for) “et FLORIDA ELECTIONS COMMISSION as 107 W. Gaines Street Be Ce Collins Building, Suite 224 A, ‘yf Tallahassee, Florida 32399-1050 REO, » w (850) 922-4539 Bee, me % Sn ©) Boy Geol ee DE % December 2, 2005 a Robert Augustus Harper Harper & Harper Law Firm, P.A. 325 W. Park Avenue Tallahassee, Florida 32301-1413 RE: Case No.: FEC 02-196 Dear Mr. Harper: 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. Sincerely, Barbara M. Linthicum Executive Director Enclosure: Consent Order ce: Bill McBride, Respondent w/out enclosure Jeeta Coates, Attorney for Complainant ivision of Administrative Hearings Dept. of State, Division of Elections, Filing Officer FaaQ25 (5/03) IN THE FLORIDA ELECTIONS COMMISSION STATE OF FLORIDA — BILL McBRIDE, Petitioner, Case No. 03-2685 < . FEC Case No. 02-196 v. DOSFEC# 05-207 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 foregoing stipulation of the parties. . 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 foregoing 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 Q November, 2005, in Tallahassee, Florida. \ Cerenvec Chance avin CHANCE IRVINE, CHATRMAN Copies Furnished To: Charles A. Finkel, General Counsel Florida Elections Commission Robert Augustus Harper, Esquire Attorney for Petitioner McBride Florida Elections Commission 107 West Gaines Street Collins Building, Suite 224 Tallahassee, Florida 32399-1050 Secretary of State, Division of Elections, filing officer IN THE FLORIDA ELECTIONS COMMISSION Q5BEC-2 BHIO: 37 Fi if fii \ Co i SSG STATE OF FLORIDA BILL McBRIDE, ; : fos) iti on . Petitioner, Case No. 03-2685 > Qc v FEC Case No. 02-196 | Bqo 2 oem, ; DOSFEC# 05-207 ge } ft See Om FLORIDA ELECTIONS COMMISSION, BAe. Eon n Respondent. SETTLEMENT AGREEMENT The Petitioner, Bill McBride, and the Florida Elections Commission (Commission) agree 1. 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: QPEC in July, 2002, disseminated a television advertisement which mentioned Bill McBride, a candidate for Governor. 2 On. April 29, 2003, Commission staff drafted a Statement of Findings Election Code. 3. recommending that there was probable cause to believe that Petitioner violated the Florida 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 of violating Section 106.19(1)(a) Florida Statutes, prohibiting a candidate from receiving contributions in excess of $500. 4. The Petitioner requested a formal hearing before the Division of Administrative Hearings within 30 days of receiving the Order of Probable Cause. 7 5. The Petitioner denied many of the facts alleged and disputed the Commission’s . gy legal conclusions, and affirmatively alleged good faith reliance on the advice of campaign counsel and good faith reliance on statutory legislative history. 6. The Petitioner and 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, Petitioner shall abandon his intent to seek Fla. Stat. §57.105 attorneys’ fees. 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 charges in the Order of Probable Cause dated May 30, 2003, with prejudice, thereby terminating all further proceedings. 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. Petitioner 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 and entry of the Order of Probable Cause, and subsequent prosecution of this case up to the date of acceptance of the 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. 7. The settlement of this case does not constitute an admission of wrongdoing by any of the parties in this cause. . yn RAH 8. The Petitioner and the Commission have entered into this Settlement Agreement voluntarily and upon advice of counsel. 9. 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 02-196. 10. 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. 11. 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 the 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 Zot h, October, 2005. Respectfully submitted, WT QQaai\N\' WILLIAM H. MCBRIDE Barnett, Bolt, Kirkwood & McBrid Harper & Harper‘Law Firm, P.A. 601 Bayshore Blvd. 325 West Park Avenue Suite 700 Tallahassee, Florida 32301-1413 Tampa, Florida 33606 (850) 224-5900/fax (850) 224-9800 (813)253-2020 FL Bar No. 127600/GA Bar No. 328360 Ss The Commission staff cqunsel hereby agrees and consents to the terms of this Settlement Agreement and Order on 95 October, 2005. CHARLES A. OAL General Counsel Florida Elections Commission 107 East Gaines Street, Suite 224 Tallahassee, FL 32399-0150 (850) 922-4539 FL Bar No. 99390

Docket for Case No: 03-002685