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IN THE DISTRICT COURT OF APPEAL FOR THE FIRST DISTRICT STATE OF FLORIDA RYAN C. TORRENS, Petitioner/Defendant vs. SEAN SHAW, Respondent/Plaintiff _______________________________________________________ Circuit Court Case No.: 2018-CA-1623 Circuit Court of the Second Judicial Circuit In and For Leon County, Florida APPENDIX TO PETITION FOR WRIT OF PROHIBITION /s/Ryan C. Torrens, Esq. Ryan C. Torrens, Esq. Florida Bar. No. 0089407 Torrens Law Group, P.A. 4016 Henderson Blvd., Suite D Tampa, FL 33629 Phone: 813-260-4883 Fax: 813-354-2357 [email protected] RECEIVED, 10/2/20189:52PM,Kristina Samuels,FirstDistrict CourtofAppeal TABLE OF CONTENTS Date Description Pages 2018-07-24 Complaint for Declaratory and Injunctive A.1 Relief 2018-08-01 Order Determining Case Entitled to Priority A.24 and Setting Non-Jury Trial/Final Hearing 2018-08-07 Order Deferring Until Trial the Hearing and A. 37 Determination of Defendant Torrens’ Motion to Dismiss 2018-08-14 Defendant Ryan Torrens’ Answer, Affirmative A. 39 Defenses, and Counterclaim 2018-08-21 Joint Pre-Trial Stipulation A. 49 2018-08-24 Final Judgment Granting Declaratory and A. 70 Injunctive Relief 2018-09-24 Amended Notice of Appeal A. 92 2018-09-04 Torrens’ Verified Motion to Disqualify Trial A. 116 Judge 2018-09-05 Torrens Opposition to Motion to Disqualify A. 124 Trial Judge 2018-09-05 Order Denying Disqualification A. 134 2018-09-25 Order Setting Case Management Conference A. 136 2018-08-30 Notice of Filing Trial Transcript A. 141 2018-08-31 Transcript of Proceedings 2018-08-22 A. 143 Respectfully submitted, /s/Ryan C. Torrens, Esq. Ryan C. Torrens, Esq. Florida Bar No. 0089407 Torrens Law Group, P.A. 4016 Henderson Blvd. Suite D Tampa, FL 33629 [email protected] Phone: (813) 260-4883 Facsimile: (813)354-2357 \ · Filing# 75450373 E-Filed 07/24/2018 04:51:39 PM IN THB cm.cuIT COURT OF THB SECOND JUDICIAL CIRCUIT, IN AND FOR LBON COUNTY, FLORIDA SEAN SHAW, CASE NO: 2018 CA 001623 Plmntiff DIV: vs. KEN DBTZNER, in ·his official capacity as the Secretary of State; DEPARTMBNT OF STATE, DMSION OF ELECTIONS; and RYAN TORRBN~, ----------------Defendants I COMPLAINT FOR DECLARATORY AND INJUNchvE RE:LJEF Introduction J. This is an action· for declaratory and injunctive relief seeking a declaration that Defendant, RYAN TORRENS (hereinafter ''Torrens") &iled to properly qualify as a candidate for the Democratic nomination for the Office of Attorney General, and requiring the Defendants to decertify Torrens as a candidate for the Democratic nomination for the Office of Attorney General. Parties 2. Defendant, KEN DBTZNBR (hereinafter •'Detzner"), is the Secretary of the State of Florida and the head of the Departnient of State, an agency of the State of Florida crafted-by Section 20.10(1 ), Florida Statutes. Defendant, Detzner is designated as the chief election officer of the State of Florida pursuant to Section 97.012, Florida Statutes. 3. Defendant, DEPARTMENT OF STATE, DMSION OF BLBCTIONS (hereinafter "Division") is an agency of the Statute of Florida created under Section 20.10, Florida Statutes. Pursuant to Secf;ion 99.061, Florida Statutes, the Division has the responsibility under law to receive qualification papers for persons seeking nomination or election to the Office of Attorney Geneial. The, Division, musl certify to the supervisors of elections in each county of the State, the 010150IO.I A. 1 Sean Shaw v. Ken Detzner, et. al. Case No.: 1BD Complaint for Declaratory aitd lJUuhctlve Rellof names of all duly qualified candidates seeking nomination or election who have qualified with the Division. 4. Plainti~ SEAN SHAW (hereinafter "Shaw"), is an elector and resident of the State of Florida and is a duly qualified candidate seeking the Democratic nomination for election to the Office ofAttorney General. S. Torrens is an elector and resident of the State ofFlorida who filed papers with the Division to be qualified. as a candidate seeking the Democratic nomination for election to the Office ofAttomey General. 6. This Court has jurisdiction to grant declaratory and injunctive relic£ 7. Venue is proper in Leon County, pursuant to Section 47.011, Florida Statutes. Facts Regulrlnt; ~?elaratorv Ju~gment and Incorporated Memorandum of Law 8. Pursuant to Section 99.061, Florida Statutes, any person wishing to qualify as a candidate for nomination and election to the Office of Attomey General in lhe 2018 election cycle must submit his or her qualification papers and pay the qualifying fee to the Division dming the qualifying period. The qualifying period for the 2018 election conunenced at noon on June 18, 2018 and ended at noon on June 22, 2018. 