FLORIDA ELECTIONS COMMISSION 107 W. Gaines Street, Collins Building, Suite 224 Tallahassee, Florida 32399-1050 (850) 922-4539 June 3, 2005 CERTIFIED MAIL 7004 0750 0004 1618 0955 Michael Pizzi 9058 N.W. 52" Lane Miami Lakes, Florida 33018 RE: Case No.: FEC 04-181 Dear Mr. Pizzi: The Florida Elections Commission at its last regularly scheduled meeting considered the above referenced case and issued the final order that is enclosed. Please read the order carefully. It will indicate the amount of the civil penalty imposed by the Commission and the number of days you have to pay the fine. Please let me know if you have any questions. Sincerely, /bubetn Ayllacim Barbara M. Linthicum Executive Director Enclosure: Final Order cc: Angela Garrison, Complainant Ay Clerk, Filing Officer ivision of Administrative Hearings Faa016 (1/98) STATE OF FLORIDA 03 FLORIDA ELECTIONS COMMISSION : cA = 3oP i 229 A FLORIDA ELECTIONS COMMISSION, PETITIONER, AGENCY CASE No.: FEC 04-181 v. F.O. No.: DOSFEC 05-144 MICHAEL PIzZI, EZ PS C RESPONDENT. i) =) C | Le FINAL ORDER THIS CAUSE came on to be heard at an informal hearing held before the Florida Elections Commission (Commission) on May 19, 2005, in Tallahassee, Florida. APPEARANCES For Commission —_ Eric Lipman Assistant General Counsel 107 W. Gaines Street Collins Building, Suite 224 Tallahassee, FL 32399 For Respondent Michael Pizzi 9058 NW 52™ Lane Miami Lakes, FL 33018 STATEMENT OF THE ISSUE Whether the Respondent violated Section 106.07(5), Florida Statutes, when he certified that his campaign reports were true, correct, and complete when they were not. PRELIMINARY STATEMENT On June 10, 2004, the Commission received a sworn 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 Florida Election Code. Faa004 (8/03) On November 3, 2004, the staff drafted a Statement of Findings recommending to the Commission that there was probable cause to believe that The Florida Election Code was violated. On December 3, 2004, the Commission entered an Order of Probable Cause finding that there was probable cause to charge the Respondent with the following violations: Count 1: On or about September 6, 2002, Respondent violated Section 106.07(5), Florida Statutes, by certifying to the correctness of his 2002 R1 Campaign Treasurer’s Report that was incorrect, false or incomplete when Respondent failed to report the occupations of the people contributing over $100, and failed to report the complete addresses of entities to whom campaign expenditures were made. Count 2: Between September 6, 2002 and January 6, 2003, Respondent violated Section 106.07(5), Florida Statutes, by certifying to the correctness of his second R1 Campaign Treasurer’s Report that was incorrect, false or incomplete, when Respondent failed to report the complete addresses of people and entities to whom the campaign made expenditures. Count 3: On or about September 23, 2002, Respondent violated Section 106.07(5), Florida Statutes, by certifying to the correctness of his 2002 R2 Campaign Treasurer’s Report that was incorrect, false, or incomplete, when Respondent incorrectly reported a $1882 expenditure to Best Printing that was not made during the time period covered by the report. Count 4: On or about October 4, 2002, Respondent violated Section 106.07(5), Florida Statutes, by certifying to the correctness of his 2002 R3 Campaign Treasurer’s Report that was incorrect, false, or incomplete when Respondent failed to list the transaction date and complete addresses for each financial transaction, and failed to report a September 15, 2002 expenditure to Best Printing. Count 5: On or about December 31, 2002, Respondent violated Section 106.07(5), Florida Statutes, by certifying to the correctness of his Faa00d (5/05) 2 Termination Report that was incorrect, false, or incomplete, when Respondent failed to list a September 15, 2002 expenditure to Best Printing for $1882, and failed to list the full addresses for three campaign expenditures. Respondent timely requested an informal hearing and was noticed to appear before the Commission on May 19, 2005. At the informal hearing, the staff presented the undisputed facts contained in the Statement of Findings. The Respondent appeared at the hearing. FINDINGS OF FACT 1. Respondent, Michael Pizzi, was elected without opposition to the Miami Lakes Town Council, Area Two, in 2001. Respondent was reelected in 2002 for a four-year term. Respondent has been a member of the Florida Bar since 1996. 2. Complainant, Angela Garrison, was Respondent’s opponent in the 2002 election. 3. Respondent appointed himself as his campaign treasurer and did not appoint a deputy treasurer. During the campaign, Respondent filed the required periodic reports of his campaign’s financial activity. Respondent certified that each CTR and each amended CTR was true, correct, and complete. Five of Respondent’s CTRs were deficient as explained in the following table: MISSING AND INCORRECT INFORMATION ON RESPONDENT’S CTRS — _ : 2002 REPORTING MISSING INFORMATION INCORRECT OR INCOMPLETE PERIOD | INFORMATION 07-01-02 to 08-30-02 | ¢ Occupations of 8 contributors who gave over e Incorrectly reported a $253.37 R1-Original $100 not reported. expenditure to “Campaign Event” 8 e Addresses for all 9 expenditures not listed. with a purpose of Refreshments. 07-01-02 to 08-30-02 | ¢ Addresses for all 9 expenditures not listed Ri-Second Report (Amended Report) 08-31-02 to 09-13-02 © Reported a 09-15-02 expenditure to Best Printing for $1882 on this report, when the expenditure should have been listed and reported on the R3 report. R2-Original 09-14-02 to 10-03-02 | e Reported the 09-15-02 expenditure to Best = J Faa004 (5/05) 3 R3-Original Printing for $1882 on this report and reported it on R2 report instead. ¢ Dates of all 3 expenditures on the CTR are missing. Addresses of 2 entites to which expenditures were made not reported (to the Miami Laker for $290 and Charnber of Commerce for $160). e All 3 contributions are missing the contribution date and contributor’s address. 