FLORIDA ELECTIONS COMMISSION CASE REPORT Case Number: FEC-U-lS8
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1 FLORIDA ELECTIONS COMMISSION CASE REPORT Case Number: FEC-U-lS8 NAME: I DWIGHT M. BULLARD DATE APPEAL RECEIVED: DATE HEARING REQUEST RECEIVED: nja DATE REpORT DUE: (2011 TR) DATE OF ELECTRONIC RECEIPT: 2/3/11 DATE FILING OFFICER RECEIVED REpORT: 2/3111 NUMBER OF DAYS LATE: 3 AMOUNT OF FINE: $ CANDIDATE [x] PC [ ] CCE [] POLITICAL PARTY r 1 STATE [x] DISTRICT [ ] COUNTY [ ] CITY r 1 FINE BASED ON: (3) NUMBER OF DAYS (.. ) 25% OF RECEIPTS (x) 25% OF EXPENDITURES TOTAL RECEIPTS FOR REpORTING PERIOD: $11, TOTAL EXPENDITURES FOR REpORTING PERIOD: $17, DATE OF FIRST NOTIFICATION: Failure to file letter dated 2/2/11 SUMMARY: Dwight M. Bullard was a candidate for State Representative, District 118 in the 2010 elections. Representative Bullard was his own treasurer. Representative Bullard submitted an appeal dated 4/21111 "for the purpose of excusing and/or limiting incurred fines that resulted from the 2010 election cycle." Commission staff interviewed Representative Bullard by telephone on Representative Bullard stated that serving as his own treasurer and being an active candidate made it difficult for him to timely file his report.. Representative Bullard did not provide any further information to support his appeal. This case has the same fact pattern as FEC PRlOR CASES: Representative Bullard has not had any prior cases before the Commission.. FECACTION: FINE DUE: $ DATE: TlMELYFILED: YES No UNUSUAL CIRCUMSTANCES: YES No WAIVER: PARTIAL FULL UCREASON: Aut047 (11108) FINE INCORRECTLY CALCULATED: YES No INITIALS:
2 From The Desk Of Dwight M. Bullard J_ Florida Division of Elections R. A. Gray Bldg. Room S. Bronough Street Tallahassee, FL April 21, 2011 To Whom It May Concern: I am writing this appeal letter as a written request to the Florida Division of Elections for the pllljiose of excusing and! or limiting incurred fines that resulted from the 2010 election cycle. Sincerely, c: Florida Elections Commission -r-~48:2 Robinson Street I Miami. Florida , ~ '-'- ---
3 FLORlDA DEPARTMENT OF STATE Kurt S. Browning Secretary of State DIVISION OF ELECTIONS February 14, 2011 The Honorable Dwight M. Bullard Candidate for State Representative, District Robinson Street Miami, FL Dear Representative Bullard: Your termination report, which was due January 31, 2011, was not filed until February 3, Accordingly, you are fined in the amount of$ The fine must be paid to the Division of Elections within 20 days of receipt of this notice unless appealed to the Florida Elections Commission. Please note that as a candidate, the fine is not an allowable campaign expenditure and must be paid from personal funds" If you wish to appeal the fine, you must submit a notice of appeal to the Commission within 20 days of the date of the receipt of this notice. (See Rules 2B-1.005, 2B and 2B , F lorida Administrative Code.) The Florida Elections Commission's address is 107 West Gaines Street, Suite 224, Tallahassee, Florida Please send a copy of your notice of appeal to the Bureau of Election Records at the address listed below. I f you have any questions, please contact us at (850) Sincerely, Al~~-~ Kristi Reid Bronson, Chief Bureau of Election Records The R A Gray Building-Room South Bronough Street Tallahassee FL (850) FAX: (850) WWW Address: E- Mai/. DivElections(aJdos stalejl.us
