STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

In Re: Ileana Petisco Case No.: FEC 12-378 FEC 12-379 FEC 12-380 --------------------------'

NOTICE OF HEARING ON APPEAL OF AUTOMATIC FINE

TO: Ileana Petisco 14590 SW l791h Avenue Miami, Florida 33196

MiaiDi-Dade County Supervisor of Elections·. 2700 NW 871hAvenue ··· · ·· · · Miami, Florida 33172

PLEASE TAKE NOTICE that on May 14, 201.3, at 8:30 \l.m. or thereafter as the pmties can . be hemd, the .Floiida Elections. Commission will. consider the Respondent's appeal of the. automatic fine imposed by the filing officer The Commissionwillmeet.at: :Senate Office Building, 4Q4 South MonroeStreet, Room S-401, Tal.Iahassee, Florida 323.99-6526., · . ' ' - '' ' '

Although you did not request a heming, this n:otice is to inform you that yom case wilL be discussed at the meeting taking place on the above .date .. and place .. All documents you want the Commission to. consider must be · s1.1bmitted at least 1 0 days prior to the heming ..

If you require an accommodation due to a disability, contact Donna Malphurs at (850) 922-4539or by mail at 107 West Gaines Street, I he Collins Building, Suite 224, I allahassee, Florida 32399, at least 5 days before the hearing

PLEASE GOVERN YOURSELF ACCORDINGLY.

Dated on Aprill6, 2013..

Hea038 (2109)

Amy McKeever Toman Executive Director

INSTRUCTIONS FOR HEARING ON APPEAL OF· AUTOMATIC FINE ~· ' . . ..

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 pursuant to 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 2B-1 005, 1 0052, & 1 0055, Florida Administrative Code

The Commission will electronically re.cord 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.

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, if one 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, staff will have the same amount of time to present its case. If the staff attorney calls witnesses, Respondent may cross-examine those witnesses after staff's 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 (2109)

\ I

\ )

FLORIDA ELECTIONS COMMISSION CASE REPORT

Case Number: FEC-12-379

NAME: ILEANA PETISCO

DATE APPEAL RECEIVED: 10/29/12

DATE HEARING REQUEST RECEIVED: N/A

DATE REPORT DUE: 7/27112 (2012 F2)

DATEOFELECTRONICRECEIPT: 7/27112

DATE FILING OFFICER RECEIVED REPORT: 7/27/121

NUMBEROFDAYSLATE: 1

AMOUNT OF FINE: $50.00

CANDIDATE [X) PC [) CCE [) POLITICALPARTY f 1

STATE [ ) DISTRICT [ ) COUNTY [X) CITY f 1

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

TOTAL RECEIPTS FOR REPORTING PERIOD: $1,450.00

TOTAL EXPENDITURES FOR REPORTING PERIOD: $2,035.20

DATE OF FIRST NOTIFICATION: 8115112

SUMMARY: Ileana Petisco was a candidate for Community Council 11/116 in the 2012 elections. She lost her bid for election. Jose Petisco was her treasurer.

Ms. Petisco is appealing the fine claiming that she was overwhelmed by the amount of work, time, money, and effort it took to run an election campaign. According to Ms. Petisco, she was a first-time candidate. Ms. Petisco states that her 2012 F2 Report was "submitted on time, but had to be amended and the amendment was submitted on 7/28/12 at 00:16"2

• Ms. Petisco states that this is only "minutes past the midnight deadline". Ms. Petisco states that she received her notification of fine letter late due to her being out of the country.

On 5/29/12, Ms. Petisco signed an acknowledgement letter confirming that she understood that it was her responsibility to read, understand and follow the requirements described in the Candidate Handbook, which also included the Calendar of Reporting Dates. On 6/18/12, the Miami-Dade County SOE sent a welcome letter infonning the candidate of the Calendar of Reporting Dates. This letter also specifically informed Ms. Petisco of when her 2012 F2 Report would be due.

• The 2012 F2 Report covers the time period from 7/7/12 through 7/20112. • Ms. Petisco reported receiving II contributions, while making 5 expenditures. • Ms. Petisco reported receiving her last contribution on 7/19/12, while reporting her last expenditure as being made on

7/18/12. • The Miami-Dade County SOE does not keep records to complete queued-transactions reports for their respective

candidates.

PRIOR CASES: Ms. Petisco has two other cases (FEC 12-378 and 12-380) scheduled before the Commission during the May 2013 meeting. CORRECTION OF FINE: The time/date stamp for her 2012 F2 Report reflects that Ms. Petisco timely filed this report. The time/date stamp reflects that this report was submitted on 7/27112 at approximately 23:59, which should result in no fine.

1 In a 3/8/13 telephone interview with Miami-Dade SOE, I was advised that records reflect that this report was timely filed. 2 This time is understood to be 12:16 am

FECACTION: TIMELY FILED: YES

WAIVER: PARTIAL

UCREASON:

Aut047 (11108)

FrnEDUE: $----------------~-- DATE:-----------------------

NO UNUSUALCIRCUMSTANCES: YES No

FULL FrnEINCORRECTLYCALCULATED: YES No ___ _

INITIALS:

FLORIDA ELECTIONS COMMISSION PHONE LOG

Case No .. : FEC 12-.379

Respondent: Ileana Petisco

Complainant: Miami-Dade SOE

1. Date and time: January 24, 2013 @ 11:02 am Name: Vanessa Innocent-Miami-Dade SOE Phone#: (305) 499-8342 Summary: I had telephone contact to determine the best method to send F 0 affidavit I was instructed to email the FO affidavit to: INNOCEN(iilmiamidade.gov. Memo to File? No Entered by: CKO

2 Date and time: March 8, 2013@ 10:20 am Name: Vanessa Innocent-Miami-Dade SOE Phone#: (305) 499-8342 Summary: I attempted telephone contact to inquire why Respondent was fined for this report since it appears that it was filed timely I left a message to return my calL Memo to File? No Entered by: CKO

