NOH FEC # 17-352 STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION In Re: Republican Party of Florida _____________________________________________/ Case No.: FEC 17-352 TO: Benjamin J.Gibson, Esquire Benjamin J. Gibson PA 517 East 9th Avenue Tallahassee, FL 32303 Division of Elections 500 S Bronough Street, Room 316 Tallahassee, FL 32399 NOTICE OF HEARING (AUTOMATIC FINE) A hearing will be held in this case before the Florida Elections Commission on, November 28, 2017 at 8:30 am, or as soon thereafter as the parties can be heard, at the following location: 412 Knott Building, Pat Thomas Committee Room, 404 South Monroe Street, Tallahassee, Florida 32399. Failure to appear in accordance with this notice will constitute a waiver of your right to participate in the hearing. Continuances will be granted only upon a showing of good cause. This hearing will be conducted pursuant to Section 106.25, Florida Statutes, which governs your participation as follows: If you are the Respondent, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission. However, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless you request to be heard or the Commission requests that your case be considered separately on the day of the hearing, your case will not be individually heard. If you are the Complainant, you may attend the hearing, but you will not be permitted to address the Commission. In addition, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless the Respondent requests to be heard or the Commission requests that the case be considered separately on the day of the hearing, the case will not be individually heard. If you are an Appellant, and you have requested a hearing, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission. Please be advised that both confidential and public cases are scheduled to be heard by the Florida Elections Commission on this date. As an Appellant, Respondent or Complainant in one case, you will not be permitted to attend the hearings on other confidential cases. The Commission will electronically record the meeting. Although the Commission’s recording is considered the official record of the hearing, the Respondent may provide, at his own expense, a certified court reporter to also record the hearing. If you require an accommodation due to a disability, contact Donna Ann Malphurs at (850) 922-4539 or by mail at 107 West Gaines Street, The Collins Building, Suite 224, Tallahassee, Florida 32399, at least 5 days before the hearing. See further instructions on the reverse side. Amy McKeever Toman Executive Director Florida Elections Commission November 13, 2017
Transcript
NOH FEC # 17-352
STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION
In Re: Republican Party of Florida _____________________________________________/
Case No.: FEC 17-352
TO: Benjamin J.Gibson, Esquire Benjamin J. Gibson PA 517 East 9th Avenue Tallahassee, FL 32303
Division of Elections 500 S Bronough Street, Room 316 Tallahassee, FL 32399
NOTICE OF HEARING (AUTOMATIC FINE) A hearing will be held in this case before the Florida Elections Commission on, November 28, 2017 at 8:30 am, or as
soon thereafter as the parties can be heard, at the following location: 412 Knott Building, Pat Thomas Committee Room, 404 South Monroe Street, Tallahassee, Florida 32399.
Failure to appear in accordance with this notice will constitute a waiver of your right to participate in the hearing.
Continuances will be granted only upon a showing of good cause. This hearing will be conducted pursuant to Section 106.25, Florida Statutes, which governs your participation as follows: If you are the Respondent, you may attend the hearing, and you or your attorney will have 5 minutes to present your
case to the Commission. However, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless you request to be heard or the Commission requests that your case be considered separately on the day of the hearing, your case will not be individually heard.
If you are the Complainant, you may attend the hearing, but you will not be permitted to address the Commission. In
addition, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless the Respondent requests to be heard or the Commission requests that the case be considered separately on the day of the hearing, the case will not be individually heard.
If you are an Appellant, and you have requested a hearing, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission.
Please be advised that both confidential and public cases are scheduled to be heard by the Florida Elections Commission
on this date. As an Appellant, Respondent or Complainant in one case, you will not be permitted to attend the hearings on other confidential cases.
The Commission will electronically record the meeting. Although the Commission’s recording is considered the official
record of the hearing, the Respondent may provide, at his own expense, a certified court reporter to also record the hearing. If you require an accommodation due to a disability, contact Donna Ann Malphurs at (850) 922-4539 or by mail at 107
West Gaines Street, The Collins Building, Suite 224, Tallahassee, Florida 32399, at least 5 days before the hearing.
See further instructions on the reverse side. Amy McKeever Toman Executive Director
Florida Elections Commission November 13, 2017
NOH FEC # 17-352
Please refer to the information below for further instructions related to your particular hearing: If this is a hearing to consider an appeal from an automatic fine, the Filing Officer has imposed a fine on you for your failure to file a campaign treasurer’s report on the designated due date and, by filing an appeal, you have asked the Commission to consider either (1) that the report was in fact timely filed; or (2) that there were unusual circumstances that excused the failure to file the report timely. You are required to prove your case. If the Commission finds that the report was filed timely or that there were unusual circumstances that excused the failure, it may waive the fine, in whole or in part. The Commission may reduce a fine after considering the factors in Section 106.265, Florida Statutes. If the Commission finds that the report was not timely filed and there were no unusual circumstances, the fine will be upheld.
If this is a hearing to consider a consent order before a determination of probable cause has been made, the Commission will decide whether to accept or reject the consent order. If the Commission accepts the consent order, the case will be closed and become public. If the Commission rejects the consent order or does not make a decision to accept or deny the consent order, the case will remain confidential, unless confidentiality has been waived. If this is a hearing to consider a consent order after a determination of probable cause has been made, the Commission will decide whether to accept or reject the consent order. If the Commission accepts the consent order, the case will be closed. If the Commission rejects the consent order or does not make a decision to accept or deny the consent order, the Respondent will be entitled to another hearing to determine if the Respondent committed the violation(s) alleged. If this is a probable cause hearing, the Commission will decide if there is probable cause to believe that the Respondent committed a violation of Florida’s election laws. Respondent should be prepared to explain how the staff in its recommendation incorrectly applied the law to the facts of the case. Respondent may not testify, call others to testify, or introduce any documentary or other evidence at the probable cause hearing. The Commission will only decide whether Respondent should be charged with a violation and, before the Commission determines whether a violation has occurred or a fine should be imposed, Respondent will have an opportunity for another hearing at which evidence may be introduced. If this is an informal hearing, it will be conducted pursuant Sections 120.569 and 120.57(2), Florida Statutes; Chapter 28 and Commission Rule 2B-1.004, Florida Administrative Code. At the hearing, the Commission will decide whether the Respondent committed the violation(s) charged in the Order of Probable Cause. The Respondent will be permitted to testify. However, the Respondent may not call witnesses to testify. Respondent may argue why the established facts in the Staff Recommendation do not support the violations charged in the Order of Probable Cause. At Respondent’s request, the Commission may determine whether Respondent’s actions in the case were willful. The Respondent may also address the appropriateness of the recommended fine. If Respondent claims that his limited resources make him unable to pay the statutory fine, he must provide the Commission with written proof of his financial resources at the hearing. A financial affidavit form is available from the Commission Clerk.
