FLORIDA ELECTIONS COMMISSION CASE REPORT

Size: px

Start display at page:

Download "FLORIDA ELECTIONS COMMISSION CASE REPORT"

Andrew Barton
5 years ago
Views:

1 1 NAME: I ALEXDIAZ FLORIDA ELECTIONS COMMISSION CASE REPORT Case Number: FEC-IO-350 DATE ApPEAL RECEIVED: 11/ DATE HEARD BY FEC: 5/10111 DATE HEARING REQUEST RECEIVED: nja DATE REpORT DUE: 10115/10 (2010 G3) DATE OF ELECTRONIC RECEIPT: DATE FILING OFFICER RECEIVED REpORT: 10/21110 NUMBER OF DAYS LATE: 6 AMOUNT OF FINE: $1, CANDIDATE [X] PC [ ] CCE [] POLITICAL PARTY [ ] ECO[ ] STATE [X] DISTRICT [ ] COUNTY [ ] CITY [ ] FINE BASED ON: () NUMBER OF DAYS (x) 25% OF RECEIPTS () 25% OF EXPENDITURES TOTAL RECEIPTS FOR REPORTING PERIOD: $5, TOTAL EXPENDITURES FOR REpORTING PERIOD: $0.00 DATE FIRST NOTIFICATION WAS RECEIVED: Failure to file letter dated 10/19/10 SUMMARY: Alex Diaz was a candidate for State Representative, District 116 in the 2010 elections. Mr. Diaz was his own treasurer.. Mr. Diaz is appealing the fine claiming that the Division of Elections did not "immediately" notify him of his failure to file the report. According to Mr. Diaz, when a report is not timely filed on EFS, "an automatically generated notice can be sent by ;" however, the required notice did not come until six days later. Mr.. Diaz states he overlooked the due date of 10/ Commission staff interviewed Theresa Holdeen of the Division on 3/ Ms.. Holdeen stated that the Division only uses notification for notices not required by statute. Ms. Holdeen stated if a report has not been filed on the due date, it is standard procedure for the Division to mail the failure to file notice the next business day. However, Ms. Holdeen could not explain why Mr.. Diaz's failure to file notice was mailed on the second business day. PRIOR CASES: Mr.. Diaz has not had any prior cases before the Commission. FECACTION: FINE DUE: $ DATE: TIMELY FILED: YES No UNUSUAL CIRCUMSTANCES: YES No WAIVER: PARTIAL FULL UCREASON: Aut048 (2/09) FINE INCORRECTLY CALCULATED: YES No INITIALS:

2 2 Florida Elections Commission 107 W. Gaines Street, Suite 224 Tallahassee, FL Alex Diaz SW 12 Street Miami, FL RE: Appeal from Notice of Imposition of Fine On October 28, 2010, I received a notice of imposition of fine from the Division of Elections. My contact information is as follows: Alex Diaz, SW 12 Street, Miami, FL Tel.: A copy of the notice of imposition of fine is attached. Division of Elections failed to comply with Section (8)(b). The undersigned complainant overlooked the filing date of October 15, Section (8)(b), Florida Statutes, requires that the filing officer immediately notify of the failure to file report... emphasis added. However, the statute was not complied with because the undersigned did not receive the required notice until October 21, See Attached Notice. I immediately filed report electronically on October 21, 2010, the same date that notice was received. The division of elections requires that all reports be filed electronically through their division website. Such a technologically advanced system places a higher standard on the division to comply with section (8)(b), and the requirement of "immediate" notification. Therefore, when a timely report is not filed on the division's online filing system, an automatically generated notice can be sent immediately by . l However, in this case the required "immediate notice" did not come until six (6) days later. See Attached Notice. This is unacceptable. Your ruling on this matter should also serve to prevent such late notice from being sent to others in the future. OATH STATE OF FLORIDA COUNTY OF MIAMI-DADE 1 Moreover, a division employee canjust as easily generate a report and provide immediate notice via e mail or telephone.

3 3 I swear of affirm, the above information is true and correct to the best of my knowledge. ~tk V / AlexDlaz Sworn to and subscribed before me this 16 day of,< "'IVI';1)~'(r<'Pl/, J''''lf;'i'<~:'l(~~i'(~'l''') ~ "J!""'~',1"YJ" 1'.- t!..<i""':\.'"~~l~.j",h.. ~ 8 ~,':. E;~p!feS (}j'~'?j:f:o"a1 :; florida Nol1:lr)l.~~;J1., inc ~, i "~ ~ =~ ~ "--~,~!='~~~mp=d?woo'1wqmwm~ '~nw"!c~n1~~"ws?w1ewffic~a"~hw&nwrnr~~ ~ (Print or Stamp Commissioned Name of Notary Public) Personally known Or Produced Identification L Type ofldentification Produced.tlv M J

