STATE OF FLORIDA ELECTIONS COMMISSION

In Re: Alan Hays Case No.: FEC 1.3-314

TO: The Honorable Alan Hays Division of Elections PO Box2270 500 S Bronough Street, Room 316 Umatilla, FL 32784 I allahassee, FL 323 99

NOTICE OF HEARING (AUTOMATIC FINE)

A hearing will be held in this case before the Florida Elections Commission on May 6, 2014, at 8:30 am,°' as soon thereafter as the parties can be heard, at the following location: Senate Office Building, Room S-110, 404 South Monroe Street, Tallahassee, FL 32399

Failure to appear in accordance with this notice will constitute a waiver of your right to participate in the hearing Continuances will be granted only upon a showing of good cause.

This hearing will be conducted pursuant to Section 106.25, Florida Statutes, which governs your participation as follows:

If you are the Respondent, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission. However, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en mas se vote and, unless you request to be heard or the Commission requests that your case be considered separately on the day of the hearing, your case will not be individually heard ..

If you are the Complainant, you may attend the hearing, but you will not be permitted to address the Commission In addition, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless the Respondent requests to be heard or the Commission requests that the case be considered separately on the day of the hearing, the case will not be individually heard.

If you are an Appellant, and you have requested a hearing, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission

Please be advised that both confidential and public cases are scheduled to be heard by the Florida Elections Commission on this date. As an Appellant, Respondent or Complainant in one case, you will not be permitted to attend the hearings on other confidential cases

The Commission will electronically record the meeting. Although the Commission's recording is considered the official record of the hearing, the Respondent may provide, at his own expense, a certified court reporter to also record the hearing

If you require an accommodation due to a disability, contact Donna Malphurs at (850) 922-4539 or by mail at 107 West Gaines Street, The Collins Building, Suite 224, Tallahassee, Florida 32399, at least 5 days before the hearing.

See !Urther instructions on the reverse side ..

lltll)' :Mc1(ee1Jer'l'oman Executive Director Florida Elections Commission Apiil 16,2014 Please refer to the information below for further instructions related to your particular hearing:

If this is a hearing to consider an appeal from an automatic fine, the Filing Officer has imposed a fine on you for your failure to file a campaign treasurer's report on the designated due date and, by filing an appeal, you have asked the Commission to consider either (!) that the report was in fact timely filed; or (2) that there were unusual circumstances that excused the failure to file the report timely You are required to prove your case. If the Commission finds that the report was filed timely or that there were unusual circumstances that excused the failure, it may waive the fine, in whole or in part The Commission may reduce a fine after considering the factors in Section 106 265, Florida Statutes If the Commission finds that the report was not timely filed and there were no unusual circumstances, the fine will be upheld

If this is a hearing to consider a consent order before a determination of probable cause has been made, the Commission will decide whether to accept or reject the consent order If the Commission accepts the consent order, the case will be closed and become public If the Commission rejects the consent order or does not make a decision to accept or deny the consent order, the case will remain confidential, unless confidentiality has been waived

If this is a hearing to consider a consent order after a determination of probable cause has been made, the Commission will decide whether to accept or reject the consent order.. If the Commission accepts the consent order, the case will be closed If the Commission rejects the consent order or does not make a decision to accept or deny the consent order, the Respondent will be entitled to another hearing to determine if the Respondent committed the violation(s) alleged

If this is a probable cause hearing, the Commission will decide ifthere is probable cause to believe that the Respondent committed a violation of Florida's election laws. Respondent should be prepared to explain how the staff in its recommendation incorrectly applied the law to the facts of the case. Respondent may not testifj;, call others to testifj;, or introduce any documentary or other evidence at the probable cause hearing The Commission will only decide whether Respondent should be charged with a violation and, before the Commission determines whether a violation has occurred or a fine should be imposed, Respondent will have an opportunity for another hearing at which evidence may be introduced.

