STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

In Re: Broward County Democratic Committee

Case No.: FEC 12-271

------------------------~'

NOTICE OF HEARING ON APPEAL OF AUTOMATIC FINE

TO: Mitch Ceaser, Chair Broward County Democratic Committee · 1888 A North University D.dve Plantation, Florida 33322

Broward (Jounty Supervisor ofElections US South Andrews,Roollll02 Ft. Lauderdale, Florida 32301

~LEASE TAKE NOTICE.thatpn Mayl4, 2013, at 8!30 a.m. or thereafter as the parties carr be heard, the Floiida Elections Commission will consider the Respondent's appeal of tl;le automatic fine impqs(ld by the filing officer The Commission will rrieetat: Sen:lte Office B\lilding,404 South Monroe Street, Room S-401, Tallahassee, Florida 32399-6526. . ·· · · · ·

Although you. did not request a hearing, .this .. notice is to inform you that your case will be discussed ·at the meeting taking place on the above date . arrd place All documents you want the Commission to consider must be submitted at least 10 days prior to the hearing

If you require arr accommodation due to a disability, contact Donna 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 healing

PLEASE GOVERN YOURSELF ACCORDINGLY.

Dated on Aprill6, 2013

Hea038 (2/09)

Amy McKeever Tomarr Executive Director

Please be advised that other cases have been scheduled for the same time.. Therefore, your case may not be called exactly at the time set forth on this notice.

At the automatic fine hearing, the Florida Elections Commission will decide whether Respondent's campaign treasurers report was timely filed or whether there were unusual circumstances that excuse his failure to timely file his report.

Rule 2B-L0055, Florida Administrative Code, defines unusual circumstances as "uncommon, rare or sudden events over which the actor has no control and which directly result in the failure to act in accordance with the filing requirements.. Circumstances which allow for time in which to take those steps necessary to assure compliance with the filing requirement shall be deemed not to constitute unusual circumstances "

The hearing will be conducted pursuantto Section 106 07(8)(c), Florida Statutes, if Respondent is a candidate, a political committee, or an electioneering communications organization; Section 106..04(8)(c), Florida Statutes, if Respondent is a committee of continuous existence; or Section 106.29(3)(c), Florida Statutes., if Respondent is a political party; and Commission Rules 2B­L005, 1 0052,. & 10055, Florida Administrative Code ..

The Commission will. electronically record the meeting .. Although the Commission's recording is considered the official rec.ord of the hearing, the Respondent may.provide, at his own expense, a certified court reporter to also record the hearing

Before making a decision, the Commission will review the written documents submitted by Respondent and staff at least ten .days before the hearing and the information presented at the hearing. Rule 2B-1 005, Florida Administrative Code, provides that unless good cause is shown, the Commission will not consider any written document unless it has been filed with the Commission Clerk at least ten days before the hearing ..

•

When the case is called, the Chair will read a brief statement and may ask the Respondent and his attorney, ifone is present, to state their names for the record Respondent will then have time to present his case to the Commission Witnesses may be called to testify under oath on Respondent's behalf If Respondent calls witnesses, the staff attorney may cross-examine those witnesses after Respondent's questioning is finished. After Respondent's presentation, staffwill have the same amount of time to present its case. If the staff attorney calls witnesses, Respondent may cross-examine those witnesses after staffs questioning is finished

At any time during the presentations the Commissioners may ask questions of Respondent, his attorney, the witnesses, and staff After the presentations are concluded, the Commissioners will discuss the case and decide whether Respondent's report was timely filed or whether there were unusual circumstances that excuse his failure to file timely his report The Commission will make a decision by a majority vote of those members present and voting

After the Commission meeting, the Commission will send Respondent a written Order reflecting the Commission's decision If the Commission upholds the fine, Respondent will have 30 days to pay the fine ..

If you have any questions about the procedures for the hearing, please contact Donna Ann Malphurs at 107 West Gaines Street Collins Building, Suite 224 Tallahassee, Florida 32399-1050, phone number·: (850) 922-4539.

Hea038 (2/09)

FLORIDA ELECTIONS COMMISSION CASE REPORT

Case Number: FEC-12-271

NAME: BROWARD COUNTY DEMOCRATIC EXECUTIVE COMMITTEE

DATE APPEAL RECEIVED: 9/2/12

DA IE HEARD BY FEC: N/ A

DAIEHEARINGREQUESI RECEIVED: N/A

DATE REPORT DUE: 8/10/12 (2012 F3)

DATE OF POSTMARK: 8/11/12

DATE FILING OFFICER RECEIVED REPORT: 8/11/12

NUMBER OF DAYS LATE: 1

AMOUNT OF FINE: $500

CANDIDATE [] PC [] CCE [] PoLITICAL PARTY [X] ECO[]

STATE [ J DISrRIGT [ ] CoUNTY [X] CITY [ ]

FINE BASED ON: (X) NUMBER OF DAYS ( ) 25% OF RECEIPTS ( ) 25% OF EXPENDITURES

TOTALRECEIPISFORREPORTINGPERIOD: $500 00

TOTAL EXPENDITURES FOR REPORTING PERIOD: $5,472 67

DAlE FIRST NOTIFICATION WAS RECEIVED: 8/16/12

SUMMARY: The Browmd County Democratic Executive Committee is a political party executive committee (PPX) registered in Browmd County. The PPX's chair is Mr.. Mitchell Ceasar and its treasurer is Richard Mead.

The PPX is appealing the fine claiming that the 2012 F3 Report was filed electronically by the due date; however, the hard copy that was mailed two days prior to the due date arrived late because of a Post Office error According to Mr .. Ceasar, the 2012 F3 Report was electronically filed on 8/9/12 Mr .. Ceasar states that the 2012 F 3 Report was mailed in a timely fashion; however, delivery was late because the "US. Postal Service took extra time for delivery Perhaps the deluge of political mail, during that period was a factor"

Broward County requires that all executive committee campaign reports be filed electronically as well as a paper filing The electronic report is not available to the public until both versions have been received'.

PRIOR CASES: This PPX has not had any prior cases before the Commission

1 In a February 6, 2013 telephone interview with Mary Cooney, Broward County filing officer, I was advised that executive committees are required to file electronically as well as a hard copy The report is considered filed when both versions have been received Ifthe hard copy is mailed, the envelope's postmark date is considered the date filed.

