case no.: fec 13-018 to: john h johnson, jr..file/13-018+johnson,+john_redacted.pdf · in re: john...

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STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami, FL 33147 Division of Elections 500 S Bronough Street, Room 316 Tallahassee, FL 32399 NOTICE OF HEARING (INFORMAL HEARING) A hearing will be held in this case before the Florida Elections Commission on February 25, 2014, at 10:30 am, or as soon thereafter as the parties can be heard, at the following location: Senate Office Building, Room S-110, 404 South Momoe Street, Tallahassee, FL 32399. Failure to appear in accordance with this notice will constitute a waiver of your right to participate in the hearing Continuances will be granted only upon a showing of good cause This hearing will be conducted pursuant to Section 106 25, Florida Statutes, which governs your participation as follows: If you are the Respondent, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission However, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en mas se vote and, unless you request to be or the Commission requests that your case be considered separately on the day of the hearing, your case will not be individually heard If you are the Complainant, you may attend the hearing, but you will not be permitted to address the Commission In addition, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless the Respondent requests to be heard or the Commission requests that the case be considered separately on the day of the hearing, the case will not be individually heard If you are an Appellant, and you have requested a hearing, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission Please be advised that both confidential and public cases are scheduled to be heard by the Florida Elections Commission on this date As an Appellant, Respondent or Complainant in one case, you will not be permitted to attend the hearings on other confidential cases. The Commission will electronically record the meeting Although the Commission's recording is considered the official record of the hearing, the Respondent may provide, at his own expense, a certified court reporter to also record the hearing If you require an accommodation due to a disability, contact Donna Malphurs at (850) 922-4539 or by mail at 107 West Gaines Street, The Collins Building, Suite 224, Tallahassee, Florida 32399, at least 5 days before the hearing Sec further instructions on the reverse side ;!my :Mc'l(eeuer 'l'oman Executive Director Florida Elections Commission February 4, 2014

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Page 1: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

In Re: John H. Johnson, Jr. Case No.: FEC 13-018

TO: John H Johnson, Jr.. 504 NW 54 St. Miami, FL 33147

Division of Elections 500 S Bronough Street, Room 316 Tallahassee, FL 32399

NOTICE OF HEARING (INFORMAL HEARING)

A hearing will be held in this case before the Florida Elections Commission on February 25, 2014, at 10:30 am, or as soon thereafter as the parties can be heard, at the following location: Senate Office Building, Room S-110, 404 South Momoe Street, Tallahassee, FL 32399.

Failure to appear in accordance with this notice will constitute a waiver of your right to participate in the hearing Continuances will be granted only upon a showing of good cause

This hearing will be conducted pursuant to Section 106 25, Florida Statutes, which governs your participation as follows:

If you are the Respondent, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission However, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en mas se vote and, unless you request to be he~rd or the Commission requests that your case be considered separately on the day of the hearing, your case will not be individually heard

If you are the Complainant, you may attend the hearing, but you will not be permitted to address the Commission In addition, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless the Respondent requests to be heard or the Commission requests that the case be considered separately on the day of the hearing, the case will not be individually heard

If you are an Appellant, and you have requested a hearing, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission

Please be advised that both confidential and public cases are scheduled to be heard by the Florida Elections Commission on this date As an Appellant, Respondent or Complainant in one case, you will not be permitted to attend the hearings on other confidential cases.

The Commission will electronically record the meeting Although the Commission's recording is considered the official record of the hearing, the Respondent may provide, at his own expense, a certified court reporter to also record the hearing

If you require an accommodation due to a disability, contact Donna Malphurs at (850) 922-4539 or by mail at 107 West Gaines Street, The Collins Building, Suite 224, Tallahassee, Florida 32399, at least 5 days before the hearing

Sec further instructions on the reverse side

;!my :Mc'l(eeuer 'l'oman Executive Director Florida Elections Commission February 4, 2014

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Please refor to the information below for further instructions related to your particular hearing:

If this is a hearing to consider an appeal from an automatic fine, the Filing Officer has imposed a fine on you for your failure to file a campaign treasurer's report on the designated due date and, by filing an appeal, you have asked the Commission to consider either (1) that the report was in fact timely filed; or (2) that there were unusual circumstances that excused the failure to file the report timely. You are required to prove your case .. If the Commission finds that the report was filed timely or that there were unusual circumstances that excused the failure, it may waive the fine, in whole or in part The Commission may reduce a fine after considering the factors in Section 106 265, Florida Statutes. If the Commission finds that the report was not time! y filed and there were no unusual circumstances, the fine will be upheld.