If this is an informal hearing, it will be conducted pursuant Sections 120 569 and 120.57(2), Florida Statutes; Chapter 28 and Commission Rule 2B-l .004, Florida Administrative Code. At the hearing, the Commission will decide whether the Respondent committed the violation(s) charged in the Order of Probable Cause The Respondent will be permitted to testify However the Respondent may not call witnesses to testify

Respondent may argue why the established facts in the Staff Recommendation do not support the violations charged in the Order of Probable Cause. At Respondent's request, the Commission may determine whether Respondent's actions in the case were willful The Respondent may also address the appropriateness of the recommended fine If Respondent claims that his limited resources make him unable to pay the statutory fine, he must provide the Commission with written proof of his financial 1esources at the hearing A financial affidavit form is available from the Commission Clerk. FLORIDA ELECTIONS COMMISSION CASE REPORT CaseNumber: FEC-13-314

NAME: ALAN HAYS DAIE APPEAL RECEIVED: 12/6/13 DA IE HEARING REQUES I RECEIVED: NIA DAIEREPORI DUE: 11/12/13 (2013 MIO) DAIE OF ELECTRONIC RECEIPI: l l/18/13 DAIE FILING OFFICER RECEIVED REPORI: l l/18/13 NUMBEROFDAYSLAIE: 6 AMOUNI OF FINE: $662.50

FINE BASED ON: ( .. )NUMBER OF DAYS (X) 25% Ofo RECEIPTS ( ... ) 25% OF EXPENDIIURES TOIAL RECEIPTS FOR REPORIING PERIOD: $2,650 .00 TO I AL EXPENDIIURES FOR REPOR IING PERIOD: $1,514 17 DAIE FIRSI NOIIFICAI!ON SENI: 11/13/13

SUMMARY: Alan Hays is a candidate for re-election as State Senator, District 11, in the 2016 elections Scott McCullough is his treasurer The Senatm is appealing the fine stating that neither he nm his treasurer received any notification to submit monthly repotts instead of quarterly. The Senator advised that they have otherwise filed timely reports

• The 20 l 3 Ml 0 Repmt covers the time period from I 0/1/13-10/31/13; it was due 11/12/13 • Senator Hays reported receiving 7 contributions, while making I expenditure • Senator Hays repmted receiving his last contribution for the time period on I 0/31/IJ • The 2013 MlO queued transaction Report shows that a report was created on November 18, 2013 at 3:39pm and filed on the same day at 4:02pm • The initial appeal was written by the treasurer, Scott McCullough He states that he never received any emails or US mail regarding the changes in reporting requirements. He also says he contacted the bureau of elections and they confirmed that no email address was on file • DOE recmds show as of February 5, 2013 email addresses were listed on the Senator's DS-DE9 form; one for the senator and one for the treasurer • I spoke with DOE representative, Ieni Lawson, on 1/10/14 and was told emails were sent out in regards to reporting changes. The representative also stated that it is the candidate's responsibility to make sure an accurate email address is listed with DOE • Ms .. Lawson advised our agency clerk that it is the candidate's responsibility to enter his email addresses into the DOE's EFS database; the DOE only enters information for the street address and/or post office address • Further, Ms Lawson advised our agency clerk that neither the senator nor his treasurer were alerted to the changes made to the reporting schedule by regular mail.. She explained that it is the responsibility of the candidate & his treasurer to keep up with changes by viewing online publications.

PRIOR CASES: None

Aut047 (11/08) . (,..--- '

D .. ALAN HAYS CAMPAIGN FOR THE 2310 S Bay Street Eustis, FL 32726

January 21, 2014 f''l r- ...., ,,, en == ~);;! = :::0 o,,,- ..... ,,..<- m The Florida Elections Commission ~o N= 0 (") '"T) a:> Attn: Br'Axeton Wims 0 '"T) m 107 West Gaines Street, Suite 224 ::;::r- :J::O )> - Tallahassee, FL 32399-0100 en- < (/)0-"" m -> -.. 0 0 c.n RE: CAN 60266 z r:: Case No .. FEC 13-314

Senator Hays received the letter dated February 6, 2013 from the Florida Department of State and forwarded it to us. I did not receive a copy The letter contained no additional information informing us to make sure that the candidate and the treasurer's e-mail was on file. There also wasn't any reference to the fact that any future information involving changes to reporting requirements from quarterly to monthly would only be sent via e-mail. In the past, it was only suggested that our e-mails be in the system.

We were not aware of this change until we were notified in a letter date November 13, 2013 that the treasurer's report was late and subject to a fine.

As stated previously, we believe that this fine should be abated as we feel that sufficient prior notification of the reporting changes was not timely provided to us.

Sincerely, Lk~ R Scott McCullough, Treasurer

RSM/skc ( Page 1 of 1

Appeal of Fine Assessed Against Candidate Attn: Erin Riley, Deputy Clerk al an to: foe 12/19/2013 02:30 PM Show Details

Good Afternoon Ms., Riley, It was a pleasure speaking with you a moment ago and again, I must commend the lady answering the phone, What a great "Ambassador" for the agency she is!!! It is quite a pleasure to be greeted with such a warm and cheerful voice!!

