STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION. In Re: Judith Dugo Case No.: FEC I F.O. No.: FOFEC W CONSENT ORDER FINDINGS OF FACT
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1 STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION In Re: Judith Dugo Case No.: FEC I F.O. No.: FOFEC W CONSENT ORDER Respondent, Judith Dugo, and the Florida Elections Commission (Commission) agree that this Consent Order resolves all pending issues between the parties in this case The parties jointly stipulate to the following facts, conclusions oflaw, and orde1 FINDINGS OF FACT L Respondent is candidate fo1 the Greenac1 es City Council, District III, in the 2014 municipal election 2 On Febrnary 14, 2014, the Commission received a sworn complaint alleging that Respondent violated the following section of The Florida Election Code on one occasion: Section (6), Florida Statutes, Judith Dugo, candidate fo1 the Greenacres City Council, District III, in the 2014 municipal election, failed to use the word "fen" between her name and the office fo1 which she is mnning, in a political adve1tisement, as alleged in the complaint. Respondent is not the incumbent 3. No other legally sufficient violation of Chapte1 104 or 106, Florida Statutes, was alleged in the complaint 4. 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 If the alleged violation occuned less than 14 days before the election in which the Respondent is paiticipating, the complainant did not allege that the political adve1tisement was C_o 005 (10/08)
2 eithe1 deceptive or influenced the outcome of the election 6 Respondent used he1 name in the political adve1tisement CONCLUSIONS OF LAW 7 The Commission has jurisdiction ove1 the paities to and subject matter of this cause, pursuant to Section , Florida Statutes The Commission conside1s the allegation contained in the complaint a minor violation, pmsuant to Rule 2B-1 003, Florida Administrative Code 9 Respondent neither admits nor denies that she violated Section (6), Flo1ida Statutes, on one occasion ORDER 10 Respondent and the staff of the Commission have entered into this Consent 01der voluntaiily and upon advice of counsel. 11. Respondent shall beai he1 own attorney foes and costs that aie in anyway associated with this case 12 Respondent understands that befo1e the Consent Orde1 is final agency action, it must be approved by the Commission The Commission will conside1 the Consent Otde1 at its next available meeting 13 Respondent voluntaiily waives the 1ight to any fmther prnceedings unde1 Chapte1s 106, and 120, Flmida Statutes, and the 1ight to appeal the Consent 01de1 14 Respondent will caiefolly review Chapte1 106, Flolida Statutes, and avoid any foture violation of the chapter. the complaint 15.. Respondent agrees to correct immediately, if feasible, the violations alleged in 16. If the Commission does not receive the signed Consent Order and payment C_o 005 (I0/08)
3 within 20 days of the date Respondent or her attorney received this order, the staff withdraws this offer of settlement and will proceed with an investigation of the allegations in the complaint 17. Respondent shall remit to the Commission a civil penalty in the amount of $100.. The civil penalty shall be paid by money order, cashier's check, or attorney trust account check and be valid for 120 days from the date of its issuance.. The civil penalty shall be made payable to the Florida Elections Commission and sent to 107 West Gaines Street, Collins Building, Suite 224, Tallahassee, Florida , as a condition precedent to the Commission's execution of this Consent Order Respondent hereby agrees and consents to the terms of this Consent Order on J- /J-1;/,2014 c::::- -.~--12- Judith~ 91M ll;tfljt4 -~ Landings Blvd Greenacres, FL The Commission staff hereby agrees and consents to the terms of this Consent Order on _µ_'----=-0\~u~w~.---\ 9+---' 2014 Amy McKee er Toman, Executive Director Florida Electio. Com;nission I 07 West Gaines Street Collins Building, Suite 224 Tallahassee, FL c _ o oos o 0108)
4 Approved by the Florida Elections Commission at its regularly scheduled meeting on '""---"<--' 2014 /. '"" Ti Holladay, Chairman Florida Elections Commission Copies furnished to: Amy McKeever Toman, Executive Director Judith Dugo, Respondent Rochelle Gaenger, Complainant C_o 005 (10/08)
5 forije ORDER "
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