STATE OF FLORIDA

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THE CAPITOL
TALI ,AHASSEE. FLORIDA 32399-000]
www.flgov.com
850-488-7146
RICK SCOTT
GOVERNOR
August 6, 2012
Mr. Neil J. Gillespie
8092 Southwest 115th Loop
Ocala, Florida 34481
Dear Mr. Gillespie:
Thank you for contacting Governor Rick Scott. The Governor appreciates your concerns
and asked me to respond on his behalf.
The Florida Constitution limits the Governor's intervention in matters that should be
resolved through the court system. The person who can best assist you with your
question/ concerns about "Husband and Husband" mortgage is an attorney. If you need help
finding an attorney, the Florida Bar offers a Lawyer Referral Service which you may contact by
calling toll-free: (800) 342-8011. For those unable to afford a lawyer, Florida Legal Services or
your local legal aid office has information about the availability of pro bono counsel. The main
telephone number for Florida Legal Services is The Florida Bar can assist you
with this process. Please contact the Florida Bar directly or visit the web site
www.f1oridabar.org..
You should contact the Judicial Qualifications Commission (JQC) about your complaint
against Judge Cook. The Commission considers situations where it is alleged that a judge's
personal conduct and behavior violated the Code of Judicial Conduct. All complaints must be
put in writing. To contact the Commission, please use the information provided below.
Judicial Qualifications Commission
1110 Thomasville Road
Tallahassee, Florida 32303
(850) 488-1581
Regarding your views on same-sex marriage, you can influence legislation by contacting
your local legislative delegation. To contact your legislators and track bills as they proceed
through the legislative process, please visit www.1eg.state.fl.us.
Thank you again for contacting the Governor's office.
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Martha Lynn .
Office of Citizen Services
Executive Office of the Governor
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Governor Rick Scott July 20, 2012
Office of the Governor
209 The Capitol
400 South Monroe Street
Tallahassee, FL 32399
RE: Husband and Husband mortgage, C1 Bank, OFR, and Judge Martha J. Cook
Dear Governor Scott:
Recently I asked Linda B. Charity, OFR Interim Commissioner, about a "Husband and Husband"
mortgage made March 17, 2011 by Community Bank & Co. (now called C1 Bank) in the amount
of $959,200 to Trevor R. Burgess and Gary M. Hess. A copy of the mortgage is enclosed.
In an email June 22, 2012 I asked Ms. Charity What is the position of OFR as to whether
"Husband and Husband" is a valid vesting, or valid way to execute a mortgage in the state of
Florida? As of today Ms. Charity has not responded.
C1 Bank is also the family business of Hillsborough Circuit Judge Martha J. Cook, who is
married to William H. Sedgeman, Jr., the banks founder and Chairman. Judge Cook provides
unofficial counsel to the bank, and once served as the banks registered agent.
OFR responded to my records request about this matter July 2, 2012 as follows:
We are in receipt of your most recent request for public records, dated June 22, 2012 for
records relating to ...records that reference the "Husband and Husband" mortgage made
by Community Bank & Co., now called C1 Bank...and...records pertaining to same-sex
mortgages generally.
A diligent search of the records of the Office reveals no records responsive to your
request in the records of the Office.
A copy of the response by Brian Hermeling is enclosed. This response does not appear accurate
because I know there were several emails that referenced the Husband and Husband mortgage
between myself, Linda Charity, and the FDIC in Atlanta, with copies to the media.
Has Attorney General Bondi opined on whether Husband and Husband or same-sex mortgage
is a lawful vesting in Florida? It appears that this mortgage opens the door for other Florida
lenders to issue similar mortgages to same-sex couples on the basis of equal protection.
Personally I support equal rights for all, including equal rights for same-sex couples who want to
marry and hold property. Currently this appears prohibited by the Florida Constitution:
Article 1, Section 27: "Marriage defined.Inasmuch as marriage is the legal union of
only one man and one woman as husband and wife, no other legal union that is treated as
marriage or the substantial equivalent thereof shall be valid or recognized."
Governor Rick Scott
July 20, 2012
Page - 2
The federal Defense of Marriage Act (DOMA) also defines marriage as the legal union of one
man and one woman. The law passed both houses of Congress by large majorities and was
signed into law by President Bill Clinton on September 21, 1996. However The ABA Journal
reported May 31, 2012 1st Circuit Strikes Down Section of DOMA Law Denying Federal
Benefits to Gay Couples, see the enclosed copy, or online at the link below.
http://www.abajournal.com/news/article/1st_circuit_strikes_down_section_of_doma_law_denyi
ng_federal_benefits_to_ga/
The SCOTUS Blog reports U.S. files DOMA challenges (UPDATED) and UPDATED July
4: The government petitions on DOMA have been docketed as 12-15 (First Circuit case) and 12-
16 (District Court-Northern California case). The House GOP leaders petition filed earlier is
docketed as 12-13 (First Circuit case). The responses to all three are due August 2, unless
extended.), see online at the link below.
