Thank you, Your Honor.
23 that relate to 11.066 that you've omitted? 23 THE COURT: Anything else?
24 MR. PARSONS: Correct. 24 MR. PARSONS: Defendants rest.
25 MR. GILBERT: Your Honor, I will accept 25 THE COURT: Any rebuttal?

Page 238 Page 240

1 Mr. Parsons' representation subject to
2 listening to it myself.
3 THE COURT: Okay.
4 MR. GILBERT: I would like the opportunity
5 to do so. If the Court feels that it's
6 appropriate to hear it and to read it, that's
7 within the Court's discretion. Again, I would
8 go back to what I said about the ContractPoint
9 decision.
10 THE COURT: He has -- well, the Supreme
11 Court is my boss, and if they say it's to be
12 interpreted a certain way, that's what I'm
13 going to do absent a contrary decision
14 receding from that.
15 What I'll ask you to do is review this
16 tape. If you feel that this is an accurate
17 transcription and nothing needs to be added,
18 i.e., he didn't leave something out
19 inadvertently, and you're okay with this, just
20 let me know and I'll be happy to consider it.
21 MR. GILBERT: Understood.
22 THE COURT: But I'm not going to sit and
23 listen to the whole tape. Especially if it's
24 not germane to the issues at hand.
25 But relative to your other concern, if the
1 THE REPORTER: Is there a number on that?
2 THE CLERK: 12 on the CD and 13 on the
3 transcript.
4 (Thereupon documents were marked
5 Defendant's Exhibits 12 & 13 in evidence in
6 the proceedings)
7 MR. GILBERT: Rebuttal... no rebuttal,
8 Your Honor, at this point.
9 THE COURT: What I would like to do is
10 give you a few minutes to collect your
11 thoughts, confer with your co-counsel -- you
12 have been very quiet over here -- just to give
13 you an opportunity to discuss with one another
14 what you feel would be appropriate in terms of
15 what you're asking for (indicating), what
16 you're asking for (indicating), and what you
17 respectively feel is the appropriate avenue to
18 take from here on out.
19 MR. GILBERT: I'm not sure I understand.
20 When you say the relief we're asking for --
21 THE COURT: Sure. I want you to give your
22 closing argument after a short break and tell
23 me what it is specifically you're asking for
24 relative to the motion, and then I'm going to
25 ask you on this end, tell me what you feel is

Choice - United
 61 (Pages 241 to 244)
Page 241 Page 243
1 appropriate in terms of how do we remedy this 1 MR. GILBERT: $16,959,059.45. And for
2 situation. And then I might have some 2 every day that passes after today through the
3 questions for one or both of you depending on 3 end of March, the per diem is $2,199.60 more.
4 what you say, respectively. 4 And the only reason it's only calculated as a
5 How much time would you like? 5 per diem through March 31st is because the
6 MR. GILBERT: 15 minutes. 6 post-judgment interest rate fluctuates on a
7 MR. PARSONS: That's fine, Your Honor. 7 quarterly basis. Petitioners' Exhibit 19.
8 THE COURT: Fair enough. We'll start back 8 In the four, almost four years since the
9 up in 15 minutes. 9 original final judgment was entered in this
10 (Thereupon a brief recess was taken, after 10 case in August of 2014, more than $2.4 million
11 which the following proceedings were had:) 11 in post-judgment interest has accrued on the
12 MR. GILBERT: Your Honor, May It Please 12 principal amount of these judgments. That
13 The Court. 13 $16.95 million figure includes $2.4 million
14 THE COURT: Yes. 14 plus of post-judgment interest, because the
15 MR. GILBERT: First of all, thank you for 15 Department and Commissioner Putnam refuse and
16 making the Court available, the Court's time 16 have failed to pay the bill.
17 available to us, not only in this proceeding 17 The evidence that we've presented today is
18 today and over the past couple months since we 18 overwhelming. It shows that what we all know,
19 came back, but throughout the entirety of this 19 the judgments are final. Appropriation was
20 case. 20 sought. Appropriation was granted by last
21 Over lunchtime I was standing around the 21 year's legislature. It was vetoed. There is
22 corner looking out the window at the federal 22 no dispute about it.
23 courthouse, and I noticed what was written at 23 What really is most troubling, upsetting,
24 the top. Sorry... 24 and goes back, and is really what gets me
25 THE COURT: It's all right. 25 upset when I talk about this, is the utter

Page 242 Page 244

1 MR. GILBERT: The first duty of society is
2 justice. The state constitution and the
3 federal constitution are supposed to be
4 restraints on power of the government. They
5 are not supposed to be wielded by the
6 government as an arrow, as a spear, as a
7 knife, as a machete, to try to not only chop
8 down the property that these people had on
9 their residences, but to not only fight them
10 for more than a decade in the courts at every
11 turn, but then when they lose, and they lose
12 fair and square in a court of law in the
13 justice system, to then deny them justice by
14 paying them what the constitution
15 guarantees...
16 As we sit here today, as we stand here
17 before you today, there is no dispute about
18 how much is owed under the three judgments.
19 Petitioners' Exhibit Number 19 admitted into
20 evidence is a spreadsheet.
21 THE COURT: Do you know what the amount is
22 as of today's date?
23 MR. GILBERT: We know the amount exactly
24 as of today's date.
25 THE COURT: What is that, please?
1 arrogance, and I don't mean this personally
2 towards Mr. Buchanan, because we met in
3 Tallahassee two weeks ago and I find him to be
4 a very candid, honest gentleman, and I'm sure
5 he's just a good guy outside of the courtroom,
6 but the utter unbridled arrogance that our
7 government has demonstrated and continues to
8 demonstrate towards this class of citizens, in
9 this county and in the other four counties
10 where these judgments have been recovered --
11 THE COURT: We have about 11,800 people,
12 give or take.
13 MR. GILBERT: 11,811 families, property
14 owners.
15 THE COURT: How many are there total in
16 the state that now have final judgments?
17 MR. GILBERT: Approximately 58,000
18 families in Broward County, approximately
19 12,000 families in this county, approximately
20 22,000 in Orange County, and approximately
21 26,000 in Palm Beach County. That's 48 --
22 approximately 118,000 residential properties
23 owned by - the owners of approximately 118,000
24 residential properties in these four counties.
25 So what troubles us the most, what upsets

Choice - United

Page 245
1 us the most and what is the most telling about
2 this, and we think and hope it's clear from
3 the evidence presented, is that not only
4 hasn't there been an appropriation, there's
5 been a total absent, total lack of any effort
6 on the part of Commissioner Putnam and the
7 Department of Agriculture to even lift a
8 finger to try to obtain an appropriation, to
9 try to support an appropriation, to try to
10 secure an appropriation, to try and avoid a
11 veto of an appropriation.
12 He and his Department have gone out of
13 their way to do as little as possible because
14 they don't want to see an appropriation.
15 That's the only inference that be drawn from
16 this, if somebody is going to draw an
17 inference. Because the evidence shows, even
18 Mr. Buchanan acknowledges, when you make an
19 affirmative request as part of a legislative
20 budget request, it's got a greater meaning
21 than just relying on somebody else to ask for
22 it.
23 When the Department of Environmental
24 Protection wants to resolve an inverse claim
25 brought by a developer in Miami-Dade County,
Page 246
1 they affirmatively agreed to seek an
2 appropriation for over $7 million to pay the
3 judgment. When D.O.T. has inverse judgments
4 paid against it, whether out of appropriated
5 funds or not, they paid the monies, they even
6 put them in the court registry if there's an
7 appeal pending. But not this Department. Not
8 this Commissioner. They just don't want to do
9 it. They're going to be dragged kicking and
10 fighting until the day the money comes
11 through.
12 And I think Mr. Buchanan very candidly,
13 maybe unknowingly, explained why. This is a
14 unique situation. They have been held liable
15 for the destruction of private property under
16 their canker eradication program. They
17 acknowledge, reluctantly, that the Courts have
18 found against them. But even Commissioner
19 Putnam to this day can't accept the fact that
20 differing amounts of compensation have been
21 ordered to be paid in different courts,
22 because his Department asked for these cases
23 to be tried in different counties.
24 MR. PARSONS: Objection. That is not
25 shown by the facts, Your Honor.
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62 (Pages 245 to 248)
Page 247
1 MR. GILBERT: It is exactly in the
2 evidence, the testimony of the Department that
3 was filed, the full deposition.
4 THE COURT: Wasn't it the Department that
5 asked for all of the cases be broken up into
6 different counties?
7 MR. PARSONS: No, sir. We objected to
8 Judge Fleet in Broward County, respectfully,
9 annexing Dade County and including Dade County
10 in a certified class in Broward County. We
11 were open to talking about centralizing all
12 the cases in a different county if it were not
13 Broward County, frankly. And as this played
14 out, the Fourth District made the decision for
15 us when it ordered that each county, means one
16 class.
17 THE COURT: Okay.
18 MR. GILBERT: Revisionist history. It's
19 great to make that statement 16 years later.
20 The appellate briefs and the case don't bear
21 that out.
22 Your Honor, the Department's own internal
23 memo prepared by Mr. Parsons and the general
24 counsel make it clear in their words, not
25 mine, the judgment in this --
Page 248
1 THE COURT: What exhibit?
2 MR. GILBERT: This is Petitioners'
3 Exhibit 28, the second to the last page, where
4 they talk about the total owed in the canker
5 lawsuits as of March 2017 and they talk about
6 the amounts in Lee County being approximately
7 16.7 million. Quote, the judgments in this
8 case are collectible. They know it. They
9 recognize it. Mr. Buchanan can't tell us with
10 certainty whether they reserved it as a
11 liability. He came here not knowing that
12 today, but the Department's counsel recognizes
13 that the judgments in these cases are
14 collectible.
15 They have recorded the amounts due under
16 these judgments for purposes of inclusion in
17 the litigation Note 16, in the Annual
18 Comprehensive Financial Report of this state,
19 for liabilities that exceed $25 million. It's
20 there. They recognize that post interest is
21 running on all the judgments. They recognize
22 the amounts that are due.
23 Petitioners' 20 and 34, and 29.
24 Your Honor, I could go on talking about
25 different pieces of evidence, but we've had a

