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Green Party of Florida Case No.: FEC 12-414 ------~'

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Green Party of Florida Case No.: FEC 12-414 ------~' STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION In Re: Green Party of Florida Case No.: FEC 12-414 ------------------------~' NOTICE OF HEARING ON APPEAL OF AUTOMATIC FINE TO: Kelley S. Roark, Esquire Kelley Roark, P.A. · 2915 Biscayne Blvd., Suite 300 Mianii, Flo.rida 33137 Division of Elections 500 South BronoughStreet .RA GrayBililding, Room.316 Tallahassee, Florida 32399~0250 PLEASE TAKE NOTICE that on May 14, 2013,at8: 30 a.m. orthereaftei as the parties can be heard, the Florida Elections Commission will bringon to be heard Respondent's appeal of the fine imposed by the filing officer for Respondent failing to file timely a campaign treasurer's rep01t. The Commission shal! meet at: Senate Office Building, 404 S(luth Monroe Street, Room Sc401, Tallahassee, F:Io.rida 32399-6526. Respondent and staff shall have the opportunity to brieflY present their case to the Commission Failure. to appear in accordance withthis notice will constitute a waiver of your right to a hearing, and the Commission will decide this case on the record before it Convenience of location is not a basis for continuing or postponing the scheduled hearing. See reverse side for additional instructions. If you require an accommodation due to a disability, contact Donna Ann Malphurs at (850) 922-4539 or by mail af 107 West Gaines Street, The Collins Building, Suite 224, Tallahassee, Florida 32399, at least 5 days before the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. Dated on April 16, 2013 Amy McKeever Toman Executive Director Hea038 (2/09) Please be advised that other cases have been scheduled for the same time. Therefore, your case may not be called exactly at the time set forth on this notice. At the automatic fine heating, the Flolida Elections Commission will decide whether Respondent's catnpaign treasurers rep01t was timely filed or whether there were unusual circumstances that excuse his failure to timely file his report Rule 2B-L0055, Florida Administrative Code, defines unusual circumstances as "uncommon, rare or sudden events over which the actO! has no control 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 hearing will be conducted pursuant to Section 106 07(8)(c), Florida Statutes, if Respondent is a candidate, a political committee, or an electioneering communications organization; Section 106.04(8)(c), Florida Statutes, if Respondent is a committee of continuous existence; or Section 10629(3)( c), Florida Statutes, if Respondent is a political party; and Commission Rules 2B- 1 005, 1 0052, & 1 0055, Florida Administrative Code The Commission will electronically record the meeting Although the Commission's recording is considered the official record of the healing, the Respondent may provide, at his own expense, a certified court 1 eporter to also record the heating Before making a decision, the Commission will review the written documents submitted by Respondent and staff at least ten days before the hearing and the information presented at the hearing .. Rule 2B-1.005, Florida Administrative Code, provides that unless good cause is shown, the Commission will not consider any written document unless it has been filed with the Commission Clerk at least ten days before the healing .. When the case is called, the Chair will read a brief statement and may ask the Respondent and his attorney, if one is present, to state their natnes for the record. Respondent will then have time to present his case to the Commission Witnesses may be called to testify under oath on Respondent's behalf. If Respondent calls witnesses, the staff attorney may cross-examine those witnesses after Respondent's questioning is finished .. After Respondent's presentation, staff will have the satne amount of time to present its case. If the staff attorney calls witnesses, Respondent may cross-examine those witnesses after staff's questioning is finished At any time during the presentations the Commissioners may ask questions of Respondent, his attorney, the witnesses, and staff After the presentations are concluded, the Commissioners will discuss the case and decide whether Respondent's repmt was timely filed or whether there were unusual circumstances that excuse his failure to file timely his report The Commission will make a decision by a majority vote of those members present and voting. After the Commission meeting, the Commission will send Respondent a written order 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 Ann Malphurs at 107 West Gaines Street Collins Building, Suite 224 Tallahassee, FL 32399- 1050, phone number: (850) 922-4539. Hea038 (2/09) FLORIDA ELECTIONS COMMISSION CASE REPORT Case Number: FEC-12-414 NAME: GREEN