Now for my business at hand,, .I received today, your Jetter of December 17, 2013 requesting information about the appeal letter signed by Scott McCullough, my campaign treasurer .. Yes, Mr., McCullough was acting on my behalf when he wrote and signed the letter asking for the fine to be forgiven ..

His reason for asking for forgiveness was that no one had notified the treasurer of the need to remit monthly reports instead of quarterly reports., He pointed out in his letter that a review of our history will show all previous reports have been timely filed,

If you or any of the commissioners have any suggestions for statutory changes to be made so omissions like this can be prevented, I will be happy to introduce them in the upcoming legislative session,

I certainly will appreciate a favorable ruling by the commission. If you need any further information from me, please feel welcome to either call or send another email

Respectfully yours,

Alan

D .. Alan Hays, DMD Florida Supreme Court Certified Circuit Civil Mediator Strategic Mediators, LLC 352205 2004

file://C:\Users\Malphur sd\AppData\Local\ Temp\notesFCBCEE\-web6522 htm 12/19/2013 ,. i "--· 13-3\ ~

D .. ALAN HAYS CAMPAIGN FOR THE FLORIDA SENATE 2310 S Bay Street Eustis, FL 32726

:::0 m December 2, 2013 0 m -< The Florida Elections Commission rn 107 West Gaines Street, Suite 224 a Tallahassee, FL 32399-0100

RE: CAN 60266

With regard to the campaign report due November 12, 2013, we respectfully request consideration for abatement of the fined amount of $662 .50 for the following reasons

We were never notified of the change in reporting dates from quarterly to a monthly basis, either by e-mail or via US mail. A call to the Bureau of Elections confirmed that no e-mail address is on file. Therefore, we based our filings on the original schedule issued by the Bureau of Elections. Also, if you review our reporting history, you will find that all prior reports have never been late

In light of the above and since this is also the initial filing for monthly reports, we request that the fine be abated

Sincerely,

R Scott McCullough, Treasurer

Cc: Bureau of Election Records I'

FLORJDA DEPARl'MENT OF STATE Ken Dctzner Secretary of State DIVISION 01 [LECTIONS

November 19, 2013

Alan Hays Candidate for State Senator, District 11 Post Office Box 2270 Umatilla, FL 32784-2784

Re: CAN 60266

Dear Senator Hays:

The campaign treasurer's report that was due November 12, 2013, was not filed until November 18, 201 J Accordingly, you are fined in the amount of $662 50 .. The fine must be paid to the Division of Elections within 20 days of receipt of this notice unless appealed to the Florida Elections Commission Please note that as a candidate, the fine is not an allowable campaign expenditure and must be paid from personal fonds

If you wish to appeal the fine, you must submit a notice ofappeal to the Commission within 20 days of the date of the receipt of this notice (See Rules 2B-I .005, 28-1 0052 and 2B-I .0055, Florida Administrative 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 ha,·e any questions, please contact us at (850) 245-6240

Sincerely, ----!<) ~'-.. ~-~:&- Kristi Reid Bronson, Chief Bureau of Election Records cc: Scott McCullough, Treasurer

Ihe RA Gray Building-Room 316 • 500 South Bronough Street • Tallahassee FL 32399-0250 • (850) 245-6240 FAX: (850) 245-6260 • WWW Address: http://www dos state.fl us • ECMail DivE/ections!li>,do.s state fl us , I

FLO RID A DEPARTMENT OF ST A TE Ken Dctzncr Secretary of State DIVISION OF ELECTIONS

November 13, 2013

Scott McCullough, Treasurer Alan Hays 23 10 South Bay Street Eustis, FL 32 726·2726

Re: CAN 60266

Dear Mr. McCullough:

Your campaign treasurer's report, which was due November 12, 2013, 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 and that a fine will be assessed of $50 per day for the first 3 days late and, thereafter $500 per day, although a fine cannot exceed 25% of the total receipts 01 expenditures, whichevei is great et, for the period covered by the late repoit. However, for the repmts 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, whichevei is greater, fot the period covered by the late report

Once your report is filed, this office will notify you of the specific amount ofyoui fine Fines must be paid to the filing officer within 20 days of receipt of the payment due notice

Please be advised, however, that failure to file a campaign treasurer's repoit may constitute a violation of Chapter 106, Florida Statutes, independent of the automatic fine violation referenced above. Therefore, if you fail to file a ieport, the division will tum the matter over to the Florida Elections Commission

