The Issue Whether Petitioner is entitled to costs and reasonable attorney’s fees pursuant to section 106.265(6), Florida Statutes (2016),1/ and Florida Administrative Code Rule 2B-1.0045.
Findings Of Fact Linda Yates is an elected member of the city commission for North Port, Florida. Ms. Yates was first elected to the North Port city commission in 2010, and was re-elected to the same office in 2014. On August 22, 2016, Kathy Schure, who at all times relevant hereto was a resident of the City of North Port, filed a Complaint with the Elections Commission alleging, in material part, the following: Sunshine Law and Ethics Violations by City of North Port Commissioner Linda M. Yates covering the period June 1, 2012 to July 20, 2016. * * * This writing is to bring a formal complaint and a request for investigation into illegal and unethical activity of Commissioner Linda M. Yates through the use [of] personal email servers, Tor Browsers, relay internet list servers, and intermediaries to knowingly violate FL 286 – Open Meetings Law and FL 119 – Florida Public Records Law. Additionally, Commissioner Jacqueline Moore appears to have participated in “secret meetings and communications” with Commissioner Yates as recipient of emails and texts directly and through intermediaries. On the complaint form, Ms. Schure identified Ms. Yates as a “candidate” for the city commission for the City of North Port. Although Ms. Yates was a member of the city commission on August 22, 2016, she was not a candidate for this office as noted by Ms. Schure in the Complaint. The complaint form used by Ms. Schure to assert her allegations against Ms. Yates directs the complainant (Ms. Schure) to “[p]lease list the provisions The Florida Elections Code that you believe the person named above may have violated [and that] [t]he Commission has jurisdiction only to investigation [sic] . . . Chapter 104, Chapter 106, and Section 105.071, Florida Statutes.” The Complaint filed by Ms. Schure makes no reference to chapter 104, chapter 106 or section 105.071. The Complaint does, however, reference chapters 286 and 119, Florida Statutes, and case law dealing with Florida’s open government laws.2/ By correspondence dated August 25, 2016, the Elections Commission informed Ms. Yates that Ms. Schure filed a complaint against her and that she had “14 days after receipt of the complaint to file an initial response,” and that the Elections Commission would “not determine the legal sufficiency of the complaint” until expiration of the referenced 14-day response period. On August 28, 2016, Ms. Yates hired Douglas A. Daniels, Esquire, an attorney in good standing with The Florida Bar, to represent her before the Elections Commission. Mr. Daniels charged Ms. Yates $400.00 per hour for work related to the Complaint filed by Ms. Schure. By correspondence dated October 20, 2016, the Elections Commission informed Ms. Schure of the following: The Florida Elections Commission has received your complaint alleging violations of Florida’s election laws. I have reviewed your complaint and find it to be legally insufficient. This complaint was received by the Florida Elections Commission on August 22, 2016. The cover page, which was an FEC complaint form, named Linda Yates as the Respondent. Attached to the complaint form was [a] second complaint form indicating a different Respondent (Jacqueline Moore), as well as a narrative of the allegations against Ms. Yates. You did not indicate anywhere in the documents that you intended to file two complaints, so the Commission accepted the entire document as a complaint against Respondent Linda Yates. The essential allegations of your complaint are that Respondent violated Florida’s open meetings and public records laws, Chapter 286 and 119, Florida Statutes, respectively. The jurisdiction of the Florida Elections Commission is limited to alleged violations of Chapter 104 and 106, Florida Statutes. As such, I find your complaint to be legally insufficient. If you have additional information to correct the stated grounds(s) of insufficiency, please submit it within 14 days of the date of this letter. If we do not receive additional information that corrects the stated grounds of insufficiency, this case will be closed. For your convenience, enclosed is a form for your use in submitting additional information. If you submit an additional statement containing facts, you must sign the statement and have your signature notarized. In addition, any additional facts you submit to the Commission must be based on either personal information or information other than hearsay. Ms. Schure offered no additional information in support of her allegations and the Elections Commission, by correspondence dated December 30, 2016, informed Ms. Yates that the Complaint was dismissed due to legal insufficiency.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Elections Commission enter a final order denying the Petition for Costs and Attorney’s Fees. DONE AND ENTERED this 7th day of August, 2017, in Tallahassee, Leon County, Florida. S LINZIE F. BOGAN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 7th day of August, 2017.