Page 249
1 one-day hearing. It's all fresh in the mind
2 of the Court.
3 I would like to talk about, in the few
4 moments I have left, what it is that needs to
5 happen here. And I would like to start by
6 quoting, by reading from the two, I think most
7 pertinent decisions that can inform this
8 Court's direction today.
9 The first comes from the Fourth District's
10 decision in Bogorff from 2016, 191 So.3d. 512.
11 And I'm reading first from Page 515 of that
12 decision; quote, we disagree with the
13 Department that the class must pursue a claim
14 bill. Had the legislature required a claim
15 bill, it would have said so. It did not.
16 Therefore, the class has fulfilled Subsection
17 3's directive, quote, to seek an appropriation
18 to pay the judgment, unquote.
19 Subsection 4, however, provides an
20 alternative remedy, and it has the quote from
21 Subsection 4 of the statute. It says,
22 notwithstanding Section 74.091, a judgment for
23 monetary damages against the state or any of
24 its agencies may not be enforced through
25 execution or any common law remedy against
Page 250
1 property of the state or its agencies and a
2 writ of execution, therefore, may not be
3 issued against the state or its agencies.
4 Moreover, it is the defense to an
5 alternative Writ of Mandamus issued to enforce
6 a judgment for monetary damages against the
7 state or a state agency, that there is no
8 appropriation made by law to pay the judgment.
9 That's the end of the internal quotation of
10 the subsection.
11 Going back to the opinion;
12 This provision allows a judgment creditor
13 to seek a Writ of Mandamus to enforce a
14 judgment for monetary damages. The Plaintiff,
15 referring to the Broward County class, has not
16 yet traveled this venue. The class argues
17 that the additional language of Subsection 3
18 that allows the state to defend a Writ of
19 Mandamus by arguing, quote, there is no
20 appropriation made by law to pay the judgment,
21 unquote, renders this option a fait accompli.
22 We disagree. Had the legislature decided
23 that a petition for Writ of Mandamus could not
24 secure payment, it would have said so, citing
25 Haskins v. City of Fort Lauderdale . It did
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63 (Pages 249 to 252)
Page 251
1 not. Subsection 4 provides yet another
2 alternative method for the class to obtain
3 payment of its judgment.
4 Now I'm going to pick up with the Supreme
5 Court's decision in Bogorff from this past
6 summer when we unsuccessfully sought to
7 overturn the governor's veto of these two
8 appropriations. And in her special
9 concurrence, Judge -- Justice Barbara Pariente
10 quoted from the Fourth District opinion in
11 Bogorff.
12 In this regard, I wholeheartedly echo the
13 words of Judge May, Judge Melanie May, who is
14 the Fourth District Judge who wrote Bogorff in
15 the Fourth District. Quote, since the
16 founding of our nation, the law has recognized
17 and required and enforced just compensation
18 when government takes private property. And
19 there's the quotation from Article 10, Section
20 6A. Indeed, the United States Constitution
21 contains a similar provision at Amendment 5.
22 The Florida Supreme Court has interpreted
23 the takings clauses of the United States and
24 Florida constitutions co-extensively, omitting
25 the citations. While the government -- and
Page 252
1 that's what is key here -- while the
2 government has the ability to establish
3 procedures for payment of its constitutional
4 obligation, it does not have the luxury of
5 avoiding it. Should the class fail in
6 obtaining a Writ of Mandamus pursuant to
7 Section 11.066(4), the constitutional issue
8 will ripen and the Courts will be left with no
9 choice but to enforce Article 10, Section 6A,
10 of the Florida Constitution.
11 The class obtained a money judgment for
12 property taken by the Department many years
13 ago. The Department does not contest the
14 class' right to receive full compensation.
15 The government must fulfill its constitutional
16 obligation to pay its debt, end of the
17 quotation from Bogorff in the Fourth.
18 Justice Pariente's closing sentences;
19 these Petitioners have the right to full
20 compensation. The time has come for the state
21 to pay up.
22 Your Honor, based on the evidence
23 presented to this Court, based on the two
24 Bogorff decisions and the legions of other law
25 that we've cited, we believe that the relief
 64 (Pages 253 to 256)
Page 253 Page 255
1 that this Court should grant should be as 1 happened, but under Section -- under a
2 follows: 2 traditional takings case, an eminent domain
3 We believe that the Court should declare 3 case under Section 74.091, it is expressly
4 Florida Statute Sections 11.066, Subsection 3 4 permitted to occur.
5 and 4, unconstitutional as applied to these 5 THE COURT: Do you have any asset in
6 constitutional takings judgments. 6 particular in mind?
7 We believe that the Court should issue a 7 MR. GILBERT: I don't know what asset I
8 Writ of Mandamus directed to Commissioner Adam 8 have in mind. The only one I recall from my
9 Putnam and the Florida Department of 9 deposition of the Department back in January
10 Agriculture and Consumer Services directing 10 was the state farmers market as being an asset
11 them to immediately pay all three judgments, 11 owned in the name of the Department of
12 including post-judgment interest to the date 12 Agriculture, but I do not have a specific
13 of payment, within 15 days in full, absent 13 asset in mind today.
14 which the Court will issue an order to show 14 THE COURT: Okay.
15 cause to hold Commissioner Putnam and the 15 Mr. Parsons.
16 Department of Agriculture in contempt. 16 MR. PARSONS: Thank you, Your Honor, for
17 And, finally, Judge, Section 74.091, which 17 your time and patience today in listening to
18 is part of the traditional eminent domain 18 the three witnesses and the two lawyers who
19 chapter of the Florida statutes, allows a 19 seem to have a lot to say about this issue in
20 property owner in a traditional takings 20 various terms.
21 proceeding, where the Department -- the 21 What did Plaintiffs promise in their
22 condemning authority fails to pay the judgment 22 opening argument that the facts would show?
23 in full, to execute on that judgment, to 23 A, they claimed that they could show that
24 execute against property of the condemning 24 Governor Scott vetoed the appropriation the
25 authority in order to satisfy that judgment. 25 legislature passed at the instance of the

Page 254 Page 256

1 And failing -- if this Court declares 1 Florida Department of Agriculture. There has
2 Chapter 11.066, Sub 3 and 4, unconstitutional 2 been no evidence of that in this proceeding.
3 as applied, and issues a Writ of Mandamus that 3 That first central theme of Plaintiffs has
4 is not complied with within the time set by 4 been a failure.
5 the Court, we believe that the Court should 5 Plaintiffs claim they would show a
6 then allow us to request issuance of a writ of 6 mechanism by which my client could, in fact,
7 execution so that we can then execute on the 7 pay the judgments despite a lack of the
8 Florida Department of Agriculture's property 8 appropriation. And, again, there has been a
9 in order to satisfy and pay these judgments, 9 failure. There has been no such showing there
10 as would indisputably be permitted in a 10 is any technical way my client can pay that
11 traditional taking, eminent domain takings 11 judgment.
12 proceeding. That is the relief that we seek 12 With that being said, Your Honor asked us
13 today. 13 to describe to you what we think Your Honor
14 THE COURT: Has that ever happened? 14 should order.
15 MR. GILBERT: To my knowledge, it's never 15 I suggest the following: Your Honor
16 happened, because the only time it was about 16 should not issue a Writ of Mandamus, for a
17 to happen was in the Conner v. Mid-Florida 17 variety of reasons; Number 1 being Section
18 Growers case where Judge Strickland, who 18 11.066, which anticipates this hearing by
19 Mr. Parsons referred to this morning, 19 providing in no uncertain terms, quote, it is
20 indicated that unless the judgments were paid 20 a defense to an alternative Writ of Mandamus
21 within a short period of time, he was going to 21 issued to enforce a judgment for monetary
22 issue a writ of execution allowing counsel for 22 damages against a state or a state agency,
23 the property owner to execute on the state 23 that there is no appropriation made by law to
24 farmers market in Hillsborough County. 24 pay the judgment, unquote.
25 So to my knowledge, it hasn't actually 25 That answers the question.

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Page 257
1 THE COURT: Doesn't that render Article 10
2 of the state constitution illusory, then?
3 MR. PARSONS: No, because there's other
4 avenues for payment, Your Honor.
5 THE COURT: What are they?
6 MR. PARSONS: Appropriation, claim bill.
7 Those are the two avenues.
8 THE COURT: We've already gone through the
9 appropriation process insofar as the record is
10 uncontradicted that Commissioner Putnam is
11 doing absolutely nothing to secure an
12 appropriation. They were unsuccessful in
13 their last efforts last year to get a claims
14 bill passed, or a special appropriation, I
15 should say.
16 MR. PARSONS: There was no claim bill,
17 Your Honor. Special appropriation is not --
18 THE COURT: But there's no guarantee a
19 claims bill would result in full payment; is
20 there?
21 MR. PARSONS: There's as much guarantee as
22 any guarantee of the legislative process
23 resulting in the --
24 THE COURT: So if we place the payment of
25 compensation in full under Article 10 in the
Page 258
1 discretion of the legislature, we're basically
2 eviscerating Article 10, Section 6A; aren't
3 we?
4 MR. PARSONS: The payment of full
5 compensation is always at the pleasure of the
6 legislature, Your Honor.
7 THE COURT: It's discretionary?
8 MR. PARSONS: It is not discretionary, but
9 the procedures by which the Claimants can
10 obtain payment is --
11 THE COURT: So basically, then, we're in
12 the circle roundabout where you get on as a
13 kid and you spin around in a circle and you
14 keep passing the stopping point and you keep
15 going and you hope sometime another kid is
16 going to stop you.
17 How do we know it's ever going to stop, or
18 they're just going to keep getting cycled on
19 the same process just to be told year after
20 year it's vetoed, it's vetoed. How does that
21 result in full compensation?
22 Looking at Section 6, Subsection A, which
23 is what they prevailed on, no private property
24 shall be taken except for a public purpose and
25 with full compensation therefore paid to each
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65 (Pages 257 to 260)
Page 259
1 owner or secured by a deposit.
2 We know the deposit hasn't happened, so
3 they're entitled to full compensation. But
4 what you're telling me is we leave it in the
5 discretion of the legislature who might just
6 say, you know what, we're going to take a
7 permanent pass and deny it every year. How
8 does that satisfy the constitutional
9 requirement that they receive full and just
10 compensation for property that's been taken?
11 MR. PARSONS: There are two avenues that
12 are available. Number 1 is the appropriation.
13 Your Honor says it didn't work. There's a
14 bill pending in the legislature at this moment
15 that would provide full compensation.
16 THE COURT: But that assumes that we, in
17 conference, reconciliation, we get that to
18 where that's put in there and then the
19 governor doesn't veto it again; right?
20 MR. PARSONS: Yes, sir. That's every bill
21 ever passed for an appropriation out of the
22 legislature forever. That is the way the
23 system, the Constitution of Florida works.
24 THE COURT: Well, that system has already
25 failed them last year, so what guarantee do we
Page 260
1 have that it's going to work this year,
2 because that's basically what you're telling
3 me is, let's cross our fingers and hope that
4 works. Meanwhile, the commissioner, from the
5 uncontroverted testimony, is doing absolutely
6 nothing, despite acknowledging it's a good
7 judgment, to ensure that these people are
8 paid.
9 MR. PARSONS: And their second option,
10 Your Honor, is a claim bill. There has never
11 been a claim bill brought by these Claimants.
12 THE COURT: Well, the Fourth District says
13 that that's not a necessity or a requirement;
14 don't they?
15 MR. PARSONS: It doesn't have to be a
16 requirement. I don't think it's a
17 requirement. It is an option available to the
18 Plaintiffs. Under Section 3, it's either an
19 appropriation or a claim bill.
20 THE COURT: Is a claim bill a guaranteed
21 100 percent payment on their judgment for
22 their full compensation?
23 MR. PARSONS: No, sir. No, sir. Your
24 Honor seeks guarantees in a world where the
25 world does not give us guarantees.

