Dr. Mary Glowacki Deposition SFRX Sham Lawsuit

6/2/2016 Seafarer Exploration Corp.
vs Darrell Volentine
Deposition of Mary Glowacki BACKORDER 14-CA-8902 1
1 IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR
2 HILLSBOROUGH COUNTY, FLORIDA
4 SEAFARER EXPLORATION
CORP.,
5
6 Plaintiff,
vs. CASE NO.: 14-CA-8902
7 DIV. L
9 DARRELL VOLENTINE,
10 Defendant.
______________________/
11
THE DEPOSITION OF: DR. MARY GLOWACKI
12
AT THE INSTANCE OF: THE DEFENDANT
13
DATE: JUNE 2, 2016
14
TIME: COMMENCED: 10:12 a.m.
15
LOCATION: PREMIER REPORTING
16 114 W. 5TH AVENUE
TALLAHASSEE, FLORIDA 32301
17
REPORTED BY: KAIRISA MAGEE
18 Court Reporter and
Notary Public in and for
19 State of Florida at large
20
21
22
23 PREMIER REPORTING
114 W. 5TH AVENUE
24 TALLAHASSEE, FLORIDA 32303
(850)894-0828
25
Premier Reporting (850) 894-0828 Reported by: Kairisa Magee

114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com
6/2/2016 Seafarer Exploration Corp. vs Darrell Volentine
1 APPEARANCES:
3 ON BEHALF OF THE PLAINTIFF:

(APPEARING TELEPHONICALLY)
4
Craig Huffman, Esquire
5 SECURUS LAW GROUP, P.A.
13046 Race Track Road
6 #243
Tampa, Florida
7
8
ON BEHALF OF THE DEFENDANT:
9
Evan Kidd, Esquire
10 704 1st Court
Palm Harbor, Florida 34684
11 (727) 786-3015
12
13 ON BEHALF OF THE FLORIDA DEPARTMENT OF STATE:
14 David A Fugett, Esquire

david.fugett@dos.myflorida.com
15 FLORIDA DEPARTMENT OF STATE
500 South Bronough Street
16 Tallahassee, Florida 32305-0250
(850) 245-6536
17
18
ALSO PRESENT:
19
Mr. Mark Blumstin
20 Mr. Kyle Kennedy
Mr. Thomas Soeder
21
22
23
24
25

1 EXAMINATION INDEX
2
EXAMINATION OF DR. MARY GLOWACKI
3 BY MR. KIDD . . . . . . . . . . . . . . . . 4
BY MR. HUFFMAN . . . . . . . . . . . . . . 58
4 FURTHER BY MR. KIDD . . . . . . . . . . . . 70
5
6
7 EXHIBIT INDEX
8 MAR
Plaintiff's Exhibit
9 6 Documents. E-mail dated Sunday, 63
02114/16 05:32:51 PM
10
11 Defendant's Composite Exhibit
5 Documents and CD provided by the Florida 54
12 Bueau of Archaeological Research
13
Defendant's Exhibit
14 1 SEAFARER EXPLORATION CORP. AND 30
SUBSIDIARIES
(A Development Stage
15 Company)
NOTES TO CONDENSED FINANCIAL
STATEMENTS
(Unaudited)
16
2 Document. 10K 34
17
3 Document. Exploration Permit with the 37
18 Florida Division of Historical Resources
for an Area off of Juno Beach, Florida
19
4 Document. Entitled "Seafarer 39
20 Exploration
Corp. Discovers
Silver
Treasure Coins at
Salvage Site"
21
22
23
**Uh-uh is a negative response
24 **Uh-huh is a positive response
25

1 D E P O S I T I O N
2 Whereupon,
3 MARY GLOWACKI
4 was called as a witness, having been first duly
5 sworn to speak the truth, the whole truth, and
6 nothing but the truth, was examined and testified as
7 follows:
8 EXAMINATION
9 BY MR. KIDD:
10 Q. All right. Good morning.
11 A. Good morning.
12 Q. My name is Evan Kidd. I'm the attorney for
13 Darrell Volentine. Have you been deposed before?
14 A. No.
15 Q. Okay. So basically what's going to happen
16 here is I'm going ask a series of questions, and the
17 court reporter is going to record both the questions
18 and the answers. If you can please keep your
19 answers as accurate and truthful as possible, and if
20 you don't understand a question, please just let me
21 know. I'll repeat it because potentially what we're
22 doing here is creating a record for the Court in
23 lieu of you having to appear in court at a future
24 date. So we need this to be as accurate and
25 complete as possible.

1 A. (Nodding)
2 Q. All right --
3 MR. HUFFMAN: Evan, just let me interrupt
4 you. I hear you perfectly. I could not hear
5 Dr. Glowacki.
6 MR. FUGETT: She's about to speak in a
7 little bit, and if you don't hear once the testimony
8 starts, let us know, and we'll move the phone closer
9 to her.
10 MR. HUFFMAN: All right. Thanks, Dave.
11 MR. FUGETT: You're welcome.
12 If we need to move it closer, we can do
13 that; so don't strain. The rest of us I think are
14 pretty loud; so --
15 BY MR. KIDD:
16 Q. Okay. So when we were just talking before,
17 you nodded in response to what I was saying. In the
18 future, if you could please just go ahead and
19 verbalize. That way it can be recorded for the
20 record.
21 A. Yes.
22 Q. Thank you.
23 All right. Could you please state your
24 name for the record?
25 A. Yes. It's Mary Glowacki.

1 Q. All right. And your occupation?
2 A. Archaeologist.
3 Q. Okay. And could you give me a brief
4 description of your professional and educational
5 background please?
6 A. I currently serve as the state archeologist
7 for the State of Florida and the bureau chief of the
8 Florida Bureau of Archeological Research.
9 Q. Okay.
10 A. My educational background includes a
11 bachelor's degree from Mary Washington College in
12 Virginia, a master's degree from Lake Forest
13 University in North Carolina, as well as one from
14 Brandeis University in Waltham, Massachusetts where
15 I received my Ph.d.
16 Q. Okay.
17 MR. KIDD: Did you hear that all right?
18 MR. HUFFMAN: Oh, yeah. I'm hearing her
19 fine now, yeah.
20 MR. KIDD: Greet.
21 BY MR. KIDD:
22 Q. All right. And are you responsible for
23 maintaining the file in front of us today?
24 MR. FUGETT: I can answer that. I mean,
25 she's responsible for some of it, but it's not one

1 person that's responsible for that file. We got it
2 from three different sources, including the three
3 different witnesses that we're here today -- that
4 will be here.
5 MR. KIDD: All right. And just for the
6 record, I'd like to point out that the -- the
7 plaintiff has stipulated to the authenticity of the
8 documents in question. Therefore, I will not be
9 laying foundation.
10 MR. HUFFMAN: No. I stipulate to
11 authenticity, not admissibility that you don't have
12 the grounds for if you don't have a witness who's
13 familiar with the documents.
14 MR. KIDD: I misspoke. I meant to say
15 authenticity. I apologize.
16 MR. HUFFMAN: Right.
17 Okay. So I expect you'll lay the
18 foundation.
19 MR. KIDD: Okay. Yeah. Sure thing.
20 BY MR. KIDD:
21 Q. All right. Are you able to identify the
22 contents of this file?
23 MR. FUGETT: I think you'll have to show
24 her individual documents. I think some of them -- I
25 think she'll be able to pretty much identify just

1 about anything --
2 MR. KIDD: Okay.
3 MR. FUGETT: But in terms of looking at
4 over two -- possibly over 3,000 pages of documents,
5 I'm not comfortable with my witness looking at that
6 stack and saying that she can do that for all of
7 them.
8 MR. KIDD: Okay.
9 BY MR. KIDD:
10 Q. All right. Well, are you familiar with
11 this exhibit for identification?
12 MR. FUGETT: Go ahead and take a look at
13 it. They want to see if you're familiar with it.
14 But again I have to ask, you mean you want
15 her to go look at every page and see if she's
16 familiar with everything because that's going to
17 take awhile. I mean, she can do it, but it's just a
18 lot of documents.
19 MR. KIDD: Understood.
20 MR. FUGETT: If you have any specific
21 documents that you have in mind, or what type of
22 documents -- and you can show her. That might speed
23 it up, but if not, we'll do what you want us to do.
24 It just might -- I don't want her to just really
25 quickly just say yes real quick when she hasn't

1 looked at everything.
2 Again, most of the stuff she probably has
3 looked at, but these are documents from the files of
4 three different individuals, all of them involved in
5 this case. But I don't feel comfortable with her
6 giving a blanket acknowledgement on every single
7 thing that's in that file because some of it might
8 not be hers.
9 MR. KIDD: Okay.
10 MR. FUGETT: So --
11 MR. KIDD: Okay. Let me get a quick five
12 please.
13 MR. FUGETT: Sure.
14 (Whereupon there was a short break.)
15 BY MR. KIDD:
16 Q. Okay. Are you familiar with the plaintiff?
17 A. Yes.
18 Q. Okay. And how about Seafarer Exploration
19 and Seafarer Quest?
20 A. Yes, I'm familiar with those.
21 Q. Okay. Just for the purposes of this
22 deposition, when I reference Seafarer, I'm speaking
23 about both. So if a question I ask you would
24 generate, for some reason, a different response
25 between the two them, could you please differentiate