3. Date and time: March 8, 2013@ 10:35 am Name: Vanessa Innocent-Miami-Dade SOE Phone #: (305) 499-8342 Summary: I had telephone contact in regards to my message left on her behalf Ms hmocent states that she doesn't know why this report is considered late because the time/date stamp reflects that she got it filed with barely seconds to spare I inquired if Respondent's amended 2012 F2 Report would have affected this and caused it to be accidentally reported as untimely filed Ms .. hmocent states that the amendment doesn't have anything to do with the original's timely filing I told her that I would make a note of this in the file Memo to File? No Entered by: CKO

InvOO I (I 0/07) ------- ---------- - ---------------- - -------------------

10/26/12

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

Re: Fines for Late Campaign Treasurer's Reports (1/pp-e-•J/) ··

Dear Sirs/Madams,

LOC(-)/

" ,, '0: I• I 7n 1 Z "i' f ? ·1 -"'· ' '+ '-... u. Uv' ·-

Fifteen days ago three fines were brought to my attention for late campaign report filings during the past primruy election period, in which I rm for the community council seat in my area. Two ofmy campaign reports were filed literally just a few minutes past the midnight deadline md the last one was filed 2 days late .. As a result of these late filings I have been fined a total of$525 .. 00. Although, I am aware of the fact that I am technically in non-complimce with the campaign reports filing rules of the Department of Elections, I am writing in hopes that your commission will waive these fmes .. The first campaign report due on 7/13/12, was submitted on 7/14/12 at 00:05; the second report due on 7/27/12 was submitted on time, but had to be amended md the amendment was submitted on 7/28/12 at 00:16; lastly, the report immediately preceding the election was submitted two days late during the very hectic early voting period md the only expenditme I had was a $1,700 expense paid to myself for reimbursement of printing services previously paid .. As you know, the community council seat is a completely vohmtruy position, which only people that are truly interested in serving their community run for.. Additionally, this was my very first time mnning for public office md I was completely overwhelmed by the amount of work, time, money md effmt it took to run a campaign, which I ultimately still lost. I would ask that you take all these matters into consideration md please grmt me waivers for these fines, so that I don't have to incur yet additional expenses for attempting to work selflessly fm my community .. I have enclosed copies of the fines notification (which I just received recently, since I was out of the country), the tlu·ee fines md campaign reports for your consideration. ThaJik you very much in advmce.

Sincerely, . I\ema Petis;fo

j 'b- .. ' ...... "~ ;-.-· ~-....... ~ ..... ( ·~

August 15, 2012

Ms. Ileana Petisco 14590 SW 179 Ave Miami, FL 33196

Dear Ms. Petisco,

NOTICE OF LATE FILING- FINE DUE- $50.00

F2-12 Campaign Treasurer's Report Due Date: 7/27/2012

Period Covered: 717/2012 ·-7/20/2012

Elections 2700 NW 87th Avenue Miami, Florida 33172

T 305-499..VOTE F 305-499-8547 TIY: 305-499-8480

miamidade. gov

The F2··12 Campaign Treasurer's Report filed with our office was submitted on 7/27/2012. Since this report was not filed by the appropriate filing date, a fine is being asses.sed for each late day pursuant to Florida Statute 1 06 07 (8)(b)

As such, fines are calculated at a rate of $50 00 per day for the first 3 days and thereafter, $500 00 per day for each late day These fines are not to exceed 25% of the total receipts or expenditures, whichever Is greater, for the period covered by the !.ate report Therefore, since the report was 1 day late, the fine is $50 00, which is 1 day at $50 00 per day. Said fine must be received by our office at 2700 NW 87th Avenue, Miami, FL 33172 within twenty (20) days of your receipt of this notice The check should be made payable to the Board of County Commissioners paid only from candidate's personal funds.

Florida Statute 106. 07(8)(b) goes on to say that the fine may be appealed or disputed based upon unusual circumstances surrounding the failure to file by the designated due date A hearing before the Florida Elections Commission may be requested, which shall have the authority to waive the fine in part or whole Any such request must be submitted in writing and must be received by the Florida Elections Commission within 20 days of your receipt of this notice.. To request an appeal, please write to the Florida Elections Commission, 107 West Gaines Street, Collins Building, Suite 224, Tallahassee, FL 32399-·1 050. Our office must also be notified of the intent to bring this matter before the Commission ..

I urge you to promptly resolve this matter If not, In accordance with Florida Statute 106 07(8)(d), we will be required to notify the Florida Elections Commission of this late filing and failure to pay the imposed fine

If you have any questions regarding this matter, please contact the Candidate Services Unit at 305-499·841 0

~---G Christina White Deputy Supervisor of Elections Miami-Dade Elections Department

Certified No: 7008 1830 0003 9579 3229

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

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70081830 0003 9579 3229

MS. ILEANA PETISCO 14590 SW 179 AVE MIAMI, FL 33196

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EMAIL INFORMATION 1160 Ileana Petisco

Subject: Ballot Position Numbers for August 14, 2012 Primary Election

emaildate: 6/21/2012 emailto: Candidate e-mail: ilepetisco@aol com

F1-12 Subject: Reminder for F1-12 Report Due 7-13-12

emaildate: 7/11/2012 emailto: Candidate e-mail: ilepetisco@aoLcom

F3-12 Subject: Reminder for F3-12 Report Due 8-10-12

emaildate: 8/6/2012 emailto: Candidate e-mail: ilepetisco@aol com

Subject: Copy of the Fine Letters for Fl-12, F2-12, and F3-12

emaildate: 10/11/2012 emailto: Candidate e-mail: ilepetisco@aol com

The Certified Letter was returned as Unclaimed- the letters were remailed regular mail and the email was sent

FLORIDA. DEPARTMENT OF STATE DlVISION OF ELECTIONS

CAMPAIGN TREASURER'S REPORT SUMMARY

(1) Ileana Petisco OFFICE USE ONLY

Name ONL SUBMIS ION (2) 14590 SW 179 Avenue [1041307]

Address{number and street) Submitted on: Mjami EII 33396 7/27/2012 23:59:08 (east.ern) City, State, Zip Code.