10-04-02 to 12-31-02 | ¢ The full address for two expenditures made to US Post Office on 10-04-02. ¢ Respondent donated excess contributions after winning the election to Miami Lakes Mudcats pursuant to §106.141, F.S. No address was provided for the Miami Lakes Mudcats. * Respondent had $3.42 in his campaign report at the time he filed his TR. Therefore, when Respondent’s disposition of this money was not reported. Original Termination Report 4. When Respondent filed his second R1 report adding contributor’s occupations he originally omitted, Respondent failed to provide the address of even one person or entity whose address he failed to list on his original 2002 R1 report. Respondent said that if a member of the public wants to know the full address or transaction date of an item listed on a CTR, then the member of the public can make the proper inquiries to obtain the information. 5. Respondent also repeatedly claimed that he would have provided the missing information if the Town Clerk or Complainant had requested the information. There are notes and other correspondence in Respondent’s campaign file in the Town Clerk’s office indicating several contacts between Respondent and the Town Clerk’s Office about CTR deficiencies or filing amended reports. 6. Respondent is a member of the Florida Bar and has been licensed to practice law in Florida for more than eight years. Respondent was a candidate for the Miami Lakes Town Council on two occasions in two years. Respondent signed a Statement of Candidate form on December 6, 2000 and July 15, 2002, acknowledging that he received, read and understood the requirements of Chapter 106, Florida Statutes. Faa004 (5/05) 4 7. In her June 28, 2004 affidavit, Beatris M. Arguelles,' the Miami Lakes Town Clerk during the 2002 election cycle, testified that on or near June 25, 2002, Respondent was provided with the following: a copy of Chapter 106, Florida Statutes; a 2002 Candidate and Campaign Treasurer Handbook, a copy of the Florida Constitution; a political advertisement and disclaimer supplement; and the Calendar of Election Dates. 8. Prior to the October 8, 2002 Election, Respondent was provided with the 2002 Handbook for Treasurers, a Form 1 Statement of Financial Interests, and other campaign related documents. The two Division of Elections’ handbooks provide specific information about reporting requirements. 9. Ms. Arguelles, stated that she informed all the municipal candidates that they could call upon her as a resource for election related questions. If Ms. Arguelles was unable to answer a candidate’s question, she would contact the Metro-Dade Supervisor of Elections Office, or some other resource to find an answer for the candidate. CONCLUSIONS OF LAW 10. The Commission has jurisdiction over the parties to and subject matter of this cause, pursuant to Section 106.26, Florida Statutes. 11. The Respondent willfully committed five counts of violating Section 106.07(5), Florida Statutes, when he certified that his 2002 R1, Second R1, R2, R3 and Termination reports were true, correct, and complete when they were not. 12. Respondent’s conduct was willful. His reporting responsibilities are clear and unambiguous. Section 106.07(5), Florida Statutes, compels every candidate to report the complete address of each person and entity for whom the campaign makes expenditures, the complete address of the person making each campaign contribution and the date of the Ms. Arguelles transferred to another department within the Town of Miami Lakes in September 2004. Faa004 (5/05) 5 transaction. Respondent’s lack of compliance was knowing or in reckless disregard of his legal obligations as a candidate for public office. 13. In determining the amount of the civil penalty, the Commission considered the mitigating and aggravating circumstances set forth in Section 106.265, Florida Statutes. 14, Respondent has sufficient financial resources to pay the fine imposed by the Commission. ORDER WHEREFORE the Commission finds that Respondent has violated Section 106.07(5), Florida Statutes, on five occasions. Respondent is fined $50 for each of the five counts for a total of $250. Therefore, it is ORDERED that Respondent shall remit a civil penalty in the amount of $250. The civil penalty shall be paid to the Florida Elections Commission, 107 W. Gaines Street, Collins Building, Suite 224, Tallahassee, Florida, 32399-1050, within 30 days of the date this Final Order is received by Respondent. DONE AND ENTERED by the Florida Elections Commission and filed with the Clerk of the Commission on June 3, 2005, in Tallahassee, Florida. MVoaree ~Onvins) Chance Irvine, Chairman Florida Elections Commission NOTICE OF RIGHT TO APPEAL Pursuant to Section 120.68, Florida Statutes, the Respondent may appeal the Commission's Final Order to the appropriate district court of appeal by filing a notice of appeal both with the Clerk of the Florida Elections Commission and the Clerk of the district court of appeal. The notice must be filed within 30 days of the date this Final Order was filed and must be accompanied by the appropriate filing fee. Faa004 (5/05) 6 Copies furnished to: Eric Lipman, Assistant General Counsel Michael Pizzi, Respondent (certified mail) Angela Garrison, Complainant City Clerk, Filing Officer Faa004 (5/05)

Docket for Case No: 05-000164