4 4 FLORIDA DEPARTMENT OF STATE Dawn K. Roberts Interim Secretary of State DIVISION OF ELECTIONS October 25,2010 Mr. Alex Diaz Candidate for State Representative, District SW 12 Street Miami, FL Dear Mr. Diaz: The campaign treasurer's report that was due October 15, 2010, was not filed until October 21,2010. Accordingly, you are fined in the amount of$i, 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 allowable campaign expenditure and must be paid from personal funds. If you wish to appeal the fine, you must submit a notice of appeal to the Commission within 20 days of the date ofthe receipt of this notice. (See Rules 2B-1.005, 2B and 2H , Florida Administrative Code.) The Florida Elections Commission's address is 107 West Gaines Street, Suite 224, Tallahassee, Florida 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) Sincerely, Kristi Reid Bronson, Chief Bureau of Election Records The R A Gray Building-Room South Bronough Street Tallahassee FL (850) FAX: (850) WWW Address: DivElections{jiJdos.statejl,us

5 Boca Grande, FL ~~ 5 FLORIDA DEPARTMENT OF STATE Dawn K Roberts Interim Secretary of State DMSION OF ELECTIONS October 19,2010 Alex Diaz Candidate for State Representative, District SW 12 Street Miami, FL Dear Mr. Diaz: Your campaign treasurer's report, which was due October 15, 2010, has not been received. Section (8)(b), Florida Statutes, requires that the filing officer immediately notify you of the failure to file this report and that a fine will be assessed of $50 per day for the first 3 days late and, thereafter $500 per day, although a fme cannot exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report. However, for the reports immediately preceding each primary and general election, the fine shall be $500 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. Section (1), Florida Statutes, authorizes the Florida Elections Commission to impose a civil penalty up to $1,000 per count for each willful violation of Chapter 106. If you have any questions, please do not hesitate to contact Erika Bowen at (850) Sincerely, 4~~~ Kristi Reid Bronson, Chief Bureau of Election Records The R A Gray Building-Room South Bronough Street Tallahassee FL (850) FAX: (850) WWW Address: bttp:llwww.dos.state.fl.ns DivElections@flos.state.fl.us

6 6 RICK SCOTT Governor KURT S. BROWNING Secretary of State MEMORANDUM TO: FROM: Candidates Kristi Reid Bronson, Chief Bureau of Election Records DATE: January II, 2011 SlJBJECT: Notifications lnc Division uses for all notitications not required by the Florida Election Code. This 'includes all courtesy notices such as reminders for campaign treasurer reports, qualifying information, handbook updates, etc. If you wish to receive such notices, you must provide addresses to the Division via the Electronic Filing System. At this time, the system allows you to provide addresses for the candidate, the campaign, the primary treasurer and each deputy treasurer. Please see the attached instructions for adding the contacts to the EFS. If you have any questions, please contact the help desk at pc: Treasurers Division of Elections R. A. Gr'ay Building, Room South Bronaugh Street Tallahassee, Florida Telephone: (850) Facsimile: (850) plpc'fin)2.e n-."r'n",...,:,i.. ""_.e"

7 Candidate Tracking system - Flor;rl'1. Division of Elections - Department of '!tate Page 1 of 1 7 Florida Department of State Room 316, R.A Gray Building 500 South Bronaugh Street Taliahassee, F (850) Division of Elections Candidate Tracking System 2010 General Election State Representative District 116 Alex Diaz Write-In Address SW 12 Street Miami, FL Campaign Treasurer Alex Diaz Phone: (786) Status: Defeated Date Filed: 06/17/2010 Date Qualified: 06/17/2010 Method: Write In Candidate fl. US/ candidate/candetai1.asp?account=

8 ~w ~ " ~_._ ~ FLORIDA DEPARTMENT OF STATE, DIVISION OF ELECTIONS CAMPAIGN TREASURER'S REPORT SUMMARY (1 ) Alex Diaz (2) ~'---' ~-"' '.- Candidate, Committe or Party Name J.D. Number (3) SW 12 Street Miami FL _. --- Address (number and street) City State Zip Code o Check box if address has changed since last report (4) Check appropriate box(es): I8J Candidate (office sought): Political Committee D Check If PC has DISBANDED D 0 Committee of Continuous Existance o Check If GCE has DISBANDED D Party Executive Committee (5) REPORT IDENTIFIERS Cover Period: From 09/25/2010 To 10/08/2010 Report Type: G3 ~ Original o Amendment 0 Special Election Report (6) CONTRIBUTIONS THIS REPORT (7) EXPENDITURES THIS REPORT Cash & Checks $ Monetary Expenditures $ Loans $0.00 Transfers to Office Account $0.00 Total Monetary $0.00 Total Monetary $0.00 In-Kind $5, (8) Other Distributions Certification It is a first degree misdemeanor for any person to falsify a public record (s , F.S.) I certify that I have examined this report and it is true, correct and complete I certify that I have examined this report and it is true, correct aild complete -. --_.-..-_ _.._ _...._-_ Name of o Treasurer D Deputy Treasurer Name of ~ Candidate o Chaiman (PC/PTY Only x.... L ~--" L..._._... _.--~.--.. Signature._"_.- Signature _ _._-_.. _ _._------_._---_. Prepared on: :12:19AM Reviewed On: :31 am