Page 261
1 THE COURT: But the problem is, it's the
2 constitution guarantees full compensation;
3 does it not?
4 MR. PARSONS: It does, Your Honor.
5 THE COURT: Okay.
6 MR. PARSONS: And there are avenues
7 available.
8 THE COURT: Don't all officers,
9 constitutional, judges, justices, legislators,
10 the governor, lieutenant governor and county
11 members take the Article 2 oath that they will
12 support, protect and defend the Constitution
13 of the United States and the State of Florida?
14 MR. PARSONS: Absolutely, Your Honor.
15 THE COURT: So, then, why hasn't
16 Commissioner Putnam done anything to secure
17 the appropriation? I guess that's my big
18 question. And I wasn't going to put this
19 gentleman on the spot, because I'm not a
20 European judge, but these are things I'm
21 thinking out in my head.
22 I still have to read through everything.
23 I'm not making a decision today because I
24 haven't reviewed everything. But the big
25 question in my mind is, there's an admission
Page 262
1 by all sides concerned that this is a good and
2 valid judgment, albeit he doesn't like the
3 numbers, but he's doing nothing to secure
4 payment of the full compensation for the
5 property that was taken here in Lee County.
6 MR. PARSONS: The commissioner is doing
7 what he's supposed to do; he's reporting the
8 judgments to the legislature, the source of
9 all fundings for all expenditures in Florida.
10 The Department doesn't have an independent
11 source of funding.
12 THE COURT: I understand that.
13 MR. PARSONS: Your Honor is saying that
14 the commissioner should be lobbying the
15 legislature. Your Honor, I don't know of any
16 duty for the commissioner to do that. We are
17 a court of law. We deal in rights,
18 responsibilities and duties. There is a duty
19 to pay this judgment, and that is the
20 legislature's duty. There is no duty for my
21 client to lobby the legislature for payment.
22 THE COURT: It's not my position, nor of
23 them nor of anyone else, as far as I'm
24 concerned, that he has an obligation to lobby.
25 But the testimony specifically asked of
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66 (Pages 261 to 264)
Page 263
1 Mr. Buchanan is what has he done to ensure
2 that the full compensation is being made, and
3 he said, nothing.
4 MR. PARSONS: He reports the judgments to
5 the source of funding for the judgments.
6 THE COURT: Okay.
7 MR. PARSONS: And, Your Honor, I can tell
8 by asking me these very difficult questions
9 I'm answering to the best of my ability,
10 thinks there is a --
11 THE COURT: They are difficult questions.
12 They're uncomfortable for everybody, including
13 me, trust me.
14 MR. PARSONS: Your Honor thinks there is
15 -- is considering whether there is an
16 affirmative duty on the commissioner besides
17 reporting the judgments. If there is such a
18 duty, we have never heard about it in four
19 years in this court on briefing the law and
20 the facts. The duty is the legislature's.
21 May I continue, Your Honor?
22 THE COURT: Yes, sir.
23 MR. PARSONS: I talked about Subsection 4.
24 Subsection 3 of 11.066 says something similar,
25 which is that the opportunities to be paid
Page 264
1 come through an appropriation or a claim bill.
2 I'll check that off my list and say what if
3 Your Honor declares 11.066 unconstitutional?
4 What do we default to? We default to the
5 state of the common law in the Second District
6 before the passage of the statute, the law
7 that's set forth in Conner versus Mid-Florida
8 Growers in 1989. The Second District said the
9 following in that case, remarkably similar to
10 this case. They said, it is true in the
11 present case that the obligation to pay at
12 least part of the judgment no longer can be
13 honestly debated. However, there remains a
14 dispute whether the Department has the present
15 ability to pay. This, too, should be
16 demonstrated before the preemptory writ may
17 issue.
18 That's direct controlling authority on
19 this Court that a present ability of my client
20 must be found by this Court. Your Honor must
21 make that finding before Your Honor can issue
22 a preemptory Writ of Mandamus.
23 So have facts been shown there is a
24 present ability to pay by my client? Well,
25 no. Every fact points to quite the opposite.

Page 265
1 There is no appropriation to pay this
2 judgment. There was one. We know exactly
3 what it looked like. It was vetoed. There is
4 no other source to dip into. You can't go
5 into a state trust fund. You can't go into a
6 federal grant. You can't go into general
7 revenue.
8 According to Mr. Buchanan, those are off
9 the table for very logical reasons he's
10 expressed. So there's simply no present
11 ability to pay by my client in this situation.
12 The form of any potential Writ of Mandamus
13 should be discussed. Mr. Gilbert suggests an
14 order simply directing the Florida Department
15 of Agriculture to pay. That's ruled out by
16 the Conner v. Mid-Florida Growers case.
17 The other option presented in the
18 complaint is an order from my client to
19 request the chief financial officer to pay the
20 warrant for the judgment. Mr. Buchanan's
21 testimony is that there is no mechanical way
22 to make that happen. It would be a very,
23 perhaps very cute to make the request, knowing
24 full well it would be denied by the CFO,
25 because there's no source of funding
Page 266
1 available.
2 My client has not gone in that direction.
3 We present to your court the honest and
4 correct state of the situation, which is that
5 no good faith honest request to the CFO can be
6 made now to pay those judgments without a
7 source of funding.
8 The final option that seems to have kind
9 of bubbled to the surface in this hearing is
10 the possibility of Your Honor ordering
11 inclusion of a request in my client's
12 legislative budget request, which has been
13 made for the coming fiscal year but would be
14 made again for the 2019/2020 fiscal year. We
15 briefed this in our memorandum of law. It
16 would violate, respectfully, the issue, the
17 separation of powers for the Court to intrude
18 upon the discretionary activities of the
19 Department in requesting funding.
20 THE COURT: I don't disagree. I can't
21 tell him what to do in that regard, just as I
22 can't tell the legislature to make an
23 appropriation that's within their purview.
24 MR. PARSONS: Yes, Your Honor.
25 THE COURT: I understand that.
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67 (Pages 265 to 268)
Page 267
1 MR. PARSONS: Your Honor, frequently by
2 your questions, I know you were thinking, if
3 Your Honor can't do something to order this
4 situation fixed, who can do something to order
5 this situation fixed.
6 I think that the Florida Supreme Court
7 kind of answered that question when the
8 Petitioners sued Rick Scott back in July, June
9 and July of 2017, and the issue went to the
10 Court about whether they should, through
11 judicial action, override or nullify Governor
12 Scott's veto. And Mr. Gilbert read from Judge
13 -- Justice Pariente's concurring decision,
14 which has no value as an aid as precedent in
15 this court, but of course there's a decision
16 of the Court, itself, which denied the Writ of
17 Mandamus. It's interesting because the Court
18 quotes Section 11.066, 3 and 4, recognizing
19 it's an impediment to the relief being issued.
20 But then they say the following: We
21 hereby dismiss this petition without prejudice
22 to seek redress in the pending Circuit Court
23 decisions. The respective Circuit Courts may
24 issue the relief requested if those Courts
25 determine that relief is commanded by the
Page 268
1 facts and the law. In other words, the
2 Supreme Court is, you might say, conditionally
3 declining to issue a Writ of Mandamus because
4 it wants to see what the Courts in Lee County
5 and Broward County are doing first in
6 exhaustion of remedies.
7 If Your Honor declines to issue an order
8 in this case, as I respectfully suggest you
9 should, that's not the end of the matter.
10 That ripens the matter for the Second District
11 and ultimately for the Florida Supreme Court,
12 as we work our way up the appellate ladder.
13 Far from being the end of the -- the end of
14 the story for the homeowners in this case, it
15 may be the beginning of the story, because
16 you're checking off a box the Florida Supreme
17 Court has indicated has to be checked off
18 before the Florida Supreme Court gets
19 involved.
20 Thank you, Your Honor.
21 THE COURT: Thank you, sir.
22 Any follow-up?
23 MR. GILBERT: Just one word about the
24 Bogorff decision from the Supreme Court. To
25 be clear, what the Bogorff decision in the

Page 269
1 Supreme Court was, denying without prejudice,
2 our request to overturn the veto by the
3 governor. It was not to issue a Writ of
4 Mandamus directed to the Department of
5 Agriculture. I'm sure the Court is aware of
6 that, but I want the record to be clear, that
7 the relief sought in this case was solely
8 directed to overturning the veto, and the
9 Supreme Court, in declining to do that,
10 indicated that Petitioners could pursue the
11 remedies in the Circuit Court actions to seek
12 appropriate relief against the Department of
13 Agriculture. And that's why we're here.
14 THE COURT: He has indicated that a
15 requirement be that I find they have the
16 ability to pay and they're essentially
17 refusing. Do you share that position?
18 MR. GILBERT: I do not share that
19 position -- that view for two reasons. Number
20 1 is, you can't have an ability -- an
21 inability -- you can't have an ability to pay
22 when you haven't sought the funds to pay with.
23 It's almost axiomatic that you can't have the
24 funds to pay if you haven't asked for them.
25 And if you haven't asked for them, you won't
68 (Pages 269 to 272)
Page 271
1 Department, that would generate the revenues
2 to satisfy these judgments.
3 But there cannot be a situation where they
4 avoid paying the bill because they don't seek
5 the appropriation, and then claim that you
6 can't issue the writ because they don't have
7 the present ability to pay. It doesn't end up
8 satisfying what I started with, that the first
9 duty of society is justice.
10 THE COURT: All right. Thank you, folks.
11 I'll reserve on everything. Have you all sent
12 proposals?
13 MR. GILBERT: We haven't sent proposals.
14 THE COURT: Okay. If you would like to
15 generate proposals, I would be happy to
16 consider them. I'm in trial through the rest
17 of the week up until Friday so I'm not going
18 to have time to really start looking at things
19 until Friday. So if you would like to work on
20 some proposals, please do.
21 Otherwise, I'll start looking through
22 everything, and if you'll go over that
23 transcript, listen to everything, let me know.
24 Obviously copy Mr. Parsons that you're okay
25 with it. If you have an issue, state it in

Page 270 Page 272

1 have them. 1 writing and I'll let you respond and then I'll
2 So you likened it to the, sort of a 2 consider that further. But I have a lot to go
3 merry-go-round. I was thinking about it more 3 through in terms of transcripts and other
4 like a gerbil cage; because you put the gerbil 4 things, too, so --
5 in that thing and they're just running around 5 MR. GILBERT: When would you like us to
6 and they're never going to get off the wheel 6 submit the proposals to the Court?
7 because it's just intended to keep them 7 THE COURT: How much time would you like?
8 running in place. 8 Ten days?
9 So they sit there and they don't ask for 9 MR. GILBERT: Ten days is fine.
10 the appropriation, they don't get the 10 MR. PARSONS: Perfect, Your Honor. Thank
11 appropriation, they claim they can't pay 11 you.
12 because they don't have the appropriation. 12 THE COURT: All right. In the meantime, I
13 And so the Court could address it, I 13 would encourage -- I would encourage you to
14 believe, this way: The Department has 14 talk, but there's not much talking. I can't
15 property, and the Department receives revenues 15 force the commissioner to go ask for
16 during the course of the year. If they are 16 appropriations and lobby the legislature, but
17 correct that a Writ of Mandamus cannot issue 17 we might very well find ourselves in a
18 because they don't have a current 18 constitutional crisis of some kind in the near
19 appropriation, and if you declare this 19 future if this isn't resolved. So all I can
20 statutory construct to be unconstitutional as 20 say is do what you can on both ends.
21 applied, then the only way to compel payment 21 Thank you both.
22 on these judgments would be to allow the 22 MR. GILBERT: Thank you.
23 Petitioners to issue an execution, as could be 23 MR. PARSONS: Thank you, Your Honor.
24 done in a traditional takings case, and to 24 (Thereupon, the hearing was concluded at 4:55
25 execute on receipts or property or both of the 25 p.m.)

