STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

FIL.ED 02MAY 20 PM 3: t.I

STATE Of FLORIDA El.ECTIOi~S COMMISSION

In Re: Alfred Zucaro, Jr Case No : FEC 02-086 F .. O No .. : DOSFEC 02-097W

CONSENT ORDER

The Respondent, Alfred Zucaro, Jr, candidate for Palm Beach County Commission,

DistJict 2, and the Florida Elections Commission (Commission) agree that this Consent Order

resolves all the issues between the parties. The parties jointly stipulate to the following facts,

conclusions oflaw, and order.

FINDINGS OF FACT

l .. The Respondent is Alfred Z1lcaro, Jr..

2. On April 16, 2002, the Commission received a sworn complaint alleging that the

Respondent violated the following section of the Florida Election Code:

Section 106 143(5), Florida Statutes, failure of a candidate who is not the incumbent to use the word "for" in his political advertisement between his name and the office for which he is running ..

See Attachment 1

3.. No other violation of Chapter 106, Florida Statutes, was alleged in the complaint

4.. The Respondent against whom the complaint was filed has not been notified of

an allegation of the same violation before the conduct about which the complaint was filed

5 The alleged violations occurred more than 14 days before the election in which

the Respondent is participating, if the complainant alleged that the political advertisement was

either deceptive or influenced the outcome of the election

6 The Respondent used his name in the political advertisement

Com023 (2/02)

CONCLUSIONS OF LAW

7 .. The Commission has jurisdiction over the patties to and subject matter of this

cause, pursuant to Section 106.26, Flo1ida Statutes

8 Based on the facts contained in this Consent Order, the Commission considers the

allegation(s) contained in the complaint a minor violation, pursuant to Rule 2B-L003, Florida

Administrative Code

9 The Respondent neither admits nor denies that he violated Section(s) 106.143(5),

Floiida Statutes ..

ORDER

10. The Respondent and the staff of the Commission have entered into this Consent

Order voluntatily and upon advice of counsel.

11 The Respondent shall beat his own attorney fees and costs that ate in anyway

associated with this case ..

12 The Respondent understands that before the Consent Order is final agency

action the Commission at a public meeting must approve it After approval, the Consent Order is

final agency action of the Commission on the violations listed in the Consent Order

13 The Respondent voluntarily waives the right to any further proceedings under

Chapters 106 and 120, F101ida Statutes, and the light to appeal the Consent Order

14.. The Respondent will catefully review Chapter 106, Floiida Statutes, and avoid

any future violation of the chapter ..

15. The Respondent agrees to immediately correct its political adve1tisements and

include the word "for" in all future political adve1tisements

16 The Respondent shall remit to the Commission a fine in the ainount of $200 .

The fine shall be paid to the Flo1ida Elections Commission, 107 W. Gaines Street, Collins

Com023 (2102) 2

Building, Room 224, Tallahassee, Florida, 32399-1050, as a condition precedent to the

Commission's execution of this Consent Order.

The Respondent hereby agrees and consents to the terms of this Consent Order on

d;fi.t I 2 G , 2002 ..

Alfie

The Commission staff hereby agree and consent to the terms of this Consent Order on

--~~=..!a..::°.£'-"-/_,2__,_'[ ___ , 2002 ..

~4'~ fuara~tfut'um Executive Director Florida Elections Commission 107 W Gaines Street Collins Building, Suite 224 Tallahassee, FL 32399-1050

Approved by the Florida Elections Commission at its regularly scheduled meeting held

on May 9 and 10, 2002 in Miami, Florida and filed with the Clerk of the Commission on

~, dV , 2002, in Tallahassee, Florida

Com-023 (2102)

Sus~anus, Chairman Florida Elections Commission 107 W. Gaines Street Collins Building, Suite 224 Tallahassee, FL 32399-1050

3

Copies furnished to: ,, ... I Baibara M. Linthicum, Executive Director

Alfred Zucao, Jr., Respondent

Attachment 1: Complaint with attachments

Com023 (2/02) 4

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ALFReo ZUCARO REVOCABLE TRUST

3215 EMBASSY DRIVE WEST PALM BEACH FL 33401

@ Mellon United National Bank We$I Palm Beach F101lda

FOR C"><s;,,..,.. f CJ~,,_ CHef ' f;EC. o 2.- - os-~

5402

DATE_Lf.'-1/'-z_,-l/.'-o_-z. __ _ I I

63-964/670

DOLLARS (fl~.;,'::'