Findings Of Fact Respondent's Motion to Dismiss for Lack of Jurisdiction asserts that Petitioner was never an employee of Florida Crown and that Petitioner conceded this in attachments to her Petition for Relief. During the telephone motion hearing, Petitioner acknowledged that she was not employed by Florida Crown. Therefore, as a matter of fact, no employer-employee relationship existed between the parties.
Recommendation Based on the foregoing, it is RECOMMENDED: That the Florida Commission on Human Relations enter a final order dismissing Petitioner's Complaint of Discrimination. With this disposition, the Final Hearing in this case scheduled for May 5 and 6, 2006, is cancelled, and the file of the Division of Administrative Hearings is hereby closed. DONE AND ENTERED this 23rd day of March, 2006, in Tallahassee, Leon County, Florida. S BARBARA J. STAROS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 23rd day of March, 2006. COPIES FURNISHED: Marcy S. Kelly Post Office Box 3003 Lake City, Florida 32056 Thomas W. Brown, Esquire Brannon, Brown, Haley & Bullock, P.A. Post Office 1029 Lake City, Florida 32056-2029 Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway Tallahassee, Florida 32301
Conclusions The Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation (the Division), after consideration of the complete record of this case on file with the Division, enters this Final Order. 1. On July 24, 2013, the Department issued an Administrative Complaint, a copy of which is attached as Exhibit wie, 2. On October 1, 2013, a hearing in this cause was held before the Honorable Suzanne Van Wyk, Administrative Law Judge, Division of Administrative Hearings. 3. On December 11, 2013, the Honorable Suzanne Van Wyk issued a Recommended Order, a copy of which is attached as Exhibit "2". The Statement of the Issues, Preliminary Statement, Filed January 6, 2014 1:48 PM Division of Administrative Hearings Findings of Fact, Conclusions of Law, and Recommendation contained in the Recommended Order are hereby adopted in toto and incorporated herein by reference. Based upon the foregoing, and being otherwise fully advised in the premises it is, hereby ORDERED that: for Respondent's violations of Section 509, Florida Statutes, and/or the rules promulgated thereto the following penalty is imposed: 1. Respondent shall pay a fine in the amount of $100.00, due and payable to the Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011, within thirty (30) calendar days of the date this Order is filed with the Agency Clerk. 2. This Final Order shall become effective on the date of filing with the Agency Clerk. DONE AND ORDERED this 3st day of “Pecen Axe , 20/3. Bele Wer fp Dusan S, Weep Diann S. Wordéalla, Director Department of Business and Professional Regulation Division of Hotels and Restaurants 1940 North Monroe Street Tallahassee, Florida 32399-1015
Other Judicial Opinions A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Section 120.68, Florida Statutes. Review proceedings are governed by Rules 9.110 and 9.190, Florida Rules of Appellate Procedure. Such proceedings are commenced by filing one copy of a Notice of Appeal with the Department of Business and Professional Regulation, Attn: Ronda L. Bryan, Agency Clerk, 1940 North Monroe Street, Suite 92, Tallahassee, Florida 32399-2202 and a second copy, accompanied by the filing fees prescribed by law, with the District Court of Appeal, First District, or with the District Court of Appeal in the Florida Appellate District where the party resides. The Notice of Appeal must be filed within thirty (30) days of rendition of the order to be reviewed. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Certified U.S. Mail to Holland Apartments, c/o Cindy Holland, 162 Rainbow Drive, Fort Walton Beach, Florida 32548; by regular U.S. Mail to the Honorable Suzanne Van Wyk, Administrative Law Judge, Division of Administrative Hearings, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060; and by hand delivery to Marc Drexler, Chief Attorney, Division of Hotels and Restaurants, Department of Business and Professional Regulations, 1940 North Monroe Street, Tallahassee, Florida 32399-2202, this Go day of anvary , 2014 For the Division of Hotels | Hotels and Restaurants “Certified Article Number | oy 71596 4008 9411 516 1790 SENDERS RECORD.“ cory
The Issue Whether the Respondent's real estate broker's license should be disciplined based upon the allegations that Respondent was guilty of fraud, misrepresentation, concealment, false pretenses, dishonest dealing by trick, scheme, or device, culpable negligence or breach of trust in a business transaction in violation of Section 475.25(1)(b) Florida Statutes.