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Page 273
1 CERTIFICATE OF REGISTERED PROFESSIONAL REPORTER
2
3 STATE OF FLORIDA:
SS.
4 COUNTY OF LEE:
5
6 I, ROBERT WOLINSKY, CM and Registered
7 Professional Reporter, do hereby certify that the
8 case of Dellaselva vs. Dept of Agriculture,
9 pending in the above-styled court, was heard before
10 the Hon. Keith Kyle, as Judge, on February 6, 2018
11 and that the foregoing pages, numbered from 1 to
12 273 inclusive, constitute a true and correct
13 transcription of my shorthand report of the
14 proceedings.
15
16
17 IN WITNESS WHEREOF I have hereunto affixed my
18 hand on 02-13-2018.
19
20
21
22 ___________________________________
Court Reporter
23
24
25

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A acknowledges 144:22 148:13 affidavit 75:18 192:7 201:21 202:3

Aaron 59:14 245:18 159:9 164:24 171:5 117:23 127:5 130:5 204:23 205:6
ABA 78:25 acknowledging 260:6 183:17 224:18 132:24 133:1 143:5 211:15 216:1 250:7
ABC 141:6 acquainted 79:3 250:17 144:11,14 205:20 256:22
ability 15:19 21:13 acquisition 202:12 address 23:5 183:3 205:21 agents 213:22,23,23
131:8 252:2 263:9 212:16 214:2,4 232:2,20 270:13 affidavits 126:23 ago 8:16 13:20 15:6
264:15,19,24 acronym 60:24 addressed 64:19 127:2,22 128:17 32:24 46:22 59:7
265:11 269:16,20 137:11 233:21 130:3,4,6,11 131:6 61:21 67:23 70:18
269:21 271:7 act 21:2 58:11 73:18 addressing 17:8 131:10,16,21 132:7 73:15 99:25 104:11
able 10:15 23:4 66:6 145:15 152:4,6 adequate 175:13 133:2,22 134:4,18 104:12 173:10
80:10 163:16 154:6,11,12 170:12 adjudicated 8:16 affirmative 35:17,19 174:18 185:15
above-entitled 1:17 171:2,4,14,18 60:14 207:5 65:17,25 66:4 197:4 234:16 244:3
above-styled 1:21 172:16 173:8 adjunct 78:24 71:25 73:2,18,22 252:13
273:9 174:18 177:23 adjust 152:22 245:19 263:16 agree 6:9 41:23 42:2
absence 224:4 181:12,20,22,25 adjustment 25:20 affirmatively 23:18 42:7 57:14 58:6
absent 13:2 24:7 182:2 186:6 192:11 adjustments 7:24 25:14 28:16 61:16 65:14,15,21,22 66:3
108:1 238:13 245:5 192:16 228:4,7 25:24 73:17 143:25 70:4 71:9 95:9
253:13 acting 96:3 97:22,24 administer 139:12,14 200:21 201:22 119:15 144:21
absolute 120:17 action 17:19 18:2 139:19 203:20,25 205:6 147:24 217:1
absolutely 28:17 33:7 54:14 81:7 85:12 administered 140:6 207:2,19,21 246:1 agreed 30:18 33:20
35:24 42:9 100:9 96:11,14 97:16 administering 138:25 affirmed 8:17 73:16 122:1 143:4
123:9 257:11 260:5 98:3 124:25 163:25 administers 211:25 affixed 273:17 145:13 186:23
261:14 267:11 admissibility 109:2 afternoon 122:12 206:13 226:15
accept 127:23 143:4 actions 10:22 25:11 122:17 123:20 128:1 149:7 246:1
237:25 246:19 95:23 96:15 97:21 admission 6:10 75:10 149:8,9 199:21,22 agreeing 206:5,23
acceptable 21:7 144:23 210:1 125:22,25 126:2 Ag 68:15,24 70:2,8,9 agreement 6:15,21
accepted 123:22 269:11 145:13 232:23 154:19 171:9 172:4 9:18 21:7 43:13
access 114:8 active 102:22 261:25 180:20 185:13 45:14,16 48:17
accompanying actively 16:20 25:16 admit 128:23 187:11 51:22 53:6 58:19
179:19 28:17 227:13 admitted 30:25 33:20 agencies 9:19 48:13 75:11 87:9 117:17
accompli 250:21 activities 152:18 60:12 117:16 122:5 61:4 80:23 81:4,14 121:3,5,16 134:19
accomplished 184:5 159:3 160:9,24 126:9,15 134:19,24 81:24 82:2,8 98:11 143:23 144:16,25
account 155:20 156:8 213:17,19,22 137:20,21 140:13 99:24 105:12,17,21 157:2,5 166:6,8
188:21 214:10 266:18 141:1,15 143:6 106:11 135:20 206:11,12,22
accountant 150:1,3 acts 129:18 228:15 175:18 178:17 139:3,20,24 151:16 agreements 88:14
accounted 156:21 actual 37:24 46:16 187:6 196:6 219:10 152:13 154:10 156:25 211:18
accounting 43:23 233:7,10 239:20 242:19 172:7,11 201:10,15 agrees 42:10
47:10 52:16 53:17 actuarial 139:21 adopted 66:19 151:7 202:2,4 215:14 Agriculture 1:12
53:25 142:5 149:24 Adam 5:24 9:1 29:22 151:22 152:2 219:6 249:24 250:1,3 5:24 7:21 9:1 13:18
150:19,21 188:2,5 29:25 32:11,14 222:1 agency 17:14 33:4 15:19 26:11,20
accounts 155:18,24 33:3,8 55:1 56:20 advance 38:2 40:6,14 41:3,6 29:4,6 30:21 31:19
156:14 72:23,25 195:12 adversarial 129:24 42:23,24 88:23 32:7 33:13 34:9
accrued 138:10 220:4 253:8 advice 215:4 216:1 90:15 91:9,18 35:4,11,17 36:12
243:11 add 35:20 67:11 advised 106:13 96:23 98:6,20 99:1 38:1,21 40:13
accumulated 212:10 70:15 107:12 99:4,8,10 100:14 41:12,15,22 42:6,13
accurate 23:6 133:15 added 238:17 advising 65:18 107:6 101:2 106:24 107:1 44:5 47:4,16 52:17
233:11 235:12 addition 27:3 90:12 affairs 40:3 41:7 107:3,10 112:13 54:4 55:2 56:17,21
236:21 238:16 121:9 158:18 49:13 59:16 194:6 135:19 136:9,20 57:6 59:2,11 60:2
acknowledge 60:3 166:22 203:20,25 204:20 137:3 141:10 152:7 61:3 63:14 64:22
97:19 246:17 additional 75:10 204:22 205:7,10 154:15 163:25 65:2 66:19 67:9,20
acknowledged 109:22 120:8 121:4 Affair's 204:2 166:20,25 168:2 68:2,9 69:7,18 73:1
206:19 121:6,6 124:12 affect 170:5 189:4,14 191:1 73:21 75:13 79:10