Section 106265(1 ), Florida Statutes, authorizes the Florida Elections Commission to impose a civil penalty up to $1,000 per count fo1 each will fol violation ofChaptei 106

lfyou have any questions, please contact the help desk at (850) 245-6280

Sincerely, ~ dj /(; __, L-' )V.A.. - dr -:f .~ Kristi Reid Bronson, Chief Bureau of Election Records

cc: Alan Hays Candidate for State Senator, District 11

The RA Gray Building-Room 316 • 500 South Bronough Street • Tallahassee FL 32399-0250 • (850) 245-6240 FAX: (850) 245-6260 • WWW Address:http://wwwdos.state.fl.us • £..Afa1!. DivElectlons(@.do.s state fl.us ·--·---·-· ----·----·· ·------·- FLORIDA DEPARTMENT OF STATE, DIVISION OF ELECTIONS CAMPAIGN TREASURER'S REPORT·-· SUMMARY -· -- (1) Alan Hays 60266 ·- (2) ·---· Candidate, Committe or Party Name l.D. Number

(3) Post Office Box 2270 Umatilla FL 32784 -·----·· ·--··-· .. Address (number and street) City state Zip Code 0 Check box if address has chang ed si_nce last report (4) Check appropriate box(es):

[2TI Candidate (office sought): 0 Political Committee D Check ~PC has DISBANDED D Committee of Continuous Exista nee D Check If CCE has DISBANDED 0 Party Executive Committee -- (5) REPORT IDENTIFIERS

Cover Period: From 10/01/2013 To 10/31/2013 Report Type: M10

~Original 0 Amendment 0 Special Election Report ··- (6) CONTRIBUTIONS THIS REPORT (7) EXPENDITURES THIS REPORT

Cash & Checks $2,650 .. 00 Monetary Expenditures $1,514 .. 17 Loans $0 .. 00 Transfers to Office Account $0.00 Total Monetary $2,650.00 Total Monetary·- $1,514.17 $0 .. 00 (8) Other Distributions -- ,,_ .... -

··- ·---·· . Certification lt 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 D Treasurer 0 De puty Treasurer Name of 0 Candidate D Chaiman (PC/PTY Only

).L ______- )!_ .• -·-- Signature Signature -·----·------·-----· ·- -··" ·-· - -··

--···-·------Proparcxl on: 119/14 2:00;14PM Reviewed on: 11/18113 4:00 pm ID: 60266 CAMPAIGN TREASURER'S REPORT ···ITEMIZED CONTRIBUTIONS Page 1 of 1 Name: Alan -'---Hays Report: 201.i! M10 Period: 10/01/2013 to 10/31/2013 __ .... - Recor'ds in Filed Report** r----·-·-- Full Name --- Seq# {L.ast, Suffix:, First, Middle Contributor Occupation Date Street Address & City, State, Zip Type In-Kind Dosctiptlon ··---··--· ----·-·-- Amend 1 LINE. ESTHER - ---· -·-"--··--!-"-·-- $100'1i'O -- 6129 SPINNAKER LOOP I 10/1612013 LADY LAKE FL32159 CHE ------2"""" MAZlARZ. SARAH ·····----· ·----··--+--- --$"5"'o""o"o~ 6134 SPINNAKER LOOP I 10/16/2013 LADY LAKE, FL 32159 CHE - ----··-----·------.. -. . ..,_ ~-··- OFFICE DEPOT ·--~-·--- -·.. ·-··-·$s"'o"'o".. o"'o,-i OFFICE SUPPLIES ---··--- 6600 N MILITARY TRL B 1011612013 BOCA RATON, FL 33496 CHE 1---:t"'"''"' REED ELSEVIER INC. ------.. ------·-· -·-·----·---+- $500.00 PUBLISHING ---"--••"'-- 255 WASHINGTON STREET B ... 10/1812013 NEWTON MA 02458 CHE ,,, __ . --s·· HEALTH DIAGNOSTIC' LABORATORY INC - -·--·- $50000 B --HEALTH CARE ·--- 737 N 5TH ST ·STE 103 ---·-··· ------···- 10/2512013 RICHMOND, VA 23219 CHE... 6 "' 'Assoc1ATEO INDUSTRIES OF FLORIDA PAC -·--·------·----,$"'s"'oo"'".o"'o,-i INC. B PAC 10/30/2013 P. 0 BbX784 CHE -·---·------·- TALLAHASSEE. FL 32302-2078 .. . 7 --- THE VOICE OF FLORIDA BUSINESS ·---·------· $500.. 00 PAC POBOX784 B - 10/3012013 __TALLAHASSEE, .. ___ FL 32302 -·CHE -·------·------·