1 for me?
2 A. I will try, yes.
3 Q. Great. Thank you.
4 So when did you become familiar with
5 Seafarer and under what circumstances?
6 A. I became familiar with Seafarer when I
7 became bureau chief, which was a few years ago, and
8 it's my responsibility in my position to oversee the
9 salvage program, and Seafarer was involved in it.
10 Q. Okay. So when you took over as bureau
11 chief, were they applying for a permit? Seafarer,
12 that is.
13 A. I don't remember exactly.
14 Q. Okay. Do you remember possibly what type
15 of permit they applied for?
16 A. Back when I became bureau chief?
17 Q. Yes.
18 A. It would have been an exploration permit.
19 Q. Okay. What exactly is an exploration
20 permit just sort of generally, in layman's terms, I
21 guess?
22 A. It allows an organization to survey an area
23 to identify anomalies, things that may represent the
24 remains of shipwrecks.
25 Q. Okay. Are you aware of Seafarer changing

1 their permit status at all since the exploration
2 permit was issued?
3 MR. HUFFMAN: Objection to form.
4 MR. FUGETT: You can go ahead.
5 THE WITNESS: Changing the status of the
6 permit -- there is a modification that you can
7 receive, and there was the modification to what we
8 refer to now as Phase 2, Dig and Identify.
9 BY MR. KIDD:
10 Q. Okay. And are there any requirements to
11 maintain such a permit?
12 A. Yes. They're all spelled out in Rule
13 1A-31.
14 Q. Could you briefly summarize that for us?
15 A. The rules?
16 Q. Yeah. To maintain the -- to maintain the
17 permit.
18 MR. FUGETT: Object to form.
19 MR. KIDD: Okay.
20 MR. BLUMSTIN: Ask it again.
21 MR. FUGETT: I'm going to let her answer if
22 you really want her to summarize statutes and laws,
23 but I'm going to object to it.
25 MR. HUFFMAN: I join in the objection.

1 BY MR. KIDD:
2 Q. Okay. Are there any checks on compliance
3 with the permit?
4 A. I --
5 Q. So --
6 A. -- don't understand your question.
7 Q. Sure. Sure.
8 So if you issued a permit, is there some
9 sort of system of oversight to make sure you're
10 complying with the requirements to obtain and
11 maintain the permit?
12 A. Yes.
13 Q. Could you describe that for us?
14 A. Yes. We require, pursuant to Rule 1A-31,
15 monthly field logs that indicate whether or not a
16 company is on the water working and what kind of
17 work is performed. We require an interim and a
18 final report that explains the amount of work that
19 was completed --
20 Q. Okay.
21 A. -- and the status of the project.
22 Q. Okay. Are you aware of Seafarer applying
23 for any other types of permits?
24 A. Other kinds of permits?
25 Q. Yeah. Any other permit.

1 A. Not to my knowledge, no.
2 Q. Okay.
3 MR. HUFFMAN: I'm going to object for the
4 record, but at least a clarification, can we know
5 about which permit we're talking about that
6 Dr. Glowacki is actually or that she actually has in
7 mind that she's discussing this --
8 MR. KENNEDY: Melbourne Beach, or Juno
9 Beach, or Lantana.
10 MR. KIDD: We're trying to discover at this
11 moment the extent of the permits that have been
12 issued. So with that said, I don't --
13 MR. HUFFMAN: With that said, counsel, she
14 was just talking about a permit being issued and
15 then modified; so there is a specific permit that
16 she's discussing. I'd just like to identify that
17 permit.
18 MR. KIDD: Sure, sure.
19 BY MR. KIDD:
20 Q. Okay. Would you please identify the permit
21 we've been speaking about that has been modified?
22 A. This is the area that was -- I think best
23 described as formerly having been under a contract
24 with Heartland Treasure Quest.
25 Q. Okay.

1 A. That contract was amended to open up this
2 particular area, and we issued Seafarer Quest a
3 three-square-mile permit area.
4 Q. Okay. For which area?
5 A. It was Area 2.
6 Q. And where would Area 2 correlate to, like,
7 citywise, townwise?
8 A. I would have to refer to the documents --
9 Q. Sure.
10 A. -- exactly the nearest location.
11 Would you like me to --
12 Q. Yes, yes. Please.
13 A. -- do that?
14 That might take a minute. I just need the
15 map.
16 MR. FUGETT: You don't have that? Any
17 documents for that permit that you're referring to?
18 MR. KIDD: Not in front of me, no.
19 MR. FUGETT: We'll have to just look and
20 see what you have in here and see if you can find
21 it.
22 That might take her some time.
23 These are the documents we have in hard
24 files. These are the ones that we have scanned, and
25 it's not there.

1 MR. KENNEDY: Could we say generically that
2 it's at Melbourne Beach, or do you need something
3 more specific?
4 THE WITNESS: Is that generic --
5 MR. KIDD: Yeah. I mean, that's fine by
6 me. Huffman was the one that wanted to narrow it
7 down; so --
8 MR. KENNEDY: That will just help --
9 MR. KIDD: Yeah. That's --
10 MR. KENNEDY: -- that where it is.
11 THE WITNESS: I'm going to --
12 MR. KIDD: Yep. I'm fine with that. Yes.
13 THE WITNESS: I'm willing to concur with
14 that. I just wanted to know, I guess --
15 specifically it's a long stretch of --
16 MR. FUGETT: You don't have to explain --
17 you don't have to explain. Just listen to the
18 question and answer it.
19 MR. KIDD: Are we good?
20 MR. HUFFMAN: Yeah. That's fine.
21 MR. KIDD: Great.
22 BY MR. KIDD:
23 Q. Okay.
25 BY MR. KIDD:

1 Q. So calling back to the permit we were just
2 discussing that was out of --
3 MR. KIDD: -- you said Melbourne Beach? Is
4 that what you said?
5 MR. KENNEDY: Yes.
6 BY MR. KIDD:
7 Q. So are you able to tell me when the
8 modification to that permit took place?
9 A. I would have to refer back to the documents
10 to see the precise --
11 Q. Okay.
12 MR. KENNEDY: It's the date of the permit.
13 MR. KIDD: Sure.
14 BY MR. KIDD:
15 Q. Okay. Are you able to tell me how many
16 different permits Seafarer has?
17 MR. FUGETT: If you know.
18 THE WITNESS: Yes. We have -- as I said,
19 Area 2 is Seafarer Quest, and right now we're in the
20 process of preparing a second permit for Area 1,
21 and --
22 Q. Okay.
23 A. -- just south of Area 2. So that would be,
24 generally speaking, Melbourne Beach.
25 Q. Okay. When you say an exploration permit

1 gives you the right to survey an area and identify
2 anomalies, could you be a little bit more specific
3 with that, like, what it means to survey or what it
4 means to be anomaly?
5 MR. FUGETT: Object to the form.
6 Go ahead.
7 THE WITNESS: We require remote sensing
8 equipment to survey an area. So it's all electronic
9 now. There are magnetometers. We use side scans.
10 Sonar that's used. And lines are run back and forth
11 over the water. And if there is something below the
12 surface using these different technologies, they
13 will appear in a print-out --
14 BY MR. KIDD:
15 Q. Okay.
16 A. -- and then it's the responsibility of the
17 person operating this equipment to identify which
18 ones may be significant; that is. That have some
19 potential to be associated with a shipwreck or the
20 remains of a shipwreck.
21 Q. Okay. So as far as you know, there is --
22 there are two permits: one that's been granted and
23 one that's been applied for in regards to Seafarer?
24 A. Yes. That's correct.
25 Q. Okay. And would you say out of the three

1 people that are going to be here today, including
2 yourself, would you say that you're most familiar
3 with these kinds of permits, or would one of the
4 other witnesses be a little bit more familiar with
5 the, you know -- like, the dates they were granted
6 and when they were applied for, things like that?
8 Go ahead.
9 THE WITNESS: I would probably be the most
10 knowledgeable. The others can probably answer the
11 questions, but they're all in the documents.
12 BY MR. KIDD:
13 Q. Okay. Have you had any communication
14 personally with Kyle Kennedy?
15 A. Yes.
16 Q. Okay. Of what nature and how often?
17 MR. FUGETT: Object to form, but go ahead.
18 THE WITNESS: Well, he calls to inquire
19 about the permit work under the permit. He's had
20 previous permits, and -- working with the
21 contract --
22 Q. Okay.
23 A. -- and through e-mail as well as phone
24 calls.
25 Q. Okay. Anybody else with Seafarer?

1 A. There are a few other individuals, yes.
2 Q. Could you identify them, please?
3 A. It's all in the documents. If you'd like
4 to refer back to those --
5 MR. FUGETT: If you don't remember and you
6 need your recollection refreshed --
7 MR. KIDD: Yes. By all means.
8 MR. FUGETT: -- by a document, feel free to
9 do that --
10 MR. KIDD: Yes.
11 MR. FUGETT: -- don't speculate. If you
12 know, you can tell him, but don't speculate --
13 BY MR. KIDD:
14 Q. It's not a memory test.
15 A. There are a number, you know, over time of
16 different people, but there are a few that are more
17 recent, but they're -- it's in the document. You
18 won't have a problem finding --
19 MR. FUGETT: Basically, all the information
20 I think you need is in all of the documents and they
21 speak for themselves, and she's here to comment on
22 that -- as a fact witness involving any applications
23 or permits involving Seafarer that you want to ask
24 her about --
25 MR. KIDD: Sure.

