~/

Transcription

1 < \. STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION Florida Elections Commission, Petitioner, v. Agency Case No.: FEC F.O. No.: FOFEC W Valencia St. Louis, Respondent ~/ FINAL ORDER THIS CAUSE came on to be heard at an informal hearing held before the Florida Elections Commission (Commission) on February 21,2012. APPEARANCES For Commission For Respondent Eric M. Lipman General Counsel 107 W. Gaines Street Collins Building, Suite 224 Tallahassee, FL No Appearance STATEMENT OF THE ISSUE Whether the Respondent violated Section (5), Florida Statutes, when she certified that multiple campaign reports she filed were true, correct, and complete when they were not, and Section (1 )(c), Florida Statutes, when she falsely reported information required to be reported by Chapter 106. PRELIMINARY STATEMENT On December 3, 2010, the Commission received a referral from the Florida Division of Elections ("Division") alleging violations of Florida's election laws. Staff of the Commission conducted an investigation to determine whether the facts alleged in the refenal constituted Final Order- FEC I 0-369

2 probable cause to believe that the Respondent violated The Florida Election Code. On October 4, 2011, staff drafted a Staff Recommendation recommending to the Commission that there was probable cause to believe that The Florida Election Code was violated. On December 6, 2011, the Commission entered an Order of Probable Cause finding that there was probable cause to charge the Respondent with the following violations: Count 1 On or about July 10, 2009, Respondent violated Section (5), Florida Statutes, when she certified that Jose Larose's 2009 Q2 campaign report was true, correct, and complete when it Count2 On or about July 22, 2010, Respondent violated Section (5), Florida Statutes, when she certified that Jose Larose's 2009 Fl campaign report was true, correct, and complete when it Count3 On or about July 29, 2010, Respondent violated Section (5), Florida Statutes, when she certified that Jose Larose's 2010 FIB campaign report was true, correct, and complete when it Count4 On or about August 6, 2010, Respondent violated Section 2010 F2 campaign report was true, correct, and complete when it CountS On or about August 13, 2010, Respondent violated Section 2010 F2B campaign report was true, correct, and complete when it was not Count6 On or about August 20, 2010, Respondent violated Section F3 campaign report was true, correct, and complete when it Faa004 (7 /09)

3 Count7 On or about September 10, 2010, Respondent violated Section 2010 GO campaign report was true, correct, and complete when it CountS On or about September 17, 2010, Respondent violated Section 2010 G 1 campaign report was true, correct, and complete when it Count9 On or about September 24, 2010, Respondent violated Section 2010 G 1 B campaign report was true, correct, and complete when it CountlO On or about October 1, 2010, Respondent violated Section G2 campaign report was true, correct, and complete when it was not. Count 11 On or about October 8, 2010, Respondent violated Section (5), Florida Statutes, when she certified that Jose Larose's 2010 G2B campaign report was true, correct, and complete when it Count12 On or about October 22, 2010, Respondent violated Section (5), Florida Statutes, when she certified that Jose Larose's 2010 G3B campaign report was true, correct, and complete when it Count 13 On or about October 29, 2010, Respondent violated Section 2010 G4 campaign report was true, correct, and complete when it Faa004 (7/09)

4 Count14 On or about July 10, 2009, Respondent violated Section (1 )(c), Florida Statutes, by falsely repmting information required to be reported by Chapter 1 06 on Jose Larose's 2009 Q2 Count15 On or about July 22, 2010, Respondent violated Section required to be reported by Chapter 106 on Jose Larose's 2010 Fl Count16 On or about July 29, 2010, Respondent violated Section (1 )(c), Florida Statutes, by falsely reporting information required to be reported by Chapter 106 on Jose Larose's 2010 FIB Count17 On or about August 6, 2010, Respondent violated Section required to be reported by Chapter 106 on Jose Larose's 2010 F2 campaign. Count18 On or about August 13, 2010, Respondent violated Section (1 )(c), Florida Statutes, by falsely reporting information required to be reported by Chapter 106 on Jose Larose's 2010 F2B Count19 On or about August 20, 2010, Respondent violated Section ( 1 )(c), Florida Statutes, by falsely reporting information required to be reported by Chapter 106 on Jose Larose's 2010 F3 Count20 On or about September 10, 2010, Respondent violated Section required to be reported by Chapter 106 on Jose Larose's 2010 GO Faa004 (7/09)

