Connnission finds that there is no probable cause to believe that the Respondent violated:

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1 STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION ST;\TE Oi. FLOitllli\ ELECT!Oi!S COMMISSION IN RE: RICHARD J. BELLES CASE No.: FEC F.O. No.: DOSFEC W ORDER OF NO PROBABLE CAUSE THIS CAUSE came on to be heard by the Florida Elections Connnission at its regularly scheduled meeting held on August 18 & 19, 2004, in Tallahassee, Florida. After considering the Statement of Findings and the reconnnendations of counsel, the Connnission finds that there is no probable cause to believe that the Respondent violated: Section (1(c, Florida Statutes, failure of a person who holds a campaign fund raiser to mark the ticket or advertising for the fund raiser with the required disclaimer. Section (1, Florida Statutes, failure ofa person to mark all political advertisements as a ''pd. pol. adv." or a "paid political advertisement" and to identify the sponsor; Section (2, Florida Statutes, failure ofa candidate running for partisan office to mark his political advertisements with his political party affiliation or to indicate that he is running with no party affiliation; and Section (4(a, Florida Statutes, failure of a person to expressly state on a political advertisement by a candidate that the content of the advertisement was approved by the candidate and the identity of the person who paid for the advertisement. Therefore, it is ORDERED that this case is DISMISSED. DONE AND ENTERED by the.florida Elections Connnission and filed with the Clerk of the Connnission on August 27, 2004, in Tallahassee, Florida. P_C007(11/03

2 ( ( \ \ } Chance Irvine, Chairman Florida Elections Commission 107 W. Gaines Street Collins Building, Suite 224 Tallahassee, FL NOTICE OF RIGHT TO APPEAL Pursuant to Section , Florida Statutes, the Respondent may appeal the Commission's final order to the appropriate district court of appeals by filing a notice of appeal both with the Clerk of the Florida Elections Commission and the Clerk of the district court of appeals. The notice must be filed within 30 days of the date this final order was filed with the Clerk of the Commission and must be accompanied by the appropriate filing fee. Copies furnished to: Charles A. Finkel, General Counsel Richard Belles, Respondent Judith A. Garner, Complainant Sumter County Supervisor of Elections, Filing Officer Attachment: Statement of Findings P _C007 (11/03

3 1 ( ( \ RESPONDENT: Richard J. Belles COMPLAINANT: Judith A. Garner FLORIDA ELECTIONS COMMISSION STATEMENT OF FINDINGS CASE NUMBER: FEC On May 18, 2004, the Florida Elections Commission received a sworn complaint alleging that the Respondent violated Chapter 106, Florida Statutes. The Commission staff investigated the allegations and based on the facts and conclusions oflaw contained in the Complaint, the Report of Investigation, and this statement, the staff recommends that there is no probable cause 1 to charge the Respondent with violating: Section (l(c, Florida Statutes, failure of a person who holds a campaign fund raiser to mark the ticket or advertising for the fund raiser with the required disclaimer. Section (1, Florida Statutes, failure of a person to mark all political advertisements as a "pd. pol. adv." or a "paid political advertisement" and to identify the sponsor; ( Section (2, Florida Statutes, failure of a candidate rnnning for partisan office to mark his political advertisements with his political party affiliation or to indicate that he is rnnning with no party affiliation; and Section (4(a, Florida Statutes, failure of a person to expressly state on a political advertisement by a candidate that the content of the advertisement was approved by the candidate and the identity of the person who paid for the advertisement. SUMMARY OF FACTS AND CONCLUSIONS OF LAW. 1. Respondent, Richard J. Belles, is challenging the incumbent Supervisor of Elections of Sumter County. Respondent is a Community Development District Supervisor in the Villages, Florida, a retirement community. (The Villages is a conununity development district that elects five supervisors in each of its eight districts. Respondent is one of the five elected supervisors in District 3. Respondent has been a registered voter in Sumter County since The term probable cause means a reasonable ground of suspicion supported by circumstances sufficiently strong to warrant a cautious person in the belief that the person has committed the offense charged. Schmitt v. State, 590 So.2d 404, 409 (Fla Probable cause exists where the facts and circumstances, of which an [investigator] has reasonably trnstworthy information, are sufficient in themselves for a reasonable man to reach the conclusion that an offense has been committed. Department of Highway Safety and Motor Vehicles v. Favino, 667 So.2d 305, 309 (Fla. I" DCA 1995.