4 FLORIDA DEPARTMENT OF STATE Kurt S. Browning Secretary of State DIVISION OF ELECTIONS February 2,2011 The Honorable Dwight Bullard Candidate for State Representative, District Robinson Street Miami, FL Dear Representative Bullard: Your campaign treasurer's report, which was due January 31, 20 II, has not been received. Section (8)(b), Florida Statutes, requires that the filing officer immediately notify you of the failure to file said report, The fine for tennination reports for candidates, shall be $50 per day for each late day, not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report. Once your report is filed, this office will notify you of the specific amount of your fine. Fines must be paid to the filing officer within 20 days of receipt of the payment due notice. Please be advised, however, that failure to file a campaign treasurer's report may constitute a violation of Chapter 106, Florida Statutes, independent of the automatic fine violation referenced above. Therefore, if you fail to file a report, the division will turn the matter over to the Florida Elections Commission. If you have any questions, please do not hesitate to contact Erika Bowen at (850) Sincerely, ~~&-- KrJ Reid Bronson, Chief Bureau of Election Records The R A Gray Building-Room South Bronaugh Street Tallahassee FL _ (850) FAX: (850) WWW Address: _ E,Mail. DivElections(aJdos.statejl.us
5 Candidate Tracking system- Florida Division of Elections-' Department of State Page 1 of 1 Florida Department of State Room 316, R A Gray Building 500 South Bronaugh Street Tallahassee, FI (850) Division Elections of Candidate T'racking Spdern 2010 General Election State Representative District 118 Dwight M. Bullard Democrat Incumbent Address Campaign Treasurer Robinson Street Dwight Bullard Miami, FL Robinson Street Miami, FL Phone: Status: Elected Date Filed: 02/06/2009 Date Qualified: 06/17/2010 Method: Paid Qualifying Fee Campaign Finance Activity Campaign Documents 6/
6 4/25/2011 Account: STR Filed Reports for Elec ID: GEN Dwight M. Bullard.._---_._ _-----_....._--_. Report: (1) Due: 4/ Submitted Treasurer 4/ Dwight BuUard Report: 2009 Q2 (2) Due: 7/ Submitted Treasurer 7/8/2009 Dwight Bullard From: To: 3/31/2009 Appoin~ed 2/6/2009 Page 1..--"... --" ~ " ,~---~... _---_._----- Withdrew -----_._ From: 4/ To: 6130/ _--_.. _---_.. _---"-..., _.. _ _ _--'"'-'"-_._. _ Report: 2009 Q3 (3) Due: 10/13/2009 Submitted Treasurer 10/13/2009 Dwight BuUard ~--- Report: 2009 Q4 (4) Due: 1111/ , " ~-.:-.-.:... Amd: N Cmplt: COM Web Data Entry Filed: FIL 4/l1J200911:54:29 P Reviewed: ADD 4/ :52:25 A Web Filed _._----.; _----._ _.--_._._ _ _ Amd: N Cmplt: COM Filed: FIL 7/ :53:07 A Reviewed: AUD 7/ :31:44 P Appointed Withdrew Entry Method. File Method Chair PIN Web D;t~-E~~Y W~bFiled :vs/2009 2/6/ _.-'--'---_._._--- From: 111!2009 Amd: N Filed: FIL 10/13/200912:54:54 To: 9/ Cmplt: COM Reviewed: ADD 10/15/200910:43:]6 4-,--,PP,-o_l_ n_te_d W, it_hd!,.l!.!!,-,. E~~x et!!q.r! 2/6/2009 Web Data Entry Web Filed 10/13/2009 From: 10/ To: 12/31/200 Amd: N Cmplt: COM.... f!.le Me!!!f!.t!:..... ~ ~!!.f!:.!!._!.in. Filed: FIL 1/ :34:20 P Reviewed: AUD 1/11/20102:32:47 I.' S ttbmitted Treasurer _ _.._..._._. -::1.1! l!inted Withdrew Entry Method File Method Chair PIN 1/ Dwight Bullard 2/6/2009 Web Data Entry Web Filed _..,._... _."..-'--'----'-''''-'---'~~' '~ -'-'-_.-'.;...;...._..,._.._._... _..~"..... _~._,~c,."'_-_."_.'-'--'..;._... ~ _' '_'_' '~._.,."_;..... ~_. Report: 2010 Q1 (5) From: Amd: N Filed: FIL 4/10/20106:54:16 P Due: 4/12/2010 To: 3/ Cmplt: COM Reviewed: ADD 4/14/ :l3:51 A Submitted T._r_ea_s_u_re_r.. _..!:'-ppointed."'-"..,.--w,_ _it_h_d_re~w_--,-e_ll_tr~y_~_et_h_o_d F._I_"[e_m_!f,_e_th_o_d C_h_a_ir_P_'L_N"_ 411 0/20 10 Dwight Bullard 2/6/2009 Web Data Entry Web Filed 4/10/ :.