Petitioner: FRANK L. ZORC
Respondent: FLORIDA ELECTIONS COMMISSION
Judges: HARRY L. HOOPER
Agency: Florida Elections Commission
Locations: Vero Beach, Florida
Filed: Oct. 17, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 19, 2002.
Latest Update: Dec. 24, 2024
) Aon 84 9,
FLORIDA ELECTIONS COMMISSION ae ws /3
107 W. Gaines Street, Suite 224 Ea ghee
Collins Building
Tallahassee, Florida 32399-1050
(850) 922-4539
June 4, 2002 YUL
Sharyn Smith, Director
Division of Administrative Hearings
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
In Re: Frank Zore, DOAH 01-3999 and FEC 00-236
Dear Ms. Smith:
Enclosed is the Final Order issued by the Florida Elections Commission in this
case.
With kind regards,
Sincerely,
Barbara M. Linthicum
Executive Director
Enclosure: Final Order
Doah014 (8/01)
FILED .
STATE OF FLORIDA 02 MAY 20 Pit 2 wy
FLORIDA ELECTIONS COMMISSION starz oF Flog
ELECTIONS CONps sou.
In Re: Frank Zorc Case No.: FEC 00-236
/ F.O. No.: DOSFEC 02-059 W
FINAL ORDER
THIS CAUSE came on to be heard at an informal hearing held before the Florida
Elections Commission (Commission) on May 9, 2002, in Miami, Florida,
APPEARANCES -
For Commission: Eric M, Lipman
Assistant General Counsel
Florida Elections Commission
107 W. Gaines Street
Collins Building
Tallahassee, FL 32399-1050
For Respondent: Jack Jordan, Esquire
Hatch & Jordan, P.A.
1701 AlA, Suite 220
Vero Beach, FL 32963-2206
STATEMENT OF THE ISSUE
Whether the Respondent willfully: (1) gave, paid, expended, or contributed money or other
thing of value to another candidate in order to aid in the nomination or election of a candidate;
(2) failed to mark the political advertisement of a candidate running for partisan office with the
candidate's political party affiliation or to indicate that the candidate is running with no party
affiliation; (3) failed to state on a political advertisement by a candidate that the content of the
advertisement was approved by the candidate and the identity of the person who paid for the
advertisement; (4) failed to use the word “for” between the candidate’s name and the office for
which the candidate is Tunning in a political advertisement of a candidate who is not the
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incumbent; (5) made an expenditure other than through the campaign treasurer; (6) certified to
the correctness of a campaign treasurer's report that is incorrect, false or incomplete; (7) failed to
return a contribution received after the date the candidate withdraws, becomes unopposed, is
eliminated or elected; (8) used the campaign account for any other purpose than depositing
contributions or making expenditures for the candidate; (9) incurred an expense for the purchase
of goods or services without sufficient funds on deposit in the primary campaign depository to
pay the full amount of the incurred expenses, to honor all outstanding checks and to pay all
previously authorized but unpaid expenses; (10) failed to pay for previously incurred expenses
for the purchase of goods or services upon delivery and acceptance of the goods or services; and
(11) made or authored any expenditure prohibited by this Chapter 106, Florida Statutes,
PRELIMINARY STATEMENT
On July 3, 2001, the Commission received a swom complaint alleging violations of
Florida's election laws. The staff of the Commission conducted an investigation to determine
whether the facts alleged in the complaint constituted probable cause to believe that the
Respondent violated the following section(s) of Chapter 106, Florida Statutes:
Section 104.071(1)(c), Florida Statutes, prohibiting a candidate or
any person supporting a candidate, in order to aid the nomination
or election of such candidate, from giving, paying, expending, or
contributing any money or other thing of value to any other
candidate;
Section 106.143(2), Florida Statutes, failure of a person to mark
the political advertisement of a candidate running for partisan
office with the candidate's political party affiliation or to indicate
that he is running with no party affiliation;
Section 106.143(4)(a), Florida Statutes, failure of a person to state
on a political advertisement by a candidate that the content of the
advertisement was approved by the candidate and the identity of
the person who paid for the advertisement;
Section 106.143(5), Florida Statutes, failure of a person in a
political advertisement of a candidate who is not the incumbent to
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use the word “for” between the candidate’s name and the office for
which the candidate is tunning;
Section 106.021(3), Florida Statutes, prohibiting a candidate from
making an expenditure except through the campaign treasurer;
Section 106.07(5), Florida Statutes, prohibiting a candidate from
certifying to the correctness of a campaign treasurer’s report that is
incorrect, false or incomplete;
Section 106.08(3)(b), Florida Statutes, failure of a candidate to
return any contribution received after the date the candidate
withdraws, becomes unopposed, is eliminated or elected;
Section 106.11(1), Florida Statutes, prohibiting a candidate from
using the campaign account for any other purpose than depositing
contributions or making expenditures for the candidate;
Section 106.11(3), Florida Statutes, prohibiting a candidate from
incurring an expense for the purchase of goods or services without
sufficient funds on deposit in the primary campaign depository to
pay the full amount of the incurred expenses, to honor all
outstanding checks and to pay all previously authorized but unpaid
expenses;
Section 106.11(3), Florida Statutes, failure of a candidate to pay
for previously incurred expenses for the purchase of goods or
services upon delivery and acceptance of the goods or services;
and
Section 106.19(1)(d), Florida Statutes, prohibiting a person or
organization from making or authorizing any expenditure
prohibited by this chapter.