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CONFIDENTIAL COMPLAINT STATE OF FLORIDA

FLORIDA El.ECTIONS COMMISSION 02 APR ! 6 PM 3: 35 Suite 2002. The Capitol, Tallahassee, Florida 32399-1050

Telephone Number (850) 922-4539 ; : -'~'..'ii!DA - '. r- ·: .. . ~ < (.!'· 1:~.i!SSiON

NOTICE The Commission's jurisdiction is fimited to violations of Chapter l 04 or Chapter 106 Florido Statutes

PERSON BRINGING COMPLAINT

Name: Patricia M. High Address: 241 Walton Blvd City: West Palm Beach

Home Phone: 561 .. 655 7797 Cell Phone: 561 3080221 County: Palm Beach

State: Florida Zip Code: 33405

PERSON AGAINST WHOM COMPLAINT IS BROUGH\: (llmlt one person per form)

Name: Alfred Zucaro, .Jr Home Phone: 561.712.4677 Work Phone: 561.478 .. 1212 Name of Committee/Corporation: Home Address: 3215 Embassy Dr County: Palm Beach City: West Palm Beach State: Florida Zip Code: 33401

Title of office or position sought: Palm Beach County Commission. District 2 Have you filed this same complaint with the State Attorney's Office? No

ALLEGED VIOLATIO!':l_:

If you believe a provision of Chapter l 04 or Chapter 106. Florida Statutes, has been violated, please state the specific section(s) or subsections(s) believed to be violated by the person named in the complaint:

l. 106.143 (5) Political advertisements circulated prior to elecllon; requirements.

NOTICE A person filing a complaint alleging a violation of Section 104.271(2), Florida Statutes, must provide documentation showing that the statement was made by a candidate opposing the complainant In the same election, the statement made by the opposlng candidate was false, and the opposing candidate knew it was false.

STATEMENT OF FACTS:

L 106.143 (5) Political advertisements circulated prior to election; requirements ..

Florida Statute 106.143 [5) states "No political advertisement of a candidate who is not an incumbent of the office for which the candidate is running shall use the word "re­elect." Additionally, such advertisement must include the word "for" between the candidate's name and the office for which the candidate is running. in order that incumbency is not implied."

Alfred Zucaro. Jr is currently distributing several pieces of campaign literature which do not have the word "for" between the candidate's name and the office for which he is running (see attached) The first piece is a platform/qualifications brochure which Mr

Zucaro distributes at political functions. The second piece is a direct mail piece sent to registered voters in the district.

Alfred Zucaro, Jr is a frequent candidate for public office He is currently serving his fourth term as a West Palm Beach City Commissioner .. Recently, Mr .. Zucaro was a candidate for the Florida State Senate and is currently a candidate for the Palm Beach County Commission, District 2

Alfred Zucaro, Jr is familiar with the aforementioned statute Attached, please find a campaign brochure from Mr Zucaro's recent State Senate race (2002) The word "for" is between the candidate's name and the office for which he was seeking.

Further, the "Handbook for Candidates" provided to each candidate for public office by the Supervisor of Elections emphasizes the aforementioned Statute, visuals included (see attached)

Mr. Zucaro's former political consultants, Patriot Games, Inc, (Francine Nelson and Richard Giorgio) ccin attest to his knowledge of the statute Patriot Games, Inc .. can be reached at 56165 Ll 499 ..

Additional materials attached? Yes

NOTICE This complain! will be treated as confidential by the Florida Elections Commission,

copy of.this completed complaint will ~/!4:l 'j/}( wf._ During the Investigation; however, a /", .. ~ "

be provided to the person against . . whom the complaint has been brought.. Signature of Compla1nani Any person who files a complaint while knowing that the allegations are false or without merit commits a misdemeanor of the first degree, punishable as provided In Sections 775.082 and 775.083, Florida Statutes

FECOOl

STATE OF Fl.ORIDA COUNTY OF Palm Beach

I swear or affirm, that the above information is true and correct to the best of my knowledge.,

Sworn to and subscribed before me this X iiJ . day of

,LJ,120/ '2002

(Print, type or stamp commissioned name of Notary Public)

Personally known or produced iden ti fica ti on _,,.fl.,,..,J>.'-'~""-----

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Other· Requir'ements for- Political Adver·tisements (section 106143. FS)

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Party Affiliation

A candidate mnning for a partisan office in any election must state on his or her political advertisements the name of the political party of which the candidate is seeking nomination or is the nominee If the candidate for partisan office is running as a ·candidate with no party affiliation, any political advertisement of the candidate must state. that the candidate has no party affiliation.