FECACTION: FINE DUE: $_________ DATE:----------

TIMELY FILED: YES No UNUSUALCIRCUMSIANCES: YES No WAIVER: PAR IIAL FULL FINEINCORRECILYCALCULATED: YES No UC REASON: INIIIALS:

----AOl04&-(2/09)-----~------_-__ :::__-:-_-_----- --=---------------~-=-------_ ---------=--------===--- __ _________________ -~

FLORIDA ELECTIONS COMMISSION PHONE LOG

Case No.: FEC 12-271

Respondent: Broward County Democratic Executive Committee

Complainant: Broward County SOE

1 Date and time: Febmary 5, 2013@ 3:00pm Name: Mary Cooney-SOE Phone#: (954) 712-1960 Summary: I attempted telephone contact to inquire about paper/electronic filing and when a report is actually considered filed. I left a message to return my call. Memo to File? No Entered by: CKO

2 Date and time: Febmary 6, 2013 @9:50am Name: Mary Cooney-SOE Phone#: (954) 712-1960 Summary: I attempted telephone contact I left a message to return my call Memo to File? No Entered by: CKO

3 Date and time: Febmary 6, 2013 @ 10:00 am Name: Mary Cooney-SOE Phone#: (954) 712-1960 Summary: I had telephone contact in response to message left on her behalf I inquired if a executive committee was required to file electronically and a hard copy of campaign reports. Ms.. Cooney confirmed that all executive committees are required to file both ways Ms .. Cooney states that the report is considered filed when BOTH versions of the report are filed If the hard copy is mailed, the envelope's postmark date is considered the date filed. An example given was: a executive committee electronically files their report by the due date, however the hard copy is mailed out a day after the due date (check postmark date on the letter), then the report is considered one day late.. I thanked Ms. Cooney for her assistance in this matter . Memo to File? No Enter·ed by: CKO

4. Date and time: April9, 2013@ 3:00pm Name: Mary Cooney-SOE Phone#: (954) 712-1960 Summary: I attempted telephone contact to verify when a report becomes available to the public I left a message to return my call Memo to File? No Entered by: CKO

5 Date and time: April10, 2013@ 10:10 am Name: Mary Cooney-SOE

_____ lnvOOI (10/07)

Phone#: (954) 712-1960 Summary: I had telephone contact to verify when a report becomes available to the public. Ms. Cooney states that she has sent me all of the information that she has regarding this matter I was informed that the hard copy must be filed, as well as electronically, before the report becomes available to the public.. Ms .. Cooney states that the filing requirements don't state this verbatim; however, it is understood by all candidates/committees I thanked her for her assistance in this matter. Memo to File? No Entered by: CKO

INV001 (12/01) 2

ELEC[ED OFFICERS

Mitchell Ceasar Chair National CommilteGm(ln

Diano Glasser Stale Committeewoman Nation Commmeewoman

Michael Moskowitz Stato Commilteeman

Ruth Lynch First Vlce.,Chair

Alexander Johnson Corresponding SeCietary

Ridiard W. Mead Treasurer

Tim Ross Recording Secrotary

Diana Pittarelli Second Vice-Chair

Micllael Lockwood Council of Club Presidonts

TamaraAyon Executl~e Director

(

August 23, 2012

I o Whom It May Concern:

~e-\J6: q \d-.-\\~ @ ~Qt\

(;)""-

Please consider this an Appeal as recited in Florida Statues Section 1 06 7 (c). You will find an enclosed document from the Broward Supervis01 of Elections, fining the Broward Democratic Party $500 .. 00 for the one day (late ani val) of our Financial Report As the enclosed affidavit indicates the report was mailed in a timely fashion. Simply, delivery was late, as the U.S. Postal Service took extra time for delivery.. Perhaps the deluge of political mail, during that period was a factor

We respectfully request the waiving of said fine.. Thank you.

~~ Mitchell Ceasar Chairmarr .

Enclosure: Affidavit of Executive Director Final Report Mailed F ina! Rep01t Emailed

E!££IED OFFICERS

Mitchell Ceasar Chair National Committeam(l.n

Olano Gl~sser Stal€1 Commilteewornal'l NaUon Committeewoman

Michael Moskowitz State Committeeman

Ruth Lynch First Vice,Chair

Alexander Johnson Corresponding Secretary

Richard W Mead Treasurer

Tim Ross Recording Secretary

Diana Pittarelli Second Vice-Chair

Michael Lockwood Council of Club Presidents

TamaraAyon Executive Director

/

I

August 23, 2012

I o Whom It May Con<;ern:

I am writing in response to the letter that was received regarding our Treasurer's Report, that has incuned a fine of$500 .. 00 for late receipt of one day .. As indicated, the report was submitted in a timely manner electronically. Our Treasurer, Richard Mead and I rue responsible for the submission of the Report Upon review of the records, at no time in the last four yerus under my supervision has the Browrud Democratic Pruty's Report ever been submitted late To my knowledge, this has never occurred previously. The Report was dropped in the mail two days prior to the due date with ample days to anive in a timely manner We believe that the error was that of the Post Office and not the Democratic Pruty .. We appreciate your prompt attention to this matter and hope that you will consider our hist01y when reviewing this affidavit

Sincerely,

_lkoward Democratic Party 18681\ N .. Universily Drive P!Mtation, Fl. 33322 ------·---Totephone:..(954)~4z3:i2QQ ~a~: (95<~ro23_'2_20"£-:-C:rn•"'illfo@_bcdeco~g~-=\f\l•b:IMW/cbc~e_<:co!=-__ -_-__ -_-__ ----

' ( c J Dr. Brenda C. Snipes

WITH CONFIDENCE

Broward County Supervisor of Elections Broward Governmental Center

I 15 S. Andrews Avenue, Room 1 02 Fort Lauderdale, FL 33301

954-357-7050 www. browardsoe .. org

To:

Thru:

From:

Date:

Subject:

MEMORANDUM Mitch Ceasar, Candidate Richard Mead, Treasurer DEC

Dr. Bren~· .. Snipes Supervi~Jt Elections

----Mary Cooney("t , Public Service~/Candidate Qualifying Officer

August 16, 2012

Delinquent Treasurer's Report

The signed Report Summary for your Campaign Treasurer's Report (F3) which was due August 10, 2012 was not postmarked until August 11. According to Section 106.07(8)(b), Florida Statutes, a fine of $50 per day for the first three days late and $500 each day thereafter, for the reports immediately preceding each election the fine shall be $500 per day for each late day, not to exceed 2 5% of the total receipts or expenditures, whichever is greater, for the period covered by the late report shall be assessed. Therefore, you are fined $500 .. 00 which represents the one ( 1 ) day the Report was delinquent.