1 MR. FUGETT: -- but there is a lot of
2 information through time that has been documented,
3 and you have all of that.
4 BY MR. KIDD:
5 Q. When did the modification of the Phase 2
6 Permit take place?
7 A. As Mr. Kennedy had pointed out, it was upon
8 issuance of the permit.
9 Q. Okay. So upon issuance of the permit to
10 survey and identify anomalies, you also granted the
11 modification?
12 A. Yes.
13 Q. Okay. Are they working currently on
14 Area 1?
16 Go ahead.
17 THE WITNESS: No. That hasn't been issued
18 yet.
19 BY MR. KIDD:
20 Q. Right. Because the permit's still pending?
21 A. Yes.
22 Q. Thank you.
23 All right. I'm going to read to you a
24 comment that was published on April 8th of 2013, and
25 I would like it if you were able to state whether

1 you believe it to be accurate or not.
2 MR. FUGETT: Before you answer, I'm going
3 to --
4 MR. HUFFMAN: Object to form. Objection to
5 admissibility or what he's reading from.
6 MR. FUGETT: I'm going to allow her to
7 answer, but before you do, let me take a look at it
8 first.
9 In other words, listen to his question.
10 I'm going to want to take a look at what he's
11 reading, if he'll let me, and then we'll go from
12 there.
13 MR. BLUMSTIN: Just read it.
14 MR. KIDD: Sure.
15 BY MR. KIDD:
16 Q. All right. What we have here is, "A permit
17 will be granted unless its issuance is found to be
18 contrary to the public interest. One has never not
19 been issued in this type of endeavor. I'm feeling
20 pretty good about our odds of getting the permit,
21 and even better of our odds of finding treasure."
23 Go ahead.
24 Let me see. Do you mind me taking a look
25 at what you're reading from? It's up to you.

1 MR. BLUMSTIN: No. Don't give it.
2 MR. FUGETT: Then I object to it. I don't
3 know what that is. I don't know the timing of it.
4 I don't know who said it. I don't know what it's
5 about, and I object to my witness giving any answer
6 to a document that's just been vaguely read with no
7 foundation whatsoever laid for it.
8 Now, with that having been said, I'm going
9 to allow her to answer if she can.
10 MR. HUFFMAN: I will join in the objection.
11 MR. FUGETT: Now, after that --
12 MR. KIDD: Yeah. After all that, you can
13 still answer.
14 MR. FUGETT: I hope you enjoyed the show.
15 Now, if you remember the question, go ahead, and if
16 not, he'll be happy to read it again.
17 BY MR. KIDD:
18 Q. Would you like me to read it again?
19 A. Please.
20 Q. No problem. Okay.
21 "A permit will be granted unless it's
22 issuance" --
23 THE COURT REPORTER: I need you to slow
24 down your reading.
25 MR. KIDD: I'm sorry. I had too much

1 coffee today.
2 BY MR. KIDD:
3 Q. "A permit will be granted unless its
4 issuance is found to be contrary to the public
5 interest. One has never not been issued in this
6 type of endeavor. I'm feeling pretty good about our
7 odd of getting the permit, and even better about our
8 odds of finding treasure."
9 MR. FUGETT: I renew the objection.
10 Your question is whether that's a true
11 statement or not?
12 MR. KIDD: Whether it would be accurate,
13 yes.
14 MR. FUGETT: Renew objections.
15 Go ahead.
16 THE WITNESS: I can't comment. I don't
17 know the source, and I -- yeah. There is no
18 context. I can't --
19 BY MR. KIDD:
20 Q. Right.
21 A. -- comment.
22 MR. FUGETT: And also asking a witness
23 about the truth of someone else's statement is
24 improper. She's not here to act as a human lie
25 detector test for others. You can ask her regarding

1 certain facts about this case then feel free to
2 apply them however you want to as your case goes,
3 but this witness is not here to act as an expert
4 witness and to give opinions or as a human lie
5 detector test for whether or not what someone else
6 said or wrote or did is truthful. I don't believe
7 that's a proper question for any witness, certainly
8 not this one; so we object to any question like
9 that.
11 MR. KENNEDY: Mr. Kidd, can you tell us who
12 said that, or is that not what you're supposed to
13 do?
14 MR. KIDD: Nope. We're done with that
15 question.
16 BY MR. KIDD:
17 Q. Okay. Here's one you may or may not know.
18 Okay. "On July 28th, 2014, Seafarer's
19 Quest, LLC, received an 1A-31 Recovery Permit,
20 hereinafter referred to as "the permit" from the
21 Florida Division of Historical Resources for an area
22 identified off of Cape Canaveral, Florida. The
23 permit is active for three years from the date of
24 issuance. The company has been primarily focusing
25 its operations on this site when the weather

1 permits. In addition to the company's main salvage
2 vessel, the company is utilizing two additional
3 rented vessels in order to perform search and
4 recovery operations at this site."
5 Obviously, you can't comment to the veracity of
6 what the company was doing. However, would you be
7 able to comment on whether or not this would be
8 proper procedure in this situation?
9 MR. FUGETT: Can you --
10 MR. HUFFMAN: Objection to form. Objection
11 to foundation, and we have no identity as to what
12 he's even reading from.
13 MR. FUGETT: You feel comfortable providing
14 that, what you're reading from, to me to review with
15 my client?
16 MR. KIDD: I think I'll keep it.
17 MR. FUGETT: Then we'll renew our earlier
18 objections, and I will instruct the witness to
19 answer to the extent that you understood the
20 question.
21 You can answer.
22 And it's a bit of a compound question.
23 There's a lot of things that you read in that that
24 would -- that might need individual answers to the
25 extent that you know.

1 So I -- we object. Renew our earlier
2 objections, and also to the extent that it's a
3 compound question, we would ask you to break it out.
4 MR. KIDD: Yes, which I'm about to do.
5 BY MR. KIDD:
6 Q. All right. Let's start with July 28th,
7 2014. Did Seafarer's Quest, LLC, receive a 1A-31
8 Recovery Permit from the Florida Division of
9 Historical Resources?
10 A. I believe that was the date, somewhere
11 around there. I can confirm that in the documents.
12 Q. And was it a recovery permit?
13 A. It was an exploration permit.
14 Q. Can you please identify the difference
15 between the two, between a recovery permit and an
16 exploration permit?
17 A. Our permits are basically divided into
18 three categories: Exploration, exploration amended,
19 to dig and identify which allows for a little bit of
20 recovery --
21 Q. Sure.
22 A. -- and then full recovery, a recovery
23 permit. So sometimes that language gets jumbled for
24 people.
25 Q. So if you were to have a 1A-31 Recovery

1 Permit, what would your privileges be with such a
2 permit?
3 MR. FUGETT: And by "your privileges," I
4 don't think he means yours personally. The
5 salvagers --
6 BY MR. KIDD:
7 Q. What would one's privileges be?
8 MR. FUGETT: A salvager that has a
9 permit --
10 MR. KIDD: Correct.
11 MR. FUGETT: Yes.
12 Answer to the extent that you know.
13 THE WITNESS: Well, I wouldn't refer to
14 them as privileges, but under the permit they have
15 the right to perform certain excavations and to --
16 with our consultation -- recover certain aspects of
17 the shipwreck after it has been recorded.
18 BY MR. KIDD:
19 Q. What would you be allowed to do with an
20 exploration permit?
21 MR. FUGETT: What would a salvager be
22 allowed to do with -- if that type of permit was
23 given to them by the State of Florida, if you know?
24 THE WITNESS: An exploration permit.
25 Again, an exploration permit has potentially two

1 phases. The first is completely remote sensing work
2 on the surface to identify anything under the water.
3 BY MR. KIDD:
4 Q. Okay.
5 A. On occasion if the area has been surveyed,
6 we will go directly to an amended exploration permit
7 to allow for observation of the possible elements of
8 a shipwreck underneath the water, testing, and on
9 occasion, if there are artifacts that may help
10 interpret what the remains are, to bring them up.
11 Q. Okay. So with that in mind, would you say
12 then that on July 28th, 2014, Seafarer's Quest, LLC,
13 received a 1A-31 Recovery Permit?
15 THE WITNESS: No.
16 BY MR. KIDD:
17 Q. No.
18 So how -- what permit would you say that
19 they had on such -- on July 28th, 2014?
20 A. An exploration permit which had an
21 amendment to allow for dig and identify --
22 Q. Okay.
23 A. -- probing of these anomalies.
24 Q. Okay. So with such a permit, would you be
25 allowed to recover?