http://www.scotusblog.com/2012/07/u-s-doma-challenges-filed/
This matter was brought to the attention of Thomas J. Dujenski, FDIC Director for the Atlanta
Region, and Timothy J. Hubby, Assistant Regional Director. Mr. Hubby called me April 24,
2012 and said the same-sex mortgage title issue is a consumer compliance issue, not a safety and
soundness concern. My communication with OFR and the FDIC on March 30, 2012 was part of
a broader objection to the application to merge Community Bank & Co. with the Palm Bank.
Trevor R. Burgess is an officer of CBM Florida Holding Company, the parent of C1 Bank.
Mr. Burgess is also C1's Chief Executive. The Husband and Husband mortgage is on a
Parkshore Plaza condo, 300 Beach Drive NE, unit 2201, St. Petersburg. This is also listed as the
principal address by the Florida Division of Corporations for Artesia Capital Management USA
LLC, a Delaware Corporation doing business in Florida, which is how I found this information.
Mr. Burgess describes himself as an openly gay entrepreneur in his profile on the Equality
Florida website. The profile also states Trevor has been featured in Bloomberg Magazine' s Out
on the Street and in the book, The G Quotient-Why Gay Executives are Excelling as Leaders.
Trevor graduated from Dartmouth College in 1994. Trevor and his husband of 16 years, Gary
Hess, have a fantastic daughter named Logan. A copy of the profile is enclosed, and is online at
this link: http://equalitymeansbusiness.com/node/11
Mr. Burgess is also on the Advisory Board of Equality Florida which claims We are the largest
civil rights organization in Florida dedicated to ending discrimination based on sexual
orientation and gender identity. http://equalitymeansbusiness.com/advisory_board
On July 18, 2012 an opinion piece by Nadine Smith appeared on Equality Floridas blog titled
Dear Lt. Gov. Jennifer Carroll: Yes, you do look like a lesbian. http://eqfl.org/node/1872
Governor Rick Scott
July 20, 2012
Page - 3
As a black lesbian who also heads Equality Florida, the state LGBT advocacy group, I
initially wasnt going to write about the accusations that our lieutenant governor Jennifer
Carroll was caught in her office having sex with a female subordinate.
The tabloid-ready scandal involving a married, mother of three who is an anti-gay
conservative naturally piques the imagination of our voyeur culture. But weve
collectively feasted on right-wing sexual hypocrisy for so long that my care factor was
half the size of the Higgs Boson God Particle. In fact, as I scrolled past the story in my
email queue, my first reaction was Oh thats right. Florida has a lieutenant governor.
Because Mr. Burgess is on the Advisory Board of Equality Florida, and is the CEO of Judge
Cooks bank, this accusation reflects on Judge Cook.
In my view this particular "Husband and Husband" mortgage shows unethical behavior by
Judge Cook, and was made as a personal favor to Mr. Burgess in consideration of his role with
Brazilian billionaire Marcelo Faria de Lima to invest millions of dollars in Judge Cooks bank, to
bail-out Judge Cook, and save Judge Cook and her husband from financial ruin in 2009.
In 2009 Community Bank of Manatee (now C1 Bank) sold a controlling interest to Mr. Lima
while under Consent Order FDIC-09-569b and OFR 0692-FI-10/09. During the review process
with OFR, Mr. Lima failed to disclose that his past employer ABN AMRO Bank faced one of
the largest Money Laundering and Trading With The Enemy cases ever brought by the
Department of Justice. Mr. Lima is an international investor with interests in companies located
in the United States, Brazil, Mexico, Turkey, Denmark and Russia employing over 6,000 people
and generating sales of over $1 Billion. Mr. Lima stated that CBM Florida Holding Company
was formed in 2008 to acquire, capitalize and rehabilitate Florida banking institutions. About
$75 million has been invested in this effort with little known about the source of the funds.
Mr. Limas tenure at ABN AMRO Bank in Chicago coincides with accusations of significant
criminal activity. On December 19, 2005 a Cease and Desist Order, FRB Dkt. No. 05-035-B-FB,
was issued against ABN AMRO Bank, including the Chicago Branch where Mr. Lima worked.
ABN AMRO Bank agreed to stop its unlawful money laundering operations which date to 1995
during Mr. Limas tenure. The matter was widely reported in the press, including the Wall Street
Journal on December 20, 2005 "ABN Amro to Pay $80 Million Fine Over Iran, Libya", but Mr.
Lima claimed he never knew and failed to disclose the information as required by law on his
Interagency Biographical and Financial Report submitted to OFR.
