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FLORIDA ELECTIONS COMMISSION CASE REPORT

Case Number: FEC-U-029

NAME: LARRY HENDRICKS

DATE ApPEAL RECEIVED: 8/27/10

DATE HEARING REQUEST RECEIVED: 8/27/10

DATE REpORT DUE: 7/23/10 (2010 F1)

DATE OF ELECTRONIC RECEIPT: 7/26/1 0

DATE FILING OFFICER RECEIVED REpORT: 7/26/10

NUMBER OF DAYS LATE: 3

AMOUNT OF FINE: $150.00

CANDIDATE [x] PC [ ] CCE [] POLITICAL PARTY r 1

STATE [ ] DISTRICT [ ]

COUNTY [x] CITY r 1

FINE BASED ON: (x) NUMBER OF DAYS ( .. ) 25% OF RECEIPTS ( •• ) 25% OF EXPENDITURES

TOTAL RECEIPTS FOR REPORTING PERIOD: $780.00

TOTAL EXPENDITURES FOR REpORTING PERIOD: $720.10

DATE OF FIRST NOTIFICATION: E-mail dated 7/26/10

SUMMARY: Larry Hendricks was a candidate for Mayor in the 2010 elections. Mr., Hendricks was his own treasurer..

Mr., Hendricks is appealing the fine claiming that he mistakenly thought the report was due the following Friday. According to Mr., Hendricks, he was not aware that he missed the report due date until he received the e-mail from Ms. Rebecca Wood of the Leon County SOE office on 7/26/10.

Information provided by the Leon County SOE office reflects that Mr. Hendricks signed a "Qualifying Notices Affidavit" on 611812010, including "Notice Number 10-1 Campaign Treasurer's Reporting Dates Schedule." Mr.. Hendricks acknowledged receiving Notice 10-1 on 6/18/10.

PRIOR CASES: Mr" Hendricks has not had any prior cases before the Commission.

FECACTION: FINEDuE: $ ________ _ DAIE: __________ _

TIMELY FILED: YES __ No __ WAIVER: P ARIIAL FULL -- --UCREASON:

Aut047 (11108)

UNUSUAL CIRCUMSTANCES: YES

FINE INCORRECTLY CALCULATED: YES

No No

INITIALS:

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August 30, 2010

Florida Elections Commission 107 West Gaines Street Suite 224 Collins Building Tallahassee, FL 32399-1050

Larry Hendricks Candidate :Tallahassee City Commission/Mayor 406 Alpha Avenue Tal1ahassee, FL 32305 850-778-6640

NOTICE OF APPEAL AND REQUEST FOR HEARING

Dear Commission Members,

1 am writing this in order to ask that you review the fine I was assessed on July 26, 2010, in order that you may consider dismissing the charge and or waiving payment as T was not attempting to evade compliance but merely made the mistake of believing that the report was due the next Friday. I was not aware that I had missed this reporting date untill was informed by eMail from Rebecca S. Wood, Election Information Specialist, Leon Co. Supervisor of Elections Office on Monday, July 26, 2010 8:45 I\M. As SOOI1 as I became aware of my mistake I promptly complied at 10:35 AM.

I vvould further like to state that I had no intention of hiding or misleading as the only transactions involved were my personal initial loan of $780.00 and the single expenditure of $720.10 Qualifying fee to the Supervisor of Elections Office

I am not a lawyer but believe good reason not to prosecute or fine me for this il1f1<1ctiol1 can be found in Chapter 106 .. 25 section (3) as quoted below ..

106.25 Reports of alleged violations to Florida Elections Commission; disposition of findings

(3) For the purposes of commission jurisdiction, a violation .<;hall mean the willful performance of an act prohibited by this chapter or chapter 104 or the willful failure to perform an act required by this chapter or chapter 104 .. Willfulness is a determination of fact: how-ever, at the request of the respondent, willfulness may be considered and deter mined in an informal hearing before the comnllSSl0n ..

2B-1.002 Definitions For purposes of imposing a civil penalty for violating Chaptet 104, F .S, the following definitions shall apply: ( 1 ) A person acts "willful" or "willfully" when he Of she showed reckless disregard for whether his or her conciuct was prohibited or required by Chapter 104, F S

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(2) "Knew" means that the person was aware of a provision of Chapter 104. F.S, understood the meaning of the provision, and then performed an act prohibited by the provision or failed to perform an act required by the provision. (3) "Reckless disregard" means that the person disregarded the requirements of Chapter 104, F.S, or was plainly indifferent to its requirements, by tailing to make any reasonable effort to detelmine whether his or her acts were prohibited by Chapter 104. FS, or whether he or she failed to perform an act required by Chapter 104, FS Specific Authority 106.26 FS. Law Implemented 106 25(3) FS. History-New 9-11-06.