On July 3, 2001, the staff drafted a Statement of Findings recommending to the
Commission that there was probable cause to believe that Chapter 106, Florida Statutes, was
violated. On July 25, 2001, the Commission entered an Order of Probable Cause finding that
there was probable cause to believe that the Respondent violated Section(s) 104.071(1)(c),
106.143(2), 106.143(4)ca), 106.143(5) on 19 occasions, 106.021(3) on 5 occasions, 106.07(5) on
2 occasions, 106.08(3)(b) on 4 occasions, 106.11(1) on 4 occasions, 106.11(3) on 4 occasions,
106.11(3) on 18 occasions and 106.19(1)(d) on 6 occasions, Florida Statutes. The Respondent
timely requested an informal hearing and was noticed to appear before the Commission on May
9, 2002. At the informal hearing, the staff presented the undisputed facts contained in the
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Statement of Findings. The Respondent appeared through counsel and his son, Mark Zorc, at the
hearing.
FINDINGS OF FACT
1. Complainant was not a candidate in the 2000 election. He is the former chairman
of the Indian River County Republican Party.
2. Respondent was a first-time candidate for Indian River County Commission and
was defeated in the October 3, 2000 run-off election by 70 votes. He is also a local real estate
broker and political activist, Respondent was also the Complainant in four Commission cases,
FEC 00-352, 00-353, 00-354, and 00-355, These cases involved one homeowners’ association
and three political committees that endorsed Respondent’s Opponent and were on the agenda for
the Commission’s May 9 & 10, 2001 meeting.
3. The parties stipulated to the entry of the Statement of Findings into evidence and
the contents contained therein. A copy of the statement of findings is attached as Exhibit “A.”
4. Respondent was cooperative with Commission staff during the investigation.
5. Respondent suffers from a medical condition which may have contributed to his
actions in this case.
6. Respondent has limited financial means. His Financial Affidavit revealed
monthly expenses of $3544 and monthly income of $1771. His only other financial asset is a
small amount of equity in his homestead.
CONCLUSIONS OF LAW
7. The Commission has jurisdiction over the parties to and subject matter of this
cause, pursuant to Section 106.26, Florida Statutes.
8. The Respondent violated Section(s) 104.071 (1)(c), 106.143(2), 106.143(4)(a),
106.143(5) on 19 occasions, 106.021(3) on 5 occasions, 106.07(5) on 2 occasions, 106.08(3)(b)
Faa004 (2/02)
on 4 occasions, 106.1 1(1) on 4 occasions, 106.1 1(3) on 4 occasions, 106.1 1(3) on 18 occasions
and 106.19(1)(d) on 6 occasions, Florida Statutes.
9. The Respondent’s actions were willful within the meaning of Section 106.37,
Florida Statutes. Respondent signed a Statement of Candidate form and was very active in
politics in Indian River County.
ORDER
Based upon the foregoing facts and conclusions of law, the Commission finds that the
Respondent violated Section(s) 104.071(1)(c), 106.143(2), 106.143(4)(a), 106.143(5) on 19
occasions, 106.021(3) on 5 occasions, 106.07(5) on 2 occasions, 106.08(3)(b) on 4 occasions,
106.11(1) on 4 occasions, 106.11(3) on 4 occasions, 106.11(3) on 18 occasions and 106.19(1)(d)
on 6 occasions, Florida Statutes. Therefore, it is
ORDERED that the Respondent shall remit a civil penalty in the amount of $2000. The
civil penalty shall be paid to the Commission, 107 W. Gaines Street, Collins Building, Suite 224,
Tallahassee, Florida 32399-1050. The fine shall be paid in equal payments of $333.33 a month
for six months beginning on July 1, 2002. Respondent’s failure to make a payment to the
Commission by the 5" of each month shall result in the total remaining fine becoming due and
owing.
