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I have just discovered these 1999 Rules and Policies were promulagated at least May 12, 1995. Now, the genealogy of change back to 1978 must be researched.
The erroneous 20 acre statement in the 1999 Rules and Polices is found also in the 1995 Rules and Policies. I would think someone would caught this and corrected it.
Notice also there is to be no attention given the 10 acre clause at all to test validity of a Murphy Act reservation on the deed or parcel on which a release is being sought.
Instead, FDOT is to check the location of the property street address and determine if the street or road is listed in the State Legislation of the County wherein the parcel is located. If the street does match a designated State Road the TIITF reservation is considered VALID and a release is mandatory, the ten acre clause not being applied at all.
Then the person seeking a release of the Murphy Act reservation must make special application to the FDEP for a special form to ask for a release. The information demanded with the application does not include the fee of $200 FDEP now charges. Once this application is filed together with all the required supporting documents "A-H" above, then FDEP will forward the application to the FDEP District where the property is located. The FDOT District then determines if the property exists along a designated State Road and if it does signs off that the TIITF reservation is valid.
I challenge FDOT's morality and integrity on these new Rules and Policies since from 1941 until at least 1978 they decided validity on the TIITF reservations on the 10 acre clause FIRST BEFORE EVEN RESEARCHING IF THE PARCEL WAS ON A DESIGNATED STATE ROAD. From 1941 to 1978, for 37 years they applied the 10 acre clause one way and determined validity and then sometime just prior to 1999 when the new Rules and Policy were implemented they treated citizens differently applying a different methodology of validity. I know FDOT had a gun to its head by FDEP over this issue and forced them to apply this unfair new Rule and Policy, but why was there no protest? And why does FDOT not tell citizens the truth when they come seeking information. I was lied to, deceived, and record books mysteriously disappeared when I went to talk to Susan Rossetti about these matters.
According to the 1978 Rules and Policies FDOT was to maintain log books at each District level and in these were to be recorded the information concerning requests for release. When I first went to Ms Susan Rosetti here in Tampa at FDOT about these log books, she took me down several hall ways to a room filled with note-book type binders. She pulled out one and showed it to me. I did not read what was on the pages. She put the book back on the shelf. I informed here I wanted to come back and review these log books. She showed respect for my request and said that was possible and I would need to set up an appointment. I called back for an appointment some weeks later. When I went in I was informed by another gentleman that the log books did not exist and he did not know where they might be. He suggested they may be in Bartow, Florida where all the old records existed before District 7 was created from District 1. I asked about the books Ms Rossetti had shown me and he said she made a mistake there were no log books there. While I questioned this I got no where. I then called Bartow in District 1 and asked about the log books. I got a call back some days later and they said the log books had been thrown away years earlier and there were none. I questioned how government property like this could just be thrown away? The man I talked to told me he was not going to argue with me, they did not exist. He then politely hung up. But, let me say here in the public that if I ever have to go to court over the TIITF issue I am going after these log books under discovery and I will get details and more then a brush off. If need be I will depose the Secretary of FDOT and have him bring all the records. I am sure something will come up and all these lies exposed and just more attempts to perpetuate fraud upon the people of Florida.
Ms. Susan Rossetti of District 7 had several telephone contacts with Jack Wolf of FDEP in Tallahassee and she followed his instructions concerning not giving me information. On some information I had to make a freedom of information request. I talked with Attorney Ken Towcimak (Right of Way) in Tallahassee and he told me the way the FDEP was treating citizens differently was unfair in his opinion but he could not speak for FDOT or FDEP on this matter because they were forced to follow the Administrative Rules of FDEP regarding the Murphy Act reservations.
I was still like a bull-dog wanting information. I talked to Mr. Jack Wolf and sat across from his desk about these changes in Policy and Rules and all he would say is they had a right to protect the lands and the value thereof for the State of Florida, and specifically because the Trustees of the Internal Trust Fund has this obligation. I then ask him for a copy of all prior Rules and Policies of the TIITF Board and FDEP in regard to Murphy Act reservations. He said he did not know where to obtain them. He did not say they didn't exist, he said only he did not know where to find them. I then asked him for copies of all prior application forms promulgated by FDEP or the TIITF Board for release of the Murphy Act reservations. He told me he did not know where these might be. I asked him if he kept records on requests for release. He said yes. I ask him then if I might be able to review these public documents some in 1990s, some in 1980s, some in 1970s, some in 1960s, some in 1950s, and some in 1940s. I told him surely these files would contain copies of the forms used to make application for release. He sat there in silence with any comments. Should I ever need to go to court for the TIITF problem I do intend to go after these through discovery. I want specifically to see if there has been a change in Rules and Policies. I will go after all the prior Rules and Policies of the FDEP and the TIITF Board all the way back to 1941 or to the first set issued in regard to Murphy Act reservations and releases.
As any good attorney will notice, the fraud being perpetrated by the State of Florida needs to be investigated and brought to light. The State of Florida owes a lot of people millions of dollars in stolen values. I know this will be impossible to correct and so in lieu of this I am seeking the release of all TIITF reservations through the Murphy Act on all parcels ten acres and under regardless of their location on or off of a designated State Road. This is not to much to ask and I believe it to be a fair and just settlement of the crime against the people of Florida.
Pastor G. Reckart