9. To qualify, a prospective candidate must submit, among other documents: a. A properly executed check drawn upon the candidate's campaign account payable to the pe11on or entity as prescribed by the filing officer in an amount not less than the fee required by §99.092, unless the candidate obtaiiled the required number of signatures on petitions punuant to §99.095 [Section 99.061(7)(a)l, Fla. Stat.] b. The candidate's oath required by §99.021, which must contain the name of the candidate as it is to appear on the bal.lot; the office sought, including the district or group number if applicable; and the signature of the candidate, which must be verified under oath or affinnatlon pursuant to §92.S2S(t)(a). [Section 99.061(7)(a)2, Fla. Stat.] c. If the office·sought is partisan, the written statement of political party affiliation required by §99.021(1) (b). [Section 99.061(7)(a)3, Fla. Stat.] 0101doao.1 Page2 A. 2 Sean Shaw v. Ken Detmer, eL al. Case No.: TBD Complaint for Dec~tory and Injunctive Relief d. The completed form for the appointment of campaign treasurer and designation ofcampaign depository, as required by § 106.021. [Section 99.061(7)(a)4, Fla. Stat.] e. The tbll and public disclosure or statement of financial interests required by subsection (S) (Section 99.061(7) (a) S, Fla. Stat.] 'Ihe tbll and public disclosure or financial Interests required by subsection s "must be verified under oath or aflinnation pursuant to §92.525(1) (a) ••• " § 99.061(5). Fla. Stat l O. In order to raise money for their election campaign, a candidate must ·file a statement with the qualifying officer within 10 days after filing notice of the appointment of a campaign treasurer and designation of a campaign depository, stating that the eandldate has read and understands the requirements o/Chapla' 106, Florida Statutes. See Section 106.023 Florida Statutes (emphasis added). Torrens' signed statement attesting to his·reading and understanding of ~ter 106 is attached as Exlliblt "A". 11. Candidates who raise and spend funds for their election campaigns are required to report all contributions and expenditures via the ·Florida Department of State Division of Elections Electronic Filing System ("BPS").§ 106.0705, Fla. Stat.; Rule. IS-2.017, P.A.C. 12. Bach candidate is provided an identification number and initial password to gain entry to the EFS 2018 Candidate and Campaign Treasurer Handbook pg. S9. The 2018 Candidate and Cmiipaign Treasurer Handbook is incorporated by Rule 18·2.017, Florida Administratlve Code. Page 59 of the handbook is attached hereto as Exhibit "B". Persons given a secure sign-on to the BPS are responsible for protecting such from disclosure and are responsible for all filings using such credentials. Section 106.0705(4) Florida Statutes. Reports filed·via the EFS are considered to be under oath by both the candidate and treasurer. Id• .t3. On June 21, 2018, Toirens submitted, and the Division accepted, a check fi'om the Ryan Torrens for Attomey General ·campaign Account in the amount of S?,738.32 as payment for the required qualifying fee. A eopy of that check is attached as EXblblt ucn. 0101&em-1 Page 3 A. 3 Sean Shaw v. Ken Det:ner, eL al. Caso No.: TBD Complahit for Declaratory and Injunctive Relief 14. On June 18, 2018, prior to submitting the qualifying check, Torrens and/or his campaign accepted a contribution of $4,000.00 ii'om Francesca Yabraian. This campaign contribution was disclosed on campaign finance report Pl. This ~ntribution was originally disclosed as a loan, and not a contribution. The Pt report was later.amended after July 11, 2018 to characterize this contn1>ution as a check contribution, and not a loan. The amended Pl report characterizing the contribution as a "check" is attached hereto as Exhibit "D". 15. Section 106.0S(l)(a)l Fla: Stat •. provides as follows: 106.08. Contributions; Imitations on.- (l)(a) Except for political parties or aflilia~ed party committees, no person or political comi:pittee may, in any election, make contributions in excess of the following amounts: 1. To a candidate for statewide office or for retention as a justice of the Supreme Court, $3,000. Candidates for the offices ·of Governor end Lieutenant Governor on the same ticket are considered a single candidate for the purpose ofthis section. §106.08(1 )(a) 1., Fla.Stat. 16. The BPS system includes mechanisms to ensure that candidates do not take contributions in excess of the legal limits. When a candidate enters a contribution into the EFS software that exceeds the legal limits, a message appears in red type informing the EFS user of the error. This is the case whether Ute contribution from the individual is considered a loan or a contn1>ution. Examples of the enor message received from the BPS software are attached hereto as Exhibits "E" and "F''. 17. ~ontributioils from a candidate to the campaign that are listed as a "loan" do not trigger the error message because candidates may contribute or loan unlimited amounts to their own campaign.

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