STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION
In Re: Paul Crespo Case No.: FEC 12-094 ------~/
NOTICE OF HEARING ON APPEAL OF AUTOMATIC FINE
as the 1 ~ll!;tj~s •jiL,, • Respon a · e11,~, 1 ~m Commission: S401, 'Il~,I\a.~l!ssee, ... ("1 ~trhn,; '·< , ) : l\:ltQ:G>~~ you case wiJt•·J)~IIIIax§cussed i;:·i' ,y >:>·', ' documents;:)yqu, want p1ior to the'heming. I If your··., 1 (850) 922-45. ~quire ar:~r~~~~~;~~~~~rr gct~~ri:;~:§~~ I allahassee, ~· "'llu"'c'~f-·>·"i::.> PLEASE r ~Cata/4AO RosaJnia Catalano Executive Director Hea038 (2/09) Please be advised that other cases have been scheduled for the same time.. 1 herefore, your case may not be called exactly at the time set forth ou this notice .. At the automatic fine heming, the Fl01ida Elections Commission will decide whether Respondent's cmnpaign treasurers report was timely filed or whether there were unusual circumstances that excuse his failure to timely file his report Rule 2B-l 0055, Florida Administrative Code, defines unusual circumstances as "uncommon, mre or sudden events over which the actor has no contwl and which directly result in the failure to act in accordance with the filing requirements .. Circumstances which allow for time in which to take those steps necessary to assure compliance with the filing requirement shall be deemed not to constitute unusual circumstances " · The heming will be COJ1dl,Lqte:dJmn>.\!ant,t:o.~)ection 106.07(8)(c),Florida Statutes, if Respondent is a candidate, a communic~tions 01ganization; Section 106 04(8)( c), a committee ofcontirilious existence; or Section 106 29(3)( c), political pmty; .. and Cqmmission Rules 2B- 1 .005, 1 ' . +' The .. . recording is re<;rd of the.,hea,!i.llg, .. at his own expense, _ !lh' -" _ "- -"""- 'n;ll -~~~~~- uhl1qJ·· • ll' \r\ a . . , tq~!~~~~~{·ecord l~.e;~e:ann~: :: ,;>" __ . . . . . !;,Wj~!IL"\. \. Before ~¥-ing a decision, the CommlssXon wi\l!e'Y~~;Y th,e ~n*t~~~~,$locui?erifs submitted by Respon~rljl.t and staff at least ten days before t~e he~t;ng. a~dl;1~~e .~Wf9~:fllatwn presented at the hearing. ~ule 2B-L005, Florida Adminis\~atiy,~ (g(ill;~RJOF~~e~lltJ:!~ti!L~less good cause is shown, the Commission will not consider· any·Himl:itterli testify .under· oath on cr0ss-,exami11e those esi,on;:re:ii.t, sllpre:.s:erttation, staff will "mnm,t "·''"'~-·- !~!r~~~{!Jf~~~~~~1m:;t witnesses, Respondent may cross'-e?<;jmine'~~~!sewllii"l!'s:~~ At any time during of Respondent, his attorney, the witnesses, are the Commissioners will discuss the case and decide . was timely filed or whether there were unusual circumstances that excuse his ... · timely his report The Commission will make a decision by a majority vote ofthose members present and voting After the Commission meeting, the Commission will send Respondent a written Older reflecting the Commission's decision If the Commission upholds the fine, Respondent will have 30 days to pay the fine If you have any questions about the procedures for the hearing, please contact Donna Malphurs at 107 W. Gaines Street Collins Building, Suite 224 Tallahassee, FL 32399-1050, phone number: (850) 922-4539. Hea038 (2/09) ( FLORIDA ELECTIONS COMMISSION 107 W. Gaines Street, Collins Building Suite 224 Tallahassee, Florida 32399-1050 (850) 922-4539 May 31,2012 Mr. Paul Crespo 4100 Monsen ate Street Com! Gables, Florida 33146 RE: Case No.: FEC 12-094; Campaign Treasurer's Report due 04/10/12 Dear Mr Crespo: The Florida Elections Commission received your letter appealing the fine assessed against you for failing ton timely file yourn2012 Q1 campaign treasurer's report. I artticipate that the u·-·---commrsswn wi1rnear yom case at its next meeting, which is presently scheduled for August 14- 15, 2012, in Tallahassee.. A notice of hearing will be mailed to you at the address on file approximately 14 days prior to the hearing. In reaching its decision, the Commission will consider the documents gathered by Commission staff artd arty documents you submit for the Commission's consideration before its meeting .. Unless good cause is shown, the Commission will not consider· arty written document unless it has been filed with the Commission Clerk at least ten days before the meeting.. Rules 2B-1 005, 10052, artd 1 .0055, Florida Administrative Code, are the Commission's rules on the appeal of automatic fines. The Commission will uphold the fine imposed by the filing officer unless you provide credible evidence that the report was timely filed or credible evidence that unusual or other circumstances caused the report to be filed late .. If you are a county, municipal, or special district candidate or committee and your report was received by the filing officer without a postmark or with art illegible postmark more thart five days after the due date or it was delivered to the filing officer by a mail delivery service other thart the United States Postal Service, it will not be found timely filed unless you submit a copy of a proof of mailing or at a hearing before the Commission, presents the oral testimony of the person who timely mailed the report The proof of mailing submitted shall reflect that it was obtained from the United States Postal Service or other mail delivery service at the time of mailing and shall reflect that the report was mailed before midnight on the due date .. A metered postage mark does not constitute a postmark