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79:16 95:24 98:1 altered 162:20 and/or 140:7,10 appeared 17:1 27:7 35:1 37:13 39:18
107:23 136:5 alternate 22:22 angels 129:19 205:4 40:7,8 41:18 42:17
137:16,24 138:7,8 alternative 12:3 Anitere 127:1 appearing 47:13 42:17,25 55:15
139:23 140:1,9,23 15:11 124:16 annexing 247:9 appellate 27:17,18 57:20 58:10 61:7
150:17 151:25 126:13 147:1,2 annotate 145:23 51:12 126:6 247:20 63:11 64:11 65:3
152:9 159:25 162:6 173:5,6,6 234:25 annual 35:6 43:7,10 268:12 65:10,11,17 68:22
167:6 170:5 198:6 249:20 250:5 251:2 44:1,18 45:18,25 application 68:17 69:23 71:25 73:2
200:10,21 202:1 256:20 49:12 52:11 61:4,6 69:3 115:15 174:22 73:17,23 83:21
204:9,16 205:1 amend 41:11 173:7 61:15 63:17 64:22 applications 68:18 85:6 86:5 87:4 89:4
208:9 211:8,14,25 178:4 64:25 70:10 72:1 69:8 90:9 99:7,13 107:7
223:5 226:20 245:7 amended 122:11 72:10 73:9 136:22 applied 11:7 12:9,13 107:14 108:2
253:10,16 255:12 123:12 124:4,10,20 137:2,6,14,15 144:1 12:20 17:15 18:2 115:24 116:5
256:1 265:15 269:5 125:1,11 151:10 168:13 109:6 124:17 253:5 127:12 132:18
269:13 273:8 amending 174:17 169:4 200:22 254:3 270:21 136:21 142:3,9,24
Agriculture's 9:23 amendment 40:20 248:17 apply 24:17 96:7,11 144:1,3,6 145:12,15
36:1 39:3 53:20 163:1,3,5 164:4,19 annually 137:6 96:13,15 97:20 145:17,18 146:10
63:3 64:10 71:2,24 170:13,16,25 171:1 139:21 152:19 98:2 165:20 146:19,20,24 147:4
138:15 140:18 171:6,14,18,22 answer 20:5 47:7,12 appointed 228:11 148:4,5,7 151:19
204:7 223:10 254:8 173:19,20 174:17 55:11 57:22 70:25 appreciate 25:5 153:21 154:16,22
ahead 6:6 83:4 118:1 174:25 175:8,12,23 72:20 73:14,25 28:10 58:3 72:20 156:3 163:24
120:7,16 199:13 176:9,13,16,20,23 132:5 141:25 142:7 apprised 74:1 164:13,14,16 165:6
aid 267:14 177:5 178:3 193:9 142:10 147:15 approach 109:18 166:11,14,17,20,23
aide 102:19 193:10,11,15,20 200:5 201:2 211:1 161:3 208:3 209:2 173:8,17,21 174:12
air 205:4 194:2 196:1 205:17 211:2 215:6 211:20 216:8 218:1 175:14 181:6,9,25
al 1:8,12 214:5,6 215:16,17 answered 42:20 appropriate 16:12 188:14 189:11,20
Alachua 108:11 215:21,22,24 72:21 100:23 267:7 25:17 33:2 35:12 190:1,16,18 191:7
albeit 262:2 216:13,18 217:4,10 answering 263:9 36:14 38:22 61:17 191:19,25 192:2,10
Albritton 181:2 217:16,20 251:21 answers 73:15 63:12 110:3 125:13 192:19 193:20
185:14 218:23 amendments 141:8 256:25 129:14 144:24 194:9,17 195:6,24
219:15 220:5,6,21 162:23 163:22 anticipate 31:7 90:25 153:4 173:22 196:15,17,22
220:25 221:12,18 164:19 171:3,23,25 120:3 189:10 190:20 200:22 201:22
Alex 127:5 180:17 172:19 177:24 anticipates 256:18 191:19,25 203:21 202:5 205:4 206:8
alleged 94:2,25 186:2 anticipation 219:14 213:10 216:21 206:9 207:2 213:8
allocated 147:13,17 amount 30:17 64:4 220:20 221:11 224:15 232:25 215:20 217:21
210:3 65:23 88:15,15 anybody 49:6 169:17 238:6 240:14,17 218:6 220:9,13
allocation 173:18 90:22 126:4 139:9 190:23 215:13 241:1 269:12 224:4 226:15,19,23
allow 40:17,19,20 144:8 145:17 185:2 anytime 72:8 171:1 appropriated 17:3 243:19,20 245:4,8,9
41:9 111:3 118:15 210:3 223:21 anyway 114:13 41:11 66:21 67:7 245:10,11,14 246:2
159:15 162:24 242:21,23 243:12 apart 202:2 147:18,19,21 155:4 249:17 250:8,20
164:5 165:11 amounts 8:21 27:10 apologize 123:1 165:4 193:17 194:5 255:24 256:8,23
166:17 175:17 27:13,16 34:23 apparent 18:3 204:15,19 208:8,18 257:6,9,12,14,17
190:2 212:21 215:2 44:25 47:4,16 apparently 9:4 208:20 224:10 259:12,21 260:19
215:11,11 254:6 54:13 60:11,13,19 190:11 195:22 246:4 261:17 264:1 265:1
270:22 65:19 66:2 67:17 appeal 8:17,18,20 appropriates 33:10 266:23 270:10,11
allowed 77:21 108:10 67:18,22 135:25 23:24 51:18 140:21 33:15 34:11 55:13 270:12,19 271:5
163:2 136:6 147:9 182:19 143:16 194:4 200:16 appropriations 18:8
allowing 162:1 198:1 219:6 231:3 203:13,14 229:10 appropriation 9:12 20:20 21:2 25:20
174:25 254:22 246:20 248:6,15,22 246:7 9:13 18:18 19:7,22 58:11 62:6 152:4,5
allows 125:5 163:8 analogous 21:5 appealed 14:25 20:10 21:23 22:7,8 152:6 153:5,16
250:12,18 253:19 analysis 95:25 96:12 appeals 146:7 22:12,14,21,22 25:9 154:5,11,12,13
aloud 50:8,18 206:11 214:24 215:7 216:3 appear 142:11 25:19 27:21,25 156:2,23 157:3
209:20 analyst 53:24 150:18 appearances 2:1 5:2 28:13,20 33:6,7 163:20 164:21

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170:12 171:2,14,18 133:20 240:22 associated 8:1 67:13 151:8 187:22 183:2,15 184:1
172:6,12,13,16 255:22 86:3 155:25 208:21 authorizing 11:2,23 186:11 194:1,8
174:18 177:23 Argumentative 200:3 208:24 211:6,10 136:5 188:11 209:7,24 212:8
178:3 179:10,22 200:24 213:24 automatically 157:23 214:16,18 217:4
180:1,4,21 181:12 arguments 24:3 Association 68:23 availability 174:13 223:24 224:13
181:20 182:2,6,10 100:10 assume 204:25 174:13 230:7,13 238:8
184:7 185:13,21 army 77:7 102:20,21 assumed 90:24 available 101:5 241:8,19 243:24
186:6 187:12 102:25 113:14 assumes 259:16 174:10 241:16,17 250:11 255:9 267:8
192:11,15 220:12 arrest 130:18,23 assuming 47:19,23 259:12 260:17 backdate 122:24
222:2,25 223:16 arrogance 244:1,6 assure 225:7 261:7 266:1 background 77:4,4
224:2 225:1 226:2 arrow 242:6 attached 52:19 avenue 240:17 83:3,7 102:14
232:9 235:8 251:8 Article 8:9 10:18 125:13 126:20,22 avenues 58:10 257:4 149:11
272:16 251:19 252:9 257:1 127:1,3,4,22 130:5 257:7 259:11 261:6 backup 5:19
approval 67:25 145:5 257:25 258:2 143:6 161:10 180:2 average 198:18 bad 149:10 229:24
239:21 261:11 235:5 avoid 245:10 271:4 balance 188:20 189:5
approve 21:15 articles 78:12,14 attempt 100:10 107:1 avoided 100:15 212:2,6,9,9,12,17
228:22,23 aside 68:6 202:16 132:17 177:18,25 avoiding 90:18 252:5 214:17
approved 27:21 205:16,17 attempted 14:4 28:18 avowment(ph) 116:7 balanced 171:4
41:19 66:17,20 asked 13:16 26:24 173:9 award 63:18 161:10 balances 184:22
67:19 68:3 70:8 42:19 43:3 49:4 attempting 166:25 161:11,20,23 ball 225:7
151:23 174:22 71:20 98:17 104:14 attention 170:7 179:5 awarded 8:21 27:11 bar 57:7 78:25 91:10
181:12 192:22,23 114:3 122:14,18 attorney 25:22 40:15 27:12,16 44:25 91:20 92:3 103:22
approver 37:20 125:18 130:17 41:5 77:5,17 93:23 54:13 60:11,20 104:7 105:23
approves 36:25 132:11 134:10 102:16 217:25 85:22 88:16 136:6 Barbara 251:9
approving 165:2 147:5 169:6 211:9 attorneys 8:1 126:4 139:7 140:24 bare 131:9,10
approximate 36:7 211:15 218:5,13 138:23 139:7,11,15 141:12 147:11 base 62:10,14,15
50:10 81:9 227:5 236:25 140:11,24 141:12 193:25 203:16 64:4 153:14
approximately 36:3 246:22 247:5 203:16 230:17 based 9:2 10:3 11:13
50:22 62:19 67:12 256:12 262:25 Attorney's 77:10 awarding 7:25 90:20 11:15 12:10 83:20
74:18 154:1 185:16 269:24,25 audiotape 236:17,18 aware 8:16 49:16 83:24 84:1 85:5,19
194:5 244:17,18,19 asking 7:10,10 10:20 audit 189:7 191:14 56:22 57:2 72:15 86:4 87:2 96:12,24
244:20,22,23 248:6 10:22 11:5 61:16 Auditor 150:7,12,15 100:12 108:3 100:16 108:21
April 27:6 59:12 60:5 73:17 83:3 127:23 audits 150:9 128:16 192:3 202:9 113:23 139:21
60:9,18 150:3 128:8 129:15 August 31:22 48:14 233:8 269:5 143:15,23 147:6
167:12 131:19 133:8 49:24 150:15,23 awful 146:22 165:21 195:25
Arcadia 68:12 167:16 215:23,24 243:10 awhile 48:12,15 214:23 225:14
archives 232:7 233:9 236:1 240:15,16,20 authenticated 233:12 axiomatic 269:23 229:13 252:22,23
234:17 235:23 240:23 263:8 235:1,2,22 236:4 a.m 1:25 Basford 193:5,7,8,13
236:7 237:14 assert 131:23 authenticating 233:5 193:23 194:17
area 103:23,25 104:1 asserted 87:16 177:2 authenticity 232:24 B 195:8,12,22 196:16
119:14 136:25 asserting 107:24 author 78:17 B 4:1 46:23 68:7 71:8 196:24 197:3,9
148:12 172:4 228:1 assertions 131:10 authority 176:2 111:7,8,9 181:15 202:18,24
areas 63:9 80:10 assessed 139:21 215:19 216:24 222:24 239:1,1,6 Basford's 203:17
103:11 105:1 172:4 assessment 139:22 253:22,25 264:18 back 13:12 16:25 204:10
183:13 226:1 asset 255:5,7,10,13 authorization 40:9 31:8 36:21 39:2 basic 144:25
arena 103:5 assigned 204:14 152:13 161:16,20 47:8 59:12 74:18 basically 16:4 33:4
argue 8:13 134:3 227:19 161:25 87:10 91:13 102:21 49:6 69:2 70:4
144:18 assist 109:13 110:15 authorizations 104:7,11 111:11 151:15 152:6,12,23
argues 250:16 133:22 226:22 188:10,13 114:2 120:16,25 153:17 154:17
arguing 110:8,11 assistance 110:17 authorize 163:25 121:2 169:23 155:3,24 156:8,14
129:19 250:19 193:19 authorized 32:19 171:25 175:24 156:24 157:1,4
argument 24:1 assistant 219:14 59:21 142:13,15 177:17 182:24 159:5 160:4,8