Findings Of Fact Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular Section 20.165, Florida Statutes, Chapters 120, 455 and 475, Florida Statutes, and the rules promulgated pursuant thereto. Respondent David William Tricker is now and was at all times material hereto a licensed real estate broker in the State of Florida having been issued license number 0270690 in accordance with Chapter 475, Florida Statutes. The last license issued to the Respondent was as a broker in care of Florida Country Clubs International, Inc., 555 Estates Place, Longwood, Florida, 32779, a Florida corporation. Respondent became the broker for Henro, Inc. (hereinafter Henro) and Henro Realty, Inc. early in 1993 and served until approximately October 21, 1993, when Respondent submitted his letter of resignation to the Florida Real Estate Commission ("FREC"). The Henro companies were owned by a British couple, David and Marion Moth, who also did business in the United Kingdom as Henro Land Leisure Limited. On or about July 8, 1993, Henro negotiated a verbal contract with Gilman Pool Services to maintain and provide pool cleaning services at homes managed by Henro on behalf of its owners. The contract was followed up with a letter dated the same date from Henro and signed by Marion Moth, as vice president. The fee for the service was $65.00 per month for each pool cleaned. Payment terms were to be on 30-day invoice. Heather and Peter Shimmin operated the pool service, and relied upon Henro to pay them for their services. There was no clear and convincing evidence that the Shimmins relied upon Respondent to pay them for their services, or that Respondent was aware of this contract between Gilman Pool Services and Henro. The July 1993 bill to Henro was $5,227.40. On September 1, 1993, Henro issued check #2123 in the amount of $5,227.40 to Gilman Pool Services. This check did not clear and was later made good by Henro by payment in cash to Gilman Pool Service. The August 1993 bill was in the amount of $6,352.36 was not paid. The September, 1993 bill, which amounted to $5,887.00 and the October, 1993 partial bill in the amount of $1,595.00 remains due, owing and unpaid. On October 31, 1993, Henro went out of business. At the time Henro closed, Henro owed Gilman Pool Services $13,061.76, in unpaid maintenance and pool cleaning services. Gilman Pool Services made no demand upon Respondent for past due invoices. The testimony of the witness, Hal Klein, was not credible.
Recommendation Based on the foregoing, it is RECOMMENDED that the Florida Real Estate Commission issue and file a Final Order finding the Respondent not guilty of violating Subsections 475.25(1)(b), Florida Statutes, and DISMISSING the Administrative Complaint. DONE and ENTERED this 1st day of December, 1994, in Tallahassee, Florida. DANIEL M. KILBRIDE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of December, 1994. APPENDIX The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on proposed findings of fact submitted by the parties. Petitioner's proposed findings of fact. Accepted in substance: paragraphs 1, 2, 3(in part), 4(in part), 5(in part), 6, 7, 8, 9, 10(in part). Rejected as against the greater weight of credible evidence: paragraphs 3(in part), 4(in part), 5(in part),10(in part), 11, 12. Respondent's proposed findings of fact. Accepted in substance: paragraphs 1, 2, 3(in part), 4, 5, 6, 7, 8, 9, 10, 11, 12(in part). Rejected as against the greater weight of evidence: paragraph 3(in part). Rejected as argument: paragraph 12. COPIES FURNISHED: Jack McRay, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Darlene F. Keller Division Director Department of Business and Professional Regulation Division of Real Estate Post Office Box 1900 Orlando, Florida 32802-1900 Steven W. Johnson, Esquire Senior Attorney Florida Department of Business and Professional Regulation Division of Real Estate Legal Section - Suite N 308 Hurston Building North Tower 400 West Robinson Street Orlando, Florida 32801-1772 David W. Tricker (pro se) 555 Estates Place Longwood, Florida Stephen T. Ball, Esquire Maguire, Voorhis & Wells, P.A. Two South Orange Plaza Post Office Box 633 Orlando, Florida 32802-0633
The Issue What is the appropriate fine for Respondent's 17 violations of Chapter 106, Florida Statutes (1999)?