--.-~ ; "' : ".-"""~"... ~-"... "~""~-" ;.... ~... ".~~ Report: 2010 F1 (6) Due: 7/23/2010 Submitted Treasurer 7/23/2010 Dwight Bullard 8/5/2010 Dwight Bullard _._.._---_...._.-._..... From: 4/1/2010 To: 7/16/2010 Amd: Y Cmplt: INC ~---'-' ' '-,.,._... _---- Filed: Reviewed: AMD 7/23/ :12:13 P AUD 41l9/201111:00:15 A Appointed Withdrew. Entry Method File Method Gltair PIN ~ /6/2009 Web Data Entry Web Filed 7/23/ /2009 Web Data Entry Web Filed 8/5/2010 Report: 2010 F2 (7) From: 7/17/2010 Amd: N Filed: FIL 8/ :30:15 P Due: 8/6/2010 To: 7/30/2010 Cmplt: COM Reviewed: ADD 8112/20108:43:14 A Submitted Treasurer Appointed Withdrew Entry Metl!.f!_a.... file Meth~_d C!!:.air P_'IN_' _ _._ "--"-- 8/6/2010 Dwight Bullard 2/6/2009 Web Data Entry Web Filed 8/6/2010
7 4/25/2011 9/28/2010 Dwight Bullard Filed Reports for Elec ID: GEN Account: 50321, STR Dwight M. Bullard --_._..,----,----_._--_._- Report: 2010 F3 (8} Due: 8/ From: 7/31/2010 To: 8/ Amd: Y Cmplt: COM Filed: Reviewed: FIL ADD 8/20/20107:01:39 P 10/6/201010;06:08 A Submitted Treasurer App.qi!ltetl...._.!!!H'-~drew Entry M,_e_th_o_d F_il_e_M._e_th_o_d C_'h_a_i_r_P_'lN_ 8/20/2010 Dwight Bullard 2/6/2009 Web Data Etrtry Web Filed 8/20/ ,.._."_.._..,..,,.,--_...,.,,_.._.-.._ Report: 2010 G1 (9) Du~: Submitted Treasurer 9/28/2010 Dwight Bullard 10/22/2010 Dwight Bullard.. _,_...,--- 2/ Web Data Entry Web Filed 9/28/2010 From: 8/20/2010 To: 9110/2010 Amd: Y Cmplt: COM Filed: FIL 9128/ :58:55 A Reviewed: A VI) 10/22/20 I 04: 36:02 P Page 2 Appointed Withd,ew EntlY Method File Method Chair PIN ,,-..,...,,-.,~-~-~--'-~~ ,- 2/6/2009 Web Data Entry Web Filed 9/28/2010 ' _----,.-.--, 2/6/2009 Web Data Entry Web Filed 10/22/2010 Report: 2010 G2 (10) Due: 10/ Subl'nitted TreasUrer 10/4/2010 Dwight Bullard _'.._'_-..._,._,--'-- Report: 2010 G3 (11) Due: 10/15/2010 Submitted 10/lS/20l0 Treasurer --- Dwight Bullard " ,.. ~.".-.--,,. Report: 2011 TR (12) Due: 1/ Submitted Treasurer 2/31201 ] Dwight Bullard From: 9/11/~010 To: 9/24/2010 Amd: N Cmplt: NOIl Appointed Withdrew Entry Method ~~ ~--~ 2/6/2009 Web Data Entry From: 9125/2010 To: 10/8/io10 Atnd: N Crnp!t: COM ".--:-""-~""'-."-"-~ Filed: FIL 10/4/20103:50:16 P Reviewed: AUD 10/4/20103:S0:16P File Method Web Filed Chair PIN 10/4/2010 ~",".,..-"..,...--~ ''''''---~.. ~~~---'-- Filed: FIL 1 O!l 5/2 0 l(j 11:38:18 Reviewed: AVD 10/ :3 7:07."_."'" AfJP.l!.!t!:!!..q.,...!f~~~t!!~~...!!.'!!.!E.!Yletho._d F...:..l_ le_m_e_th_o~d.. C},_la_ir_P IN _ 2/6/2009 Web Data Entry Web Filed 10115/2010 From: 1019/2010 To: Arnd: N CmpIt: INC Filed: FIL 2/3/2011 2:59:58 PM Reviewed: Al)D 213/20112:59:58 PM Appointed Withdrew Entry Method._...!!!~f!... _M._e~~..:...o d C_'h_al_ r_p_'1_'n_ 2/6/2009 Web Data Entry Web Filed 2/3/2011
8 ~-"-~---.~ ~ FLORIDA DEPARTMENT OF SrATE, DIVISION OF ELECTIONS CAMPAIGN TREASURER'S REPORT SUMMARY (1 ) Dwight M._ Bullard Candidate, Committe or Party Name -~ ; (2) _._._-._--- In. Number (3) Robinson Street Miami FL _._--_._---,, "~~---. ~.--.- Address (number and street) City State Zip Code o Check box if address has changed since last report (4) Check appropriate box(es): ~ 0 Candidate (office sought): Political Committee o Check If PC has DISBANDED D Committee of Continuous Existance D Check If CCE has DISBANDED 0 Party Executive Committee (5) REPORt IDENTIFIERS Cbver Period: From 10/09/2010 To 01/31/2011 Report type: TR ~ Original o Amendment D Special Election Report (6) CONTRIBUTIONS THIS REPORT (7) EXPENDITURES THIS REPORT Cash & Checks $11, Monetary Expenditures $17,70966 Loans $0_00 Transfers to Office Account $000 Total Monetary $11, Total Monetary $17,70966 In-Kind $000 (8) Other Distributions Certification It is a first degree misdemeanor for any person to falsify a public record (ss839 13, F S ) I certify that I have examined this report and it is true, correct and complete I certify that I have examined this report and it is true, correct and complete _---_ "--.