FLORIDA ELECTIONS COMMISSION CASE REPORT Case Number: FEC-1l-168

Size: px

Start display at page:

Download "FLORIDA ELECTIONS COMMISSION CASE REPORT Case Number: FEC-1l-168"

Camilla Greene
5 years ago
Views:

1 1 FLORIDA ELECTIONS COMMISSION CASE REPORT Case Number: FEC-1l-168 NAME: I RALPH ROSADO DATE ApPEAL RECEIVED: 1124/11 DATE HEARING REQUEST RECEIVED: n/a DATE REpORT DUE: 11122/10 (2010 TR) DATE OF ELECTRONIC RECEIPT: DATE FILING OFFICER RECEIVED REpORT: 12/23110 NUMBER OF DAYS LATE: 31 AMOUNT OF FINE: $1, CANDIDATE [x] PC [ ] CCE [] POLITICAL PARTY r 1 STATE [x] DISTRICT [ ] COUNTY [ ] CITY r 1 FINE BASED ON: (x) NUMBER OF DAYS (.. ) 25% OF RECEIPTS (.. ) 25% OF EXPENDITURES TOTAL RECEIPTS FOR REPORTING PERIOD: $ TOTAL EXPENDITURES FOR REPORTING PERIOD: $54, DATE OF FIRST NOTIFICATION: Failure to file letter dated SUMMARY: Ralph Rosado was a candidate for State Representative, District 117, in the 2010 election. Javier Salman was his treasurer and is representing Mr.. Rosado in this appeal. Mr. Salman is appealing the fine claiming that he and Mr.. Rosado did not realize the report was due on 11/22/1 0. According to Mr. Salman, he believed that the due dates for the primary and general elections were the same.. Additionally, Mr. Salman states that he did not receive an reminder that the report was due. On 9/13/10, Kristi Reid Bronson mailed a memorandum to all candidates who were eliminated after the primary election informing them that their termination reports were due on 11/22/10. Additionally, the Division sends reminder notices as a courtesy as they are not required to send them by statute. PRIOR CASES: Mr. Rosado has not had any prior cases before the Commission. FECACTION: FINEDuE: $ DAffi: TIMELY FILED: YES No WAIVER: PARTIAL FULL -- UNUSUAL CIRCUMSTANCES: YES No FINE INCORRECTLY CALCULATED: YES No UCREASON: INITIALS: Aut047 (11108)

2 2 CHARLIE CRIST Governor FLORIDA DEPARTMENT oistate r -~---.~ -. I DAWN K. ROBERTS Interim Secretary of State MEMORANDUM TO: All Eliminated Candidates After the Primary Election FROM: Kristi Reid Bronson, Chief \} ~ Bureau of Election Records ~ DATE: September 13,2010 SUBJECT: Termination Reports _._._-_._ Candidates who were eliminated after the 2010 Primary Election must dispose of all funds on deposit in the campaign account pursuant to the provisions of Section , Florida Statutes, within 90 days of the primary election. Therefore, your termination report (TR) must be filed using the Electronic Filing System no later than November 22, 201 O. You are not required to close the campaign prior to the due date; however, you must have written checks disposing of all surplus flmds by this date. You may file your report at any time prior to the deadline once you have disposed of all funds. In order to file your termination report prior November 22, 2010, you will need 10 change the cover period, which has been defaulted to an ending period of November 22, 2010, in the electronic filing system. (See attached example.) If you have any questions or need further assistance, please contact this office at (850) KRB/mah Attachment Division of Electi9ns R. A. Gray Building, Room South Bronough Street Tallahassee, Florida Telephone: (850) Facsimile: (850)