-----·------··-·-·------·-----"lncompleto Rocotd Reviewed On: 11118113 4:00 pm Prepared Otl: 1/9/14 2:00:15PM ID: 60266 CAMPAIGN TREASURER'S REPORT-ITEMIZED EXPENDITURES -·------Page 1 of 1 Name: AJan Hays Report: 2013 M:!.Q Period: 10/01/2013 to 10/31/2013 ------· ** Records in Filed Report** ··------····---·---,.-----A"'"m-oum' Full Name Seq # (Last, Suffix, First, Middle··~---,--- Type Purpose Date · Street Address & City, State, Zip Amend -·-,----+-H_A_Y_S._D_A_LA_N - -··----··T-----+--·--·-··----·-·-···------t--···-$1··514 17 ----'--! PO BOX 2270 RMB REIMBURSE CAMPAIGN EXPENSES 10/3112013 UMATILLA, FL 32784 -·----~--M------···--•-••·------~--~-·------~·------·

• Incomplete Record Reviewed On: 11/18113 4:00 pm Prepared on: 119/14 2:00:15PM (

ID: 60266 CAMPAIGN TREASURER'S REPORT' - ITEMIZED DISTRIBUTIONS --·-·------Page 1 of 1 Name: Alan Hays Report2013 M10 Period: 10/01/2013 to 10/3112013 **Records in Filed Report** -- Full Name-·-·----·---~------·----····-··- Amount Seq# (Last Suffix First Mlddle Recipient Purpose .,, ____ '' ' ' Date Street Address & City, State, Zip Type---· Related Expenditure Amend 1 WALLBUILDERS INC 0 WALt.BUILDERs EVENT FEES -- $598.00 ---- 426 CIRCLE DR --·----· 1010712013 ALEDO, TX 76008 -· RMB 2013 M10 Rpt "#4 Seq #1 ~-2-- US AIRWAYS 0 AlRUN"" , ICKETTu M 1. ,,._RNON ASSEMBLY $197.80 4000 E SKY HARBOR BLVO " ··-·- - 1012212013 PHOENIX, AZ 85034 RMB 2013M11 Rpt#5$eq#4 --· 3 , ,..., EL Rt:SERV FOR MT. Vi;.RNON ASSEMBLY "'"$8iiA§ __ ,,_,,_,_ HYATIHOTELS 0 2799 .JEFFERSON DAVIS HWY ----·- - --·-.. 10/23/2013 ARLINGTON, VA 22202 RMB 2013M11 Rpt#5Soq#4 -- 4 WAL MART -··· 0 CANOY FOR HALLOWEEN PARADE $167.71 ----··- 17030 US HIGHWAY 441 ------· ---··-- 10129/2013 MOUNT DORA, FL 32757 RMB 2013 M10 Rpt#4 Seq #1 5 WALMART -···------0 ·- CANOY FOR HALLOWEl:N PARADE ·---· -·- $14 86 17030 US HIGHWAY 441 ------····---·· 10/29/2013 MOUNT DORA, FL 32757 RMB 2013 M10 Rpt#4 Seq #1 --- -·-- ··-· -----·--···-·----

• Incomplete Record Reviewed On: 11118113 4:00 pm Prepared on: 119/14 2:00:17PM 1/9/2014 Filed Camaign Treasurer's Report Page 1 Alan Hays Elect ID: 20161108-GEN From: 10/1/2013 Amd: N Wvr:N Filed: FIL 11/18/20134:02:51 p 60266 - STS 011 Report: 2013 M10 (4) To: 10/31/201 Cmplt: COM Reviewed: AUD 11118/2013 4:00:24 P Original Report Submitted: 11!18/2013 4:02:51 P

CONTRIBUTIONS Seq Contributor Occupatton Errors Date Name Address Type lnkind Descnptton Antd Amount LINE 6129 SPINNAKER LOOP ' 0 $100.00 10/16/2013 ESTHER LADY LAKE FL 32159 CHE 2 MAZIARZ 6134 SPINNAKER LOOP ' 0 $50.00 I0/1612013 SARAH LADY LAKE FL 32159 CHE 0 OFFICE DEPOT 6600 N MILITARY TRL B OFFICE SUPPLIES 0 $500.00 10/16/2013 BOCA RATON FL 33496 CHE 4 REED ELSEVIER INC. 255 WASHINGTON STREET B PUBLISHING 0 $500.00 I0/1612013 NEWTON MA 02458 CHE 5 HEAL TH DIAGNOSTIC LABO RA TO 737N 5TH ST STE 103 B HEALTHCARE 0 $500.00 10/2512013 RJCHMOND VA 23219 CHE 6 AS SOCIATED INDUSTRIES OF FLO P. 0. BOX 784 B PAC 0 $500.00 10/3012013 TALLAHASSEE FL 32302078 CHE 7 THE VOICE OF FLORJDA BUSINESS PO BOX 784 B PAC 0 $500.00 I0/30/2013 TALLAHASSEE FL 32302 CHE

