Record on Appeal

IN THE DISTRICT COURT OF APPEAL OF FLORIDA FIRST DISTRICT

CASE NO: 2015 CA 1423: 2015 CA 2682

DCA NO: 1D18-3141

RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES; JOE NEGRON, PRESIDENT OF THE FLORIDA SENATE,

APPELLANT,

V. FILED FTP ON:

FLORIDA WILDLIFE FEDERATION, INC, ET AL, FLORIDA DEFENDERS OF THE ENVIRONMENT, INC, ET AL,

APPELLEE, RECORD ON

APPEAL FROM THE CIRCUIT COURT OF LEON COUNTY, FLORIDA

RECEIVED, 11/21/20189:00AM,Kristina Samuels,FirstDistrict CourtofAppeal HONORABLE CHARLES DODSON

ANDY BARDOS, ESQ ALISA COE, ESQ JAMES T. MOORE, JR, ESQ BRADLEY MARSHALL, ESQ ASHLEY HOFFMAN LUKIS, ESQ 111 S. MARTIN LUTHER KING JR BLVD P. O. BOX 11189 TALLAHASSEE, FL 32301 TALLAHASSEE, FL 32302 DAVID G. GUEST, ESQ GEORGE N. MEROS, JR, ESQ 525 WEST 8TH AVE 315 S. CALHOUNST, SUITE 600 TALLAHASSEE, FL 32303 TALLAHASSEE, FL 32301 JOSPEH W. LITTLE, ESQ 3731 NW 13TH PLACE GAINESVILLE, FL 32605 ATTORNEY FOR APPELLANT ATTORNEY FOR APPELLEE RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

DECEMBER 11, 2015 NOTICE OF SEVING AMENDED COMPLAINT 7658 - 7659

JANUARY 20, 2016 NOTICE OF RELATED CASE SUPPLEMENT TO CIVIL COVER 7660 - 7662 SHEET

MAY 01, 2018 NOTICE OF APPEARANCE FILED 7663 - 7666

JUNE 13, 2018 FDE PLAINTIFFS' MOTION FOR JUDICIAL NOTICE 7667 - 7697

JULY 17, 2018 FDE PLAINTIFFS' RESPONSE TO LEGISLATURE’S AMENDED 7698 - 7700 MOTION FOR REHEARING

NOVEMBER 20, 2018 CERTIFICATE 7701 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

Filing# 35437477 E-Filed 12/11/2015 11 :33:51 AM

THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT OF FLORIDA IN AND FOR LEON COUNTY FLORIDA

~'LORI.DA DEFENDERS OF THE ENVIRONMENT, INC., STEPHEN J. ROBITAILLE, JOSEPll W. LITTLE, JAMES P. CLUGSTON, LOLA HASKINS, S'IEPHEN M. HOLLAND, and \V. THOMAS HAWKlNS,

Plaintiffs Case No. 2015 CA 2682 v. KEN DETZNER, in his official capacity as Secretary of State of Florida and Head of the Florida Department of State, ADAM H. PUTNAM, in his official capacity as Florida Commissioner of Agriculture and Head of the Department of Agriculture and Consumer Services, NICK WILEY, in his official capacity as Executive Director of the Florida Fish and Wildlife Conservation Commission, and JONATHAN P. STEVERSON, in his official capacity as SecretaQ· ofHorida Department of Environmental Protection and Head of the .Florida Department of Environmental Protection, Detc~ndants.

NOTICE 01" SERVING FIRST AMENDED COMPLAINT Notice is given that the First Amended complaint has been served on the

following: John W. Costigan, Assistant (Deputy) General Counsel, Office of

General Counsd, Florida Department of Agriculture and Consumer Services;

Harold "Bud" G. Vielhauer, General CounseL Florida Fish and Wildlife

Conservation Commission; Robert A. Williams, Chief Deputy General Counsel,

Department of Environmental Protection; and David A. Fugett, Assistant General

Counsel, Florida Department of State representing the named defendants in this

-J -

7658 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

action.

Plaintiffs' Notice of Constitutional Question has also been served upon the

named persons.

CER1'lFICATE OF SERVICE l certify thar a copy of this notice with copy of the amended complaint was served upon Da_0d,I::\1.g~:tt(a)dos.rnyiJ.9dda.cont, John.Oy;Ugan(ci>Fn~~;l1.FmmFlorid~1.co111, Robcn.A.\:ViUiarns{ri)dcp._il;.ill&JL_us_, and bJ.1d.vielhauer(q;JJ1yfwc.corn on this 11th day of December 2015 on the same:~'.}✓...•= I Ll-~~------c~(;leph W. Little ··-·- r.Lwyer for Plaintiffs Fla. Bar No. 196749 3731 NW 13th Place Gainesville, Fl. 32605 352-372-5955 littlegnv(i~gmail.com

-2-

7659 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

Filing# 36774499 E-Filed 01/20/2016 02: 15:47 PM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL ClRCUIT IN AND FOR LEON COUNTY, FLORIDA

FLORIDA DEFENDERS OF THE ENVlRONMENT, INC, STEPHEN J. ROBITAILLE, JOSEPHW. LITTLE, JAMES P. CLUGSTON, LOLA HASKINS, STEPHEN M. HOLLAND, and W. THOMAS HAWKINS,

Plaintiffs,

v. CASE NO.: 2015 CA 2682

KEN DETZNER, in his official capacity as Secretary ofState ofFlorida and Head of the Florida Department of State, ADAM H. PUTNAM, in his official capacity as Florida Commissioner of Agriculture and Head of the Department ofAgriculture and Consumer Services, NICK WILEY, in his official capacity as Executive Director of the Florida Fish and Wildlife Conservation Commission, and JONATHAN P. STEVERSON, in his official capacity as Secretary of Florida Department of Environmental Protection and Head of the Florida Department of Environmental Protection,

Defendants. ______;/

NOTICE OF RELATED CASE SUPPLEMENT TO CIVIL COVERSHEET

In accordance with Florida Rules of Civil Procedure 1.100(c )(2), Defendant,

JONATHAN P. STEVERSON, by and through his undersigned counsel, respectfully notices this

Court of the supplemental information regarding Plaintiff's notice ofrelated case Florida

Wildlife Federation v. Gardner. Counsel submits the following supplemental fofonnation.

Case No.: 2015 CA 001423

Court: Second Judicial Circuit in and for Leon County, Florida

Presiding Judge; Honorable George S. Reynolds, HI 1 \ Last Action: Hearing on Defendants' Motion to Dismiss December 3, 2015 - Granted in Part

7660 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

The case of Florida Wildlife Federation V; Gardner, nearly identical in nature and intent

as this more recently filed action dealing with the Florida Legislature's 2015 appropriations of

funds, Chapter 2015-232, Laws of Florida, from Land Acquisition Tmst Fund to various

governmental bodies to fulfill the intent of Article X, of the Florida Constitution, more

commonly referred to as Amendment l. Notably, both cases seek the clarification of rights

through Actions for Dedaratory Jud1:,1111ent and seek injunctions against further expenditure of

unspent funds appropriated through Chapter 2015-212, Lrnvs of Florida.