Examples:

L "Rep "or "R" may be used instead of Republican Party Even the initials "GOP" clearly convey the fact that a candidate is a Republican.

2 "Dem. "or "D" may be used instead of Democratic Party.

3. Graphic symbols of political parties do not satisfy the statute (Division of Elections Opinion DE 78-43) ..

4. For minor political parties, the name of the minor political party or the abbreviation may be used ..

5.. "No party affiliation" or "NPA" may be used when the candidate is running as a no party affiliation candidate for a partisan office

Exception:

• Novelty items having a retail value of$10 or less which support, but do not oppose, a candidate

Use of the Word "Re-elect"

A candidate who is running for an office that he or she does not presently hold !!l~ not use the word "re-elect" in his or her political advertisements

Exceptions:

• Novelty items having a retail value of $10 or less which support, but do not oppose, a candidate

• Items designed to be worn by a person.

• Bumper stickers ..

Use of Word "For"'

A candidate who is running for an office that he or she does not presently hold must use the word "for" in his or her political advertisements between the candidate's name and the name of the office for which the candidate is running.

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makes an independent expenditure for a political advertisement shall provide a written statement that no candidate has approved the advertisement to the newspaper, radio station, television station, or other medium for each such advertisement submitted for publication, display, broadcast. or other distribution The advertisement must also contain a statement that no candidate has approved this advertisement

Exceptions:

• Novelty items having a retail value of$ I 0 or less which support, but do not oppose, a candidate

• Items designed to be worn by a person

Examples: -

• Partisan office with non-·incumbent candidate running with no party affiliation:

ELECT MIKE SHARKEY FOR SHE.RIFF

Pd Pol. Adv. By 1v!ike Shorkey Campaign, Approved by Mike Sharkey

(No Party Affiliation)

• Non-incumbentjudicial candidate:

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'----. , THOMAS W~~(';'TON \, \, . . .· .... . ...... : ... : : ... :: .-:-: .. :::::.: :: :>: .· .. _:::: ...

\FOR COUNTY PO,U~T ~Ul)~E

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PALM BEACH COUNTY COMMISSION

Al Zucaro is committed tu

Caring Leadership for 011r Community

<•litii!11'l•l§! 13:;. Protect and enhan\'.e out Palm Beach County quality of lifo

'"';i•a;f;'§' •Y,:, a ~§\'J 1 ><•'§"', ~§• • Provide for our future'' ater needs through conser\ <\tion, rcclan1ation and storage, and the developtnc·nt of affordable alternate sources ..

Preser·,·c our· en\ iton1ni.:·ntally sensith.e \\etlands and n~noutish our be<h.:·hc·s so that futute geneI'ations can enjoy our beautiful gtcCn\vays, pa!'ks and beaches

«s«•klft 1:11 Manage grO\\ th through rc·sponsible choices that prcsc·r\t! our con11nunities \\hile ensuring that r·oads, fire t'escut.• and polh:e, and basic municipal services arc in place to n1eet the ne\\ den1and

Support open and public discussion of gro\\th managetncnt issues anJ invite community particip<.ltion and in ... ol\'en1ent in C['itical decisions

Reinforce sc·hool concurrency - a p::irtnership that al!O\\ s ne\\ schools to be built in <lreas of high grO\\th to a\'oid school O\CrcrO\\ding

C!fi••ii~oliJ§tt'i;i3iiQ!(o)§~ii114D Promote closer \\Orking partnership ,.,.ith municipalities in <tddressing their C\Ol\ing needs

Maximi:e our ser"kc·s though cost efficiencies

and elin1ination of dupli...:ate sc·r.,.iccs

( ~·~tl1§•i•'• Appreciate and enhance the richness of our count; 's di\'erse con11nunities ..

4(1):j'1J§1•h!;1 Fj €!(el§Cel$ •10 Attract an~l retain business in\.estment and high qualit) jL)bS ..

Encouragt.: public.-pd,ate partnershiPs ~hat support our econt11n\ Increase opportunities for block grants and enterpri~t: :ones to create ne\'. \\ell.-payingjobs,,

Ensuri.: th.it the county gets back its fair share of tax doll:.\ rs f r~)n1 Tallahassee and \Vashington.