NAME:
FLORIDA ELECTIONS COMMISSION CASE REPORT
Case Number: FEC-17-352
REPUBLICAN PARTY OF FLORIDA
DATE APPEAL RECEIVED: 10/20/17
DATE REPORT DUE: 9/22/17 (2017 SG2)
DATE OF ELECTRONIC RECEIPT: 10/3/17
DATE FILING OFFICER RECEIVED REPORT: 10/3/17
NUMBER OF DAYS LATE: 11
AMOUNT OF FINE: $110,000.00
FINE BASED ON: (X) NUMBER OF DAYS ( ) 25% OF RECEIPTS ( ) 25% OF EXPENDITURES
TOTAL RECEIPTS FOR REPORTING PERIOD: $0
TOTAL EXPENDITURES FOR REPORTING PERIOD: $0
DATE FIRST NOTIFICATION WAS SENT: 9/26/17
SUMMARY: Republican Party of Florida is a Political Party Executive Committee (PPX) registered with the State of Florida. The PPX's chair is Mr. Blaise Ingoglia and its treasurer is Mr. Mike Moberley. The PPX is being represented by attorney, Mr. Benjamin J. Gibson, P.A.
The PPX is appealing the fine claiming that unusual circumstances existed that caused the 2017 SG2 Report to be untimely filed. According to Mr. Gibson, "The legislature has provided political parties with the ability to appeal automatic fines based on unusual circumstances and has provided this Commission with the authority to waive such a fine in whole or in part when mitigating circumstances exist and the fine outweighs the severity of the violation committed. Based on the lack of immediate notice received, the amount of the fine far outweighing the gravity of the omission, and the history of compliance with campaign reporting requirements, RPOF respectfully requests a waiver in whole or in part of the automatic fine imposed". '
• The 2017 SG2 Report covers the time-period from 8/19/17 through 9/21117. • The PPX reported receiving 0 contributions, while also making 0 expenditures during this reporting
period. • The 2017 SG2 Queued-Transactions Report reflects that this report was created on 10/3/17 at
approximately 11 :37 am, before being filed on 10/3/17 at approximately 11 :51 am.
PRIOR CASES: This PPX has been involved in prior FEC investigations.
STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION
In Re: Republican Party of Florida, Case No: FEC 17-352
Appellant.
APPEAL OF AUTOMATIC ELECTION FINE
COMES NOW the Appellant, Republican Party of Florida (RPOF), through its
Chairman, by undersigned counsel and pursuant to section 106.29(3)(c), Florida Statutes, files
this appeal of an automatic fine imposed by the Division of Elections and requests the
Commission to waive the fine in whole or in part for the reasons set forth herein.
FACTUAL BACKGROUND
As a result of the resignation of Representative Jose Felix Diaz, Governor Scott issued
Executive Order 17-155 ordering a Special Election to be held in House District 116. The Order
fixed the dates for the Special Primary Election and Special Election as July 25, 2017, and
September 26, 2017, respectively.
Political party state executive committees, such as the RPOF, are required by section
106.29, Florida Statutes, to file regular reports with the Division of Elections of all contributions
received and expenditures made. These reports are due on the 10th day following the end of
each calendar quarter, except that, during the period from the last day for candidate qualifying
until the general election, reports must be filed on the Friday immediately preceding each special
primary election, special election, primary election, and general election. When a special
election is called, each state executive committee that makes contributions or expenditures to
influence the results of the special election or the preceding special primary election must file
campaign treasurers' reports on the dates set by the Department of State.
()
The Department of State in its Notice of Special Election, set the dates for candidates to
file campaign reports including the SPl, SP2, SG 1, and SG2 reports. The 2017 SG2 report for
HD 116, which is the subject of this appeal, covered the period of 8/19/17- 9/21/17 and was due
on September 22, 2017, the Friday immediately preceding the Special Election for HD 116.
RPOF provided a total of five (5) in-kind distributions to the Daniel Perez Campaign for
HD 116. 1 The distributions covered the cost of polling, research, and one (1) campaign staff
totaling $30,950. The candidate, Daniel· Perez, timely filed his SG2 listing RPOF's in-kind
contributions and making the information publicly available prior to the election. The RPOF,
mistakenly, did not timely file a SG2 report listing the in-kinds reported by the candidate.
RPO F received notice via U.S. mail from the Division of Elections that the 2017 SG2
HD 116 report had not been received, on Tuesday, October 3rd. This was eleven (11) days after
the due date. Upon realizing the error, .RPOF immediately filed the 2017 SG2 that day (October
3rd) reporting the in-kind distributions.
For state executive committees, the fine for failing to file a report on the Friday
immediately preceding a special election is $10,000 per day for each day late. Thus, the
Division of Elections imposed an automatic fine of $110,000 against the RPOF.
ARGUMENT
Pursuant to section 106.29, Florida Statutes, this Commission has the authority to waive a
fine in whole or in part. RPOF appeals this fine based on the unusual circumstances outlined
below and respectfully requests the Commission to waive the fine in whole or in part.
1 This includes an in-kind distribution for research ($5,000) that was paid for by RPOF after the reporting deadline. RPOF's 2017 SG2 for HD 116 was amended on October 25th to add the in-kind distribution. The Daniel Perez Campaign simultaneously amended its SG2 to add the same in-kind contribution.
2
,r) ( /
I. The filing officer did not immediately notify the RPOF of the failure to file
Section 106.29(3)(b) requires that, "Upon determining that a report is late, the filing
officer shall immediately notify the chair of the executive committee ... as to the failure to file a
report by the designated due date and that a fine is being assessed for each late day." (emphasis
added). According to correspondence between the RPOF and the Division of Elections the
timeline is as follows:
• Friday, September 22- 2017 SG2 for HD 116 report due;
• Tuesday, September 26- notice letter from Division to RPOF dated (see Exh.A);
• Thursday, September 28- notice letter from Division to RPOF meter stamped
(see Exh.A);
• Tuesday, October 3- RPOF receives notice letter via U.S. Mail (see Aff. Kay
Linton); and
• Tuesday, October 3- RPOF files 2017 SG2 for HD 116.
The Legislature's mandate that the filing officer "immediately notify" the Chairman of
the executive committee is not an optional courtesy reminder. It is a statutory requirement. Any
reasonable reading of the statute would conclude that receiving notice via U.S. mail eleven (11)
days after a report is late filed, does not qualify as "[immediate notification]." The notice letter
from the Division of Elections was dated Tuesday, September 26th, and sent via U.S. mail. It
was not received by the RPOF until a week and a half later on October 3rd. In the interim, a
$10,000 fine per day was accruing. From Friday, September 22nd when the report was due until
Tuesday, October 3rd, when RPOF received notice via U.S. mail, there was no phone call, email,
hand-delivered letter, or any communication from the filing officer to RPOF alerting that the
SG2 report for HD 116 had not been received and that a $10,000 fine was accruing daily.
