STATE OF FLORIDA --'-" FLORIDA ELECTIONS COMMISSION- FINAL ORDER. THIS CAUSE came on to be heard at an informal hearing held before the Florida

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1 ~-- ' i1 ~'--' ~-'; ""'' ~) STATE OF FLORIDA --'-" FLORIDA ELECTIONS COMMISSION- 3"1 FLORIDA ELECTIONS COMMISSION, PETITIONER, v. PALMER CARR AND WAKULLA INDEPENDENT VOTERS, RESPONDENT../ AGENCY CASE No.: FEC FEC F.O. No.: DOSFEC FINAL ORDER THIS CAUSE came on to be heard at an informal hearing held before the Florida Elections Commission (Commission) on November 18, 2005, in Tallahassee, Florida. APPEARANCES For Commission For Respondent Charles A. Finkel General Counsel 107 W. Gaines Street Collins Building, Suite 224 Tallahassee, FL Mark Herron P.O. Box 1876 Tallahassee, Florida STATEMENT OF THE ISSUE Whether the Respondent violated Section (4), Florida Statutes, by incurring an expense for the purchase of goods or services without sufficient funds on deposit in the primary depository account, and Section (1 )(d), Florida Statutes, by making or authorizing an expenditure prohibited by Section ( 4), Florida Statutes. PRELIMINARY STATEMENT On October 20, 2004, and or December 20, 2004, the Commission received sworn Faa004 (8/03)

2 complaints alleging violations of Florida's election laws. The staff of the Commission conducted an investigation to determine whether the facts alleged in the complaints constituted probable cause to believe that the Respondent violated The Florida Election Code. On July 25, 2005, the staff drafted a Staff Recommendation recommending to the Commission that there was probable cause to believe that The Florida Election Code was violated. On August 26, 2005, the Commission entered an Order of Probable Cause finding that there was probable cause to charge the Respondents with the following violations: Count 1: On or before August 24, 2004, Respondents violated Section (4), Florida Statutes, by incurring an expense for the purchase of goods or services without sufficient funds on deposit in the primary depository account, when Respondents entered into a contract with MicroType Graphics to produce and distribute a mailer for which Respondents subsequently paid $1, to MicroType Graphics and $ to GraphaTera. Count 2: On or before August 24, 2004, Respondents violated Section (1)(d), Florida Statutes, by making or authorizing an expenditure prohibited by Section (4), when Respondents entered into a contract with MicroType Graphics to produce and distribute a mailer for which Respondents subsequently paid $1, to MicroType Graphics and $ to GraphaTera. Respondents timely requested an informal hearing and were noticed to appear before the Commission on November 18, At the informal hearing, the staffpresented the undisputed facts contained in the Staff Recommendations. Respondents' financial resources were not raised as an Issue. Respondent Palmer Carr appeared at the hearing. FINDINGS OF FACT 1. On July 23, 2004, Respondent Palmer Carr filed papers establishing a political committee with the Wakulla County Supervisor of Elections. The statement of organization indicates that Mr. Carr is the chairman and treasurer for the committee. The statement also Faa004 (5/05) 2

3 indicates that the political committee supported three candidates in the August 31, 2004 primary election-leon Nettles, Ed Brimner and Lynn Artz. The committee supported two candidates, Ed Brimner and Reginald Coles, in the November 2, 2004 general election. 2. The Complainant in FEC is a local entrepreneur and the treasurer for Wakulla Tax Alert, Inc. The Complainant in FEC is a local entrepreneur. 3. Respondents provided copies of the monthly bank statements for the committee's campaign depository. The table below reflects the activity in the campaign account when the expenses were incurred. - FUNDS IN CAMPAIGN ACCOUNT WHEN RESPONDENTS INCURRED EXPENSE Transaction Check# Description of Transaction Amount Funds on Date Deposit 07/23/04 Amount of funds on Deposit at the time Respondents filed with the $ Supervisor of Elections 08/01/04 Amount of funds on Deposit in Respondents' Campaign Account. $ /02/04 Deposit $ $ /03/ Wakulla News ($165.00) /04/04 Debit for Checks ($18.00) $ /10/04 Service Charge ($.04) $ /11/04 Deposit $ $ /18/04 Deposit $33.50 $ /24/04 Respondent entered contract with ($ ) ($ ) MicroType Graphics to mail leaflet 1 08/31/04 Invoice from GraphaTera for 11,500 ($672.40) ($ ) copies the leaflet 2 08/31/04 Ending Balance ($ ) 1 MicroType Graphics paid Modem Mailers $1, on August 23, 2004, for processing and mailing the leaflets.. See Exhibit 4, pages 3 and 4 attached to the Repmt oflnvestigation. 2 Respondents did not provide any explanation for failing to pay this invoice until October 15, 2004 See Exhibit 5, pages 1 and 2 attached to the Repmt of Investigation Faa004 (5/05) 3