In fact, Plaintiffs in this case contest seventy-two (72) of the seventy-five (75)

appropriations contested by Florida Wildlife Federation, adding only thirty (30) additional line

items to their cause as being a!legedl y unconstitutional appropriations of fonds designated for the

land Acquisition Trust Fund Amendment 1.

Respectfully submitted this 691h day ofJanuary 2016.

STATE OF FLORIDA DEPARTMENT OF Et-.1VIRONMENTAL PROTECTION _,/'" .,-;::;if J --=:::~ /;z;;¼✓ -:,..:'=✓~fl4:-/~==,'--·· _____ Tom B. Ad.fros III Assistant General Counsel FBN: 115317 3900 Commoirwealth Boulevard, MS 35 Tallahassee, Florida 32399-3000 Telephone; (850) 245-2294 Facsimile: (850) 245-2298 Primary: Thomas.Adamsfri;dep.state. fl.us Secondary: Loi:::an. Whiddon(Zi>dep.state.fl.1Jii

7661 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

CERTIFICATE O _F SERVICE

I HEREBY CERTIFY that true and correct copy of the foregoing has been furnished

electronically through the Florida Courts E-filing Portal to Joseph W. Little, Attorney for the

Plaintiffs, P .0. Box 11 GainesviUe, Florida 32611, at [email protected], David A.

Fugett, Florida Department of State, R.A. Building, Suite 100, 500 South Bronough Street,

Tallahassee, Florida 32399, at david.fogett(i1)dos.mytlorida.com, Harold Vielhauer, Florida Fish

and Wildlife Conservation Commission, 620 South Monroe Street, Tallahassee, Florida 32399,

at BucLVielhauer(d;myfwc.com, Steven HaU and .John Costigan, Florida Department of

Agriculture and Consumer Services, The Mayo Building, 407 South Calhoun Street, Suite 520,

Tallahassee, Florida 32399, at Steven.Hall(iufreshFromFlorida.com and

Jolm.Costigarn?i~FreshFromFlorida.com on this 20th day ofJanuary 2016.

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL//27 PROTECTJON ',#""~~= ~:::~ ,....,./-/;. L,/U''' f/~/ Tom B. Adams rn Assistant General Counsel

7662 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

Filing# 71534304 E-Filed 05/01/2018 06: 10:29 PM

IN THE CIRCUIT COURT FOR THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA CIVIL CIRCUIT DIVISION

FLORIDA WILDLIFE FEDERATION, INC., et al.,

Plaintiffs, Case No. 2015-CA-001423 v.

JOE NEGRON, as President of the Florida Senate, et al.,

Defendants. ------I FLORIDA DEFENDERS OF THE ENVIRONMENT, INC., et al.,

Plaintiffs, Case No. 2015-CA-002682 v.

KEN DETZNER, in his official capacity as Florida Secretary of State, et al.,

Defendants. ------I

NOTICE OF APPEARANCE

James Timothy Moore, Jr. ofGrayRobinson, P.A., hereby files this Notice of Appearance

as co-counsel for Defendants, the President of the Florida Senate, the Speaker of the Florida

House of Representatives, and the Florida Legislature, and requests to be furnished with copies

of all future orders, pleadings, and other documents to be filed or served in this matter at:

Primary Email: [email protected] Secondary Email: [email protected] [email protected]

\271018\1 - # 951255 vi 1

7663 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

DATED THIS 1st day of May, 2018.

Respectfully submitted,

Isl James Timothy Moore. Jr. James Timothy Moore, Jr. (FBN 70023) GRAYROBINSON, P.A. Post Office Box 11189 Tallahassee, Florida 32302 Telephone: 850-577-9090 Facsimile: 850-577-3311 Email: [email protected] Attorneys for Defendants, the Florida Legislature, Senate President Joe Negron, and Speaker Richard Corcoran

\271018\1 - # 951255 vi 2

7664 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing was furnished by electronic transmission on May 1,

2018, to all individuals identified on the Service List that follows.

Isl James Timothy Moore. Jr. James Timothy Moore, Jr. (FBN 70023) GRAYROBINSON, P.A.

\271018\1 - # 951255 vi 3

7665 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

SERVICE LIST

Alisa Coe David G. Guest Bradley Marshall 525 West 8th Avenue Earthjustice Tallahassee, Florida 32303 111 South Martin Luther King Jr. Boulevard [email protected] Tallahassee, Florida 32301 Attorneys for FWF Plaintifft [email protected] [email protected] Joseph W. Little [email protected] 3731 NW 13th Place [email protected] Gainesville, Florida 32605 [email protected] [email protected] Attorneys for FWF Plaintifft Attorneys for FDE Plaintifft

Kenneth B. Wright Steven L. Hall 1301 Riverplace Boulevard, Suite 1818 Department of Agriculture and Consumer Jacksonville, Florida 32207 Services [email protected] The Mayo Building [email protected] 407 South Calhoun Street, Suite 520 Attorneys for FWF Plaintifft Tallahassee, Florida 32399-0800 [email protected] David A. Fugett Attorneys for Defendant, Commissioner of Carlos A. Rey Agriculture Florida Department of State R.A. Gray Building, Suite 100 Jeffrey Brown 500 South Bronough Street Department of Environmental Protection Tallahassee, Florida 32399-0250 3900 Commonwealth Boulevard, M.S. 35 [email protected] Tallahassee, Florida 32399-3000 [email protected] [email protected] Attorneys for Defendant, Secretary ofState kelley.corbari@dep. state. fl. us [email protected] Harold G. Vielhauer Attorneys for Defendant, Secretary of Anthony Pinzino Environmental Protection Florida Fish and Wildlife Conservation Commission Wayne E. Flowers The Bryant Building John W. Wallce 620 South Meridian Street Lewis, Longman & Walker, P.A. Tallahassee, Florida 32399-1600 245 Riverside Avenue, Suite 150 [email protected] Jacksonville, Florida 32202 [email protected] [email protected] Attorneys for Defendant, Executive Director [email protected] ofthe Florida Fish and Wildlife Commission [email protected] Attorneys for Defendant, Commissioner of Agriculture

\271018\1 - # 951255 vi 4

7666 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

Filing# 73506285 E-Filed 06/13/2018 01:59:22 PM

IN THE CIRCUIT COURT FOR THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTYt FLORIDA