EXPENDITURES Seq Office Errors Date Na1ne Address Type Purpose Amd A1nou11t HAYS POBOX2270 RMB 0 $1,514.17 I0/31/2013 D.ALAN UMATILLA FL 32784 REIMBURSE CAMPAIGN EXPENSES

OTHER DISTRIBUTIONS Seq Rec1p1ent Office Errors Dote Nante Address Type Purpose A111d An1ou111 WALLBUILDERS, INC. 426 CIRCLE DR 0 0 $598.00 IOn/2013 ALEDO TX 76008 RMB W ALLBUILDERS EVENT FEES 4 WALMART 17030 US HIGHWAY 441 0 0 $167.71 10/2912013 MOUNT DORA FL 32757 RMB CANDY FOR HALLOWEEN PARADE 5 WALMART 17030 US HIGHWAY 441 0 0 $14.86 I0/29/2013 MOUNT DORA FL 32757 RMB CANDY FOR HALLOWEEN PARADE 1/9/2014 Filed Camaign Treasurer's Report Page2 Alan Hays Elect ID: 20161108-GEN From: 10/1/2013 Amd: N Wvr: N Filed: FIL 11/18/2013 4:02:51 P 60266 - STS 011 Report: 2013 M10 (4) To: 10/31/201 Cmplt: COM Reviewed: AUD 11/18/20134:00:24 P Original Report Submitted: 11/18/2013 4:02:51 P

',_

'··._/ 1/9/2014 Filed Camaign Treasurer's Report Page3 Alan Hays Elect ID: 20161108-GEN From: 10/1/2013 Amd: N Wvr: N Filed: FIL 11118/20134:02:51 P 60266 - STS 011 Report: 2013 M10 (4) To: 10/31/201 Crnplt: COM Reviewed: AUD 11118/2013 4:00:24 P 1/9/2014 Queued Items for 2013-M10 Page 1

Account: 60266 STS 011 Alan Hays Rpt Seq: 4

ProcessDescription Status Submittet Created LastUpdate Create Pending Report Processing Complete 60266 11/18/2013 3:39:03 PM 11/18/2013 3:39:03 PM Process Uploaded File Processing Complete 60266 11/18/2013 3:39:03 PM 11/18/2013 3 :39:03 PM Review Pending Report Processing Complete 60266 11/18/2013 3:52:25 PM 11/18/2013 3:52:25 PM Review Pending Report Processing Complete 60266 11/18/2013 4:00:24 PM 11/18/2013 4:00:24 PM File Pending Report Processing Complete 60266 11/18/2013 4:02:51 PM 11/18/2013 4:02:51 PM ( ' PHONE LOG Case No.: FEC 13-314

Respondent: Alan Hays

L Date and time: 01/10/14 Name: 1 eni Sue Aldridge-Lawson Phone #:850-245-6243 Summary: I contacted DOE representative Ms Lawson and asked about emails & mail notifications that were sent out to candidates in order to notify them of changes regarding quarterly and monthly reports. Ms .. Lawson said that no hard copies were sent via mail to anyone and that "it is the candidate's responsibility to provide an email address in order to receive important information from DOE" She did not have a copy of the email that was sent concerning the changes She also said that their website listed the changes as welL Entered by: BWims

2 Date and time: 01/17/14; mid-day Name: Terri Sue Aldridge-Lawson Phone #: 850-245-6243 Summary: I called Ms Lawson to discuss notification to candidates and or committees of changes in reporting requirements.. Ms .. Lawson stated that all notifications, including reporting requirements, are sent via email to the email addresses on file in their EFS database

Ms .. Lawson stated that it is the responsibility of the candidate or committee officers to enter their respective email addresses into the EF S system in order for them to receive electronic notifications from DOE Ms Lawson also stated that entering the email address is optional, but if they chose not to enter their email addresses they would not receive vital correspondence/notifications from them, including the notification of the change in reporting requirements that went into effect after a candidate and or committee first registered their respective campaigns

When asked if Senator Hays's campaign had any email addresses on file, Ms Lawson replied, "No " When asked when and how his campaign was notified that notifications were sent via email only, Ms Lawson stated that instructions (and screen shots) were included with the acknowledgement letter mailed to Senator Hays's campaign Ms Lawson agreed to provide FEC with a copy of memorandum notice and the screen shots.