4 09/10/04 Deposit $80.00 ($ ) 09/28/04 Deposit $ ($ ) 09/30/04 Ending Balance ($ ) 10/13/ Wakulla News ($ ) ($ ) 10/14/04 Deposit $ $ that stated: 4. Respondents provided a letter from Ms. Hanway, owner of Micro Type Graphics The flyer was a last minute thought in response to local events. The client (Wakulla Independent Voters) is a grassroots organization, organized by a number of people I have known for many years and know to be good for their word. Because of that, I was certain that the flyer would be paid for...i went ahead and put together the brochure and had it mailed, paying the bill for mailing. It was sent in the mail just in time for the first primary. I paid the bill for the mailing and usually I would also pay the bill for printing, but the printer sent the bill directly to the client... and they paid it directly It is apparent from the table that Respondents did not have sufficient funds in the campaign account when they entered into the contract with MicroType Graphics and incurred the liability for the production, processing, and mailing of the leaflets. Also, Respondents did not have sufficient funds in the campaign account to pay the invoice from GraphaTera when it was received and due. 6. It appears that MicroType Graphics attempted to act as a "straw-man" by paying the Modem Mailers invoice and not invoicing Respondents for two months. However, that does not negate the fact that Respondents did not have sufficient funds to pay the costs of the leaflet when it was produced and mailed prior to the primary election. 7. Based upon the facts set forth above, Respondent Carr, as chairman and treasurer of Wakulla Independent Voters, knew that there were insufficient funds in the campaign depository to pay for the mailer at the time he contracted with MicroType Graphics. Despite that Faa004 (5/05) 4

5 knowledge, Respondents proceeded to have a mailer produced and distributed prior to the primary election. 8. Janice Y. Colvin, Wakulla County Deputy Supervisor of Elections, indicated that she gave Palmer Carr a copy of the 2004 Committee and Campaign Treasurer Handbook during the week of August 5, Mr. Carr's Affidavit of Background Information states that he served as treasurer for Reginald Coles, candidate for Wakulla County Commission, District 5, during the 2004 election. He has also served as an officer for two political committees-wakulla Independent Democrats and Wakulla Independent Voters. Mr. Carr acknowledged receiving a copy of the 2004 Committee and Campaign Treasurer Handbook and Chapter 106, Florida Statutes. Page 33 of the Handbook specifically prohibits Respondents' actions herein. CONCLUSIONS OF LAW 10. The Commission has jurisdiction over the parties to and subject matter of this cause, pursuant to Section , Florida Statutes. 11. The Respondents committed one count of violating Section ( 4), Florida Statutes, by incurring an expense for the purchase of goods or services without sufficient funds on deposit in the primary depository account, when Respondents entered into a contract with Micro Type Graphics to produce and distribute a mailer for which Respondents subsequently paid $1, to MicroType Graphics and $ to GraphaTera. In addition, Respondents committed one count of violating Section (1 )(d), Florida Statutes, by making or authorizing an expenditure prohibited by Section (4), when Respondents entered into a contract with MicroType Graphics to produce and distribute a mailer for which Respondents subsequently paid $1, to MicroType Graphics and $ to GraphaTera. 12. Respondents' conduct was willful. Respondents committed the acts while Faa004 (5/05) 5

6 knowing, or showing reckless disregard, that the acts were prohibited or failed to commit an act while knowing, or showing reckless disregard, that the acts were required. 13. In determining the amount of the civil penalty, the Commission considered the mitigating and aggravating circumstances set forth in Section , Florida Statutes. 14. The Commission finds that Respondents have sufficient financial resources to pay the fine imposed by the Commission. ORDER WHEREFORE the Commission finds that Respondents has violated the following provisions of Chapter 106, Florida Statutes, and imposes the following fines: A) Respondents violated Section ( 4), Florida Statutes, on one occasion and are fined $1,000. B) Respondents violated Section (1 )(d), Florida Statutes, on one occasion and are fined $1,000. Therefore, it is ORDERED that Respondents shall remit a civil penalty in the amount of $2,000. The civil penalty shall be paid to the Florida Elections Commission, 107 W. Gaines Street, Collins Building, Suite 224, Tallahassee, Florida, , within 30 days of the date this Final Order is received by Respondent Palmer Carr. DONE AND ENTERED by the Florida Elections Commission and filed with the Clerk of the Commission on December 2, 2005, in Tallahassee, Florida. /U)v/AJU Chance Irvine, Chairman Florida Elections Commission Faa004 (5/05) 6

7 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. Copies furnished to: Charles A. Finkel, General Counsel Palmer Carr and Wakulla Independent Voters, Respondents (certified mail) Mark Herron, Attorney for Respondents (certified mail ) W. Steven Brown, Complainant Paige Killeen, Complainant Wakulla County Supervisor of Elections, Filing Officer Faa004 (5/05) 7

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION FLORIDA ELECTIONS COMMISSION, PETITIONER, v. NANCY SIMON, RESPONDENT. AGENCY CASE No.: FEC 04-009 F.O. No.: DOSFEC 04-213 W FINAL ORDER THIS CAUSE came on