PARTY OF FLORIDA CANDIDATE [ ] STATE [ X ] DATE APPEAL RECEIVED: 11/26/12 PC [ ] DISTRICT [ ] DATE HEARD BY FEC: N/A CCE [ ] COUNTY [ ] POLITICAL PARTY [ X ] CITY [ ] DATE HEARING REQUEST RECEIVED: 11/26/12 ECO [ ] ATE EPORT UE D R D : 11/2/12 (2012 G4) DATE OF ELECTRONIC RECEIPT: 11/3/12 DATE FILING OFFICER RECEIVED REPORT: 11/3/12 NUMBER OF DAYS LATE: 1 AMOUNT OF FINE: $10,000.00 FINE BASED ON: (X) NUMBER OF DAYS ( ) 25% OF RECEIPTS ( ) 25% OF EXPENDITURES TOTAL RECEIPTS FOR REPORTING PERIOD: $872.72 TOTAL EXPENDITURES FOR REPORTING PERIOD: $163.00 DATE FIRST NOTIFICATION WAS RECEIVED: 11/5/12 SUMMARY: The Green Party of Florida is a political party executive committee (PPX) registered with the State of Florida. The PPX’s chair is Jennifer Sullivan and its treasurer is Kurt Gratzol. The PPX is appealing the fine claiming that unusual circumstances caused the 2012 G4 Report to be untimely filed. According to PPX’s treasurer, the primary cause for the late filing was due to difficulty logging into the EFS system. He stated that he has had problems logging into the system in the past1. In a 2/18/13 Chairperson Statement letter, Ms. Sullivan stated, “Because of this being the most intensely busy time, I either did not receive the reminder email or missed it in the unbelievable amounts of emails that I was getting. So the consequences of this was that I was not able to remind Kurt about the filing and did not realize this until I saw the “late notice.” • The PPX has been electronically filing treasurer reports for the past 16 years. • The 2012 G4 Report covers the time period from 10/13/12 through 11/1/12. • The PPX reported receiving 3 contributions, while making 5 expenditures during this reporting period. • The PPX reported receiving its last contribution for this reporting period on 10/15/12; the last expenditure was reported on 10/31/12. • The 2012 G4 Queued-Transactions Report shows that the report was created on 9/5/12 at approximately 10:58 a.m., and reviewed several times before being filed on 11/3/12 at approximately 3:36 p.m. The last review of the report was on 11/1/12 at approximately 4:26 p.m. 1 Records from the Division state that Mr. Gratzol had an issue in locating the EFS website properly. FEC ACTION: FINE DUE: $ ________________________ DATE : _________________________ TIMELY FILED: YES ______ NO ______ UNUSUAL CIRCUMSTANCES: YES ______ NO ______ WAIVER: PARTIAL ______ FULL ______ FINE INCORRECTLY CALCULATED: YES ______ NO ______ UC REASON: _________________________________________________________________ INITIALS: ________ Aut048 (2/09) PRIOR CASES: The Green Party of Florida has not appeared before the Commission; however, the party has had to pay the Division for untimely filing their reports on several occasions in the past. According to Division records, The Green Party of Florida was also fined $89.37 for filing their 2001 Q3 Report 8 days late; however, there is no record that this fine was ever paid. FEC ACTION: FINE DUE: $ ________________________ DATE : _________________________ TIMELY FILED: YES ______ NO ______ UNUSUAL CIRCUMSTANCES: YES ______ NO ______ WAIVER: PARTIAL ______ FULL ______ FINE INCORRECTLY CALCULATED: YES ______ NO ______ UC REASON: _________________________________________________________________ INITIALS: ________ Aut048 (2/09) I I, FLORIDA ELECTIONS COMMISSION PHONE LOG Case No.: FEC 12-414 Respondent: Green Party of Florida Complainant: DOE 1 Date and time: Decembe1 19,2012@ 5:30pm Name: Kelly Romke-Attomey Phone#: Voice Message Summary: I had a voice message advising me that Kelly Romke 1s Respondent's attorney Ms .. Romke requests that I retum her call # (305) 469-4460 Memo to File? No Entered by: CKO 2 Date and time: December 20, 2012@ 2:00pm Name: Kelly Rourke-Attorney Phone#: Voice Message Summary: I had another vo1ce message asking that I 1etmn her call to discuss Respondent's investigation. Memo to File? No Entered by: CKO 3. Date and time: December 20, 2012 @2:25pm Name: Kelly Rourke-Attomey Phone#: (305) 469-4460 Summary: I had telephone contact to retum Ms Romke's calL I explained that I would need a notice of appearance on file before I could confirm/deny/discuss any information Ms .. Rourke advised me that she would email a notice of appearance. I gave her my email address Ms .. Romke also requests an extension to retum information till January 20, 2013 Memo to File? No Entered by: CKO 4 Date and time: December 21, 2012@ 4:00pm Name: Kelly Rourke-Attomey Phone#: (305) 469-4460 Summary: I had telephone contact advising me that she was in the process of sending notice of appearance and wanted to verify email add! ess Memo to File? No Entered by: CKO 5 Date and time: January 22,2013@ 7:30am Name: Kelly Rourke-Attomey Phone#: Voice Message Summary: I had voice message requesting another extension to February 15, 2013.
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