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following findings of facts are made: Respondent is an elected public official, a State of Florida State Senator; violations of the Florida Elections Law during his election to that high office triggered this case. He has been a state legislator for more than a decade. The Third District Court of Appeal remanded the original case for reconsideration of the penalty after affirming Respondent's 17 violations of Chapter 106, Florida Statutes (1999). The 17 violations affirmed by the Third District Court of Appeal are: two violations of Subsection 106.07(5), Florida Statutes (1999), for certifying as correct, an incorrect campaign treasurer's report; four violations of Subsection 106.19(1)(b), Florida Statutes, for failing to report four personal loans (contributions) to his campaign; five violations of Subsection 106.143(1), Florida Statutes, for advertisements without disclaimers; five violations of Subsection 106.132(2), Florida Statutes, for advertisements that did not contain a party affiliation; one violation of Subsection 106.143(4)(a), Florida Statutes, for failure to state that the candidate approved the campaign advertisement. Respondent's current employment is that of a Florida state senator. His direct income from that employment is $29,916. He receives additional payments from the State of Florida in the form of reimbursements for travel, per diem, and other approved expenses related to his official position. Respondent enjoys a remarkable lifestyle. He owns two homes, one in Miami and the other in Tallahassee. Recently married, the Tallahassee home is jointly-owned with his wife and was purchased for $795,000. While the Miami home was owned by Respondent, individually, prior to the marriage, it is now jointly-owned. The change in title to the Miami home may be the result of refinancing subsequent to his marriage. Respondent leases a Lexus automobile; the monthly lease cost is $755. Respondent maintains a Schwab investment account to which he contributes $150 monthly. In August 2005, the account had a value of approximately $7,200. Respondent maintains an American Express credit card account, jointly with his wife, that had a balance due of $61,000 during the time of the hearings. In September 2004, Respondent loaned his legislative aide $15,000, which at the time of the hearings remained un- repaid. In May 2005, Respondent refinanced his Miami home, which he valued at $210,000 on his 2004 Form 6, for $384,300. At the time of the hearings, Respondent had funds on deposit in Sunshine State Credit Union and Washington Mutual Bank of approximately $3,800. Respondent's personal living expenses exceed his stated income. No reasonable explanation has been offered for his ability to maintain his lifestyle. Respondent's net worth will allow him to pay any fine appropriate for the 17 violations of law affirmed by the Third District Court of Appeal. Respondent had previously violated Subsection 106.57(5), Florida Statutes (1999).
Conclusions For Petitioner: Eric M. Lipman, Esquire Florida Elections Commission Collins Building, Suite 224 107 West Gaines Street Tallahassee, Florida 32399-1050 For Respondent: Mark Herron, Esquire Messer, Caparello & Self, P.A. Post Office Box 1876 Tallahassee, Florida 32302-1876 Benedict P. Kuehne, Esquire Sale & Kuehne, P.A. BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, Florida 33131-2154
Recommendation Based on the forgoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Election Commission impose a penalty of $8,750 on Respondent, Senator Alex Diaz de la Portilla. DONE AND ENTERED this 6th day of January, 2006, in Tallahassee, Leon County, Florida. S JEFF B. CLARK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 6th day of January, 2006. COPIES FURNISHED: Mark Herron, Esquire Messer, Caparello & Self, P.A. Post Office Box 1876 Tallahassee, Florida 32302-1876 Eric M. Lipman, Esquire Florida Elections Commission Collins Building, Suite 224 107 West Gaines Street Tallahassee, Florida 32399-1050 Benedict P. Kuehne, Esquire Sale & Kuehne, P.A. BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, Florida 33131-2154 Barbara M. Linthicum, Executive Director Florida Elections Commission The Collins Building, Suite 224 107 West Gaines Street Tallahassee, Florida 32399-1050 Patsy Rushing, Clerk Florida Elections Commission The Collins Building, Suite 224 107 West Gaines Street Tallahassee, Florida 32399-1050
The Issue The issue is whether Mr. Lamb, violated Subsection 106.07(1), Florida Statutes (2008), on two occasions.