DONE AND ENTERED by the Florida Elections Commission and filed with the Clerk
of the Commission on May 20, 2002, in Tallahassee, Florida,
hese. Oh Iie fier.
Pi
Susan A, MacManus, Chairman
Florida Elections Commission
107 W. Gaines Street
Collins Building, Suite 224
Tallahassee, FL 32399-1050
Faa004 (2/02)
NOTICE OF RIGHT TO APPEAL Qe 4
Pursuant to Section 120.68, Florida Statutes, the Respondent may ap eal” the
Commission's Final Order to the appropriate district court of appeal by filing a notign f ‘appeal 4
both with the Clerk of the Florida Elections Commission and the Clerk of the distr /ourt, of
appeal. The notice must be filed within 30 days of the date this Final Order was filed and ‘myst
be accompanied by the appropriate filing fee. ar Os
ae s
;
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Copies furnished to:
Eric M. Lipman, Assistant General Counsel
Jack Jordan, Attorney for Respondent (certified mail)
William G. Glynn, Complainant
Indian River County Supervisor of Elections, Filing Officer
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JOHN ROMINE and REBECCA ROMINE,
as parents and natural guardians )
of LOREN ROMINE, a minor,
Petitioners/Appellants, )
vs.
FLORIDA BIRTH-RELATED NEUROLOGICAL )
INJURY COMPENSATION ASSOCIATION )
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
Respondent /Appellee. )
)
Date
06/14/01
08/31/01
01/14/02
01/16/02
01/16/02
01/31/02
01/31/02
04/02/02
04/18/02
INDEX (BY DATE OF FILING)
Petition for Compensation Under the Florida
Birth Related Neurological Injury Compensation
Plan Pursuant to Chapter 766, Florida Statutes ..
Response of Florida Birth Related Neurological
Injury Compensation to Petition for
Compensation...... tee e wenn een e enc ens see e ee eeee
Joint Stipulation of Facts... .. ce cece eee cc eeece
First Supplement to Joint Stipulation of Facts ..
Second Supplement to Joint Stipulation of Facts.
Transcript (1 Volume) ........ cc cece cece cece eee
Joint Exhibit Lew. eee eee eee een enter eeees
Final Order... cece cece ccc e cen ceeeaees
} Case No. 01-2411N
DCA Case No. 5D02-1127
Page
001
ATTACHMENT I
ATTACHMENT I
271
COPIES FURNISHED:
Donald H. Whittemore, Esquire
Phelps, Dunbar LLp
100 South Ashley Drive
Suite 1900
Tampa, Florida 33602
Scott R. McMillen, Esquire
McMillen, Reinhart & Voght, P.A,
111 North Orange Avenue
Suite 1450
Orlando, Florida 32801
Docket for Case No: 01-003999
Issue Date |
Proceedings |
Jun. 07, 2002 |
Final Order filed.
|
Mar. 19, 2002 |
Order Closing File issued. CASE CLOSED.
|
Mar. 18, 2002 |
Motion to Relinquish Jurisdiction for an Informal Hearing (filed by Respondent via facsimile).
|
Mar. 15, 2002 |
Order issued (the parties shall respond to the status of case by 4/1/2002).
|
Mar. 14, 2002 |
Letter to Judge Hooper from J. Jordan updating case status (filed via facsimile).
|
Feb. 08, 2002 |
Order Granting Continuance issued (parties to advise status by March 15, 2002).
|
Jan. 10, 2002 |
Amended Notice of Hearing issued. (hearing set for February 19 through 21, 2002; 9:00 a.m.; Vero Beach, FL, amended as to dates).
|
Jan. 09, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for March 19 through 21, 2002; 9:00 a.m.; Vero Beach, FL).
|
Dec. 28, 2001 |
Opposition to Motion to Continue Final Hearing (filed by Respondent via facsimile).
|
Dec. 27, 2001 |
Petitioner`s Motion for Continuance (filed via facsimile).
|
Nov. 06, 2001 |
Order of Pre-hearing Instructions issued.
|
Nov. 06, 2001 |
Notice of Hearing issued (hearing set for January 14 through 16, 2002; 9:00 a.m.; Sebastian, FL).
|
Oct. 23, 2001 |
Joint Response to Initial Order (filed via facsimile).
|
Oct. 18, 2001 |
Initial Order issued.
|
Oct. 17, 2001 |
Florida Elections Commission Statement of Findings filed.
|
Oct. 17, 2001 |
Order of Proable Cause filed.
|
Oct. 17, 2001 |
Amended Petition for a Formal Hearing filed.
|
Oct. 17, 2001 |
Agency referral filed.
|