If this is a hearing to consider a consent order before a determination of probable cause has been made, the Commission will decide whether to accept or reject the consent order If the Commission accepts the consent order, the case will be closed and become public If the Commission rejects the consent order or does not make a decision to accept or deny the consent order, the case will remain confidential, unless confidentiality has been waived

If this is a hearing to consider a consent order after a determination of probable cause has been made, the Commission will decide whether to accept or r~j ect the consent order.. If the Commission accepts the consent order, the case will be closed .. If the Commission rejects the consent order or does not make a decision to accept or deny the consent order, the Respondent will be entitled to another hearing to determine if the Respondent committed the violation(s) alleged

If this is a probable cause hearing, the Commission will decide if there is probable cause to believe that the Respondent committed a violation of Florida's election laws. Respondent should be prepared to explain how the staff in its recommendation inconectly applied the law to the facts of the case Respondent may not testifY, call others to testify, or introduce any documentary or other evidence at the probable cause hearing The Commission will only decide whether Respondent should be charged with a violation and, before the Commission determines whether a violation has occurred or a fine should be imposed, Respondent will have an opportunity for another hearing at which evidence may be introduced

If this is an informal hearing, it will be conducted pursuant Sections 120 . .569 and 120.57(2), Florida Statutes; Chapter 28 and Commission Rule 2B-1 004, Florida Administrative Code. At the hearing, the Commission will decide whether the Respondent committed the violation(s) charged in the Order of Probable Cause. The Respondent will be permitted to testify However the Respondent may not call witnesses to testify

Respondent may argue why the established facts in the Staff Recommendation do not support the violations charged in the Order of Probable Cause At Respondent's request, the Commission may determine whether Respondent's actions in the case were willful.. The Respondent may also address the appropriateness of the recommended fine. If Respondent claims that his limited resources make him unable to pay the statutory fine, he must provide the Commission with written proof of his financial resources at the hearing A financial affidavit form is available from the Commission Clerk

----~---~------------ - - - ---- ------

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' (

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

Florida Elections Commission, Petitioner,

13 r"lr"1'> I U(l. -:.i

Case No.: FEC 13-018 v.

John H .. Johnson Jr .. , Respondent.

ORDER OF PROBABLE CAUSE

Jitj 9: 28

THIS MATTER was heard by the Florida Elections Commission (Commission) at its

regularly scheduled meeting on November 13, 2013, in Tallahassee, Florida

Based on the Complaint, Report of Investigation, Staff's Recommendation, and oral

statements (if any) made at the ptobable cause hearing, the Commission finds that there is

probable cause to charge Respondent with the following violations:

Count 1:

Respondent violated Section 106..0?(l)(b)l , Florida Statutes, when he failed to file addendums to his 2012F1 and F3 Reports within 7 days after receiving notice from the Department of State, Division of Elections, that the reports required amendment

DONE AND ORDERED by the Florida Elections Commission on November 13, 2013

~.

Copies furnished to: David Grossman, Assistant General Counsel John H Johnson Jr, Respondent

'

T Holladay, Chauman Florida Elections Commiss· n

Division of Elections, Complainant/Filing Officer

OPC- FEC 13-018

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<-, - - --- -_. ~ -- ' ' - - :,_,- - -

NOTICE 9F RIGHT TO A HEARING

As the Respondent, you may elect to resolve this case in several ways.. First, you may elect to resolve this case by consent order where you and Commission staff agree to resolve the violations and agree to the amount of the fine The agreed to consent order is then presented to the Commission fo1 its approval.. To discuss a consent order, contact the attorney who signed the Staff Recommendation attached to the Order of Probable Cause

Second, you may request an informal hea1ing held before the Commission, if you do not dispute any material fact in the Staff Recommendation. You have 30 days from the date of the 01der of Probable Cause to request such a hea1ing. At the heaiing, you will have the 1ight to make written or oral arguments to the Commission concerning the legal issues related to the violations and the potential fine. At the 1equest of Respondent, the Commission will consider and dete1mine willfulness at an info1mal hearing Otherwise, live witness testimony is unnecessary

Third, you may request a fo1mal hearing held before an administrative law judge in the Division of Administrative Hearings (DOAH), if you dispute any mateiial fact in the Staff Recommendation You have 30 days fiom the date of the Order of Probable Cause to 1equest such a hearing. At the heaiing, you will have the right to p1esent evidence relevant to the violation(s) listed in this order, to cross-examine opposing witnesses, to impeach any witness, and to 1 ebut the evidence presented against you.

If you do not elect to resolve the case by consent order OJ request a fo1mal heaiing at the DOAH OJ an informal heaiing before the Commission within 30 days of the date of this Order of Probable Cause, the case will be sent to the Commission and you will be entitled to a formal or informal hearing.