~---" ;...-~--.--;.....,...: :; : ; Name of D Treasurer D Deputy Treasurer Name of ~ Candidate o Chaiman (PC/PTY Only X, X.._..._-_._, --- Signature Signature _-_.. _--_._--. _.- ---_ _._ Prepared on: 4/25/11 4:5B:17PM Reviewed On: 213/11 2:59 pm
9 4/25/2011 Account: Rpt Seq: 12 Queued Items for 2011-TR STR 118 Dwight M. Bullard Page 1 ProcessDescription Create Pending Report Status Processing Complete Submitter Created 1/ :26:52 PM LastUpdate 1131/2011 9:26:52 PM File Pending Report Processing Complete /3/20112:59:58 PM 2/3/2011 3:00:00 PM
10 FEC,- Candidate/Committee Piling History Report Page 1 of 1 Florida Department of State., Division of Elections Car1cHdatefCororninee Lookup Candidate Name: Dwight M, Bullard Giame: Account: 50321, Eleclicn: Deie Due Date Flied Status! ete Flf1e Amount!\mount j\ssessed Fined PakJ 1/31/2011 TR 2/3/2011 APP 3 $150,00 $150,00 $0,,00 i\,.,c"\,~. r==~ nv~l ) /29/2010 G4 FEC 10/15/2010 G3 10/15/2010 Typs: ICa;dTd~t~ $0,00 $0,00 $0,00 10/1/2010 G2 10/4/2010 CLO 3 $0,00 $0,,00 $0,00 9/17/2010 G1 9/28/2010 APP 11 $2, $2,555,72 $0,00 8/20/2010 F3 8/20/2010 8/6/2010 F2 8/6/2010 7/23/2010 F1 7/23/2010 4/12/ /10/2010 1/11/ /11/ /13/ /13/2009 7/10/ /8/2009 4/10/ /11/2009 CLO $50,00 $50,,00 $50,00 AcctNum=50321 &cboelection=&c... 6/29/2011
11 HISTORY NOTES Dwight M, Bullard Unique ID Date Recorded Last Edited Date Orginally Recorded By Rec'd visit from Rep Bullard: 4/8/ :33:00 PM 4[18/2011 1:10:57 PM taholdeen Received a visit from Rep" Bullard today (around 12:30pm)" Apparently his fatlier signed for a certified letter from us, and Rep. Bullard wanted to know what it was all about. I gave him copies of everything I mailed in that certmed envelope: Final Notices mailed 4/5/11 certified mail # for: incomplete audits for 2010 F1 report, and 2011 TR report; 2010 G1 Fine for $2,55572, and failure to file 2010 G4 report 2nd notice was also sent certified (since it went with the above mentioned letters) for the Fine for Termination Report of $150, he received a copy of this letter as well He asked me abovt whether there was any kind of 'forgiveness' with response to the $2555,72 fine, and I told him he could appeal the file with FEe, I also told him he has 20 days from the date 6f that letter, so if he was going to appeal the fine, he needed to do so soon, I also asked him to please send Us a copy of the appeal, if in fact he was going to appeal it, so we'd stop sending him letters regarding that particular appeal.. I showed him on the copy of the letter where to send his appeal to aslfilell I told him to take a look at the letters, and if he had additional questions, to call me, but all of this needed to be handled asap., , ,-- -,-, Final Notices mailed: /5/ :22:00 AM taholdeen Final Notices mailed 4/5/11 certified mail # for: incomplete audits for 2010 F1 report, and 2011 TR report; 2010 G1 Fine for $2,555.72, and failure to file 2010 <34 report 2nd notice was also sent certified (since it went with the above mentioned letters) for the Fine for Termination Report of $150. All will be mailed today, _ ,--._' ,-_._, /20/ :35:00 PM ebowen RE: 2010 F1 Incomplete Audit & 2010 G1 Fine 12:36 - (305) I spoke with Mario, Rep Bullards Assistant I was given a personal fax number and tm office fax, the office fax is (350) and Rep. Bullards personal fax number is (305) I faxed copies of the documents to both riumbers and asked Mario to cofirm receipt of the fax sent to Rep.. Bullards office., Page 1 of3 4/25/2011