Yours SinCerelY'LaITY Hendricks", ~ji~~ I i~~/-Y cc: Leon Co. Supervisor of Elections

Attached: I. copy of the fine notice from the filing officer 2 .. eMail notice of missed report filling 3 2010 Fl CAMPAIGN TREASURER'S REPORT SUMMARY

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July 28,2010

Larry Hendricks Candidate - City Commission, Mayor 406 Alpha Avenue Tallahassee, FL 32305

Sent via Certified Mail

Dear Mr. Hendricks:

ION SANCHO Supervisor of Elections Leon County, Flo! - -U.S. Postal Service TM

CERTIFIED MAIL" RECEIPT (Domesttc Mall Only; No Insurance Coverage ProvIded)

" "

7119 3730 6450 0001 1581

Postage $

$0.44

Certified Fee $2,,80 Postmark Here

Return Receipt Fee (Endorsement Required) $2.30

Restricted DelivelY Fee (Endorsement Required) $0 .. 00

Total Postage & Fees $ $5.54

Sent To Larry Hendricks Candidate, City Co. - Mayor

Street, Apt No , 406 PJpha Avenue orPOBoxNo Tallahassee, FL 32305 City, State, Zip+4 . . . '0' PS Form 3800, August 2006 See Reverse for Instructions

Thank you for the submission of your campaign treasurer's report due on July 23,2010.

We received your report on July 26,2010, three days late, and must assess a fine of$150.00. Late reports are subject to a fine of $50 per late day for the first three days and $500 starting with the fourth late day, up to a maximum of 25% of contributions received or expenditures made during the reporting period. Florida law states that this fme is not an allowable campaign expense and must be paid :liom personal funds. A copy of 106.,07(8), F.S. is provided for your review.

Upon receipt of this notice, you have 20 days to either submit payment (payable to the Supervisor of Elections) to our office or submit a written appeal to the Florida Elections Commission, 107 West Gaines Street, Suite 224, Collins Building, Tallahassee, FL 32399-1050. A copy of the appeal must also be submitted to our office.

Should you decide to file an appeal it would need to state any unusual circumstances that prevented you from filing your Campaign Treasurer's Report on time and must include all supporting evidence you wish the Commission to consider, such as affidavits, witness statements, etc.. If you appeal, in addition to submission of written documentation, you also have the right to a personal hearing before the Commission, which must be requested in your appeal. If the appeal is not submitted within the prescribed 20 days, you automatically waive your right to appeal.

If you have any questions concerning this matter, please contact Rebecca Wood, Election Information Specialist, Cynthia Kelley, Administrative Services Manager, Janet Olin, Assistant Supervisor of Elections, or myself at 606-8683.

Sincerely,

~.~. Ion Sancho

Enclosure: F.S. 106.07(8)

SupennsorofElections~ce

Mailing Address: PO Box 7357 . Tallahassee FL 3234-7357 (850) 606-VOTE (8683)' FAX (850) 606-8601· www.leoncountyfl.gov/e1ect

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2. Article Number

""1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111

'7119 3730 6450 0001 1581

1 Article Addressed to:

Larry Hendricks Candidate, City Co. - Mayor 406 Alpha Avenue Tallahassee, FL 32305

3" Service type

o Agent o Addressee

C" DAte of Delivery

1? 0 Yes o No

7/28/2010 11:12AM

4, Restricted Delivery? (Extra Fee) DYes

PS Form 3811 Domestic Return Receipt

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Rebecca Wood - 10-Fl Treasurer's Report Not Filed

From: To: Date:

Subject:

Larry,

Rebecca Wood

Larry Hendricks

7/26/20108:45 AM

10-F1 Treasurer's Report Not Filed

Page 1 of 1

Your report for the period of 4/1/10-7/16/10 was due on July 23, 2010. As you are now accruing fines for the missed reporting period, please submit your report as soon as possible.

If I may assist you in filing the report, please give me a call.