To request a heaiing, please send a w1itten request to the Commission Clerk, Donna Ann Malphurs The address of the Commission Clerk is 107 W Gaines Street, Collins Building, Suite 224, Tallahassee, Florida 32399-1050 The telephone number is (850) 922-4539 The Clerk will provide you with a copy of Chaptei 28-106, Florida Administrative Code, and other applicable rnles upon request No mediation is available

OPC-FEC 13-018

- - --- ------- ---------------------------

I

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In Re: John H Johnson, h

TO: John H Johnson, Ji. 504 NW 54 St Miami, FL 33147

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

Case No.: FEC 13-018

Division of Elections 500 S Bronough Street, Room 316 Tallahassee, FL 32399-1050

NOTICE OF HEARING

A hearing will be held in this case before the Florida Elections Commission on November 13, 2013, at 9:00 am, or as soon thereafter as the parties can be heard, at the following location: Senate Office Building, Room 110-S, 404 South Monroe Street, I allahassee, FL .32399.

Failure to appear in accordance with this notice will constitute a waiver of your right to participate in the hearing Continuances will be granted only upon a showing of good cause

This hearing will be conducted pursuant to Section 106 25, Florida Statutes, which governs your participation as follows:

Uyou are the Respondent, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission However, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless you request to be heard or the Commission requests that your case be considered separately on tneaay of the hear mg, your case will not be md1VR!lliill~y=e=ar~---------;

Uyou are the Complainant, you may attend the hearing, but you will not be permitted to address the Commission. In addition, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless the Respondent requests to be heard or the Commission requests that the case be considered separately on the day of the hearing, the case will not be individually heard

Uyou are an Appellant, and you have requested a hearing, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission.

Please be advised that both confidential and public cases are scheduled to be heard by the Florida Elections Commission on this date As an Appellant, Respondent or Complainant in one case, you will not be permitted to attend the hearings on other confidential cases ..

The Commission will electronically record the meeting Although the Commission's recording is considered the official record of the hearing, the Respondent may provide, at his own expense, a certified court reporter to also record the hearing ..

If you require an accommodation due to a disability, contact Donna Malphurs at (850) 922-4539 or by mail at 107 West Gaines Street, The Collins Building, Suite 224, Tallahassee, Florida 32399, at least 5 days before the hearing

See further instructions on the reverse side ..

JI.II!)' :M.CKeever <Toman Executive Director Florida Elections Commission Octobe1 24, 2013

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Please refer to the information below for fi.!tther instructions related to yoUJ particular hearing:

If this is a hearing to consider an appeal from an automatic fine, the Filing Officer has imposed a fine on you for your failure to file a campaign treasurer's report on the designated due date and, by filing an appeal, you have asked the Commission to consider either (!)that the report was in fact timely filed; or (2) that there were unusual circumstances that excused the failure to file the report timely You are required to prove your case If the Commission finds that the report was filed timely or that there were unusual circumstances that excused the failure, it may waive the fine, in whole or in part The Commission may reduce a fine after considering the factors in Section 106 265, Florida Statutes. If the Commission finds that the report was not timely filed and there were no unusual circumstances, the fine will be upheld .. Pursuant to Rule 2B-l 005 F A C ., you may file supplemental documents related to your appeal up to five business days before the hearing for consideration by the Commission

If this is a hearing to consider a consent order befor·e a determination of probable cause has been made, the Commission will decide whether to accept or reject the consent order .. If the Commission accepts the consent 01der, the case will be closed and become public If the Commission rt".jects the consent 01der or does not make a decision to accept or deny the consent order, the case will remain confidential, unless confidentiality has been waived

If this is a hearing to consider a consent order after a determination of probable cause has been made, the Commission will decide whether to accept or reject the consent order .. If the Commission accepts the consent order, the case will be closed If the Commission rejects the consent order or does not make a decision to accept or deny the consent order, the Respondent will be entitled to another hearing to determine if the Respondent committed the violation(s) alleged ..

If this is a probable cause hearing, the Commission will decide ifthere is p10bable cause to believe that the Respondent committed a violation of Florida's election laws Respondent should be prepared to explain how the staff in its recommendation inconectly applied the law to the facts of the case. Respondent may not testifj;, call others to testifj;, or introduce any documentary or other evidence at the probable cause hearing The Commission will only decide whether Respondent should be charged with a violation and, before the Commission determines whether a violation has occu11ed or a fine should be imposed, Respondent will have an opportunity for another hearing at which evidence may be int10duced

If this is an informal hearing, it will be conducted pursuant Sections 120 569 and 12057(2), Florida Statutes; Chapter 28 and Commission Rule 2B-1 .. 004, Florida Administrative Code At the hearing, the Commission will decide whether the Respondent committed the violation(s) charged in the Order of P10bable Cause. The Respondent will be permitted to testify. However the Respondent may not call witnesses to testify

Respondent may argue why the established facts in the Staff Recommendation do not support the violations charged in the Order of Probable Cause At Respondent's request, the Commission may determine wjlether Respondent's actions in the case were willful.. The Respondent may also address the appropriateness of the recommended fine If Respondent claims that his limited resomces make him unable to pay the statutory fine, he must provide the Commission with written proofoj his financial resources at the hearing .. A financial affidavit form is available from the Commission Clerk.

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I

CASE NAME: FEC vs. John Johnson

CASE NUMBER(S): FEC No. 13-018 DOAH No.