The fine shall be paid to the Supervisor of Elections within 20 days of receipt of this notice unless appealed to the Florida Elections Commission, Room 2002, The Capitol, Tallahassee, FL 32399· 0250. Section 106.7(8)(c), Florida Statutes, provides for appealing or disputing the assessed fine by submitting a notice of appeal in writing to the Florida Elections Commission within 20 days of the date of receipt of the notice of payment due, stating any unusual circumstances surrounding the failure to file on the designated due date. A failure to file such notice will constitute a waiver of the right of appeal.

Moreover, the notice of appeal must be accompanied by any and all supporting evidence you wish the Commission to consider in making its determination. Examples of such evidence that the Florida Elections Commission will consider are: 1 ) an affidavit attesting, in specific detail, to a timely mailing; 2) an affidavit or letter from the post office documenting a mailing problem; or .3) an affidavit or statement from an attending physician or a hospital bill, setting forth specific dates, if there is a health-related reason as to why your report was not timely filed.. If you fail to submit documentation or evidence demonstrating the unusual circumstances which prevented you from timely filing your report within the 20 day period stated above, no documentation or evidence submitted thereafter will be considered by the Florida Elections Commission ..

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~--·-

( ~ I, \ ·Dr. Brenda C. Snipes

Broward County Supervisor of Elections

WITH CONFIDENCE

Broward Governmental Center 115 S Andrews Avenue, Room I 02

Fort Lauderdale, FL 33301 954-357-7050

www .browardsoe .. org

To:

Thru:

From:

Date:

Subject:

MEMORANDUM Mitch Ceasar, Chairman Richard Mead, Treasurer DEC

Dr ,:t:,. Snipes Supe 1 · of Elections

Mary oo~ Public Ser~~_91rector/Candidate Qualifying Officer

September 21, 20 12

Delinquent Treasurer's Report· Revised

The signed Report Summary for your Treasurer's Report (F3) which was due August 10, 2012 was not postmarked until August 11, According to Section 1 06.29(3)(b), Florida Statutes, a fine of $50 per day for the first three days late and $500 each day thereafter, for the reports immediately preceding each election the fine shall be $500 per day for each late day, not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report shall be assessed. Therefore, you are fined $500 .. 00 which represents the one ( 1) day the Report was delinquent.

The fine shall be paid to the Supervisor of Elections within 20 days of receipt of this notice unless appealed to the Florida Elections Commission, Room 2002, The Capitol, Tallahassee, FL 32'399-0250.. Section 1 06..7(8}(c), Florida Statutes, provides for appealing or disputing the assessed fine by submitting a notice of appeal in writing to the Florida Elections Commission within 20 days of the date of receipt of the notice of payment due, stating any unusual circumstances surrounding the failure to file on the designated due date. A failure to file such notice will constitute a waiver of the right of appeaL

Moreover, the notice of appeal must be accompanied by any and all supporting evidence you wish the Commission to consider in making its determination,. Examples of such evidence that the Florida Elections Commission will consider are: 1) an affidavit attesting, in specific detail, to a timely mailing; 2) an affidavit or letter from the post office documenting a mailing problem; or '3) an affidavit or statement from an attending physician or a hospital bill, setting forth specific dates, if there is a health-related reason as to why your report was not timely filed.. If you fail to submit documentation or evidence demonstrating the unusual circumstances which prevented you from timely filing your report within the 20 day period stated above, no documentation or evidence submitted thereafter will be considered by the Florida Elections Commission.

Si desea una traducci6n de cstc documento sirvase 11amat al telefOno 954-357-8452 954:Js 7'70so-·-ra>c9o4~51:1070

WITH CONFIDENCE

Page ·· 2 ··

~

( I, \ Dr. Brenda C. Snipes Broward County Supervisor of Elections

Broward Governmental Center 115 S Andrews Avenue, Room I 02

Fort Lauderdale, FL 33301 954-357-7050

www browardsoe org

You also have the right to a hearing before the Commission. However, if you desire a hearing before the Commission, you must request such hearing in the notice of appeal within the 20 days of receipt of this notice. If no timely request for hearing is made in your notice of appeal, you will be deemed to have waived your right to a hearing and the Commission's determination shall be based upon the written record.

We urge your prompt attention to this matter.

BCS:MC:mc Decfine2 doc

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FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS

CAMPAIGN TREASURER'S REPORT SUMMARY

(1) DemQQrSJtic E~SlQUtiv§ QQmmitt§§ OFFICE USE ONLY

Name

(2) 1888A N. University Drive Address (number and street)

Plantation, FL 33322

City, State, Zip Code

0 CHECK IF ADDRESS HAS CHANGED (3) ID Number:

(4) Check appropriate box(es):

0 Candidate (office sought):

181 Political Committee 0 CHECK IF PC HAS DISBANDED

0 Committee of Continuous Existence 0 CHECK IF CCE HAS DISBANDED

0 Party Executive Committee

0 Electioneering Communication 0 CHECK IF NO OTHER ELECTIONEERING COMMUNICATION REPORTS WILL BE FILED

(5) REPORT IDENTIFIERS

Cover Period: From 7 I _11_ I 2012 To _8 _ I _ 9 _ I 2012 Report Type F3

181 Original 0 Amendment 0 Special Election Report 0 Independent Expenditure Report

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

Monetary

Cash & Checks $ 500.00 Expenditures $ 5.472. 67

Loans $ 0.00 Transfers to Office Account $ 0 00

Total Monetary $ 500.00 Total Monetary $ 5 472.67

In-Kind $ 0.00

(8) Other Distributions $ 0.00

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

$ 248 687.09 $ 302 752.94

(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.

(Type name) (Type name)

0 Individual (only for 0 Treasurer 0 Deputy Treasurer 0 Candidate 0 Chairperson (only for PC. PTY & electioneering commun ) electioneering commun organization)

X X Signature Signature

CFIO ·13.