9 9 4/8/2011 Account: STR Filed Reports for Elec 10: GEN Alex Diaz Page 1 Report: 2010 F1 (1) Due: 7/23/2010 Submitted Treasurer _._ _,_._.... 7/23/2010 Alex Diaz Repmt: 2010 F2 (2) Due: 8/6/2010 Submitted Treasurer Alex Dlaz Report: 2010 F3 (3) Due: 8/20/2010 Submitted Treasurer 8120/2010 Alex Diaz Report: 2010 G1 (4) Due: 9/17/2010 From: 6/17/2010 To: 7/16/2010 Appointed }!,ithd~ew Amd: N Cmplt NOD Entry Method Web Data Entry From: 7/ To: 7/30/2010 Amd: N Cmplt: COM Appointed Withdrew Entry, Method 6117/2010 Web Data Entry From: 1/ To: 8/19/2010 Amd: N Cmplt: COM Appointed _...,J!!ith~rew Entry Method 6117/20 I 0 Web Data Entry Filed: FIL :48:17 P Reviewed: ADD 7/23/2010 9:48:17 P File Method Chair PIN, , Web Filed 7/23/ , -_.. _ Filed: FIL 8/7/201010:10:39 P Reviewed: AUD :06:54 P File Method Web Filed Chair PIN 8/7/2010 -~-",,--"~-~""'-' -' -----'-'--- Filed: FIL 8/20/20106:3803 P Reviewed: ADD 8120/20106:33:42 P File Method Web Filed Chair PIN 8/20/ ' '-~--'---~ ' From: 8/20/2010 To: 9/10/2010 Amd: N Cmplt: NOD Submitted Treasurer. ~._. ::Jppointed Withdrew. Entry Method 9116/2010 Alex Diaz Web Data Entry Filed: FIL 9/ :59:00 P Reviewed: AUD 9/16/20102:59:00 P File Method Web Filed Chair PIN 9/16/2010 Report: 2010 G2 (5) From: Amd: N Filed: FIL :42:.31 P Due: 10/1/2010 To: 9/24/2010 Cmplt: NOD Reviewed: ADD 9129/20102:42:31 P _~~~~:~~~!.~:~~~~'-_._...._....._.. Appointed Withdrew Entry Method. File Method Chair PIN 9/29/20lO Alex Diaz 6/17/2010 Web Data Entry Web Filed 9/29/2010 Report: 2010 G3 (6) Due: 10/15/2010 From: 9/25/2010 To: 10/8J2010 Amd: N Cmplt: COM S_u_b_m_it_te_d Ti-,r_e_as~u_r_er A~IJ1~'P_o_in_t_ed Withdrew Entry Method 10/ AlexDiaz 6117/2010 Web Data Entry Report: 2010 G4 (7) Due: 10/29/2010 Filed: FIL 10/2]/201011:22:50 Reviewed: AUD 10/29/20108:31:57 A File Method Chair PIN "'~""-'""'--''''- Web Filed 10/21/ '--' '---'--'-~ ~-.--~ From: 10/ To: 10/28/201 Amd: N Cmplt: COM Filed: FIL 10129/201011:31:00 Reviewed: AlID llfi120102:14:55p Sttb~!!:=-~._..!~:_~su~:,-... ~..._... Appointed Withdre_w E_n_t-,rY,--M_e_th_o_d F_il_e_M._et_"h_o_d C_h_al_'r PIN 10/29/2010 Alex Diaz Web Data Entry Web Filed 10/29/ ~--,, ~ _-_... _--_._--_.---_._---_... _ Report: 2011 TR (8) Due: 1/31/2011 Submitted Treasurer 1/ AlexDiaz From: To: Amd: N Cmplt: COM Appointed Withdrew Entry Method 6/ Web Data Entry Filed: FIL 113l/20113:45:10P Reviewed: ADD 12/ :56:34 File Method ----_ Chair PIN '--- Web Filed

