STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

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1 - '. Q - '.. '~.. j STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION FLORIDA ELECTIONS COMMISSION, PETITIONER, v. MARGARET BELL, RESPONDENT../ AGENCY CASE No.: FEC F.O. No.: DOSFEC CONSENT FINAL ORDER The Respondent, Margaret Bell, and the Florida Elections Commission (Commission) agree that this Consent Order resolves all of the issues between the parties in this case. The parties jointly stipulate to the following facts, conclusions oflaw, and order: FINDINGS OF FACT 1. The Respondent, Margaret Bell, was the treasurer for United Citizens for Old Cutler Bay, Inc., an issues only political committee. 2. On April 11, 2006, the staff drafted a Staff Recommendation recommending to the Commission that there was probable cause to believe that The Florida Election Code was violated. 3. On June 12, 2006, the Commission entered an Amended Order of Probable Cause finding that there was probable cause to charge the Respondent with the following violations: Count 1: On or about November 3, 2005, Respondent violated Section (5), Florida Statutes, by certifying to the correctness of the committee's SF2 CTR that was incorrect, false, or incomplete, when she failed to list the vendor and date of purchase of the yard signs for which Respondent was reimbursed. Faa020 (3/06) 1

2 Count2: During October and November 2005, Respondent violated Section (1)(b), Florida Statutes, when the committee chairman purchased and faile~ to mark prominently the yard signs as a paid political advertisement and to identify the address of the sponsor and Respondent assisted with the disclaimer. 4. On May 26, 2006, the Respondent was served by hand delivery by serving her attorney, Mark Herron, with a copy of the Order of Probable Cause. 5. The Respondent requested a resolution of this matter before the Commission within 30 days of receiving the Order of Probable Cause. 6. The Respondent and the staff stipulate to the following facts: A. The Respondent, Margaret Bell, was the treasurer for United Citizens for Old Cutler Bay, Inc., an issues only political committee, which registered with Miami-Dade County Supervisor of Elections on June 23, The committee's chairman was Priyanshu Adathakkar. The committee disbanded on November 22, The purpose of the committee was to support the proposed municipal Charter and the name Town of Cutler Bay: The election was on November 8, B. The Complainant, Jaime Reyes, is a concerned citizen of the Town of Cutler Bay. Complainant is also a registered voter of Miami-Dade County, having voted most recently in the 2005 municipal election for the Town of Cutler Bay. C. The committee filed its SF2 CTR with the filing officer on November 3, 2005, covering the period from October 1, 2005 through October 20, 2005, rather than October 1, 2005 through October 14, The filing officer did not require the committee to amend this report to correct that error. Respondent, as treasurer, certified that the report was true, correct, and complete. D. Table 1 reflects the expenditure reported by the committee for the purchase of yard signs: 2

3 f Date 10/03/ TABLE 1: COMMITTEE'S SF2 REPORT- ITEMIZED EXPENDITURES ---- Full Name, Street Address & City, Purpose Expenditure Amend. Amount State, Zip Code Type Priyanshu Adathakkar Reimb yard signs MON $ SW 221 st Tenace printing Miami, Florida E. The committee disclosed the purpose of the expenditure as "Reimb yard signs printing." However, the CTR did not disclose the name of the vendor and the date when Respondent purchased the yard signs on behalf of the committee. Section (4)(a)6, Florida Statutes, requires that each report contain the full name and address of each person to whom expenditures have been made on behalf of the committee along with the amount, date and purpose of such expenditure. F. In an affidavit, Respondent stated that she did not recall from whom the chairman purchased the yard signs and that some of her records were destroyed during the hurricane. G. Complainant submitted several pictures of campaign signs that advocated a "yes vote" to name the municipality "Town of Cutler Bay." David Flagg, Investigations Manager, inspected the pictures of the signs with the aid of a magnifying glass and found that the signs failed to contain the correct political disclaimer. The small printing at the bottom of the signs appeared to be an Internet address and telephone number. H. On September 23, 2005, Mr. Adathakkar purchased yard signs for use in a "honk & waive" campaign event and at the voting precincts. The signs were purchased from Don Johnson Signs via the website Mr. Adathakkar paid $499 for the yard signs by using his personal credit card via pay pal on September 23, I. Regardless of when Mr. Adathakkar and Respondent attached the labels to the yard signs, the signs failed to contain a prominently displayed disclaimer. The proper disclaimer should be: Paid political advertisement paid for by United Citizens of Old Cutler Bay, Inc., 9871 SW 221 st Terrace, Miami, Florida J. In an affidavit, the filing officer stated that she provided Respondent with a copy of Chapters 104 and 106, Florida Statutes, a copy Faa020 (3/06) 3