FLORIDA WILDLIFE FEDERATION, INC., et al. Plaintiffs, v. Case No. 2015-CA-001423 JOE NEGRON, as President of the Florida Senate, et al., Defendants. ------I FLORIDA DEFENDERS OF THE ENVIRONMENT, INC., et al.,

Plaintiffs, v. Case No. 20 l S-CA-002682 KEN DETZNER, in his official capacity as Florida Secretary of State, et al., Defendants. ------I

FDE PLAINTIFFS' MOTION FOR JUDICIAL NOTICE

Pursuant to §90.202 Fla. Stat., FDE Plaintiffs respectfully move for an order taking judicial notice of the following:

l, The ballot title and ballot summary of the amendment that proposed adding Article X §28 to the Florida Constitution as stated by the Florida Supreme Court in Advisory Opinion to Atty. Gen. re Water & Land Conservation--Dedicates Funds to Acquire & Restore Fla. Conservation & Recreation Lands, 123 So. 3d 47 (Fla. 2013) as follows:

a. Ballot title: "Water and Land Conservation---Dedicates Funds to Acquire and Restore Florida Conservation and Recreation Lands." Id., 123 So. 3d at 50.

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7667 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

b. Ballot summary: "Funds the Land Acquisition Trust Fund to acquire, restore, improve, and manage conservation lands including wetlands and forests; fish and wildlife habitat; lands protecting water resources and drinking water sources, including the Everglades, and the water quality of rivers, lakes, and streams; beaches and shores; outdoor recreational lands; working farms and ranches; and historic or geologic sites, by dedicating 33 percent of net revenues from the existing excise tax on documents for 20 years." Id., 123 So. 3d at 50.

2. Defendants' substantive responses to two demands for production of documents FDE Plaintiffs made to each defendant as stated in quotations below. (Requests are in quotations; defendants' substantive responses are stated below.) (See exhibit A supporting FDE Plaintiffs' motion for summary judgment):

"1. Copies of all deeds, contracts or other legal instruments conveying or promising to convey to the State of Florida or any department, agency or agent thereof lands and interests in land acquired with funds deposited into the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State Constitution and appropriated to the [ appropriate defendant] in any of the line item appropriations listed in Exhibit l of the AMENDED ACTION FOR DECLARATORY JUDGMENT plaintiffs filed in this action 2. Copies of all deeds, contracts or other legal instruments conveying or promising to convey to the State of Florida or any department, agency or agent thereof lands and interests in land acquired or to be acquired with funds deposited into the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State Constitution and appropriated to the [appropriate defendant] in any of the line item appropriations listed in Exhibit 2 of the SUPPLEMENTAL PLEADING ADDING COUNTS 4, 5 AND 6 plaintiffs filed in this action."

Defendants' substantive responses to both requests were: 1

'DAC = Department of Agriculture and Consumer Services; DEP = Department of Environmental Protection; FWLCC= Florida Fish and Wildlife Conservation Commission; DOS = Department of State: Legislative Parties =

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7668 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

DAC: None DEP: None FWLCC: None DOS: None Legislative Parties: None

3. Defendants' substantive responses to first interrogatories FDE Plaintiffs propounded as stated in quotations below. (See exhibit B supporting FDE Plaintiffs' motion for summary judgment and attached copy ofFWLCC response):

"l. Identify all properties initially acquired or refinanced or committed to be acquired or refinanced by funds appropriated to [appropriate defendant] by the challenged line item appropriations.''

Defendants' substantive responses were:

DEP: None DAC: None FWLCC: None DOS: None Legis1ative Parties: None

4. Defendants' substantive responses to certain of the ten additional requests for admission this Court authorized as stated in quotations below, (See exhibit H supporting FDE Plaintiffs' motion for summary judgment): "l. Funds appropriated to [this defendant] in the 2015 challenged line item appropriations were not appropriated to finance or refinance the acquisition of property or to pay the debt service on bonds issued pursuant to Article VII. Section l l(e)."

Defendants' substantive responses were:

named legislative officers.

7669 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

DOS: With broad objections: "Admitted that the funds identified in the challenged line item appropriation were not appropriated to finance or refinance the acquisition of property or to pay the debt service on bonds."

"2. Funds appropriated to [this defendant] in the 2015 challenged line item appropriations were not used or expended to finance or refinance the acquisition of property or to pay the debt service on bonds issued pursuant to Article VII, Section 1 l(e)."

Defendants' substantive responses were:

FWLCC: Admitted. Defendants note that they did not purchase real property during the 2015-2016 fiscal year. DOS: With broad objections: "Admitted that the funds identified in the challenged line item appropriation were not appropriated to finance or refinance the acquisition of property or to pay the debt service on bonds."

"3. Funds appropriated to [this defendant) in the 2015 challenged line item appropriations were not used or expended to finance or refinance the improvement of, management, restoration of natural systems, and the enhancement of public access or recreational enjoyment of conservation lands that were themselves acquired with funds in said challenged line item appropriations."

Defendants' substantive responses were:

DAC: Admitted. DEP: Admitted. FWLCC: Admitted. DOS: Denied to the extent the term "conservation lands" includes "historic or geologic sites: and other "related property interests ..,

"4. Funds appropriated to [this defendant] in the 2016 challenged line item appropriations were not appropriated to finance or refinance the

-4-

7670 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

acquisition of property or to pay the debt service on bonds issued pursuant to Article VII, Section l l(e)."

Defendants' substantive responses were:

"5. Funds appropriated to [this defendant] in the 2016 challenged line item appropriations were not used or expended to finance or refinance the acquisition of property or to pay the debt service on bonds issued pursuant to Article VII, Section l l(e)."

Defendants' substantive responses were:

FWLCC: Admitted. Defendants note that they did not purchase real property during the 2016-2017 fiscal year. DOS: "Admitted that the funds identified in the challenged line item appropriation were not appropriated to finance or refinance the acquisition of property or to pay the debt service on bonds."

"6. Funds appropriated to [this defendant] in the 2016 challenged line item appropriations were not used or expended to finance or refinance the improvement of, management, restoration of natural systems, and the enhancement of public access or recreational enjoyment of conservation lands that were themselves acquired with funds in said challenged line item appropriations."

Defendants' substantive responses were:

DAC: Admitted. DEP: Admitted. FWLCC: Admitted. DOS: Denied to the extent the term "conservation lands"

-5-

7671 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

includes "historic or geologic sites: and other "related property interests."