2 Go ahead.
3 THE WITNESS: Only in consultation with the
4 State, and we would limit the recovery to very
5 specific objects that could help us interpret what
6 kind of a shipwreck it is, its date, its
7 affiliation.
9 MR. HUFFMAN: Hello?
10 MR. FUGETT: We're still here.
11 MR. KENNEDY: We're reading.
12 MR. FUGETT: Everyone else around here is
13 not shy and very loud, but Mary is having some
14 throat issues, but I just want to make sure that you
15 can hear.
16 MR. HUFFMAN: Yeah. It's okay.
17 BY MR. KIDD:
18 Q. So previously we were talking about July
19 28th, 2014. I'm going to shift the date slightly to
20 August 15th, 2014, and ask again did they -- did
21 Seafarer's Quest, LLC, have a 1A-31 Recovery Permit
22 from the Florida Division of Historical Resources?
23 MR. FUGETT: Objection to form, but go
24 ahead.
25 THE WITNESS: No.

1 BY MR. KIDD:
2 Q. Thank you.
3 So --
4 MR. HUFFMAN: I'm sorry. I hate to
5 interrupt. Can we have a reread on the last
6 question?
7 (Whereupon the record was read back by the court
8 reporter.)
9 MR. HUFFMAN: Okay. And the answer was no?
10 THE COURT REPORTER: Yes.
11 MR. HUFFMAN: Okay.
12 MR. FUGETT: Yes as in no.
13 MR. KIDD: I'd like to mark this as
14 Exhibit 1.
15 (Whereupon Defendant's Exhibit No. 1 was marked for
16 identification.)
17 MR. FUGETT: This is Exhibit 1.
18 MR. KIDD: This is what I'm sharing with
19 the class.
20 MR. FUGETT: My client is about to be
21 handed what's been marked as Plaintiff's Exhibit 1
22 to the deposition. I'm going to ask the witness to
23 just take your time, read carefully, and then
24 they're going to ask you some questions about it.
25 THE WITNESS: Okay.

1 MR. FUGETT: Mr. Huffman, are you familiar
2 with -- do you know what we're talking about when we
3 say "Exhibit 1"?
4 MR. HUFFMAN: No, I do not.
5 MR. FUGETT: Since we have somebody on the
6 phone, let me just quickly describe it best I can --
7 MR. KIDD: Absolutely.
8 MR. FUGETT: -- and counsel can help me out
9 if I don't get it right.
10 But this is a one-page document entitled
11 "Seafarer Exploration Corp. and subsidiaries, a
12 Development Stage Company, Notes to Condensed
13 Financial Statements." It's unaudited, and it's
14 dated electronically at the bottom it appears
15 November 14th, 2014.
16 MR. HUFFMAN: Okay. So that would be 3rd
17 Quarter 10Q, I supposed, with the FCC.
18 MR. FUGETT: Again, it's not --
19 MR. HUFFMAN: Is that where it comes from,
20 Mr. Evan?
21 THE COURT REPORTER: I'm sorry. I didn't
22 hear what you just said.
23 MR. HUFFMAN: It comes from the 3rd
24 Quarter Q of Seafarer Exploration of 2014? Is that
25 where it's coming from?

1 MR. KIDD: Yes, it is.
2 MR. HUFFMAN: Okay. I understand.
3 I'll object as to the conclusions,
4 opinions, and the grounds for this witness speaking
5 on something stated in there, but go ahead.
6 MR. KIDD: Okay.
7 BY MR. KIDD:
8 Q. Okay. Ms. Glowacki, you've read the
9 document?
10 A. Yes.
11 Q. And are you able to answer whether or not
12 the first statement of the document is true?
13 MR. BLUMSTIN: Read it so she understands
14 what you're talking about.
15 BY MR. KIDD:
16 Q. "As previously noted, on its form AK filed
17 on May 9th, 2012, the company in Tulco received a
18 1A-31 Recovery Permit from the Florida Division of
19 Historical Resources."
20 MR. FUGETT: I'm going to object the extent
21 that you're asking this witness again to comment on
22 the truthfulness of a document that she did not
23 prepare. She can answer certain questions about
24 what happened in this case, but when you ask her to
25 look at a document and say whether it's true or not,

1 I don't believe that's an appropriate position for a
2 fact witness to be in regarding a document that she
3 didn't prepare, was not part of anything to do with
4 the Bureau that I'm aware of. But you can ask
5 specific questions. When it comes to asking her
6 about the truthfulness of a document, though, I
7 think that's an improper question. We object to it.
8 To the extent that the witness can
9 answer -- you can go ahead and do that. I'm not
10 instructing you not to answer.
11 MR. KIDD: I'll try rephrasing.
12 BY MR. KIDD:
13 Q. On May 9th, 2011, did the company, Seafarer
14 and Tulco receive a 1A-31 Recovery Permit?
16 THE WITNESS: I'm not certain of the exact
17 date, but I can tell you that Tulco and Seafarer did
18 have a recovery permit for that area somewhere
19 around that date. I can't -- the documents will
20 show the specific date, but I -- I can't remember
21 exactly the date. Pretty close.
22 Q. Where would that information be?
23 A. In the files that have been provided for
24 you. The permit will show the exact date.
25 MR. FUGETT: And, Mary, I know that you

1 haven't looked at the documents that have been
2 provided, but in some of the information you
3 provided, would that information be in there to the
4 best of your knowledge?
5 THE WITNESS: Absolutely. Yes.
6 MR. FUGETT: I think it is, but I just
7 wanted to make sure. Like I said, the documents we
8 produced have all the information that anyone could
9 possibly want to know on this matter with regard to
10 the activity to and from the Bureau of Archeological
11 Research and Seafarer.
12 MR. KIDD: I'd like to mark this Exhibit 2,
13 please.
15 identification.)
16 BY MR. KIDD:
17 Q. So Exhibit 2 we have a 10K dated May 15th,
18 2015.
19 MR. FUGETT: I've been handed what's --
20 MR. KIDD: Exhibit 2.
21 MR. FUGETT: -- purports to be Exhibit 2.
22 For the attorney on the phone, again, just
23 says, "Seafarer Exploration Corp. and subsidiaries,
24 a Development Stage Company ,Notes to Condensed
25 Financial Statements Unaudited," handwritten on the

1 top with a note that says, "10K," with a date
2 handwritten, "5-15-2015," and I'm going to ask -- as
3 a two-page document on the second page has the same
4 date on it electronically. It says from the 5-15-15
5 Quarterly Report, Page 19.
6 So I'll let the witness take a look at it.
7 Take your time. Review it. And when you're done,
8 let us know. They may ask you some questions about
9 it.
10 While she's looking at that, can I take a
11 short break, and see if the next witness is here,
12 just to let them know what's going on and it might
13 take a little bit longer?
14 MR. KIDD: Yes, sir.
15 MR. FUGETT: I'll be right back.
16 Say nothing until I get back.
18 BY MR. KIDD:
19 Q. On November 2nd, 2012, did Seafarer receive
20 a three-year 1A-31 Exploration Permit for an area
21 off of Lantana, Florida?
23 THE WITNESS: We have documents to verify
24 the date. I can't say exactly right now that
25 November 2nd was the date -- 2012, but they did

1 receive an exploration permit for Lantana. Yes.
2 BY MR. KIDD:
3 Q. Okay. Can you tell me if Phase 2 testing
4 revealed a mid to late 18th century shipwreck on the
5 aforementioned site?
7 Go ahead.
8 THE WITNESS: Yes.
9 BY MR. KIDD:
10 Q. And, finally, as of May 15th, 2015, did
11 Seafarer receive a 1A-31 Recovery Permit for the
12 area off of Cape Canaveral, Florida?
13 A. Could you repeat that, please?
14 Q. Absolutely.
15 So we're referring -- we're back to the
16 July 28th, 2014, statement that Seafarer and Marine
17 Archaeology Partners had a 1A-31 Recovery Permit,
18 and I'm merely modifying the date now to say as of
19 May 15th, 2015. Did they have such a recovery
20 permit?
22 You can answer.
23 THE WITNESS: No.
24 MR. KIDD: No.
25 MR. HUFFMAN: I'm going to object because

1 now we have to -- are we talking about which permit?
2 And we need a permit number in order to identify
3 this.
4 MR. KIDD: The answer was no. There's no
5 permit number to identify the nonexistent permit.
6 MR. HUFFMAN: Wait a minute. She
7 recognized Cape Canaveral as being equal to what
8 area? I mean, are we talking about the Melbourne
9 permit? What are we talking about? Another
10 Treasure Quest permit? I mean, 1, 2, or 3? Which
11 is it?
12 MR. KIDD: You can ask that on cross.
13 All right. I'm going to mark Exhibit 3.
15 identification.)
16 MR. FUGETT: All right. Witness is being
17 handed a one-page document that's been marked as
18 Exhibit 3. It's a one-page -- like I said, a
19 one-page document. It says "Page 19" at the bottom
20 dated 8-19-2015. First heading states, "Exploration
21 Permit with the Florida Division of Historical
22 Resources for an area off of Juno Beach, Florida."
23 Going to ask the witness to read that very carefully
24 and let us know when she'd done, and counsel may ask
25 you a few questions about it.