3
Florida Elections Commission Rule 2B-l.005(1), F.A.C. provides a basis for appealing
automatic fines based on unusual circumstances. The rule states in part "unusual circumstances
shall include, but not be limited the following circumstances:
... (g) Failure of the filing officer to e-mail, telephone, or mail a letter to the candidate, chairman of a political committee, or treasurer of a committee of continuous existence that a report is late no later than seven days after the report was due shall constitute unusual circumstances if the appealing party establishes that lack of notice clearly interfered with the timely filing of the report ... "
Upon receiving notice, RPOF immediately filed its SG2 report, within hours. Clearly,
there was no intention to hide anything. RPOF regularly and timely files all of its quarterly
reports and makes every effort to be in compliance with all reporting requirements required by
law. If RPOF received immediate notification of its error, the report could have been filed sooner
and the fine would be drastically reduced.
II. RPOF made no contributions or expenditures; all in-kind distributions were publicly reported; and the fine far outweighs the gravity of the omission
RPOF did not make any cash contributions or expenditures to the Daniel Perez Campaign
to influence the results of the HD 116 Special Election. The only campaign finance activities by
RPOF during the HD 116 special election cycle were in-kind distributions. These in-kind
contributions from the Republican Party of Florida were reported by the Daniel Perez Campaign
on its SG2 and filed prior to the Special Election. At no time was the public deprived of
information relating to the in-kind distributions provided.by RPOF, since the candidate already
publicly reported them. Given that the amount of the fine imposed is nearly four times the
amount of the in-kind distributions, the fine far outweighs the gravity of the omission.
Prior to 2011, section 106.29, Florida Statutes, required state executive committees to
only file reports on the Friday immediately preceding both the primary election and general
election without any requirement to file immediately before a special primary and special
4
election (Sees. 106.29, Fla. Stat. (2010)). In 2011, the Legislature amended section 106.29 (see
ch. 2011-40, s. 73, L.O.F.) to create an additional requirement for state executive committees to
also file reports immediately prior to a special primary and special election, but just for
contributions, expenditures, and distributions relating specifically to the special election. In
other words, the reports required to be filed immediately before a special primary and a special
election are just related to the special election and are not comprehensive reports of all of a
political party's contributions, expenditures, and distributions. The automatic fine, however, is
the same as when a state executive committee fails to file a comprehensive report immediately
before a primary or general election.
Comprehensive reports required to be filed prior to a primary and general election are
very different from the reports now required to be filed prior to a special primary and special
election. Reports filed immediately before a primary and general election, prior to 2011 and
today, include all of a state executive committee's contributions, expenditures, and distributions.
These reports generally have millions of dollars of transactions in the form of contributions and
expenditures that are not otherwise publicly reported except for on a state executive committee
report. If a state executive committee fails to file immediately before a primary and general
election, they are depriving the public of a substantial amount of information prior to an election
that can be found nowhere else. Requiring reports to be filed the Friday immediately before an
election prevents a political party from infusing large sums of money into a race at the last
minute to benefit a candidate without the public knowing. This explains the legislative reasoning
behind imposing such a severe fine when an executive committee files such a report late.
Contrast this though, with what the RPOF late filed on its SG2 report for HD 116. It did
not late-report any cash contributions or expenditures to the candidate, but simply in-kind
5
distributions that were already publicly reported by the candidate. In other words, the harm that
the Legislature was trying to prevent with the severest of fines is not present in this instance.
The amount of the fine imposed far outweighs the gravity of the omission.
III. Section 106.29 was not intended to harshly penalize unintentional acts; RPOF has acted in good faith and has a track record of compliance ·
The Legislature struck a balance in drafting section 106.29 by imposing a harsh
automatic fine for a state executive committee not timely filing a report on the Friday
immediately preceding special primary, special, primary, and general elections, and at the same
time, requiring the filing officer to "immediately notify" the chair of a state executive committee
of a late report. Both parts of the statute are important and show the Legislature did not intend to
harshly penalize unintentional omissions by political parties. The harsh penalty for late filing
($10,000 per day) deters state executive committees from delaying the public release of their
campaign finance activity until after the election, and the immediate notification by the filing
officer of a report not received reduces the harsh penalty when a state executive committee's
failure to file is unintentional and merely an oversight.
Providing public access to campaign finance information prior to an election is important.
The current instance, though, is not a case where the public was deprived of information prior to
the special election, or where the act of omission was intentional. The public had full knowledge
of RPO F's in-kind distributions prior to the Special Election for HD 116, since the candidate had
reported them. Upon receiving notice of the late report, RPOF acted in good faith and
immediately corrected the error filing the 2017 SG2 report for HD 116 the same day. Further,
RPOF has a history of timely filing its campaign treasure reports and complying with the
reporting requirements in The Florida Election Code.
6
SUMMARY
The Legislature has provided political parties with the ability to appeal automatic fines
based on unusual circumstances and has provided this Commission with the authority to waive
such a fine in whole or in part when mitigating circumstances exist and the fine outweighs the ·
severity of the violation committed. Based on the lack of immediate notice received, the amount
of the fine far outweighing the gravity of the omission, and the history of compliance with
campaign reporting requirements, RPOF respectfully requests a waiver in whole or in part of the
automatic fine imposed.
Dated: October 26, 2017
7
Respectfully submitted,
Isl Benjamin J. Gibson Benjamin J. Gibson Fla. Bar No.: 058661 BENJAMIN J. GIBSON, P.A. 517 East Ninth Avenue Tallahassee, Florida 32303 Email: [email protected] Phone: (850) 792-5060
Counsel for Republican Party of Florida
r") \_)
EXHIBIT A
FLORJDA DEPARTMENT OF STATE Ken Dctzner
September 26, 2017
Blaise Ingoglia, Chairperson Republican Party of Florida 420 East Jefferson Street Tallahassee, FL 3230 I
Dear Representative lngoglia:
Secretary of State
DNISION OF ELECTIONS
tcial Election Report llM lli.u· .. ~ ...
Your campa[gn treasurer's report, which was due September 22, 2017, has not been received.
PTY4700
Section 106.29(3)(b), Florida Statutes, requires that the filing officer immediately notify you of the failure to file this report and that a fine will be assessed of$1,000 per day for each late day, although a fine cannot exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the. late report. However, for the report immediately preceding the general election, the fine shall be $10,000 per day for each late day.
Once your report is filed, this office will notify you of the specific amount of your fine. Fines must be paid to the filing officer within 20 days of receipt of the payment due notice.
Please be advised, however, that failure to file a campaign treasurer's report may constitute a violation of Chapter I 06, Florida Statutes, independent of the automatic fine violation referenced above. Therefore, if you fail to file a report, the division will tum the matter over to the Florida Elections Commission.
Section l 06.265( I}. Florida Statutes, authorizes the Florida Elections Commission to impose a civil penalty up to $1,000 per count for each willful violation of Chapter 106.
If you have any questions, please contact the help desk at (850) 245-6280.
