STATEMENT of CANDIDATE 2012 JUN ·-4 PN /2: 1S (Section 106
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STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION In Re: Richard C. Brown Case No.: FEC 12-426 ------------------------~/ NOTICE OF HEARING ON APPEAL OF AUTOMATIC FINE TO: Richard C. B-rown 11021 NW22ndAvenue Miami, Florida 33167 Miami-Dade County Supervisor of Elections. 2700 NW SJ'h Avenue Miami,. Florida 33172 PLEASE TAKE NOTICE that on May 14,2013, at 8:30 a.m,or thereafter as the parties can be heard, the Florida Elections Commission will consider the Respondent's appeal of the automatic fine imposed by . the filing officer The Commissionwill meet at: S.emlte Office Building, 404 South Monr()eStreet, Room S-401, Talhihassee; Florida 32399-6526. · · Although you did not request a .hearing, this notice ~s to inform y6u that your case will be discussed at the meeting taking place on the above date and place · All documents you want the Commission to conside1 must be submitted at least 10 days prior to the hearing · Ifyou require ah ac.commodation due to a disability, contact Donna Malphurs at (850) 922-4539 or by mail at 107 West Gaines St1eet, The Collins Building, Suite 224, Tallahassee, Florida 32399, at .least 5 days before the hearing PLEASE GOVERN YOURSELF ACCORDINGLY. Dated on Aprill6, 2013. Amy McKeever Toman Executive Director Hea038 (2109) IjS~TRUCTIONS FOR HEARING ON APPEAL OF AUTOMATIC FINE 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 ou this notice. At the automatic fine hearing, the Flmida Elections Commission will decide whether Respondent's campaign treasurers report 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 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 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 mganization; 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 officiaJ.record of the heating, the Respondent may provide, at his own expense, a certified court reporter to also recmd the hearing Before making a decision, the Commission will review the written documents submitted by Respondent and staff at least ten days before the heating and the· information presented at the hearing. Rule 2B•L005, 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 hearing 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 names 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 same 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 report 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, Florida 32399-1050, phone number: (850) 922-4539 .. Hea038 (2109) FLORIDA ELECTIONS COMMISSION CASE REPORT Case Number: FEC-12-426 NAME: I RICHARD BROWN DA IE APPEAL RECEIVED: 11/29/12 CANDIDATE [X] STATE [ ] DATE HEARING REQUEST RECEIVED: N/A PC [] DISTRICT ( ] CCE [] COUNTY (X] DATE REPORT DUE: 9/4/12 (2012 TR) POLIIICALPARTY f 1 CITY f 1 DATE OF ELECTRONIC RECEIPT: 10/25/12 DATE FlUNG OFFICER RECEIVED REPORT: 10/25112 NUMBEROFDAYSLATE: 51 AMOUNT OF FINE: $25.00 FINE BASED ON: ( •• )NUMBER OF DAYS ( •• ) 25% OF RECEIPTS (X) 25% OF EXPENDITURES TOIAL RECEIPTS FOR REPORTING PERIOD: $100 00 TOIAL EXPENDIIURES FOR REPORTING PERIOD: $100 .. 00 DATE OF FIRST NOTIFICATION: 10/26112 1 SUMMARY: Richard C B10wn was a candidate for Miami-Dade Community Council 08/81 in the 2012 elections Mr Brown was elected unopposed Mr Brown appointed himself as his own treasurer Mr Brown is appealing the fine claiming that he unintentionally forgot to file his 2012 TR Report According to Mr Brown, due to his travel plans over the summer, he forgot that his 2012 TR Report was due until he received a telephone call fiom the Miami-Dade Elections Department On June 4, 2012, Mr Brown signed an acknowledgement letter confirming that it was his responsibility to read, understand and follow the requirements described in the Candidate Qualifying Handbook which included the Calendar of Reporting Dates On June 18, 2012, the Miami-Dade County SOE's office sent Mr B10wn certified mail that congratulated him on being elected.unopposed This letter also informed him that he was requiied to file his 2012 TR Report by 9/3/12. • Mr Brown became an unopposed candidate on 615112, the end of the candidate qualifying period • The 2012 TR Report covers the time period from4/l/12 tlnough 9/3/12 • Mr .. Brown reported receiving 1 contribution, while making 1 expenditure • ML Brown reported receiving his only contribution for this reporting period on 6/4/12, while making his only expenditure on 6/5/12 • The Miami-Dade County SOE's office does not keep records to complete queued-transactions reports for their respective candidates PRIOR CASES: Mr Brown has no prior cases with the Commission 1 The Hollywood, Florida City Clerk's of!ice attempted to send Mr Brown failure-to-file emails on 9/6/12, and I 0/23/12; however, the sent them to the wron email address. FECACTION: FINEDUE: $ DATE:---------- TIMELY FILED: YES No UNUSUAL CIRCUMS lANCES: YES No WAIVER: PAR IIAL FULL FINEINCORRECILYCALCULATED: YES NO UCREASON: INITlALS: Aut047 (ll/08) '' FLORIDA ELECTIONS COMMISSION PHONE LOG Case No.: FEC 12-426 Respondent: Richard Brown Complainant: Miami-Dade County SOE 1 Date and time: March 8, 2013@ 9:15am Name: Vanessa Innocent-FO Phone#: (305) 499-8342 Summary: I had telephone contact to determine when appellant was elected unopposed. Ms. Innocent advised me that appellant was elected on 8/14/12 Memo to File? No Entered by: CKO 2 Date and time: March 8, 2013@ 4:15pm Name: Vanessa Innocent-FO Phone#: (305) 499-8342 Summary: I had telephone contact to determine when the end of the candidate qualifying period was to determine when appellant was found to be unopposed candidate I left a message to return my call Memo to File? No Entered by: CKO 3 Date and time: March 11, 2013@ 9:15am Name: Vanessa Innocent-FO Phone#: (305) 499-8342 Summary: I had telephone contact in response to my message Ms Innocent advised me that appellant became unopposed on 6/5112, at the end of the qualif'ying period I thanked her for her assistance in this matter. Memo to File? No Entered by: CKO lnvOO I (I 0107) -------- ( November 19, 2012 Florida Elections Commission, 107 West Gaines Street, ZOIZ NOV 2'1 P tt: I C ,...··~·, ~· .. , ~.- :·- ... ··•. :'"' ,, Collins Building, Suite 224 Tallahassee, FL 32399-1050 Reference: TR-QC12 Campaign Treasurer Report Due September 4, 2012 Gentleman/Madam: In response to the note of late filing I received requesting a fine of$25 00 from me, I hereby appeal to you due to my travel plans over the Summer I had forgotten that the report was due, until! received the call from Miami Dade Elections Department. I request that the late fee of $25.00 be waived and I be notified of this at your earliest 11021, N W 22"' Ave Miami, FL 33167 305-484-8241 --------- ---1 / ' I' Ele~ions 2700 NW 67th Avenue Miami, Florida 3317.2 T 305-499-.86.83 F305.499-B517 TTY 305·499 -8480 miamidade ..g(!v October 26, 2012 Mr .Ri.chard C.. Brown 11021 NW22AVE f)lliami., FL 33167 NOTICE OF LATE FILING- FINE DUE-$25.00 TR-QC12 Campaign Treasurer's .Report Due Date: 9/4/2012 Perlo.d Cove.red: 4/1/2012 ··9/3/20.12 Dear Mr. Brown, The TR-QC12 Campaign Treasurer's Report filed wittl our 6ffice was. submitted o.n 10/25/2012 Since \h.Js report wa.s notflled by the appropriate filing date, a fine is being assessed'for each tate day pursuant to Florida.