Thanks, Becky

Rebecca S. Wood Election Information Specialist Supervisor of Elections Office

PhYSical Address: 315 S Calhoun Street, Suite 110 Tallahassee FL 32301

Mailing Address: PO BOX 7357 Tallahassee FL 32314-7357

Voice (850) 606-VOTE (8683) Main Office Fax Line (850) 606-8601 yy'yy"YY.,1§Qn~Qtes!Qm woodr@leoncountyfl.qov

file:/IC:\Documents and Settings\User\Local Settings\Temp\XPgrpwise\4C4D4B47LeonC... 9/23/2010

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OFFICE USE ONLY STATE OF FLORIDA APPOINTMENT OF CAMPAIGN TREASURER

AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDIDATES

(Section 106.021 (1), F.S.)

i L_"

l:,:-t_;;

~T"{~ !~

(PLEASE PRINT OR TYPE)

:t.-.CJ*ECK APPROPRIATE BOX:

V Original Appointment Change in 0 TreasurerlDeputy 0 Depository 0 Office 0 Party

2 Name of Candidate (in this order First, Middle, Last) 3 Address (include post office box or street, city, state, zip

.kt..r-~y- lie ;Vd!y.~.L ~!is~.. code) II (J,0, 4 Iv{) kG~ '~f' -_:J'. "."" ·'72-'7 ) 5-'.--' 4 Telephone/optional) 5 E··mail address (optional) 10 .... ) Lvl/ta. S---'S;R~_. ___ I '.~J , .. J(..,:.._

(g){J ) 17ri tit:!1 0, by ~y-.lj ta.· fA / tP \ t:&& 00 Cc,\A", ~ffiZ~·;;~-ght-(i~~~~I;Jde district, dtr;~it:group;()umb6r) 7, If a·c~mdid~t·~for a nonpartisan office, check if--

)

11/11 (/}..J .~·'1:· f '. applicable:

Slf a c?~~::'~£k~~ce, ~!~ :~~;'~~~;me of party~s .:~~2:~;~~~ ~~ni~::t ~::e~~ ::ntate o Write-In [] No Party Affiliation D __ ........ _________ ..... _.'. ______ Party candidate

18 I have designated the following bank as my [Z}' Primary Depository o SecondarY De{ository ._------_._-._-_._ .. --.---.-,---------.--..... --- ..• --,-----" ...... --.. -----~-_._ ..... , .. -... ,-_ .. __ ... -----_._--_.-19 ~T1e of Bank ,. 20"_-9t:e.~tAdd!,ess ) I '

_.t5CA/! 4. <:A~_H1/1;'4?ir) (? Ck . __ • __ ,,_._-'---~--"'--'--!1:=...-7_ S! Cc..;. 1J1G_..::-LA-<-#--r-_________ _ 21 .. ~Cly .. 22. County 23 ltate 2. 4. Z~ Code.

~)L;JI&I,(;a>'s~'-42 i-aa).! ;-~-! :J"./--3CJ I UNDER PENALTIES OF PERJURY, I DECLARE THAT I ~iAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND

DESIGNATION OF CAMPAIGN DEPOSITORY AND THAT THE FACTS STATED IN IT ARE TRUE" 1------.------- ------.--.-.... --.--...... ----,--..... --.----.-----... -.-----... -~.-.----------I

25 Date (\ 26 Sig~ture ~J~;;n~id t~ J"" n . j(/ ,-, I")) V _T··"~' / /':..) tpv"~_s2.. 0,' i) L- / L /Y"'/'(;?1;- ..-.-J' -::---s/LA::.-

, l/ Treasurer's Acceptance of Appointment CffiI in the @s and check the appropriate block)

,L.c.L rv~ ____ /J fr{lt:le !{ <; _____ \. . ,do hereby accept the appointment I (Please F:rint or Type Name)

designated above as: 0' Campaign Treasurer 0 Deputy Treasurer

;J.&~ ~. ']d J 6 ._ X ,~~~. _____________ _ V Date Signat~of dampaign Treasurer or Deputy Treasurer

I,

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DS·DE 9 (Rev. 11/09)

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FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS

CAMPAIGN TREASURER'S REPORT SUMMARY

(1 ) Larry Hendricks OFFICE USE ONLY

Name

(2) 406 Alpha Avenue [1019363)

Address (number and street) Submitted on:

-.-Ta] ] ahassee, EL 323Q5 7/26/2010 10:35:20 (eastern) City, State, Zip Code

o CHECK IF ADDRESS HAS CHANGED (3) ID Number: 244

(4) Check appropriate box(es):