5. Defendants' substantive responses to FDE Plaintiffs' second requests for admission as stated in quotations below. (See exhibit C supporting FDE Plaintiffs' motion for summary judgment):

''The dashboard function in the Florida State-Owned Lands and Records Information System (FL-SOLARIS) database indicates 'no records found' as to any conservation lands acquired by [named defendant] from the Land Acquisition Trust Fund funding source between the dates of November 4, 2014 and October 23, 2017."2

Defendants' substantive responses were:

DAC: "no records found" DEP: "This search returned O state land(s)" FWLCC: "no records found" DOS: DOS reported that it does not control the State Lands Inventory and cannot answer Legislative Parties: "no records found" as to all agencies, including DEP and also stated that the State Lands Inventory assigned no conservation lands to DOS

6. Defendants' substantive responses to a question in second interrogatories FDE Plaintiffs propounded to each defendant as stated below. (See exhibit E supporting FDE Plaintiffs' motion for summary judgment):

"I Identify all properties owned by the State of Florida and any ofits departments, agencies or commissions including the Department of Environmental Protection upon which funds appropriated by the challenged line item appropriations were expended to construct,

2The date range posed to the Florida Fish and Wildlife Conservation Commission was November 14, 2014 to October 24, 2017 and the range posed to the Legislative Parties as to all agency defendants was November 4, 2014 to October 20, 2017.

-6-

7672 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

improve, enlarge, extend, operate, and maintain capital improvements and facilities in accordance with the plan.3"

Defendants' substantive responses were:

DAC: None (with objections) DEP: None (with objections) FWLCC: Object; overbroad, vague: not misspent Legislative Parties: Object, numerous grounds DOS: Object, numerous grounds

7. Dependants' substantive responses to a question in third interrogatories FDE Plaintiffs propounded to each Defendant. (See exhibit F supporting FDE Plaintiffs' motion for summary judgment):

"l. Did [appropriate head of the Defendant agencies], draft or assist the sponsors of the proposal in drafting the text, or the ballot title, or the ballot summary of the proposed amendment that was designated as Article X §28 Florida Constitution after it was adopted by vote of the electorate?"

Defendants' substantive responses were:

DAC: NO DEP: NO FWLCC: NO DOS: Not answered Legislative Parties: NO, president and speaker assumed their offices at later times

3The "plan" referred to a "comprehensive multipurpose outdoor recreation plan for this state" to be developed and executed by the Department of Environmental Protection "with the cooperation of the Department of Transportation, the Fish and Wildlife Conservation Commission, the Department of Economic Opportunity, and the water management districts." §375.021 (I) Fla. Stat. (2012).

-7-

7673 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

8. Dependants' substantive responses to a questions in fifth interrogatories FDE Plaintiffs propounded to each Defendant. (See Attached exhibit containing DEP and DAC substantive responses.)

"1. Did (each defendant) fully with the mandate imposed upon all state agencies by §216.0153 (l)(c) Fla. Stat. during the period November 4, 2014 through October 24, 2017?"

Defendants' substantive responses were:

DAC: Objections DEP: Yes FWLCC: No response submitted Legislative Parties: [Question not asked.] DOS: No response submitted

"2. If the answer to 1. above is "No/' in what manner did (each defendant) fail to comply fully?"

Defendants' substantive responses were:

DAC: Objections DEP: Not applicable FWLCC: No response submitted Legislative Parties: [Question not asked.] DOS: No response submitted

CONCLUSION

FDE Plaintiffs respectfully submit that all of the foregoing are relevant to the issues in this case and appropriate for the Court to take judicial admission.

CERTIFICATE OF SERVICE

I certify that a copy of this motion was provided by the filing system on this 13th Day of June, 2018 to:

_g;.

7674 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

IN THE CIRCUIT COURT FOR THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

Plaintiffs, V. Case No. 20 l 5-CA-002682 KEN DETZNER, in his official capacity as Florida Secretary of State, et al., Defendants. ------'I

FDE PLAINTIFFS' MOTION FOR JUDICIAL NOTICE

Pursuant to §90.202 Fla. Stat.~ FDE Plaintiffs respectfully move for an order taking judicial notice of the following:

I. The ballot title and ballot summary of the amendment that proposed adding Article X §28 to the Florida Constitution as stated by the Florida Supreme Court in Advisory Opinion to Atty. Gen. re Water & Land Conservation--Dedicates Funds to Acquire & Restore Fla. Conservation & Recreation Lands, 123 So. 3d 47 (Fla. 2013) as follows:

a. Ballot title: "Water and Land Conservation,,.;._,Dedicates Funds to Acquire and Restore Florida Conservation and Recreation Lands." Id., 123 So. 3d at 50.

-1-

7675 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

2. Defendants' substantive responses to two demands for production of documents FOE Plaintiffs made to each defendant as stated in quotations below. (Requests are in quotations; defendants' substantive responses are stated below.) (See exhibit A supporting FDE Plaintiffs' motion for summary judgment):

"1. Copies of all deeds, contracts or other legal instruments conveying or promising to convey to the State of Florida or any department, agency or agent thereof lands and interests in land acquired with funds deposited into the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State Constitution and appropriated to the [appropriate defendant] in any of the line item appropriations listed in Exhibit 1 of the AMENDED ACTION FOR DECLARATORY JUDGMENT plaintiffs filed in this action 2. Copies of all deeds, contracts or other legal instruments conveying or promising to convey to the State of Florida or any department, agency or agent thereof lands and interests in land acquired or to be acquired with funds deposited into the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State Constitution and appropriated to the [appropriate defendant] in any of the line item appropriations listed in Exhibit 2 of the SUPPLEMENTAL PLEADING ADDING COUNTS 4, 5 AND 6 plaintiffs filed in this action."

Defendants' substantive responses to both requests were: 1

1DAC = Department of Agriculture and Consumer Services; DEP = Department of Environmental Protection; FWLCC= Florida Fish and Wildlife Conservation Commission; DOS = Department of State: Legislative Parties =

-2-

7676 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

DAC: None DEP: None FWLCC: None DOS: None Legislative Parties: None

3. Defendants' substantive responses to first interrogatories FOE Plaintiffs propounded as stated in quotations below. (See exhibit B supporting FDE Plaintiffs' motion for summary judgment and attached copy of FWLCC response):

"1. Identify all properties initially acquired or refinanced or committed to be acquired or refinanced by funds appropriated to [appropriate defendant] by the challenged line item appropriations."

Defendants' substantive responses were:

DEP: None DAC: None FWLCC: None DOS: None Legislative Parties: None

"1. Funds appropriated to Ithis defendant] in the 2015 challenged line item appropriations were not appropriated to finance or refinance the acquisition of property or to pay the debt service on bonds issued pursuant to Article VII, Section l l(e)."

Defendants' substantive responses were:

named legislative officers.

7677 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

Defendants' substantive responses were:

FWLCC: Admitted. Defendants note that they did not purchase rea1 property during the 2015-2016 fiscal year. DOS: With broad objections: "Admitted that the funds identified in the challenged line item appropriation were not appropriated to finance or refinance the acquisition of property or to pay the debt service on bonds."