OS-DE 12 (Rev. 08/04)

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

CAMPAIGN TREASURER'S REPORT- ITEMIZED CONTRIBUTIONS

(1 ) Name ____ _;D~e~m!!o~ce!.r.so.at~ic,..E=.x~e~c'-'uC"tiC!.Cve"-"C'-"'o"'m.".m!2:i~tt"'ee~----- (2) 10. Number ______ _

(3) Cover Per·od 7 1 21 1 2012 through 8 1 9 I 2012 I (4) Page of

(5) (7) (8) (9) (1 0) (11) (12)

Date Full Name (6) (Last, Suffix, First, Middle)

Contributor

Sequence Street Address & Contribution In-kind Number City, State, Zip Code Typo Occupation Type Descriotion Amendment Amount

Hazelle Rogers s State Rep CHE $500 00 5131 W Oakland Park Blvd

7 hGI 12 Apt L210 Lauderdale Lakes FL 33:313

1

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CAMPAIGN TREASURER'S REPORT- ITEMIZED EXPENDITURES

(1) Name ____ _,D'"e"'m"'o"'c"-ra,_t"'ice..;E,x"'e"'c"'u"'ti.:cve"--"C"'o'-'m"-m"'i"'tte"'e"------ (2) ID Number-------

(3) Cover Period _7_!_2_1_/ 2012 through _8_!_9_! 2012 (4) Page __ 1:...__ of _ ____:2::___

(5) (7) (8) (9) (1 0) (11)

Date Full Name Purpose (6) (Last, Suffix, First, Middle) (add office sought if

Sequence Street Address & contribution to a Expenditure

Number City, State, Zip Code candidate) Type Amendment Amount

Mike Hittleman Meeting Food MON $75 27

1 I 241 12 9154 NW 45th St Reimbursment Sunrise FL 33351

1

Tamara Ayon Payroll MON $111128

1 I 241 12 6525 Pines Parkway Hallwood FL 33023

2

Florida Dep of Revenue FL Dep of Revenue MON $17 50

1 I 241 12 5050 West Tennessee Street Tallahassee FL 32399

3

Coconut Creek Democratic Club Democratic Club MON $100 00

7 /24) 12 5029 Mallards Place Luncheon Coconut Creek FL 33073

4

American Commercial Realty Rent MON $1254 00

71241 12 324 Datura St Suite 102 West Palm Beac FL 33401

5

Broward Democratic Party Petty Cash MON $100 00

71261 12 1888A North University Drive Plantation FL 33023

6

Tamra Ayon Payroll MON $111128

8 I 8 I 12 6525 Pines Parkway Hollywood Fl 33023

7

Tamara Ayon Payday Advance MON $500 00

8 I 81 12 6525 Pines Parkway Hollywood FL 33023

8

U<:i-Ut: "'I"""' "t:t: ~~ .. ,~,~ ~Ut< IN" I t<U" II UN<> ANU vUUt

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CAMPAIGN TREASURER'S REPORT- ITEMIZED EXPENDITURES

(1) Name ____ .JD<!e~miJcO~C:;[fl'_atlliiC"-£EX!S!e~cibuwtiy:ve~C:;;o'!lml£m!l!i.!!tle!l!eL ____ _ (2) 10 .. Number-------

(3)CoverPeriod_7_;~;2012 through_8_;_9_/2012 (4) Page _ _____:2:___ of _ ___::2:____

(5) (7) (8) (9) (10) (11)

Date Full Name Purpose (6) (Last, Suffix, First, Middle) (add office sought if

Expenditure Sequence Street Address & contribution to a Number City, State, Zip Code candidate) Type Amendment Amount

Tamara A yon Ins Reimbursment MON $185 96

8 I 8 I 12 6525 Pines Parkway Hollywood FL 33023

9

At& t Phone and Internet MON $387 21

a I s I 12 P.O Box 105262 Atlanta GA 30348-5262

10

TGI Office Automation Copy Machine MON $182 41

8 I 8 I 12 P.O Box 41602 Philadelphia PA 19101··1602

11

Office Depot Office Depot MON $447 76

8 I 8 I 12 P 0 Box 689020 Des Moines lA 50368-9020

12

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Democratic Executive Committee

Candidate Finance Report Summary

Report Contr-ibutions Expenditun~

Submitted Period Num Monetary In-Kind Loans Num Amount

07/10/2009 2009-02 74 $8,885 .. 00 $0.00 $0 .. 00 51 $19,508 .. 62

07/10/2009 2009-02A 0 $0.00 $0.00 $0 .. 00 4 $1,380 .. 78

10/07/2009 2009-03 62 $7,650.00 $0.00 $0.00 54 $17,086 .. 84

10/08/2009 2009-03A 0 $0 .. 00 $0 .. 00 $0 .. 00 3 $617..97

01107/2010 2009-04 52 $10,347.39 $0 .. 00 $0.00 so $23,979 .. 80

04/1212010 201().01 126 $64,749.00 $0.00 $0 .. 00 53 $34,930.,.07

07/19/2010 201().F1 19 $13,114.93 $0.00 $000 73 $22,92160

08/06/2010 201().F2 0 $0 .. 00 $0 .. 00 $0 .. 00 4 $1,26801

08/17/2010 20l().F3 3 $325.00 $0 .. 00 $0 .. 00 11 $3,735 .. 92

09/16/2010 20t().G1 4 $6,005.00 $0.00 $0 .. 00 14 $5,841..66

09/29/2010 20t().G2 2 $7,500 .. 00 $0 .. 00 $0 .. 00 4 $2,275 .. 88

10/14/2010 20t().G3 2 $5,500.00 $0 .. 00 $000 8 $17,406 .. 99

10/28/2010 20l().G4 8 $3,70000 $0.00 $0 .. 00 8 $2,415 .. 44

10/29/2010 201().G4 A 2 $300.00 $0.00 $0 .. 00 2 $8,209 .. 89

01104/2011 201().04 3 $20,86612 $0.00 $0 .. 00 25 $11,41169

04/07/2011 20ll-Ot 115 $48,080.00 $0.00 $000 45 $35,838 .. 21

06/29/20ll 20ll-02 35 $13,306.68 $0 .. 00 $0 .. 00 46 $19,624 .. 90

10/06/20ll 20ll-03 37 $2,375.00 $0 .. 00 $0 .. 00 32 $12,823 .. 01

I0/10/20ll 20ll-03 A 0 $0 .. 00 $0.00 $0 .. 00 7 $2,039 . .57

10/10/20ll 20ll-03 A 1 $50.00 $0.00 $0 .. 00 8 $3,630 .. 94

01110/2012 20ll-04 43 $5,734 .. 00 $0 .. 00 $000 44 $20,658 .. 14

04/10/2012 2012-01 192 $68,528.97 $0 .. 00 $0 .. 00 44 $38,306 .. 82

07/12/2012 2012-Fl 8 $8,750.00 $0 .. 00 $0 .. 00 51 $23,652..43

07/24/2012 2012-F2 I $500.00 $0.00 $0 .. 00 9 $3,553..30

08/09/2012 2012-F3 I $500.00 $0.00 $0.00 12 $5,472..67

09/18/2012 2012-Gt 6 $1,78142 $0.00 $0 .. 00 18 $6,049 .. 69

10/04/2012 2012-G2 14 $33,036.28 $0 .. 00 $000 8 $3,165 .. 01

10/16/2012 2012-G3 54 $15,450.00 $0 .. 00 $000 12 $10,504 . .15

ll/0112012 2012-G4 15 $12,775.00 $4,625.00 $0 .. 00 14 $39,979 .. 96

ll/0112012 2012-G4 A 1 $200.00 $0.00 $0 .. 00 1 $40 .. 00

ll/0112012 2012-G4 A 1 ($40 .. 00) $0.00 $0 .. 00 0 $0 .. 00

lotals (31 rc·ports) $359,96979 $4,625.00 $0.00 $398,329.96

Kathleen McHugh 2012 Election Cycle

County Comt Judge,. Grp 6

Candidate Finance Report Summary

Report Contributions Expenditures Submitted Period Num Monetary In-Kind Loans Num Amount