4 ( 2. Between April 14 and April 16, 2004, the Commission received four complaints naming Respondent that alleged he failed to include the correct disclaimer on several political advertisements. Respondent signed a minor violation Consent Order and paid a $500 fine. The Commission approved the Consent Order at its May 2004 meeting. The Consent Order was dated May 28, Complainant is a resident of the Villages, Florida. She is politically active, and has been a registered voter in Sumter County since I. Section (1(c, Section (1, Section (2, & (4(a, Florida Statutes. 4. Investigator Faye Basiri investigated whether the Respondent violated these sections of the election laws when he published a fundraising advertisement in the Daily Sun newspaper and distributed campaign signs that were not marked as a paid political advertisement and identify the sponsor, did not identify Respondent's political party affiliation, and did not state that the candidate approved the advertisement.. A. Fundraising Advertisement.. 5. Section (3, Florida Statutes, provides that any advertisement for a campaign fund raiser must not only include the statement, "The purchase of a ticket for, or a contribution to, the campaign fund raiser is a contribution to the campaign of (name of candidate", but also must comply with other provisions relating to political advertisement, ( including Section , Florida Statutes. 6. The fundraising advertisement was published at the bottom of page C3 of the Sports Section in the Daily Sun on May 13, The advertisement was not marked as a paid political advertisement or that Respondent paid for the advertisement as required by Section (1. However, the advertisement does identify the Respondent's party affiliation and state that he approved the advertisement. A partial reproduction of the 2"x 4"advertisement is as follows: GOLF OUTING Sunday, June 13, Time: 1 :00 p.m. Shotgun Start Continental Country Club 50 Continental Drive, Wildwood, Fl for tickets Cost: $40 per person CAMPAIGN FUNDRAISER The purchase of a ticket for, or a contribution to the campaign of Richard Jack Belles.for Sumter County Supervisor of Elections APPROVED BY RICHARD JACK BELLES, REPUBLICAN. 7. Respondent was unable to locate a copy of the original advertisement sent to the newspaper. However, he forwarded a letter from Dick Kunkel, his campaign public relation coordinator, in which Mr. Kunde! explains what information was provided to the Daily Sun: C'-MI 1 ft:trl.t\ 2

5 ( I gave the Village Daily Sun a rough layout of all the information, to be contained in [the advertisement]... The ad was 2 inches by 2 columns and was to contain the following information: A male and a female golfer icon on either side of the ad and the following: Golf Outing, Sunday, June 13, Time: 1 :OOpm,Continental County Club, 50 Continental Drive, Wildwood, Fl, , cost: $40.00 per person. Pd. Pol. Adv. By Richard Jack Belles Campaign. Approved by Richard Jack Belles (REP. 8. Respondent told Investigator Basiri that newspaper personnel made a mistake and did not include the appropriate language. He said that Linda Straughan at the Daily Sun told him that the newspaper made the error. He also said that he did not see the advertisement before it was published, although he had requested that they "run it by us prior to publication." 9. Linda Straughan stated that due to her deadline, she did not get a chance to call Respondent for his approval; thus, she took it upon herself to write, "approved by" instead of "paid for by" on the advertisement. Ms. Straughan stated that she ran the advertisement incorrectly, as "I was trying to get to a deadline." 10. Under these circumstances, I recommend that the Comrnission find no probable cause that Respondent violated this section. B. window Signs 11. Complainant submitted two pictures of political signs posted on windows, alleging that a disclaimer was not included. The pictures are dated April 4 and April 20, The two pictures are of the identical signs, photographed on two different dates. A disclaimer is not visible, however, the bottom of the sign is hidden by the window frame. 12. In a response received on July 29, 2004, Respondent stated that the sign was in the front window of his home. He also said that although the window sign had been destroyed, his wife wrote a disclaimer on the sign: [M]y wife Sallie indicated that she wrote on the sign, even though it was not readily visible due to the window frame,... the following disclaimer, Pd. Pol. Adv. Pd. For By Citizens for Belles. Approved by Richard Jack Belles - Rep." 13. Although the disclaimer on the sign is incorrect, it is consistent with the disclaimer he used on the advertisements that were the addressed in the minor violation Consent Order. 14. Respondent signed and mailed the Consent Order to the Commission on May 4, Three days later, Respondent met with the Assistant Supervisor of Elections in Lake County, Jerry Foster, seeking his assistance on how to correct various disclaimer deficiencies. 3