Suprt)r t a n.:·sponsible \vages and benefits package for \\Orkt:·r:-:

t9,'fi·#tnftm®W Develop strategies to address our community's gro'" ing health care concet'ns

Seek incn:·ascd state and federal funding to meet the ;pcciali:ed needs of child care and the eldcr\1

<i1>i'J§f§geJ;~ Yf'!C•l§a Support ::ind enhance our public tI'ansportation S\ stem an,l fight for a full) -funded pt'ogrnm for our di ..... abk·d citi:cns, the elderl~, and others v.ho n1ust ri.:h on public transpot'tation.,

@I I :l ;f;\ ;i I ¢1~i§1tl!iiJ'1i1;t#J Increast:· funding for our librar) systems to 1ncc·t tho:;· needs of our gro\ving comrnunit).

Continu~ our educational partnership with the School B1.l<lrd to pron1ote and enhance our comrnitnh.nt to the arts and man; cultural organi:a\i1.)ns

Qualified Leadership for our Community ,, I

Political & Community Civic Involvement

\Vest Palm Beach City Commissioner, 1995-present, President 2000

\Vorld Trade Center Palm Beach, President and Chairman

Economic Council of the Palm Beaches, Member

P<ilm Beach Count) Culnual Council, Ex··officio Member

Palm Beach County Film & Tde' is ion Commission, Board Member

Palm Beach County Urban League, Board Member

Florida League of Cities, \Vest Palm Beach Rerresentati\ e

Community Redevelorment Agency (CRA) Board Member

Palms West Chamber of Commerce, Member

Palm Beach County Convention and Visitor's Bureau, Ex-Officio tv!ember, 1999-2000

Palm Beach County Tourist Development Council, Board Member, 1999-2000

Hisranic Cultural Arts, Board Member, 1998

Kiwanis Club, Member 1997-1999

Friends of Abused Children, Board Member, 1996-1999

Guardian Ad-Litem Attorney, 1993-1995 • l cation

Law Degree (JD), Nova Southeastern University, 1986

Bachelor of Arts Degree (BA), Economics, Fordham University, 1983

Personal

Palm Beach County resident for 20 years

Native of Bronx, New York

Married to Maria Bello Zucaro

T\vo ster·children, Jessica (17) and Cristina (11)

Honors and Awards American Jewish Committee, Institute of Human Relations Civic Achie,ement Award, 2000

Who's \Vho in South Florida in International Business, 2000

American Jewish Congress, Distinguished Civic Achievement Award, 1998

Palm Beach County Legal Aid Society, Pro·Bono Award for Immigration Law, 1995 and 1998

For more information or to make a contribution

(561) 478-1212 campaign/office

't- •.. _dse make checks payable to:

(561) 712-4677 home

Al Zucaro Campaign

PO Box 220862

\Vest Palm Beach, FL 33422-0862

a:L1caro®' isabank wm (e-mail)

\\ \\.'\\ .zucaro2002 con1 ( 1,1, ebsite)

As )OUr State Senator \l "ill \lork to:

reduce the number of students per classroom and provide more training and better incentives for teachers Al wants to make Florida s education system one of the best in the country

bring dollars home for economic development redevelopment in our urban areas Al knows t;ie importance of helping small businesses to gro,, and encouraging new businesses to move to our community

ensure doctors not administrators determine your medical treatment and holding HMO s accountable for providing medically necessary services

increase funding for early learning and child development Al knows that providing young children with early learning opportunities. prior to age 5 gives children a significant head start and sets them on the path to a successful future

lower costs for water electricity and other utilities Al knows it is possible to provide se:vices that are less, expensive, more environmentally friendly and renewable

Due to term limits, the District 35 seat is an open seat It is imperative we elect someone who knows the District and the issues we face to ensure our continued representation in Tallahassee

Al Zucaro s years of experience as a I/est Palm Beach City Commissioner, President of the v/orld Trade Center Palm Beach and active community leader make him the best qualified candidate for the job

Dislrilt 35 11eeds n Senato1 w/Jo rn11

bit t/Je ground r111111ing day one Al Z11caro is tbat candidate

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Political & Communit) Civic ln\ohemeqt • West Palm Beach City Commissioner, 1995-present,

