STATE OF FLORIDA.. 1,,, FLORIDA ELECTIONS colv(lv[1ssion '. >:':; _;:, " ~ ~~ -;_,.,; ' '-,.. ' ~-.,,. FLORIDA ELECTIONS COMMISSION, PETITIONER, v. DA YID GOODSTEIN, RESPONDENT. AGENCY CASE No.: FEC 03-210 DOAH Case No.: 04-2404 F.0. No.: DOSFEC <#> 04-164 w CONSENT ORDER The Respondent, David Goodstein, 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. The Respondent is David Goodstein. 2. On May 21, 2004, the staff drafted an Amended Statement of Findings recommending to the Commission that there was probable cause to believe that The Florida Election Code was violated. 3. On May 28, 2004, 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 106.021(1), Florida Statutes, prohibiting a person on behalf of a political committee from accepting contributions or making expenditures prior to appointing a campaign treasurer and designating a campaign depository; Eight counts of violating Section 106.021(3), Florida Statutes, prohibiting a person from making an expenditure except through the campaign treasurer; 1
One count of violating Section 106.03(1), Florida Statutes, failure of a political committee to timely file a statement of organization; Five counts of violating Section 106.07(5), Florida Statutes, prohibiting a political committee chairman from certifying to the correctness of a campaign treasurer's report that is incorrect, false, or incomplete; One count of violating Section 106.09(1), Florida Statutes, prohibiting a person from making or accepting a contribution in cash or by a cashier's check in excess of $100. 4. On June 1, 2004, 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. Respondent, David L. Goodstein, is the chairman and treasurer of a political committee named Derail the Bullet Train (DEBT-PAC). The Complainant, C.C. Dockery, is a businessman who reportedly financed the drive to have the amendment that authorized the high-speed rail system placed on the November 7, 2000 ballot. B. Respondent filed a Statement of Organization and designated himself as the campaign treasurer of DEBT-PAC on February 18, 2002. The Statement of Organization was amended and re-filed with the Division of Elections, via facsimile, on February 21, 2002. The Division of Election received the original copy of the February 21, 2002 facsimile filing on February 25, 2002. Bank Atlantic was designated as the campaign depository on the second filing, but a campaign account was not opened until March 13, 2002. C. A review of the Ql campaign treasurers report (CTR) which covered the time period between January 1, 2002 through March 31, 2002 revealed that the committee accepted two contributions totaling $873.00 on January 10, 2002. The first reported contribution was made by a developer named Dean Borg using a check issued in the amount of $750.00. The second contribution was a cash contribution made by Respondent in the amount of $123. These contributions were accepted approximately 39 days prior to the committee filing the first Statement of Organization. D. In a completed questionnaire affidavit, Respondent reported that 2
these contributions were accepted prior to DEBT-PAC filing a Statement of Organization so the committee would have funds to pay for any start-up costs. Respondent also reported that he had never been a campaign treasurer for a candidate for public office. E. Respondent reported that DEBT-PAC made a total of eight expenditures in the 2002 calendar year. These expenditures totaled $2,477.82. All the expenditures were reported as reimbursements to Respondent. Several of the campaign treasurer's reports contain inaccuracies or omissions concerning the items for which Respondent received reimbursement. F. The eight counts of violating Section 106.021(3), Florida Statutes, prohibiting a person from making an expenditure except through the campaign treasurer, have been rendered moot as a result of subsequent legislation. 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 to the facts set forth in the Statement of Findings and to the ability of the Commission to impose a civil penalty in accordance with Section 106.265, 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 3
Probable Cause. 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. The Respondent and the staff of the Commission agree that this Consent Order and the terms contained herein shall not constitute an admission against interest or acknowledgement of guilt as to any criminal charge that might arise from the allegations that form the basis of the complaint filed on July 22, 2003, against Respondent and this Consent Order. 14. 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. 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 Section 106.07(5) Florida Statutes, on five occas10ns by certifying to the correctness of a campaign treasurer's report that is incorrect, false, or incomplete. Respondent is fined $375.00 for each of the five counts for a total of $1,875.00. B. Respondent has violated Section 106.021 (1 ), Florida Statutes, on one occasion by accepting contributions prior to appointing a campaign treasurer and designating a campaign depository. Respondent is fined $375.00. 4
C. Respondent has violated Section 106.03(1 ), Florida Statutes, on one occasion for failure of a political committee to timely file a statement of organization. Respondent is fined $375.00. D. Respondent has violated Section 106.09(1), Florida Statutes, on one occasion by making or accepting a contribution in cash or by a cashier's check in excess of $100. Respondent is fined $375.00. Therefore it is ORDERED that the Respondent shall remit to the Commission a civil penalty in the amount of $3,000.00, inclusive of fees and costs. The civil penalty shall be paid to the Florida Elections Commission, 107 W. Gaines Street, Collins Building, Suite 224, Tallahassee, Florida, 32399-1050, as a condition precedent to the Commission's execution of this Consent Order. The Respondent hereby agrees and consents to the terms of this Consent Order on _O_c~fvkr,_~---' 2004. Boca Raton, Florida 33431 F aa020 (2/04) 5
The Commission staff hereby agrees and consents to the terms of this Consent Order on {]~ I I/, 2004. Charles A. Finkel General Counsel 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 November 17 & 18, 2004 at Tallahassee, Florida and filed with the Clerk of the Commission on -~O~ec_e_rn_b_e_r ~----' 2004, in Tallahassee, Florida. ) Chance Irvine, Chairman Florida Elections Commission 107 W. Gaines Streets Collins Building, Suite 224 Tallahassee, FL 32399-1050 Copies furnished to: Charles A. Finkel, General Counsel David Goodstein, Respondent Robert B. Goldman, Attorney for Respondent C. C. Dockery, Complainant Division of Elections, Filing Officer F aa020 (2/04) 6