6 / \, According to the Respondent's responses, he complied with the Consent Order's requirement, and met with sign companies to make the appropriate corrections. 15. On May 28, 2004, the Florida Elections Commissions reviewed and approved the Consent Order, requiring Respondent to pay $500. According to the Consent Order, Respondent was to "carefully review Chapter 106, Florida Statutes, and avoid any further violation of the chapter; and [Respondent] agrees to correct immediately the violations alleged in the complaint." 16. It appears that Respondent was in the process of complying with the Consent Order when this complaint arose. Therefore, any violation that occurred was not willful. Under these circumstances, I recommend that the Commission find no probable cause that Respondent violated this section. V. Conclusion. 17. For the reasons set forth above, Respondent's actions in this case are not wil!ful.2 VI. Summary of Charges. 18. Under these circumstances, I recommend that the Commission find no probable cause that Respondent violated Chapter 106, Florida Statutes. Respectfully submitted on July 30, 2004, General Counsel Copy furnished to: Barbara M. Linthicum, Executive Director Faye Basiri, Investigator Specialist , Fla. Stat., provides that a person willfully violates Ch. 106, Fla. Stat.: If the person commits an act while knowing that, or showing reckless disregard for whether, the act is prohibited... or does not conunit an act while knowing that, or showing reckless disregard for whether the act is required... A person knows that an act is prohibited or required if the person is aware of the provision... which prohibits or required the act, understands the meaning of that provision, and performs the act that is prohibited or fails to perform the act that" is required. A person shows reckless disregard for whether an act is prohibited or required under this chapter if the person wholly disregards the law without making any reasonable effort to determine whether the act would constitute a violation. 4

7 \ ( ADDENDUM TO REPORT OF INVESTIGATION Case Number: FEC Respondent: Richard J. Belles Complainant: Judith A. Garner On May 18, 2004, the Florida Elections Commission received a sworn complaint alleging that Respondent violated Chapter 106, Florida Statutes. Commission staff investigated whether Respondent violated the following statutes: Section (l(c, Florida Statutes, failure of a person who holds a campaign fund raiser to mark the ticket or advertising for the fund raiser with the required disclaimer. Section (1, Florida Statutes, failure ofa person to mark all political advertisements as a "pd. pol. adv." or a "paid political advertisement" and to. identify the sponsor; ( Section (2, Florida Statutes, failure of a candidate nmning for partisan office to mark his political advertisements with his political party affiliation or to indicate that he is rnnning with no party affiliation; and Section ( 4(a, Florida Statutes, failure of a person to expressly state on a political advertisement by a candidate that the content of the advertisement was approved by the candidate and the identity of the person who paid for the advertisement. Alleged violation of Section (1(c, Florida Statutes: 1. In regards to the fundraising's original artwork, and whether the ad included the language required in an advertisement for a fundraiser, on July 29, 2004, Respondent submitted a written statement (Exhibit 13 to Florida Elections Commission. Respondent stated that he has not been able to locate a copy; however, he attached a letter from Dick Kunkel, his campaign public relation coordinator (Exhibit 14 where Dick Kunkel, in parts stated, I gave the Village Daily Sun a rough layout of all the information,... The ad was 2 inches by 2 columns and was to contain the following infomiation: A male and a female golfer icon on either side of the ad and the following: Golf Outing, Sunday, June 13, Time: 1 :OOpm,Continental County Club, 50 Continental Drive, Wildwood, Fl, , cost: $40.00 per person. Pd. Pol. Adv. By Richard Jack Belles Campaign. Approved by Richard Jack Belles (REP. - To review Dick Kunkel's letter of July 29, 2004, refer to Exhibit 14. INV003 (5/00

8 ' ( \ 1 ; Alleged Violation of Section (1; (2; and (4(a, Florida Statutes: 2. In regards to existence of a disclaimer on the "Hand-made" window sign, Respondent stated that the original hand made window sign contained the following disclaimer. "Pd. Pol. Adv. Pd. For By Citizens for Belles. Approved By Richard Jack Belles -Rep." To review Respondent's July 29, 2004 statement refer to Exhibit 13. Respectfully submitted on July 29, 2004, Faye Basiri Investigation Specialist INVOOJ (5/00

After considering the Statement of Findings and the recommendations of counsel, the

After considering the Statement of Findings and the recommendations of counsel, the STATE OF FLORIDA f': i!,~y ~,? PH 2: 55 FLORIDA ELECTIONS COMMISSION"'.... - - In Re: HarTell Harrison Case No.: FEC 00-397 F.O. No.: DOSFEC 01-178 W : 1-..- -.I:""! l : i ;:i ;~- i ~.~ ORDER OF NO PROBABLE