or a proof of mailing. If you carrnot show that your report was timely filed, the Commission may still grant you relief, AutOOI (8/08) / I but only if you show unusual circumstances.. Unusual circumstances is defined in Rule 2B-· 1.005(4), Florida Administrative Code, to mean "uncommon, rare; or sudden events over which the actor has no control and which directly result in the failure to act in accordance with the filing requirements." Unusual ciicumstances must occur within a time period that would clearly have prevented you from filing the report in a timely manueL Unusual circumstances shall not include the failure of the United States Postal Service or other mail delivery service to postmark an envelope, legibly postmark an envelope, or timely deliver mail. Further, unusual circumstances shall not include the failme of the sender to affix sufficient postage to a report that is being mailed Without credible evidence, the Commission will not find unusual circumstances I he following circumstances may constitute unusual circumstances so long as credible evidence is presented that unusual circumstances caused the report to be filed late. L Natural disaster or other emergency that prevented timely filing .. Evidence submitted must include copies of newspaper reports or other documents from an independent and reliable somce that shows the natme, date, and location of the natmal disaster or emergency. 2.. Death of the candidate or campaign treasurer or an immediate family member of the candidate or campaign tr·easurer.. Evidence submitted must include a copy of the death certificate, newspaper obituary, ot funeral -·------_program__,_<>_~_!ls>!i.~~----- ______-·--··- ______3.. Serious illness, disability or non-elective surgery of the candidate or campaign treasurer.. Evidence submitted must include a physician's certification on professional letterhead stationery that includes the dates of the illness, disability, ot smgety; a statement regarding the period of time that the patient was incapacitated; and a statement that smgery, if any, was not elective Copies of hospital records reflecting the dates of hospitalization may also show the period of incapacitation. 4 Serious illness, disability, or non-elective surgery of the immediate family member of the candidate or campaign treasurer. Evidence submitted must include evidence of the relationship of the candidate or treasuret to the family member, the location of the family member, and the reason the presence of the candidate ot campaign treasurer was required Evidence submitted must also include a physician's certification on pwfessional letterhead stationruy that includes the dates of the illness, disability or smgery; a statement regarding the period of time that the patient was incapacitated; a statement that surgery, if any, was not elective; and a statement that the patient tequired the care of a family member .. 5.. Computer or equipment failure caused by events that could not have been anticipated and that made timely filing of the report impossible .. Power outages or program failure does not constitute unusual circumstances unless it is established that reasonable precautions to assme the safety of the equipment or the ability of the program to perfi:)!m as anticipated were taken before the events causing failure of the equipment or program .. Evidence must include a Wiitten statement made undet oath in the presence AutOOI (6/07) ( of a notaiy or other person authorized to administer oaths indicating the cause and the duration of the power outage and the reasonable precautions taken to assure the safety of the equipment or the ability of the program to perform as anticipated. 6 The abrupt and unexpected loss of the campaign treasurer, over which you had no control. The loss of the campaign treasurer does not constitute unusual circumstances if the appealing party failed to monitor the campaign treasurer's performance before his or her departure or if the appealing party failed to assure prompt preparation of the report after the treasurer's departure.. Evidence must include a written statement made UIIder mith in the presence of a notary or other person authorized to administer oaths explaining the departure of your treasurer and the steps taken to monitor the treasurer's performance before his or her departure .. You may, of course, send any additional evidence that you believe supports your position that your report was timely filed or that UIIusual circumstances cause your report to be filed late .. Rule 2B-1005(3), Florida Administrative Code, provides that if you send additional documentary evidence, the Commission must receive it no later than 20 days fwm the date of this letter. Remember that the Commission will not consider any written document unless it has been filed with the Commission Clerk at least ten days before the meeting, UIIless good cause is showrtifthe documentary evidence is timely received, it will be presented to the Commission ------wherrit-consi-ders-your-appeal-·ofthe-assessed-fine:-·--·---· ·--·-·------·-·-·--· ------·---·-··· ------·- ·- It is your responsibility to provide the Commission with credible evidence that the report was timely filed or credible evidence that unusual circumstances caused the report to be filed late. If you do not provide the evidence requested in this letter or in the Commission