ORDER OF NO PROBABLE CAUSE. After considering the Statement of Findings and the recommendations of counsel, the

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1 FIL.ED STATE OF FLORIDA 03 FEB 28 PM 3: 40 FLORIDA ELECTIONS COMMISSION STATE OF FLORIDA ELECTIONS COMMISSION In Re: Blair Ciklin Case No.: FEC F.O. No.: DOSFEC W ORDER OF NO PROBABLE CAUSE THIS CAUSE came on to be heard by the Florida Elections Commission at its regularly scheduled meeting held on February 20, 2003, in Miami, Florida. After considering the Statement of Findings and the recommendations of counsel, the Commission finds that there is no probable cause to believe that the Respondent violated: Section (4, Florida Statutes, prohibiting a person from making, soliciting, or knowingly accepting any political contribution in a building owned by a governmental entity. Therefore, it is ORDERED that this case is DISMISSED. DONE AND ENTERED by the Florida Elections Commission and filed with the Clerk of the Commission on February 28, 2003, in Tallahassee, Florida. Susan A. MacManus, 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. P _COO? (I/98

2 (} ( Copies furnished to: Phyllis Hampton, General Counsel Blair Ciklin, Respondent Rafael Rondon, Complainant Supervisor of Elections, Pahn Beach County, Filing Officer Attachment: Statement of Findings ( P _ C007 (1/98

3 ( ' FLORIDA ELECTIONS COMMISSION STATEMENT OF FINDINGS Case Number: FEC Respondent: Blair Ciklin Complainant: Rafael Francisco Rondon On April 26, 2002, 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 of law contained in the Complaint, the Report of Investigation, and this statement, the staff recommends that there is no probable cause to charge the Respondent with violating: Section ( 4, Florida Statutes, prohibiting a person from making, soliciting, or knowingly accepting any political contribution in a building owned by a governmental entity. Summary of Facts and Conclusions of Law. ( 1. Respondent is the chairman of the Port of Palm Beach District. Respondent has been a Palm Beach Port Commissioner for 24 years. He was a candidate for re-election in the 2002 election. On September 10, 2002, he won the election; he received 54.29% of the vote. 2. Complainant is also a member of the Port Commission. I. Section (4, Florida Statutes: 3. The Commission staff investigated whether the Respondent violated this section of the election laws by soliciting political contributions in a building owned by a governmental entity. 4. According to Complainant, Respondent solicited a campaign contribution by giving a contribution card to a vendor, Mr. Kruller, who was visiting in a governmental office building. Complainant acknowledged that he did not personally witness the alleged incident. 5. Complainant submitted a sworn statement from Mr. Krull er with the original complaint. Mr. Kruller's statement reads, I presented myself to the receptionist at the PPB [Port of Palm Beach] offices at approximately 3:00 PM on December 26, 2001, and stated my business. The receptionist contacted someone within the offices and Ms. Kenyatta Lee, along with another female Port employee, came to the lobby and presented me a check Sol1ll 1 (8/02 1

4 ', /,- ' ' for $350, as well as the normal "Receipt of Check" document. After I executed the receipt, Ms. Lee stated that Commissioner Ciklin had requested that she give me several items. The items consisted of a personal note from Commissioner Ciklin wishing holiday greetings, written on the back of a "Re-elect Blair Ciklin" card; a self-addressed, pre-printed envelope designed to be used to respond in indication of one's support of Commissioner_ Ciklin's campaign; and a 2002 monthly planner with "Re-elect Blair Ciklin" imprinted on the cover. 6. Commission staff received a written response from Respondent on September 23, Respondent stated, "I have been a Port Commissioner for 24 years. In that time, I have not solicited, nor do I have any knowledge of anyone soliciting on my behalf, political contributions in a public building... I believe this complaint is politically motivated by Mr. Rondon who was supporting my opponent in the September 10, 2002 election." 7. Respondent also submitted an affidavit by Ms. Kenyatta Lee. The affidavit reads, / - \ On December 26, 2001, I did not see or speak to Dick Krull er from Gimrock Construction. I did not forward any information pertaining to Commissioner Blair Ciklin' s re-election. 1 was not 1 present at the Port's Administration Office at the time Mr. Kruller states that I allegedly forwarded the information to him. 8. On November 20, 2002, commission staff interviewed Ms. Lee by telephone. Ms. Lee explained that she did not maintain a time record that could verify the exact time she left the office. She stated she remembers the day because it was the day after Christmas and she was pregnant. She stated she recall leaving early that day because she was not feeling well. She provided commission staff with a leave request form that indicated she took an hour and a half sick leave on December 26, Commission staff interviewed Mr. Glen Dias by telephone on September 25, (Complainant listed Mr. Dias as a possible witness. Mr. Dias stated that he was not aware of whether Respondent distributed any campaign literature inside a governmental building. He stated that he asked another Port employee, Mr. Fawcett, to speak with Respondent about the leaky roof in his warehouse. Mr. Dias stated that Mr. Fawcett informed him that Respondent commented that he (Mr. Dias had not contributed to his campaign. Mr. Dias stated that he interpreted that to mean if he wanted his roof repaired, he should make a contribution. Mr. Dias submitted a notarized letter that reiterated the telephone interview. 10. Mr. Fawcett submitted a written statement on October 29, He did not have any information regarding the allegation that Respondent solicited campaign contributions inside a governmental building. Mr. Fawcett's written statement reiterated the information shared by Mr. Dias during the telephone interview. 11. According to the filing officer, Respondent is not a first-time candidate. The filing officer indicated that Respondent was initially elected to office in The filing officer soro11 (8/02 2

5 related that Respondent was re-elected after each four-year term. On July 2, 2001, Respondent signed a Statement of Candidate indicating that he has received, read and understood the requirements of Chapter I 06, Florida Statutes. 12. Commission staff interviewed Respondent on November 18, 2002 by telephone. Respondent denied soliciting contributions in a governmental building. He stated that the allegations made by Mr. Kruller and Mr. Dias were "politically motivated" and totally untrue. He stated thatms. Lee was not at the Port office on the day of the alleged incident with Mr. Kruller, she was out for a doctor's appointment. II. Conclusion. 9. While the Respondent may have violated Section (4, Florida Statutes, there is conflicting evidence, and I am unable to recommend to the commission that it find probable cause in this case. Respectfully submitted on December 11, 2002 Copy furnished to: Barbara M. Linthicum, Executive Director Margie B. Wade, Investigator Specialist SofUl 1 (8/02 3

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSI~ MAY 20 PM 3: 18. In Re: Randy Johnson Case No..: FEC I F.. O. No.

' I STATE OF FLORIDA FLORIDA ELECTIONS COMMISSI~ MAY 20 PM 3: 18 STATE Of f:lorida ELECTIONS COMMISSION In Re: Randy Johnson Case No..: FEC 01-281 I F.. O. No.: DOSFEC 02-077 W ORDER OF NO PROBABLE CAUSE