0 CHECK IF ADDRESS HAS CHANGED (3) ID. Number: 1160

(4) Check appropriate box(es): [3] Candidate (office sought): Community Council 11/116

0 Political Committee 0 CHECK IF PC HAS DISBANDED

0 Committee of Continuous Existence 0 CHECK IF CCEHAS 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 7/7/2012 7/20/2012

Report Type F2 -12 I I To I -- -- -- -- -- --~Original 0Amendment 0 Special Election .Report 0 Independent Exp.enditure Report

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

Monetary

Cash & Checks $ 1,450.00 Expenditures $ 2,035. 20

Loans $ 0 00 Transfers to Office Account $ 0.00

Total Monetary $ 1,450. 00 Total Monetary $ 2,035 20

ln .. Kind $ 0.00

(.8) Other Dis.trib.utions $ 0 00

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

$ ' <nn _QQ_ $ ? 1 7 " ...2.()__

(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 rep.ort 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)

Olndividual (only for Drreasurer D Deputy Treasurer Ocandidate 0 Chairperson (only for PC, PTY & electioneering commun ) electioneering commun organization)

X X Signature Signature

05-DE 12 (Rev .. 08/04)

(

CAMPAIGN TREASURER'S REPORT -ITEMIZED CONTRIBUTIONS

(1) Name rl eana Pet· (2) ID. Number

7/7/2012 7/20/2012 (3) Cover Period __ I __ I __ through I I (4) Pag.e 1 of 2

(5) (7) (8) (9) (10) (11) (12) Date Full Name (6) (Last. Suffix, First, Middle)

Sequence Street Address & Contribu.t.or COntribution In-kind Number City, State, Zip Code Type Occupation Type Description Amendment Amount

Tauben, Beatriz I account an CH $100 0 7/7/2012 12362 SW 122 Pl

I I Miami Fl 33186

1

7/7/2012 Hernandez, Arturo I ~etired CH $500 0 18000 SW 136 St

I I Miami Fl 33196

2

7/7/2012 Fernandez, Orlando I bo-etired CA $50 0 4020 E Jrd Ave

I I Hialeah, Fl 33013

3

7/7/2012 Fernandez, Mer cede I retired CA $50 0

I I 4020 E Jrd Ave Hialeah, Fl 33013

4

7/7/2012 Ferrer, Marlene I paycare CA $50 0 13951 SW 184 Ave pwner

I I Miami, FL 33196

5

7/7/2012 Ferrer, Osvaldo I ~~ycare CA $50 0 13951 SW 184 Ave pwner

I I Miami Fl 33196

6

7/7/2012 Fernandez, Genovev I etired CA $50 0

I I 4020 E 3rd Ave Hialeah- Fl 33013

7

7 I 712012 Petisco, I retired CA $50 0 Providencia

I I 1097 SW 134 Ct Miami Fl 33184

8

OS-DE 13 (Rev .. 08/03) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

(

CAMPAIGN TREASURER'S REPORT -ITEMI:ZED CONTRIBUTIONS

(1) Name rl eana Pet' (2) ID. Number

7/7/2012 7/20/2012 (3.) Cover Period __ / __ I __ through I I (4) Page 2 of 2

(5) (7) (8) (9) (10) (11) (12) Date Full Name (6) (Last. Suffix. First, Middle)

Sequence Street Addres.s & Contributor Contribution In·· kind Number Citv, State, Zio Code Tvoe Occuoation Tvoe Oescriotion Amendment Amount

Brad E Kelsky, B ~ttorney CH $100 0 7/10/2012 10189 Cleary Blvd. Suite 1 2

I I Plantation FL 33324

9

7/17/2012 Mullen Vargas, I ·etired CH $250 0 Judith rmrse

I I 16400 Collins Ave #746 Sunny Isles, Fl 33160

10

7/19/2012 Cooper, Scott J I inance CH $200 0

11501 Hibbs Grove Dr. di:r:·ector I I Cooper City Fl 33330

11

I I

I I

I I

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D5-DE 13 (Rev .. 08/03) SEE REVERSE FOR. INSTRUCTIONS AND CODE VALUES

CAMPAIGN TREASURER'S REPQRT- ITEMIZED EXPENDITURES (1) Name Ileana Petisco (2) 1 .. 0 .. Number 1160

7/7/2012 7/20/2012 (3) Cover Period __ ! __ ! __ through __ ! __ / __ (4) Page _ _:.1 __ of_-=1 __ _

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

Date Full Name Purpose

(6) (Last, Suffix, First, Middle} (add office sought if Expenditure

Sequence StreetAdd ress & contribution to a

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

7/?po? Publix, cam~aign event MO $220.0 16800 sw 88 SI foo Miami, FL 33196

1

7/7/2012 Airtech, helium MO $207 0

I I 4500 SW 74th Ave tanks Miami, FL 33155 rental

2

7;7/2012 A~rtech, baLloons MO $48 1 4500 SW 74th Ave

I I Miami, FL 33155

3

7;7(2012 VC1nk, pnnt1ng MO $260 0 8953 NW 23:t:"d Street services

I I Doral, FL 33172

4

7/18/2012 CVink, printing MO $1,300 0 8953 NW St services

I I Doral, FL 33172

5

I I

I I

I I

DS-DE 14 (Rev 08/03) SEE REVERSE FOR INSTRUCTIONS AND CO DEVALUES

MIAMI·fJE, ~

MIAMI-DADE ELECTIONS DEPARTMENT 2700 NW 87th Avenue, Miami, FL 33172

Phone: (305) 499-8500 Fax: (305) 499-8547

\,_,'

Report

F1-12

F2-12

F3-12

TR-F12

F2-12

/

TO: Florida Elections Commission

FROM: Penelope Townsley

Supervisor of Election

Rece1ved or Due Date Submitted

Original 7/13/2012 7/14/2012

Origrnal 7/27/2012 7/27/2012

Origrnal 8/10/2012 8/12/2012

Original 11/12/2012 11/12/2012

Amendment 7/27/2012 7/28/2012

DATE: Friday, January 25, 2013

SUBJECT: History of Reports

Ileana Petisco

Community Council Area/Subarea 1

Postmark Hand Days Fine Date Delv. Late Notice Sent Assessed Date Sent Certified No.