Findings Of Fact The Commission is the state agency responsible for enforcing the campaign laws of the state. Mr. Lamb was served requests for admissions pursuant to Rule 1.370 of the Florida Rules of Civil Procedure. He did not timely respond to the Commission's requests for admissions. In fact, at the time the Second Amended Motion for Summary Final Order was filed, Mr. Lamb still had not responded. It is found that Mr. Lamb is not going to respond. The effect of this failure is to cause the matter elucidated in the following paragraphs to become the facts of this case. On or about August 23, 2007, Florida Homestead Fair Tax.com PAC of Florida Committee (Committee) filed its Statement of Organization of Political Committee. On August 23, 2007, the Committee filed its Florida Appointment of Campaign Treasurer and Designation of Campaign Depository for Political Committees and Electioneering Communication Organizations with the Division of Elections designating Kenneth E. Lamb as its chairman and treasurer. On August 23, 2007, the Committee filed its Registered Agent Statement of Appointment with the Division of Elections designating Kenneth E. Lamb as its registered agent. Mr. Lamb received a letter dated August 28, 2007, from Kristi Reid Bronson acknowledging receipt of the statement of Organization and Appointment of Campaign Treasurer for Florida Homestead Fair Tax.com PAC of Florida. Mr. Lamb received a letter dated January 11, 2008, from Ms. Bronson notifying him that he failed to file the Committee's 2007 Q4 Campaign Treasurer's Report due on January 10, 2008. Mr. Lamb received a letter dated January 18, 2008, from Ms. Bronson notifying him that he failed to file the Committee's 2007 Q4 Campaign Treasurer's Report due on January 10, 2008. Mr. Lamb received a letter dated July 11, 2008, from Ms. Bronson notifying him that he failed to file the Committee's 2007 Q4 Campaign Treasurer's Report due on January 10, 2008. Mr. Lamb received a letter dated April 11, 2008, from Ms. Bronson notifying him that he failed to file the Committee's 2008 Q1 Campaign Treasurer's Report due on April 10, 2008. Mr. Lamb received a letter dated April 25, 2008, from Ms. Bronson notifying him that he failed to file the Committee's 2008 Q1 Campaign Treasurer's Report due on April 10, 2008. Mr. Lamb received a letter dated July 11, 2008, from Ms. Bronson notifying him that he failed to file the Committee's 2008 Q1 Campaign Treasurer's Report due on April 10, 2008. Mr. Lamb's failure to file the Committee's 2007 Q4 Campaign Treasurer's Reports was willful. Mr. Lamb's failure to file the Committee's 2008 Q1 Campaign Treasurer's Reports was willful. As of May 18, 2009, Mr. Lamb has not filed the Committee's 2007 Q4 Report. As of May 18, 2009, Mr. Lamb has not filed the Committee's 2008 Q1 Report. Mr. Lamb's willful failure to file the Committee's 2007 Q4 Campaign Treasurer's Report is a violation of Subsection 106.07(1), Florida Statutes. Mr. Lamb's willful failure to file the Committee's 2008 Q1 Campaign Treasurer's Report is a violation of Subsection 106.07(1), Florida Statutes.
Other Judicial Opinions A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Section 120.68, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original Notice of Appeal with the agency clerk of the Division of Administrative Hearings and a copy, accompanied by filing fees prescribed by law, with the District Court of Appeal, First District, or with the District Court of Appeal in the Appellate District where the party resides. The notice of appeal must be filed within 30 days of rendition of the order to be reviewed.
Conclusions The Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation (the Division), after consideration of the complete record of this case on file with the Division, enters this Final Order. 1. on May 20, 2013, the Department issued an Administrative Complaint, a copy of which is attached as Exhibit win, 2. On October 1, 2013, a hearing in this cause was held before the Honorable Suzanne Van Wyk, Administrative Law Judge, Division of Administrative Hearings. 3. On December 11, 2013, the Honorable Suzanne Van Wyk issued a Recommended Order, a copy of which is attached as Exhibit "2". The Statement of the Issues, Preliminary Statement, Filed January 6, 2014 1:49 PM Division of Administrative Hearings Findings of Fact, Conclusions of Law, and Recommendation contained in the Recommended Order are hereby adopted in toto and incorporated herein by reference. Based upon the foregoing, and being otherwise fully advised in the premises it is, hereby ORDERED that: for Respondent's violations of Section 509, Florida Statutes, and/or the rules promulgated thereto the following penalty is imposed: 1. Respondent shall pay a fine in the amount of $1,200.00, due and payable to the Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011, within thirty (30) calendar days of the date this Order is filed with the Agency Clerk. 2. This Final Order shall become effective on the date of filing with the Agency Clerk. DONE AND ORDERED this BF aay of Pece hi , 2075. Rie Oi fon Disnew 5. Werpglle Diann S. Wo¥zalla, Director Department of Business and Professional Regulation Division of Hotels and Restaurants 1940 North Monroe Street Tallahassee, Florida 32399-1015