INVESTIGATOR:

ATTORNEY FOR FEC:

OPPOSING ATTORNEY & PHONE NUMBER:

1 1 /8/13 Comolaint 2 1/22/13 14 day letter to Respondent 3 4/29/13 Letter of Leqal Sufficiency 4 6/19/13 E-mail to Respondent w/Referral & Letter of Leoal Sufficiency 5 7/3/13 Affidavit & Letter of Legal Sufficiency to Respondent 6 7/19/13 E-mail from Terri Sue Lawson w/attachments 7 7/19/13 E-mail from Kristi Reid-Bronson 8 7/23/13 Phone Loo 9 7/24/13 Report of Investigation w/Exhibits 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

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STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

In Re: John Johnson Case No.: FEC 13-018 _______________ /

STAFF RECOMMENDATION FOLLOWING INVESTIGATION

Pursuant to Section 106.25( 4)( c ), Florida Statutes, undersigned staff counsel files this written reconunendation for disposition of the complaint in this case reconunending that there is probable cause to charge Respondent with violating Section 106.07(1)(b)l., Florida Statutes. Based upon a thorough review of the Report oflnvestigation submitted on July 24, 2013, the following facts and law support this staff recommendation:

1. On January 8, 2013, the Florida Elections Conunission ("Conunission") received a referral from the Division of Elections ("Division") alleging that John Johnson ("Respondent") violated Chapter 106, Florida Statutes.

2. Respondent was a candidate for State Senator, District 39 in the 2012 election. Respondent was defeated in the November 6, 2012 election.

3. By letter dated April 29, 2013, the Executive Director notified Respondent that Commission staff would investigate the following alleged violations:

Section 106.07(2)(b )1., Florida Statutes: John Johnson, candidate for the office of State Senator, District 39, and designated as the treasurer for his own campaign during the 2012 general election cycle, failed to timely file an addendum to his 2012 Fl and F3 Reports, after notice from the Department of State, Division of Elections, that the reports required amendment.

4. On June 8, 2012, Respondent filed his State of Florida Appointment of Campaign Treasurer and Designation of Campaign Depository of Candidates form ("DS-DE 9") appointing himself as treasurer of his campaign. (ROI Exhibit 1)1

5. On June 11, 2012, the Division sent Respondent a letter acknowledging that his name had been placed on the 2012 active candidate list. The letter also advised Respondent that all candidates filing reports with the Division are required to use the electronic filing system

1 The Report oflnvestigation is referenced to herein as "ROI."

Staff Recommendation FEC 13-018

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(EFS), and provided Respondent with an initial PIN and password allowing him to access the EFS. (ROI Exhibit 2)

6. The June 11, 2012 acknowledgment letter also informed Respondent that all of the Division's publications and reporting forms are available on the Division website, including Chapter 106, Florida Statutes, the Candidate and Campaign Treasurer Handbook, and the Division's Calendar of Reporting Dates. Id.

7. Respondent timely filed his 2012 Fl Report on the reporting due date; however, the report was incomplete. By letter dated July 18, 2012, the Division sent Respondent notification informing him that his 2012 F 1 Report was incomplete and required specific amendments that were attached to the letter.2 The letter also informed Respondent that he had 7 days from receipt of the July 18, 2012 letter to file an amended report. (ROI Exhibits 3 & 4)

8. By letter dated August 3, 2012, the Division sent Respondent a "Second Notice," notifying Respondent that his 2012 Fl Report was incomplete and required specifically listed amendments. The Second Notice gave Respondent until 7 days after receipt of the Second Notice to file an amendment to his 2012 Fl Report. (ROI Exhibit 5)

9. By letter dated September 20, 2012, the Division sent Respondent a "Final Notice" informing him that his 2012 Fl Report remained incomplete and that Respondent was required to submit an amended report to correct the missing or incorrect information. The Final Notice also informed Respondent that "If the report is not filed within 7 days of receipt of this letter, the Division will forward this matter to the Florida Elections Commission for further action." The Final Notice letter was confirmed delivered on September 22, 2012. (ROI Exhibit 8)

10. Respondent timely filed his 2012 F3 Report on the reporting due date; however, the report was incomplete. By letter dated August 16, 2012, the Division sent Respondent notification informing him that his 2012 F3 Report was incomplete and required specific amendments that were attached to the letter. The letter also informed Respondent that he had 7 days from receipt of the August 16, 2012 letter to file an amended report. (ROI Exhibit 6)

11. On August 24, 2012, the Division sent Respondent an email informing him that his 2012 F 1 and F3 reports remained incomplete and each required submission of an amended report to correct the missing or incorrect information. Copies cf all previously mailed written notices were attached. (ROI Exhibit 7)

12. The Division sent Respondent a "Second Notice" dated September 20, 2012 regarding the incomplete 2012 F3 Report. The letter notified Respondent that his 2012 F3 report was incomplete and included a list of specific items that required amendment. The Second

