DEFAULT FINAL ORDER. THIS CAUSE came on to be heard before the Florida Elections Commission FINDINGS OF FACT

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Imogen Summers
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1 STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION 00 JUL I l PH 2: 25 Sl},TE n~:... ;LORIDA.- L-tC'TIO i_: ~ c. '110 Gu1'ti'11... ~ '''' ss ov I il In Re: Gerry Goodwin Case No.: FEC F.O. No.: DOSFEC W DEFAULT FINAL ORDER THIS CAUSE came on to be heard before the Florida Elections Commission (Commission) at its regularly scheduled meeting held on May 3, 2000, in Orlando, Florida. FINDINGS OF FACT 1. On February 7, 2000, the staff of the Commission drafted an Amended Statement of Findings, ~ecommending to the Corrimission that there was probable cause to believe that the Respondent violated Section (1), Florida Statutes. 2. On February 14, 2000, the Commission entered an Order of Probable Cause finding there was probable cause to believe that the Respondent violated Section (1), Florida Statutes. 3. On May 17, 2000, the Respondent's counsel was served by certified mail with a copy of the Commission's Order of Probable CalJse to which the Statement of Findings was attached and incorporated by reference. The Respondent's counsel failed to request a hearing before the Commission within 30 days of receiving the Order of Probable Cause, thereby waiving his right to a hearing. 4. On April 4, 2000, the staff filed a Motion for Default that was served on the Respondent's counsel by U. S. Mail. Neither the Respondent nor anyone on Respondent's behalf appeared at the Commission's hearing held on May 3, 2000, in Orlando, Florida. Therefore, the facts set forth in the Statement of Facts, that is attached hereto and incorporated Faa007 (1198)

2 by reference, are deemed admitted as true. CONCLUSIONS OF LAW 5. The Commission has jurisdiction over the parties to and subject matter of this cause, pursuant to Section , Florida Statutes. 6. The Respondent violated Section (1), Florida Statutes, when he failed to file with the filing officer a campaign treasurer's report due on October 12, ORDER Based upon the foregoing facts and conclusions of law, the Commission finds that the Respondent violated Section (1), Florida Statutes. Therefore, it is ORDERED that the Respondent shall remit a civil penalty in the amount of $1000. The civil penalty' shall be paid to the Commission, Room 2002, The Capitol, Tallahassee, Florida , within 30 days of the date this Final Order is received by the Respondent. DONE AND ENTERED by the Florida Elections Commission and filed with the Clerk of the Commission on July 11, 2000, in Tallahassee, Florida. Faa007 (1/98)

3 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 appeal by filing a notice of appeal both with the Clerk of the Florida Elections Commission and the Clerk of the district court of appeal. The notice must be filed within 30 days of the date this Final Order was filed and must be accompanied by the appropriate filing fee. Attachment: Statement of Findings Copies furnished to: Barbara M. Linthicum, General Counsel Ms. Laura R. Morrison, Attorney for Respondent (certified mail) Mr. Gene Crist, Complainant Bay County Supervisor of Elections, Filing Officer Attachment: Amended Statement of Findings Faa007 (i/98)

4 i Al\.JENDED STATEMENT OF FINDINGS Case Number: FEC Respondent: Gerry Goodwin, Treasurer for the Gerry Goodwin campaign Complainant: Gene Crist On October 27, 1999, the Florida Elections Commission received a sworn complaint alleging that the Respondent violated Chapter 106, Florida Statutes. The Commission staff revie\ved the allegations and based on the facts and conclusions of law contained in this statement, the staff recommends that the Commission find that there is: Probable cause to believe that the Respondent violated Section (1), Florida Statutes, failure of the treasurer of a candidate to file regular reports of all contributions received, and all expenditures made, by or on behalf of the candidate. Summary of Facts and Conclusions of La'\v I. The Respondent is the treasurer for his own campaign. On March 3, 1999, he signed a Loyalty Oath indicating he was a candidate for supervisor of elections of Bay County in the 2000 elections. On the same day, he signed the form, Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates, designating himself as campaign treasurer. On March 10, 1999, the Respondent published a political advertisement in The News Herald announcing that he was a candidate for supervisor of elections in the year The Complainant alleged that the Respondent violated Section (1 ), Florida Statutes, by failing to file with the filing officer a campaign treasurer's report due on October 12, During the week before the due date, the staff of the Bay County Supervisor of Elections Office called all candidates and political committees required to file quarterly reports to remind the candidates and committees that the report for the third quarter was due on October 12, The staff called the Respondent and left a message on his voice mail. 4. On November 1, 1999, the staff of the Florida Elections Commission sent a letter to Respondent notifying him that his campaign treasurer's report due on October 12, 1999 had not been filed. On December 8, 1999, the staff received a Notice of Appearance from Laura R. Morrison, attorney at law, indicating that she represented the Respondent in this matter. 5. On March 3, 1999, the Respondent signed a Statement of Candidate form indicating that he had received, read, and understood the requirements of Chapter 106, Florida Statutes. SOF005 (2/98)

5 6. Although the Respondent has been notified on two separate occasions, the third quarterly report due on October 12, 1999, has not been filed. The Respondent violated Section (1), Florida Statutes, by failing to file the required report after receiving notice of the requirement to file. ' Respectfully submitted, ra~~ General Counsel Copy furnished to: Barbara M. Linthicum, General Counsel SOF005 (2/98)

After considering the Statement of Findings and the recommendations of counsel, the

After considering the Statement of Findings and the recommendations of counsel, the STATE OF FLORIDA f': i!,~y ~,? PH 2: 55 FLORIDA ELECTIONS COMMISSION"'.... - - In Re: HarTell Harrison Case No.: FEC 00-397 F.O. No.: DOSFEC 01-178 W : 1-..- -.I:""! l : i ;:i ;~- i ~.~ ORDER OF NO PROBABLE