STATE OF FLORIDA FLORIDA ELECTIONS COMMISSIO!'fl.ECTIONS COMMISSION ORDER OF NO PROBABLE CAUSE

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1 F~t.. ED 02 MAY 20 PM 3: 18 STATE OF FLORIDA STATE OF FLORIDA FLORIDA ELECTIONS COMMISSIO!fl.ECTIONS COMMISSION In Re: Paul Joyal and Home Builders and Contractors Association of Brevard Political Issues Committee Case No: FEC F.O No.: DOSFEC W ORDER OF NO PROBABLE CAUSE THIS CAUSE came on to be heard by the Flo1ida Elections Commission at its regularly scheduled meeting held on May 9 and 10, 2002, in Miami, Fl01ida. After considering the Statement of Findings and the 1ecommendations of counsel, the Commission finds that there is no probable cause to believe that the Respondent violated: Section , Florida Statutes, prohibiting a person from knowingly aiding, abetting, or advising another person to violate a provision of the Fl01ida Election Code; and Section ), Florida Statutes, prohibiting a person from making contributions to or receiving contributions on behalf of a candidate except through the campaign treasurer.. Therefore, it is ORDERED that this case is DISMISSED.. DONE AND ENTERED by the Florida Elections Commission and filed with the Clerk of the Commission on May 20, 2002, in Tallahassee, Florida Susan A MacManus, Chairman Florida Elections Commission 107 W. Gaines Street Collins Building, Suite 224 Tallahassee, FL P _ C007 1/98)

2 FLORIDA ELECTIONS COMMISSION STATEMENT OF FINDINGS Case Number: FEC Respondent: Paul Joyal and Home Builders and Contractors Association of Brevard Political Issues Committee Complainant: Tom Gamer On October 10, 2001, the Florida Elections Commission received a sworn complaint alleging that the Respondent violated Chapters 104 and 106, Florida Statutes The Commission staff investigated the allegations and based on the facts and conclusions of law contained in the Complaint, the Report of!nvestigation, and this statement, the staff recommends that there is no probable cause to charge the Respondent with violating: Section , Florida Statutes, prohibiting a person from 1 knowingly aiding, abetting, or advising another person to violate a \ provision of the Florida Election Code; and I \ Section ), Florida Statutes, prohibiting a person from making contributions to or receiving contributions on behalf of a candidate except through the campaign treasurer. Summary of Facts and Conclusions of Law L Respondent is the Home Builders and Contractors Association of Brevard Political Issues Committee HBCABPIC), a political committee that filed its statement of organization with the Division of Elections on December 14, 1992, and the committees fo1mer chairman, Paul Joyal 2.. Complainant is an environmental activist and a resident of Escambia County l. Sections 104.,091 & ), Florida Statutes 3 The Commission staff investigated whether Respondent violated Sections & ), Florida Statutes, during the 2000 election cycle by knowingly aiding, abetting, 1 or advising another person to violate Section ), Florida Statutes, and making contributions to a candidate other than through the Campaign treasurer of the candidate. Section 1 Abet is a French word which combines "a" with "beter"-to bait or excite an animal Abettor means a person who commands, advises, instigates, or encourages another to commit a violation of the code Blacks Law Dictionary, 5 \ 6" ed 1990) Som 11 3/02) 1