04/09/2012 2012-01 23 $33,125..00 $300 .. 00 $0 .. 00 20 $16,875.16

07/13/2012 lliH! 10 $1,925.00 $0.00 $31,000 .. 00 8 $46,569 .. 78

07/30/2012 2012-F2 9 $1,280 .. 00 $0 .. 00 $0 .. 00 3 $1,036.10

08/09/2012 2012-F3 7 $1,706.00 $0.00 $0 .. 00 I $570 .. 00

08/10/2012 2012-F3 A 0 $0 .. 00 $0 .. 00 $0 .. 00 3 $4,48.3 .. 80

08/17/2012 2012-F1 A 7 $505 .. 00 $0.00 $0 .. 00 0 $0 .. 00

11116/2012 2012-01 A I $250 .. 00 $0.00 $0 .. 00 2 ($0.02)

11116/2012 2012-FI A 3 $575.00 $0 .. 00 $0 .. 00 2 ($440.00)

11116/2012 2012-G1 0 $0 .. 00 $0.00 $0 .. 00 2 $1,870 . .26

11116/2012 2012-G4 0 $0 .. 00 $0.00 $0 .. 00 I $10 .. 00

11116/2012 2012-F2 A 2 $350 .. 00 $0.00 $0 .. 00 2 $24 .. 52

11/16/2012 2012-F3 A I $500.00 $0.00 $0 .. 00 0 $0 .. 00

11116/2012 2012-G2 0 $0 .. 00 $0 .. 00 $0 .. 00 I $10 .. 00

11116/2012 2012-TR 0 $0 .. 00 $0.00 $0 .. 00 0 $0 .. 00

I otals (14 reports) $40,216 .. 00 $300 .. 00 $31,000.00 $ 71 ,009 .. 60

• Contributions as Excel <CSV) • Expenditures as Excel <CSV) • FundTransfers as Excel fCSV) • Distributions as Excel !CSV)

Campaign fint ,ce reporting for Q~mocratic ; . - \

Executive Committee Election Cycle selected: Ongoing

Reports Summary Home

Reports Summary Starting Balances- contributions: $148,94244, expenditures: $172,99

Enter Report Due Submitted Accepted Expend .. Monetary Contrib .. In-Kind Documer Contributions Expenditures 2008-Q1 4/10/2008 $000 $0 00 $0 00 Create Wa

Fund Transfers 2008-F1 7/25/2008 $0 00 $0 00 $0 00 Create Wa Distributions 2008-F2 8/8/2008 $0 00 $0 .. 00 $0 00 Create Wa

View 2008-F3 8/22/2008 $0 00 $0.00 $0.00 Create Wa Contributions Expenditures 2008-G1 9/19/2008 $0 00 $0 00 $0 .. 00 Create Wa

Fund Transfers 2008-G2 10/3/2008 $0 00 $0 00 $0 00 Create Wa Distr'ibutions 2008-G3 10/17/2008 $0 00 $0 00 $0 00 Create Wa

Search 2008-G4 10/31/2008 Contributions

$0 00 $0 00 $0.00 Create Wa

Expenditures 2008-Q4 1/12/2009 $000 $0 00 $0 .. 00 Create Wa

Fund Transfers 2009-Q1 4/10/2009 $0 00 $0 00 $0 00 Create Wa Distributions 2009-Q2 7/10/2009 $0 00 $0 .. 00 $0 00 Create Wa

Help 2009-Q3 10/12/2009 $0 00 $0 00 $0.00 Create Wa User Manual 2009-Q4 1/11/2010 $0 .. 00 $0 00 $0 00 Create Wa Useful Links

2010-Q1 4/12/2010 $0.00 $0 00 $0 00 Create Wa Logout

2010-F1 7/23/2010 $0 00 $0.00 $0 00 Create Wa

2010-F2 8/6/2010 $0 00 $0 00 $0 00 Create Wa

2010-F3 8/20/2010 $0 00 $0.00 $0 00 Create Wa

2010-G1 9/17/2010 $0 00 $0 00 $0 00 Create Wa

2010-G2 10/1/2010 $0 00 $0 00 $0 00 Create Wa

2010-G3 10/15/2010 $0 00 $0 00 $0 00 Create Wa

2010-G4 10/29/2010 $0 00 $0 00 $0 .. 00 Create Wa

2010-Q4 1/10/2011 $0.00 $0 00 $0 00 Create Wa

2011-Q1 4/11/2011 $0.00 $6111 $0 00 @!!'I

2011-Q2 7/11/2011 6/29/2011 6/30/2011 $19,624 .. 90 $13,306 .. 68 $0 00 ~frli! 2011-Q2 A 7/11/2011 $14843 $400.00 $0 00 Wl frl [§ 2011-Q3 10/10/2011 10/6/2011 10/12/2011 $12,823 01 $2,375 00 $0 00 [ill [fl [j

2011-Q3 A 10/10/2011 10/10/2011 10/12/2011 $2,039 . .57 $0.00 $0 00 [ill[Il

2011-Q3A 10/10/2011 10/10/2011 10/12/2011 $3,630.94 $50.00 $0.00 @!EI[j 2011-Q4 1/10/2012 1/10/2012 1/10/2012 $20,658 .. 14 $5,734 .. 00 $000 @fri[j

2012-Q1 4/10/2012 4/10/2012 4/10/2012 $38,306 .. 82 $68,528.97 $0 00 @fri[j 2012-F1 7/13/2012 7/12/2012 7/13/2012 $23,652 43 $8,750 00 $0.00 @IIJ~

2012-F1 A 7/13/2012 $0.00 $500 .. 00 $0 00 [Dl[!j

2012-F2 7/27/2012 7/24/2012 7/27/2012 $3,553..30 $500 00 $0 00 @IIJ[j 2012-F3 8/10/2012 8/9/2012 8/12/2012 $5,472.67 . $500 00 $0 .. 00 [ill!IJ [j 2012-G1 9/21/2012 $0 00 $0 00 $0 .. 00 Create Wa