rules, the Commission will uphold the fine assessed by the filing officer. If you have any questions, please contact Tracie Aulet, the Investigator assigned to this case at extension 114. Sincerely, D~M~p~~~ Agency Clerk AutOOl (6/07) / i. #55131 Paul Crespo (Letter of appeal) Holdeen, Theresa A to: donna .malphurs 05/23/2012 09:12AM Cc: "Bronson, Kristi R." This message has been replied----- to Donna, You should already have the letter of appeal, but just in case, as always I'm forwarding you a copy Mr Crespo is appealing the fine for the late filing of the 2012 Ql campaign finance report Also, I attached some other documents that you may or may not need. Theresa Bureau of Election Records This response is provided for reference only and does not constitute legal advice or representation A.s applied to a particular .set of facts or circumstances, interested parties should refer to the Florida Statute.s and applicable case Jaw, and/or consult a private attorney before drawing any legal conclu.sion.s or relying upon the information provided. Please note. Florida has a very broad public records law. Written communications to or from state officials regarding .state business constitute public records and are available to the public and media upon request unless the information is subject to a specific statutory exemption Therefore your e-_fJ18.lUJJ_B_S..S}ig_e~bJiiy_b__fLS.u.bje_cLto.P..u.b.l£cjJlS_clo.s.ur8.. __ ,______~------~-· _· ------~------~------~-----·-----~------· Florida is headed in the right direction! Click to Enlarge ~-~::-~/:1 Jiil'-\, .'"'anniversary _,moo<'''"" in 2013 For more0 '"''"" information, '"' oommom..,Oo please go to •www.fla500.com ''''"'' """' ] ltlbi< The Department of State is committed to excellence l~ Please take our Customer Satisfaction Survey #55131 Paul-,: Crespo 2012 01 Fine- Appeal Letter.pdf #55131 Paul Crespo- History Notes PDF #55131 Paul Crespo PDF ( HISTORY NOTES Paul Luis Crespo ·· 55131 UniqUeiD Date Recorded last Edited Date Or'ginally Recorded BY 26692 5/3/2012 3:29:00 PM lbelvin RE: DS·DE 9 305-206-6161 Called and sp·oke with M~ .. Crespo and explained that we need a resignation or remove! letter in order to process that ch Rec'd a voice rriail from treasurer Nichol~s G , and tried to return his call this morning. Left him a voice mail, basically letting him know I did speak with' the candidate yesterday (see previoUs note), and advised him to file the 2012 Q1 asap .. Also advised him I Woutdn t be running fine letters until Monday, and that we didri't have the jurisdiction to waive ftnes, so if he was interested in that, there would be instrUctions on the fine letter as t() how to appeal the fine with the FEC Left my number (and told Him I'd only be here until1 :30pn1 tOday), and alSo left him the number for the Help Desk as well ------····---- ·------.. ··-··-- 28504 4/23/2012 12:50:00 PM 4/24/2012 6:55:58 AM taholdeen 2012 Q1 FF: ...... _____Recd·can·trom·Mr:-Crospo"(CO'n~ldate)·-satd·he·Jasrgo·home·tas.t·ntght;and·found-hiS"copy·ohhe·ff·letterc·Says·he- .. ·--..·------ immediately called his treasurer, Who says he didn't get his copy of the letter. Candidate thinks it's because We don't have the correct address f6t' the treasurer. 1told .Mr. Crespo, that whan the treasurer goes into EFS to file the report. that he cari verify and/or correct his address under the 'campaign account' tab Mr_ Crespo stated the report should be filed today i also explained to him the process of app~aling the fine should he decide to do so once he received his fine letter 27164 11/28/2011 12:13:00 PM tahofdeen 2011 Q3 Fine: Rec'd call from candidate, who says h-e mailed the check last week, ,:)rior to Thanksgiving. However, he's not entirely sure whether he mailed it to us, or to the FEC. Will give 'fracie a call, and ask her to keep an eye out for it I told Mr. Crespo, that if we didn't receive it by the l;'nd of the week, I'd notify hiril so that he could put a stop payment on that check, and mail us a n·ewone ------·-·······.. ---······· Page 1 of3 5/23/2012 HISTORY NOTES Paul Luis Crespo - 55131 Unique ID Date Recorded Last Edited Date Ot'ginally Recorded By 27178 11/2812011 10:44:00 AM 11/2812011 11:25:44 AM taholdeen 2011 Q3 Fine: One last effort to get these folks to pay this fine, especially since the treasurer called me last month about it Sent the following email to the candidate {paul@paulcrespo com), as well as the treasurer (ngutier·rez@gzflaw com): To: Mr Paul Luis Crespo, Candidate Mr Nicolas Gutierrez Treasurer Attached are copies of previously mailed nOtices with regards to the fine owed for the late filing of the 2011 Q3 campaign finance report THIS IS A FINAL NOTIFICATION: Since I've already spoken wilh Nick' regarding this fine on 10/28/11, (and.the fine stm has not been paid), the matter can be referred to the Florida Elections Commission for enforcement. I've giving you a CQUrtesy final notice. before I do refer the matter Please pay this fine immediately to avoid referral to the Florida Elections Commission If you have any questions please feel free to contact me at the number listed below Thank you In advance for your immediate attention to this matter. Side Note: Rec'd this email back from treasurer: Thank you, but I unde·rstand that this fine has recently beeh paid I will immediately confirm san,.e with Mr Crespo Sincerely, NiColas