) 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 Faa004 (2/02) 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 Faa004 (2/02) 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 Faa004 (2/02) 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 ; Lf Aa /3 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 Faa004 (2/02) 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