President. 2000 • World Trade Center Palm Beach, President, Chairman • Economic Council of the Palm Beaches. Member • Palm Beach County Film & Television Commission,

Board Member • Palm Beach County Cultural Council Ex-officio Member • Palm Beach County Urban League, Board Member • Floi'ida League of Cities West Palm Beach Representative • West Palm Beach Community Redevelopment Agency

(CRA) Board Member • Chamber of Commerce of the Palm Beaches Member • Palms West Chamber of Commerce, Member • Palm Beach County Tourist Development Council,

Board Member, 1999-2000 • Palm Beach County Convention and Visitors Bureau,

Ex-officio Member, 1999·2000 • Hispanic Cultural Arts, Board Member, 1998 • Kiwanis Club Member 1997-1999 • Friends of Abused Children, Board Member, 1996·1999 • Traffic Magistrate, PB County Traffic Court, 1995-1996 • Guardian Ad·Litem, Attorney (pro-bona) 1993-1995

Education • Bachelor of Arts Degree (BA), Economics, Fordham

University, 1983

• Law Degree (JD) Nova University, 1986

Personal • 52 years old • Native of Bronx, New York • West Palm Beach resident for 19 years • Married to Maria Bello Zucaro • Two step-children, Jessica (17) and Cristina (11)

Honors and Al\ards • American Jewish Committee, Institute of Human Relations

Civic Achievement Award, 2000 • Who s Who in South Florida in International Business, 2000 • American Jewish Congress, Distinguished Civic Achievement

Award 1998 • Palm Beach County Legal Aid Society, Pro-bona Award for

Immigration Law, Jeffrey A Devore, P.A , 1998 Individual, 1995

for more information or to make a contribution Ple;ise make check:; pa)able to: "Campaign of Al Zucaro"

56t 712 4677 (home) 56I 4i8 1212 (11ork) 561478 2144 (fax)

3215 fmbaSS) Drile Wes! Palm Beach, Fl 33401

azucaro@,isabank corn (e-mail) \\!\\.\\ electzucaro2002 com

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\ Dear Neighbor.

For the past seven years. I have served the residents ol West Palm Beach as a Citv Comm1ss1oner. Together, we have made West Palm Beach a true community trom our revitalized downtown to the many neighborhoods where we live. raise our tamilies. and en1oy the unique splendor ot our South Florida lifestyle.

I am greatly honored by the encouragements I have received trom

iriends and neighbors to run for the Palm Beach County Commission, District 2 seat which Comm1ss1oner Carol Roberts currently holds. She has been my political mentor and friend, and I wish her well as she seeks higher office. i would consider it a great pnvilege to build on her legacy and be your voice on the

County Comm1ss1on.

As Countv Comm1ss1oner, i will plan ahead 10 meet the needs of our changing and growing community. The population of Palm Beach County is nearly 1.2 million people. One out of everv tour persons is over the age of 65. and will have greater needs tor transportation, senior services and medical services. Yet, a tastes\ growing segment ot our community is tamilies with children, who want sate neighborhoods, recreational amenities, and new schools built 1n high growth areas to avoid overcrowding. We also need strategies that address our community's growing health care concerns. Community hospitals serve a vital role to those who can not afford health care. Palm Beach County must get more state and federal funding to meet these specialized needs.

As I have done betore, \ look 1orward to walking the neighborhood, and talking with you about issues of interest and concern. As your County Comm1ss1oner, I promise to do everything in my power to help. Canng leadership tor our communitv 1s the cornerstone ot

my public service.

\invite you to 1oin our campaign.

Al Zucaro

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PALM BEACH COUNTY COMMISSION D1$I~•-~"!"-.. ~ _.

Al Zucaro Cares for Our Community

! will be walking door to door, meeting and talking with everyone about ideas and vision, as well as your interests and concerns. Caring leadership and putting people first 1s my #1 priority. Let's talk about how we can deal with these issues:

• Managing growth •Health care, child care and the needs of the elderly • Public transportation, road and bridge improvements •Water and the environment • Attracting and retaining business investment and high quality jobs • Improving our public library system to meet growing demand •and other issues which are of particular concern to you!

To express your ideas and suggestions, please call me at (561) 478-1212 or send an e-mail to zucaro@visabank.com or visit our website at www.zucaro2002.com

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Al Zucaro Campaign PO Box 220862 West Palm Beach, FL 33422-0862

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