J. Gutierrez Jr Attorney at Law Gutierrez & Franco LLP Douglas Entrance. South Tower 806 Douglas Road Su~e 625 Coral Gables, FL 33134 T I 305 856 5200 c 1305.343 3306 F I 305.856.0005 E I ngutie·rrez@gzflaw com I emailed him back thanking him for checking on this, because we ve not rec'd payment yet. ······------26853 10/28/2011 4:35:00 PM taholdeen 2011 Q3 fine: Rec'd call from treasurer (Nick}, who was inquiring if they could pay the fine out of campaign funds. Advised him that they could not He also asked who to make check out to and the address Gave him the information He stated they Would be mailing in the check. ···-·······- ·--- 25321 7/1212011 3:46:00 PM jmcollins candidate, treasurer PIN numbers per signed faxed request carididate and treasurer PIN numbers were released to treasurer at 305 442 2214 ---··-···---··--·----- ·------···- Page 2 of 3 5123/2012 ( HISTORY NOTES Paul Luis Crespo - 55131 UniqueiD Date Recorded Last Edited Date Orginally Recorded By 23199 3/29/2011 3:36:00 PM jmcollins re: treasurer's address Mail -sent to [email protected] came back as undeliverable I called 305-669-·0217 and got a: message saying "no one is available to take your call. please call again" There was no option to leave a voice mail ------···------··-·-··- Page 3 of 3 5/23/2012 / / ( I 512312012 Queued Items for 2012-01 Page 1 Account: 55131 SIR 102 Paul Luis Crespo Rpt Seq: 5 ProcessDescription Status Submitter Created Las/Update Create Pending Report Processing Complete 55131 4/24/2012 6:05:34 PM 4/24/2012 6:05:34 PM Recalc Pending Repoit I otal Processing Complete 55131 4/24/2012 6:13:12 PM 4124/2012 6:13:13 PM File Pending Repoxt Processing Complete 55131 4/2412012 6:14:06 PM 4/24/2012 6:14:06 PM Review Filed Report Processing Complete 55131 4/2412012 6:15:08 PM 412412012 6:15:08 PM I' 5/23/2012 Filed Reports for Elec 10: 20121106-GEN Page 1 Account: 55131 ··· S I'R Paul Luis Ctespo ------·------·-----·------··------·---··---··--··"·-····------··---··---- Report: 2011 01 (1) From: 3/8/2011 Amd: N Filed: FIL 4/1112011 8:19:47 P Due: 4/11/2011 To: 3/3112011 Cmplt: COM Reviewed: AUD 4/11/2011 7:18:26 P -~"!_mit_:_~---~r_e...,a_su...,':-.e-:-r------'A"'p"'p'-'o:.::i:.::nt.'!.q_ ____.:.:Wi..::it:.::h.:.:d:..:re'-'w'--'E:::ncct;:.,ry'-M.=e::.:th.:.:oc:d=----'F::cz:;.::·te Method------·· Chair· PIN 411\12011 Nicolas J Gutierrez 3/8/2011 5/15/2012 Web Data Entry Web Filed 4111/2011 ------·····--··-----·---·--·····--·····-···-·---·-·-·····-··------·---~---- Report: 2011 02(2) From: 4/1/2011 Amd: Y Filed: FIL 7/12120ll3:51:26 P Due: 7/11/2011 I o: 6130/2011 Cmplt: COM Reviewed: AUD 7/26/20ll4:15:10 P Submitted Tteasuru . Appointed Withdrew Entry Method File Method Chair PIN ~~-·-·-·~·· .. --. 7/12/2011 Nicolas J Gutierrez 3/8/2011 5/15/2012 Web Data Entry Web Filed 7/12/2011 7/26/2011 Nicolas J Gutiell'ez 3/8/2011 5/15/2012 Web Data Entry Web Filed 7/26/201 I .~~---·-·-···--·--··------··--·- Report: 2011 03 (3) From: 7/112011 Amd: N Filed: F'IL 10/1412011 5:08:17 P Due: 10/11/2011 To: 9/30/20il Cmplt: COM Reviewed: AUD I0/14120ll 5:07:41 P Submitted Treasuret Appointed Withdrew Entry Method F'ile Method Chair PIN I 0/14/20 1 I Nicolas -;J -:G::-u-.ti-er-re-z-----='f-3/,:.8/:;:2:;::0 1::;1=---'-'::5-:7/1':'5/::2'70:'::12:---;:W;';-e-;-b-';D::-'a':'ta-:E:;-n:.::tr..::.y Web Filed 10/14/2011 ---··--·····--·-··-····-·-----·-····--·----·· · ··-Report:-2011-Q4-(4)--·------·----·---·---From:-J0ll/20ll----Amd:-N--·--···-·--··--Filed:--FIL----lii012012-12:25:37-P------Due: 1110/2012 To: 12131/201 Cmplt: COM Reviewed: AUD 111012012 12:23:4SP Submitted Treasuru _ _:A~pt:J')J:::o:::in:.:t::::e::d __.:.:Wi.;i:::th:::d:::re:::w:--:E::·=-:n::try=-"M,"'e':cth:::o=d __ File Metho.;:d ___C=hc:;. a:"'-:i':r:':P:::'IN:':-- 1/10/2012 Nicolas J. Gutierrez 318/2011 5115/2012 Web Data Entry Web Filed 1/10/2012 ·---····-····----~-~-----···········-- Report: 2012 Q1 (5) From: 1/1/2012 Amd: N Filed: Fll, 4/24/2012 6:14:06 p Due: 4/10/2012 lo: 3/31/2012 C..'mplt: COM Reviewed: AUD 4124/2012 6:15:08 p Submitted Treasutet Appointed Withdrew Entrg}f.ethod File Method Chair PIN ----···-··--·--~--·-,-----.....!.::==::_..:.::.:~::::- 4/24/2012 Nicolas J Gutierrez 3/8/2011 5/15/2012 Web Data Entry Web Filed 4/24/2012 FLORIDA ELECTIONS COMMISSION CASE REPORT Case Number: FEC-12-094 NAME: PAUL CRESPO DAlE APPEAL RECEIVED: 05/22/12 DATE HEARD BY FEC: 08/14/12 ~i~il;~~~" l:i •' COIJNIY[ J DAIEHEARINGREQUESI RECEIVED: N/A GUY:[ l •... ···· DAlE REPORI DUE: 04/10/12 (2012 Ql) DAlE OF ELECTRONIC RECEIPT: 04/24/12 DAlE FILING OFFICER RECEIVED REPORI: 04/24/12 NUMBEROFDAYSLAIE: 14 AMOUNI OF FINE: $912.50 FINE BASED ON: ()NUMBER OF DAYS () 25% OF RECEIPTS (X) 25% OF EXPENDITURES TOIAL RECEIPIS FOR REPORIING PERIOD: $0 .. 00 TOIAL EXPE~~!