3 ), Florida Statutes, places a $500 limit on contributions to a candidate for each election, except for political party contributions Respondent s counsel, John French, offered no response to the complaint on behalf of his client During a telephone conversation on February 5, 2002, counsel advised Commission staff that he would not be filing a response to the complaint HBCABPIC 5.. Commission staff obtained certified copies of Respondent s campaign file from the Division of Elections. HBCABPIC is affiliated with the Home Builders and Contractors Association of Brevard HBCAB), a not for profit corporation, whose website 3 states it is affiliated with the Florida Home Builders Association FHBA) and the National Association of Home Builders NAHB).. The Respondent and the co1poration share the same mailing address: 1500 West Eau Gallie Boulevard, Suite A, Melbourne, Florida There is a third entity affiliated with HBCAB and HBCABPIC and that is the Home Builders and Contractors Association of Brevard Committee of Continuous Existence HBCABCCE) 4 6 According to the Division of Corporations, the not for profit corporation registered with the state in November 25, Section ), Florida Statutes, provides: l)a) Except for political parties, no person. political committee. or committee of continuous existence may. in any election. make contributions in excess of $500 to any candidate for election to or retention in office or to any political committee supporting or opposing one or more candidates. Candidates for the offices of Governor and Lieutenant Governor on the same ticket are considered a single candidate for the purpose of this section b)l The contribution limits provided in this subsection do not apply to contributions made by a state or county executive committee of a political party regulated by chapter 103 or to amounts contributed by a candidate to his or her own campaign 2.. Notwithstanding the limits provided in this subsection, an unemancipated child under the age of 18 years of age may not make a contribution in excess of$100 to any candidate or to any political committee supporting one or more candidates. c) The contribution limits of this subsection apply to each election. For purnoses of this subsection. the first primary. second primary. and general election are separate elections so long as the candidate is not an unopposed candidate as defined in s !21 However; for the purpose of contribution limits with respect to candidates for retention as a justice orjudge, there is only one election, which is the general election With respect to candidates in a circuit holding an election for circuit judge or in a county holding an election for county court judge, there are only two elections, which are the first primary election and general election emphasis added) Pursuant to Section ), Florida Statutes, HBCABCCE, like all Committees of Continuous Existence, is registered with the Division of Elections in Tallahassee. Florida, unlike other states, has two types of committees: CCEs and political committees A political committee is registered with the city clerk or local supervisor of elections if it activities are limited to a city or county; otherwise, it is registered with the Division of Elections Sot1ll 1 3/02) 2

4 7.. Complainant alleged that Respondent accepted contributions from a building industry CCE in Escambia County, and, in turn, Respondent contributed to candidates that CCE was supporting in Escambia County. 8. Commission staff secured a certified copy of Respondents 2000 campaign treasurers reports from the Division of Elections Complainant alleged that the Escambia County CCE made a $500 contribution to Respondent on October 6, 2000; however, Respondents reports and bank records show that it received only two contributions during the calendar year of The two contributions were received in August 2000 and were from FHBA and Arthur Rutenberg Homes II. Conclusion. 9 After investigation, Commission staff determined that the proper Respondent in this case is HBCABCCE and staff recommends that the Commission find no probable cause to charge the Respondent with violating Sections & ), Florida Statutes Respectfolly submitted on April 12, 2002, i Copy famished to: Barbara M.. Linthicum, Executive Director Keith Smith, Investigator Specialist Sotul I 3/02) 3

5 " I NOTICE OF RIGHT TO APPEAL Pursuant to Section , Flo1ida Statutes, the Respondent may appeal the Commissions final order to the appropriate district court of appeals by filing a notice of appeal both with the Clerk of the Floiida Elections Commission and the Cle1k of the district court of appeals.. The notice must be filed within 30 days of the date this final order was filed with the Clerk of the Commission and must be accompanied by the appropriate filing fee.. Copies furnished to: Phyllis Hampton, Geneial Counsel John French, Attorney for Respondent Paul Joyal, Respondent Tom Game1, Complainant Dept of State, Division of Elections, Filing Officer Attachment: Statement of Findings I P _ C007 1/98)

\~,.. -(! STATE OF FLORIDA FLORIDA ELECTIONS COMMISSIOl'{\3 MA'( 30 f.1\'1 \Q: 55 ORDER OF NO PROBABLE CAUSE

$\~,.. -(! STATE OF FLORIDA FLORIDA ELECTIONS COMMISSIOl'{\3 MA'( 30 f.1\'1 \Q: 55 ORDER OF NO PROBABLE CAUSE$ '""' ~~"'! i~ 1 S:o: T, w:: \\~.. r'. \~,.. -(! STATE OF FLORIDA FLORIDA ELECTIONS COMMISSIOl'{\3 MA'( 30 f.1\'1 \Q: 55 In Re: Franck Kaiser in his capacity as executive vice president of the home Builders