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STATE OF FLORIDA 02 NOV 25 PH 3: 52 FLORIDA ELECTIONS COMMISSION STAfE OF FLORIDA

ELECTIONS COMMISSION

In Re: Carman J. Leon, Jr Case No : FEC 02-207 F.O No: DOSFEC 02-196 w

CONSENT ORDER

The Respondent, Carman J Leon, Jr .. , candidate for Palm Beach County Judge, Group 11,

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 of

law, and order

FINDINGS OF FACT

1 The Respondent is Carman J Leon, Jr

2 On August 1, 2002, the Commission received a sworn complaint alleging that the

Respondent violated the following section of the Floiida Election Code:

Section 1061435(3), Florida Statutes, prohibiting a person from placing or locating a political advertisement on or above any state or county road right-of-way

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 occmred 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) 1

CONCLUSIONS OF LAW

7.. The Commission has jurisdiction over the pruties to and su~ject matter of this

cause, pursuant to Section 10626, Florida 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 1435(3), Florida Statutes ..

ORDER

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

Order voluntruily and upon advice of counsel

11 The Respondent shall bear his own attorney fees and costs that rue 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 voluntruily waives the right to any further proceedings under

Chapters 106 and 120, Florida Statutes, and the right to appeal the Consent Order

14.. The Respondent will cruefully review Chapter 106, Florida Statutes, and avoid

any future violation of the chapter

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

cease from placing a political advertisement on or above any state or county road right-of~way.

16 The Respondent shall remit to the Commission a fine in the runount of$100 .. 00 .

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

Com023 (2102) 2

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

' 1• Commission's execution of this Consent Order ..

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

JI :z.1 -----------' 2002 ..

Carman L , e n, Jr. 4627 Ellw d Drive Delray Beach, Florida 33445

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

Io , 2002

·nthicum 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 11/1ci-1s/o::l ( I

in T~,,.t?~ I

, Florida and filed with the Clerk of the

Commission on __,f)~~~~~=~~2~<~------' 2002, in Tallahassee, Florida.

Com023 (2/02) 3

Copies furnished to:

Barbara M .. Linthicum, Executive Director CarmaII J. Leon, Jr .. , Respondent

Attachment 1: Complaint with attachments

Com023 (2102) 4

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· . · . Bank ofAmeri'ca Advantage'/' .. · , " " , .~

CARMAN J. LEON JR .. Mlf<DV D. LEON 4627 ELLWOOD DR DELRAY BEACH, FL 33445

Pa fco-",J.,,, ~J Date

7013

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BankofAmerica. ~ ACHR/T063100277 ~"' Merna ~ ,{. OZ - Z.d7

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CONFIDENTIAL COMPLAINT STATE OF FLORIDA

FLORIDA ELECTIONS COMMISSION 107 West Gaines Street, Suite 224, Tallahassee, Flo1ida 32399-1050

Telephone Number: (850) 922-4539

'' NOTICE <

The Commission's iudsdiction is limited to violations of Chapter 104, 106, and Section 105.071, Fl~;-Stat.

ALLEGED VIOLATION:

NOTICE For the Commission to find a violation of Section 104 .. 271(2), Florida Statutes, the Commission must find that the statement was made by a candidate opposing the complainant in the same election, the statement made by the opposine: candidate was false. and the onnosing candidate knew it was false ..

STATEMENT OF FACTS:

State in your own words the detailed facts and actions of the person named in this complaint that form the basis for this complaint In your statement, please include relevant dates and times and the names and addresses of other persons whom you believe have knowledge of the facts .. Also include with the complaint a copy or picture of all political advertisements that you mention in your statement or any other evidence that supports your statement Give any and all reasons that you feel that he allege violation was co itted in a "lful manner: ' .., 1''\( lf( .A•( ' ,e J

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Additional materials attached?

SIAIEOFFLORIDA COUNTY OF ______ ~·

I swear· or affir·m, that the above infor·mation is tf'ue and cor·r·ect to the best

Signal

Sworn to and subscribed before me this ____ O\~in_d ___ day of

__ ......:Ck=,...~c.Q..K:L~·=i:\'-------' m ~a~.

~m.0t~W(_ Signature of Officer Authorized to Administer Oaths or Notary public ..

(Prin~ Type, or Stamp Commissioned Name ofNotary Public)

Personally known ,/ Or Produced Identification-----

Type of Identification Produced ______________ _

NOTICE This complaint will be treated as confidential by the Florida Elections Commission. During the Investigation, however, a copy of this completed complaint will be provided to the person against whom the complaint has been br·ought .. Any person who files a complaint while knowing that the allegations ar·e false or without merit commits a misdemeanor of the lint degree, punishable as provided In Sections 775.082 and 775.083, Flodda Statutes.

FECOOI

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