Here is the reply from yesterday's request to Rodney MacKinnon the Inspector General, below that you will see the response that was just emailed at 6 AM this morning

From: MacKinnon, Rodney <Rodney.MacKinnon@myfloridalicense.com> 
Sent: Monday, April 7, 2025 7:50 AM
To: rob 2sqsol.com <rob@2sqsol.com>
Cc: Noble, Katie <Katie.Noble@myfloridalicense.com>; Ehrhardt, Robert <Robert.Ehrhardt@myfloridalicense.com>; McGinnis, Katy <Katy.McGinnis@myfloridalicense.com>; Bailey, Maggie <Maggie.Bailey@myfloridalicense.com>
Subject: RE: OIG CASE #2025290-REF - Formal Recap, Settlement Proposal, and Jurisdictional Clarification Request

Good morning Mr. Pillow,

You’ve addressed this to me, so I’m going to respond. 

Per Section 20.055, Florida Statutes, my office is generally independent within the Department and I do not speak on the Department’s behalf, only my own office.  
Similarly, while I am a licensed attorney, I am not an attorney for the Department and have no authority to enter into a settlement or any other legal agreement with you on behalf of the Department.  
My office taking a political position via a Change.org position would violate state law (Section 20.055(6)(a)), as would, in my opinion, several of the other terms you’ve outlined in your proposal, including suspending licenses without due process.
Your case with my office is closed.  
Your public records request is being processed.
Unless you provide new facts or a new public records request, this will be the last response provided from me and my office.
 

RJM

Rodney J. MacKinnon

Inspector General

Florida Department of Business and Professional Regulation 

2601 S. Blair Stone Road

Tallahassee, FL 32399

(850)-414-6700

Please Note:  Florida has a very broad public records law. Most written communications to or from state employees regarding state business are public records available to the public and media upon request. Your email communications may therefore be subject to public disclosure.

Here is the response I just sent:

Good Morning Everyone,

Additional Subject for Consideration: Request for Reconsideration and Clarification – Procedural Gaps, New Evidence, Due Process, and Open Government Standards

Thank you again for your prior response. I appreciate your time and your service to the State of Florida.

After careful review of your email and Florida Statutes §20.055, I respectfully submit the following clarifications and requests for immediate reconsideration based on newly discovered material evidence, statutory duties of your office, and Florida’s constitutional principles of open government.

1. Clarification on Jurisdiction and Duties

While your office referenced §20.055 regarding independence, the statute also explicitly charges Inspectors General with promoting accountability, integrity, and efficiency within the agency.

Given the admitted procedural gaps in Orange County permitting and inspection processes — and their direct impact on public safety, e911 registration, postal service, and occupancy — I respectfully request:

• Confirmation whether your office maintains it has no jurisdiction to review admitted procedural failures that implicate licensed officials operating under Florida Building Code enforcement statutes;
• If so, an explanation under what authority your office limits its jurisdiction when public safety and regulatory failures are admitted on the public record.

2. Procedural Gaps – Request for Specific Action

I previously submitted documentation showing Orange County’s written acknowledgment of “errors that weren’t really errors but procedural gaps.”

Accordingly, I respectfully request:

• A formal review of these admitted procedural failures;
• If your office still declines action, a written explanation of the legal or policy basis for declining review;
• Specific confirmation whether you personally or your General Counsel previously reviewed these procedural gap admissions prior to the closure decision;
• If this information is being reviewed for the first time now, immediate reconsideration based on new evidence. 

3. New Evidence – Material Changes and Case File Transparency

Since your office’s prior closure, I have uncovered new material evidence, including:

• A statutorily defective Notice of Commencement (NOC) directly implicating violations of Florida Statutes §713.13;
• Clear documentary evidence of retaliatory eviction actions initiated immediately following lawful technical inquiries to licensed building officials.

This new information substantially alters the legal and factual posture of the matter and was not available at the time of your office’s initial review. Additionally, this situation underscores precisely why I have repeatedly requested access to the full case files maintained by your office and the Department’s General Counsel. Despite multiple good faith requests last week, I have yet to receive any investigative file or materials reviewed in reaching the prior closure decision.

As a matter of public accountability and transparency, I respectfully submit that providing these case files should not present an undue burden — and would likely require no more than routine administrative processing.

To the extent that denial of access to the investigative files impairs my ability to meaningfully challenge the agency’s prior determination, I respectfully note that such denial may raise serious concerns under the procedural due process protections of the Fourteenth Amendment.

4. Current Litigation and Public Interest Concerns

I also respectfully inform you that I have initiated a Petition for Writ of Mandamus against Orange County related to public records and procedural transparency regarding this matter. Given that these issues implicate basic public safety, administrative accountability, and service access for vulnerable populations (including veterans, seniors, and disabled citizens), I respectfully urge your office to reconsider the scope of review consistent with Florida’s constitutional principles of transparency and public trust.

5. Procedural Transparency and Case File Access

One of the fundamental problems I continue to face is the inability to know what information your office has considered in reaching its prior conclusions. Despite multiple good faith requests, I have received no access to the investigative files for any of the complaints filed.