Sincerely,
~ -----~~~c.( W, !lt0 Kriiti Reid Willis, Chief Bureau of Election Records
cc: Mike Moberley, Treasurer
The RA Gray Building-Room 316 e 500 South Bronough Street • Tallahassee FL 32399·0250 e (850) 245-6240 e W\VW Addrc:ss: http:l/dos.myOorid11.com/e!e • £-A.fail: ElecRecords(iil,dos.myf/orida c
In Re: Republican Party of Florida, Case No. FEC 17-352
Appellant.
AFFIDAVIT OF KAY LINTON IN SUPPORT OF THE REPUBLICAN PARTY OF FLORIDA'S AUTOMATIC FINE APPEAL
STATE OF FLORIDA ) ) ss:
COUNTY OF LEON )
Before me, the undersigned authority, personally appeared Kay Linton, who being duly
sworn states as follows:
1. My name is Kay Linton. I am the Accounts Payable Manager for the Republican
Party of Florida (RPOF) where I am responsible for preparing state and federal campaign finance
reports, preparing event budgets, and paying invoices in accordance with state and federal law. I
make this affidavit in support of RPO F's appeal of an automatic fine imposed by the Division of
Elections. The facts in this affidavit are based on my own personal knowledge and if called as a
witness I could, and would, testify competently to those facts.
2. I regularly receive notices from the Division of Elections (Division) as it relates to
state campaign finance requirements for the Republican Party of Florida.
3. From Friday, September 22nd until Tuesday, October 3rd, I did not receive any
phone call, email, hand-delivered letter, or any other form of communication from the Division
informing the RPOF that it had not filed its 2017 SG2 report for the House District 116 Special
Election.
,,--, ( J
4. As part of my duties, I regularly check for mail received at RPOF headquarters
multiple times daily in the morning and afternoon.
, 5. On October 3, 2017, I received, on behalf of the RPOF Chairman, a letter from
the Division via U.S. mail notifying that the RPOF's 2017 SG2 report for House 116, due
September 22nd, had not been received.
6. Upon being informed of this, 1 immediately took steps to ensure that the report
was properly prepared and filed. The report was filed on October 3, 2017.
?f;• 9-~ 12£~ Kay -inton ~ .
me on this~ day of October 2017, by Kay Linton.
~~.-..~~ilPlilll..,..~ll..JTARY PUBLIC]
Personally Known V OR Produced Identification __ _
Type of Identification Produced:
2
(-}
Rf.~t::'IVED
17 OCT 13 PH ~: 02
EXHIBIT B
OIV1:>1uN O~ ELECTIONS SECRETARY OF STATE
FLORIDA DEPARTMENT OF STATE Ken Detzner
October 5, 2017
Blaise lngoglia, Chairperson Republican Party of Florida 420 East Jefferson Street Tallahasseet FL 3230 I
Dear Representative lngoglla:
Secretary ofS111te
DIVISION OF ELECTIONS
PTV4700
The campaign tre11s1.1rer's report that was due on September 22, 2017, was tiled on October 3, 2017. By law, you arc automatically assessed a late fine of $110,000.00.
You have 20 dnys from tho receipt or this notice to either:
1. Pay the fine to the Florida l>ivision of Elections (For a candid11te only, a fine is not an allowable campaign expenditure and must be paid from personal funds) at:
If you appeal, plense send a copy also to the Florida Division of Elections so that you will not receive further notices from the Division about this matter.
If you have any questions, please contact the help desk at (850) 24S·6280.
Sincerelyt •
~ ~-(::.::i\~cc W" lll;._:, Krish-Reld Willis, Chief Bureau of Election Records
cc: Mike Moberley, Treasurer
The R A Oray Building-Room 316 • 500 South Bronaugh Strc111 • Tollahass11e FL 32399-0250 • (BSO) :?45·6240 • WWW Address: http:f/dos.mynoridu.com/ele • £-Mui/: Efet:Recor~f~;dos.myflorlda.c
In Re: Republican Party of Florida, SE'CR£ TARY (OLE CT JONS
F STATE Case No.:
Respondent.
NOTICE OF APPEAL
NOTICE IS GIVEN that Republican Party of Florida, Respondent, hereby appeals to the
Florida Elections Commission the assessment of a fine imposed by the Florida Department of
State, Division of Elections, dated October 5, 2017, attached hereto and received by Respondent
on October 12, 2017. Respondent respectfully requests a hearing before the Commission
regarding this matter.
Dated: October 13, 2017 Respectfully submitted,
Isl Benjamin J. Gibson Benjamin J. Gibson Florida Bar No.: 58661 BENJAMIN J. GIBSON, P.A. 517 E. 9th Ave. Tallahassee, FL 32303 Phone: (850) 792-5060 Primary Email: [email protected] Secondary Email: [email protected]
Counsel for Respondent, Republican Party of Florida 420 East Jefferson Street Talla1lassce, Florida 32301 (850) 222-7920
()
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy hereof has been furnished electronically and via U.S.
mail to the filing officer, Florida Division of Elections, R.A. Gray Building, Room 316, 500
South Bronough Street, Tallahassee, Florida 32399-02501 l; [email protected];
this 13th day of October, 2017.
2
Isl Benjamin J. Gibson Benjamin J. Gibson
October 20, 2017
Kristi Reid Willis, Chief Bureau of Election Records Florida Division of Elections R.A. Gray Building, Room 316 500 South Bronaugh Street Tallahassee, Florida 32399-025011 [email protected]
SENT VIA ELECTRONIC AND _U.S. MAIL
Ms. Willis:
On October 12, 2017, the Republican Party of Florida (RPOF) received notice from the Division dated October 5, 2017, that an automatic fine was being assessed against the RPOF relating to the filing of our campaign treasurer's report.
Please allow this letter to serve as my notice to the Division, pursuant to section 106.29, Florida Statutes, that the RPOF is respectfully appealing this fine to the Florida Elections Commission. A copy of the notice of appeal filed with the Commission and sent to the Division on October 13, 2017, is attached hereto.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Blaise Ingoglia Chairman Republican Party of Florida
PAID FOR BY THE REPUBLICAN PARlY OF FLORIDA. NOT AUTHORIZED BY ANY CANDIDATE OR CANDIDATE'S COMMITTEE. WWW.FLORIDA.GOP
FLORIDA DEPARTMENT OF STATE Ken Detzner
October 5, 2017
Blaise Ingoglia, Chairperson Republican Party of Florida 420 East Jefferson Street Tallahassee, FL 32301
Dear Representative Jngoglia:
Secretary of State
DIVISION OF ELECTIONS
PTY 4700
The campaign treasurer's report that was due on September 22, 2017, was filed on October 3, 2017. By law, you are automatically assessed a late fine of $110,000.00.
