STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION.. -~, ",- < ---~-;._... /: \ 'i '~: \... v FLORIDA ELECTIONS COMMISSION, PETITIONER, v. MOTI KHEMLANI, RESPONDENT../ AGENCY CASE No.: FEC 05-215 F.O. No.: DOSFEC 06-114 W CONSENT FINAL ORDER The Respondent, Moti Khemlani, and the Florida Elections Commission (Commission) agree that this Consent Order resolves all of the issues between the parties in this case. The parties jointly stipulate to the following facts, conclusions of law, and order: FINDINGS OF FACT 1. Respondent, Moti Khemlani, is the treasurer for Protect Tuscawilla and Winter Springs Political Committee (PTWSPC). Complainant, Edward Martinez, Jr., is a former city commissioner and a member of the THOA 2. On January 10, 2006, the staff drafted a Staff Recommendation recommending to the Commission that there was probable cause to believe that The Florida Election Code was violated. 3. On February 24, 2006, the Commission entered an Order of Probable Cause finding that there was probable cause to charge the Respondent with the following violations: One count of violating Section 106.07 ( 5), Florida Statutes, prohibiting a campaign treasurer from certifying to the correctness of a campaign treasurer's report that is incorrect, false or incomplete; and One count of violating Section 1 06.19(1 )(a), Florida Statutes, 1
prohibiting a person or organization from accepting a contribution in excess of the legal limits 4. On March 4, 2006, the Respondent was served by certified mail with a copy of the Order of Probable Cause. 5. The Respondent requested a hearing before the Commission within 30 days of receiving the Order of Probable Cause. 6. The Respondent and the staff stipulate to the following facts: A On December 17, 2004, Respondent filed a campaign treasurer's report with the filing officer. The dates listed on the report were August 24, 2004 through November 30, 2004. Respondent certified that the report was true, correct and complete. The reporting dates listed on Respondent's were incorrect The dates Respondent used did not coincide with dates provided by the Division of Elections or the Winter Springs City Clerk B. The table below displays the incorrect and m1ssmg information on Respondent's campaign treasurer's reports.. ----------------------------------- -------- MISSING AND INCORRECT INFORMATION ON RESPONDENT'S CTRs f---- - Date Reporting Missi ng Information Incorrect Information Filed Period 12/17/04 08/24/04 to 11/30/04 Original ----------------~-------------------------- Did not se parately report the $100 expen diture for the ad in the Tuscawilla Today. Reporting Period dates on the report were incorrect. Incorrectly listed a 10/29/04 bank fee as taking place on 10/24/04 Date of$5000 loan received from THOA incorrectly reported. 2
C. On August 26, 2004, (PTWSPC) accepted a $5000 loan from the THOA. The $5000 loan constitutes a contribution in excess of the legal limit provided for in Section 106.08, Florida Statutes ($500).. CONCLUSIONS OF LAW 7. The Commission has jurisdiction over the parties to and subject matter of this cause, pursuant to Section 106.26, Florida Statutes.. 8.. The Commission staff and the Respondent stipulate that the facts set forth in the Staff Recommendations constitute a willful 1 violation of Sections 106..07(5) and 106.19(1)(a), Florida Statutes. ORDER 9. The Respondent and the staff of the Commission have entered into this Consent Order voluntarily and upon advice of counsel 10. The Respondent shall bear his own attorney fees and costs that are in any way associated with this case.. 11. The Respondent understands that before the Consent Order becomes final agency action, the Commission must approve it at a public meeting. After approval, the Consent Order constitutes final agency action of the Commission on the violations listed in the Order of Probable Cause.. 1 10637, Fla Stat, provides that a person willfully violates Ch. 106, Fla. Stat.: If the person commits an act while knowing that, or showing reckless disregard for whether, the act is prohibited. or does not commit an act while knowing that, or showing reckless disregard for whether the act is required. A person knows that an act is prohibited or required if the person is aware of the provision which prohibits or required the act, understands the meaning of that provision, and performs the act that is prohibited or fails to perform the act that is required. A person shows reckless disregard for whether an act is prohibited or required under this chapter if the person wholly disregards the law without making any reasonable effort to determine whether the act would constitute a violation. 3
12. The Respondent voluntarily waives the right to any further proceedings under Chapters 104, 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 expressly waives any venue privileges and agrees that if enforcement of this Consent Order is necessary, venue shall be in Leon County, Florida, and Respondent shall be responsible for all fees and costs associated with enforcement. 14. If the Commission does not receive the signed Consent Order by Tuesday August 1, 2006, the staff withdraws this offer of settlement and will proceed with the case. 15.. Payment of the civil penalty is a condition precedent to the Commission's consideration of the Consent Order. PENALTY WHEREFORE, based upon the foregoing facts and conclusions of law, the Commission finds that the Respondent has violated the following provisions of Chapter 106, Florida Statutes, and imposes the following fines: A Respondent has violated Sections 106.07(5) Florida Statutes, on one occasions for certifying that a campaign treasurer's report was true, correct and complete when it was not Respondent is fined $500 for this violation. B. Respondent has violated Sections 106J9(1)(a), Florida Statutes, on one occasion for accepting an excessive contribution in the form of a loan from the Tuscawilla Homeowners Association. Respondent is fined $500 for this violation. Therefore it is ORDERED that the Respondent shall remit to the Commission a civil penalty in the amount of $1000, inclusive of fees and costs.. The civil penalty shall be paid to the Florida 4
Elections Commission, 107 W. Gaines Street, Collins Building, Suite 224, Tallahassee, Florida, 32399-1050.. The Respondent hereby agrees and consents to the terms of this Order on --!_l...,(}t:., 2006. ~s-e-,-e- sq Chase! Freeman PO Box 196309 Winter Springs, FL 32719 Moti Khemlani 605 Morgan Street Winter Spings, FL 32708 The Commission staff hereby agrees and consents to the terms of this Consent Order on '2006.. Eric M. Lipman Florida Elections Commission 107 W. Gaines Streets Collins Building, Suite 224 Tallahassee, FL 32399-1050 Approved by the Florida Elections Commission at its regularly scheduled meeting held on August 17 & 18, 2006 at Tallahassee, Florida and filed with the Clerk of the Commission on, 2006, in Tallahassee, Florida.. Chance Irvine, Chairman Florida Elections Commission 107 W. Gaines Streets 5
Collins Building, Suite 224 Tallahassee, FL 32399-1050 Copies furnished to: Eric M. Lipman, Assistant General Counsel Damon A Chase, Attorney for Respondent (certified mail w OPC), 6