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1 ' 13 l'il!h /Q '.~, -v P11 2: 08 STATE OF FLORIDA :;r1\te Fl n'h:,\ FLORIDA ELECTIONS COMMISSIONELECT!OfiS COrf;i/'ss]or; In Re: Harvey Busch Case No.: FEC ~' F.O. No.: FOFEC W CONSENT FINAL ORDER The Respondent, Harvey Busch ("Respondent"), and the Florida Elections Commission ("Commission") agree that this Consent Order resolves all of the issues between the parties in the above case. The parties jointly stipulate to the following facts, conclusions of law, and order: FINDINGS OF FACT 1. On or about September 6, 2012, a complaint was filed with the Commission alleging that Respondent violated the Florida Election Code. 2. The Respondent has expressed a desire to enter into negotiations directed toward reaching a consent agreement in order to avoid further cost, expenses, and time. 3. The Respondent and the staff stipulate to the following facts: a. The Respondent was a candidate for Sunny Isles Beach Commissioner, Seat 3, in the 2012 election cycle. b. The Respondent certified that his 2012 Q 1 and 2012 Q2 Reports were true, correct, and complete when they were not c. Respondent's 2012 Q I Report was filed with missing complete address information for some of the payees, and the expenditure column lacked the proper identification codes. d. Respondent's 2012 Q2 Report was filed with incomplete addresses, and the expenditure type column lacked the proper identification codes.
2 ' ' () e. The charge against Respondent for violating Section (l)(a), Florida CONCLUSIONS OF LAW 4. The Commission has jurisdiction over the parties to and subject matter of this cause, pursuant to Section I 06.26, Florida Statutes. 5. Section (4)(i)3., Florida Statutes, allows the Commission to approve a consent agreement with a Respondent prior to the Commission finding probable cause that a violation of the election laws occurred. The consent agreement has the same force and effect as a consent agreement reached after the Commission finds probable cause. 6. The charge against Respondent for violating Section (l)(a), Florida 7. The Commission staff and the Respondent stipulate that staff can prove the facts in paragraph three above and to the Commission's ability to impose a civil penalty against Respondent in this case. ORDER 8. The Respondent and the staff of the Commission have entered into this Consent Order voluntarily and upon advice of counsel. 9. The parties shall each bear its own attorney's fees and costs that are in any way associated with this case. I 0. The Respondent understands that before the Consent Order is final agency action, it must be approved by the Commission. The Commission will consider the Consent Order at its next available meeting. II. The Respondent voluntarily waives the right to any further proceedings under 2
3 , ' C! Chapters 104, 106, and 120, Florida Statutes, and the right to appeal the Consent Order. 12. This Consent Order is enforceable under Sections and , Florida Statutes. The Respondent expressly waives any venue privileges and agrees that if enforcement of this Consent Order is necessary, venue shall be in Leon County, Florida, and Respondent shall be responsible for all fees and costs associated with enforcement. 13. The charge against Respondent for violating Section I 06.19(1 )(a), Florida 14. If the Commission does not receive the signed Consent Order by July 22, 2013, the staff withdraws this offer of settlement and will proceed with the case. 15. Payment of the civil penalty by July 22, 2013, by cashier's check or attorney trust account check that is good for no less than 120 days is a condition precedent to the Commission's consideration of the Consent Order. PENALTY WHEREFORE, based upon the foregoing facts and conclusions oflaw, the Commission finds that the Respondent has violated Section I 06.07(5), Florida Statutes, on two occasions and imposes a fine of$ Therefore it is ORDERED that Section (l)(a), Florida Statutes, is hereby dismissed, and the Respondent shall remit to the Commission a civil penalty in the amount of$350 inclusive of fees and costs, by cashier's check or attorney trust account check that is good for at least 120 days. The civil penalty should be paid to the Florida Elections Commission, and sent to I 07 W. Gaines Street, Collins Building, Suite 224, Tallahassee, Florida,
4 I '1... ) The Respondent hereby agrees and consents to the terms of this Order on -f/-cu~ 0~ Harvey BuScl}t Collins Avenue, #2426 Sunny Isles Beach, FL The Commission staff hereby agrees and consents to the terms of this Consent Order on -+~'-"'~""A=~~'-'1;_,. ~, J aakan Williams - Assistant General Counsel Florida Elections Commission 1 07 W. Gaines Streets Collins Building, Suite 224 Tallahassee, FL A proved by the Florida Elections Commission at its regularly scheduled meeting held on ll3dzj-'"""li L-''-'-.f-<-'-/~ 2013, in Tallahassee, Florida Copies furnished to: JaakanWilliams, Assistant General.CounseL_ JosephS. Gellar, Esq., Attorney for Respondent 4
5 / I J.- -._ CHASEO --~- \, Keep this receipt as a record of vour purchase. \. \ I FQR YQUR PROTECTION SAVE THIS COPY Customer Copy I,CASHIER'S CHECK '. ~ - / Florida 07/10/2013 Remitter HARVEY BUSCH / '--~ Pay To The : FLORIDA: ELECTIONS COMMISSION Order Of Memo:....:.::-... ~... ':'."""'"'"""""""""'""""""""'"""'"""""""" Note: For lnformaitbn only. Comment has no effeefon b&nk's payment. TERMS D"w"' JPMORGAN CHAS.E BANK, N.A.,c NON NEGOTIABl-E KEEP THIS QOPY FOR YOUR RECORD OF THE TRANSACTION.. \$ PL(ASE CONTACT CHA~~ TO REPORT A LOSS OR FOR AN~. OTHER INFO~MATION ABOUT THIS ITEM. ~-~. ~~~' ~~~~! NEW01/0B ,,.;,;H. - A---~E-. {{:_.. ~ _.::. ' _-_. ;riij-' _, _-. _ _.. Remitter..... r /i. \,;,.! _..., P!IY; : (THREE;,H~NDRjO FIFTY ~O~I.ARS AND OQ ~~,9t~'fs., P~-'to Th.{ ~~~RIOA ELEC_fiONS_CrlMMI~_sd~ \',.....; 2./ oriloii'~r (.,' '.. (' -- i. a,j'mct"~~~~ CH~SE_B~>tjK, ~i.a. \- M~ina:-.;/.'~-~--~': - - :::::,_,.,~:;;.~,:.. ;,.)._. L,_;:L Note: F~iin~ilj1a!lon,, ~ommenl has no effect on oonkis\)aymenf '... / L.,..,... I l. '' \.. :.; > ). \, \ I,
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