Leon FL Appeals, Civil rights and Government Lawyers

19-003376FEC FLORIDA ELECTIONS COMMISSION vs RANDY SCOTT (2019)

Division of Administrative Hearings, Florida Filed: Jun. 20, 2019

Did Respondent, Randy Scott, willfully violate section 106.07(2)(b)1., Florida Statutes (2018)1, by filing an incomplete campaign financial report 1 All citations to Florida Statutes are to the 2018 codification unless otherwise indicated. and failing to file an addendum completing the report within seven days after receiving notice that the report was incomplete?Section 106.07(2)(b)1. applies to incomplete reports, those missing information, not incorrect reports, those with errors. A report mischaracterizing the purpose of an expenditure is incorrect not incomplete. FEC cannot fine reporter under §106.07(2)(b)1.

11-001587 FLORIDA ELECTIONS COMMISSION vs ROBERT H. SHARKEY (2011)

Division of Administrative Hearings, Florida Filed: Mar. 29, 2011

The issue in this case is whether Respondent, Robert H. Sharkey ("Sharkey"), violated section 104.271(2), Florida Statutes (2010),1/ as alleged in Petitioner, Florida Elections Commission's ("Commission"), Order of Probable Cause dated February 21, 2011, and, if so, the amount of any fine that should be imposed against Sharkey. Specifically, did Sharkey act with actual malice in publishing a defamatory statement against an opponent during a political campaign?Respondent violated provisions of election laws; fine of $1,000 imposed due to mitigating factors.

11-006185 FLORIDA ELECTIONS COMMISSION vs FREDA SHERMAN STEVENS (2011)

Division of Administrative Hearings, Florida Filed: Dec. 06, 2011

Whether Freda Sherman Stevens (Respondent), a candidate in the 2008 primary for a seat in the Florida House of Representatives, willfully violated section 106.07(5), Florida Statutes (2008), by certifying that six of her campaign reports were true, correct, and complete when they were not. Whether Respondent willfully violated section 106.19(1)(c), Florida by falsely reporting, or deliberately failing to report information required to be reported by chapter 106, Florida Statutes (2008).1/Candidate committed multiple violations of campaign finance reporting laws inaccurate and incomplete reports and by certifying those reports to be accurate and complete.

08-006413 FLORIDA ELECTIONS COMMISSION vs JAMES B. DAVIS (2008)

Division of Administrative Hearings, Florida Filed: Dec. 24, 2008

The issues are whether Respondent accepted campaign contributions and made expenditures before designating a campaign treasurer and campaign depository, signed a check without sufficient funds written on a campaign account with insufficient funds to cover the check, and accepted a campaign contribution in excess of the legal limit in violation of Subsections 106.021(1)(a), 106.11(4), and 106.19(1)(a), Florida Statutes (2005).1The Florida Elections Commission should impose a $5,000.00 fine on candidate who willfully accepted contributions and made expenditures before designating a campaign treasurer and depository and wrote checks on accounts with insufficient funds.

10-008862 FLORIDA ELECTIONS COMMISSION vs VIBERT L. WHITE, JR. (2010)

Division of Administrative Hearings, Florida Filed: Sep. 02, 2010

06-003643 FLORIDA ELECTIONS COMMISSION vs DOUGLAS M. GUETZLOE AND THE GUETZLOE COMMUNICATIONS GROUP, INC. (2006)

Division of Administrative Hearings, Florida Filed: Sep. 22, 2006

Whether the Respondents willfully violated Subsections 106.071(1), 106.143(4)(b), and 106.19(1)(c), Florida Statutes, (2003)1 as charged in Counts 5 through 12 of the Florida Elections Commission's Order of Probable Cause.Respondent made independent expenditures during the city commission election in 2003. Radio ads that omitted the required disclosure statements were not a willful violation. Failing to report financial statements and expenditures are willfull.

06-003956 FLORIDA ELECTIONS COMMISSION vs MICHELLE SPENCE-JONES (2006)

Division of Administrative Hearings, Florida Filed: Jul. 26, 2007

The issue for determination is whether Ms. Spence-Jones committed the offenses set forth in the Order of Probable Cause, filed September 1, 2006, and, if so, what action should be taken.Petitioner found probable cause for violations not asserted in the sworn complaint, but no probable cause for violations that were asserted in the complaint. Petitioner is statutorily restricted to violations asserted in a complaint. Recommend dismissal.

04-001999 FLORIDA ELECTIONS COMMISSION vs MIRIAM OLIPHANT (2004)

Division of Administrative Hearings, Florida Filed: Jun. 07, 2004

Whether Respondent violated the provisions of Section 104.051(2), Florida Statutes (2002), by willfully neglecting to perform her duties as alleged in the 55-count Order of Probable Cause and, if so, the penalties that should be imposed.1Respondent was guilty of willful neglect of duty as defined by Section 106.37, Florida Statutes.

06-000138 FLORIDA ELECTIONS COMMISSION vs JUDY K. BEARDSLEE (2006)

Division of Administrative Hearings, Florida Filed: Jan. 11, 2006

The issues to be determined in this case are whether Respondent, Judy K. Beardslee, violated state election laws by certifying the correctness of a campaign treasurer's report that was incorrect, false, or incomplete, and, if so, what penalty should be imposed.Respondent showed reckless regard for whether her campain treasurer`s report was correct. Her certification of the incorrect report was, therefore, a willful violation of Section 106.07(5), Florida Statutes.

05-004399 FLORIDA ELECTIONS COMMISSION vs MIKEL LEE PERRY (2005)

Division of Administrative Hearings, Florida Filed: Dec. 05, 2005

The issue is whether Respondent willfully violated Section 106.07(5), Florida Statutes (2004), by certifying to the correctness of five campaign treasurer's reports (CTRs), which did not disclose payments that Respondent's media consultant made to two television stations on Respondent's behalf.Respondent violated Section 106.07(5), Florida Statutes, by certifying to the correctness of five campaign treasurer`s reports, which did not disclose payments that Respondent`s media consultant made to two television stations on Respondent`s behalf.

Eric Matthew Lipman