When asked if a hard copy notice was mailed to Senator Hays's campaign, alerting them that the reporting requirements had changed since their registration earlier that year, Ms Lawson replied, "No " Ms Lawson stated that it was their responsibility to view the publications on-line to stay informed of changes to the law Entered by: DMalphurs

3. Date and time: Name: Phone#:

AutOSO (1/04) KEN DETZNER Governor Secretary of State

February 6.. 20 l 3

Jhe Honorable Alan llays Post Office Box 2270 Umatilla, Florida 32784

Dear Senator Hays:

This will acknowledge receipt of the Appointment of Campaign Treasurer and Designation of Campaign Depositmy for the office of State Senator, which was placed on file in our office on February 5, 20 l .3 Your name has been placed on the 20 J 6 active candidate list

Campaign Treasur·cr's Reports

Your first campaign treasurer's report will be due on April 10, 2013 The report will cover the period of Januruy 1 2013 ··March J l, 20!1. All candidates who file reports with the Division of Elections are required to tile by means of the Division's electronic filing system (EFS)

Credentials and Sign-ons

Below is the web address to access the EFS and your user identification number The enclosed scaled envelope contains your initial password Once you have Jogged in using the initial pass\-\ord, you \-\ill be immediately prompted to change it to a confidential sign-on. You, your campaign treasurer, and deputy treasurers are 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 compromised

EFS Web site Address: https://efs dos .. state.tl us Identification Number: 60266

Division of Elections R.A. Gray Bldg., Rm. 316 • 500 S Bronough St, •Tallahassee, Florida 32399-0250 )l Telephone: (850) 245-6240 • Facsimile: (850) 245-6259 elections.myflodda .. com )l Commemorating 500 years of Florida history www .. fla500.com VIVA FWRIDA5UD VIVA flDHIIlA500. ( '

fhe Honorable Alan Hays February 6, 20 l3 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 confidential pin numbers for you By copy of this lettc1, a confidential pin number to access the Division of Election's EFS was sent to ) our treasurer

l:ach candidate is required to provide the Division of Elections with confidential personal information that may be used to allow access in the event this password is forgotten m lost When you enter the campaign account screen, there will be a drop down box where you rick a question (such as What i.1 )'our molhe1 '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 if your credentials have been compromised. Timc!Y. F Hing

All reports filed must be completed and filed through the EFS not late1 than midnight of the due date Reports not filed by midnight of the due date are late filed and su~jcct to the penalties in Section I 06 07(8) .. Flotida Statutes. ln the event that the EFS is inoperable on the due date, the report ,,, ill be accepted as timely filed if filed no later than midnight of the first business day the EF S becomes opernble No fine will be levied during the period the EFS was inoperable

Any candidate failing to file a report on the designated due date shall be subject to a line 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 expenditures, whichever is greater, for the period covered by the late report Hcme;er, for reports immediately preceding each primary and general election, the line shall be $500 per day for each late day .. not to exceed 25% of the total teceipts or expenditures, v.hicheve1 is greater, for the period coveted by the late report

Elcc!ronic Receipts

fhc person submitting the report on the EFS will be issued an electronic receipt indicating and veril'}ing the teport v,,as filed Each campaign treasurer's report filed by means of the EfS is considered lO be under oath by the candidate and campaign treasurer and such persons are subject to the rrovisions of Section 106 07(5), Florida Sta\\Jtcs. / '

The Honorable Alan Hays February 6, 2013 Page Three

Instructions and Assistance

An onlinc instrnction guide is available to you on the HS to assist with navigation, data entry, and submission of reports.. The Division of!: lections 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·c available on the Division of Elections' 1'cb site at http://elections .. myflorida .. com It is your r·csponsibility to read, understand, and follow the requirements of Flor·ida's election laws .. Therefore, please pdnt a copy of the following documents: (]iapters !04 and 106, Florida Statutes, 2012 Candidate and Campaigu Treaiurer Ha1tdbook, 2013 Calendar of Repo1ti11g Dates, and Ruic lS-2 .. 017, Flo rid a Administrative Code.