3 Campaign Finance Online - Create Report Page 1 of 1 3 ~ Open New Report [ Home Filings Campaign Account Sign Out Help _. --I.J Use this form to submit an original report. To submit an amendment to a previously filed report, first select the report from the 'Filed Reports' listing and then choose the 'Amend Report' option from the 'Edit' menu item. Coverage Periods Campaign finance reports itemize financial activity occurring during a specific reporting period The reporting period is declared by first selecting the reporting year and then the report type. The beginning and ending coverage dates and the filing due date of the report are automatically associated with the Reporting Year and Report Type. Election Cycle: 2010 General Election Report Type: TR 2010 Coverage Period: rs!~~~t~~~~] ~2T~~Z2. ~~~~] [J Waiver Uploading a CanlQaign Finance Report A Campaign Finance report file meeting the department's specifications may be uploaded at the time a report is opened. Use the Browse button to Iqcate and select the report text or zip file to be uploaded. You may upload the report tile in a compressed zip. The zip file must contain only one report file _ _-_._---,-._---_._ _------_.. _--_._ _ _.._-_... _--- *This date must be changed in order to file your report before 11122/2010.

4 4 Javier F. Salman 1534 Mantua Avenue Coral GaNes, Florida January 20, 2011 Ronda Department of State Dawn K. Roberts Interim Secretary of State Division of Elections The RA Gray Building-Room South Bronough Street rallahassee, Florida AnN: Kristi Reid Bronson, Chief Bureau of Election Records RE: RALPH ROSADO--CANDIDATE FOR STATE REPRESENTATIVE, DISTRICT 117 Dear Ms. Reid Bronson: I am writing to request the waiving of the fine for late filing of the Terminal Report for Ralph Rosado District 117 candidate for State Representative on the grounds of personal hardship. Just after completion and submission of the 10/15 report, my father fell gravely ill. He only recenuy passed on the 5 th of this month. Needless to say, my mind was on other matters. Due to miscommunication and a lack of experience on the part of the candidate with regard to such matters, neither I nor the candidate realized that the due date was actually on November 22nd. We had both mistakenly believed the terminal reports for primary and general were the same. As the campaign Treasurer for another candidate, I did not question our mutual mistake.. In addition, my personal assistant and bookkeeper of many years was forced to leave my employment for her own personal reasons in early September, thus requiring a re audit of the pending reports. This report was in process when we received your written notification of the late filing status and was immediately remedied. Finally, a review of my records does not show the receipt of your typical reminders which would have caused me 10 question my mistake in a timelier manner. A review of your records regarding my performance in this roll will show that I have never been late on any filing for any candidate I have had the privilege of serving previously or currently. Therefore, I please reqliest a review of the current fine for this reporting period and stand ready to make whatever information you may require available to assist you in your deliberations regarding the above request ~, sincer~iy" -/ _ ", ". ~f2d M.~C;A.:-~ Javier F. Salman' Campaign Treasurer Cc: Ralph Rosado

5 5 FLORlDA DEPARTMENT OF STATE Dawn K. Roberts Interim Secretary of State DlVISION OF ELECTIONS December 23, 2010 Mr.. Ralph Rosado Candidate for State Representative, District Southwest 64th A venue Miami, fl Dear Mr. Rosado: Your termination repol}:, which was due November 22,2010, was not filed until December 23,2010. Accordingly, you are fined in the amount of $1,550,00. 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 al10wable campaign expenditure and must be paid from personal funds. IfyolJ wish to appeal the fine, you must submit a notice of appeal to the Commission within 20 days Qfthe date of the receipt of this notice. (See Rules 2B-l.005, 2B-I.0052 arid 2B-L0055, Florida Administrative Code.) The Florida Elections Commission's address is 107 West Gaines Street, Suite 224, Tallahassee, Florida I 00. Please send a copy of your notice of appeal to the Bureau of Election Records at the address listed below. If you have any questions, please contact us at (850) 245~6240. Sincerely, ~ Kristi Reid Bronson, Chief D Bureau of Election Records The R A Gray Building-Room South Bronough Street Tallahassee FL (350)