5 Count21 On or about September 17, 2010, Respondent violated Section required to be reported by Chapter 1 06 on Jose Larose's G 1 Count 22 On or about September 24, 2010, Respondent violated Section (1 )(c), Florida Statutes, by falsely reporting information required to be reported by Chapter 106 on Jose Larose's 2010 G1B Count 23 On or about October 1, 2010, Respondent violated Section ( 1 )(c), Florida Statutes, by falsely reporting information required to be reported by Chapter 106 on Jose Larose's 2010 G2 Count24 On or about October 8, 2010, Respondent violated Section required to be reported by Chapter 106 on Jose Larose's 2010 G2B Count 25 On or about October 22, 2010, Respondent violated Section required to be reported by Chapter 106 on Jose Larose's 2010 G3B Count 26 On or about October 29, 2010, Respondent violated Section (1 )(c), Florida Statutes, by falsely reporting information required to be reported by Chapter 106 on Jose Larose's 2010 G4 Respondent timely requested an informal hearing and was noticed to appear before the Commission on February 21, At the informal hearing, staff presented the undisputed facts contained in the Staff Recommendation. Staff also introduced a report of Respondent's financial resources, Respondent's February 3, 2012 Financial Affidavit, and Respondent's Full and Public Faa004 (7/09)

6 Disclosure of Financial Interest form (Form 6) dated August 28, Respondent did not appear at the hearing. FINDINGS OF FACT 1. Respondent was the treasurer for Jose Larose's ("Larose") gubernatorial campaign On October 8, 2008, Larose filed an Appointment of Campaign Treasurer and Designation of Campaign Depository form (DS-DE 9) form with the Division of Elections for his 2010 gubernatorial campaign. 3. Kristi Bronson, Chief, Division of the Elections, Bureau of Election Records ("Division"), sent Larose and Respondent a letter dated October 9, 2008, acknowledging receipt of Larose's DS-DE 9, and providing them with log-in credentials for the Division's Electronic Filing System. 2 that: 4. The last paragraph of Ms. Bronson's October 9, 2008 letter informed Respondent All of the Division's publications and reporting forms are available at the Division of Elections' web site....it is your responsibility to read, understand, and follow the requirements of Florida's election laws. Therefore, please print a copy of the following documents: Chapter 104 and 106, Florida Statutes, Candidate and Campaign Treasurer Handbook (September 2007 edition), Calendar of Reporting Dates, and Rule ls , Florida Administrative Code. 5. On October 21,2010, Gary Holland, Assistant General Counsel of the Division, issued a subpoena to CITI Bank, requesting copies of any and all documents, bank statements, all information related to the creation of accounts, and all documents reflecting transactions, 1 Respondent is Mr Larose's husband 2 Respondent was sent a copy of the letter sent to Larose, however she was sent a different Personal Identification Number than the Division sent to Larose for her to file campaign reports on the Division's Electronic Filing System. Faa004 (7 /09)

7 including the date and amount of deposits and disbursements from October 1, 2008, through October 21,2010, for Larose's campaign accounts. 6. On or about November 18, 2010, CITI Bank responded to the Division's subpoena and indicated that Larose had three bank accounts at the bank; however, none of the accounts were campaign accounts. 7. Respondent was required to file periodic reports of contributions received, and expenditures made during Larose's gubernatorial campaign. 3 Between July 10, 2009, and October 29, 2010, Respondent filed 13 campaign reports. Respondent certified that each report was true, correct, and complete. 8. The following table reflects the information Respondent listed on each of Larose's campaign reports that she filed. INFORMATION REPORTED BY RESPONDENT ON GUBENATORIAL CAMPAIGN REPORTS Date Reporting Period Monetary Loans In-Kind Expenditures Filed Contributions Contribution 7110/09 4/1/09 to 6/30/09 $100, $0 $0 $0 Original Q2 7/22/10 4/1/10 to 7/16/10 $168, $0 $0 $0 Original F1 7/ to 7/23110 $95, $0 $3 '000 ' $0 Original F 1 B 8/6/10 7/24110 to 7/30/10 $1,201, $0 $2,430, $500,000 Original F /31110 to 8/6/10 $1,802, $2,000, $0 $0 Original F2B 3 The campaign treasurer has the legal responsibility to file campaign reports (1), Fla. Stat Faa004 (7 /09)