"3. Funds appropriated to [this defendant} in the 2015 challenged line item appropriations were not used or expended to finance or refinance the improvement of, management, restoration of natural systems, and the enhancement of public access or recreational enjoyment of conservation lands that were themselves acquired with funds in said challenged line item appropriations."

Defendants' substantive responses were:

DAC: Admitted. DEP: Admitted. FWLCC: Admitted. DOS: Denied to the extent the term "conservation lands" includes "historic or geologic sites: and other "related property interests."

"4. Funds appropriated to [this defendant) in the 2016 challenged line item appropriations were not appropriated to finance or refinance the

-4-

7678 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

acquisition of property or to pay the debt service on bonds issued pursuant to Article VII, Section l l(e)."

Defendants' substantive responses were:

"5. Funds appropriated to [this defendant) in the 2016 challenged line item appropriations were not used or expended to finance or refinance the acquisition of property or to pay the debt service on bonds issued pursuant to Article VII, Section l l(e).''

Defendants' substantive responses were:

"6. Funds appropriated to [this defendant) in the 2016 challenged line item appropriations were not used or expended to finance or refinance the improvement of, management, restoration of natural systems, and the enhancement of public access or recreational enjoyment of conservation lands that were themselves acquired with funds in said challenged line item appropriations."

Defendants' substantive responses were:

DAC: Admitted. DEP: Admitted. FWLCC: Admitted. DOS: Denied to the extent the term "conservation lands"

-5-

7679 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

includes "historic or geologic sites: and other "related property interests."

5. Defendants' substantive responses to PDE Plaintiffs' second requests for admission as stated in quotations below. (See exhibit C supporting PDE Plaintiffs' motion for summary judgment):

"The dashboard function in the Florida State-Owned Lands and Records Information System (FL-SOLARIS) database indicates 'no records found' as to any conservation lands acquired by [named defendant] from the Land Acquisition Trust Fund funding source between the dates of November 4, 2014 and October 23, 2017."2

Defendants' substantive responses were:

"1 Identify all properties owned by the State of Florida and any of its departments, agencies or commissions including the Department of Environmental Protection upon which funds appropriated by the challenged line item appropriations were expended to construct,

-6-

7680 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

improve, enlarge, extend, operate, and maintain capital improvements and facilities in accordance with the plan.3"

Defendants' substantive responses were:

DAC: None (with objections) DEP: None (with objections) FWLCC: Object; overbroad, vague: not misspent Legislative Parties: Object, numerous grounds DOS: Object, numerous grounds

7. Dependants' substantive responses to a question in third interrogatories FOE Plaintiffs propounded to each Defendant. (See exhibit F supporting FOE Plaintiffs' motion for summary judgment):

Defendants' substantive responses were:

DAC: NO DEP: NO FWLCC: NO DOS: Not answered Legislative Parties: NO, president and speaker assumed their offices at later times

1The "plan" referred to a ""comprehensive multipurpose outdoor recreation plan for this state,, to be developed and executed by the Department of Environmental Protection "with the cooperation of the Department of Transportation, the Fish and Wildlife Conservation Commission, the Department of Economic Opportunity, and the water management districts." §375.021 (1) Fla. Stat. (2012).

-7-

7681 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

8. Dependants' substantive responses to a questions in fifth interrogatories FOE Plaintiffs propounded to each Defendant. (See attached copies of DEP and DAC substantive responses.)

"l. Did (each defendant) fully with the mandate imposed upon all state agencies by §216.0153 (l)(c) Fla. Stat. during the period November 4, 2014 through October 24, 2017?"

Defendants' substantive responses were:

DAC: Objections DEP: Yes FWLCC: No response submitted Legislative Parties: [Question not asked.] DOS: No response submitted

"2. If the answer to I. above is "No," in what manner did (each defendant) fail to comply fully?"

Defendants' substantive responses were:

DAC: Objections DEP: Not applicable FWLCC: No response submitted Legislative Parties: [Question not asked.] DOS: No response submitted

CONCLUSION

FDE Plaintiffs respectfully submit that all of the foregoing are relevant to the issues in this case and appropriate for the Court to take judicial admission.

CERTIFICATE OF SERVICE

I certify that a copy of this motion was provided by the filing system on this 13th Day of June, 2018 to:

7682 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

FLORIDA DEPARTMENT OF STATE 301 S. Bronough Street, Suite 600 David A. Fugett, General Counsel Tallahassee. Fl. 3230 I R.A. Gray Building, Suite l 00 [email protected]. Tallahassee, Fl. 32399-0250 [email protected], [email protected], [email protected]. [email protected], [email protected]. [email protected], FLORIDA WILDLIFE FEDERATION FLORIDA DEPARTMENT OF Earthjustice AGRICULTURE AND CONSUMER 111 South Martin Luther King, jr. SERVICES Boulevard Mayo Building, Suite 520 Tallahassee, Fl. 3230 I 407 South Calhoun Street David G. Guest Tallahassee, Fl. 32399-0800 Alisa Coe Steven.Hall@FreshFromFlorida,com Bradley Marshall [email protected], 525 West 8th A venue wflowers@ll w-law .com. jwallace@llw Tallahassee. Fl. 32303 law.com [email protected] [email protected] FLORIDA DEPARTMENT OF [email protected] ENVIRONMENTAL PROTECTION 3900 Commonwealth Boulevard Kenneth B. Wright Tallahassee, Fl. 32399-3000 1301 RiverPlace Boulevard, Suite 1818 [email protected], Jacksonville, Fl. 32207 [email protected], [email protected] [email protected], THE FLORIDA SENATE FLORIDA FISH AND WILDLIFE 302 The Capitol CONSERVATION COMMISSION 404 South Monroe Street 620 South Monroe Street Tallahassee, Fl. 32399-1100 Tallahassee, Fl. 32399 [email protected] [email protected] [email protected] [email protected]

LEGISLATIVE PARTIES Andy Bardos Gray Robinson

-9-

7683 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

Respectfully submitted,

Joseph W. Little Fla. Bar No. 196749 3731 NW 13th Place Gainesvi1le, Fl. 32605 352-372-5955 [email protected]

7684 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

FLORIDA WILDLIFE FEDERATION, INC, et. al.,

Plaintiffs, CASE NO.: 2015 CA 001423 v.

JOE NEGRON, as President of the Florida Senate, et. al.,

Defendants. ------''

DEFENDANTS FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION and NICK WILEY, in his ofrll.ial capacin; as Executive director of the Florida Fish and WUdJife Conservation Commission ANSWERS AND OBJECTIONS TO PLAINTIFF, FLORIDA DEFENDERS OF THE ENVIRONMENT. FIRST SET OF INTERROGATORIES

Defendants, FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

("Commission") and NICK WILEY, in his official capacity as Executive Director of the Florida

Fish and Wildlife Conservation Commission ('"Executive Director"}, by and through undersigned

counsel and pursuant to Rules 1.280 and J .340, Florida Rules ofCiviJ Procedure, hereby

provides Plaintiff, Florida Defenders of the Environm.ent, Inc., answers and objections to

Plaintiff's first set of written interrogatories.