$50.00

Fine Due 8/15/2012 7008 1830 0003 9579 3229

$50.00

Fine Due 8/15/2012 7008 1830 0003 9579 3229

2 $425.00

Fine Due 8/15/2012 7008 1830 0003 9579 3229

$0.00

r-r

Report Summary 1160 Ileana Petisco

DUE REP RECEIVED/ POSTMARK HAND DATES CASH LOANS TOTALCONTR. IN-KIND EXPENDITURES FINE APPE- AMOUNT FEC CASE DATE TYPE SUBMITTED DATE DEL LATE ALED PAID NO

7/1312012 Fl-12 7/1412012 ' $2,000.00 $150.00 $2,150.00 50.00 $140.00 $50.00 v

Origmal Subtotals I s2.15o.oo 1 I SI40.00

712712012 F2-12 712712012 ' $1,450.00 $0.00 $1,450.00 $0.00 $2,035.20 $50.00 v

Origmal Subtotals C::_ s1,45o.oo 1 I $2.035.20

712712012 F2-12 7128/2012 $450.00 $0.00 $450.00 50.00 $0.00 $0.00

Amendment Subtotals L si,9oo.oo 1 I $2,035.20

8/1012012 F3-12 811212012 2 $200.00 $0.00 $200.00 $0.00 $1,700.00 $425.00 v

- / Origmai Subtotals I s2oo.oo 1 I $1,700.00

1111212012 TR-FI2 11/1212012 0 $0.00 50.00 $0.00 $0.00 50.00

Origmal Subtotals I so.oo 1 I $0.00

$4,100.00 $150.00 $4,250.00 $0.00 $3,875.20 $525.00

Friday, January 25, 2013 Page 1 of 1

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l.l'rl3r.:;t:a- th:t Qrrp:ig~ Treaso..rer's R:p:tts rrust be filed e!edraicaly in c::fd:lr to

c:x:rrpy v.ith Mari-C\:de a:u-ty req..ire r e is.

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D:te

caylirre Telep a e No: (3 t' S" ~.::.O.::.C'_··_,~:.....::..o_'lc..:D:::..· ------------

Erreil Atl ws:

Tfisfcrmnust be filedv.ilh theq..Eiitj.irgclfia;y Vlitfjn 10cJ:¥> arer theP(::f:x:itim:d d c:arpr:ig7 Treasuer crri D::sigli3iim d Qrrp!ig7 D:p:.rsituyfcnnis filed

M:).8J 10 (Rsv 4'm'12)

----------

(

f~ECEIVED APF'ClNiliiENTa=CAIIIPAIGNlREASI...RR

JtNJ J:ESGNA11Clll a= CMIPAIGN 2012 JUN -4 AH 9: 42 I:EPCS IQ'(YR:RCANlDA.lES

(Se:ii01 ·103.021(1), FS) ~11Mli-DADE

(PI..BISEmiNrCR~ ELECTIONS

1\DlE: 'This fonn nust be on file Vlith the qualifying officer l:lef'ore the - accotrt OTICELSECN...Y

1. a-e::KN'I'RCF'RATE EJC:»((ES): 0, lritia RlirgcfFam F&filirgtoQ-a-ge: 0 Treee.rertcep.Jy 0 rkip:stay 0 Olice 0 Faty

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6 .. OficeSOI.J!tE Ordu::ledslrid, drait, go..pn..nter) 7. If a cancidalefor a au !p§!llisan office, check if

f!.o m IYW n 1 fr & u n CA/ //rue /1/ applicable: n 111\t irtat is to nn as a Wite-ln ca-ddate.

.$ tJ, ~e t!<_ I It. l -·

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10 N:n'ecf Trees.rer c:r D:lp.Jy Treasue-

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I, :::los e. L ?e.--h s c.o A ~1hecw:irtrnrt --(Rease Airt c:r Type 1\Erre) ' 1

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IJS.IE9(Fev:. 1G'10) R.,je 1&.2.0001, FA C.

----- --- -------------------------------~------ --- ---------------------------------------- i- -

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

( '

APPOINTMENT OF CAMPAIGN TREASURER HEGEIVED AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDIDATES 2012 JUN -4 Afi 9: 42 (Section 106 021(1), F S)

(PLEASE PRINT OR TYPE) l11td·11-0ADE ELECTimlS

NOTE: This form must be on file with the qualifying officer before opening the campaign account. OFFICE USE ONLY

1. CHECK APPROPRIATE BOX(ES): I ~ Initial Filing of Form Re-filing to Change: 0 Treasurer/Deputy 0 Depository 0 Office 0 Party

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

:I lc u.n •~ ·-n i? ~' i) code)

NsqiJ .StJ 179 IF'e' 4 Telephone 5 E··mail address

( 3c( > «-a' ··4-·6'7t· l ic.p(isc~- (!-_l ci..c/ cern /<.41(}{ I'Y}I I Ft.- 33/7~

6 .. Office sought (include district, circuit, group number) 7 If a candidate for a nonpartisan office, check if

C ~·t1C) /Ire "'~~'t6.t ua.._ applica~le:

@~ n1/>io'-cL-HI / "' \ My intent is to run as a Write-In candidate

{( '/1!1.

8 If a candidate for a 6artisan office, check block and fill in name of party as .applicable: My intent is to run as a

0 Write-In 0 No Party Affiliation 0 Party candidate

9 I have appointed the following person to act as my 0 Campaign Treasurer .}iZJ' Deputy Treasurer ..

'- - --10 Name of Treasurer or Deputy Treasurer

f 1-ttL.t• &... Pl.· : '<- / ·'-·"" ·-- ---11 Mailing Address 12 Telephone

/lfs~o .Si.t I 1/'l r\"zl'( ( ??cr > 7.;;./-- 5{[-aL_ 13 City 14 County lrfif1i.lf: .. 15 State 16 Zip Code 17 E-mail address

lvflamt .f>tilcle FL 3sl7t.- ;/eDt:/?sco r:Da.o/ C~l"n. 18 I have designated the following bank as my (:5( Primary Depository ' 0 Secondary Depository

... .. 19 Name of Bank 20 Address

'21city VJ/..H- 73 61./J'l.k.- .. I 3 7N SzJ i'J? s1: - --

22 County 23 State 24 Zip Code

l1;'c(n-;, MJI1.m,.- .o~..te. FL 33 /J'c:; UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND

DESIGNATION OF CAMPAIGN DEPOSITORY AND THAT THE FACTS STATED IN IT ARE TRUE . .