1 (Pause.)
2 MR. FUGETT: Witness is ready to answer to
3 the extent that she can.
4 BY MR. KIDD:
5 Q. All right. Have you had a chance to look
6 it over?
7 A. Yes.
8 Q. Okay. I'm going to ask you a question
9 based off the final paragraph of the document.
10 MR. FUGETT: And I'll renew any objections
11 to her being asked about the truthfulness of
12 anything in that document.
13 MR. HUFFMAN: Join.
14 BY MR. KIDD:
15 Q. On July 28th, 2014, did Seafarer in a
16 partnership with Marine Archeological Partners, LLC,
17 receive a 1A-31 Dig and Identify Permit from the
18 Florida Division of Historical Resources for an area
19 identified off of Cape Canaveral, Florida?
21 Go ahead.
22 THE WITNESS: This would be the Melbourne
23 Beach Permit, Area 2, yes.
24 BY MR. KIDD:
25 Q. They did have a dig and identify?

1 A. Yes. It came with the permitting.
2 Q. Okay.
3 MR. KIDD: All right. I'm going to mark
4 Exhibit 4.
6 identification.)
7 MR. KIDD: How many degrees does it take to
8 use a sticker?
9 MR. FUGETT: The witness has been handed
10 Exhibit 4 -- just for the benefit of those on the
11 phone. It appears to be a three-page document
12 copied off of a webpage maybe. It's entitled, "The
13 Nine Best Docks to Own Right Now," and it looks like
14 an article with a heading entitled, "Seafarer
15 Exploration Corp. Discovers Silver Treasure Coins at
16 Salvage Site". And I'm going to ask the witness to
17 thoroughly read this before you answer any
18 questions. And --
19 THE WITNESS: Okay.
20 MR. FUGETT: Go ahead.
21 BY MR. KIDD:
22 Q. Okay. So on the very first page of the
23 document I handed you, it states that Seafarer
24 Exploration Corp. has recently discovered a few
25 small silver coins and pieces of coins off of Juno

1 Beach, Florida.
2 Now, typically if a company with the proper
3 permitting were to discover such a thing, are there
4 reporting requirements? Do you need to inform the
5 State on any level?
7 Go ahead.
9 THE WITNESS: Yes. Reporting is required.
10 BY MR. KIDD:
11 Q. Could you please describe to me the
12 reporting requirements?
13 MR. FUGETT: If you find coins or if you
14 just find anything, or --
15 MR. KIDD: Oh, if you find anything.
16 MR. FUGETT: Okay. To the best that you
17 can answer.
18 MR. KIDD: We will keep it specific to
19 coins since that's what we're talking about here.
20 That'll be good.
21 MR. FUGETT: Is your question just
22 generally, or is your question regarding any coins
23 that may have been found in this case?
24 MR. KIDD: Generally.
25 MR. FUGETT: We object to form.

1 Go ahead.
2 BY MR. KIDD:
3 Q. Please proceed.
4 A. Under a recovery permit, the recovery of
5 the coins in question can occur -- proceed without
6 immediate correspondence with us. We don't have a
7 hard and fast rule about that under a recovery
8 permit, but we expect to receive some documentation.
9 It will either come in, in the log -- in the field
10 log for that month. Frequently we will receive a
11 call reporting a discovery of this sort, but under a
12 recovery permit, the coins can be removed without
13 first consulting us.
14 Q. Okay. So did you receive a report about
15 the specific coins in question?
17 Go ahead.
18 THE WITNESS: I don't remember a report
19 about these coins. I had just become bureau chief.
20 If we have a record, we can identify that record in
21 the files, but personally I don't remember.
22 BY MR. KIDD:
23 Q. Where in the file would we be able to find
24 that information?
25 A. They should be the files that are included

1 here today.
2 Q. Okay. So the lead archaeologist for
3 Seafarer noted that, "After the appropriate
4 conservation and cleaning procedures were completed,
5 it was determined the first silver coin found is
6 part of the silver coin minted in Mexico between the
7 years of 1572 and 1733."
8 MR. FUGETT: Counsel, are you reading from
9 Exhibit 4?
10 MR. HUFFMAN: I'm going to completely
11 object to this foundation. He has absolutely laid
12 no foundation for this. He's trying to implicate
13 that this came from Seafarer. I can tell by the
14 context of his questions, and he needs to
15 authenticate this and give some predicate to this
16 witness so she understands who she is directing --
17 some sort of confirmation or not again on these
18 dates.
19 MR. FUGETT: I'm going to object to the
20 form, just to the extent that you're going to ask
21 her to comment on the truthfulness of someone else's
22 statement or something that's in a different -- or
23 in another document that we're not responsible for.
24 So object to form.
25 And, Dr. Glowacki, if you understand the

1 question and can answer it, feel free to do so, but
2 I've objected to it. Go ahead.
3 BY MR. KIDD:
4 Q. Okay. So my question here is are you aware
5 of this discovery?
7 Go ahead.
8 THE WITNESS: I -- honestly, I don't
9 remember the discovery of the coins.
10 BY MR. KIDD:
11 Q. Okay.
12 A. I just don't remember, but if there was a
13 record, it would be included in what we've presented
14 you today.
15 Q. What would such a document be called?
16 A. A report or a survey log.
17 Q. Just for the purposes of authentication,
18 these questions are being taken from a Seafarer
19 press release.
20 On Page 2 --
21 MR. HUFFMAN: Can we have a date we can
22 reference?
23 MR. KIDD: September 13th, 2011.
24 MR. HUFFMAN: 2011. Okay.
25 BY MR. KIDD:

1 Q. Second full paragraph, "Additionally, we
2 have located several other artifacts including what
3 appears to be part of the ship's tiller and a
4 hollowed-out cannon ball that may potentially be an
5 early grenade weapon."
6 To the best of your knowledge, were these
7 findings reported?
8 MR. FUGETT: I'm going to objection to form
9 and include all my earlier objections regarding the
10 witness commenting on this particular document or
11 anything that was reflected in it.
12 But go ahead if you can answer the
13 question.
14 THE WITNESS: I understand the question,
15 and, again, I don't remember. And if I may clarify,
16 we had another employee who was overseeing the
17 permits at this point in time. If these objects
18 were reported, we would have a record of it. I was
19 not as involved at that point in time with the
20 permitting.
21 BY MR. KIDD:
22 Q. Could you tell us who that was?
23 A. Lindsay Smith. She no longer works with
24 us, but we have all the records of the
25 correspondence from employees.

1 Q. Do you know what she's doing at this point
2 in time? Like, where she is, what her job is?
3 A. Yes.
4 MR. FUGETT: We could probably provide last
5 known contact information. If that's what you're
6 asking for, we can provide that if you need it.
7 THE WITNESS: Actually, she moved back to
8 Tallahassee, and she works for the Division of
9 Historical Resources, our organization, but she's in
10 the Grants Program under the Bureau of Historic
11 Preservation. So she's not with BAR right now.
12 BY MR. KIDD:
13 Q. Thank you.
14 In general, would findings of this nature
15 need to be reported?
16 A. Yes, of course.
17 MR. FUGETT: It is approximately 15
18 minutes after 11. We have our Director of
19 Historical Resources sitting in the lobby. He was
20 supposed to go at 11. I said earlier that I
21 understand this might take a little bit longer, and
22 we'll give you some leeway on that, but we -- could
23 you give us an estimate right now of how much time
24 this is going to take so I can inform the next
25 witness?

1 MR. KIDD: Off the record.
3 MR. FUGETT: Back on the record?
4 MR. KIDD: Back on the record.
5 BY MR. KIDD:
6 Q. With an exploration permit, are you allowed
7 to use a blower or prop wash to disturb the seabed
8 in any way?
9 A. No.
10 Q. To use such items, what other permits are
11 needed?
13 Go ahead.
14 THE WITNESS: The Departmental of
15 Environmental Protection permit along with an Army
16 Core of Engineering permit.
17 BY MR. KIDD:
18 Q. Has Seafarer applied for those?
21 Go ahead.
22 MR. FUGETT: To the extent you know what
23 Seafarer has done. I don't want you testifying as a
24 representative of Seafarer; so --
25 MR. KIDD: Sure.