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161:5 163:7,23 133:19 134:17 39:11,12 61:24 Brickell 2:17 169:22 170:18
166:24 168:21 149:24 155:12 67:12 154:3 155:10 bridge 5:19 175:9,23 177:5,11
171:15 172:14 157:18 163:3 155:12,14 157:14 brief 7:8 23:1 74:15 177:18 178:22
176:12 182:23,25 176:24 178:7 181:4 157:14,15 184:17 74:20 77:4 104:2 179:2,13 187:3,18
184:8 186:16,20 186:4 193:25 194:4 bills 197:14,14 227:4 199:17 241:10 192:3,13,16 193:3
188:7,10,11 213:17 196:14 198:11,12 227:6,7,8,10 231:1 briefed 266:15 195:5 196:12,19
213:24 214:7,9 198:16 203:12,12 bill's 227:24 briefing 19:2 219:13 197:12 199:5,21
258:1,11 260:2 207:10 211:12 binding 15:22 18:23 220:19 221:5,8 214:21 244:2
basis 9:22 10:15 28:2 227:18,20 237:19 111:6 263:19 245:18 246:12
28:3 36:24 43:7 252:25 253:3,7 biographical 102:14 briefly 82:20 248:9 263:1 265:8
49:13 52:11 60:18 254:5 270:14 biological 160:25 briefs 247:20 Buchanan's 265:20
61:4 90:18 109:22 believes 109:11 bit 81:20 151:13 Brigham 77:20 buckets 216:20 217:9
130:18 134:6 243:7 234:1 169:23 172:1 103:10 bud 160:19,20
Bay 206:2 benefit 44:13 46:12 195:20 210:9 227:4 brings 50:15 80:2 budget 21:10,14,14
Beach 2:11 50:25 96:2 97:12 128:4 black 160:7 broad 97:17 21:15,16 26:9
51:13 181:4 187:17 benefits 62:13 64:4 blight 112:7 broken 36:23 154:17 31:18 33:5 35:6,21
219:1 225:3 244:21 151:20 162:12 block 18:16 19:6 154:24 247:5 35:23 36:2,6,18,20
bear 125:15 247:20 163:15,17 166:12 Blvd 2:3 brothers 93:3,4 37:17,20 38:3,6,12
becoming 77:5 189:13 board 68:13 231:9 brought 14:12,16 38:18 39:4,5,9,10
102:15 best 14:20 263:9 Bogorff 23:24 124:19 79:15 81:7 87:20 39:13 40:18,24
began 67:2 114:23 better 65:16 73:18 124:24 127:15,18 87:24 88:3 139:2 41:11 47:9 56:11
beginning 22:17 111:15 133:21,21 128:7 131:17 132:2 140:15 143:21 56:12 61:1,2,19
66:24 147:5 219:19 big 151:9 162:8 132:7,14,19,21 147:12 201:14 62:10,10,14,15,15
268:15 163:21 172:12,13 134:11 249:10 202:24 206:1,6 63:10 65:6 67:19
behalf 2:6,13,21 5:6 185:21 226:2 251:5,11,14 252:17 245:25 260:11 67:25 69:2 70:9,17
7:17 16:21 32:6,10 261:17,24 252:24 268:24,25 Broward 24:3 28:1 70:22 71:3 72:6,13
32:13,20 38:13 biggest 175:25 bold 223:11 50:25 51:13,18 144:2 145:4,6
40:11 41:2 42:5 184:23 226:8 book 75:25 76:5 57:9 71:9 91:8 146:12 147:19
44:4 47:14 55:1,1 bill 14:23 19:9,12,17 78:19 239:2 124:7,13,19,24 150:21,23,25 151:3
56:15,19 59:11,16 20:2,7,14,18 21:5,7 books 47:6,18 48:12 126:18 127:14 151:4,7,10,12,13,15
60:1,1,17 80:21 23:15,20 24:2,5,25 48:13 78:12 128:11 130:1 152:1,2,7,9,11,21
81:1,2,13 82:10,15 25:3 57:17,24 58:8 boss 238:11 132:25 133:4 152:25 153:1,2,14
83:10 84:8,23 58:12,16 103:3 bottom 115:9 170:17 171:11 153:23,25 154:2,2,6
85:19 86:10,18 106:14,25 154:9 bound 229:2 172:25 173:1,10 154:8,16,17,21,21
87:18,20 88:7,19 155:19 171:16 Bowman 77:23 174:15 181:3,10 155:1,10,11,12
89:17,22 91:17 172:17 173:21 box 56:15 147:2,3,14 187:16 217:2,21 157:8,15 161:6
105:6,15 139:24 174:24 176:14 147:16 148:6 218:25 219:7 222:3 162:12,14,20,22,23
200:9 201:16 179:5,10,15,16,17 213:15,16,17 222:25 223:17 162:25 163:1,2,5,9
227:13 179:19 180:4,5,18 268:16 224:2,11 225:2 163:15,22 164:4,5
behavior 116:9 180:25 181:5,9,19 boxes 146:12 244:18 247:8,10,13 164:18,19,21 165:3
belied 25:10 185:9 197:20,23,24 bracketed 109:25 250:15 268:5 165:3,12,23 167:2,8
belies 28:14,15 198:22 219:5,5 Bradenton 77:10 bubbled 266:9 167:16,18,19 168:3
believe 7:9 10:21 220:12 227:14,19 branch 16:16 Buchanan 3:4,22 6:3 168:22,23 169:24
11:17 12:7,21 23:9 228:4,11,17,24 branches 168:9 21:9,20 22:3,13 170:15 171:6,7,19
36:5 39:9,10 44:20 229:14,15,18,22,23 breach 17:19 18:2 30:7,8,11,22 31:3 172:2,3,10 180:24
48:11 57:12,19 230:4,11,21 243:16 96:11,13 97:21 31:11,14 33:19 180:25 181:7,22
58:9 69:14,21 78:4 249:14,15 257:6,14 break 74:16 75:8 40:11 43:12 55:18 182:4,6,9,19,25
79:20 93:6,13 257:16,19 259:14 118:2 120:7 134:16 120:1 128:1 132:16 184:6,17,24 185:15
94:22 97:14 98:13 259:20 260:10,11 162:14 189:15 132:24 148:22 185:18 186:10,14
100:24 101:1 108:8 260:19,20 264:1 199:11,14 240:22 149:2,7,14 158:3 186:17,19,23 187:9
109:14 122:10 271:4 breakfast 156:17 159:13,18 162:19 187:19 188:4,15,16
127:20 132:22 billion 36:4,6 39:8,10 Brendan 52:15 165:10 167:3 188:17,23,25 189:2

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189:3,9,10,19 190:3 calculation 163:11 career 78:20 80:19 57:3 72:9 79:8,13 247:10
190:4,5,13,15,19 call 29:25 30:7 74:10 81:23 82:7 91:2 81:9,11,19 82:14 certify 157:21 158:1
192:6 193:2 202:12 74:22,24 101:21 105:5 84:7 86:9 89:15,16 273:7
203:25 204:1,3,4,7 119:24 148:21 carried 181:22 90:12,13,16 93:9,12 cetera 124:23
204:8 205:11,13 151:18 160:16 carries 154:8,9 161:1 93:15,21 94:1,7,12 CFO 22:5 265:24
206:15 210:12 162:24 168:11 carry 152:24 153:12 94:18,19,23,24 95:2 266:5
214:14,14,19 218:6 227:6 Cary 3:16 77:20 95:3,4 98:6,9,10,23 CFO's 188:11 190:11
215:16,17,19 called 13:25 14:17 101:21 102:2,11 99:25 100:4 104:17 190:14
216:21 219:5 17:23 30:12 60:24 case 1:5 5:1 8:25 104:19,24 105:9,22 chaired 181:1 185:14
220:13 222:4,7 75:5 82:16 95:10 10:18 13:10,13,22 111:19 114:3,15,24 218:23
223:10,23 224:5,25 102:3 104:14 14:12,13 15:4 17:4 115:1,8 116:19 chairman 20:21
225:23 245:20 111:21 140:22 17:20,23 20:16 147:12 169:8 179:6 104:6 178:3
266:12 149:3,12,15 152:3 23:3,15,19,24 25:14 179:7,12 202:16 chairperson 220:7
budgeted 90:22 153:14 156:11,12 27:11 28:13 33:1 207:6 208:23 211:6 chair's 224:25
146:22 148:3,7,11 160:19 162:13 33:10,15 36:9 40:1 246:22 247:5,12 challenge 141:4
185:1,3 168:1 172:12 45:1 50:16,20,21,23 248:13 229:11
budgeting 21:21 22:2 179:22 180:1 183:7 51:19 57:8,9 58:15 cash 188:15,18,19,22 challenged 140:17
151:17 189:16 186:12 195:15 60:7 72:16 74:10 188:24 189:2 challenges 80:14
budgets 154:9 210:10 227:8 79:4,23,24 80:2 190:13 214:16,17 chance 122:8 145:22
budwood 160:16 candid 244:4 81:21 82:16,20 cassette 237:14 chances 227:24
213:18 candidly 246:12 83:1,7,8 84:5,14,14 categories 151:19 change 22:16 39:11
build 112:14,15 canker 7:22 13:19,23 84:18,19,19,20,21 154:16,24 163:10 39:12 171:15
115:19 14:2,14 15:25 84:23 85:8,9,15,17 164:12 185:23
builds 62:15 18:18 23:10 24:22 86:7,13 87:20,22,24 category 142:16,21 changed 171:19
built 29:17,18 153:15 44:16 49:1,7,20 88:3,7 89:10,12,24 152:25 154:22 185:22
bullet 50:11,14 51:4 50:3,9 51:19 52:22 90:4 91:8,8,13,16 162:13 163:11,12 changes 49:2,3
119:10,13 64:17 65:10,12 92:22 93:1,18,19 163:14,18 181:14 chapter 22:2 40:25
bumped 226:1,4 70:2 71:9 95:23 94:25 95:6 96:6,8 189:11 190:2,3,5,16 56:13 78:15,17,18
Bureau 43:23 47:10 96:16 97:12 116:24 96:21 97:18 100:2 190:18,19,20 191:7 158:17 192:21
53:16,24 150:18,20 137:17,25 164:6 100:12 101:1,3 191:19 193:1 194:24
195:12 165:21 166:7 108:1 109:19,21 cause 1:17 253:15 253:19 254:2
Burgess 130:15 168:16 169:11,15 111:21,23,23 112:6 caveat 70:12 chapters 78:12
burned 232:11 170:9,17 171:12 116:24 123:16 CD 232:11 236:19 charge 167:5
236:19 237:13 178:24 179:7 181:3 124:6,7,13 126:19 237:11,12 240:2 charged 129:18
business 183:12,21 181:10 182:11 130:2 131:5 132:25 central 93:5 188:7,7 Charles 5:9
184:15 193:16 184:9 185:22 186:7 133:21,21 145:11 188:9 189:1,1 Charters 141:6
buying 146:23 186:8 187:15 191:5 159:16 172:25 256:3 chase 83:3
202:8 208:23 173:2 175:6 193:5 centralizing 247:11 check 22:4 148:15
C 209:25 211:3 193:7 202:9 203:2 cents 118:15 188:12,15,24 189:2
C 2:5 111:7,8,9 239:1 212:22 215:3 218:8 203:11 206:1,4 certain 26:10 63:2 189:5,8,21 190:3,10
239:1,6 233:24 246:16 207:12 212:22 132:12 134:18 190:11,14,15 191:9
CA 1:5 248:4 215:21 217:2 225:2 238:12 191:11 264:2
cafe 120:13 canker-exposed 94:8 226:17 229:4,7,9,25 certainly 13:8,10 checked 215:18
CAFR 46:10,23 96:22 231:6,7,8,10,11,13 69:8 70:16 72:15 268:17
47:25 48:1,6 49:15 canker-infected 232:6 233:4 241:20 74:1 110:23 111:19 checking 188:21
52:13 54:6 137:2 96:22 243:10 247:20 160:6 184:9 197:21 215:24 268:16
137:11,15 138:12 capacities 103:21,25 248:8 254:18 255:2 220:1 checklist 215:18
138:17 168:11 capacity 42:7 96:4 255:3 264:9,10,11 certainty 69:25 checks 135:23,24
cage 270:4 97:23,24,25 228:21 265:16 268:8,14 248:10 188:16,17 189:16
caging 193:10 Capitol 176:15 269:7 270:24 273:8 CERTIFICATE chief 31:24 52:15
calculated 243:4 195:20 cases 20:17 24:22 273:1 77:17 187:22
calculates 168:22 care 7:12 27:11 49:3,7 51:12 certified 150:1,2 265:19