You have 20 days from the receipt of this notice to either:
1. Pay the fine to the Florida Division of Elections (For a candidate only, a fine is not an allowable campaign expenditure and must be paid from personal funds) at:
Florida Division of Elections R.A. Gray Building, Room. 316 500 South Bronaugh Street Tallahassee, Florida 32399-025011
2. Appeal the fine to the Florida Elections Commission (See Rules 2B-I .005 and 2B- I .0055, Florida Administrative Code) at:
If you appeal, please send a copy also to the Florida Division of Elections so that you will not receive further notices from the Division about this matter.
If you have any questions, please contact the help desk at (850) 245-6280.
Sincerely,
~~~:i\~tt ~rish-Reid Willis, Chief . Bureau of Election Records
cc: Mike Moberley, Treasurer
The RA Gray Building-Room 316 • 500 South Bronough Street • Tallahassee FL 32399-0250 • (850) 245-6240 • WWW Address: http:/ldos.myflorida.com/ele • E-Mail: ElecRecords(iiJ,dos.mvf/orida.c
/') r ) ( .•
FLORIDA DEPARTMENT OF STATE Ken Detzner
September 26, 2017
Blaise Ingoglia, Chairperson Republican Party of Florida 420 East Jefferson Street Tallahassee, FL 3 23 0 I
Dear Representative Ingoglia:
Secretary of State
DIVISION OF ELECTIONS
Your campaign treasurer's report, which was due September 22, 2017, has not been received.
PTY 4700
Section l06.29(3)(b), Florida Statutes, requires that the filing officer immediately notify you of the failure to file this report and that a fine will be assessed of $1,000 per day for each late day, although a fine cannot exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report. However, for the report immediately preceding the general election, the fine shall be$ I 0,000 per day for each late day.
Once your report is filed, this office will notify you of the specific amount of your fine. Fines must be paid to the filing officer within 20 days of receipt of the payment due notice.
Please be advised, however, that failure to file a campaign treasurer's report may constitute a violation of Chapter I 06, Florida Statutes, independent of the automatic fine violation referenced above. Therefore, if you fail to file a report, the division will turn the matter over to the Florida Elections Commission.
Section 106.265( 1 ), Florida Statutes, authorizes the Florida Elections Commission to impose a civil penalty up to$ l ,000 per count for each willful violation of Chapter I 06.
If you have any questions, please contact the help desk at (850) 245-6280.
Sincerely,
~ ----'"t~~t-t W, U10 Kri~ti Reid Willis, Chief Bureau of Election Records
cc: Mike Moberley, Treasurer
The RA Gray Building-Room 316 • 500 South Bronough Street • Tallahassee FL 32399-0250 • (850) 245-6240
FLORIDA DEPARTMENT OF STATE, DIVISION OF ELECTIONS
CAMPAIGN TREASURER'S REPORT SUMMARY
(1) Republican Party of Florida (2) 4700
Candidate, Committe or Party Name l.D. Number
(3) 420 East Jefferson Street Tallahassee FL 32301-0000
Address (number and street) City State Zip Code
D Check box if address has changed since last report
(4) Check appropriate box( es):
D Candidate (office sought):
D Political Committee D Check If PC has DISBANDED
D Committee of Continuous Existance D Check If CCE has DISBANDED
0 Party Executive Committee
(5) REPORT IDENTIFIERS
Cover Period: From 08/19/2017 To 09/21/2017 Report Type: SG2
[2g Original 0 Amendment [2g Special Election Report
(6) CONTRIBUTIONS THIS REPORT (7) EXPENDITURES THIS REPORT
Cash & Checks $0.00 Monetary Expenditures $0.00
Loans $0.00 Transfers to Office Account $0.00
Total Monetary $0.00 Total Monetary $0.00
In-Kind $0.00 (8) Other Distributions
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 I certify that I have examined this report and it is true, correct and complete true, correct and complete
Name of 0 Treasurer 0 Deputy Treasurer Name of 0 Candidate ~ Chaiman (PC/PTY Only
y x
Signature Signature
Prepared on: 10/23/17 9:01 :03AM Reviewed On: 10/3/17 11 :42 am
\ . \ } FLORIDA DEPARTMENT OF STATE, DIVISION' OF ELECTIONS
CAMPAIGN TREASURER'S REPORT SUMMARY
(1) Republican Party of Florida (2) 4700
Candidate, Committe or Party Name l.D. Number '
(3) 420 East Jefferson Street Tallahassee FL 32301-0000
Address (number and street) City State Zip Code D Check box if address has changed since last report
(4) Check appropriate box(es): '
D Candidate (office sought):
D Political Committee D Check If PC has DISBANDED
D Committee of Continuous Existance D Check If CCE has DISBANDED
!Kl Party Executive Committee
(5) REPORT IDENTIFIERS
Cover Period: From 08/19/2017 To 09/21/2017 Report Type: SG2
D Original IR] Amendment IE] Special Election Report
(6) CONTRIBUTIONS THIS REPORT (7) EXPENDITURES THIS REPORT
Cash & Checks $0.00 Monetary Expenditures $0.00
Loans $0.00 Transfers to Office Account $0.00
Total Monetary $0.00 Total Monetary $0.00
In-Kind $0.00 (8) Other Distributions
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 I certify that I have examined this report and it is true, correct and complete true, correct and complete
Name of D Treasurer D Deputy Treasurer Name of D Candidate ~ Chaiman (PC/PTY Only
){ ){
Signature Signature
Prepared on: 10/30/1711:06:30AM Reviewed On: 10/25/17 10:30 am
Total Monetary $134,353.00 Total Monetary $96,385.25
In-Kind $30,950.00 (8) Other Distributions
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 I certify that I have examined this report and it is true, correct and complete true, correct and complete
Name of D Treasurer D Deputy Treasurer Name of l!J Candidate D Chaiman (PC/PTY Only
')( x Signature Signature
Prepared on: 10/30/17 2:55:48PM Reviewed On: 10/30/17 11:52am
Other Distributions - Divisi() Elections - Florida Department of St')
Other Distributions Republican Party of Florida
Florida Department of State Division of Elections
Page 1of1
This information is being provided as a convenience to the public, has been processed by the Division of Elections and should be cross referenced with the original report on file with the Division of Elections in case of questions. About the Campaign Finance Data Base
Rpt Yr Rpt Type Data
2017 SGl 2017 SGl 2017 SGl
08/l 7 /2017 08/31/2017 09/07 /2017
Amount Distributed To Address
10, 000. 00 ROBERT "BOBBY O" OLSZEWSKI CAM 1130 COPENHAGEN WAY 1,290.30 ROBER'f "BOBBY O" OLSZEWSKI CAM 1130 COPENHAGEN WAY
13, 000. 00 ROBERT "BOBBY O" OLSZEWSKI CAM 1130 COPENHAGEN WAY
24, 290. 30 3 Other Distribution (s) Selected
Qua!Y the Campaign Finance Data Base
!Department of State] [Qjyision of Elections] !Candidates and Races] !Campaign Finance lnfonnation]
other Distributions - Divisio(")Elections - Florida Department of S(~J
Other Distributions Republican Party of Florida
Florida Department of State Division of Elections
Page 1of1
This information is being provided as a convenience to the public, has been processed by the Division of Elections and should be cross referenced with the original report on file with the Division of Elections in case of questions. About the Campaign Finance Data Base
Rpt Yr Rpt Type Date
2017 SG2 2017 SG2 2017 SG2 2017 SG2
09/15/2017 10/02/2017 10/02/2017 10/03/2017
Amount Distributed To Address
2,000.00 ROBERT "BOBBY O" OLSZEWSKI CAM 1130 COPENHAGEN WAY 3, 500.00 ROBERT "BOBBY O" OLSZEWSKI CAM 1130 COPENHAGEN WAY 2, 000. 00 ROBERT "BOBBY O" OLSZEWSKI CAM 1130 COPENHAGEN WAY 2, 000. 00 ROBERT "BOBBY O" OLSZEWSKI CAM 1130 COPENHAGEN WAY
9,500.00 4 Other Distribution (s) Selected
Query the Campaign Finance Data Base
!Qepartment of State] !Division of Elections] !Candidates and Races] !Campaign Finance Information]
RE: Republican Party of Florida - 4700 Willis, Kristi R. to: Cole Kekelis 10/31/2017 01:55 PM Hide Details From: "Willis, Kristi R."<[email protected]> To: Cole Kekelis <[email protected]>
Page 1of1
For parties, the fine for a late report due right before an election is based upon days late and is not limited by the activity in the report. Thus, the fine for the SG2 was based upon filing the report 11 days late.