25 Date 26. Signature~ndidate

6/~/;~ X ~ ~- /

" 27 Treasurer's Acceptance of Appointment (fill in the blanks and checWthe appropriate block)

I, ,. __ .I le<f-n ~ ·r.f; -r~· S d!-o , do hereby accept the appointment (Please Print or Type Name)

designated above as: 0 Campaign Treasurer -a: D~y Treasurer

~~~~~- X ~ 0AL . ..,. Date Signature pf Campaign~asurer or Deputy Treasurer

DS-DE 9 (Rev .. 10/10) ' Rule 1S-2 .. 0001, F.A.C ..

Ileana Petisco- Waive $50 fine for F2-12 Innocent, Vanessa (Elections) to: Cedric Oliver 03/08/2013 02:32PM Cc:

(

"White, Christina (Elections)", "Lopez, Carolina D (Elections)", "Washington, Yolanda V. (Elections)", "Ollino, Luz L (Elections)" Show Details

2 Attachments

Report Log Ileana Petisco.pdf Emai Report Submitted Ileana Petisco- Community Councilll!l6 (2012-07-27) txt

Hi Cedric,

Per our conversation of this morning regarding Ileana Petisco, I did some research & I think our program automatically calculated the 1 day fine for her because the email was received on 7/28 at 12:00 a m. but, you are correct her report was submitted at 11:59:08. We should not have imposed the fine I have attached a copy of the internal log and the email generated by the system when a candidate submits a report Please disregard the $50.0 for the F2-12

I'm sorry for any inconvenience this may have caused and thank you for your collaboration.

Sincerely,

Vanessa Innocent Elections Department (305) 499-8342 www.miamidade.gov "Delivering Excellence Every Day"

Emai Report submitted Ileana Peti sco - community counci 1 11116 (2012-07 -27) .. txt From: Candidate Fi nanci a 1 [CFi nance@vr systems .. com] sent: satur·day, July 28, 2012 12:00 AM To: campaign Financing VR (Elections) subject: Report submitted: Ileana Petisco - community council 11/116 (2012-07-27)

Follow up Flag: Follow up Flag status: completed

categories: Audited by Maria Acosta, Received

Ileana Petisco - (miamidade) candidate for community council 11/116 has submitted a financial report (2012-07-27- confirmation #1041307) .. click here to 1 og in : http://www .. voterfocus .. com/ws;wscandnew/cf_cpanel .. php

Page 1

TJ!: "Innocent, Vanessa (Elections)" <INNOCEN@miamidade gov> Cc: Bee: Subject: Re: FW: Fines Due (Committee for Responsibility in Government Pac)

Thank you for your assistance with this matter Here are the other two affidavits that we discussed

DOC012413 pdf

"Innocent, Vanessa (Elections)" Per your request Please confirm r

From: To:

"Innocent, Vanessa (Elections)" <INNOCEN@miamidade.gov> <cedric.oliver@myfloridalegal.com>

Date: 01/24/2013 11:03 AM Subject FW: !'ines Due (Co~mittee for Responsibility in Government Pac)

Per your request Please confirm receipt

Thank you

Vanessa Innocent Elections Department (305) 499-8342 www.miamidade.gov "Delivering Excellence Every Day"

From: Lopez, Carolina D. (Elections) Sent: Tuesday, January 22, 2013 05:35 PM To: Tracie.Aulet@mvfloridalegal.com <Tracie.Aulet@myfloridalegal.com>

01/24/2013 11:03:49 AM

Cc: White, Christina (Elections); Acosta, Maria (Elections); Ollino, Luz L (Elections); campaign Financing VR (Elections) Subject: Fines Due (Committee for Responsibility in Government Pac)

Good Afternoon Tracie,

During a recent review of Committee for Responsibility in Government PAC's campaign reports, our records indicate that a $2,375 .. 00 fine for the F2-12 Campaign Treasurer's Report is still outstanding .. In an effort to close out this file, our office recently mailed the committee a letter outlining these deficiencies and we will await a response from the committee In the meantime, please find attached the pertinent information we have on file for Committee for Responsibility in Government PAC.

1.. 10-15-2010- Filing Documents 2. 03-23-2012 - Filing Documents 3. 11-01-2010- Acknowledgement Letter with confirmation from the Post Office. 4.. 12-09-2011 -Acknowledgement Letter with confirmation from the Post Office 5.. 08-01-2012- F2-12- Failure to File Letter with confirmation from the Post Office

I '

6.. 08-10-2012- Report Submitted 7.. 09-05-2012 - Fine Due Letter with confirmation from the Post Office. 8 Miscellaneous Information from Database, reflecting telephone communications with

committee and/or representatives .. 9 Report Summary with Subtotals from Database as of today, reflecting the outstanding fines 10. Memo to the Florida Commission on Ethics, reflecting a summary of the letters mailed to

committee.

We will let you know should our office receive any updates on this matter In the meantime, let me know if I may be of any further assistance, thanks

Regards, Elections Coordination, Campaigns and Compliance Division Miami-Dade Electie>ns Department 305-499-841 0 campaigns@miamidade.gov "Delivering Excellence Every Day'Tattachment "1. Filing Docs 10-15-10pdf" deleted by Cedric 0/iver/OAG] [attachment "2 Filing Docs 03-23-2012pdr' deleted by Cedric 0/iver/OAG] [attachment "3. Acknowledgement Letter -11-01-1 O.pdr' deleted by Cedric 0/iver/OAG] [attachment "4. Acknowledgement Letter 12-09-2011 pdf" deleted by Cedric Oliver/OAG] [attachment "5. F2-12-Failure to File-08-01-12 pdf" deleted by Cedric 0/iver/OA G] [attachment "6 F2-12 Report Submitted-08-1 0-12pdr' deleted by Cedric 0/iver/OAG] [attachment "7 F2-12- Fine Due Letter-09-05-12.pdF' deleted by Cedric Oliver!OAG] [attachment "8 .. Misclnf ListpdF' deleted by Cedric 0/iver/OAG] [attachment "9. Report View with Subtotals.pdr' deleted by Cedric 0/iver/OAG] [attachment "10. Memo to Common Ethics pdF' deleted by Cedric 0/iver/OAG]

(

Fw: Fines Appealed by Ileana Petisco (F1-12 Rpt-FEC 12-378; F2-12 Rpt-FEC 12-379; F3-12 Rpt-FEC 12-380) Tracie Aulet to: Cedric Oliver 01/30/2013 11:32 AM