_IURES FO~~E!Q_~IN_GPE~IOD: $3,650.00 DAlE OF FIRS I NOIIFICAIION: Failure-to-File letter dated 04/12/12 SUMMARY: Paul Crespo is a candidate for State Representative in the 2012 general election. Nicolas J Gutierrez is his treasurer Mr .. Crespo is appealing the fine claiming that the repmt was late due to a clerical error and that he was out of town when the report was due According to Mr Crespo, he was out of town during the week of the filing deadline and had been advised by his Treasurer that the report had been completed but later learned the report had not been filed.. Mr. Crespo states that cmrespondence from the Division, advising that the repmt had not been filed, was sent to his Treasurer with an incomplete address and his 1 reasurer never received the letter. Review of the candidate's DS-DE 9 form reflects that it appears the Failure-to-File letter was mailed to the Treasurer with the inconect zip code and without the specific suite number. However, according to records from the Division, previous correspondence had been mailed to the Treasurer at the same address the Failure-to-File letter was mailed and the issue of an incomplete address had not been raised by Respondent. According to records from the Division, the Q1 Report was created and filed on 04/24112. In a letter dated March 10, 2011, Mr Crespo was advised by the Division that it was his responsibility to print a copy of the Calendar of Repmting Dates. PRIOR CASES: Mr. Crespo has not had any prior cases before the Commission. FECACTION: FINEDUE:$.....,.--'-~-:-----:-~- DAlE:-----~...:_:_-__,~ I IMELY FILED: YES NO .. UNUSUALCIRCUMSIANCES: YES NO WAIVER: PARTIAL Fuu FINE!NCORRECTLYCALCULAIED: YES No UCREASON: INIIIALS: Aut047 (11108) }=e~: (.;1 ":l I ~ -· "t 'f ( I, Paul Crespo 4100 Monserrate St Coral Gables, FL 33146 May 17,2012 Florida Elections Commission 1 07 West Gaines Street, Suite 224 Tallahassee, FL 32399-0100 Re: NOTICE OF APPEAL To whom it may concern: Regarding the letter from the Florida Department of State, Division of Elections dated April30, 2012 (copy attached), I am writing to appeal my fine of $912 .. 50 caused by my campaign's late filing for the first quarter of 2012. I WoUld like to appeal due to the following special circumstances · Expected Special Election never materialized While I was filed to run for State Representative in District 102 for the 2012 election cycle, my campaign had operated on the assumption that there was going to be an early "special" election in November 2011 .. This was based on the fact that the incumbent representative, Eddy Gonzalez had filed to run for Mayor of Hialeah for an election to also be held in November 2011 .. When Mr.. Gonzalez changed his mind in August of 2011 and remained in his state representative seat, I placed my campaign on hold for several months .. We had almost no activity after that for many months, except for a few very minor housekeeping expenses, until the beginning of 2012 .. In the first quarter of 2012 we took in no money but did begin to have some expenses to explore opportunities due to redistricting and in preparation for a possible continuation of our campaign in a different district. Unfortunately, since I had placed my campaign on hold for many months, my Treasurer and his assistant had moved on to other projects .. I was also in the process of appointing a new Treasurer. Both my Treasurer and assistant were confused and each thought the other was handing the first quarter 2012 filing .. It was a fairly simple filing with only about six checks written, and no donations taken in. j was traveling when filing was due ' ( I, To compound matters, during the week of the filing deadline (April10, and the week following that) I was on a business trip outside the state .. While I checked with my Treasurer to confirm that the filing had been completed and was told it had been, when I returned from my trip on Apri119, I found a letter from the Division of Elections to my Treasurer (and copy to me) dated April12, 2012 (copy attached) stating that my campaign filing had not been completed .. Letter to my Treasurer had wrong address; was never received Sadly, the same letter from the Division of Elections sent to my Treasurer had the wrong mailing address (missing the building name and suite number, and with wrong zip code .. So my Treasurer never received it Because of this clerical error and my being out of town, neither I nor my Treasurer were aware that the filing had not been done for nearly 10 days after that letter was sent As soon as I received the letter upon my arrival from my trip however, I immediately called the Division of Elections and also contacted my Treasurer to see what had happened .. The filing was made promptly thereafter .. Had my Treasurer received the letter we would have corrected our mistake immediately and it would have been filed much sooner.. ---Veiy-soon-after-that-1-also-completed-the-change--of-Treasurerand-Assistant------Treasurer positions, and reviewed addresses on file, to ensure this will not happen again .. My campaign's late filing was due to this multitude of errors and complications, not due to any malice or other intentional reason. I therefore kindly request that the fine be waived. or at least significantly reduced. Thank you, c;?~A Paul L Crespo Candidate for Sta e Representative CC: Bureau of Election Records TheRA Gray Building, Room 316 500 South Bronough Street Tallahassee, FL 32399-0250 DivEiections@dos .. stateJI .. us . ·'I ( FLORIDA DEPARTMENT OF STATE Ken Detzner Seaetaty of State DIVISION OF ELECTIONS ~it l2,2012 (:'\(l i)Ue.. tenez, Treasurer for. ~ ~/lo/'z. { 4!)11\3,. 0 \" _, J.lO\!).. ~\ --~·-~ --"----- Dear Mr.. Gutierrez: Your campaign treasurer's report, which was due AprillO, 2012, has not been received.. Section 106 .. 07(8)(b), Florida Statutes, requires that the filing officer immediately notify you of the failure to file this report imdthat afine will be assessed of$50 per day fot· the fust 3 days late and, theteafter .. ~--$5.. 