[K] Candidate (office sought): Tallahassee City Commission - Seat 4/Mayor

o Political Committee o CHECK IF PC HAS DISBANDED

o Committee of Continuous Existence o CHECK IF CCE HAS DISBANDED

o Party Executive Committee

[J Electioneering Communication [J CHECK iF NO OTHER ELECTIONEERiNG COMMUNICATION REPORTS WILL BE FILED

(5) REPORT IDENTIFIERS

Cover Period.' From 4/1/2010 I I To

7/16/2010 I Report Type F1

-- -- -- -- -- ---

IB Original o Amendment o Special Election Report o Independent Expenditure Report

(6) CONTRIBUTIONS THIS REPORT (7) EXPENDITURES THIS REPORT

Monetary

Cash & Checks $ 0 00 Expenditures $ 720 .10 -------------- ----

Loans $ 780 .. 00 Transfers to Office Account $ 0.00

--------

Total Monetary $ 780 00 Total -.-- ---_._-- ---------------

Monetary $ 720 .. 10

In-Kind $ 0 .. 00

(8) Other Distributions $ 0.00

(9) TOTAL Monetary Contributions To Date (10) TOTAL Monetary Expenditures To Date

$ :zs 0 ...D.-O- $ 720...J...O..-

(11) CERTIFICATION

It is a first degree misdemeanor for any person to falsify a public record (ss. 839.13, F.S.) --

I certify that I have examined this report and it is true, I certify that I have examined this report and it is true, correct, and complete. correct, and complete.

. Qxee l'l2!me) (Type name) ---------_. __ .. _------- --_._-- .. _----

Dinciividuai (onlyior DTreasurer D Deputy Treasurer DCandidate D Chairperson (only for PC. PTY & electioneering Gommun ) electioneering commun organization)

X I

X Signature Signature

DS·DE 12 (Rev. 08/04)

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Report Code Due Date Fine Assessed

2006 City of Tallahassee Mayoral Candidate 06-F1 8/4/2006

06-F2 8/18/2006 06-F3 9/1/2006 06-F3(A) 9/1/2006 TR-P 12/4/2006 $50.00

2008 City of Tallahassee Commission, Seat 1 Candidate 08-F1 7/25/2008

08-F2 8/8/2008 08-F3 8/22/2008 08-G1 9/19/2008 08-G2 10/3/2008 08-G3 10/17/2008 08-G4 10/31/2008 TR-G 2/2/2009 TR-G(A) 2/2/2009

2010 City of Tallahassee Mayoral Candidate 10-F1 7/23/2010 $150.00

F2 8/6/2010 F3 8/20/2010 F3(A) 8/20/2010 TR-P 11/22/2010

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Qualifying Notices Affidavit

2010

Notice Number Titlg

10-1 Campaign Treasurer's Reporting Dates Schedule

10-2 Pre-Ejection Testing of Voting System Equipment and

Tabulation Programming

10-3

10-4

10-5

10-6

Usage and Removal of Political Campaign Advertisements;

Political Advertisement Disclaimers

Absentee Ballot Procedures

Solicitation of Voters; Persons Allowed in Polling Places

Deadline to Appoint Poll Watchers & Poll Watcher Rules

Receipt is acknowledged of the preceding notices .

. -:)

rX~/~_""'.--Candid~'s Signature

__ t, r &w~~ - flo/{lV-Office ought Seat Number

L I :2:1 d 8 I Nfl! OiEZ

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Qualifying Notice #10-1

Campaign Treasurer's Reporting Dates Schedule This is the last notice you will receive concerning reporting dates.

The Elections Office will not mail reminder notices during the election cycle.

1. Candidates will have Campaign Treasurer's Reports due about every two weeks during the election cycle. In most cases there is a week in which to prepare the report, except for the reports due the Friday before each election when all activity through midnight, Thursday (the day before) must be included.