2 All written notices from the Division to the Respondent were sent to the addresses provided by Respondent on his

DS-DE 9 form. (ROI Exhibits 1, 4, 5, 6, 7, 8, 9, 10)

Staff Recommendation FEC 13-018 2

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Notice gave Respondent until 7 days after receipt of the Second Notice to file an amendment to his 2012 F3 Report. 3 (ROI Exhibit 9)

13. By letter dated December 6, 2012, the Division sent Respondent a "Final Notice" informing him that his 2012 F3 report remained incomplete and that Respondent was required to submit an amended report to correct the missing or incorrect information. The Final Notice further informed Respondent that "If the report is not filed within 7 days of receipt of this letter, the Division will forward this matter to the Florida Elections Commission for further action." The Final Notice letter was confirmed delivered on December 10, 2012. (ROI Exhibit 10)

14. On July 19, 2013, Commission staff received an email from the Division stating that Respondent has made some corrections to his 2012 Fl and F3 reports, however, both reports still contain errors. (ROI Exhibit 16)

15. "Probable Cause" is defined as reasonable ground of suspicion supported by circumstances sufficiently strong to warrant a cautious person in the belief that the person has committed the offense charged. Schmitt v. State, 590 So.2d 404, 409 (Fla. 1991 ). Probable cause exists where the facts and circumstances, of which an [investigator] has reasonably trustworthy information, are sufficient in themselves for a reasonable person to reach the conclusion that an offense has been committed. Department of Highway Safety and Motor Vehicles v. Favino, So.2d 305, 309 (Fla. 1st DCA 1995).

16. The facts above show that Respondent was a candidate for State Senator, District 39, in the 2012 election. Respondent timely filed his 2012 Fl and F3 reports, however, the reports were incomplete. Despite receiving 3 letters for each report notifying him that he had 7 days to amend the reports, Respondent failed to timely submit the required amendments for both reports. Even though Respondent made some corrections to the reports, the reports still contain errors.

Based upon these facts and circumstances, I recommend that the Commission find probable cause to charge Respondent with the following violations:

Count 1:

Respondent violated Section 106.07(1 )(b) I., Florida Statutes, when he failed to file an addendum to his 2012 Fl Report within 7 days after receiving notice from the Department of State, Division of Elections, that the report required amendment.

3 All written letters from the Division notifying Respondent of the incomplete reports and Respondent's resulting duty to submit amended reports were sent to the address provided on Respondent's DS-DE 9 form. (ROI Exhibit l, 4, 5, 6, 8, 9 & 10)

Staff Recommendation FEC 13MOl8 3

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Count2:

Respondent violated Section 106.07(l)(b)l., Florida Statutes, when he failed to file an addendum to his 2012 F3 Report within 7 days after receiving notice from the Department of State, Division of Elections, that the report required amendment.

Respectfully submitted on September? 3 2013,

David S. Grossman Assistant General Counsel

I reviewed this Staff Recommendation this l Y~y of 4 ~ , 2013.

Staff Recommendation FEC 13-018 4

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(

August 13, 2013

Ms .. Donna Ann Malphurs Agency Clerk Florida Elections Commission 107 W Gaines Street, Suite 224 Tallahassee, FL 32399-1050

RE: Case No. FEC 13-018

Ms .. Malphurs:

RECEIVED

ZUIJ AUG I b p 12: 22 s rArt OF FLORIDA f LECTIONS COMMISSION

I am writing in response to your letter dated July 29, 2013, regarding the filing of requested amendments to my campaign finance reports.

I did receive notices relating to needed amendments and they were done I recently checked the Election Department's website and it is showing that amendments for the F1 and F3 reports in question.

The website for the posting of reports is not user-friendly and quirky.. It took several attempts to post the initial reports and amendments. Also, someone call after the waiver for the termination was filed and the department staff confirmed that no other reports were needed. We are unaware of anything else that we can do regarding these

···-··---·-reports ..

Please feel free to contact my Campaign Manager, Greg King, at 954.471..2060, if you have any additional questions.. I have authorized him to discuss this issue with you office ..

hn Johnson 504 NW 54th Street Miami, Florida 33127

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' I c_

FLORIDA ELECTIONS COMMISSION REPORT OF INVESTIGATION

Case No.: FEC 13-018

Respondent: John H. Johnson, Jr. Counsel for Respondent: None

Complainant: Division of Elections Counsel for Complainant: None

Pursuant to Section 106.25, Florida Statutes, on January 8, 2013, the Florida Elections Commission received information from the Division of Elections that Respondent violated Chapter 106, Florida Statutes The Division's refenal was mandated pursuant to Section 106 07(8)(d), Florida Statutes Commission staff; therefoie, investigated whether Respondent violated the following statute:

Section 106 07(2)(b)l, Florida Statutes, failure of the treasurer ofa candidate to file an addendum to an incomplete report after receiving notice from the filing officer