0Qp:er_day, although a fine cannot exceed 25% of the total 1eceipts ox· expenditures, whicheveris _ greate1; for the period covered by the late report. However, for the reports-imme"diatelypreceding-each------ ptimmy and general election, the fine shall be $500 per day for each late day, not to exceed 25% ofthe total receipts or expenditures, whichevet is greatet; fur· the peiiod covered by the late repmt. Once yow repott isfiled, this office will notify you of the specific mnomit ofyom· !me.. Fines must be paid to the filing officer within 20 days of receipt ofthe ·payment due notice.. Please be advised, however, that failure to file a campaign treasurer's repmt may constitute a violation of Chapter 106, Florida Statutes, independent of the automatic !me violation referenced above. Ihen:fme, if you fail to file a teport, the division will turn the matter over to the Florida Elections Commission. Section 106.265(1 ), Floiida Statutes, authorizes the Flotida Elections Commission to impose a civil -pena!ty-up·to-$-J;{)()Q-per count for -each-willful violation ofChapter 1..06 .. If you have any questions, please do not hesitate to contac.t Theresa Holdeen at (850)245-6250 .. Sincerely, ~~~l3 Kristi Reid Bronson, Chief Bureau of Election Record/' cc: Paul Luis C1espo J Candidate for State Representative, District I 02 41 00 Monsetrate Street Cotal Gables, FL 33146--3146 TheRA GrayBuilding-Room316 • 500SouthBronoughStreet • 'HillahasseeFL 32399-0250 • (850)245-6240 FAX: (850) 245-6260 • WWW Address: http://www.. dos.state.fL,us • E-Mail:· DivE/ections@dos.. statejl.us ( I' FLORIDA DEPARTMENT OF STATE Ken Detzner· Secretaiy of State DMSION OF ELECTIONS April30, 2012 V' -· ··-··. ------· ------, ______------..-- Mr. Paul Luis Crespo Candidate for State Representative, Disttict 102 41 00 Monsenate Stieet Coral Gables, FL 33146-3146 · DearMI:.-Grespo; The campaign treasurer's rep01tthat was due April10, 2012, was not filed until April24, 2012 .. Accordingly, you me fined in the amount of$912..50 .. The fine must be paid to the Division of Elections within 20 days of receipt of this notice unless appealed to the Fl01ida 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 tme, you must submit a notice of appeal to the Commission within 20 days of the date of the receipt of this notice .. (See Rules 2B-1.005, 2B" 1..0052 and 2B-1..0055, Florida Administtative Code.) The Florida Elections Commission's address is 107 West Gaines Street, Suite 224, Tallahassee, Florida 32399-0100 Please send a copy of your notice of appeal to the Bureau of Election Records at the address listed below. If you have any qu~ons, please contact us at (850) 245-.. 6240 .. Sincerely, ~-~~v:_ot'P- Kristi Reid Bronson, Chief Bureau ofElection Records cc: Nicolas J. Gutierrez, IIeasurer 806 Douglas Road Coral Gables, FL 33146 TheRA Gray Building-Room 316 • 500 South Bronaugh Street • Iallahassee FL 32399~250 • (850) 245-6240 FAX: (850) 245-6260 • WWW Address: http://www.. dosstate.R.us • E-Mail: DivE/ections@dos .. state.fl. us ·-····· co~i··m72oiz,~731i2o1I'---~·-_::::~~J..~~--~~o?.:~r:_:;.:=__ ] L_) Mien ,. http:J/efsb(ltch!CFReportSummary .. aspx?ReportiD=5 6/12/2012. ( r------·------·------·-··------·-·------FLORIDA DEPARTMENT OF STATE, DIVISION OF ELECTIONS CAMPAIGN lREASURER'S REPORT SUMMARY ·------~ (1) .!::'•ul Luis Crespo (2) 55131 ---·-·-·--·-~- Candida~e. Committe or Party Name 1 D Number (3) 41 bo Monserrate Street Coral Gables FL 33146 --·---·--·-.. --.------·-·-'----- Address (number and street} City State Zip Code 0 Check box if address has changed since last report (4) Check appropriate box(es): 18] Candidate (office sought): 0 Political Committee 0 Check If PC has DISBANDED 0 Committee of Continuous Existance 0 Check If CCE has DISBANDED 0 Party Executive Committee ----~· --·-···----~--- (5) REPORT IDENTIFIERS Cover Period: From 01/01/2012 To 03/31/2012 Report Type: Q1 18] Original [] Amendment LJ Special Election Report r~-·-· ---~---.. --~ .. ·------·~·- --· ----~···-~--· -·------"···--·~· ---~ (6) CONTRIBUTIONS THIS REPORT (7) EXPENDITURES THIS REPORT Cash & Checks $0.00 Monetary Expenditures $3.650.00 Loans $000 TransferS to Office Account $0.00 Total Monetary $000 Total Monetary ---1---'--·----'-·------·-.. - ... _,. __ _ $3.650 00 In-Kind $000 (8) Other Distributions fo-'-"~--~----·--···-----·~...... _ __. __ ·-·--.. ~-.__~-----·-···-·-· ~--·-··-··-· ~-· -··-· Certification It is a first degree misdemeanor for any person to falsify a public record (ss 839.13, F S.) ·~---· .... ~ ...... -· --··-·---· ... ~~-----· I certify that I have examined this report and it is I certify that I have examined this report and it is true correct and complete true cOrrect and complete Name of 0 Treasurer D Deputy Treasurer X...... ----"~------·-·---··-----·---- z..._----·-··-·-·-·--""" Signature Signature '------·------·--·-·--····- ··----·--·------...... ___ , ____ _, Prepared on: 4124/12 6:15:41PM Reviewed On: 4/24/12 6:15pm { r ID: CAMPAIGN'TREASURER'S REPORT- ITEMIZED CONTI JTIONS Page 1 of1 Name: Paul Luis Crespo Report: 2012 Q1 Period: 01/01/2012 to 03/3112012 -----· ----·---..:...---·-·---·-···--· '"'Records in Filed Report,..,.. ~ ----- (la:~~~~N~~~~ :::·- IContributor Occupation ------~·-.. --·- - -j c= ~~~=~tr~t~dd<~~ & ~~~-:·.Z-Ip-~~~~~~~~-·-_···_,_+~:-~Ty~-:~--·~--=:+-==_;-=-lo-K=-=: ... n--~~~~e=~~r-I:;:P' __...