2012-G2 10/5/2012 $0 00 $0 00 $0 00 Create Wa

2012-G3 10/19/2012 $0 00 $0 00 $0 00 Create Wa

2012-G4 11/2/2012 $000 $0 00 $0.00 Create Wa ---------------------------------------------------------- ---------------------------------------------------

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

FEC 12-271 Donna Malphurs to: goodhumor5 03/05/2013 11:14 AM

From: Donna Malphurs/OAG

To goodhumor5@aol com '~~"''~'~••~••-~-~···~" '"'' "'''''--, ''"''~~--~ ••--~~-~-~~~~~---~'"'"'<'''''-'"

Here is a copy of the envelope bearing the postmark of August 11, 2012

20130305231109787 pdf

Donna Ann Malphurs, Agency Clerk Florida Elections Commission 850-922-4539 X 1 02

··----- --------------j

(

CFinance User

Guide

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ELECTION SOLUTIONS

Last Updated: 2007

~;or: SOFT\~,·~Rt' C0RP0RA1"!0N CflliANCE._USER$_GUIDL· __

------------- -------------~ ---- - ------------------------------------

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Introduction

Welcome to CFinance, the web-based campaign finance reporting software The intent of this user's manual is to help you navigate CFinance so that you can enter your campaign finance activity (contributions, expenditures and fund transfers) quickly and easily in order to fulfill you campaign finance reporting requirements ..

CFinance is a simple yet powerful system that was designed to make the organizing and filing of your transactions much easier. You can access your campaign finance records from any computer with internet access. Once you have input your transactions, CFinance automatically organizes them into the correct filing periods and electronically transmits your completed filing to the Supervisor of Elections CFinance will also alert you when you have not provided all of the required information and will warn you of any potential election law violations, such as contributions in excess of the statutory guidelines.

____________ CEINANCLUSERS.GIJIDE__ ________ ------------------- -------- ---------F~~e-::-t:>I-1-C---

I ' . $ CFinance

CFinance provides you several opportunities to review your report before you submit it The first is on the "Report Summary" screen mentioned above that lists all of your required reports. By selecting the documents listed in the document column, it will display a draft of that document as a PDF file. You can review it on screen, or print it You will notice that it is clearly marked as a draft. Another option is to go into report generation. Selecting the report to be submitted under the "Reports" column will take you to a page that summarizes all of the transactions for that report period. You can review each individual transaction by selecting "View" in the far right hand column, or you can preview the actual report by selecting the "Preview for Submission" option located at the top right corner of the page .. You will notice that icons for the documents to be previewed are now displayed on the screen.

If you are ready to submit your report at this point, you can do so by selecting the "Submit filing" option in the middle of the page.

If you are just logging-in to CFinance to submit your report, then from the welcome screen select the office you are seeking in this election listed under the "Office Sought" column under "My Campaign" in the middle of the screen. Then select "Reports Summary" on the navigation bar. Again, notice that the system has automatically summarized all of your submitted contributions, expenditures and fund transfers within the reporting period in which they fell.

Tci submit your report, select the reporting period which is done by clicking on the appropriate reporting period (listed in blue) .. Your summary data is then generated and shown on the screen for you to review and/or edit

If you are satisfied with your summary data, you can click on the "Preview Submitted Filing" tab at the top right corner of your screen to generate the report .. You can again review the actual documents by selecting the icon under "Document Preview." You can also print the report, but it is still in draft form.

When you click on the "Submit Filing" in the middle of the screen, your report is submitted electronically to the Supervisor of Elections office and is now in final form.

Important: YOU MUST FILE YOUR ORIGINAL REPORT SUMMARY FORM (OS-DE 12), SIGNED BY CANDIDATE AND TREASURER, WITH THE SUPERVISOR OF ELECTIONS OFFICE BY THE REPORTING DEADLINE IN ORDER FOR YOUR REPORT TO BE FILED ON TIME AND TO AVOID ANY LATE FEES.

The instructions on the screen will prompt you to print the Report Summary Form If you want a complete copy of your report for your records, or want to provide a complete copy to our office, then you need only go back one screen and select each icon under "Document Preview" and print it Notice that the DRAFT marking is no longer on the face of the documents ..

-----soE-SOFTWARE-l'ORPORA:TiON----------------------- ----------- EFTNAfi.'E:E-USERS-GUIDf---- ----- -----FMJe-9-of-le------

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Waiver Reports If you did not have any financial activity during the reporting period, you must still file a Treasurer's Report. Waiver Reports are used for this purpose ..

The Waiver Report is automatically prepared for you by clicking on the "Create Waiver" tab in the "Report Period and Filings" screen.. Next you must confirm on the Waiver screen that you have had no transactions for this period and then click on the Create Waiver Report tab.. The Waiver Report is created and it can be viewed by clicking on the Waiver Report icon in the middle of the next screen ..

print this report because you will need to sign the hard copy of Elections office in or via the

If you are satisfied, you can submit it electronically by clicking on the "Submit Waiver" button on the bottom of the screen

Once our office has received your signed Report, we will review/accept it Once accepted, it will automatically appear on our web-site.

______ s:_QE_S_Om~~IT:_2_9RPO_&\TI_O_rt_______________________ _ ________ Cf_lJ'!ArJ~fJ,!_SR_~S_G_U!Q_~ __ __ ____________ _________ _ ________________________ fl:il9.L.t~O_i~ _ _i.L __ _

FLORIDA ELECTIONS COMMISSION 107 W. Gaines Street, Suite 224

Collins Building Tallahassee, Florida 32399-1050

(850) 922-4539

The Honorable Dr Brenda C Snipes Broward County Supervisor of Elections 115 S. Andrews Avenue, Room 102 Ft Lauderdale, FL 33301

November 30,2012

RE: Case No.: FEC 12-271; Campaign Treasurer's Report due August 10,2012

Dear Supervisor Snipes:

The Broward County Democratic Executive Committee has appealed the fine assessed against it for failing to timely file a required report

In order for us to present this appeal to the Florida Elections Commission, it is necessary to ask you to furnish us with copies of the following information, if available:

D The envelope that contained the report or if hand delivered, indicate date ____ _ D Card or letter reminding candidate that report was due D The filing officer's failure to file letter D The filing officer's fine letter D Certified mail receipt or other evidence that the fine letter was received D Additional relevant notes or phone logs D Document establishing the committee D Appointment of Campaign Treasurer and Designation of Campaign Depository form D The filing history

A filing history is a list of reports filed by this committee with a notation of any late filing fines assessed against the committee for failing to timely file reports Please return the requested information to me by December 14, 2012

I appreciate your assistance in obtaining this information Please let me know if you have any questions

______ ,A.<J_tQ1_2_(§i01)

Sincer~ly,

,J jlti.t-Ll . ;/.uhJv I racie Aulet Investigation Specialist

/ /.;;. ......