Please let me know if you need additional information

Since1ely, ~ /1-~~:;,fcr.. & r·j]__ Kristi Reid Bronson, Chief Bureau ot Election Records

KRB/Jjr

Enclosures

pc: Mr Scott McCullough, Treasurer .. ..'""" ' APPOINTMENT OF CAMPAIGN TREASURER ,..., .... ,...~'''l':'l"'I AND DESIGNATION OF CAMPAIGN ...... \.J-~ - 1-:...·. DEPOSITORY FOR CANDIDATES 13 FEB-5 (Section 106 021(1), F S) PH I: 5 I

(PLEASE PRINT OR TYPE) 01''<'.lSli.lii t;i t:LE.CTIONS SECRETARY OF STATE NOTE: This form must be on file with the qualifying officer before openint;t the camoait;tn account.. OFFICE USE ONLY 1. CHECK APPROPRIATE BOX(ES): ['8] Initial Filing of Form Re-filing to Change: D Treasurer/Deputy 0 Depository 0 Office D Party 2 Name of Candidate (in this order: First, Middle, Last) 3 Address (include post office box or street, ci~. state, zip Alan Hays code) .. - PO Box2270 4 Telephone 5 E-mail address Umatilla, FL 32784 (352 ) 205-2005 alan@electalanhays .. com - 6 Office sought (include district, circuit, group number) 7 If a candidate for a nonpartisan office, check if State Senate, District 11 applicable: D My intent is to run as a Write-In candidate ·- 8 If a candidate for a partisan office, check block and fill in name of party as applicable: My intent is to run as a 0 Write-ln 0 No Party Affiliation 181 Republican Party candidate 9 .. I have appointed the following person to act as my [X] Campaign Treasurer 0 Deputy Treasurer 10 Name of Treasurer or Deputy Treasurer - Scott McCullough, CPA 11 Mailing Address 12 Telephone 2310 S Bay Street ( 352 ) 483-1100 -·13 City 14. County 15. State 16 Zip Code 17 E-mail address -- Eustis Lake FL 32726 [email protected] 18 I have designated the following bank as my ['8] Primary Depository 0 Secondary Depository ·- -- 19 Name of Bank ~·ddress United Southern Bank Box 1925 -· - 21 City 22 County 23. Slate 24 Zip Code Eustis Lake FL 32726

UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY AND THAT THE FACTS STATED IN IT ARE TRUE

25 Date 26 Si of Candidate~ February 4, 2013 x(if//-< __ r7 ,,,, ,/)_.... - ~ --- / / 27 Treasurer's Acceptance of Appointment (fill in the blanks an

I, Scott McCullough do hereby accept the appointment (Please Print or Type Name) designated above as: [X] Campaign Treasurer O Deputy Treasurer ,, February 4, 2013 x £'~~~/~, ;/ ~ - Date Signature of C~mpaign Tre

------·-----.....,..._,--·--, OFFICE USE ONLY STATEMENT OF CANDIDATE 13 fEB-S PH f: SI (Section 106 .. 023, F.S .. ) (Please print or type) DlYISIG:I Ur' 1:.u:cnoHs SECRETARY OF STATE '------·---·-·-·----! I, .-!l~ rt~ k--- candidate for the office of . 5771-1& )EAJAfr£~7'U(C(Jl_;

have been provided access to read and understand the requirements of

Chapter 106, Florida Statutes

3

Each candidate must file a statement with the qualifying officer within 10 days after the Appointment of Campaign Treasurer and Designation of Campaign Depository is filed .. Willful failure to file this form is a first degree misdemeanor and a civil violation of the Campaign Financing Act which may result in a fine of up to $1,000, (ss. 10619(1)(c), 106 265(1), Florida Statutes)

"=~-.,.,-~~------·----DS·DE 84 (05/\ \) ---·------· HAND DELIVERED F EC - Candidate/Committee ~>''11g History Report Page 1 of 1

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Florida Department of State - Division of Elections Florida Election System Reports Candidate,'Commiltee Lookup Candidate Name: Alan Hays Name jAlan Hays Account: 60266 Days Fine Amount Amount Election: Date Due Type Date Filed Status Late Assessed Appealed Fined Paid 12/10/2013 M11 12/10/2013 Acct 160266 11/12/2013 M10 11/18/2013 APP 6 $662.50 $662 50 $0 00 10/10/2013 03 10/9/2013 Type j Candidate 7/10/2013 02 7/1/2013 4/10/2013 01 4/5/2013

https ://doesecure .. dos .state. fl. us/foc/FilingHistory Asp? AcctNum=60266&cbo Election=&cb 1/3/2014