·o_n'""-~-~~----·------+Am_e_n_d_ ·----~------~------~------·------~-- . ------·----·*Incomplete Record Reviewed On: 4/24112 6:15pm ------···------· ----Prepared on: 4124112 6:15:42PM I , I ID: 55131 CAMPAIGN TREASURER'S REPORT- ITEMIZED EXPI:i. .TURES Page 1 ot 1 Name: Paul Luis Crespo Report: 2012 Q1 Period: 01/01/2012 to 03/31/2012 ---·--···*"" Recro.rds in filed Repo'!::.. ___ , ___,______r·----oAm=o"'"n""t' r--·------·-·---~- Full Name - Seq# (last. Suffix First, Middle Type Purpose Amend Date Street Address & City, S~te. Zip ... --,---· MENOCAL& CO. --- ·-----·--"··------$25000 ADMINISTRATIVE 806 S. DOUGLAS ROAOSU!TE 62S 01120/2012 CORAL GASLES, FL33134 ~---;·-- GUTIERREZ & FRANC PA +-~------·---!---·-- $15000 ADMINISTRATIVE - BOG$ DOUGLAS ROAD SUITE 625 01/20/2012 CORAL GABLES, ~L 33134 3 DARK HORSE STRATEGIES MON--1-C-A-M-PAI-G-~;,.;~;~E-R------•-·~------$-1-,25-0 00 --·-- 782 NW 42NO AVENUE 02!08/2012 MIAMI, FL 33126 4 - LINARES MARIA GABRIELA ····------· ...... --·-·· .. -·---~- --·$50000 ADMINISTRATIVC 3880 RODMAN STREET NW MON 03/01/2012 WASHINGTON, DC 20016 ---.. ---·-·-·-----.. f--...... ,,=,..1 --.--- DARK HORSE STRATEGIES -····-····-·---·--··- $1 500.00 CAMPAIGN MANAGER ·-----· 782 NW42NO AVENUE MON 03/12/2012 MIAMI, FL33126 ······-·------··· ·-'-- _,_ ___ .. ,___ ,___ ,_, ____ ,_,~~--1--...... ____ _ --:-:--::---:--·---·-·-··-·--· ...... _..... ------·-:---::::-··--·-·-·--.. -- .. - .. .. ·-·.. ---·-··--· .. -·-·····----·------· *Incomplete Record Reviewed On: 4/24/12 6:15pm -- Prepared on: 4/24/12 6:15:43PM ( I.' FLoRIDA DEPARTMENT of STATE RICK SCOTT KURT S .. BROWNING Governor Secretary of State March 10,2011 Mr Paul Luis Crespo 41 00 Monsenate Street Coral Gables, Florida 33146 Dear Mr Crespo: This will acknowledge recdpt of the Appointment of Campaign Treasurer and Designation of Campaign Depository for the office of State Representative, which was placed on file in our office on March 8, 2011 Your name has been placed on the 2012 active candidate list Campaign 1reasur·er's Report~. Your first campaign treasurer's report will be due on Aprilll, 201 I. The report will cover the period of January I -March 31,2011. All candidates who file reports with the Division of Elections are required to file by means of the Division's electronic filing system (EFS). Cr·edentials and Sign-ons Below is the web address to access the EFS and your user identification number. The enclosed sealed envelope contains your initial password Once you have logged in using the initial password. you will be immediately prompted to change it to a confidential sign-on You, your campaign treasurer, and deputy treasurers ar·e responsible for protecting this password from disclosure and are responsible for all filings using these credentials, unless the Division is notified that your credentials have been compwmised .. EFS Web site Address: https://efs.dos.state fl.us Identification Number: 55131 Division of Elections R A .. Gray Building, Room 316 • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6240 • Facsimile: (850) 245-6259 http:// elections .. myflodda.. com / I Mr Parul Luis Crespo March 10,2011 Page Two Pin Numbers Pin numbers are confidential secure credentials that allow you to submit reports and update personal information The enclosed sealed envelope contains a confidential pin number for you By copy of this letter, a confidential pin number to access the Division of Election's EFS was sent to your treasurer Each candidate is required to provide the Division of Elections with confidential personal information that may be used to allow access in the event this passwmd is forgotten or lost When you enter the campaign account screen, there will be a drop down box where you pick a question (such as What is your mother s maiden name?) and supply an answer. All passwords and answers to questions are stored as encrypted data and cannot be viewed by Division staff and given out over the phone Please notify the Division ifyour credentials have been compromised Timelv Filing ---AllrepodsJiled.musLb:e_c_omplete.clalid_ _fild_thtQugh.Jb.e_J;JS not later thanmidnig.,_,_ht'-'o"'f'-'t"'h"-e·_,d""ue,_ ____ date.. Reports not filed by midnight of the due date are late filed and subject to the penalties in Section 106.07(8), Florida Statutes In the event that the EFS is inoperable on the due date, the report will be accepted as timely filed if filed no later than midnight of the first business day the EFS becomes operable. No fine will be levied during the period the EFS was inoperable. Any candidate failing to file a rep01t on the designated due date shall be subject to a fine of $50 per day for the first .3 days late and, thereafter, $500 per day for each late day, not to exceed :25% of the total receipts or expendittues, whichever is greater, for the period covered by the late report However, for 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 Electronic Receipts The person submitting the report on the EFS will be issued an electronic receipt indicating and verifying the report was filed Each campaign treasurer's report filed by means of the EFS is considered to be under oath by the candidate and campaign treasurer and such persons are subject to the provisions of Section 106. 