12 HISTORY NOTES Dwight M" Bullard UniqueID Date Recorded Last Edited Date Orglnally Recorded By :49:00 PM ebowen RE: 2010 G4 FF & G1 Fine sent to Rep.. Bullard, state and personal address dwight bu gov & com The [)ivision has attempted to contact you via mail and telephone and have received no response The 2010 <31 campaign treasurer's report was not timely filed" Accordingly, you have been firied in the amount of $2, Also, the 2010 G4, due on October 29, 2010 has not been received. I have attached the fine letters and failure to file letiers that were mailed to you previously, regarding each report To avoid further action, contact me upon receipt of this e mail to discllss payment of the assessed fines and the unfiled report. Thanks, Erika Bowen Division of Eleelions (850) RE: 2009 Q1 Fine 6/23/ :03:00 AM ebowen Spoke with: Mario (305) I told Mario that I had spoken to Rep. Bullard last week and had not received the $50 fine payment Mario said that he would send Rep" Bullard a message to return my call RE: 2009 Q1 Fine 6/15/ :42:00 AM ebowen Spoke with: Mario 10:46 (305) I told Mario that Rep.. Bullard had an oustanding fine of $50 that needed to be payed or apealed.. Mario said that he would contact Rep. Bullard and give him the message _._-_.._---_..._ RE: 2009 Q1 Fine 6/9/ :26:00 AM ebowen... _-_.. _- Spoke WITh: Crystal 10:26 (305) I left a message for Rep. Bullard to retum my calf regarding the outstanding fine" Page 2 of3 Repi"esentative BuHard /
13 HISTORY NOTES Dwight M. Bullard Unique 10 Date Recorded L.ast Edited Date Orginally Recorded By /20/ :30:00 AM ebowen RE: 2009 Q1 Fine LM on Rep.. Bullards, (305) I also sent an to his personal address regarding the outstanding fine (d280b@yahoo com) _._...._.._._..._ /20/ :30:00 AM ebowen -_...._._ /9/ :57:00 AM Ibelvin RE: OS DE 9 and OS-DE 84(faxed copies) Jack called and left a message explained that we needed origianl forms in our office :59pm I spoke with Rep Bullard to make sure that he had receieved out message from Jack about needing origianl form in our office He said that he did and he was in Tallahassee so he will come into the office arid file his appointment paperwork. Receieved forms (DS-DE 9 and 84) -----_ _... _ Page 3 of3 4/25/20i1
14 Respondent: Dwight M. Bullard FLORIDA ELECTIONS COMMISSION PHONE LOG Case No.: FEC Complainant: Division of Elections 1. Date and time: July 19, 2011; 3:43 p.m. Name: Respondent Phone #: called me Summary: R stated he wished to clear up all matters before the Commission. I asked R about his unusual circumstances that led to the untimely filing of his report. R stated that he served as his own treasurer and trying to balance that with being an active candidate was difficult. R stated the day he filed the report was probably the first chance he had to sit down and file. With respect to the TR, R stated he was commuting back and forth to Tallahassee at that time and could not get to a computer. Memo to File? No Entered by: ta 2. Date and time: Name: Phone #: Summary: Memo to File? No Entered by: 3. Date and time: Name: Phone #: Summary: Memo to File? No Entered by: 4. Date and time: Name: Phone #: Summary: Memo to File? No Entered by: 5. Date and time: Name: Phone #: Summary: Memo to File? No Entered by: invool (10/07)
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