GENERAL OBJECTIONS

The Commission and Executive Director object to the Instructions and Definitions set out

by the Plaintiff, at the beginning of the Interrogatories, as not reasonably related to the tenns

used, overbroad, utilized merely to cause harassment, annoyance or undue burden, requiring

repetition of meticulous attention to phraseology, improperly increasing the scope of discovery,

and outside the scope of Fla. R. Civ. P ., 1.280 and 1.340. Subject to those objections the

7685 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

Commission and the Executive Director provide the following answers subject to their

objections:

INTERROGATORIES INTERROGATORY "1 .•• "Identify all properties initialJy acquired or refinanced or committed to be acquired or refinanced by funds appropriated to THIS DEFENDANT by the challenged line item appropriations."

ANSWER: The Commission and the Executive Director have not acquired nor refinanced nor committed to be acquired nor refinanced any lands with funds from the challenged line item appropriations. LATF funds were used for the management and improvement ofland, water areas, and related property interests that the Commission had previously acquired as designated in Article JO Section 28 of the Florida Constitution.

INTERROGATORY "2." "Designate by line item nwnbers the challenged line item appropriations that appropriated funds expended or committed to acquire or refinance properties id~tified in response to interrogatory number 1 above."

ANSWER: The Commission has not acquired nor refinanced nor committed to be acquired nor refinanced any lands with funds from the challenged line item appropriations. LATF funds were used for the management and improvement ofland, water areas, and related property int~ts that the Commission had previously acquired as designated in Article 10 Section 28 of the Florida Constitution.

INTERROGATORY "3." "Of the properties identified in response to interrogatory number 1, designate those upon which funds appropriated by the challenged line item appropriations were expended or committed for the purpose of management, restoration of natural systems, and the enhancement of public access or recreational enjoyment of conservation lands on the identified property."

ANSWER: See answers to Interrogatories "I ... and "2."

7686 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

INTERROGATORY "4." "Designate by line item numbers the challenged line item appropriations that appropriated funds that were expended or committed for the purpose of management, restoration of natural systems, and the enhancement of public access or recreational enjoyment of conservation lands on property designated in response to interrogatory number 3 above."

ANSWER: See answers to Interrogatories "1.", "2.", and "3."

AFFIDAVIT

STATE OF ~wg.1DA

COUNTYOF_JJ;~llN_1__

BEFORE ME, the w1dersigned authority, personally appeared Churlo+rt \l&r(f#,who first being duly sworn, deposes and says that he or she is the Defendant's agency representative in this action, he or she has reviewed the foregoing answers to the Interrogatories, and that said answers, as provided in that agency representative capacity, are true and correct.

rJtt~0 tA11 , rft-- Amant~

The foregoing instrument was acknowledged before me this 2-i t-~ day of Jy\"/ . Such person did take an oath and: (notary must check applicable box)

_:!__ is or are personally known to me.

·-·-· -·· -· produced a current Florida driver's license as identification, number ______

__, produced ______as identification.

(Notary Seal must be affixed) ~~ Signature of Notary Printed name: Amb, r 13!,u, n 5,

AMBERBURNS NOTARY PUBLIC, STATE OF FLORIDA ·. .· Commln. ion I FF 18451.2 .....,nn,..,,Explr81 Saplember .. __ 30, 2018 , My Commission expires: 'f I:Jo/ I 1 Commission Number: I!t'/612,.

7687 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

CERTIFICATE OF SERVICE

1 HEREBY CERTIFY that a true copy of the foregoing was served by electronic mail

upon the following individuals identified on the Service List that follows.

l I TRACEY HARTMAN As:sista11t General Counsel

7688 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

S:t;RVICE LIST

Joseph W. Little Carlos A Rey, Asst. General Counsel 3731 NW 13111 Place David A. Fugett, Asst. General Counsel Gainesville. FL 32605 R A Gray Building, Suite I 00 Email: S00 South Bronough [email protected] Tallahassee, FL 32399-0250 Allorneys for Plaintiffe Email: [email protected] [email protected] Attorneys for Defendant, Florida Sec,-etury ofState Steven L. Hall Senior Attorney Jeffrey Brown John W. Costigan Department of Environmental Protection General Counsel 3900 Commonwealth Blvd~ MS 35 Florida Department of Agriculture Tallahassee, Florida 32399-3000 And Consumer Services Email: The Mayo Building [email protected]. fl .us 407 South Calhoun Street, Suite 520 ta [email protected]. fl. us Tallahassee, Florida 32399-0800 Attorneys for Defendant, Secretary ofFlorida Email: Department qfEnvironmental Protectio11 [email protected] [email protected] Attorneys for Defendant, Commissioner of Agriculture Dawn Roberts (FBN 986518} General Counsel Andy Bardos (FBN 822671) Christie Letarte (FBN I 05323) George N. Meros, Jr (FBN 263321) Deputy General Counsel Gray Robinson P.A. THE FLORIDA SENATE Post Office Box 11189 302 The Capitol Tallahassee, Florida 32302 404 South Monroe Street Telephone: 850-577-9090 TaUahassee. Florida 32399-1100 Email: [email protected] [email protected] [email protected] [email protected] [email protected] Attorneys for Defendants, the Florida [email protected] Legislature, Senate President Andy Attorneys for Defendant, Senate President Gardiner, and Speaker Andy Gardiner Steve Crisaji,lli

7689 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

Kenneth B. Wright, Esquire Bledsoe Jacobson Schmidt Wright and Sussman Florida Bar No.:0893791 1301 River Place Blvd., Suite 1818 Jacksonville, FL 32207 Telephone: 904-398-1818 Facsimile: 904-398-7073 Primary: :service@jaoobsonwris}lt.com Secondary: [email protected] Email: [email protected] A ttomeys for Plaintiffs

David G. Guest 535 W. 8th Ave Tallahassee, FL 32303 Attorneys for FWF Plaintiffs

Alisa Cole Bradley Marshall Earthjustice 111 South Martin Luther King Jr, Blvd TaUahassee, FL 32301 Email; [email protected] Email: [email protected] Email: [email protected] Email: [email protected] Attorneys for FWF Plaintiffs

7690 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT OF FLORIDA IN AND FOR LEON COUNTY FLORIDA :FLORIDA DEFENDERS OF THE ENVIRONMENT, INC., et. al., Plaintiffs Case No. 2015 CA 2682 v.