OFR failed to conduct a sufficient background check on Mr. Lima that would have disclosed
criminal activity during his tenure at ABN AMRO Bank that was not reported on his application
to acquire a controlling interest in the bank as required by Florida law. Much of this information
can be found in my Petition for Public Hearing in the Application To Merge Community Bank &
Company with First Community Bank of America, OFR Admin. File No. 0828-FI-03/11. The
petition is also on Scribd at http://www.scribd.com/doc/51601224/Merger-of-Community-Bank-
and-Company-OfR-Petition-for-Public-Hearing
Governor Rick Scott
July 20, 2012
Page - 4
Judge Cook is a judge of questionable ethics according to a story in the Tampa Tribune by
Shannon Behnken, July 21, 2011: "Critics: Judge with interest in bank shouldn't hear
foreclosures" http://www2.tbo.com/news/real-estate-news/2011/jul/21/2/critics-judge-with-
interest-inbank-shouldnt-hear--ar-245497/
A number of Florida legal authorities have publicly criticized Judge Cook, including Henry P.
Trawick Jr., a Sarasota lawyer and author of Florida's Practice and Procedure. This story was
also profiled July 22, 2011 on The Florida Bars Daily News Summary, found at this link
http://www.floridabar.org/DIVCOM/PI/PINewsSummary.nsf/FV/B820BFD498A31E31852578
D50050DFC9
Gov. Scott, Florida should recognize same-sex marriage and allow same-sex couples to buy and
mortgage property in a way that reflects their commitment. This right should be available to all
same-sex couples, not just a wealthy, politically connected, openly gay entrepreneur like Trevor
Burgess who was part of a multi-million dollar bailout of Judge Cooks bank.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
(352) 854-7807
cc: The Florida Cabinet
Attorney General Pam Bondi
Office of Attorney General
State of Florida
The Capitol PL-01
Tallahassee, FL 32399-1050
Chief Financial Officer Jeff Atwater
Office of the Chief Financial Officer
Florida Department of Financial Services
200 East Gaines Street
Tallahassee, FL 32399-0301
Agriculture Commissioner Adam Putnam
Florida Department of Agriculture and Consumer Services
The Capitol
Tallahassee, FL 32399-0800
July 20, 2012
Attorney General Pam Bondi
Office of Attorney General
State of Florida
The Capitol PL-01
Tallahassee, FL 32399-1050
RE: Husband and Husband mortgage, C1 Bank, OFR, and Judge Martha J. Cook
Dear Attorney General:
Enclosed you will find my letter and enclosures to Gov. Scott concerning a Husband and
Husband vested mortgage made by Community Bank & Company, now called C1 Bank.
What is the legal status in Florida of a Husband and Husband vested mortgage? Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
(352) 854-7807
Enclosures
cc: Governor Rick Scott
Chief Financial Officer Jeff Atwater
Agriculture Commissioner Adam Putnam
REGULATION
FLORIDA
OFFICE OF
FINANCIAL
OFR
PROTECT I REGULATE I INVESTIGATE I ENFORCE
Linda B. Charity
INTERIM COMMISSIONER
July 2,2012
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
Public Records Request:# 36846
Reference# 828274
Dear Neil J. Gillespie:
We are in receipt of your most recent request for public records, dated June 22, 2012 for records relating
to " ... records that reference the "Husband and Husband" mortgage made by Community Bank & Co.,
now called Cl Bank... and... records pertaining to same-sex mortgages generally. "
A diligent search of the records of the Office reveals no records responsive to your request in the records
of the Office.
Should you have any questions please feel free to contact me at 850-410-9784.

. ,-
..
g;

Brian Hermeling, Financial Specialist
Office of Financial Regulation
FINANCIAL SERVICES COMMISSION
GOVERNOR RICK SCOTT. CHIEF FINANCIAL OFFICER JEFF ATWATER. ATIORNEY GENERAL PAM BONDI AGRICULTURE COMMISSIONER ADAM PUTNAM
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I mproving Floridas nat ional and int ernat ional reput at ion as a welcoming and inclusive place t o live, work and visit .
Tr ev or R. Bu r gess
Chi ef Ex ecut i v e Of f i cer
At C1 Ban k an d at al l of ou r i n v est men t s
ar ou nd t h e w or l d - w e st r i v e t o h i r e t h e v er y
b est peop l e - and w e r eal i zed ear l y on t h at t o
comp et e f or t h e v er y best t al en t on a gl ob al
scal e w e need ed t o n ot onl y h av e i n cl u si v e
p ol i ci es b u t i n cl u si v e pr act i ces. As an op en l y
g ay ent r ep r en eur I h av e t h e ex ci t i n g j ob of
gr ow i n g an d r ev i t al i zi n g comp an i es. Wi t h
d i v er si t y of t al en t comes di v er si t y of i d eas
and t h e ab i l i t y t o w i n i n t h e mar k et pl ace.