per your request

Tracie L. Aulet Investigation Specialist II Florida Elections Commission The Collins Building, Suite 224 107 West Gaines Street Tallahassee,FL 32399

Please note that Florida has a broad public records law, and that all correspondence to me via e-mail may be subject to disclosure .. ·---·--Forwarded by Tracie Aulet!OAG on 01/30/2013 11:31 AM-·-··

From: To: Cc:

"Lopez, Carolina D. (Elections)" <LOPEZC@miamidade gov> <Tracie Aulet@myfloridalegal.com> "White, Christina (Elections)" <bacogc@miamidade.gov>, "Innocent, Vanessa (Elections)" <INNOCEN@miamidade.gov>, "Campaign Financing VR (Elections)" <campaigns@miamidade gov>

Date: 01/29/2013 06:16PM Subject: Fines Appealed by Ileana Petisco (F1-12 Rpt-FEC 12-378; F2-12 Rpt-FEC 12-379; F3-12 Rpt-FEC

____ ., __________ E_~380) ·--·-·-------------------------------------------------·-···--·-----------

Good Afternoon Tracie,

During a recent review of Ileana Petisco's campaign reports, our records indicate that the following fines are still outstanding, and have been appealed by the candidate through your office:

• $50 00 fine for the F1-12 Campaign Treasurer's Report (FEC 12-378)

• $50 OOfine for the F2-12 Campaign Treasurer's Report (FEC 12-379)

• $425.00 fine for the F3-12 Campaign Treasurer's Report (FEC 12-380)

In an effort to close out this file, our office mailed the candidate a letter outlining these deficiencies and we will await a response from the candidate In the meantime, please find attached the pertinent information we have on file for Ileana Petisco, who ran for Community Council11/116 in 2012 and was Defeated.

1 06/04/12 Filing Documents 2 06/18/12 Congratulatory Letter for becoming a Qualified Candidate, with confirmation from the Post Office 3 07/13/12 Reminder for F1-12 Report Due 4 F1-12 Report submitted electronically on 07/14/12 5 08/15/12 Fine Due Letter with confirmation from the Post Office 6 F2-12 Report Submitted electronically on 07/27/12 7 08/15/12 Fine Due Letter with confirmation from the Post Office

8. 08/10/12 Reminder for F3-12 Report Due

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

/''

I,

9 F3-12 Report Submitted Electronically on 08/12/12 10. 08/15/12 Fine Due Letter with confirmation from the Post Office

11 10/11/12 Copy of Fine Letters sent to candidate via email. 12 Miscellaneous Information from Database, reflecting telephone communications with

candidate and/or representatives 13 Report Summary with Subtotals from Database as of today, reflecting the outstanding

fines 14 Memo to the Florida Commission on Ethics, reflecting a summary of the letters mailed to

candidate

We will let you know should our office receive any updates on this matter In the meantime, let me

know if I may be of any further assistance, thanks

Regards, Elections Coordination, Campaigns and Compliance Division Miami-Dade Elections Department 305-499-841 0 campaigns@miamidade.gov "Delivering Excellence Every Day"

-~ ih 1 Qualifying Documents pdf

~ 3 Reminder for F1-12 Report Due 7-13-12 pdf

~ •: -~ j._ h ~ 7.F2-12 Fine Due-08-15-12 pdf 8 Reminder for F3-12 Report Due 8-10-12.pdf 9.F3-12.pdf

~.··. -- •· nt J;....;. 'h ,;b /;;..,.,:,. 10.F3-12 Fine Due-08-15-12.pdf 11.Copy of Fine Letters pdf 12.Misclnf List.pdf 13.Memo to FEC jan 25 pdf

mr 14 . .Report View with' &;'btotals jan 25 .. pdf

From: To: Cc: Subject: Date: Attachments:

Acosta Marja CE!ectjons) "jlepetjsco@ao! oom" White Christina CE!ectjons); I ooez Carolina D. CE!ection:;) FW: Fine Letters Thursday, October 11, 2012 2:33:41 PM F3-l2 fjoe 0JJe-08-l5-12.pdf Fl-12 fjne Due-08-15-12 pdf F2-12 fine oue-OS-15-12 pdf

Good afternoon Ms Petisco,

On August 15, 2012 we send you a Certified Letter No. 7008 1830 0003 9579 3229 which it was

return by the Post Office yesterday as Unclaimed. Attached please find the copies of the Fine

Letters for:

• F1-12 in the amount of $50 00

• F2-12 in the amount of $50 00

• F3-12 in the amount of $425.00

If you need any information regarding this letters, please let me know

Maria Acosta Miami-Dade Elections Department Election Coordination, Campaigns and Compliance 305-499-8410 www mjamjdade goy "Delivering Excellence Every Day"

1160 Ileana Petisco

ConvDate: EmpName:

7548 10/11/2012 Maria Acosta

7463 8/24/2012 Maria Acosta

7337 7/5/2012 Maria Acosta

Miscellaneous Information

Conversation:

Ms .. Petisco call me because she just sow the email that I send her with a copy of the Fine Letters for F1-12, F2-12, and F3-12 since the Certified Letter was return unclaimed to our office yesterday She told me that the Post Office never left a notice of a Certified Letter and she didn't know. She also whanted to know why the fine for F3-12 was $450.00 instead of $50 00 and I explained to her that is was based on 25% of the Expenditures since the fine for the report that is due 4 days prior to the Election is $500,00 per day not to exceed 25% of Contributions or Expenditures whithever is greater She told me that the $1700 00 expenditure was really to pay herselffor expenses of the campaign I told her that she could appeal the fine and to send us a copy to inform us that the fine had being appeal

The report F3-12 was Pined and submitted on 8/12/12 and accepted on 8/13/12 The report was resubmitted on 8/22/12 with the same Submission No.

Ms Petisco call to find out if a county employee could run for office, specifically a School Board. I told her to call the Miami-Dade Commission on Ethics and gave her the telephone number

(Section 106.023, F:.S.)

(Reasepirt a-type)

• R£-l~r:: L\L c: D a : .UfiEOIJL¥

2012 JUII -4 ~!-1 g: 31

l ., L M' -·iJAD( ..,....llri II 1..

;t ·cTIONS _ ... t.