L Preliminary Information:

1 Respondent was a first-time candidate for State Senator, District 39 in the 2012 general election; he was defeated in the election held on November 6, 2012

2 Complainant is the Division of Elections ..

3 Respondent's filing officer is Kristi Reid-Bronson, Chief, Bureau of Election Records.

U. Alleged Violation of Section 106.07(2)(b)l, Florida Statutes:

4. I investigated whether Respondent violated this section of election laws by not filing addenda to his 2012 Fl Report and 2012 F3 Report after receiving notice that the reports were incomplete

5. On June 8, 2012, Respondent filed his Appointment of Campaign Treasurer and Designation of Campaign Depository (DS-DE 9) form with the Division of Elections appointing himself campaign treasurer To view a copy of the DS-DE 9 form, please refer to Exhibit 1

6 On June 11, 2012, Ms Bronson sent Respondent a letter acknowledging his name had been placed on the active candidate list The letter advised Respondent that all candidates filing reports with the Division are required to use the electronic filing system (EFS), and provided Respondent with his personal identification number (PIN) and initial password allowing him access to the BF S

7. The letter also advised Respondent that all of the Division's publications and

lnv002 (7 /08) 1

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reporting forms are available on their website, including Chapter 106, Florida Statutes, the Candidate and Campaign Treasurer Handbook, and the Calendar ofReporting Dates. The letter further advised Respondent that it was his responsibility to read, understand, and follow the requirements of Florida's election laws. To view a copy of the acknowledgement letter, please refer to Exhibit 2 ..

8 According to Respondent's filing history, his 2012 Fl Repo1t and 2012 F3 Report were timely filed on July 13 and August 10, 2012, respectively To view Respondent's filing history, please refer to Exhibit 3..

9. On July 18, 2012, the Division sent Respondent a letter informing him that his 2012 Fl Report was incomplete .. An enor report was included with the letter as an attachment The letter was mailed to the address listed on Respondent's DS-DE 9 form (Exhibit 1). To view a copy of the letter and error report, please refer to Exhibit 4

10. On August 3, 2012, the Division sent Respondent a letter marked "Second Notice;" the letter stated, "On July 18, 2012, you were advised that one 01 more of yom campaign treasmer's reports were incomplete " Although the Division's letter does not specify which reports were identified as incomplete, it appears the Division was refening to the letter dated July 18, 2012 (provided as Exhibit 4, page 1), which informed Respondent that his 2012 F 1 Report was incomplete An error report (provided as Exhibit 4, pages 2 and 3) was included with the letter as an attachment The letter was mailed to the add1ess listed on Respondent's DS­DE 9 form (Exhibit 1) To view a copy of the letter without attachments, please refer to Exhibit 5

11 On August 16, 2013, the Division sent Respondent a lette1 informing him that his 2012 F3 Report was incomplete. An enor report was included with the letter as an attachment The letter was mailed to the address listed on Respondent's DS-DE 9 form (Exhibit 1) To view a copy of the letter and error report, please refer to Exhibit 6

12. On August 24, 2012, Theresa Holdeen of the Division sent Respondent an e-mail advising him that his 2012 Fl Report and 2012 F3 Repo1t needed to be corrected Copies of the previous letters and error reports (provided as Exhibits 4, 5, and 6) were included in the e-mail as an attachment The e-mail was sent to the e-mail address listed on Respondent's DS-DE 9 form (Exhibit 1) To view a copy of the e-mail without attachments, please refe1 to Exhibit 7

13 On September 20, 2012, the Division sent Respondent a letter marked "Final Notice" informing him that his 2012 F 1 Report was incomplete A copy of the en or report (provided as Exhibit 4, pages 2 and 3) was included with the Final Notice as an attachment The Final Notice was delivered on September 22, 2012.. To view a copy of the Final Notice and delivery confirmation without attachments, please refer to Exhibit 8

14 On Septembe1 20, 2012, the Division also sent Respondent a letter marked "Second Notice;" the letter stated, "On August 16, 2012, you were advised that one 01 more of your campaign treasurer's reports were incomplete . " Although the Division's letter does not specify which reports were identified as incomplete, it appears the Division was referring to the letter dated August 16, 2012 (provided as Exhibit 6, page 1), which informed Respondent that his 2012 F3 Report was incomplete. An error report (provided as Exhibit 6, page 2) was included

lnv002 (7 /08) 2

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with the letter as an attachment. The letter was mailed to the address listed on Respondent's DS­DE 9 form (Exhibit 1) To view a copy of letter without attachments, please refer to Exhibit 9

15.. On December 6, 2012, the Division sent Respondent a letter marked "Final Notice" informing him that his 2012 F3 Report was incomplete A copy of the error report (provided as Exhibit 6, page 2) was included with the Final Notice as an attachment The Final Notice was delivered on December 10, 2012 Io view a copy of the Final Notice and delivery confirmation without attachments, please refer to Exhibit 10

16. On January 22, 2013, Commission staff sent Respondent a letter via certified mail notifying Respondent that the Commission received information alleging he violated Florida's election laws The letter was sent to the address provided on Respondent's DS-DE 9 form (Exhibit l); the "green card" reflects that "Licia Scott" signed for the letter on behalf of Respondent on January 24, 2013 The letter advised Respondent that he had 14 days to respond to the allegation; there was no response to the letter To view a copy of the letter fiom Commission staff and the green card, please refer to Exhibit 11.

