AH 9, FLORIDA ELECTIONS COMMISSION 4 wll Lo j, 9: 07 107 W. Gaines Street LTS Hf Ope Collins Building, Suite 224 : WAP Hid Tye Tallahassee, Florida 32399-1050 bs Ronald G. Meyer Meyer and Brooks, P.A. 2544 Blairstone Pines Drive Tallahassee, Florida 32302 RE: Case No.: FEC 02-197 Dear Mr. Meyer: (850) 922-4539 December 2, 2005 The Florida Elections Commission at its last regularly scheduled meeting reviewed and voted to approve the Consent Order agreed to by the Respondent and Commission staff. T have enclosed for your records a copy the Consent Order signed by the Chairman. The Commission appreciates your cooperation and now considers this case closed. I would also like to add my appreciation for the cooperative manner in which this case was resolved. Please let me know if you have any questions or if I can be of any further assistance. Enclosure: Consent Order Sincerely, Jlabara. 777. Ben Chediom Barbara M. Linthicum Executive Director ce: QPEC, Respondent w/out enclosure jchard Coates, Attorney for Complainant ivision of Administrative Hearings Dept. of State, Division of Elections, Filing Officer Fan025 (5/03) STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION FLORIDA EDUCATION ASSOCIATION QUALITY PUBLIC EDUCATION CORPORATION, INC., Petitioner, vs. DOAH Case No.: 03-2684 Agency Case No.: FEC 02-197 DOSFEC# 05-208 FLORIDA ELECTIONS COMMISSION, Respondent. FINAL ORDER THIS CAUSE came before the Florida Elections Commission at its November 17-18, 2005, meeting. The Commission has considered and approved the stipulation of the parties in the above-styled cause. IT IS THEREFORE ORDERED that the Commission accepts and adopts the terms of the Settlement Agreement as its final agency action in this matter. The charges contained in the Order of Probable Cause entered on May 30, 2003, are hereby dismissed with prejudice. The parties shall comply with the terms contained in the Settlement Agreement. Approved by the Florida Elections Commission at its regularly scheduled meeting held on November 17-18, 2005, at Tallahassee, Florida and filed with the Clerk of the Commission on wis 2 aay of _Ontember 2005, 3 Tallahassee, Florida. Copies Furnished To: Charles A. Finkel, General Counsel Florida Elections Commission Ronald G. Meyer, Esquire Attorney for Petitioner QPEC Secretary of State, Division of Elections, filing off Chance Opera, in CHANCE IRVINE, CHAIRMAN Florida Elections Commission 107 West Gaines Street Collins Building, Suite 224 Tallahassee, Florida 32399-1050 ficer STATE OF FLORIDA ova FLORIDA ELECTIONS COMMISSION 517716 FLORIDA EDUCATION ASSOCIATION A QUALITY PUBLIC EDUCATION ~ ath CORPORATION, INC., Bo 7 ee ee \ N mea Ot Petitioner, ss GS, Zz pe) Se aes ‘ 2 Vv. FLORIDA ELECTIONS COMMISSION, at DOAH Case No.: 03-268#"“S Agency Case No.: FEC 02-1 DOSFEC#"05~208 Respondent. SETTLEMENT AGREEMENT The Petitioner, Florida Education Association Quality Public Education Corporation, Inc. (QPEC), and the Florida Elections Commission (Commission) agree to settlement and final resolution of all of the issues between the parties in the above-styled case. The parties jointly stipulate to the following: 1. The Petitioner QPEC, is a tax exempt Florida corporation pursuant.to Section 527, of the Internal Revenue Code, as amended. 2. QPEC in July, 2002, disseminated a television advertisement which mentioned Bill McBride, a candidate for Governor. 3. On May 5, 2003, Commission staff drafted a Statement of Findings recommending that there was probable cause to believe that Petitioner violated the Florida Election Code. 4. On May 30, 2003, the Commission entered an Order of Probable Cause finding that there was probable cause to charge the Petitioner with one count each of violating Section 106.08(1), Florida Statutes, prohibiting a person from making contributions to a candidate in excess of $500 for each election, and Section 106.03(1), Florida Statutes, failure of a political comunittee to file a statement of organization. 5. The Petitioner requested a formal hearing before the Division of Administrative Hearings within 30 days of receiving the Order of Probable Cause. 6. The Petitioner denied many of the facts alleged and disputed the Commission’s legal conclusions. 7. The Petitioner and the Commission agree to settle this action as follows: a. Petitioner and Respondent shall jointly move to have the Division of Administrative Hearings (DOAH) temporarily relinquish jurisdiction to the Commission. As part of the joint motion, each party shall withdraw its motion for attorneys’ fees requested pursuant to Section 57.105, Florida Statutes. b. Upon DOAH relinquishing jurisdiction to the Commission, the parties will file this agreement which shall constitute a joint motion to the Commission to dismiss all charges in the Order of Probable Cause dated May 30, 2003, herein, with prejudice, thereby terminating all further proceedings before the Commission. c. Each party hereto acknowledges and warrants that the benefits received by that party under this Settlement Agreement constitute sufficient and adequate consideration for the party’s obligations undertaken under this Settlement Agreement. d. QPEC agrees to release and hold harmless the State of Florida and the Commission, and its respective representatives, employees and agents, from any and all claims, costs, attorneys’ fees, or damages that may arise as a result of the investigation, entry of the Order of Probable Cause, and subsequent prosecution of this case up to the date of acceptance of this Agreement by the Commission. e. Neither party is or shall be responsible for payment of the other party’s attorneys’ fees or costs associated with this case. 8. The settlement of this case does not constitute an admission of wrongdoing by any of the parties in this cause. 9. The Petitioner and the Commission have entered into this Settlement Agreement voluntarily and upon advice of counsel. 10. ‘The Petitioner understands that before the Settlement Agreement becomes final agency action, the Commission must approve it at a public meeting. After approval, the Order of the Commission shall constitute final agency action of the Commission on the Order of Probable Cause in FEC 02-197. 11. The Petitioner voluntarily waives the right to any further proceedings under Chapters 104, 106, and 120, Florida Statutes, and the right to appeal the Order. 12.‘ The terms of this Settlement Agreement shall become binding on the parties upon the Commission’s approval. In the event the Settlement Agreement is not approved by the Commission, the parties agree that the matter will be transferred back to the Division of Administrative Hearings for trial on all issues, including parties’ claims for attorneys’ fees and this agreement shall have no force and effect and shall not constitute evidence in any future proceedings. The Petitioner hereby agrees and consents to the terms of this Settlement Agreement on this Ui Raay of September, 2005. FEA QPEC, INC. MEYER AND BROOKS, P.A. 213 South Adams Street 2544 Blairstone Pines Drive Tallahassee, Florida 32301 Post Office Box 1547 Tallahassee, Florida 32302 (850) 878-5212 By: ~rdy SeO | By: / RONALD G. MEYER President Florida Bar No. 0148248 ATTORNEY FOR PETITIONER The Commission staff counsel hereby agrees and consents to the terms of this Settlement a Bite Agreement and Order this 23 day of Goes 2005. ah (f- CHARLES A. FINKEL General Counsel Florida Elections Commission 107 West Gaines Street Collins Building, Suite 224 Tallahassee, Florida 32399-1050

Docket for Case No: 03-002684