STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION In Re: Independent Party of Florida Case No.: FEC 16-048 _____________________________________________/ TO: Ernest William Bach, Chair Jordan Jones & Adam Tanenbaum 700 Sharkey Road Department of State Building 300, Suite 365 500 S. Bronough Street Largo, FL 33771-2334 Tallahassee, FL 32399 NOTICE OF HEARING (ADMINISTRATIVE APPEAL) A hearing will be held in this case before the Florida Elections Commission on, August 16, 2016, at 9:00 a.m, or as soon thereafter as the parties can be heard, at the following location: Senate Office Building, 404 South Monroe Street, Room 110-S, Tallahassee, Florida 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. Each party will have 5 minutes to present its 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 a party 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 Ann 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. Amy McKeever Toman Executive Director Florida Elections Commission August 1, 2016 NOH FEC # 16-048 1G JUN - l Pi i 2: I O STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION In Re: Independent Party of Florida Case No.: FEC 16-048 ORDER CONTINUING CASE THIS MATTER was heard by the Florida Elections Commission (Commission) at its regularly scheduled meeting on May 18, 20 16, in Tallahassee, Florida. Respondent requested that the matter be continued. The Commission reviewed Respondent's request and considered Staffs Response. Respondent's request was GRANTED. THIS MATTER is continued until the next available meeting of the Florida Elections Commission. DONE AND ORDERED by the Florida-xs;:-L_ Elections Commission on May 18, 2016. M. Scott Thomas, Chairman Florida Elections Commission Copies furnished to: Stephanie J. Cunningham, Assistant General Counsel Independent Party of Florida, Respondent Adam S. Tanenbaum & W. Jordan Jones, Attorneys for Complainant Order Continuing Case (07/ 14) FEC Case# 16-048 Fw: FEC CASE 16-048 Florida Elections Commission to: Stephanie Cunningham 05/13/2016 05:12 PM Sent by: Donna Malphurs FYI ----- Forwarded by Donna Malphurs/OAG on 05113/2016 05: 11 PM ----- From: [email protected] To: [email protected], [email protected], [email protected] Cc: [email protected] Date: 05/131201611 :58 AM Subject: FEC CASE 16-048 The attached letter relating to case FEC 16-048 sent to the Florida Elections Commission with copies to the Bureau of Election Records (Kristi Reid Bronson and Malcolm Chellman) relating to case DE-PVW-15-9 Please confirm receipt. Thank you, Independent Party of Florida 700 Starkey Rd. Suite 365 Largo, FL 33771-2334 (7217) 585-1111 aJ [email protected] IND DOE Rebuttal May2016.doc Independent Party of Florida 700 Starkey Rd. Bldg. 300 - Suite 365 Largo, FL 33771-2334 (727) 585-1111 [email protected] http: I I www .independentpartyomorida.org /Amy McKeever Toman / Executive Director - Florida Elections Commission 107 W. Gaines Street Collins Bldg. - Suite 224 Tallahassee, FL 32399-1050 May 12, 2016 Case No.: FEC 16-048 To: The Florida Elections Commission In light of the untimely notification for the Notice Of Hearing of the above referenced case, we find it necessary to submit the following. This case has been ongoing for over one year starting in early 2015 and the Independent Party of Florida has consistently communicated with the Florida Division of Elections in an attempt to mediate and finalize a decision based on the facts therein regarding a disputed decision which we continue to regard as wrongfully considered by the above commission dated June 24, 2015 as a Notice To Revoke the status of the Independent Party of Florida. Timeline of communications: -June 27, 2015: Recdved notice oflnitial Notice Oflntent To Cancel dated June 24, 2015 and postmarked· on June 25, 2015 -July 22, 2015: Our notice of Objection and Appeal of Action To Cancel Status was filed timely to the Bureau of Election Records both electronically and sent via USPS. -July 27, 2015: Letter was received from Bureau of Election Records dated July 23 and postmarked July 24, 2015 in response to our Request For Information Regarding Variance and Waivers. A telephone call was made to Brandy Hedges at the General Counsel's office as directed for any additional questions or information which we had. -August 18, 2015: As suggested by Ms. Hedges, a letter was sent to the General Counsel's Office for a Request For Variance and Waiver For Annual Audit which briefly outlined the overriding segments of language from the Florida Statutes that in effect by its very own language would permit the issuance of a Variance and Waiver, to wit: FS120.542(2) which very clearly states; "Variances and Waivers shall be granted when a person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person and when application of a rule would create a substantial hardship or would violate principles of fairness." Those very specific segments of the statutes own language have factually been demonstrated by the Independent Party of Florida in which; (a) we have annually submitted an Annual Audit which was reviewed and approved by a professionally licensed, insured and certified bookkeeping firm which meets the language of the statute and had been achieved by other means, notwithstanding the fact and for which we feel precedent was set by the Bureau of Elections as they accepted those identical audits for the years 2011, 2012 and 2013. (b) that the purpose of the underlying statute did in fact create an "economic" hardship as per the language of the statute which requires that Variance and Waiver shall be granted. The "hardship" was that we did not have any funds to meet the quotes we were given by a number of CPA's of$2500 to $5000 for our one page annual financial page and we could locate none that would do the audit at all or for less. -November 19, 2015: Received via USPS Notice of Final Order received from FL Division ofElectio_ns denying the Request For Waiver submitted August 18, 2015. As a brief yet substantial point of objection we refer to the Findings of Fact of the Final Order denying the requested waiver based significantly on the following statement included in our document- ation by the Certified, Licensed and Professional Bookkeeper who signed off on our audit, to wit; Finding Of Fact: #2. We have not audited or reviewed the accompanying financial statements and accordingly do not express an opinion or provide any assurance about whether the financial statements are in accordance with the modified cash basis of accounting. Conclusion of Law: #8 and #9: A reiteration of the above #2 from Findings of Fact. This conclusion appears to be the primary factor in the Denial for Variance and Waiver, and we specifically point out and dispute the one significant argument to that conclusion. The language used by the CPA firms in their compilation of Audits for the other minor parties in Florida** is the identical boiler plate language used for all and is the similar language used by the Independent Party of Florida in its audits, to wit; ** "We did not audit or review the financial statements nor were we required to perform any procedures to verify the accuracy or completeness of the information provided by management. Accordingly we do not express an opinion, a conclusion nor provide any form of assurance on these financial statements." Therefore, our question to the Final Order to Deny dated November 16, 2015 and signed by Maria I. Matthews, Director, Division of Elections which appears primarily based on the above is, why is that language acceptable to the state for all other minor partv Anoual Audits yet it is the most specific point and language used to deny the variance and waiver for the Independent Party of Florida. ** That language as submitted to the Division of Elections was factually documented by review of the Annual 2015 and previous annual audits of the following; Independence Party of Florida, Libertarian Party of Florida, Green Party of Florida, Ecology Party of Florida,. Party For Socialism and Liberation, American Party of Florida As previously rebutted, we once again submit that the language ofFS 103.121 is unclear, non-specific and at best ambiguous and the written language in the Final Order for Denial dated November 16, 2015 is even more so. It is incorrect in its assumption by whomever authored the decision. The order states, "The notice stated that the Division's intent to cancel Petitioners registration was based on Petitioners failure to comply with the 2014 annual public audit requirement of section 103.121(2), and that the annual audit "must be conducted by a certified public accountant (CPA) licensed in the State of Florida." That is absolutely incorrect. The statute states nothing more than the following; "The funds of each such state executive committee shall be publicly audited at the end of each calendar year and a copy of such audit furnished to the Department of State (et al)".