KEN DETZNER. in his official capacity as Secretary of State of F'forida and Head of the Florida Department of State, et. al., Defendants./

ANSWER TO PLAINTIFFS' FIFI'H SET OF INTERROGATORIES TO DEFENDANT NOAH D. VALENSTEIN IN HIS O:FFICIAL CAPACITY AS SECRETARY OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND HEAD OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

The undersigned answers the interrogatories propounded to NOAH D. VALENSTEIN rN HIS OFFICIAL CAPACITY AS SECRETARY OF THE FLROIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND HEAD OF THE FLORIDA DEPARTMENT OF E:t,..'VIRONMENTAL PROTECTION, as follows:

l. Did the Department of Environmental Protection comply fully with the mandate imposed upon all state agencies by §216.0153 (l)(c) Fla. Stat. during the period November 4, 2014 through October 24, 2017? a. Yes.

2. If the answer to 1. above is "No," in what manner did the Department of Environmental Protection fail to comply fully? -1-

7691 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

Not applicable.

Print Name {~jC'!!- l:Jt_lfa:4-"G-/1 Title_ J)c ift-~•trv. !J!,,,..~-t-- ~ ~ L11..d,;;

State of Florida County of Leon

Swoz:n~d subscribed before me this J-ty-M, Day of who . May 2018, by_, ~ me or produced the following as identification_; __

Notary Public, State of Florida

7692 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

Filing# 72778481 E-Filed 05/29/2018 04:25:42 PM

IN THE CIRCUIT COURT FOR THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA CIRCUIT CIVIL DIVISION

FLORIDA WILDLIFE FEDERATION, INC., et al.,

Plaintiffs,

vs. Case No. 2015-CA-001423

JOE NEGRON, as President of the Florida Senate, et al.,

Defendants.

______...... ,!

FLORIDA DEFENDERS OF THE ENVIRONMENT, INC., et al.,

Plaintiffs,

vs. Case No. 2015-CA-002682

KEN DETZNER, in his capacity as Florida Secretary of State, et at.,

Defendants. ______/

DEFENDANT DEPARTME."IT OF AGRICULTURE AND CONSUMER SERVICES and ADAM H. PUTNAM, IN HIS CAPACITY AS COMMISSIONER OF AGRICULTURE'S OBJECTIONS TO FLORIDA DEFENDERS OF THE ENVIRONMENT PLAINTIFF'S FIFTH SET OF INTERROGATORIES

Comes now the Defendant, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES and ADAM H. PUTNAM, IN HIS CAPACITY AS COMMISSIONER OF AGRICULTURE, by and through their his undersigned attorneys, and pursuant to Rule 1.340, Florida Rules of Civil Procedure, hereby serve their Objections to Plaintiff's Florida Defenders of

7693 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

the Environment, Inc.; Stephen J. Robitaille; Joseph W. Little; James P. Clugston, Lola Haskins;

Stephen M. Holland and W. Thomas Hawkins' Fifth Set of Interrogatories numbered one through

two propounded upon Defendant on April 24, 2018.

ANSWERS TO INTERROGATORIES

1. Did the Department of Agriculture and Consumer Services comply fully with the mandate imposed upon all state agencies by §216.0153 (l)(c) Fla. Stat. during the period November 4, 2014 through October 24, 2017?

ANSWER: Objection. The discovery was served untimely and is inconsistent with the

Court's Order Setting Pretrial Conference and Non-Jury Trial dated August 22, 2017 and

the Court's Order on FWF Plaintiff's Motion to Amend Complaint and Case

Management Conference dated May 4, 2018.

2. If the answer to I. above is ''No," in what manner did the Department of Agriculture and Consumer Services fail to comply fully?

ANSWER: Objection. The discovery was served untimely and is inconsistent with the

Court's Order Setting Pretrial Conference and Non-Jury Trial dated August 22, 2017 and

the Court's Order on FWF Plaintiff's Motion to Amend Complaint and Case

Management Conference dated May 4, 2018.

7694 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

/s/ Wayne E. Flowers Wayne E. Flowers Florida Bar No. 0207020 John W. Wallace Florida Bar No. 57859 Lewis, Longman & Walker, P.A. 245 Riverside Ave., Suite 150 Jacksonville, Florida 32202 P: (904) 353-6410 F: (904) 353-7619 [email protected] i,[email protected] Secondary email: m,[email protected] Steven L. Hall, Esquire Florida Bar No. 58952 407 South Calhoun Street, Suite 520 Tallahassee, FL 32399-0800 Telephone: (850) 245-1000 Facsimile: (850) 245-1001 Steven .hall(a)fresh fromflorida.com

Attorneys for Defendants Commissioner and Department ofAgriculture and Consumer Services

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing has been served electronically through the Florida Court's E-Filing Portal to the following this 29th day of May, 2018:

David Guest, Esquire Kenneth Wright, Esquire 525 W. th 8 Avenue 501 Riverside Avenue, Suite 903 Tallahassee, Florida 32303 Jacksonville, FL 32202 Telephone: (850) 228-3337 Telephone: (904) 398-1818 David@DavidGuestL;iw.net Facsimile: (904) 398-7073 Attorney for FWF Plaintiffs [email protected] [email protected] Attorney for FWF Plaintiffs

Alisa Coe, Esquire Joseph W, Little, Esquire Bradley MarshaH, Esquire P.O. Box 117625 111 South Martin Luther King Jr. Blvd. Gainesville, Florida 32611 Tallahassee, FL 32301 Telephone: (352-273-0954 Telephone: (850) 681-0031 Facsimile: (352) 392-3005 Facsimile: (850) 681 ·0020 [email protected]

7695 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

acoe@earthj ustice.or~ Attorney for FDE Plaintiffs [email protected] [email protected] Attorneys for FWF Plaintiffs

David A. Fugett, Esquire Harold "Bud" Vielhauer, Esquire Carlos Rey, Esquire Anthony Pinzino, Esquire R.A. Gray Building, Suite 100 620 South Monroe Street 500 South Bronaugh Street Tallahassee, Florida 32399 Tallahassee, Florida 32399 Telephone: (950)487-1764 Telephone: (850) 245-6511 [email protected] [email protected] [email protected] [email protected]; Attorneys for Defendants Executive Director Attorneys for Defendants Secretary ofState and and The Florida Fish and Wildlife Department ofState Conservation Commission

Jeffrey Brown, Esquire Andre Bardos, Esquire Kelley Corbari, Esquire J. Timothy Moore, Jr. 3900 Commonwealth Boulevard Post Office Box 11189 Tallahassee, Florida 32399 Tallahassee, Florida 32302 Telephone: (850) 245-2242 Telephone: (850) 577-9090 Facsimile: (850) 245-2302 Facsimile: (850) 577-3311 [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]. us Attorneys for Defendants the Florida [email protected] Legislature, Senate President Joe Negron, and Attorneys for Defendants Secretary and Speaker Richard Corcoran Department ofEnvironmental Protection