I, 1 kttn[L_ ~ h.s c"'-o--------------:---

ccrdidctefcrthedfirect {!t'n11f1<(17tfe f!.t>ctne, t.[?J"a_ 11 i/h

ha\.e been p-c:Mci:d ax:ess to rea:! a"d u de sta"'d the ra:J.it a1 e ts d

01Ep:er 100, Raida Stmtes.

X dcte

Ea::h ccrdd:te rrust file a stcte 1 at wth ti-e q.Eiifyirg dficer Wtlin 10 days citer ti-e />f::pd1 tJ 1 e t cf ecn,:Bg~ Treaso..rer a-d D:lsigaim cf CcrTp:ig1 D=po:;itay is file::!. WJfft..j failue to file ttis fam is a first d::g ee rris:Er 1 ea a a-d a d\.11 \.1dctim cf ti-e CcrTp:ig1 Rra"rirgAiWictnray restit inafinecf 4)to$1,CXXl, (ss. 100.19(1Xc), 100265(1), Aaicta sm.tes)

I:8-r:E84 (05111)

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

August 15, 2012

Ms. Ileana Petisco 14590 SW 179 Ave Miami, FL 33196

Dear Ms Petisco

NOTICE OF LATE FILING- FINE DUE- $50 00

F2-12 Campaign Tr~~~l!r~!:'~ .. Report Due Date: [7!/27/2012:.~

Period Covered: 7/7/2012 -7/20/2012

Elections 2700 ~W 87th •\venw.:

Miami .. Florida 33 ·172 T 305-499-VOTE F l05-l99-8547

TTY: 305-499-84110

miamidade .. gov

The F2-12 Campaign Treasurer's Report filed with our office was~ijjft(el:CO.o:CZ(:?,?J~ll~ Since this report was not filed by the appropriate filing date, a fine is being assessed for each late day pursuant to Florida Statute 106.07(8)(b)

As such, fines are calculated at a rate of $50. 00 per day for the first 3 days and thereafter, $500.00 per day for each late day These fines are not to exceed 25% of the total receipts or expenditures, whichever is greater for the period covered by the late report Therefore, since the report was 1 day late, the fine is $50 00, which is 1 day at $50 00 per day. Said fine must be received by our office at 2700 NW 87th Avenue, Miami, FL 33172 within twenty (20) days of your receipt of this notice The checl< should be made payable to the Board of County Commissioners paid only from candidate's personal funds

Florida Statute 106 07(8)(b) goes on to say that the fine may be appealed or disputed based upon unusual circumstances surrounding the failure to file by the designated due date A hearing before the Florida Elections Commission may be requested, which shall have the authority to waive the fine in part or whole Any such request must be submitted in writing and must be received by the Florida Elections Commission within 20 days of your receipt of this notice To request an appeal. please write to the Florida Elections Commission, 107 West Gaines Street, Collins Building, Suite 224, Tallahassee FL 32399-1050 Our office must also be notified of the intent to bring this matter before the Commission

I urge you to promptly resolve this matter If not, in accordance with Florida Statute 106 07(8)(d), we will be required to notify the Florida Elections Commission of this late filing and failure to pay the imposed fine

If you have any questions regarding this matter, please contact the Candidate Services Unit at 305-499-841 0

SincerelY., _l . / / ::

/ __ // >{ //(:;;; . .t/ / ,. Christina White Deputy Supervisor of Elections Miami-Dade Elections Department

Certified No: 7008 1830 0003 9579 3229

I

-----------------------~---~--- -- -----------;1

~-

1 ,_

FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS CAMPAIGN TREASURER'S REPORT SUMMARY

(1) Ileana Petisco OFFICE USE ONLY

Name (2) 14590 SW 179 Avenue [104130 7]

Address (number and street) ;,§:Wimtted i:dJJ)i Mjamj EI1 33J 26 Q"Z:7;277.7:2oiz:,23>::s 9 ;t()SI (eastern) City, State, Zip Code

0 CHECK IF ADDRESS HAS CHANGED (3) ID Number: 1160

(4) Check appropriate box(es): 1KJ Candidate (office sought): Community Council 11/116

D Political Committee 0 CHECK IF PC HAS DISBANDED

D Committee of Continuous Existence 0 CHECK IF CCE HAS DISBANDED

D Party Executive Committee

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

(5) REPORT IDENTIFIERS 7/7/2012 7/20/2012

Report Type F2-12 Cover Period: From I I To I -- -- -- -- -- --

I!] Original 0Amendment D Special Election Report D Independent Expenditure Report

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

Monetary

Cash & Checks $ 1,450.00 Expenditures $ 2,035.20

Loans $ 0.00 Transfers to Office Account $ 0.00

Total Monetary $ 1,450. 00 Total Monetary $ 2,035.20

In-Kind $ 0 '' 00

(8) Other Distributions $ 0.00

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

$ , "no ..0.0.... $ ? , 70 .2.0..-

(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)

OtndiviC:ua1 (only for Orreasurer OoeputyTreasurer Ocandidate 0chairperson (only for PC. PTY & electio!i eering ccmmun ) electioneering commun organize.tion)

X X Signature Signature

05-DE 12 (Rev .. 08/04)

.---------•c.. ----------~ ---------... FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS CAMPAIGN TREASURER'S REPORT SUMMARY

(1) Ileana Petisco

Name (2) 14590 SW 179 Avenue

Address (number and street)

Miami FT, 331 96

City, State, Zip Code

0 CHECK IF ADDRESS HAS CHANGED

(4) Check appropriate box(es):

OFFICE USE ONLY

[1041310]

%~icttea>comi Zi~!l12'of2::;:oo:;;:1:6;;'os:il <eastern>

(3) ID Number: 1160

[RJ Candidate (office sought): Community Council 11/116 ------~--~=---~----------------------------0 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 1\lO OTHER ELECT'IOI\lEE."!.!NG COMMUNICATION REPOi"HS WILL 3E FILSD

(5) REPORT IDENTIFIERS

Cover Period: From 7/7/2012 7/20/2012 I I To I I Report Type F2-12

OOriginal 129 Amendment 0 Special Election Report 0 Independent Expenditure Report

(6) CONTRIBUTIONS THIS REPORT

Cash & Checks $ 450.00

Loans $ 0 .. 00

Total Monetary $ 450 00

In-Kind $ 0.00

(9) TOTAL Monetary Contributions To Date

$ non ,.0.0_

(7) EXPENDITURES THIS REPORT

Monetary Expenditures $ 0. 00 --------