·VOTE. WITH CONFIDENCE

To:

Thru:

From:

MEMORANDUM

Tracie Aulet, Investigation Specialist Flori Elections Commission

C. Snipes or of Elections

Mary Coo~

( Dr. Brenda C. Snipes

Bmward County Supervisor of Elections Broward Governmental Center

115 S .. Andrews Avenue, Room 102 Fort Lauderdale, FL 33301

954-357-7050 www..browardsoe. org

Public Se~ctor/Candidate Qualifying Officer

Date: December 10, 2012

Subject: Case #: FEC 12·2 '71, Democratic Executive Committee

Pursuant to your request, enclosed please find the following:

1. Envelope that contained the F3 Treasurer's Report 2. The fine letter 3. Filing history from 2009 to 2012

Since this Executive Committee has been in existence for twenty plus years, some of the items you requested are not available.

Please advise if there is any thing else necessary.

·-~(

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Si desea una traducci6n de este documento sirvase llamar al telCfono 954-357-8452 -------------- 954-J57-7050-•-Fax'-954-351-1ft1()_ _____________ ~ __ _

Aug 20 2012 2:40PM No 0919 p 1/2 (

VOTE Dr. Brenda C. Snipes

~ U>~<fi) ;;J .: 3j§lwward County Supervisor of Elections · · ·p: J.L .. /? OJ,... Browatd Governmental Cente1 ~ Ow<- """'lltJ 5 S .. Andrews Avenue, Room 1 02

WITH CONFIDENCE

Fort Lauderdale, FL 33301 954-357-7050

www.b10wardsoe.org

j

To:

Thru:

From:

Date:

SubJect:

MEMORANDUM Mitch Ceasar, Candidate Richard Mead, Treasurer DEC

·.Snipes f Elections

Mary Cooney("\) . Public Servlce~/Candldate Qualifying Officer

August 16, 2012

Delinquent Treasurer's Report

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The signed Report Summary for your Campaign Treasurer's Report (F 3) which was due August 10, 2012 was not postmarked until August II. According to Section 106.07(8)(b), Florida Statutes, a flne of $50 per day for the first three days late and $500 each day thereafter, for the reports immediately preceding each election the flne shall be $500 per day for each late day, not to exceed 2 5% of the total receipts or expenditures, whichever Is greater/ For the period covered by the late report shall be assessed. Therefore, you are fined $590.00 which represents the one ( 1 ) day the Report was delinquent.

The fine shall be paid to the Supervisor of Elections within 20 days of receipt of this notice unless appealed to the Florida Elections Commission, Room 2002, The Capitol, Tallahassee, FL 32 399· 0250. Section 106.7(8)(c), Florida Statutes, provides for appealing or disputing the assessed fine by submitting a notice of appeal In writing to the Florida Elections Commission Within 20 days of the date of receipt of the notice of payment due, stating any unusual circumstances surrounding the failure to file on the designated due date. A failure to flle such notice will constitute a waiver of the right of appeal.

Moreover, the notice of appeal must be accompanied by any and all supporting evidence you wish the Commission to consider in making its determination. Examples of such evidence that the Florida Elections Commission will consider are: 1) an affidavit attesting, In speclflc detail, to a timely mailing; 2) an affidavit or letter from the post office documenting a mailing problem; or 3) an affidavit or statement from an attending physician or a hospital bill, setting forth specific dates, If there is a health-related reason as to why your report was not timely filed.. If you fall to submit documentation or evidence demonstrating the unusual circumstances which prevented you from timely flllng your report within the 20 day period stated above, no documentation or evidence submitted thereafter will be considered by the Florida Elections Commission.

Si desea una traducci6n de cste documento sirvasc llamar a! tclcfono 954-357-8452 __________________ _ _ ___2~4-357-7050 • Fox: 954·357·7070

Aug 20 2012 2:40PM

VOTE WITH CONFlDENCE

Page· 2-

' I

No 0919 P 2/2

Dr. Brenda C. Snipes Broward County Supet vism of Elections

Broward Governmental Center J 15 S Andtews Avenue, Room I 02

Fozt Lauderdale, FL 33301 954-357-7050

www .. browardsoe.otg

You also have the right to a hearing before the Commission. However, if you desire a hearing before the Commission, you must request such hearing In the notice of appeal within the 20 days of receipt of this notice. If no timely request for hearing Is made In your notice of appeal, you will be deemed to have waived your right to a hearing and the Commission's determination shall be based upon the written record.

We urge your prompt attention to this matter.

BCS:MC:mc decfine.doc

Si dcsoa una lrnducci6n do csto documento slrvase Hamar al tel6fono 954-357-8452 954-357-7050 •l'ax: 954-357-·7070

Aug 23 2012 2:06PM No 0928

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Democratic Executive Committee

2012-F3 (07/21/2012 to 08/09/lOlZ)

Date Due: 08110/2012 Date Submitted: 08/09/2012

Report Summary

Contributions Expenditures

Fund Transfers

Num 1

12 0

Amount $500.00

$5,472..67.

$0 .. 00

• Expenditures do not Include 'Petty Cash Spent'

Broward County, FL SupervisT· ,fE!ections

'

Registered Voters as of 11/30/2012

Check my Voter Status

Home

Your Election Office

Voter Information

Register to Vote

Press Room

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. oter Eclucation Outrsach

Poll VVorker Information

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/ Page 1 of2

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Democrat: 597.184 Republican: 260.077

Precinct Finder Vote B; Mail

Democratic Executive C

2012-F3 (07/21/2012 to 08/1

Date Due: 08/1 01: Date Submitted: 08/09/:

Report Summary Num

Contributions 1 Exgenditures 12 $

Fund Transfers 0

• Expenditures do not include 'Pel

Downloads: Entire Regort as PDF

• Contributions as Exce

· ---: _____ j1ttp:~J'/~J:>ro:vardsoe·.•org!eFFilingSummarycaspx-?fi1e::id=4608----------------l-1130t2012---- - - - - -------------------------------------------------------------- ----------------------- --------- -- ---- - -