Choice - United
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children 157:21 25:3 57:17,24 58:8 173:1 222:12 245:2 139:19 148:23 263:16 272:15
choice 252:9 58:12,16 132:17 247:24 268:25 170:7 171:5 175:1 Commissioners
choices 61:13 140:15 143:18 269:6 178:9 179:4 181:6 68:14
chop 242:7 174:6 197:14,23 clearly 176:1 188:3 182:24 183:2 184:1 Commissioner's
choreographed 11:10 198:22 206:7 189:12 213:9 224:1 186:3 208:19,24 10:11 32:23 55:4
11:12 208:22 224:22 227:23 214:11 221:7 committee 18:8
choreography 12:21 227:4,6,8,10,14 Clemons 87:21 89:12 223:24 225:8 104:3,6,21 172:12
CHRP 161:18 162:2 228:3,10,17,24 89:13,13,13,14,24 230:13 235:20 172:14 180:21,22
162:5,8,9 229:14,15,18,21,23 90:4 98:21 100:2 252:20 264:1 180:23,23 181:1
circle 258:12,13 230:4,11,21 231:1 Clemonses 89:22 comes 9:21 24:14 185:21 186:15
Circuit 1:1,2 13:15 245:24 249:13,14 clerk 75:9 76:1 48:9 112:21 171:3 218:22,22 220:7,11
15:9 86:16 87:25 256:5 257:6,16 123:17,21 125:16 213:15,20,21 220:16 232:9 235:8
124:19,25 127:14 260:10,11,19,20 217:25 240:2 227:20 234:17 235:19,22 236:5
267:22,23 269:11 264:1 270:11 271:5 clerks 6:12,25 246:10 249:9 237:9,13
circulated 223:4 claimant 19:16 20:1 client 14:4,5,24 15:25 comfortable 119:6 common 231:1
circumstances 23:14 198:23 16:13,15 22:11,19 coming 6:14,20 43:13 249:25 264:5
152:20 162:19 206:20 230:13 82:15 83:11 84:8 45:13 48:16 51:21 company 141:6
citations 251:25 Claimants 258:9 84:23 85:19,23 53:5 58:18 64:1 compare 46:19
cite 23:4 260:11 86:11 91:17 119:25 66:9 107:22 266:13 compared 191:20
cited 111:19 234:21 claimed 9:25 83:20 256:6,10 262:21 commanded 267:25 compel 270:21
252:25 86:4 255:23 264:19,24 265:11 commandment 8:24 compensate 195:25
citing 250:24 claiming 57:23 265:18 266:2 29:7 compensation 7:25
citizen 29:2 claims 19:9,11 20:7 clients 23:14 80:20 commencing 1:23 8:11,24 27:10
citizens 8:7 29:1,11 24:17 79:15 80:22 81:1,2,10,13,23 commented 132:6 29:11 85:22 88:15
244:8 81:5 106:13,25 82:11 87:21 88:7 commercial 79:14 88:16 90:20 112:23
citrus 13:19,23 14:2 122:20 126:1 88:19 89:17 90:20 93:6 114:20 115:5
14:6,6,7,10,14,15 138:22 139:2,3,5,6 98:19,23 105:5,16 commission 72:13 246:20 251:17
15:25 18:18 23:10 139:10,13,19 140:3 106:13 107:13 104:5 168:23 252:14,20 257:25
24:21 44:16 49:1 140:10 143:15 116:20 120:8 commissioner 5:24 258:5,21,25 259:3
49:20 51:19 52:22 173:17 197:20,24 client's 22:24 266:11 9:1,22 10:9,24 259:10,15 260:22
63:15,18 64:5,15 227:7,19 231:4 close 48:12,13 11:21 13:18 25:12 261:2 262:4 263:2
71:8 79:14 93:5 257:13,19 closing 240:22 27:4,9,14,23 28:4 compile 48:15
94:3,4,8,13 95:1,22 clarification 212:11 252:18 28:24 29:3,22,25 compiled 167:17
96:15,22 97:12 clarified 147:22 CM 273:6 32:2,4,11,13,16,24 168:14
116:22,24 137:17 Clarke 2:16 coast 51:14 33:2,8 34:9,22 35:3 compiling 151:10
137:25 159:21 class 5:10 7:23 14:7 Cohen 180:13 36:11,25 37:3,8,11 complaint 130:4
160:1,3,4,7,7,10,13 124:14,21 244:8 colleague 216:1 38:15,25 39:16,23 265:18
160:14,19,20,21,23 247:10,16 249:13 colleagues 223:5 40:12 41:3,16,23 complaints 90:21
161:4,6 168:16 249:16 250:15,16 226:9 42:5,10,14 47:14 complete 127:18
169:11,15 170:9 251:2 252:5,11,14 collect 240:10 55:1,19 56:16,20,22 133:12,14,17
178:24 179:7 classic 131:23 collected 81:15 57:2,15 59:11,17,21 235:21,24 236:4,8,9
187:14 207:22 classmate 111:24 collectible 50:23 60:1,4,10,17 71:23 236:18 237:4,8,12
208:10,25 209:10 113:17 248:8,14 72:23,25 73:20 completed 136:16
209:25 210:1,15,17 clauses 251:23 collection 165:13 125:21 200:9 202:1 completely 116:8
210:19,24,24,25 CLE 78:19 column 69:15 202:3 207:1,10 228:4
211:3,10,18 212:2 clean 160:21 combination 185:5 211:7,13 219:14 completes 148:13,17
212:21 213:14,16 clear 10:4,8 37:11 combined 219:5 220:4,19,24 221:6,9 completing 180:1
213:18 233:23 65:6 67:6 79:6 combines 172:14 221:17,21 226:21 complied 254:4
City 250:25 110:14 121:5 come 9:17 31:8 41:25 227:2 243:15 245:6 component 162:15
civil 139:4 123:12 142:12 42:3 51:12 75:2 246:8,18 253:8,15 162:15,18
claim 19:17 20:2 147:25 163:22 100:21 104:16 257:10 260:4 components 26:10
23:15,20 24:2,5,25 165:10 166:24 124:13 128:19 261:16 262:6,14,16 comprehensive

Choice - United
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43:10 44:1,6 45:18 259:17 16:5 55:6 251:24 contravening 24:7 196:4,13 202:18,25
45:24 72:10 73:9 conferred 40:14 41:6 construct 270:20 control 160:25 203:3,14,17,23
137:2,5 161:3 confident 40:23 57:1 construction 113:2 controlling 264:18 204:5 206:2,7,16,17
168:13 169:4 confirmed 43:3 73:16 consultation 213:1 controversial 209:24 207:24 208:11,12
248:18 connection 8:2 49:14 215:12 conventional 129:21 208:17 210:6,18,20
computer 189:23 51:18 52:12 82:3 consulted 140:2 conversation 113:7 210:21 211:25
concealed 213:21 87:17 213:5 195:11 212:1,4,5,14,15,17
concern 216:18 Conner 254:17 264:7 consumer 1:12 31:19 cooling 186:22 212:18,23,24 215:4
221:10,13 238:25 265:16 32:7 38:2 66:19 cooperate 144:22 215:5,6,7,14,15
concerned 104:13 consequently 105:9 67:9 68:2 75:13 cooperation 49:9 216:15,22,23 217:3
217:7,8 235:17 conservation 214:6,9 79:10 107:24 cooperative 211:4 217:6,11,22 218:19
262:1,24 consider 69:6 80:6 150:17 152:17 coordinate 160:12 218:20 219:2,9,11
concerning 221:18 130:17,18 131:21 226:21 253:10 copies 6:12 7:1,2 219:12,16,17,21
concerns 42:3 234:10 134:4 163:21 contact 104:20 125:14,17 220:10,11,17,22
235:9 176:14 186:5 contain 130:3 copy 109:18 123:2 221:24 222:5,6,10
concluded 272:24 188:19 200:20 contains 251:21 224:25 235:12 222:11,21 223:1,7,8
concludes 11:25 12:5 234:9 236:2 238:20 contemplate 24:5 236:13 237:8,13 223:12,13,20 224:7
12:10 271:16 272:2 contemplates 175:4 239:14 271:24 224:12 226:11,18
conclusion 12:14 consideration 38:18 contempt 253:16 Coral 2:4 206:2 227:1,3 228:5,12,18
conclusions 128:3 130:14 131:13 contest 252:13 corner 171:23 241:22 228:19,25 229:11
concurrence 251:9 132:2 context 7:13 129:1 cornerstone 8:5 229:19,20 230:21
concurring 267:13 considered 128:17 131:17 132:1,21 Corona 86:7,19 231:11,15,16
condemnation 77:15 130:23 131:1 133:5 134:5,11 142:11 89:10 237:24 266:4
77:17 78:9,13,18,22 170:14 176:16,20 contingencies 52:8 Coronas 87:18 270:17 273:12
79:8,15 80:7,11,13 185:4,21 233:15 52:13 138:2 corporate 155:7 corrected 237:2
80:22 81:2,5,6,12 considering 263:15 contingency 146:11 correct 24:9 30:3,4 correctly 93:24 94:20
81:24 82:11 83:8 consistent 110:6 147:2,3,14,16 148:5 35:7,8,13,14 36:4,9 196:15 223:15
84:2 85:20 86:22 231:8 148:6,10 36:10,15,16 37:9,14 231:5 237:7
88:6,20 89:16 consists 110:4 151:1 continue 16:23 63:15 37:24,25 38:4,9,14 correspond 151:18
90:13,16,19 91:3,12 153:2 155:1 77:25 153:6 207:4 38:19,23,24 39:5,6 154:18
91:16 95:23 96:21 constitute 273:12 230:4 263:21 39:15,19,20 40:5 cost 90:24
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nightly 188:9 171:25 177:17 144:7 149:23 Okeechobee 86:16 219:1 225:3 244:20
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153:16,24 269:19 221:21 271:24 one-day 249:1 152:14 166:12
non-compensable numbered 273:11 occasion 37:9 one-time 153:17 186:19 216:21
14:11 numbers 33:18 50:10 occur 98:16 106:22 ongoing 28:5 60:5 223:18 253:14,25
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non-infected 94:13 nurseries 14:3 79:14 occurred 88:13 209:24 265:14,18 267:3,4
normally 48:13 160:14,18,20 occurs 146:24 open 25:6 28:10 268:7
167:11 nursery 13:25 14:9 Ocheesee 140:16 77:21 247:11 ordered 246:21
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note 43:9,25,25 44:3 Nutrition 156:12,13 offer 19:25 127:10 openings 233:21 266:10
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168:18 169:3,5 object 126:15 131:12 office 27:6 28:23 40:15 41:4 55:8 110:24
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notes 52:12 118:4 247:7 77:10,21 147:20 111:5 127:15,19 original 67:10 126:21
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125:19 126:10,13 134:2 172:23 190:14,15 195:21 217:15 originated 111:18,23
127:9,21 128:6,9,14 176:25 178:15 197:13 216:2 opponents 11:15 Ostrow 2:2
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201:16 244:14,23 parcel 128:18 148:5 261:14 262:6,13 passes 243:2 paying 28:19 57:7
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parents 157:24 266:24 267:1 258:14 135:17 136:12
P Pariente 251:9 271:24 272:10,23 patently 113:8 210:22 242:14
packet 35:21 72:7 Pariente's 252:18 part 15:10 35:20 patience 255:17 271:4
73:8 167:25 267:13 46:20,21 63:19 pattern 89:9 payment 10:14 13:18
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payments 189:6 pest 160:11 102:3 122:20 187:19 197:13 112:10
220:9 pests 160:12 124:14,21 126:1 Polk 14:13,18 preemptory 264:16
pays 139:2 petition 250:23 174:14 255:21 Ponce 2:3 264:22
Peggy 87:21 267:21 256:3,5 260:18 pond 114:8 prefer 118:25 199:12
pendency 146:7 Petitioners 4:4,5,6,7 Plaintiff's 137:9 pork 193:13,18,19 preference 119:8
pending 20:14 79:9 4:8,9,10,11,18 5:7 179:13 202:17 205:17 pregnant 193:10
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73:11 165:16 254:12 256:2 159:22 160:2,10 226:22 228:24 258:24