07(5), Florida Statutes ( I. ' Mr Paul Luis Crespo March 10,2011 Page Three Instructions and Assistance An online instruction guide is available to you on the EF S to assist with navigation, data entry. and submission of reports.. The Division of Elections will also provide assistance to all users by contacting the EFS Help Desk at (850) 245-6280 All of the Division's publications and reporting forms ar·e available on the Division of Elections' web site at http://elections myflorida .. com. It is your· responsibility to read, understand, and follow the requirements of Flodda's election laws. Therefore, please print a copy of the following documents: Chapters /04 and 106, Florida Statutes, 2010 Candidate and Campaign Treasurer Handbook, 2011 Calendar of Reporting Dates, and Rule IS-2.0 17, Florida Administrative Code. Please let me know ifyou need additional information. _____,S"-',incerely, ______~ ;LA..A~.~--=B-. - Kr istf Reid Bronson, Chief Bureau of Election Records KRB/ljr Enclosures pc: Mr. Nicolas J Gutierrez. Jr. Treasurcr FLORIDA DEPARTMENT OF STATE Kurt S. Browning Secretary of State DIVISION OF ELECTIONS July 18, 2011 Mr Nicolas J Gutierrez, Treasurer for Candidate Paul Luis Crespo 806 DouglasRoad Coral Gables, FL 33146 Dear Mr Gutierrez: The Division of Elections has determined that the report for the following cover p.eriod is . incomplete forthe reasons attached Xellr ... D.'!!~ ·----~~!.!!.!:f:e!!.l!~- .... -- 2011 Q2 4/1/11 - 6/30/11 Pursuant to Section 106 07(2), Florida Statutes, you have 7 days fiom receipt of this notice to file an amended report supplying the missing information or provide an explanation for the entries We are required by law to further advise you that failure to supply this information within the time allowed constitutes a violation of Chapter I 06, Florida Statutes. If you need assistance in filing an amendment, please contact the Division's help line at (850) 245-6280 Sincerely, ettO-~ Kristi Reid Bronson Chief: Bureau of Election Records cc Mr Paul Luis Crespo, Candidate Attachment Room 316 R.A Om: Building • 500 South Bronaugh Street • Tallahassee, Flonda 32399-0250 • (850) 2+5-<5280 FAX (850) 245-6260 • WWW Address: http://ww" do•.state.flus o E-Mail: DivElewonNf.'dos . Florida Department of State Division of Elections 2012 General Election Paul Luis Crespo (REP) State Representative Campaign Finance Activity Note: The information presented below was obtained from the Committee's!Candidate's Campaign Treasurer's Report filed with the Division of Elections. About the Campaign Finance Data Base. Contributions II I Filing Period I Monetary II Loans II lnKind IG:JG:JI Expend Other Transfers 03/08/2011 _, 13,135 0011 4,875 0011 0 0011 2,839 7511 0 0011 0 001 ~ 03/31/2011 04/01/2011 -I 15,585 0011 6,500 0011 19,531 8511 6,222 9311 0 001 ~ 06/30/2011 0 0011 .. ~~ 0~~1~}~/1-···_·_· 1_5_0~_0_Q,,_ ... -- 0 0011--- 0 0011 3,106:7911 731 c79,,- 0001 10/01/2011 _, 0 0011 0 0011 850 0011 0 0011 0 001 ~ 12/31/2011 0 0011 01/01/2012 -I 0 0011 0 0011 0 0011 3,650 0011 0 0011 0 001 ~ 03/31/2012 ~I All Dates (Totals) II 28,870 oo11 11,375 oo11 o oo11 29,978 3911 6,954.7211 o ool Note: (E) indicates that report was filed electronically X Indicates that detail has not been released W Indicates that a waiver was filed and L Indicates that a loan report was filed Select Detail Type Select Sort Order Select Output Type Contributions Date(Ascending) Display On Screen Query the Campaign Finance Data Base [Department of State] [Division of Elections] [Candidates and Races] [Campaign Finance Information] http://doe.dos ..statdLus/cgi-bin/TreSeLexe 6/8/2012 ( " .f!ECE.IVEO APPOINTMENT OF CAMPAIGN TREASURER 0~PA:. • NENT OF STATF AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDIDATES 2011 HAR- 8 AH 9: 29 (Section 106 .. 021(1), F..S .. ) DiVISIOH OF tlECTJONS (PLEASE PRINT OR TYPE) TALLAHASSEE. Ft. NOTE: This form must be on file with the qualifying officer before ooenlna the camoaian account. OFFICE USE ONLY 1. CHECK APPROPRIATE BOX(ES): fjJ Initial Filing of Form Re-·filing to Change: 0 Treasurer/Deputy 0 Depository 0 Office 0 Party 2 Name of Candidate (in this order: First, Middle, Last) 3 Address (include post office box or street, city, state, zip Pet.u\ Luis c t'-e5PO code) 4100 rl\ 01\X:n' 9. I have appol~ted the follo:"lng person ~~ act as my _.R_campaign Treasure:._.-=0=-_D_e__ P_ut~y_T __ re_a~~-re_r _.,__ _ 10 Name of Treasurer or Deputy Treasurer 1--- Nic.o\o..s ;r. G-u~leffe>2., :.Sr·---.. ---·-·~------.. ---- 11 M~~i ng/ddre~'ls c ,: .\ QS 0 1 S ~':I.: 6 z. 5... 12 Telephone 0 0 l:l u - 0,1 "'0\ " c~os:· l ~StrS z..oo '-·--·---·-.. =-.,..--,.-=-~-.l: 13,City \ r-· 14 __ County .. , 15. State 16. Zip Code 17 E-mail address 11 1 Core" u- UNDER PENALnES OF PERJURY, I DECLARE THAT I HAVE REAO THE FOREGOING FORM FOR APPOINTME~-z;,~~~MPAIGN TREASURER ANO DESIGNAnON OF CAMPAIGN DEPOSITORY AND TllAT THE FACTS STATED IN IT ART'"rE· 25 Date- z/ Z J I J -- ;/?Z:P;/6~ 2 ---·--· .. - 27. Treasurer's Ac~eptance of Appointment (fill in the blanks and check the,aj)'propriate block) \ I ' -.. N, .~ .• r{.,,.. ·~ r·;., / .. I, J 1Co a;t ~. \."')LITI'\711\:...7. " \VI tsl.V'.. ·---·---- , do hereby accept the appointment ~ · (Please Print o?rype fl.iameT designated above as: ~ Campaign Treasurer O Deputy T~~urer1 . / __ n}VJ/1},~ x ·~~. ~~lt't ~~. ~~------Signature of C~paign Treasurer tjllllputy Treasurer "''E 9 (Rev .. 10/10) Rule 15.. 2 .. 0001, F. .A.C ..