George N. Meros, Jr., Esquire Dawn Roberts, General Counsel Holland & Knight Christie Letarte, Deputy General Counsel 315 South Calhoun Street 302 The Capitol Suite 600 404 South Monroe Street Tallahassee, FL 32301 Tallahassee, FL 32399-1100 Telephone: (850) 425-5622 Telephone: (850) 487-5237 Facsimile: (850) 224-8832 Facsimile: (850) 487-6444 [email protected] [email protected] Attorneys for Defendants the Florida Legislature, [email protected] Senate President Joe Negron, and Speaker [email protected] Richard Corcoran [email protected] [email protected] Attorneys for Defendant Senate President

Adam S. Tanenbaum, General Counsel 418 The Capitol

7696 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

402 South Monroe Street Tallahassee, FL 32399-1300 Adam.tanenbaum@my:floridahouse.gov Adam. tanenbaum [email protected] Telephone: (850) 717-5500 Attorney for the Speaker of the Florida House of Representatives

7697 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

Filing# 75064771 E-Filed 07/17/2018 12:31:46 PM

IN THE CIRCUIT COURT FOR THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

FLORIDA WILDLIFE FEDERATION, INC., et al. Plaintiffs, V. Case No. 2015-CA-001423 JOE NEGRON, as President of the Florida Senate, et al., Defendants. ------I FLORIDA DEFENDERS OF THE ENVIRONMENT, INC., et al.,

Plaintiffs, V. Case No. 2015-CA-002682 KEN DETZNER, in his official capacity as Florida Secretary of State, et al., Defendants. ------I

FDE PLAINTIFFS' RESPONSE TO LEGISLATURE'S AMENDED MOTION FOR REHEARING

PDE Plaintiffs respectfully submit that the Legislative Parties' amended motion for rehearing must be DENIED.

PDE Plaintiffs' adopt and incorporate herein the reasons stated in Florida Wildlife Foundation Plaintiffs' Response to Defendants' Amended Motion for Rehearing and parts II through VII of Plaintiffs' Joint Response to Legislative Parties' Post-Judgment Motion to Disqualify Judge.

CERTIFICATE OF SERVICE

I certify that a copy of this motion was provided by the filing system on this 17th Day of July 2018 to:

7698 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

FLORIDA DEPARTMENT OF STATE FLORIDA WILDLIFE FEDERATION David A. Fugett, General Counsel Earth justice R.A. Gray Building, Suite 100 111 South Martin Luther King, jr. Boulevard Tallahassee, Fl. 32399-0250 Tallahassee, Fl. 32301 [email protected], David G. Guest [email protected], Alisa Coe [email protected], Bradley Marshall 525 West 8th Avenue FLORIDA DEPARTMENT OF Tallahassee, Fl. 32303 AGRICULTURE AND CONSUMER davld(a)davidguestlaw.com SERVICES [email protected] Mayo Building, Suite 520 [email protected] 407 South Calhoun Street Tallahassee, Fl. 32399-0800 Kenneth B. Wright Steven.Hall@FreshFromFlorida,com 1301 RiverPlace Boulevard, Suite 1818 John.Costigan(a),FreshFromFlorida.com, Jacksonville, Fl. 32207 [email protected]. jwallace@llw [email protected] law.com THE FLORIDA SENATE FLORIDA DEPARTMENT OF 302 The Capitol ENVIRONMENTAL PROTECTION 404 South Monroe Street 3900 Commonwealth Boulevard Tallahassee, Fl. 32399-1100 Tallahassee, Fl. 32399-3000 [email protected] [email protected], [email protected] [email protected], [email protected],

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION 620 South Monroe Street Tallahassee, Fl. 32399 [email protected] [email protected]

LEGISLATIVE PARTIES Andy Bardos Gray Robinson 301 S. Bronough Street, Suite 600 Tallahassee, Fl. 32301 [email protected], [email protected],

-2-

7699 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

Respectfully submitted,

/s/ Joseph W. Little Fla. Bar No. 196749 3731 NW 13 th Place Gainesville, Fl. 32605 352-372-5955 [email protected]

-3-

7700 RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES vs. FLORIDA WILDLIFE FEDERATION, INC LT. CASE NO: 2015 CA 002682 HT. CASE NO: 1D18-3141

CERTIFICATE OF CLERK

STATE OF FLORIDA

COUNTY OF LEON

I, Gwen Marshall, Clerk and Comptroller Leon County, Florida, do hereby certify that the foregoing page(s) of the inclusive contains the record RICHARD CORCORAN, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES; JOE NEGRON, PRESIDENT OF THE FLORIDA SENTATE V. FLORIDA WILDLIFE FEDERATION INC, FLORIDA DEFENDERS OF THE ENVIRONMENT, INC and is a true and correct recital of all such papers and proceedings in said cause as appears in the records and files in my office that have been directed to be included in said record pursuant to the Florida Rules of Appellate Procedure.

In Witness Whereof, I have hereunto set my hand and affixed the Seal of said NOVEMBER21ST, 2018.

GWEN MARSHALL CLERK AND COMPTROLLER LEON COUNTY, FLORIDA

BY: DAVID L. HUBERT David L. Hubert, Deputy Clerk

DAWN ROBERTS, ESQ HAROLD G. VIELHAUER, ESQ CHRISTIE LETARTE, ESQ ANTHONY PINZINO, ESQ ASHLEY ISTLER 620 S. MERIDIAN ST 302 THE CAPITOL TALLAHASSEE, FL 32399-1600 404 S. MONROE ST TALLAHASSEE, FL 32399-1100 JOSEPH W. LITTLE, ESQ ADAMS. TANENBAUM, ESQ 3731 NW 13m PL 418 THE CAPITOL GAlNSVILLE, FL 32605 402 S. MONROE ST TALLAHASSEE, FL 32399-1300 STEVEN L. HALL, ESQ 407 S. CALHOUN ST, SUITE 520 KENNETH B. WRIGHT, ESQ TALLAHASSEE, FL 32399-0800 1301 RIVERPLACE BLVD, SUITE 1818 JACKSONVILLE, FL 32207 JEFFREY BROWN, ESQ KELLEY CORBARI, ESQ DAVID A. FUGETT, ESQ 3900 COMMONWEALTH BLVD, MS 35 CARLOS A. REY, ESQ TALLAHASSEE, FO 32399-3000 500 SOUTH BRONOUGH ST TALLAHASSEE, FL 32399-0250 WAYNE E. FLOWERS, ESQ JOHN. W. WALLACE, ESQ ROBERT T. BENTON, II, ESQ 245 RIVERSIDE A VE, SUITE 150 P. 0. BOX412 JACKSONVILLE, FL 32202 TALLAHASSEE, FL 32302-0412

7701