17 On April 29, 2013, Commission staff sent Respondent a letter of legal sufficiency via certified mail notifying Respondent that the Commission would be investigating his alleged failure to file addenda to his 2012F1 Report and 2012 F3 Report The "green card" reflects that "Licia Scott" signed for the letter on behalf of Respondent on May 2, 2013 There was no response to the letter.. To view a copy of the letter from Commission staff and the green card, please refer to Exhibit 12.

18 On June 19, 2013, I e-mailed copies of the referral and letter of legal sufficiency (provided as Exhibit 12) to the e-mail address p10vided on Respondent's DS-DE 9 form (Exhibit 1) I here was no response to my e-mail, and I did not receive notice that the e-mail was undeliverable Io view a copy of the e-mail without attachments, please refer to Exhibit 13 1

19.. On July 3, 2013, I sent Respondent a letter and an affidavit via regular mail asking that he state the reason he has not filed amendments to his 2012 F 1 Report and 2012 F 3 Report 2 Respondent has not returned the affidavit, and the affidavit has not been returned by the postal service as undeliverable. To view a copy of the letter and affidavit, please refer to Exhibit 14

20. Review of Respondent's queued transaction reports for his 2012 Fl Report and 2012 F3 Report reflects that the reports have been amended since they were filed on their respective due dates However, in an e-mail dated July 19, 2013, Ms .. Bronson states, "he still has errors" Respondent's reports were last amended and filed on March 18, 2013; approximately 10 weeks after the Commission received the referral from the Division. To view copies of the queued transaction reports, please refer to Exhibit 15 Io view a copy of Ms Bronson's e-mail, please refer to Exhibit 16

21 No record of Respondent having previously violated this section of law was

1 The documents in the Division's refonal have been pieviously provided as Exhibits I through 10 of this report 2 A copy of the legal sufficiency letter, previously provided as Exhibit 12, was included with the affidavit

lnv002 (7 /08) 3

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I ,_

found

III. FEC History:

22 Respondent has had one p1ior case befo1e the Commission in which he was the Complainant In FEC 12-157, Respondent's complaint was found legally insufficient

Conclusion:

23 I telephoned Respondent on June 24 and July 19, 2013, and left messages asking that he return my call so that he may have an oppmtunity to iespond to the information gathered dming the course of the investigation concerning the allegations made in the refonal Respondent has not 1etumed my calls

24 Because Respondent has not returned my phone calls or submitted an affidavit, I am unable to ascertain whether he has read Chapters 104 and 106, Florida Statutes, and/or the Candidate and Campaign Treasurer Handbook. Respondent signed his Statement of Candidate form on June 6, 2012 To view a copy of the form, please iefor to Exhibit 17

Current address of Respondent

Mr .. John H. Johnson, Jr 504 NW 54th Stieet Miami, FL 33127

Name aud Address of Filing Officer:

Ms .. Kristi Reid-Bronson, Chief Bureau of Election Records 500 South Bronough Street I allahassee, FL 32399

Copy furnished to:

Mr.. David Flagg, Investigations Manager

Inv002 (7 /08)

Respectfully submitted on July 24, 2013,

Tracie Aulet Investigation Specialist

4

Current address of Complainant

Division of Elections 500 South Bronough Street Tallahassee, FL 32399

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FLORIDA ELECTIONS COMMISSION REPORT OF INVESTIGAIION John H. Johnson, Jr,. -- FEC 13-018

< '•.1;! ;fo,; ·. ,' ;; ',i!:Af:•i1: . ·; . \.::,-.. . ' .

'... . ;,:1,1•:, •.... .Eis'tu1,0F. Exff1'8ii;i:;~ . ' ':· ;,!,~·!•.;,;;. • '•,i;; '. :i,:";" ·.';'.nt;'.1U%!::;,: ,·,,, ., u .. '<\~~i;;{Jlf;:;!J;:,;", .... ·:1;:!!{;:!;/b\'.,; ... __ ·'>"''iL!}!;i;,>h