The fine for the SGl report is limited to 25% of expenditures or contributions. As only other distributions were
Committee Substitute for Committee Substitute for House Bill No. 1355
An act relating to elections; amending s. 97.012, F.S.; expanding the list of responsibilities of the Secretary of State when acting in his or her capacity as chief election officer; amending s. 97.021, F.S.; redefining the term "minor political party"; amending s. 97.025, F.S.; replacing a requirement for the Department of State to print copies of a pamphlet containing the Election Code with a requirement that the pamphlet be made available; amending s. 97.0575, F.S.; requiring that third-party voter registration organizations register with the Division of Elections and provide the division with certain information; requiring that the division or a supervisor of elections make voter registration forms available to third-party voter registration organizations; requiring that such forms contain certain information; requiring that the division maintain a database of certain information; requiring supervisors of elections to provide specified information to the division in a format and at times required by the division; requiring that such information be updated and made public daily at a specified time; requiring third-party voter registration organizations to deliver collected voter registration applications within a specified period; revising penalty provisions to conform; specifying grounds for an affirmative defense to a violation of timely submission requirements; providing for the referral of violations to the Attorney General; authorizing the Attorney General to initiate a civil action; providing that an action for relief may include a permanent or temporary injunction, a restraining order, or any other appropriate order; requiring that the division adopt rules for specified purposes; providing for retroactive application of certain requirements applicable to third-party voter registration organizations; deleting provisions providing for fines to be in addition to criminal penalties; deleting provisions providing a continuing appropriation of the proceeds of fines; amending s. 97.071, F.S.; requiring that voter information cards contain the address of the polling place of the registered voter; requiring a supervisor of elections to issue a new voter information card to a voter upon a change in a voter's address of legal residence or a change in a voter's polling place address; providing instructions for implementation by the supervisors of elections; amending s. 97.073, F.S.; requiring a supervisor to notify an applicant within 5 business days regarding disposition of the voter registration applications; amending s. 97.1031, F.S.; revising the methods by which a person must update his or her voter registration due to a change of address; revising procedures for an elector to change his or her party affiliation; requiring an elector to notify the supervisor of elections when the elector changes his or her name; amending s. 98.075, F.S.; revising procedures for the removal of deceased persons and other potentially ineligible persons from the statew.ide voter registration system; amending s. 98.093, F.S.; revising requirements for the Department of Corrections to provide the Department of State with
1 CODING: Words strieken are deletions; words underlined are additions.
Ch. 2011-40 LAWS OF FLORIDA Ch. 2011-40
General Revenue Fund; amending s. 106.29, F.S.; creating an exemption from state reporting requirements for certain contributions and expenditures by political parties; requiring state and county executive committees and affiliated party committees that make contributions or expenditures to influence the results of a special election or special primary election to file campaign treasurer's reports; amending campaign finance reporting dates, to conform; deleting a requirement that each state executive committee file the original and one copy of its reports with the Division of Elections; revising the due date for filing a report; providing criteria for deeming delivery complete of a notice of fine; amending s. 106.35, F.S.; deleting a requirement that the Division of Election adopt rules relating to the format and filing of certain printed campaign treasurer's reports; amending s. 112.312, F.S.; excluding contributions or expenditures reported pursuant to federal election law from the definition of the term "gift"; amending s. 112.3215, F.S.; excluding contributions or expenditures reported pursuant to federal election law from the definition of the term "expenditure"; amending s. 876.05, F.S.; deleting a requirement for all candidates for public office to record an oath to support the Constitution of the United States and of the State of Florida; repealing s. 876.07, F.S., relating to a requirement that a person make an oath to support the Constitution of the United States and of the State of Florida in order to be qualified as a candidate for office; providing for severability of the act; providing effective dates.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsection (16) is added to section 97.012, Florida Statutes, to read:
97.012 Secretary of State as chief election officer.-.The Secretary of State is the chief election officer of the state, and it is his or her responsibility to:
(16) Provide written direction and opinions to the supervisors of elections on the performance of their official duties with respect to the Florida Election Code or rules adopted by the Department of State.
Section 2. Subsection (18) of section 97.021, Florida Statutes, is amended to read:
97.021 Definitions.-For the purposes of this code, except where the context clearly indicates otherwise, the term:
(18) "Minor political party'' is any group as specified defined ins. 103.095 this subsection which on January 1 preceding a primary election does not have registered as members 5 percent of the total registered electors of the state .• Any group of citizens organized for the general purposes of electing to office qualified persons and determining public issues under the democratic processes of the United States may become a minor political party of this state by filing v:ith the department a certificate shmving the name of the
8 CODING: Words strieken are deletions; words underlined are additions.
Ch. 2011-40 LAWS OF FLORIDA Ch. 2011-40
upon the finding of a violation of this chapter or chapter 104 to impose civil penalties in the form of fines not to exceed $1,000 per count, or, if applicable, to impose a civil penalty as provided ins. 104.271 ors. 106.19.
{22 In determining the amount of such civil penalties, the commission or administrative law judge shall consider, among other mitigating and aggravating circumstances:
(a) The gravity of the act or omission;
(b) Any previous history of similar acts or omissions;
(c) The appropriateness of such penalty to the financial resources of the person, political committee, committee of continuous existence, electioneering communications organization, or political party; and
(d) Whether the person, political committee, committee of continuous existence, electioneering communications organization, or political party has shown good faith in attempting to comply with the provisions of this chapter or chapter 104.