Transfers to Office Account $

------------~0~·~00~---Total Monetary $ 0.00

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

(8) Other Distributions $ 0 '' 00

(10) TOTAL Monetary Expenditures To Date

$ 0 ,..,. -2.0-

(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)

Otndividua! (only for Orreasurer OoeputyTreasurer electioo eerlng ccmm1Jn .)

X Signature

DS.OE 12 (Rev .. 08/04)

(Type name)

Ocandidate

X Signature

Qchairperson (only for PC, PTY & electioneering commun organization)

FW: Fine Letters

From: Acosta, Maria (Elections) (Elections) <SOEMACO@miamidade gov>

To: ilepetisco <ilepetisco@aol.com>

Page 1 ofl

Cc: White, Christina (Elections) (Elections) <bacogc@miamidade gov>; Lopez, Carolina D (Elections) (Elections) <LOPEZC@miamidade gov>

Subject: FW: Fine Letters

~t'Eii~6'1lr::ea;31r;;~o;r2Z2~Pi'R"iik Attachments: F3-12_Fine_Due-08-15-12 pdf (598K), F1-12__Fine_Due-08-15·12 pdf (586K), F2-12_Fine_Due-08·15·

12.pdf (595K)

Good afternoon Ms Petisco,

On August 15, 2012 we send you a Certified Letter No. 70081830 0003 9579 322g.whietfliti:Wi!is!fe"furni'O:Y'!tft~ lf?'oSfl0fffeezy.esterday<aszBnt:Jaiill"W'<.'l~ttached'-pleaieiffn'ditl1ezcqpi§.srof;:.ttrEilBineil!etterS1'fa~

[[[[[[I= 1-12 in the amount of $50.00

[[[[[[1=2-12 in the amount of $50.00

[[[[[[1=3-12 in the amount of $425 .. 00

If you need any information regarding this letters, please let me know

Maria Acosta

Miami-Dade Elections Department

Election Coordination, Campaigns and Compliance

305-499-841 0

www .. miamidade.gov

"Delivering Excellence Every Day"

------H}/026/0201-21.--~

FLORIDA ELECTIONS COMMISSION 107 W .. Gaines Street

Collins Bnilding, Snite 224 Tallahassee, Florida 32399-1050

(850) 922-4539

The Honorable Penelope Townsley Miami-Dade County Supervisor of Elections 2700 NW 87TH Avenue Miami, Fl33172

January 23, 2013

RE: Case No.: FEC 12-379; Campaign Treasurer's Report due 7/27/12

Dear Supervisor Townsley:

Candidate Ileana Petisco has appealed the fine assessed for failing to timely file the above­referenced 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 ofthe following information, if available:

D The CTR that was filed late D The envelope that contained the report D Card or letter reminding candidate that report was due D The filing officer's fail me 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 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 candidate with a notation of any late filing fines assessed against the candidate for failing to timely file reports.. Please return the requested information to me by February 1, 2013

I appreciate your assistance in obtaining this information Please let me know ifyou have any questions.

Sincerely,

2-l-K@--Cedric Oliver Investigation Specialist

------~------~tOll (6/07) ---~-------- ____ ___________ __ ___ _ _ _ _ _ _ ____ __ _______ ______ __ ______ __

Ileana Petisco 14590 SW 1791

h Avenue Miami, Florida 33196

(

FLORIDA ELECTIONS COMMISSION 107 W, Gaines Street, Collins Building

Suite 224 Iallahassee, Florida 32399-1050

{850) 922-4539

December 4, 2012

RE: Case No.: FEC 12-379; Campaign Treasurer's Report due 07/27/12

Dear Ms .. Petisco:

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- 1005, 1 0052, and 1 0055, Florida Administrative Code, rue 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 rue a county, municipal, or special district candidate or committee and your report was received by the filing officer without a postmruk or with an illegible postmruk 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 proof 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 mruk does not constitute a postmark or a proof of mailing

If you crumot show that your report was timely filed, the Commission may still grant you relief, but only if you show unusual circumstances Unusual circumstances is defined in Rule 2B-

~------Aut00L(810.8)_ ____ ~-----·-·--·--

(

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 manner 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

I Natural disaster or other emergency that prevented timely filing Evidence submitted must include copies of newspaper reports or other documents fmm 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 circumstances unless it is established that reasonable precautions to assure the safety ofthe 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 of a notary or other person authorized to administer oaths indicating the

AutOOI (6/07) ------------------------ ----------------

cause and the duration of the power outage and the reasonable precautions taken to assme 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 loss of the campaign treasurer does not constitute unusual circumstances ifthe 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 departme.. Evidence must include a written 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 treasmer'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 circmnstances cause your report to be filed late Rule 2B-l 005(3), Florida Administrative Code, provides that if you send additional docmnentary evidence, the Commission must receive it no later than 20 days from the date of this letter 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 docmnentary evidence is timely received, it will be presented to the Commission when it considers yom appeal of the 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.

If you have any questions concerning this appeal, please contact Investigator Cedric Oliver at extension 11 0

AutOO! (6/07)

Sincerely,

~O!W!fP..- *· tfY\: o.2 \}/\--" Donna Ann Malphurs DIIJl Agency Clerk

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