STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION 00 FEC I 4 PM 3: ~ 0 I IN RE: The Reform Party Executive Committee of Duval County and Howard Johnson, Chairman I Case No. FEC 97-039 F.O. No. DOSFEC 00-00lW CONSENT ORDER The Respondent, the Rdorrn Party Executive Committee of Duval County and Howard Johnson, Chairman, and the Flo1 ida Elections Commission (Commission) agree that this Consent Order resolves all of the issues het\veen the parties. The parties jointly stipulate to the following facts, conclusions of law. and order: FINDINGS OF FACT 1. On July 17, 1998, the staff of the Commission issued a Statement of Findings, recommending to the Commission that there was probable cause to believe that the Respondent violated Sections 106.021(1), 106.07('.:>), and 106.19(l)(c), Florida Statutes. 2. The Respondent and the staff stipulate to the following facts for the purposes of this proceeding: A. The Respondent is a political committee known as the Reform Party Executive Committee of Duval County and its chairman. The Complainant is registered with the Stat~ of Florida as chairman of the Reform Party of Florida. B. Respondent filed a statement of organization on September 12, 1996, with the filing officer on behalf of the Reform Party Executive Committee of Duval County. Respondent also filed an appointment of treasurer and designation of campaign depository on the same day. C. On August 14, 1996, Respondent's chairman paid $138. l 0 to the Duval FAAOl l (01/98)
County Supervisnr of Elections Office for tapes listing registered voters. D. Respondt:nt's chairman signed and filed six campaign treasurer reports for Respondent.. Only two transactions are reported: the first is a contribution of $100 from the chairman; the second is a repayment of the $100 contribution to the chairman. The l hairrnan filed a waiver of report \\ith the filing officer for the last four reporting periods, certifying that there was no financial activity during these reporting p1.. riods. E. On Septc:mber 28, 1996, Respondent's chairman and treasurer, William Dane, attended tile meeting of the National Reform Party Steering Committee in Schaumbert, Illinois. F. On or about October 1, 1996, and November 1, 1996, Respondent's chairman mailed approximately 800 letters to Reform Party members throughout the state. G. On or about October 11, 1996, Respondent's chairman sent a letter requesting a list of repistered Reform Party voters to each of the 67 Florida Supervisors of Elections. H. On Octtiber 29, 1996, Respondent's chairman participated in a teleconference meeting with the National Reform Party Steering Committee at a cost of $70. I. On October 30, 1996, Respondent's chairman paid $11 to Palm Beach Supervisor of Ek ctions Office for a list ofregistered voters. J. On November 16, 1996, Respondent's chairman organized and attended a caucus in Jackso11ville, Florida, at a cost of $8.5. K. On January 5, 1997, Respondent's chairman participated in a teleconference meeting with the National Reform Party Steering Committee. FAAOI I (01/98)
L. On March 16, 1997, Respondent's chairman participated in a teleconference meeting with the National Reform Party Steering Committee at a cost of $60. M. On April 6, 1997, Respondent's treasurer pai1icipated in a teleconference meeting vvith the \Jation Reform Party Steering Committee. 3. On August 13. 1 ll98, the Commission entered an Order of Probable Cause finding there was probable cause to beli~ve that the Respondent violated Sections 106.021(1), 106.07(5), and 106.19(1 )( c ), Florida Statuh.:s.. 4. On August 26, 1998, the Respondent's attorney was served by certified mail with a copy of the Order of Probable Cause. 5. The Respondent requested. a hearing before the Commission within 21 days of receiving the Order of Probable Cause. CONCLUSIONS OF LAW 6. The Commission has jurisdiction over the parties to and subject matter of this cause, pursuant to Section 106.:26, Florida Statutes. 7. The Commissi(lll sta[; and the Respondent stipulate that the Respondent disregarded the requirements uf Sections 106.021(1), 106.07(5), and 106.19(l)(c), Florida Statutes, and failed to make reasonable efforts to determine whether his conduct violated the sections.. ORDER 8. The Respondent and the staff of the Commission have entered into this Consent Order voluntarily and upon advice of counsel. 9. The Respondent shall bear his own attorney fees and costs that are in anyway associated with this case. 10. The Respondent understands that before the Consent Order is final agency action, FAAOl I (01/98)
the Commission must approve it at a p11blic meeting.. 11. After it is approved by the Commission, this Consent Order constitutes final agency action of the Commission on the violations charged in the Order of Probable Cause. 12. The Respondent voluntarily waives the right to any forther proceedings under Chapters 106 and 120, Florida Statutes, and the right to appeal the Consent Order. 13. This Consent Order is enforceable under Sections 106.265 and 120.69, Florida Statutes. The Respondent expn.:ssly vvaives any venue privileges and agrees that if enforcement of this Consent Order is necessmy, venue shall be in Leon County, Florida. 14. The Respondent's chairman shall file with the Duval County Supervisor of Elections amended campaign treasurer reports listing all expenditures and contributions of Respondent as a condition precedent to the.commission's execution of this Consent Order. 15. The Respondent shall remit to the Commission a civil penalty in the amount of $1250 for violating Sections loo.021 (1 ), 106.07(5), and 106.19(1 )( c), Florida Statutes. The civil P'=nalty ~hall be paid to the Florida Elections Comrr,;ss'.on, Room 2002, The Capitol, Tallahassee, Florida, 32399-1050, as a condition precedent to the Commission's execution of this Consent Order. The Respondent hereb: agrees and consents to the terms of this Consent Oi'der this jr[5 day of January, 2000. Anthony E. Puci Attorney for Respondent 12795 Wilderness Drive Palm Beach Gardens, FL 33418-8652 ( 407) 626-0999 Florida Bar No.: 175532 FAAOl l (01/98)
The Commission staff hereby agrees and consents to the terms of this Consent Order this o2o/'t!-- day of --- 2000. 'MiCl1aelT:MCGOkin 7 Assistant General Council Florida Elections Commission Room 2002, The Capitol Tallahassee, FL 32399-1050 (850) 922-4539 Florida Bar No.. : 0881030 Approved by the Florida Elections Commission at its regularly scheduled meeting held on February 2 and 3, 2000, at ~liami, Florida and filed with the Clerk of the Commission on the l#f~ day of February 2000, i11 Tallahassee, Florida. ~tf./j1vc~ Susan A. MacManus, Chairman Florida Elections Commission Room 2002, The Capitol Tallahassee, FL 32399-1050 Copies furnished to: Michael T. McGuckin, Assistant General Counsel Howard Johnson, Respondent (certified mail) Anthony E. Pucillo, Attorney for Respondent Carl Owenby, Jr., Complainant Supervisor of Elections, Duval County, Filing Officer FAAOl I (01/98)