)3roward County, FL Supervis( 1fElections

Candidate Information

2012 Executive Committee Candidates

2012 Calendar of Reporting Dates

2012 Election & Qualifying Dates

2014 Announced Candidates

Candidates

Past Candidates

Political Committees

Division of Elections

Candidate Finance Lo:::.gi;_n __

Voter and Election Information Ordering and Pricing Structure

Voting Equipment Center: 1501 N W 40th Ave. Lauderhill, FL 33313 Days: Monday to Friday Hours: 8:30 a.m. to 5:00 p. m Phone: (954)357-7050

( Page 2 of2

Expenditures as Exce Fund Transfers as Ex·

Supervisor of Elections Dr, Brenda C .. Snipes Main Office & Mailing Address: 115 S Andrews Ave,, Rm 102

Fort Lauderdale, FL 33301 Days: Monday to Friday

Hours: 8:30 a m to 5:00 p .m

r

FLORIDA ELECTIONS COMMISSION 107 W. Gaines Street, Collins Building

Suite 224 Tallahassee, Florida .32.399-1050

(850) 922-45.39

October 18,2012

Mr Mitchell Ceasar, Chair Broward County Democratic Executive Committee 1888A N University Drive Plantation, FL 33322

RE: Case No.: FEC 12-271; Campaign Treasurer's Report due August 10,2012

Dear ML Ceasar:

The Florida Elections Commission received your letter appealing the fine assessed against you for failing to timely file your campaign treasurer's report I anticipate that the Commission will hear your case at its next available meeting in I allahassee A notice of hearing will be mailed approximately two weeks prior to the hearing

In reaching its decision, the Commission will consider the documents gathered by Commission staff and any documents you submit for the Commission's consideration before its meeting Unless good cause is shown, the Commission will not consider any written document unless it has been filed with the Commission Clerk at least ten days before the meeting.. Rules 2B-1 .005, L0052, and L0055, Florida Administrative Code, ar·e the Commission's rules on the appeal of automatic fines

The Commission will uphold the fine imposed by the filing officer unless you provide credible evidence that the report was timely filed or credible evidence that unusual or other circumstances caused the report to be filed late

If you are a county, municipal, or special district candidate or committee and your report was received by the filing officer without a postmark or with an illegible postmark more than five days after the due date or it was delivered to the filing officer by a mail delivery service other than the United States Postal Service, it will not be found timely filed unless you submit a copy of a proof of mailing or at a hearing before the Commission, presents the oral testimony of the person who timely mailed the report

The p10of of mailing submitted shall reflect that it was obtained from the United States Postal Service or other mail delivery service at the time of mailing and shall reflect that the report was mailed before midnight on the due date.. A metered postage mark does not constitute a postmark or a proof of mailing.

If you cannot show that your report was timely filed, the Commission may still grant you relief;

AutOOI-(8/0&)-----

but only if you show unusual circumstances Unusual circumstances is defined in Rule 2B-1.005(4), Florida Administrative Code, to mean "uncommon, rare, or sudden events over which the actor has no control and which directly result in the failure to act in accordance with the filing requirements." Unusual circumstances must occur within a time period that would clearly have prevented you from filing the report in a timely marmer Unusual circumstances shall not include the failure of the United States Postal Service or other mail delivery service to postmark an envelope, legibly postmark an envelope, or timely deliver mail Further, unusual circumstances shall not include the failure of the sender to affix sufficient postage to a report that is being mailed

Without credible evidence, the Commission will not find unusual circumstances The following circumstances may constitute unusual circumstances so long as credible evidence is presented that unusual circumstances caused the report to be filed late

L Natural disaster or other emergency that prevented timely filing. Evidence submitted must include copies of newspaper reports or other documents from an independent and reliable source that shows the nature, date, and location ofthe natural disaster or emergency.

2. Death of the candidate or campaign treasurer or an immediate family member of the candidate or campaign treasurer. Evidence submitted must include a copy of the death certificate, newspaper obituary, or funeral program, or notice.

3. Serious illness, disability or non-elective surgery of the candidate or campaign treasurer Evidence submitted must include a physician's certification on professional letterhead stationery that includes the dates of the illness, disability, or surgery; a statement regarding the period of time that the patient was incapacitated; and a statement that surgery, if any, was not elective.. Copies of hospital records reflecting the dates of hospitalization may also show the period of incapacitation

4. Serious illness, disability, or non-elective surgery of the immediate family member of the candidate or campaign treasurer. Evidence submitted must include evidence of the relationship of the candidate or treasurer to the family member, the location of the family member, and the reason the presence of the candidate or campaign treasurer was required. Evidence submitted must also include a physician's certification on professional letterhead stationary that includes the dates of the illness, disability or surgery; a statement regarding the period of time that the patient was incapacitated; a statement that surgery, if any, was not elective; and a statement that the patient required the care of a family member.

5.. Computer or equipment failure caused by events that could not have been anticipated and that made timely filing of the report impossible .. Power outages or program failure does not constitute unusual circumstanc~s unless it is established that reasonable precautions to assure the safety of the equipment or the ability of the program to perform as anticipated were taken before the events causing failure of the equipment or program Evidence must include a written statement made under oath in the presence

- ---Aut00!-(6/07}------------

of a notary or other person authorized to administer oaths indicating the cause and the duration of the power outage and the reasonable precautions taken to assure the safety of the equipment or the ability of the program to perform as anticipated ..

6 The abrupt and unexpected loss of the campaign treasurer, over which you had no control. The Joss of the campaign treasurer does not constitute unusual circumstances if the appealing party failed to monitor the campaign treasurer's performance before his or her departure or if the appealing party failed to assure prompt preparation of the report after the treasurer's departure Evidence must include a Wiitten statement made under oath in the presence of a notary or other person authorized to administer oaths explaining the departure of your treasurer and the steps taken to monitor the treasurer's performance before his or her departure

You may, of course, send any additional evidence that you believe supports your position that your report was timely filed or that unusual circumstances cause your report to be filed late Rule 2B-1.005(3), Florida Administrative Code, provides that if you send additional documentary evidence, the Commission must receive it no later than 20 days from the date of this Jetter Remember that the Commission will not consider any written document unless it has been filed with the Commission Clerk at least ten days before the meeting, unless good cause is shown If the documentary evidence is timely received, it will be presented to the Commission when it considers your appeal ofthe assessed fine.

It is your responsibility to provide the Commission with credible evidence that the report was timely filed or credible evidence that unusual circumstances caused the report to be filed late. If you do not provide the evidence requested in this letter or in the Commission rules, the Commission will uphold the fine assessed by the filing officer.

Please Jet me know if I may be of further assistance

___ ___AutOO_L(6101), ___ ·-·---·------

Sincerely,

\..J jltte.'-. ..e: /)u.l~f. {)&'U Donna Ann Malphurs Agency Clerk