6 6 FLORlDA DEPARTMENT OF STATE Dawn K. Roberts Interim Secretary of State DIVISION OF ELECTIONS Second Notice Decem ber 23, 2010 Mr. Ralph Rosado Candidate for State Representative, District Southwest 64th Avenue Miami, FL Dear Mr. Rosado: Your campaign treasurer's report, due November 22, 2010, has not been received. Section l06.07(8)(b), Florida Statutes, requires that the filing officer immediately notify you of the failure to file said report. The fine for termination reports for candidates, shall be $50 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever ls greater, for the period covered by the late report. The first notice of the failure to file the above mentioned report was mailed, via regular mail, to the address on file with our office on November 29,2010. As of this date, we do not show a record of receiving this report. If the report is not received in our office within 14 days of the date this notice is received, our office will refer this matter to the Florida Elections Commission for further action. Section ( 1). Florida Statutes, authorizes the Florida Elections Commission, upon finding a willful violation of Chapter 106, Florida Statutes, to impose a civil penalty of up to $1,000 per count If you have any questions, please do not hesitate to contact Erika Bowen at (850) Sincerely, f:/l' '--ft ~ ~~ l:'.,\,a,... I \.;...6 Ii ~ Kri5ti Reid Bronson, Chief \ Bureau of Election Records The R A Gray Building-Room South Bronough Street Tallahassee FL (850)

7 7 FLORlDA DEPARTMENT OF STATE Dawn K. Roberts Interim SecretaIy of State DIVISION OF ELECTIONS November 29, 2010 Mr. Ralph Rosado Candidate for State Representative, District Southwest 64th Avenue Miami, FL 33 J Dear Mr. Rosado: Your campaign treasurer's report, which was due November 22,2010, has not been received. Section I 06.07(8)(b), Florida Statutes, requires that the filing officer immediately notify you of the failure to file said report, The fme for termination 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, Kristi Reid Bronson, Chief Bureau of Election Records cc: Javier Salman, treasurer 1534 Mantua Avenue Coral Gables, FL

8 Candidate Tracking system - Florida Division of Elections - Department of State Page 1 of 1 8 Florida Department of State Room 316, R A Gray Building 500 South Bronaugh Street Tallahassee, FI (850) Division Elections of Candidate Tracking System 2010 General Election State Representative District 117 Ralph Rosado Republican Address Campaign Treasurer 3401 Southwest 64th Avenue Javier Salman Miami, FL Mantua Avenue Coral Gables, FL Phone: Status: Defeated Date Filed: 01/11/2010 Date Qualified: 06/17/2010 Method: Made ballot position by collecting petition signatures Campaign Finance Activity Campaign Documents Petition Signatures state.flus/candidate/candetai1.asp?account= /30/2011

9 9 1/26/2011 Account: STR Filed Reports for Elec 10: GEN Ralph Rosado Page 1 Report: 2010 Q1 (1) Due: 4/ Submitted Treasurer 4/12/2010 Javier Salman FlOm: 1/ To: 3/31/2010 Amd: N Cmplt: COM Appointed Withdrew Entry Method Web Data Entry Filed: FIL 4/ :29:27P Reviewed: File Method Web Filed AUD 4/ :19:01 P Chair PIN 4/ Repmt: 2010 F1 (2) Due: 7/23/2010 Submitted Treasurer 7/23/2010 Ralph Rosado From: To: 7116/2010 Amd: N Cmplt: COM Appointed Withdre.~ Ent':l. ethod 1/ Web Data Entry Filed: FIL 7/23/201011:39:26 P Reviewed: AUD 7/23/20105:09:48 P File Method Chair PIN.-' Web Filed 7/23/2010 Repmt: 2010 F2 (3) Due: 8/6/2010 Submitted Treasurer 8/ Javier Salman FlOm: 7/17/2010 To: 7/30/2010 Amd: N Cmplt: COM Appointed Withdrew EntlJ' Method 1/ Web Data Entry Filed: FIL 8/6/20103:55:27 PM Reviewed: File Method Web Filed AUD 8/ :52:30 PM Chair PIN 8/ Report: 2010 F3 (4) Due: 8/20/2010 Slibmitted Treasurer 8/20/2010 Ralph Rosado FlOm: 7/31/2010 To: Amd: N Cmplt: COM Appointed W!!hdrew._..._ Entry Met!t0~ 1/ Web Data Entry Filed: FIL 8/20/201010:34:21 P Reviewed: File Method Web Filed AUD 8/20/201010:34:21 P Chair PIN 8/ Report: 2010 TR (5) Due: 11/22/2010 Submitted Treasurer 12/23/2010 Javier Salman From: 8/20/2010 To: 11/22/2010 Amd: N Cmplt: INC Appointed Withdrew Entry Method 1/11/2010 Web Data Entry Filed: AMD 12/ :52:46 P Reviewed: AUD 114/2011 8:29:00 AM File Method Chair PIN Web Filed