4 of the 2004 Committee Handbook, and a copy of the Calendar of Reporting Dates, but that she did not keep a record of the date the materials were provided. K. In her affidavit, Respondent stated that she was provided a copy of Chapters I 04 and I 06, Florida Statutes, in November 2005, but that she has not received nor has she read the Handbook for Committees CONCLUSIONS OF LAW 7. The Commission has jurisdiction over the parties to and subject matter of this cause, pursuant to Section , Florida Statutes. 8. The Commission staff and the Respondent stipulate that all elements of the offense(s) charged in the Order of Probable Cause can be proven by clear and convincing evidence. ORDER 9. The Respondent and the staff of the Commission have entered into this Consent Order voluntarily and upon advice of counsel. 10. The Respondent shall bear his own attorney fees and costs that are in any way associated with this case. 11. The Respondent understands that before the Consent Order becomes final agency action, the Commission must approve it at a public meeting. After approval, the Consent Order constitutes final agency action of the Commission on the violations listed in the Order of Probable Cause. 12. The Respondent voluntarily waives the right to any further proceedings under Chapters 104, 106, and 120, Florida Statutes, and the right to appeal the Consent Order. 13. This Consent Order is enforceable under Sections and , Florida Statutes. The Respondent expressly waives any venue privileges and agrees that if enforcement 4

5 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. 14. Ifthe Commission does not receive the signed Consent Order within 20 days of the date you received this order, the staff withdraws this offer of settlement and will proceed with the case. 15. Payment of the civil penalty is a condition precedent to the Commission's consideration of the Consent Order. PENALTY WHEREFORE, based upon the foregoing facts and conclusions of law, the Commission finds that the Respondent has violated the following provisions of Chapter 106, Florida Statutes, and imposes the following fines: A. Section (5) Florida Statutes, on one occasion for certifying to the correctness of the committee campaign treasurer's report that was incorrect, false, or incomplete. Respondent is fined $500 for this count. B. Section (1)(b) Florida Statutes, on one occasion for assisting with the publishing of a political advertisement and failing to mark prominently the advertisement as a "pd. pol. adv." or "paid political advertisement" and to identify the sponsor. Respondent is fined $500 for this count. Therefore it is ORDERED that the Respondent shall remit to the Commission a civil penalty in the amount of $1,000, inclusive of fees and costs. The civil penalty shall be paid to the Florida Elections Commission, 107 W. Gaines Street, Collins Building, Suite 224, Tallahassee, Florida,

6 The Respondent hereby agrees and consents to the terms of this Order on on, Esq. Me r, aparello & Self, P.A. P.O. Box 1876 Tallahassee, Flroida Margar tb 9354 S.W. 12 Terrace Miami, Florida The Commission staff hereby agrees and consents to the terms of this Consent Order on '2006. Charles A. Finkel General Counsel Florida Elections Commission 1 07 W. Gaines Streets Collins Building, Suite 224 Tallahassee, FL Approved by the Florida Elections Commission at its regularly scheduled meeting held on August at Tallahassee, Florida and filed with the Clerk of the Commission on.,_5 pl., 2006, in Tallahassee, Florida. ~\..QQAI~ Chance Irvine, Chairman Florida Elections Commission 107 W. Gaines Streets Collins Building, Suite 224 Tallahassee, FL Faa020 (3/06) 6

7 Copies fumished to: Charles A. Finkel, General Counsel Margaret Bell, Respondent Mark Herron, Attorney for Respondent 7

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'I - STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION,..J I J -..._ FLORIDA ELECTIONS COMMISSION, PETITIONER, v. PRIYANSHU ADATHAKKAR, RESPONDENT. ------------------------------~/ AGENCY CASE No.: FEC 05-282