STATE OF FLORIDA. STATE ljf FLtJRifh\ FLORIDA ELECTIONS COMMISSIONELECT!ON;; COl'IN!SS!ON FINAL ORDER APPEARANCES

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1 13 AUG29 AM!0:21:.j STATE OF FLORIDA STATE ljf FLtJRifh\ FLORIDA ELECTIONS COMMISSIONELECT!ON;; COl'IN!SS!ON Florida Elections Commission, Petitioner, v. Lonnie Thompson, Respondent. I Agency Case No.: FEC F.O. No.: FOFEC W FINAL ORDER THIS CAUSE came on to be heard at an informal hearing held before the Florida Elections Connnission ("Commission") on Augnst 14, APPEARANCES For Commission For Respondent Eric Lipman General Counsel 107 W. Gaines Street Collins Building, Suite 224 Tallahassee, FL No Appearance STATEMENT OF THE ISSUE Whether the Respondent violated Section (1), Florida Statutes, as alleged in the Connnission's March 1, 2010 Order ofprobable Cause. PRELIMINARY STATEMENT On January 30, 2009, the Commission received a referral alleging violations of Florida's election laws. Staff of the Commission conducted an investigation to determine whether the facts alleged in the complaint constituted probable cause to believe that the Respondent violated FEC Final Order

2 The Florida Election Code. On December 16, 2009, staff drafted a Staff Recommendation recommending to the Commission that there was probable cause to believe that The Florida Election Code was violated. On March I, 2010, the Commission entered an Order of Probable Cause finding that there was probable cause to charge the Respondent with the following violation: Count 1: On February 2, 2009, Respondent violated Section (1), Florida Statutes, when the Respondent failed to file his termination campaign report listing the disposition of surplus campaign funds within 90 days after the Respondent withdrew, became unopposed, was eliminated or elected. The Respondent failed to request within 30 days after the date of the filing of the commission's allegations, to have a formal administrative hearing conducted by an administrative law judge in the Division of Administrative Hearings. Therefore Respondent was noticed to appear for an informal hearing before the Commission on August 14, FINDINGS OF FACT 1. The Respondent was a candidate for the House of Representatives, District 38, in the 2008 elections. 2. Respondent filed his State of Florida Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates form with the Division of Elections ("Division") on June 18, As a candidate for the House of Representatives, Respondent was required to file his campaign reports with the Division of Elections. On June 19, 2008, Kristi Bronson, Chief of the Bureau of Election Records, Division of Elections, sent Respondent a letter advising him that all candidates filing reports with the Division are required to use the electronic filing system (EFS), and provided Respondent with his user identification number and initial password

3 allowing him access to the EFS. 4. Respondent was defeated in the November 2008 General Election. On November 18, 2008, the Division sent Respondent a memo that his Termination Report from the 2008 election was due no later than February 2, Respondent failed to file his termination report on or before February 2, On February 3, 2009, and February 17, 2009, the Division sent Respondent notices that it had not received his Termination Report for the 2008 election. 6. On or about April 21, 2009, Erika Bowen from the Division spoke with Respondent and informed Respondent that his termination report had not been filed. Respondent still did not file the report. 7. On October 7, 2009, the!investigator, Tracie Aulet, spoke with Respondent about his missing report. Respondent told Ms. Aulet that he knew he needed to file the report. Respondent claimed that he did not have his password even though a Division employee had instructed him how to receive his password so he could file the report. 8. Despite receiving two written notices and being reminded to file his report twice by phone, Respondent has not filed his termination report. 9.. Respondent's failure to file his Termination Report from the 2008 election was willful. Respondent knew, or should have known that he was required to file his Termination Report no later than February 2, CONCLUSIONS OF LAW 1. The Commission has jurisdiction over the parties to and subject matter of this cause, pursuant to Section , Florida Statutes. 2. Respondent's failure to file his Termination Report from the 2008 election was willful. Respondent knew, or should have known that he was required to file his Termination

4 Report no later than February 2, The Respondent committed one count of violating Section (1), Florida Statutes, he failed to file his 2009 Termination Report from the 2008 election by February 2, In determining the amount of the civil penalty, the Commission considered the mitigating and aggravating circumstances set forth in Section , Florida Statutes. ORDER WHEREFORE the Commission finds that Respondent has violated Section (1), Florida Statutes, on one occasion and imposes a fine of $1000 for the violation. It is thereupon, ORDERED and ADJUDGED that Respondent shall remit a civil penalty in the amount of $1000. The civil penalty shall be paid by money order, cashier's check or attorney's trust account check payable to the Florida Elections Commission, and sent to 107 W. Gaines Street, Collins Building, Suite 224, Tallahassee, Florida, , within 30 days of the date this Final Order is received by Respondent. DONE AND ORDERED by the Florida Elections Commission on August 14, Copies furnished to: Eric Lipman, General Counsel Lonnie Thompson, Respondent (certified mail) Division of Elections, Filing Officer FEC 12~257 Final Order

5 ' ' NOTICE OF RIGHT TO APPEAL This order is final agency action. Any party who is adversely affected by this order has the right to seek judicial review pursuant to Section , Florida Statutes, by filing a notice of administrative appeal pursuant to Rule , Florida Rules of Appellate Procedure, with the Clerk of the Florida Elections Commission at I 07 West Gaines Street, Suite 224, Collins Building, Tallahassee, Florida , and by filing a copy of the notice of appeal with the appropriate district court of appeal. The party must attach to the notice of appeal a copy of this order and include with the notice of appeal filed with the district court of appeal the applicable filing fees. The notice of administrative appeal must be filed within 30 days of the date of this order is filed with the Commission. The date this order was filed appears in the upper right-hand comer of the first page of the order.