Petitioner: FLORIDA ELECTIONS COMMISSION
Respondent: JOHN B. RILEY
Judges: DARREN A. SCHWARTZ
Agency: Florida Elections Commission
Locations: Miami, Florida
Filed: Jan. 31, 2018
Status: Closed
DOAH Final Order on Thursday, May 24, 2018.
Latest Update: Oct. 08, 2019
Summary: Whether Respondent, John B. Riley ("Respondent"), willfully violated sections 106.11(4) and 106.19(1)(d), Florida Statutes (2016), with regard to a check drawn on his campaign account in the amount of $316.00, made payable to the City of Opa-Locka, without sufficient funds on deposit to pay the $316.00 fee to run in a special election for a seat on the City of Opa-Locka City Commission; or willfully violated section 106.07(5) and willfully and knowingly violated section 106.19(1)(c), with regard
Summary: Whether Respondent, John B. Riley ("Respondent"), willfully violated sections 106.11(4) and 106.19(1)(d), Florida Statutes (2016), with regard to a check drawn on his campaign account in the amount of $316.00, made payable to the City of Opa-Locka, without sufficient funds on deposit to pay the $316.00 fee to run in a special election for a seat on the City of Opa-Locka City Commission; or willfully violated section 106.07(5) and willfully and knowingly violated section 106.19(1)(c), with regard to accurately reporting information on his September 12, 2016, M8 Campaign Treasurer's Report ("M8 Report"); and, if so, what civil penalties are appropriate.FEC failed to prove by clear and convincing evidence that Respondent willfully violated campaign finance laws with regard to submission of filing fee check, which was returned for insufficient funds and filing of M8 treasury report.
More
18000513MandateM A N D A T E
from
FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
This case having been brought to the Court, and after due consideration the Court having issued its opinion;
YOU ARE HEREBY COMMANDED that further proceedings, if required, be had in accordance with the opinion of this Court, and with the rules of procedure, and laws of the State of Florida.
WITNESS the Honorable Stephanie W. Ray, Chief Judge, of the District Court of Appeal of Florida, First District, and the seal of said Court at Tallahassee, Florida, on this day.
October 29, 2019
Florida Elections Commission v. John B. Riley
DCA Case No.: 1D18-2613
Lower Tribunal Case No.: 18-0513FEC
gl
Mandate and opinion to: Claudia Llado, Clerk cc: (without attached opinion)
Eric M. Lipman, GC James H. Greason
Stephanie J. Cunningham, AGC
Docket for Case No: 18-000513FEC
| Issue Date |
Proceedings |
|
Jan. 24, 2020 |
Transmittal letter from Claudia Llado forwarding the one-volume Transcript, along with Petitioner and Respondent's Exhibits to the agency.
|
|
Jan. 23, 2020 |
Mandate filed.
|
|
Jan. 23, 2020 |
Opinion filed.
|
|
Oct. 08, 2019 |
BY ORDER OF THE COURT: Appellee's motion for attorney's fees is denied.
|
|
Aug. 03, 2018 |
Index, Record, and Certificate of Record sent to the First District Court of Appeal.
|
|
Jul. 12, 2018 |
Invoice for the record on appeal mailed.
|
|
Jul. 12, 2018 |
Index (of the Record) sent to the parties of record.
|
|
Jun. 22, 2018 |
Acknowledgment of New Case, First DCA Case No. 1D18-2613 filed.
|
|
Jun. 22, 2018 |
Notice of Administrative Appeal filed and Certified copy sent to the First District Court of Appeal this date.
|
|
May 24, 2018 |
Final Order (hearing held April 6, 2018). CASE CLOSED.
|
|
May 16, 2018 |
Respondent's Proposed Final Order filed.
|
|
May 11, 2018 |
Petitioner's Proposed Final Order filed.
|
|
May 01, 2018 |
Notice of Filing Transcript.
|
|
May 01, 2018 |
Transcript of Proceedings (not available for viewing) filed. |
|
Apr. 06, 2018 |
CASE STATUS: Hearing Held. |
|
Apr. 05, 2018 |
Respondent's Notice of Service of Exhibits (Part I) filed.
|
|
Apr. 05, 2018 |
Respondent's Notice of Filing Supplemental Authority filed.
|
|
Apr. 05, 2018 |
Petitioner's Proposed Exhibits (Part II) filed.
|
|
Mar. 30, 2018 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
|
Mar. 30, 2018 |
Joint Pre-hearing Stipulation filed.
|
|
Mar. 30, 2018 |
Notice of Filing Exhibits filed.
|
|
Mar. 22, 2018 |
Order Denying Respondent's Amended Motion to Dismiss for Lack of Subject Matter Jurisdiction.
|
|
Mar. 22, 2018 |
CASE STATUS: Motion Hearing Held. |
|
Mar. 12, 2018 |
Petitioner's Response in Opposition to Respondent's Amended Motion to Dismiss for Lack of Subject Matter Jurisdiction filed.
|
|
Mar. 05, 2018 |
Respondent's Amended Motion to Dismiss for Lack of Subject Matter Jurisdiction and Memorandum of Law filed.
|
|
Feb. 27, 2018 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
|
|
Feb. 27, 2018 |
Petitioner's First Request for Production of Documents filed.
|
|
Feb. 27, 2018 |
Petitioner's First Request for Admissions to Respondent filed.
|
|
Feb. 26, 2018 |
Order Denying Motion to Dismiss for Lack of Jurisdiction.
|
|
Feb. 23, 2018 |
CASE STATUS: Motion Hearing Held. |
|
Feb. 13, 2018 |
Petitioner's Response in Opposition to Respondent's Motion to Dismiss for Lack of Jurisdiction filed.
|
|
Feb. 13, 2018 |
Order of Pre-hearing Instructions.
|
|
Feb. 13, 2018 |
Notice of Hearing by Video Teleconference (hearing set for April 6, 2018; 9:00 a.m.; Miami and Tallahassee, FL).
|
|
Feb. 12, 2018 |
Joint Response to Initial Order filed.
|
|
Feb. 06, 2018 |
Respondent's Motion to Dismiss for Lack of Jurisdiction filed.
|
|
Feb. 05, 2018 |
Initial Order.
|
|
Jan. 31, 2018 |
Order of Probable Cause filed.
|
|
Jan. 31, 2018 |
Request for Formal Hearing in DOAH filed.
|
|
Jan. 31, 2018 |
Respondent's Motion to Dismiss for Lack of Jurisdiction filed.
|
|
Jan. 31, 2018 |
Respondent's Amended Request for Hearing in Division of Administrative Hearings filed.
|
|
Jan. 31, 2018 |
Agency referral filed.
|
Orders for Case No: 18-000513FEC
| Issue Date |
Document |
Summary |
|
Oct. 29, 2019 |
Mandate
|
FEC failed to prove by clear and convincing evidence that Respondent willfully violated campaign finance laws with regard to submission of filing fee check, which was returned for insufficient funds and filing of M8 treasury report.
|
|
Oct. 08, 2019 |
Opinion
|
FEC failed to prove by clear and convincing evidence that Respondent willfully violated campaign finance laws with regard to submission of filing fee check, which was returned for insufficient funds and filing of M8 treasury report.
|
|
May 24, 2018 |
DOAH Final Order
|
FEC failed to prove by clear and convincing evidence that Respondent willfully violated campaign finance laws with regard to submission of filing fee check, which was returned for insufficient funds and filing of M8 treasury report.
|