Other Judicial Opinions A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Section 120.68, Florida Statutes. Review proceedings are governed by Rules 9.110 and 9.190, Florida Rules of Appellate Procedure. Such proceedings are commenced by filing one copy of a Notice of Appeal with the Department of Business and Professional Regulation, Attn: Ronda L. Bryan, Agency Clerk, 1940 North Monroe Street, Suite 92, Tallahassee, Florida 32399-2202 and a second copy, accompanied by the filing fees prescribed by law, with the District Court of Appeal, First District, or with the District Court of Appeal in the Florida Appellate District where the party resides. The Notice of Appeal must be filed within thirty (30) days of rendition of the order to be reviewed. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Certified U.S. Mail to Holland Apartments, c/o Cindy Holland, 162 Rainbow Drive, Fort Walton Beach, Florida 32548; by regular U.S. Mail to the Honorable Suzanne Van _ Wyk, Administrative Law Judge, Division of Administrative Hearings, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060; and by hand delivery to Marc Drexler, Chief Attorney, Division of Hotels and Restaurants, Department of Business and Professional Regulations, 1940 North Monroe Street, Tallahassee, Florida 32399-2202, this CG day of Sanuary , 20\4_ Prtccln MN Nihbe For Putreln~M, Division of Hotels and Restaurants : “Certified: Article: Number, ; ; 7446 008 S111 5516 1783
Other Judicial Opinions A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Section 120.68, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original Notice of Appeal with the agency Clerk of the Division of Administrative Hearings and a copy, accompanied by filing fees prescribed by law, with the District Court of Appeal, First District, or with the District Court of Appeal in the Appellate District where the party resides. The notice of appeal must be filed within 30 days of rendition of the order to be reviewed.
Conclusions For Petitioners: Eric M. Lipman, Esquire Florida Elections Commission 107 West Gaines Street Tallahassee, FL 323999-1050 For Respondent: Robin Gibson, Esquire Gibson, Valenti & Ashley 212 East Stuart Avenue Lake Wales, Florida 33853 THE FEC STAFF’S EXCEPTIONS 1. Staff Exception #1 is approved. As the FEC has consistently held, FEC v. Morroni, Case No. FEC 97-060; FEC v. Bosezar, Case No. FEC 95-053; Division of Elections v. 2the FEC has reviewed the entire record and heard arguments of counsel. De La Portilla, Case No. FEC 93-045; FEC v. Harris, Case No. FEC 98-087; FEC v. De La Portilla, Case No. FEC 00-006; FEC v. Proctor, Case No. FEC 99-065; the burden of proof in cases involving alleged violations of Chapter 106 is by a “preponderance of the evidence.” For this reason, the FEC rejects the ALJ's characterization (COL @ § 17) of the burden as being “clear and convincing.” That being said, the Commission finds that the facts as found by the ALJ support the conclusions in the Recommended Order as modified by the FEC’s conclusions herein under either burden. 2. The Commission rejects Staff Exception #2. The FEC fully supports the Division of Elections’ position that parties required to submit information to the Division should do so using the appropriate forms. However, the evidence as found by the ALJ showed that Respondents did notify the Division that a new Deputy Treasurer for the political committee involved had been appointed prior to the submission of the Quarterly Report at issue even though the form used was that designated for candidates not for committees. Given the facts of this case, the Commission cannot say that the Respondents’ use of the incorrect form made their Quarterly Report so inaccurate as to make their certification of the Report “inaccurate or untrue” in violation of Section 106.07(5), Fla. Stat. While the FEC does not agree with the ALJ’s conclusion (COL @ 4§ 23-25) that using an incorrect form cannot form the underlying basis of a finding that a report violates Section 106.07(5), it agrees with his conclusion that no violation occurred here. . WHEREFORE, based upon the foregoing and as amended by the Commission’s rulings on the exceptions filed herein, the FEC hereby accepts the Findings of Fact, Conclusions of Law and Recommendation of the ALJ and DISMISSES the charges against the Respondents. nd > DONE and ORDERED this Q2 day of Cgurt 2003. Chanee Qnroins Chance Irvine, Chairman Florida Elections Commission CERTIFICATE OF SERVICE I certify that a copy hereof has been furnished to counsel for Respondents, Robin Gibson, Esquire, Gibson, Valenti & Ashley, 212 East Stuart Avenue, Lake Wales, Florida, 33853, by U.S. mail, and by hand delivery to Clerk, Florida Elections Commission, 107 West Gaines nd Street, Suite 224, Tallahassee mail this 22 day of — luge 2003. y; by