2. The reporting schedule is as follows:

Quarterly Reports

Due Dates

January 11, 2010

April 12, 2010

Period Covered

10/1/09 - 12/31/09

1/01/10 - 3/31/10

Primary Election Reports

Due Dates Period Covered

July 23, 2010

August 6, 2010

August 20, 2010

4/1/10 - 7/16/10

7/17/10 - 7/30/10

7/31/10 - 8/19/10

General Election Reports

Due Dates

September 17, 2010

October 1, 2010

October 15, 2010

October 29, 2010

Period Covered

8/20/10 - 9/10/10

9/11/10 - 9/24/10

9/25/10 - 10/8/10

10/9/10 - 10/28/10

(CONTINUED ON BACK)

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3. Deadline to receive campaign contributions: Primary Election .................................................... Midnight, Thursday, August 19, 2010 General Election .................................................. Midnight, Thursday, October 28, 2010

The deadline for receiving contributions is midnight Thursday before each election. The report due the Friday before the election must include contributions and expenses made through Thursday.

4. Ninety Day Termination Report Due Dates

Due Dates

September 16, 2010

November 22, 2010

January 31, 2011

Period Covered

After June Qualifying

After Primary Election

After General Election

The Termination report due date is based on the last election in which you are on the ballot or after qualifying if unopposed. Candidates and treasurers are urged to pay particular attention to disposition of surplus funds and their termination report at the end of the campaign (see 106.141 F.5. and Chapter 18 pages 50-51 of the 2010 Candidate and Campaign Treasurer Handbook).

In preparing your termination report:

A. After paying all bills, candidate first reimburses self for contributions made to campaign.

B. If a candidate has filed an Oath of Undue Burden, he or she must next reimburse the Leon County Supervisor of Elections office for the full amount of the petition checking fee, and then the full amount of the election assessment, in the amount of these charges.

C. If there are insufficient funds in the account to pay the full amount of either the assessment or the fee or both, the remaining funds shall be disbursed in accordance with any of the options listed in the handbook.

5. Fines if Treasurer's Report is filed late

Electronic Reports must be submitted to the Supervisor of Elections by 5:00 p.m. on the due date. Reports submitted late are subject to fines of $50 per day for the first three (3) days late and $500 per day thereafter for each late day not to exceed 25% of contributions or expenditures, whichever is greater, for the reporting period covered by the late report, as provided in section 106.07(8), F.5., payable by the candidate personally (not an allowable campaign expense).

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Last Name Contact ID I C-ommunicatio-nDate I EmployeelnitialsT- Subject Notes

Hendricks (06) Hendricks (06),Larry 8/18/2006 RDS

Hendricks (06) Hendricks (06),Larry 6/25/2008 rsw

Hendricks (08) Hendricks (08),Larry 8/11/2008 rsw

Hendricks (08) Hendricks (08), Larry 10/6/2008 rsw

Hendricks (08) Hendricks (08)Jarry 10/20/2008 rsw

Hendricks (08) Hendricks (08),Larry 10/30/2008 rsw

Hendricks (08) Hendricks (08),Larry 2/3/2009 rsw

Spoke with candidate and advised he had not yet filed 06-F2 and he needed to do so asap to avoid fine as well as

Treasurer's Report getting it postmarked. Left message for candidate that he did owe fine for filing TR report despite fact that only expenditure was

2006 TR fine reimbursement to himself.

Spoke with candidate and advised that he had not filed 08-F2 report. He didn't realize there was a report due, thought they were due quarterly. Advised his report was late and

08-F2 needed to file asap to stop fines. Advised candidate he had not filed report and needed to do so asap as

08-G2 we are In the fine period.

Spoke with candidate and advised not to be late on next report. Also that certified mail he had notice for was to

08-G3 report late notify of L&A testing on 10/16/08. Advised candidate since period closes at midnight, he needs to file report

08-G4 tomorrow and not today.

Left message for candidate at both 309-1006 and 701-1946 to advise we had not yet received termination report

Termination Report and that we are in the fine period.

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Last Name T-- Contact ID I Communication DateT Employeelnitiafsl Subject ,-- Notes Spoke with candidate who advised he would file report asap so as to stop fine. After receiving report left another message for candidate as account

Hendricks (OS) Hendricks (OS),Larry 2/3/2009 rsw Termmation Report was not zeroed out. Left message and send email that report had not yet been received and

Hendricks (10) Hendncks (10),Larry 7/26/2010 rsw 10-F1 Report candidate was accruing fines.

Hendncks (10) Hendricks (10),Larry 7/26/2010 rsw

Hendricks (10) Hendricks (10),Larry S/30/2010 rsw

10-F1 Report

10-F1 Fine

Candidate called; he received the message that his report had not been filed. Confirmed username/password and advised he would file report today.

Forwarded fine letter to candidate via email and called him regarding filing appeal with Elections Commission.

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