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153:4 219:22,24 processes 135:19 properties 244:22,24 192:1 239:13,15 270:4
probative 109:10 173:14 property 7:20 8:12 provides 33:6 57:19 Putnam 5:24 9:1
problem 261:1 processing 215:16 8:14 29:11 89:20 108:13 137:11 10:24 25:12 27:4,9
procedural 15:8 produced 30:22 112:1,16,19 114:16 139:25 152:12 27:14 28:4,24
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20:1 21:10,18 170:16 201:16 206:6 242:8 251:1 32:11,14,16,25 33:8
83:24 99:9 129:14 producers 193:14,18 244:13 246:15 providing 16:19 34:10,22 35:3
129:21 193:19 202:18 250:1 251:18 65:15 256:19 36:11,25 37:3,8,11
procedures 179:24 205:17 252:12 253:20,24 province 108:14 38:15,25 39:16,24
252:3 258:9 producing 137:4 254:8,23 258:23 111:14 41:3,23 42:6,10
proceed 7:5 134:14 products 140:19 259:10 262:5 provision 10:17 29:7 47:14 55:1 56:16
proceeding 11:11 professional 105:5 270:15,25 29:10 92:2 250:12 56:20,22 57:15
12:22 13:2,11 273:1,7 proposal 206:16 251:21 59:11,17,21 60:1,4
15:11 19:5,15 20:2 professor 78:24 218:14,24 220:8 provisions 19:18 60:10,17 72:23,25
26:19 34:6 81:22 Profundo 85:9,19,23 proposals 271:12,13 proviso 182:6 73:21 125:21 200:9
128:10,11 137:10 program 7:22 13:24 271:15,20 272:6 psyllid 161:1 202:1,3 207:1
140:13 141:2 143:7 13:25 14:1 63:16 proposed 26:8 public 8:12,15 27:4,5 211:7,13 220:4,20
144:19 170:22 63:19 64:5,16 155:13 170:8 59:15 96:2,2 97:7 220:25 221:17,22
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rank 68:18 69:9 255:8 recorded 47:4,16 refuse 243:15
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ranked 69:3
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quality 214:10 RAYMOND 1:8 recalls 7:19 232:8 233:7 234:16 regard 41:24 50:19
quarterly 243:7 reach 7:13 12:13 recap 132:3,4 236:5 115:15 145:7
quasi 122:6 21:6 36:19 receding 238:14 recordings 233:2 165:12 173:10
query 195:2 reached 88:14 receipts 270:25 records 47:6,18 59:3 215:7 251:12
question 9:11 11:9,19 reaching 11:18 12:1 receive 68:18 69:8 124:6 125:6,12 266:21
12:1,7 57:22 71:21 12:6 167:15 156:9,15,21,25 128:9 130:19,21,21 regarding 40:16
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73:20 98:8 106:20 107:22 111:11 received 93:22 recover 83:10 84:22 52:7 53:17 88:14
108:23 109:13,17 118:9,20,21 119:1,5 137:23 86:18 88:6 115:5 127:11 128:1
110:4 111:11 132:5 119:9 131:25 receives 34:25 208:22 137:17,25 140:2
134:9 141:24 132:21 144:20 137:15 156:19 recovered 80:25 164:4 191:9 213:13
142:10 164:8 147:24 148:1 159:24 270:15 81:10 82:15 84:2,8 221:1
175:17 177:4 206:10 209:19 receiving 136:3 85:10,14,18 88:9 regardless 62:11
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261:18,25 267:7 267:12 recess 74:20 120:21 105:6,11,15 106:11 registered 180:15
questioning 75:8 readily 9:7 120:22 199:17 106:23 107:5,11 273:1,6
questions 13:3 74:4,8 reading 11:15 108:4 241:10 116:20 244:10 registry 146:7 246:6
92:9 99:22 116:11 208:17 249:6,11 recitation 13:1 201:9 recovering 81:25 regular 81:7
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227:6 241:3 263:8 real 92:3,4 recognize 34:2,4 recruitment 63:8 regulating 140:19
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12,000 244:19 194 4:23 128:3 132:13 250 163:19 48:2 137:9 248:23
121 4:14 196 4:24 169:24 170:3,11 2500 181:9,19 219:5 35 144:12 146:25
122 4:16 1969 102:17 175:24 178:25 222:1 3767 180:5,18,20
13 4:25 29:8 139:25 1970 77:8 194:4 196:18 203:8 2525 2:3 218:16,17 220:16
198:17 240:2,5 1971 102:20 203:14,15,19 214:7 26 4:11 66:10,12 70:6 220:18 221:1,19
13th 28:7 1972 78:5 217:5 243:10 140:25 144:9 377-0700 2:22
1365 69:24 1977 102:25 2015 214:7 26,000 244:21 38 76:6 146:25
137 130:16 1978 77:19 78:6,7 2016 23:24 44:7 46:1 27 137:20,21 234:16 384-7269 2:7
14 4:17 121:25 122:4 80:5 46:24 48:3 132:7 273 273:12 39 4:12 75:11 76:11
139:8,17 145:14 1980s 14:2 23:11 210:4 249:10 28 4:7 48:18,20 76:14 117:18,19
192:15 219:16,18 1989 15:2 264:8 2016/17 208:10 126:14 137:22 146:25
221:1 222:11,14,18 199 3:25 2017 9:12 35:15 138:20 248:3 3987 218:15
222:19 1991 17:7 18:9 81:1 36:13 37:13 48:7 29 4:9 53:7,9 54:2
14th 124:18 81:10 82:7 91:6 49:24 50:10 53:18 137:22 138:20 4
141 130:16 93:23 105:17 54:6 59:12 60:5,9 248:23 4 4:4,16 10:2 11:7
143 4:18 115:16 140:6 232:9 60:18 65:1 66:20 12:16 17:9 24:17
1437 68:7 71:8 1993 108:12 67:2 68:3,9,22 3 25:3 33:21,23 55:5
181:14 222:24 1997 85:16,17 69:18 70:24 71:11 3 4:4,16 10:2 11:6 56:24 82:3,12
149 3:24 126:14 179:4 210:4 12:16 17:9 24:17 87:14 89:3 90:7,17
15 4:17 36:19 81:18 2 210:5 219:16,18,19 25:3 33:21,23 55:5 91:10,20 97:8
93:21 94:1 98:9 2 4:16 11:5 121:21 221:2 223:7 248:5 56:23 82:2,12 107:25 121:21
121:25 122:4 122:3 128:13 147:7 267:9 87:14 89:3 90:7,17 122:3 124:15,17
123:22 187:4 223:7 234:25 2017/18 181:23 91:10,19 97:8 159:19 161:5 208:2
224:24 241:6,9 261:11 2018 1:23 22:17 107:25 121:21 208:7 209:10
253:13 2d 108:12 30:22 37:22 38:4,7 122:3 124:15,16 233:16 249:19,21
15th 28:7 167:9,11,14 20 4:5 43:14,16 46:7 38:21 39:4,13,18 144:15 147:7 251:1 253:5 254:2
157 46:15,23 46:21 112:15 48:6 55:22 61:22 233:16 250:17 263:23 267:18
16 19:2 43:25 46:23 137:20,21 248:23 62:18,25 64:10,25 253:4 254:2 260:18 4:55 272:24
49:15 52:12 53:17 2000 84:15,20 86:14 71:14 75:17,24 263:24 267:18 40 75:15 76:12 91:4
54:5 138:15 146:24 88:4 103:5,7 134:24 138:18 3's 249:17 103:9 134:25
165:24 168:12 132:17 143:15 273:10 30 4:8 13:20 44:7 40s 100:25
247:19 248:17 146:2 2018/19 225:1 46:1,24 48:2,6 41 4:18 75:18 76:12

Choice - United
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143:7,9 7 99 3:13
42 4:12 75:22 76:11 7 4:14,19,20 49:24
76:12,14 117:18,19 121:12 124:13
43 4:5 139:3,7 168:1,10,17
45 4:6 198:11 170:19,21 172:21
47 146:25 175:20 177:17
48 4:7 136:18 146:25 216:11,12
147:5 244:21 7.15 206:15
49 136:7 70 136:24
702.1 108:18
5
71 136:24
5 4:4,16 33:21,23 72 77:9
121:21 122:3 72-hour 186:22
144:15,17,21 73 142:11
161:22 209:1,6,7 74 102:21
251:21 74.091 249:22 253:17
5th 219:24 255:3
50 136:7 162:9 75 80:12
5001 20:14 76 3:11 4:12 137:8
51 136:1 157:8
512 133:7 249:10 78 137:8,13
515 2:10 249:11 798 108:12
52 4:8 136:1 799 2:17
53 4:9
55 136:12 8
56 136:18 8 4:14 121:12,21
561.655.1990 2:14 124:21 139:7,13
57 136:13,18 198:12 158:4 211:23
198:17 8,10 4:16 122:3
58 4:10 141:25 80 80:12 137:19
58,000 244:17 138:3 155:8
59 136:23 80s 78:16 80:9 104:7
112:2
6
831 130:15
6 1:23 4:14,21,22 85 155:12 183:19
48:5 121:12 125:5 87 138:3 155:14
177:12,14 178:10
178:14,19 179:14 9
258:22 273:10 9 4:14 121:12
6A 8:9 10:19 251:20 9th 186:18,19,25
252:9 258:2 225:20
6th 186:21 219:24 9:00 1:25
225:20 90 138:12
6-0 146:1 90s 112:3
6-30-17 138:17 90.202 125:5
60 27:20 145:25 900 2:17
148:8 91 138:7
60-day 37:24 67:10 92 3:12 138:13
617 108:12 93 138:7
625 2:3 94 138:19
66 4:11 136:24 95 154:1,3
96 137:19 138:19

Choice - United