Tr evor Bur gess is t he CEO and a lead invest or in and Dir ect or of C1 Bank, Tampa Bay' s leading
communit y bank wit h offices in Pinellas, Hillsbor ough, Manat ee, Char lot t e and Pasco count ies and online
at www. C1Bank. com. Tr evor is a Par t ner at Ar t esia Capit al Management a pr ivat e equit y fir m wit h
invest ment s in Brazil and t he Unit ed St at es. Befor e j oining Ar t esia, Tr evor spent t en year s at Mor gan
St anley wer e he was last a Managing Dir ect or in Global Capit al Mar ket s leading over 100 invest ment
banking t ransact ions such as t he I PO for Chipot le. Befor e j oining Mor gan St anley, he was a management
consult ant at Monit or Company t he Cambr idge, Massachuset t s fir m associat ed wit h Michael Por t er.
Tr evor has been feat ur ed in Bloomber g Magazine' s Out on t he St r eet and in t he book, The G
Quot ient -Why Gay Execut ives ar e Excelling as Leader s. Tr evor graduat ed fr om Dar t mout h College in
1994. Tr evor and his husband of 16 year s, Gar y Hess, have a fant ast ic daught er named Logan.
MEMBER MEMBER
ABOUT US
Equ al i t y Mean s Bu si n ess is a pr oj ect of Equalit y Flor ida & t he Equalit y Flor ida I nst it ut e. We ar e t he lar gest civil r ight s or ganizat ion in Flor ida dedicat ed t o
ending discr iminat ion based on sexual or ient at ion and gender ident it y.
For mor e infor mat ion, cont act us or phone 813- 870- 3735.
2010, Equal i t y Fl ori da
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Equality Means Business | The Future Of Business In Florida http://equalitymeansbusiness.com/node/11
1 of 1 7/20/2012 12:29 PM
Constitutional Law
1st Circuit Strikes Down Section of DOMA Law Denying Federal Benefits to Gay
Couples
Posted May 31, 2012 10:20 AM CDT
By Debra Cassens Weiss
Image from Shutterstock.
A federal appeals court has struck down part of the federal Defense of Marriage Act on equal protection and federalism
grounds.
The Boston-based 1st U.S. Circuit Court of Appeals ruled the law discriminates against married gay couples who are denied
federal benefits, the Associated Press and the Los Angeles Times report. The case is all but certain to wind up before the
U.S. Supreme Court, AP says.
The appeals court said rationales offered in support of the federal benefit ban are not sufficient under a standard of "closer
than usual review." The court ruled in challenges to the law filed by the state of Massachusetts, and by a group of same-sex
couples and surviving spouses of such couples who were married in the state.
"Under current Supreme Court authority, Congress' denial of federal benefits to same-sex couples lawfully married in
Massachusetts has not been adequately supported by any permissible federal interest," the opinion (PDF) said.
The court ruled in a challenge to Section 3 of the law that defines marriages, for federal purposes, as a legal union between
one man and one woman. Under the law, same-sex married couples are not entitled to the same federal economic benefits
enjoyed by heterosexual married couples. The benefits include the right to file joint federal tax returns, to receive Social
Security survivor benefits after the death of a spouse, and to access health insurance benefits of spouses who work for the
federal government.
The unanimous ruling doesnt reach a second portion of the law that says states cannot be forced to recognize gay marriages
performed elsewhere. The author of the opinion, Judge Michael Boudin, is an appointee of President George H.W. Bush, the
Wall Street Journal Law Blog reports. The other panel members are appointees of Presidents Clinton and Reagan.
The U.S. Justice Department had originally supported the law in the federal district court in Massachusetts and in initial briefs
before the 1st Circuit. Later the department switched its stance and argued in a new brief that the law violated equal protection
guarantees.
The 1st Circuit panel stayed its ruling "anticipating that certiorari will be sought and that Supreme Court review of DOMA is
highly likely."
"This case is difficult because it couples issues of equal protection and federalism with the need to assess the rationale for a
congressional statute passed with minimal hearings and lacking in formal findings," the appeals court said. "In addition,
Supreme Court precedent offers some help to each side, but the rationale in several cases is open to interpretation. We have
done our best to discern the direction of these precedents, but only the Supreme Court can finally decide this unique case."
Hat tip to How Appealing.
Copyright 2012 American Bar Association. All rights reserved.
1st Circuit Strikes Down Section of DOMA Law Denying Federal Benefits... http://www.abajournal.com/news/article/1st_circuit_strikes_down_secti...
1 of 1 7/20/2012 12:26 PM