1 THE WITNESS: I don't know.
2 BY MR. KIDD:
3 Q. What requirements are needed to be able to
4 get a full salvage permit?
5 MR. FUGETT: Objection to form.
6 Go ahead if you know.
7 THE WITNESS: Are you referring to a
8 recovery permit?
9 MR. KIDD: Yes.
10 THE WITNESS: Okay. The permittee would
11 have had to have received an exploration permit,
12 surveyed an area, identified potential elements of a
13 shipwreck, and then report on it. At that point
14 they would apply for a recovery permit, and we would
15 evaluate the information and make a determination.
16 BY MR. KIDD:
17 Q. Has Seafarer ever been denied a permit or
18 had one revoked?
19 A. No.
20 Q. In order to get a permit, what type of
21 financial requirements are needed?
22 MR. FUGETT: Objection to form.
23 THE WITNESS: We first went to Rule 1A-31,
24 require documentation -- usually in the form of an
25 official bank statement -- showing that the company

1 can cover the expenses of the work that they have
2 proposed.
3 BY MR. KIDD:
4 Q. Is the permittee required to notify the
5 State if their financial position changes?
7 Go ahead.
8 THE WITNESS: They are required, yes.
9 BY MR. KIDD:
10 Q. If an individual was to contact your office
11 via telephone, is it common practice to share the
12 status of pending permit applications, if the
13 individual making the call is not related to the
14 company?
15 MR. FUGETT: Object to form. I get -- I
16 mean, this sounds like a hypothetical, and she's not
17 here to answer hypotheticals. She is here as a fact
18 witness, not an expert to testify as to what
19 normally should happen in a state agency, and she's
20 not here as a cooperate representative testifying on
21 behalf of the State of Florida as to how those
22 things work.
23 If you have any specific questions about
24 phone calls that were made to Miss -- Dr. Glowacki
25 or anyone in her staff, then those are questions

1 that we think would be appropriate, but just general
2 questions as to what might happen if this person
3 calls this agency with that information, it's -- we
4 object to that for a lot of different reasons. But
5 to the extent that -- that the witness understands
6 the question, we'll let her answer with those
7 objections.
8 BY MR. KIDD:
9 Q. Would you like me to repeat the question?
10 A. Would you please repeat the question so I
11 know what I'm referring to?
12 MR. KIDD: Would you please read back the
13 question?
14 (Whereupon the record was read by the court
15 reporter.)
16 MR. FUGETT: Renew objection.
17 Go ahead.
18 THE WITNESS: Our organization follows the
19 Sunshine Law, and we consider information that is
20 submitted to us and processed by us to be public
21 record. If someone requests public records and
22 information, we try to provide it.
23 BY MR. KIDD:
24 Q. Calling back to a previous question, as
25 part of a salvage or recovery permit, does a wreck

1 actually have to be found, identified, and/or
2 treasures or artifacts found?
4 THE WITNESS: Repeat the question, please?
5 BY MR. KIDD:
6 Q. No problem.
7 As part of a salvage or recovery permit
8 being granted, does a wreck have to be found? Or
9 treasure, artifacts, and valuables? Essentially,
10 where is the threshold?
11 A. Yes --
12 MR. HUFFMAN: Objection to form. It's
13 compound.
15 THE WITNESS: Yes, a recovery permit is for
16 the recovery of the remains of a shipwreck; so a --
17 the remains of a shipwreck have to be identified in
18 order to receive a recovery permit.
19 BY MR. KIDD:
20 Q. How about any findings of valuables or
21 treasure or anything within said wreck?
23 Go ahead.
24 THE WITNESS: We permit for the salvage of
25 shipwrecks, and if those objects, those artifacts

1 are in association, they may be included as part of
2 the archaeological record.
3 BY MR. KIDD:
4 Q. But as far as their necessity goes in
5 obtaining a permit, the finding of valuables would
6 be necessary or not necessary?
8 Go ahead.
9 THE WITNESS: The finding of valuables --
10 and I'm assuming you're talking about treasure --
11 BY MR. KIDD:
12 Q. Treasure. Or -- yeah, yeah, yeah.
13 Something you --
14 A. -- does not make for shipwreck alone.
15 Q. Okay. What is the purpose of diving logs?
17 Go ahead.
18 THE WITNESS: The purpose of diving logs or
19 field forms is to report on a monthly basis the
20 activities that were carried out in the field; so if
21 there is exploration work, the log would indicate
22 these were the dates that the remote sensing
23 equipment was run. There was dig and identify. It
24 would indicate where the anomalies were located that
25 were tested. It would indicate how many hours of

1 work, and it would indicate anything that might have
2 been identified, and it would be signed off on by
3 the archaeologist corroborating the archaeological
4 work.
5 BY MR. KIDD:
6 Q. How many diving days has Seafarer had in
7 2014?
9 THE WITNESS: I couldn't say. I'm sorry.
10 But we have records. We have the diving logs.
11 BY MR. KIDD:
12 Q. So the diving logs are within the documents
13 submitted?
14 A. Yes.
15 Q. Has there been any evidences to show the
16 Concepcion of any ship from the lost 1715 Spanish
17 Fleet?
18 MR. FUGETT: I'm going to object to this
19 witness commenting on the term "evidence." That's a
20 legal term, and that shouldn't be --
21 MR. HUFFMAN: Join the objection.
22 MR. FUGETT: -- commented on by this --
23 this lay witness who's here as a fact witness on
24 this case. If you want to rephrase it, I think I
25 know what you're getting at, but I'm not -- I don't

1 want her to comment on what is evidence and what is
2 not.
3 BY MR. KIDD:
4 Q. Are you aware of any reports about a ship
5 known as the "Concepcion" from the lost 1715 Spanish
6 Fleet.
7 THE WITNESS: Yes.
9 Go ahead.
10 THE WITNESS: Oh --
11 MR. FUGETT: That's okay.
12 THE WITNESS: Sorry.
13 Yes.
14 BY MR. KIDD:
15 Q. Could you please share with me the reports
16 you're familiar with about the ship in question?
18 Go ahead as best you can.
19 THE WITNESS: I can tell you that there's
20 lots of historical records that refer to an actual
21 ship. There have been various reports. We have no
22 confirmation that that particular shipwreck has been
23 identified. That's a very difficult thing to do.
24 BY MR. KIDD:
25 Q. Has Seafarer made any report or record of

1 the ship in question?
3 Go ahead.
4 THE WITNESS: Not to my knowledge is there
5 a specific report in that context. I would have to
6 go back. There might have been some mention when we
7 ask for -- in research design, we're asking for the
8 company to give us some indication of what kind of a
9 shipwreck they are searching for and its historical
10 significance.
11 MR. FUGETT: And let me just for the record
12 note that it's 11:30 now.
13 I don't know if Mr. Huffman has any
14 questions that he might want to ask on redirect or
15 not, but we're well past the time, and I have --
16 MR. HUFFMAN: Unfortunately, I do, counsel.
17 I'll try to keep it as short as I can, but I do.
18 MR. KIDD: All right. And then I'd like to
19 mark the file itself as Exhibit 5.
20 (Whereupon Defendant's Composite Exhibit No. 5 was
21 marked for identification.)
22 MR. FUGETT: And when you say "the file",
23 do you mean everything that we brought today?
24 MR. KIDD: Correct.
25 MR. FUGETT: Okay. So that would be --

1 just for the record and for the attorney on the
2 phone, we brought in a certain stack of hard copies,
3 and then we have brought in a CD of documents that
4 contain approximately six -- 2,000 pages -- 2,100
5 pages, give or take. And so he's marking all of
6 these as a Composite Exhibit 5?
7 MR. KIDD: 5.
8 MR. FUGETT: 5. All right.
9 MR. HUFFMAN: Yeah. I take it this is
10 pursuant to a Chapter 119 Request but to the extent
11 that Dr. Glowacki is not acting as records custodian
12 for the (indiscernible,) I'll object to their
13 admission.
14 MR. FUGETT: I believe that some of what we
15 produced, there was a request for public records by
16 Mr. Volentine. We've produced that. There was a
17 request for public records by Seafarer, and we have
18 produced that. And then we have gone through all
19 the files and produced everything that we could find
20 that was related to this case pursuant to the
21 subpoena to the extent if any of the parties here
22 today find something that wasn't included that they
23 think that should be, please feel free to contact
24 me. We'll do our best to get that, but we tried to
25 give you everything. But if there is any question

1 about that later or you need additional information,
2 you have my contact information. Please contact me.
3 Do not contact any of the witnesses or the divisions
4 since this case is in litigation. You need to talk
5 to counsel regarding anything involved on that.
6 MR. KIDD: Who's the records custodian on
7 that?
8 MR. FUGETT: We don't have -- we don't have
9 a records custodians at the point -- at the moment.
10 We can produce one, but we don't have one right now.
11 I mean, it wouldn't be hard to get one. I mean, we
12 could --
13 MR. KIDD: Yeah. Who would that be?
14 MR. FUGETT: I don't know off the top of my
15 head now. Sorry.
16 MR. KIDD: Can we go off the record,
17 please.
19 MR. KIDD: So we're done at this time, but
20 I would also like to state for the record that, you
21 know, because we've been submitted about 2,100
22 documents here on the day of the deposition, we'd
23 like to leave this matter recessed at the moment
24 with the possibility of reopening it, should that be
25 proper.