(fil~ If any person, political committee, ,committee of continuous existence, electioneering communications organization, or political party fails or refuses to pay to the commission any civil penalties assessed pursuant to the provisions of this section, the commission shall be responsible for collecting the civil penalties resulting from such action.
~ Any civil penalty collected pursuant to the provisions of this section shall be deposited into the General Revenue Fund Eleetion Campaign Finaneing Trust Fund.
{fil4} Notvlithstanding any other provisions of this ehapter, Any fine assessed pursuant to the provisions of this chapter shall, whieh fine is designated to be deposited or v:hieh v:ould othenvise be deposited into the General Revenue Fund of the state, shall be deposited into the Eleetion Campaign Finaneing Trust Fund.
Section 73. Subsection (1) and paragraph (b) of subsection (3) of section 106.29, Florida Statutes, are amended to read:
106.29 Reports by political parties; restrictions on contributions and expenditures; penalties.-.
(1) The state executive committee and each county executive committee of each political party regulated by chapter 103 shall file regular reports of all contributions received and all expenditures made by such committee. However, the reports shall not include contributions and expenditures that are reported to the Federal Election Commission. In addition, when a special election is called to fill a vacancy in office, each state executive committee, each affiliated party committee, and each county executive committee making contributions or expenditures to influence the results of
84 CODING: Words striekcn arc deletions; words underlined arc additions.
Ch. 2011-40 LAWS OF FLORIDA (--) Ch. 2011-40
the special election or the preceding special primary election must file campaign treasurers' reports on the dates set by the Department of State pursuant to s. 100.111. Such reports shall contain the same information as do reports required of candidates by s. 106.07 and shall be filed on the 10th day following the end of each calendar quarter, except that, during the period from the last day for candidate qualifying until the general election, such reports shall be filed on the Friday immediately preceding each special primary election. special election, both the primary election~ and the general election. In addition to the reports filed under this section, the state executive committee and each county executive committee shall file a copy of each prior written acceptance of an in-kind contribution given by the committee during the preceding calendar quarter as required under s. 106.08(6). Each state executive committee shall file the original and one copy of its reports with the Division of Elections. Each county executive committee shall file its reports with the supervisor of elections in the county in which such committee exists. Any state or county executive committee failing to file a report on the designated due date shall be subject .to a fine as provided in subsection (3). No separate fine shall be assessed for failure to file a copy of any report required by this section.
(3)
(b) Upon determining that a report is late, the filing officer shall immediately notify the chair of the executive committee as to the failure to file a report by the designated due date and that a fine is being assessed for each late day. The fine shall be $1,000 for a state executive committee, and $50 for a county executive committee, per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report. However, if an executive committee fails to file a report on the Friday immediately preceding the special election or general election, the fine shall be $10,000 per day for each day a state executive committee is late and $500 per day for each day a county executive committee is late. Upon receipt of the report, the filing officer shall determine the amount of the fine which is due and shall notify the chair. Notice is deemed complete upon proof of delivery of written notice to the malling or street address on record with the filing officer. The filing officer shall determine the amount of the fine due based upon the earliest of the following:
1. When the report is actually received by such officer.
2. When the report is postmarked.
3. When the certificate of mailing is dated.
4. When the receipt from an established courier company is dated.
5. When the electronic receipt issued pursuant to s. 106.0705 is dated.
Such fine shall be paid to the filing officer within 20 days after receipt of the notice of payment due, unless appeal is made to the Florida Elections
85 CODING: Words stFieken are deletions; words underlined are additions.
Ch. 2011-40 LAWS OF FLORIDA Ch. 2011-40
Commission pursuant to paragraph (c). An officer or member of an executive committee shall not be personally liable for such fine.
Section 74. Subsection (5) of section 106.35, Florida Statutes, is amended to read:
106.35 Distribution of funds.-
(5) The division shall adopt rules providing for the weekly reports and. certification and distribution of funds pursuant thereto required by this section. Such rules shall, at a minimum, provide fer.
(a) Specifications for printed campaign treasurer's reports outlining the format for such reports, including size of paper, typeface, color of print, and placement of required information on the form.
(b}h specifications for electronically transmitted campaign treasurer's reports outlining communication parameters and protocol, data record formats, and provisions for ensuring security of data and transmission.
2. .All electronically tFansmitted campaign treasurer's reports must also be filed in printed format. Printed furmat shall . no.t include campaign treasurer's reports submitted by electl'onic facsimile transmission.
Section 75. Paragraph (b) of subsection (12) of section 112.312, Florida Statutes, is amended to read:
112.312 Definitions.-As used in this part and for purposes of the provisions of s. 8, Art. II of the State Constitution, unless the context otherwise requires:
(12)
(b) "Gift" does not include:
1. Salary, benefits, services, fees, commissions, gifts, or expenses associated primarily with the donee's employment, business, or service as an officer or director of a corporation or organization.
2. Contributions or expenditures reported pursuant to chapter 106, contributions or expenditures reported pursuant to federal election law, campaign-related personal services provided without compensation by individuals volunteering their time, or any other contribution or expenditure by a political party.
3. An honorarium or an expense related to an honorarium event paid to a person or the person's spouse.
4. An award, plaque, certificate, or similar personalized item given in recognition of the donee's public, civic, charitable, or professional service.
86 CODING: Words stFieken are deletions; words underlined are additions.
RICK SCOTT Governor
/) (/
FLORIDA DEPARTMENT oI STATE
MEMORANDUM
KENDETZNER Secretary of State
TO: Political Parties, Affiliated Party Committees, Political Committees, and Electioneering Communication Organizations
FROM: Kristi Reid Bronson, Chief Bureau of Election Records
DATE: May 22, 2017
SUBJECT: Special Election - State Representative, District 116
A special election has been called for the office of State Representative, District 116. The special primary election for this race is scheduled for July 25, 2017. The special election for this race is scheduled for September 26, 2017.
When a special election is called to fill a vacancy in office, all political committees, electioneering communication organizations, political parties and affiliated party committees making contributions or expenditures to influence the results of such special election shall file campaign treasurer's reports with the filing officer on the dates set by the Department of State.
Committees or organizations are required to file special election campaign treasurer's reports only if the committee or organization makes a contribution to a special election candidate during the special election repo1ting periods (see chart on next page) or makes an expenditure to influence the results of the special election.
Please note that activities reported on special election reports are only expenditures that are made to influence the results of the special election. All other activity (e.g .. contributions) is reported on the appropriate campaign treasurer's repo1t.
Once a committee or organization has participated in the special election and has filed a special election campaign report, all remaining special election repo1is must be filed even if there is no further special election activity. If there is no further activity, a waiver must be filed.