For reference:

• The complaint regarding Chief Building Inspector Thomas Hetherman was filed just before Thanksgiving 2024;
• Additional related complaints were filed in March 2024;
• All filings occurred prior to my later discovery, on Thanksgiving weekend 2024, that the Final Issuance Review was not completed until February 29, 2024 — a discovery only made after Orange County refused to answer direct questions.
   

Had Orange County been transparent at the outset, as Governor DeSantis has championed, this situation could have been resolved much earlier. I can acknowledge that matters arising before the discovery of the defective Notice of Commencement (NOC) might have faced difficulties meeting investigation standards. However, once General Counsel Robert Earhardt advised me to submit a complaint against the Chief Building Inspector — and I complied, resubmitting the information and requesting confirmation — it became critical that your office review the full context. It was immediately following that communication, that I discovered the defective NOC.

6. Public Responsibility and Professional Courtesy

At the current time and situation, the only departments and agencies being burdened are your own. On Friday, I forwarded a copy of the relevant email chains to the President of the Florida Bar as a professional courtesy to alert them of the matters likely to come before their agency. I also spoke directly with the Florida Commission on Ethics seeking clarification on potential filings, expressly to avoid creating any unnecessary burden for them or the Florida Bar. Despite multiple email requests to confirm the addition of newly discovered information into the review process, I have no clarity regarding what evidence has been considered by your offices.

As a result, I believe we are now left with two choices:

• In the spirit of an open and transparent government, I am prepared to submit a fully organized and updated timeline consolidating all factual discoveries to date for formal reconsideration;
• Alternatively, if necessary, I am prepared to file new, fully organized, and detailed complaints against the relevant officials and agencies involved.
   

I respectfully request confirmation from both Inspector General MacKinnon and General Counsel Robert Earhardt regarding whether you intend to:

(1) Provide the complete investigative files already requested; or
(2) Prefer that I submit a formal updated timeline or new complaints to facilitate review.
 

Specifically, I need to know whether the following critical elements have been reviewed and considered:

• The Final Issuance Review date (February 29, 2024);
• The defective Notice of Commencement (NOC);
• The Change of Use permit issues;
• The Orange County Administration’s admitted procedural gaps (official communications to State Representative Eskamani’s office);
• The Orange County Lead Attorney’s official statement that the County is "too busy" to monitor rentals — and how this statement is acceptable under Florida law considering that occupancy permits and monitoring are fundamental to legal compliance and public protection.
   

I respectfully request a formal explanation as to how that statement aligns with the mission of the Florida Department of Business and Professional Regulation and the Office of Inspector General to protect citizens, especially vulnerable populations, from regulatory harm.

7. Open Government Standards

Governor Ron DeSantis emphasized upon taking office in 2019 that “transparency and accountability are paramount to maintaining the public’s trust in government,” and pledged that all Florida agencies would operate in a fully open and transparent manner. Respectfully, I ask: When will I experience the open and transparent government that Governor DeSantis has championed from day one?

I respectfully submit that full compliance with public record requests, meaningful review of new evidence, and agency accountability are essential components of that pledge.

Closing

I remain committed to resolving this matter through proper channels and fully within the rule of law. In observing the exact same patterns of procedural evasion and non-responsiveness that occurred with Orange County, it appears I will have no choice but to escalate this matter to additional agencies and oversight bodies.

You will note that new recipients have been added to this reply in order to allow other agencies or individuals an opportunity to mitigate this situation. This situation never should have occurred to begin with, and it was only compounded exponentially by my good faith reliance on every official channel recommended by the State of Florida and Orange County — including reaching out to elected officials, local building departments, and directly involved officials such as the Chief Building Inspector, all of whom either provided incorrect information or ignored requests entirely. After almost 16 months (officially as of March 20, 2025), I respectfully submit that I am owed a resolution. I have no interest in "playing games" at this point. I have already been forced through this same process with Orange County, culminating in a Petition for Writ of Mandamus that remains active after being transferred from County Court to Circuit Court and subsequently remanded by the Appellate Division.

I would also note that the Lead County Attorney for Orange County stated that such cases are properly venued in Circuit Court. Once again, I am left asking: Who is correct — the Lead County Attorney for one of Florida’s largest counties, or the multiple judges who have now reviewed the case file?

On a personal note, I would much prefer to dedicate my time and energy toward repairing the damage caused and rebuilding my business rather than continuing to pursue matters like this. I do not mind investing the necessary time and effort into this situation because progress, though slow, is occurring. However, I respectfully submit that I need a clear and official explanation as to how I ended up in this situation so that I can finally leave it behind. I have now spent over 16 months simply trying to find out what happened. If it takes another 16 months to secure that information, so be it.

As previously noted, there are no emotions left attached to this effort — only a focused and persistent need to obtain the full facts explaining how the ongoing problems were created and why simple, lawful requests for information were repeatedly ignored by those involved.

Please confirm your office’s final written position on these matters.

Thank you again for your time and attention.

Thanks,   

Robert J. Pillow 

2 Squares Solutions

121 S Orange Ave

Suite 1500

Orlando, FL 32801

rob@2sqsol.com

office: 407-536-WEB3 

mobile: 407-340-6100