1 MR. FUGETT: I -- I will object very hard
2 to any reopening of the deposition of Dr. Glowacki.
3 We did not schedule this. We did it under this --
4 we did it under the schedule that we've been given
5 pursuant to the subpoena. To the extent that any
6 party was not ready to ask Dr. Glowacki questions --
7 or any of the witnesses -- that's not on us, and --
8 so we would object to bringing her again to this.
9 Now, to the extent that you want additional
10 documents or you want documents certified, you know,
11 that's something we can work with you with. But if
12 you mean to recess this deposition, no. We object
13 to that, and we're not going to allow Dr. Glowacki
14 to be -- testify again in this case absent an order
15 from court. I don't know if that's what you were
16 asking or not, but I want to make sure that's clear.
17 I think the --
18 MR. KIDD: Okay. We're all clear. We're
19 all good.
20 MR. FUGETT: -- I think the attorney on the
21 phone may have some questions.
22 MR. HUFFMAN: Yes. And if I can get into
23 them, I'll try to be quick.
24 MR. FUGETT: Thank you.
25

1 EXAMINATION
2 BY MR. HUFFMAN:
3 Q. Dr. Glowacki, this is Craig Huffman. Can
4 you hear me?
5 A. Yes.
6 Q. Okay. Very well.
7 Before 2014 how long were you employed or
8 associated with the BAR?
9 A. I'm thinking. I think I started in 2003
10 maybe.
11 Q. Okay.
12 All right. So given that prior decade,
13 were you familiar with Heartland Treasure Quest
14 prior to the Seafarer's Quest being created?
15 A. I became familiar with HTQ -- with
16 Heartland Treasure when I became bureau chief.
17 Q. Understood. Very good.
18 Prior to that time, were you familiar that
19 Heartland Treasure Quest was in litigation against
20 the State of Florida in attempts to obtain a permit?
22 Go ahead.
23 THE WITNESS: I wasn't before I became
24 bureau chief.
25 BY MR. HUFFMAN:

1 Q. Subsequently to becoming bureau chief, were
2 you familiar with that?
3 A. Yes.
4 Q. Okay.
5 All right. To your knowledge was it under
6 the then director a condition or a management
7 decision that in order to obtain a permit for those
8 areas that are called Areas 1, 2, or 3, or any of
9 those off Melbourne, as being requested by Heartland
10 Treasure Quest that Seafarer was to be involved and
11 become a controlling party?
13 MR. KIDD: Object to form.
14 MR. FUGETT: There might be several
15 questions in there. If you want any
16 clarifications --
17 THE WITNESS: Yeah, I'm not sure. What is
18 the question?
19 BY MR. HUFFMAN:
20 Q. Yeah. The question is -- as you became
21 bureau chief, in order for a permit to be issued for
22 any of the areas that's tied to Melbourne, was it a
23 condition that Seafarer had to be one of the -- the
24 primary manager that was involved?

2 Go ahead.
3 THE WITNESS: No. No, that wasn't the
4 case.
5 BY MR. HUFFMAN:
6 Q. Did you become familiar that Heartland
7 Treasure Quest was attempting, for quite a number of
8 years, some litigation against the BAR to obtain a
9 permit?
10 MR. KIDD: Objection to form.
12 THE WITNESS: I am aware, yes.
13 BY MR. HUFFMAN:
14 Q. And after Heartland Treasure Quest entered
15 into what became Seafarer Quest with Seafarer, there
16 was a permit of some type issued; correct?
19 THE WITNESS: Are you referring to Area 2?
20 BY MR. HUFFMAN:
21 Q. Yes, ma'am.
22 A. Yes, that's correct.
23 Q. And currently sequentially going north to
24 south, there are Areas 1, 2, and 3. Are you
25 familiar with that as far as that permit -- or as

1 far as that site goes?
3 THE WITNESS: Actually, it's 3,2, 1 going
4 north to south.
5 MR. HUFFMAN: Oh, okay. I had it
6 backwards.
7 BY MR. HUFFMAN:
8 Q. All right. So Area 2 has been permitted,
9 and there are currently modifications as far as the
10 permit goes to change some of the areas to include
11 other areas; is that correct, to your knowledge?
14 THE WITNESS: Area 2 was issued as an
15 exploration permit with the allowance for dig and
16 identify.
17 BY MR. HUFFMAN:
18 Q. Right. Is there any modifications being
19 sought?
21 BY MR. HUFFMAN:
22 Q. Into the other areas at this point?
23 A. At present we are processing a permit for
24 Seafarer Quest for Area 1, the southern three square
25 miles for exploration, and it includes the Phase 2

1 Dig and Identify.
2 Q. Understood.
3 Now, when we used the term "Melbourne" and
4 then the term "Cape Canaveral" came up, in your mind
5 is that the areas for 1, 2, and 3 that we just
6 talked about?
8 THE WITNESS: Yes.
9 BY MR. HUFFMAN:
10 Q. Okay. So when you answered a question
11 previously that no permits have been applied for or
12 were related to Cape Canaveral, were you thinking
13 about Melbourne in answering that question?
15 Go ahead.
17 THE WITNESS: Yes. I was thinking of
18 further north geographically --
19 BY MR. HUFFMAN:
20 Q. Yes.
21 A. -- but I'm sorry. I -- if that wasn't
22 clear in my statement. I think of Cape Canaveral
23 and Melbourne as being --
24 MR. FUGETT: Close by.
25 THE WITNESS: -- yeah. Close by but

1 separate because we have permits in the Cape
2 Canaveral area that are not in the Melbourne Beach
3 area.
4 BY MR. HUFFMAN:
5 Q. Okay. Dr. Glowacki, I had sent to the
6 court reporter, and I don't know how many copies
7 were there, but I have a copy of what I'm going to
8 mark as Plaintiff's Exhibit No. 1 for your
9 deposition. This is a posting that is posted --
10 just for the record -- by an individual who goes by
11 the name of "small caps market", and it's dated
12 Sunday February 14th, '16, at 5:32 p.m. And I'm not
13 going to ask you anything other than related to the
14 first time an e-mail from Mary confirming Seafarer
15 has no permit, and then the quotations apparently of
16 some e-mails.
17 Could you review that document for a
18 minute? Let me know when you're ready.
19 (Whereupon Plaintiff's Exhibit No. 1 was marked for
20 identification.)
21 MR. FUGETT: We'll let the witness review
22 that document. I want to state on the record to
23 counsel that any e-mails from Dr. Glowacki speak for
24 themselves, and any -- any requests for comment
25 outside what has already been written in this case,

1 I believe from this witness is improper. And if
2 you're going to ask her about the truth of any
3 statement regarding something that was done on a
4 message board, we object to that --
6 MR. FUGETT: -- she's here to ask -- to
7 answer questions regarding her involvement in this
8 case, not what was done on a message board or some
9 other communication that she had nothing to do with.
10 With that in mind, I'm going to allow the
11 witness to answer to the best that she can.
12 MR. HUFFMAN: All right.
13 MR. KIDD: We also object because it's
14 hearsay. This document hasn't been authenticated.
16 BY MR. HUFFMAN:
17 Q. Dr. Glowacki, let me know if you've
18 reviewed that, and I'll ask you a fairly simple
19 question.
20 A. Yes. I have reviewed it.
21 Q. Okay. As of February 14th, 2016, at
22 5:32 p.m., to your knowledge did Seafarer have any
23 permits under 1A-31 with your bureau?
24 A. Yes.
25 Q. That's all I have as to that document. Let

1 me just look for a minute here.
2 The difference between -- obviously, you
3 have the different stages of the permits. Okay?
4 Which you've gone through. Okay?
5 The first stage is -- and I won't put words
6 in your mouth. The first stage that you're granted
7 is what?
9 MR. FUGETT: Could you repeat the question?
10 I didn't hear it.
11 MR. HUFFMAN: Yeah.
12 BY MR. HUFFMAN:
13 Q. The first stage of the permitting process
14 is called what? What's the term of art that you use
15 at the bureau?
16 A. Exploration.
17 Q. Okay. The next stage is a modification to
18 dig and identify; correct?
19 A. Yes. It's a modification to the
20 exploration permit.
21 Q. Right. And as part of that dig and
22 identify, in order to dig and identify, some items
23 are -- would you say that they're being recovered in
24 order to identify them?

1 THE WITNESS: We allow minimal recovery of
2 artifacts in consultation with our office in order
3 to identify evidence of a shipwreck.
4 BY MR. HUFFMAN:
5 Q. Okay. Just kind of winding up here.
6 To your knowledge, during your time as
7 director, has Seafarer had a permit of any kind as
8 far as a site on Juno Beach?
10 Go ahead.
11 MR. KIDD: Object to form as well.
12 THE WITNESS: Yes.
13 BY MR. HUFFMAN:
14 Q. Have they, since you've been the director,
15 had a permit on any site that you have identified as
16 Lantana?
18 Go ahead.
19 THE WITNESS: Yes.
20 BY MR. HUFFMAN:
21 Q. And have they, as we've been discussing,
22 had a permit or been involved in a permit that's
23 been granted for being modified that we call
24 "Melbourne"?

2 THE WITNESS: What was that name?
3 MR. KIDD: Melbourne.
4 THE WITNESS: Melbourne. Yes.
5 MR. HUFFMAN: Okay. Just one minute,
6 doctor.
7 THE WITNESS: I'm sorry. Was that a
8 question?
9 THE COURT REPORTER: He said to give him
10 just one minute.
11 THE WITNESS: Oh, I see.
12 BY MR. HUFFMAN:
13 Q. Prior to you becoming director at BAR,
14 would there have been guidelines and those things
15 that have been kept by previous parties involved,
16 like, Tulco, the Juno Beach, or Heartland Treasure
17 Quest on the northern side that things could have
18 been recovered, such as valuables, and other
19 items --
21 MR. HUFFMAN: -- that you're just not
22 familiar with?
24 THE WITNESS: There are records of the work
25 that have been permitted. And by the way, HTQ was

1 under a contract --
2 BY MR. HUFFMAN:
3 Q. Okay.
4 A. -- which is something different, and it follows
5 different protocol.
6 Q. And I understand that, and you understand that.
7 We don't need to get into that. But nonetheless there
8 could have been a history of recovery of some items that
9 you're just not personally familiar with; correct?
12 Go ahead.
13 THE WITNESS: Yes. That's correct.
14 BY MR. HUFFMAN:
15 Q. Okay. In the documents that have been provided
16 -- and I know it's massive -- but to your knowledge, do
17 the dive records or recovery or the reports that you
18 reference, how far back do they go as to any one of these
19 sites. Do you know?
20 A. They go back to the time of leases in Florida
21 back to the 60s.
22 Q. Oh, okay.
23 A. We have all those records, yes.
24 MR. FUGETT: Okay. Are those records provided in
25 the documents that we gave today?