10 Campaign Finance - Report Summary 10 Page 1 of 1 ~ Filed Report Summary Home Filings Transactions Pnnt Queue Campaign Account Sign Out Help rsummaryofalffilings received (Amendment in!-~g&ftf:s:rdro::- TR ~ Gene;:aTE"jection "-CoverS: ~8720!201O 11!22/2010 Due: 11/ I L _,.._.._._..._......_..._._....._..._._..1 I. d Last Review: ri/4/ , Reviewed: ~viewed Amende... ' -._.-,_-.J r I:: Review Complete: jiiicom"ptete' Detail Records L.! Waiver i're~al(tjl~te 1 Transactions r i L-._. " Filed Date: [i2i23/ , J File Status: v.;:mending. --' Contributions Amount Expenditures Cash and Checks: ' Monetary: Loans: Transfers to Off Acct: Total Monetary: Total Monetary: In-Kind Contributions:1 l.._...~ Other Distributions: Amount r- 54, I.. ['"---0:00', L.._. S4,17~:Z~ L 0.00 Activity this report I:~I Ong Report Submit Date: 1 (12/23/2010) By: fsqg86"----1 _ _ ",._. H. Contributions Amount Expenditures Amount Cash and Checks: L Monetary: I 54,173.7~ Loans: [- 0.0] Transfers to Off Acct:, I O.O~ Totai Monetary: I I.-~~ Total Monetary: I 54,173.7~ In-Kind Contributions: r Other Distributions:! L Florida Department of State, Division of Elections

11 11 1/26/2011 Account: RptSeq: 5 STR 117 Ralph Rosado Queued Items for TR Page 1 Process Description Status Submitter Created LastUpdate Create Pending RepOIt Processing Complete /201010:31:08 AM 9/15/201010:31:08 AM Review Pending Report Processing Complete /21/20104:57:03 PM 12/21/2010 4:57:03 PM Review Pending Report Processing Complete /21/20104:57:34 PM :57:34 PM Recalc Pending Report Total Processing Complete / :00:44 PM 12/ :00:44 PM Recale Pending Report Total Processing Complete :32:25 PM 12/23/ :32:25 PM Recale Pending Report Total Processing Complete /23/2010 1:42:15 PM :42:34 PM Recale Pending Report Total Processing Complete /23/ :49:25 PM 12123/20101:49:25 PM Recale Pending Report Total PlOcessing Complete / :50:47 PM 12123/20102:50:47 PM File Pending Report Processing Complete :52:46 PM 12/ :52:46 PM Review Filed Report Processing Complete ' ebowen 1/ :29:00 AM 114/2011 8:29:00 AM Amend Filed Report Processing Complete I :49:53 PM 1117/20111:49:54 PM Review Pending Repmt Processing Complete /17/2011 2:04:01 PM 1117/2011 2:04:01 PM

12 FEC - Candidate/Committee F11ing History Report Page 1 of 1 12 Florida Department of State - Division of Elections Candidate Name: Ralph Rosado Account: I~~~ " /22/2010 TR 12/23/2010 APP 8/20/2010 F3 8/20/2010 8/ F2 8/6/2010 7/23/2010 F1 7/23/2010 4/12/2010 Q1 4/12/ $1, Paid $1, $ /29/2011

FLORIDA ELECTIONS COMMISSION CASE REPORT

1 NAME: I ALEXDIAZ FLORIDA ELECTIONS COMMISSION CASE REPORT Case Number: FEC-IO-350 DATE ApPEAL RECEIVED: 11/1812010 DATE HEARD BY FEC: 5/10111 DATE HEARING REQUEST RECEIVED: nja DATE REpORT DUE: 10115/10