8 8/20/10 8/7/10 to $2,400, $1,000, $0 $0 Original F /20/10 to 9/3110 $0 $1,000, $0 $0 Original GO 9117/10 9/4/10 to 9/10110 $1,000, $0 $0 $2,000, Original G1 9/ /11/10 to 9/17/10 $0 $2,500, $0 $0 Original G 1 B to 9/24110 $500, $0 $0 $0 Original G2 10/8/10 9/25/10 to 10/1/10 $0 $300, $0 $0 Original G2B / /9110 to 10/15/10 $0 $400, $0 $3,000, Original G3B I 10/29/10 10/16110 to 10/28/10 $1,000, $0 $0 $10,000, Original G4 I 9. In a January 24, 2011 sworn statement, Respondent stated that she accepted the position as treasurer of Larose's campaign however, she never filed any reports. Respondent, however, gave the treasurer's personal identification number to Mr. Larose so he could file the reports. A printout from the Division of Elections indicates that the reports were filed by Respondent (or someone utilizing Respondent's personal identification number). 10. In her June 29, 2011 affidavit, Respondent admitted that: a. She did not read Chapters 104 or 106, Florida Statutes; b. She did not familiarize herself with the duties of being a campaign treasurer; c. She did not read the Candidate and Campaign Treasurer Handbook ("Handbook") to familiarize herself with her duties as treasurer; and d. She did not read the acknowledgement letter from the Division of Elections that contained important information including where to find the Handbook and Faa004 (7 /09)

9 Chapter 106, Florida Statutes. 11. In his April 4, 2011 affidavit, Larose acknowledged that he did not receive any contributions for his gubernatorial campaign, and when he signed the campaign reports for his gubernatorial campaign he was aware the information in the reports was inaccurate. 12. Respondent's actions of certifying multiple campaign reports as being true, correct, and complete when they were not was willful. Additionally, Respondent falsely reported information required to be reported by Chapter 106. CONCLUSIONS OF LAW 13. The Commission has jurisdiction over the parties to and subject matter of this cause, pursuant to Section , Florida Statutes. 14. The Respondent committed 13 counts of violating Section (5), Florida Statutes, when she certified that Larose's 2009 Q2, 2010 F1, 2010 F1B, 2010 F2, 2010 F2B, 2010 F3, 2010 GO, 2010 G1, 2010 G1B, 2010 G2, 2010 G2B, 2010 G2B, and 2010 G4 campaign reports were true, correct, and complete when they were not; and committed 13 counts of violating Section ( 1 )(c), Florida Statutes, when he falsely reported information required to be reported by Chapter 106, Florida Statutes, on Larose's 2009 Q2, 2010 F1, 2010 F1B, 2010 F2, 2010 F2B, 2010 F3, 2010 GO, 2010 G1, 2010 G1B, 2010 G2, 2010 G2B, 2010 G2B, and campaign reports. 15. Respondent's conduct was willful. 16. In determining the amount of the civil penalty, the Commission considered the mitigating and aggravating circumstances set forth in Section , Florida Statutes. 17. The Commission finds that Respondent has sufficient financial resources to pay the fine imposed by the Commission. Faa004 (7/09)

10 ORDER WHEREFORE the Commission finds that Respondent has violated the following provisions of Chapter 106, Florida Statutes, and imposes the following fines, inclusive of fees and costs: A) Respondent violated Section (5), Florida Statutes, on 13 occasions. Respondent is fined $500 for each of the 13 counts, for a total of$6,500; and B) Respondent violated Section (1 )(c), Florida Statutes, on 13 occasions. Respondent is fined $500 for each of the 13 counts, for a total of $6,500. Therefore, it is DONE AND ORDERED that Respondent shall remit a civil penalty in the amount of $13,000. The civil penalty shall be paid by cashier's check, money order, or attorney trust account check 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. February DONE AND ORDERED by the Florida Elections Commission this 4 :;..7 day of ~~ 4 Holladay, Chai+1 Florida Elections Co u ion 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 107 West Gaines Street, Suite 224, Collins Building, Tallahassee, Florida , and by filing a copy of the notice of appeal with the Faa004 (7 /09)

11 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 corner of the first page of the order. Copies furnished to: Eric M. Lipman, General Counsel Valencia St. Louis, Respondent (certified mail) Gary Holland, Complainant Florida Division of Elections, Filing Officer Faa004 (7/09)