10 ~ FLORIDA DEPARTMENT OF STATE, DIVISION OF ELECTIONS CAMPAIGN TREASURER'S REPORT SUMMARY (1 ) Alex Diaz (2) Candidate, Committe or Party Name ~~---." ~."'"~.--.-~ ~ " :...;..;.-~-.., ID Number (3) SW 12 Street Miami FL ,..._, ---..;..-~" Address (number and street) City State Zip Code [J Check box if address has changed since last report -- -_ (4) Check appropriate box(es): lr1 Candidate (office sought): Political Committee o Check If PC has DISBANDED 0 0 Committee of Continuous Existance D Check If CCE has DISBANDED 0 Party Executive Committee (5) REPORT IDENTIFIERS Cover Period: From 09/25/2010 To -10/08/2010 Report Type: G3 ~ Original D Amendment D SpeCial Election Report (6) CONTRIBUTIONS THIS REPORT (7) EXPENDITURES THIS REPORT Cash & Checks $0.00 Monetary Expenditures $000 Loans $0,00 Transfers to Office Account $0.00 Total Monetary $000 Total Monetary $0..00 In-Kind $5, (8) Other DI$tributiOriS Certification It is a first degree misdemeanor for any person to falsify a public record (ss , F.S.) I certify that I have examined this report and it is true, correct and complete I certify that I have examined this report and it is true, correct and complete.-.,~ :-.....: " ~--. _...,; ~... Name of o Treasurer D Deputy Treasurer Name of ~ Candidate o Chaiman (PC/PTY Only L_._.... X ' -._,,_._--... _._---_..... _-- Signature ---._ _- Signature ' _._ ' "'_...---" _... _ _._ _._------_.._ _..._....--_._--_.._---_..... Prepared on: 12/3/1D 10:12:19AM Reviewed On: 10/29/10 8:31 am

11 11 4/8/2011 Account: RptSeq: 6 ProcessDescription Create Pending Report File Pending Repmt Review Filed Report Queued Items for G3 STR 116 Alex Diaz Status Submitter Created LastUpdate Processing Complete /2010 2:49:04 PM 10118/2010 2;49:04 PM Processing Complete :22:50 PM 10/ :22;50 PM Processing Complete eboweil 10/29/20108:31:57 AM 10/29/20108:31:57 AM Page 1

12 FEC - Candidate/Committee Filir l-listory Report Page 1 of 1 12 search : contact us j 411 I subscribe tour I Florida Department of State - Division of Elections Candidate/Committee Lookup Name: Idiaz Election: AGct: 15271~ Type: I Candidate 'Searpbl ~ese~1 ::t!] Candidate Name: Alex Diaz Account: 5;2119 Date Due Date Filed Status 10/29/2010 G4 10/29/ /15/2010 G3 10/21/2010 SNT 10/1/2010 G2 9/29/2010 9/17/2010 G1 9/16/2010 8/20/2010 F3 8/20/2010 8/6/2010 F2 8/7/2010 CLO 7/23/2010 F1 7/23/2010 Fine Late Assessed 6 $1, $50.00 Amount Amount Fined Paid $1, $ $50.00 $

13 13 HISTORY NOTES Alex Diaz Unique ID Date Recorded last Edited Date Orginally Recorded By /4/20111:18:00 PM 4/5/2011 9:58:26 AM taholdeen 2010 G3: Per Tracie at FEe, Mr.. Diaz is appealing this fine. I asked her to send me over a copy of this appeal, since we didn't have a copy, or knowledge of it..._..._..._..._ RE: 2010 G3 Fine 1/27/2011 9:26:00 AM ebowen ernial sent to Alex Diaz- Mr Diaz- The 2010 G1 campaign treasurer's report was not timely filed. Accordingly, you have been fined in the amount of $1, I have attached the fine letter that was mailed to you previously, regarding the report. To avoid further action, contact me upon receipt of this to discuss payment of the assessed fine Thanks Erika Bowen Division of Elections (850) ~ ~ /3Qf :15:00 AM ebowen RE: 2010 G3 Fine 11:15 -Called number phone rang no voic option. ---_.. _ _... _------_...--_._ /31/201011:14:00 AM Ijrandolph Optional Number for candidate (305) Page 1 of 1 4/8/2011

14 14 Respondent: Alex Diaz FLORIDA ELECTIONS COMMISSION PHONE LOG Case No.: FEC Complainant: Division of Elections l. Date and time: March 29,2010; 10:15 a.m. N arne: Theresa Holdeen, Division of Elections Phone #: Summary: Ms. Holdeen stated that the Division only uses notification for notices not required by statute., Ms" Holdeen stated if a report has not been filed on the due date, it is standard procedure for the Division to mail the failure to file notice the next business day. Ms. Holdeen she didn't know why Mr. Diaz's failure to file notice was mailed on the second business day. Memo to File? No Entered by: ta 2. Date and time: Name: Phone #: Summary: Memo to File? No Entered by: 3. Date and time: Name: Phone #: Summary: Memo to File? No Entered by: 4. Date and time: Name: Phone #: Summary: Memo to File? No Entered by: 5. Date and time: Name: Phone #: Summary: Memo to File? No Entered by: 6. Date and time: Name: InvOOI (10/07)

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

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