1 THE WITNESS: No.
2 MR. FUGETT: That's what he was asking you.
3 THE WITNESS: Oh, I'm sorry. The
4 records -- we have -- we included some of the
5 Heartland Treasure documents that pertain to
6 Seafarer because they had been subcontracting, but
7 if you are interested in the rest of the HTQ
8 records, they are available. But that's a whole
9 another company and program.
10 MR. FUGETT: If there's -- for some reason
11 there's some documents that go back further that we
12 didn't feel were part of the Seafarer file, feel
13 free to contact me, and we can take a look at it.
14 And, like I said, we're -- I'm mean, we're operating
15 in the Sunshine Laws. We'll provide you anything
16 you want. There may be a cost if it's extremely
17 extensive, but we'll be happy to provide you with
18 anything.
19 MR. HUFFMAN: Understood. That's all I
20 have.
21 MR. FUGETT: All right. If this is
22 ordered --
23 MR. BLUMSTIN: He's going to want to follow
24 up.
25 FURTHER EXAMINATION

1 BY MR. KIDD:
2 Q. Are any of the Seafarer permits such as Juno
3 Beach, Lantana, Melbourne, or Cape Canaveral recovery
4 permits? Or are they either exploration or exploration
5 plus dig and identify?
6 MR. FUGETT: And he's asking about several
7 different permits with several different statuses. So to
8 the best that you can answer, but we object to the
9 question.
10 THE WITNESS: Okay. Lantana is closed out.
11 Seafarer is no longer working in the Lantana area. Tulco
12 is on hold. There is an issue with an admiralty arrest
13 that is a federal issue, and we are unable to move forward
14 until that's resolved.
15 There is one exploration permit currently being
16 held by Seafarer's Quest in Area 2 off Melbourne, and we
17 are in the process of preparing a second permit
18 immediately south three more square miles in Area 1,
19 Melbourne.
20 BY MR. KIDD:
21 Q. Did Seafarer ever have a recovery permit?
23 THE WITNESS: In association with Tulco, yes.
24 There was a recovery permit.
25 BY MR. KIDD:

1 Q. With regard to Area 2, was there a recovery
2 permit?
4 THE WITNESS: No.
5 BY MR. KIDD:
6 Q. The new area that's in the application
7 status still, is that for a recovery permit?
9 Go ahead.
10 THE WITNESS: No.
11 MR. KIDD: All right.
12 MR. FUGETT: If it's ordered we will read.
13 (Whereupon there was a short discussion off the
14 record.)
15 MR. FUGETT: Before we go off the record, I
16 want to make sure what was on the record about this
17 being it for Dr. Glowacki's testimony. I don't know
18 if that made the record or not. You mentioned --
19 you said recess. That may have made the record, but
20 I want my response also to be on the record that if
21 you mean a recess of this deposition, we object. We
22 consider it as of now closed, and we're not going to
23 agree to bring Dr. Glowacki again absent the court
24 reporter in this case. So I want to make that to be
25 very, very clear.

1 And now to lunch again. We're off the
2 record.
3 (Whereupon the deposition was concluded at
4 12:08 p.m., and the witness did not waive her right
5 to read and sign.)
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

1 CERTIFICATE OF OATH
4 STATE OF FLORIDA
6 COUNTY OF LEON
9 I, the undersigned authority, certify that the
10 above-named witness personally appeared before me and was
11 duly sworn.
12
13
14 WITNESS my hand and official seal 21st day of
15 June, 2016.
16
17
18
19
20
21 KAIRISA JOI MAGEE

NOTARY PUBLIC
22 COMMISSION #FF971623
EXPIRES MARCH 15, 2020
23
24
25

1 CERTIFICATE OF REPORTER
2
STATE OF FLORIDA
3 COUNTY OF LEON
5 I, KAIRISA JOI MAGEE, Professional Court
6 Reporter, certify that the foregoing proceedings were
7 taken before me at the time and place therein designated;
8 that my shorthand notes were thereafter translated under
9 my supervision; and the foregoing pages numbered 1 through
10 75, are a true and correct record of the aforesaid
11 proceedings.
12 I further certify that I am not a relative,
13 employee, attorney or counsel of any of the parties, nor
14 am I a relative or employee of any of the parties'
15 attorney or counsel connected to this action, nor am I
16 financially interested in this action.
17 DATED this 21st day of June, 2016.
18
19
20
21
Wlli .
KAIRis.f:roI ftAGE~
22
23 NOTARY PUBLIC
COMMISSION #FF971623
24 EXPIRATION DATE MARCH 15, 2020
25

1 ERRATA SHEET
2 I have read the transcript of my deposition, Pages 1

through 75 and hereby subscribe to same, including
3 any corrections and/or amendments listed below.
4 DATE:__________________________ ___________________
DR. MARY GLOWACKI
5 (SEAFARER V. DARRELL VOLENTINE)
6 PAGE/LINE CORRECTION/AMENDMENT REASON FOR CHANGE
7 _________ ______________________________ _________
8 _________ ______________________________ _________
9 _________ ______________________________ _________
10 _________ ______________________________ _________
11 _________ ______________________________ _________
12 _________ ______________________________ _________
13 _________ ______________________________ _________
14 _________ ______________________________ _________
15 _________ ______________________________ _________
16 _________ ______________________________ _________
17 _________ ______________________________ _________
18 _________ ______________________________ _________
19 _________ ______________________________ _________
20 _________ ______________________________ _________
21 _________ ______________________________ _________
22
DATE OF DEPOSITION: JUNE 2, 2016
23
REPORTER: KAIRISA MAGEE
24
25


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6/2/2016 Seafarer Exploration Corp.

1 IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

Premier Reporting (850) 894-0828 Reported by: Kairisa Magee

3 ON BEHALF OF THE PLAINTIFF:

13 ON BEHALF OF THE FLORIDA DEPARTMENT OF STATE:

14 David A Fugett, Esquire

Premier Reporting (850) 894-0828 Reported by: Kairisa Magee

Premier Reporting (850) 894-0828 Reported by: Kairisa Magee

4 was called as a witness, having been first duly

5 sworn to speak the truth, the whole truth, and

6 nothing but the truth, was examined and testified as

10 Q. All right. Good morning.

12 Q. My name is Evan Kidd. I'm the attorney for

13 Darrell Volentine. Have you been deposed before?

15 Q. Okay. So basically what's going to happen

16 here is I'm going ask a series of questions, and the

17 court reporter is going to record both the questions

18 and the answers. If you can please keep your

19 answers as accurate and truthful as possible, and if

20 you don't understand a question, please just let me

21 know. I'll repeat it because potentially what we're

22 doing here is creating a record for the Court in

23 lieu of you having to appear in court at a future

24 date. So we need this to be as accurate and

Premier Reporting (850) 894-0828 Reported by: Kairisa Magee

3 MR. HUFFMAN: Evan, just let me interrupt

4 you. I hear you perfectly. I could not hear

6 MR. FUGETT: She's about to speak in a

7 little bit, and if you don't hear once the testimony

8 starts, let us know, and we'll move the phone closer

10 MR. HUFFMAN: All right. Thanks, Dave.

11 MR. FUGETT: You're welcome.

12 If we need to move it closer, we can do

13 that; so don't strain. The rest of us I think are

16 Q. Okay. So when we were just talking before,

17 you nodded in response to what I was saying. In the

18 future, if you could please just go ahead and

19 verbalize. That way it can be recorded for the

23 All right. Could you please state your

24 name for the record?

25 A. Yes. It's Mary Glowacki.

Premier Reporting (850) 894-0828 Reported by: Kairisa Magee

1 Q. All right. And your occupation?

3 Q. Okay. And could you give me a brief

4 description of your professional and educational

6 A. I currently serve as the state archeologist

7 for the State of Florida and the bureau chief of the

8 Florida Bureau of Archeological Research.

10 A. My educational background includes a

11 bachelor's degree from Mary Washington College in

12 Virginia, a master's degree from Lake Forest

13 University in North Carolina, as well as one from

14 Brandeis University in Waltham, Massachusetts where

17 MR. KIDD: Did you hear that all right?

18 MR. HUFFMAN: Oh, yeah. I'm hearing her

19 fine now, yeah.

20 MR. KIDD: Greet.

22 Q. All right. And are you responsible for

23 maintaining the file in front of us today?

24 MR. FUGETT: I can answer that. I mean,

25 she's responsible for some of it, but it's not one

Premier Reporting (850) 894-0828 Reported by: Kairisa Magee

1 person that's responsible for that file. We got it

2 from three different sources, including the three