Division of Elections R.A. Gray Building, Suite 316 • 500 South Bronough Street• Tallahassee, Florida 32399 ~ W
850.245.6240 • 850.245.6260 (Fax) dos.myflorida.com/elections UQ~!J?iA '/ ELECTIONS ti ,,
MEMORANDUM May 22, 2017 Page Two
(~)
All reports must be filed through the Electronic Filing System (EFS) not later than midnight, Eastern Time, of the due date. Reports not filed by this time are late filed and subject to the penalties in Sections 106.07(8) and 106.29, Florida Statutes.
In the event that the EFS is inoperable on the due date, the rep01t will be accepted as timely filed if filed no later than midnight, Eastern Time, of the first business day the EFS becomes operable. No fine will be levied during the period the EFS was inoperable.
The campaign reporting schedule for this special election is as follows:
The email is done through a program so I do not have .a "copy of the email" that goes out.
Here is an excerpt from the log showing that an email was sent:
I have attached a copy of the memo that was attached to the email.
I have attached also a spreadsheet that is generated by the program that lists the entities that were sent the memo. I have highlighted the entry for PC 60864.
The body of the email provided:
Please review the attached memoranda regarding the special elections that have been called for the offices of State Representative, District 116, and Senate, District 40.
Additional information can be found at the following link on the Division's website:
http: II dos. myflori da. com/ elections/for-voters/special-elections/
Please contact our office at (850) 245-6280 if you have any questions.
If you need additional information, please let me know.
From: Cole Kekelis [mailto:[email protected]] Sent: Wednesday, October 25, 20171:54 PM To: Willis, Kristi R. <[email protected]> Subject: Home Care PAC - 60864
Ms. \Mllis:
Previously, you sent our office a sample memorandum regarding special election reporting dates that is emailed to PACs when special elections are called.
Could you please forward me a copy of such an email that was sent to the above PAC regarding a special election for which the PAC had to file a 2017 SP1 report?
This relates to an auto fine appeal with regard to the 2017 SP1 report.
Thanks,
Cole Kekelis FEC
The Department of Slale is committed to excellence. Please take our Customer S~!isfacl!on Surv~.
Mr. Mike Moberley, Treasurer Republican Party of Florida ( 4 700) 11573 West Rose Court Homosassa, Florida 34448
Dear Mr. Moberley:
KENDETZNER Secretary of State
Your appointment as treasurer for Republican Party of Florida was filed in this office on January 25, 2017. Enclosed is a security envelope containing your confidential pin number to access the Division's Electronic Filing System (EFS).
All of the Division's publications and forms are available on the Division's website at dos.myflorida.comfelections/. It is your responsibility to read, understand, and follow the requirements of Florida's election laws. Therefore, please print a copy of the following documents: Chapters 103, 104 and 106, Florida Statutes, Calendar of Reporting Dates, and Rule lS-2.017, Florida Administrative Code.
If you have questions concerning the EFS, you may contact Malcolm Chellman at (850) 245-6267.
Sincerely,
~~-C~~~ Kristi Reid Bronson, Chief Bureau of Election Records
KRB/mcc
Enclosure
pc: Blaise Ingoglia, Chairperson
Division of Elections R.A. Gray Building, Suite 316 • 500 South Bronough Street • Tallahassee, Florida 32399
Received phone call from Kimberly, she said she had received my message regarding updating the emails via EFS. She then said they generally get an email sent to them after they complete a report and asked if they could get a similar type of email for failure to file and late notices. I explained the ones they get for filing a report are auto generated from the EFS software. The failure to file and late notices are not part of the EFS auto generations and are mailed out via the regular post office mail. She asked if there was a way for to put in a request for those to be sent via email, I said all requests could be sent to Kristi Willis by email, but I was not aware of this being an option that we offered.
Sib
55756 10/17/2017 9:40:00 AM slbagley
RE: Email
Received call from Kimberly asking how to update email address on file for the party. I explained she could send in a signed letter from the chair or treasurer. I also called back and left a message explaining she could update it through EFS in the campaign account section.
Sib
54969 7/28/2017 1 :37:00 PM slbagley
RE: State Warrants for Special Elections SNT40, STR116, STR44
Received call back from Kimberly Simpson at 9:09 am saying she would be sending her assistant Richard Franklin to pick up the checks. I told her he had already been by this morning but I explained I could not release them to him until I had heard back from the Party and he said ok and would come back later.
Richard Franklin came and picked up the checks at 1 :30 pm.
Sib
54959 7/28/2017 8:49:00 AM slbagley
RE: State Warrants for Special Elections SNT 40, STR 116, STR44
Called againg this morning (8:41 am)since I had not heard back from anyone from the party yesterday. Spoke with Makenzie who said she received my message from yesterday, this morning and forwarded it to Kim who was not in yet, but should be in soon. She said Kim would be calling me later today to let me know if they would be picking up the checks or wanting them mailed.
Sib
54951 7/27/2017 2:33:00 PM SLBagley
RE: State Warrants for Special Elections SNT40, STR116, STR44
Left voicemail leaving my direct number letting them know we had three state warrant check ready for them from the collections of the fees from the Special Elections for FL Senate 40, FL House 116, FL House 44. I left instructions to please return my call to let me know if they would be picking up the checks (and who) or if they want me to mail them.
Sib
54772 7/12/2017 12:54:00 PM mcchellman
Re In-kind acceptance letters not signed by chair or individuals designated by the chair, No Tor DT was available, called and left detailed VM for Katherine Howard advising of the requirements listed in S. 106.08(6)(b)2.a, F.S., and asking her to call me.
Page 1 of 3 10/23/2017
FLORIDA ELECTIONS COMMISSION PHONE LOG
Case No.: FEC 17-352
Respondent: Republican Party of Florida
Complainant: Division of Elections
1. Date and time: October 23, 2017 @ 8:55 am Name: Benjamin Gibson-Attorney Phone #: (850) 792-5060 Summary: I attempted telephone contact to inquire about the reason why the 2017 SG2 Report was untimely filed. I left a message to return my call. Memo to File? No Entered by: CKO
2. Date and time: October 23, 2017 @ 9:20 am Name: Benjamin Gibson-Attorney Phone#: (407) 625-7601 Summary: I had telephone contact from the attorney returning my call. Mr. Gibson advised me that he would be sending in an appeal letter that stated the reason for the untimely filing of the 2017 SG2 Report. Mr. Gibson told me that he would email his response by the COB Thursday, October 26, 2017, and put a hard copy of the document in the mail. I explained that If I received his response by then, this case would appear during the November 2017 FEC Commission meeting. Memo to File? No Entered by: CKO
InvOO l (10/07)
Campaign Finance Activity - Division of Elections - Florida Department of State n· n Page 1of5
Florida Department of State Division of Elections
Republican Party of Florida
Campaign Finance Activity
Note: The information presented below was obtained from the Committee's/Candidate's Campaign Treasurer's Report filed with the Division of Elections. About the Campaign Finance Data Base. If all contributions for a reporting period are less than 1 dollar Then they may not be displayed.
Contributions Filing Period Monetary , Loans In Kind Expend Other Transfers