Exhibits #s Description of Exhibits

Exhibit 1 DS-DE 9 form filed 6/8/12

Exhibit 2 Acknowledgement letter dated 6/11112

Exhibit 3 Filing history

Exhibit 4 Letter dated 7/18/12 re: incomplete 2012 F 1 Report

Exhibit 5 Letter dated 8/3/12 re: incomplete 2012 F 1 Report

Exhibit 6 Letter dated 8/16/12 re: incomplete 2012 F3 Report

. .. ··· '!; ; '···

Exhibit 7 E-mail dated 8/24/12 re: incomplete 2012F1 & F3 Reports

Exhibit 8 Letter dated 9/20/12 re: incomplete 2012F1 Report

Exhibit 9 Letter dated 9/20/12 re: incomplete 2012 F3 Report

Exhibit 10 Letter dated 12/ 6/ 12 re: incomplete 2012 F3 Report

Exhibit 11 Letter dated 1/22/13 re: Division's referral

Exhibit 12 Legal sufficiency letter dated 4/29/13

Exhibit 13 E-mail dated 6119/13 re: referral & legal sufficiency

Exhibit 14 Letter dated 7 /3/13 w/affidavit

Exhibit 15 2012 F 1 & F 3 Queued Tr ans actions Reports

Exhibit 16 E-mail from Kristi Bronson dated 7/19113

Exhibit 17 Statement of Candidate form signed 6/6/12

lnv004 (5/08)

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(

APPOINTMENT OF CAMPAIGN TREASURER - \ , AND DESIGNATION OF CAMPAIGN

... ',. l

DEPOSITORY FOR CANDIDATES '

(Section 106 021(1), F S) 2.012 JUN • 8 M\ 9: 2.Li

(PL.EASE PRINT OR TYPE} . ' ·:... : P..'i i_

,,; r '''" " ''--- '-" L : C' I O\'IS NOTE: This form must be on file with the qualifying U\V\SIO~l Or t. -

1

officer before openinQ the campaign account. OFFICE USE ONLY

1. CHECK APPROPRIATE BOX(ES):

0 Initial Filing of Form Re-filing to Change: 0 Treasurer/Deputy O Depository l8l Office 0 Party

2 Name Qf Candidate (in this order: First, Middle, Last} 3 Address (include post office box or street, city, state, zip

JOHN H JOHNSON, JR code) 504 NW54 ST

~· -- MIAMI, FL 33127 4 Telephone 5 .. E-mail address

(305 ) 758-7022 insurejj@aol .com -

6 Office sought (include dis\rict, circuit, group number) 7 II a candidate for a nonpartisan office, check if

STATE SENATE, DISTRICT 39 applicable:

0 My intent is to run as a Write-In candidate

--·---------·--·------------ .. 8 If a candidate for a partisan office, check block and fill in name of party as applicable: My intent is to run as a

0 Write-In 0 No Party Affiliation igi DEMOCRATIC Party candidate

9 I have appointed the following person to act as my IZl Campaign TreasurJ"r D Deputy Treasurer >------

10 Name of TreaslJCer or Deputy Treasurer ·--- ·--·-

JOHN H JOHNSON, JR -- ~"·--·-...-----·-

11 Mailing Address 12 Telephone

504 NW54ST ( 305 ) 758-7022 -------··-- ··--·----·- ·-13 City 14 County 15. State 16 .. Zip Code 17 E-mail address

MIAMI MIAMI-DADE FL 33127 [email protected]

18 I have designated the following bank as my 181 Primary Depository 0 Secondary Depository

--·· ·---- ~----·-·· --19 Name of Bank 20 Address

CHASE 5800 NW 7 AVE !----·--·--· ·-·--- ·-21 City 22 County 23. State 24. Zip Code

MIAMI MIAMI-DADE FLORIDA 33147

UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN 'TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY AND THAT THE FACTS STATED IN IT ARE TRUE -----

~Sig;; 25 Date 1of~ate J // 6/7/12 )_.... .--ff';'"'v

27 Treasurer's Acceptance of Appointment (fill i~blanks and che¢(the JWropriate block)

I _ JOHN H JOHNSON, JR --·----·- , do hereby accept the appointment (Please Print or Type Name)

designated above as: igJ campaign r;su~_.d::;Treas(/ d

6/7112 -

Date / / Signature of CampaiWJ reaJfl'yer or Deputy Treasurer

v . -DS·DE 9 (Rev 10/10) Rule 1S 2 .. 0001, FA C

EXHIBIT ____ _

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)k VIVA flORIDA500

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• ~ iS

~W<~

!1LORIDA DEPARTMENT of STm RICK SCOTT

Governor KENDETZNER

Secretary of State

June 11, 2012

Mi John H Johnson, Jr 504 N .W. 54•h Street Miami, Florida 33127

Dear Mr. Johnson:

This will acknowledge receipt of the Appointment of Campaign Treasurer and Designation of Campaign Depository for the office of State Senator, which was placed on file in our office on June 7, 2012 Your name has been placed on the 2012 active candidate list

Campaign Treasurer·'s Reports

Your first campaign treasurer's report will be due on July 13, 2012 The report will cover the period of Aprill, 2012- July 6, 2012 All candidates who file reports with the Division of Elections are required to file by means of the Division's electronic filing system (EFS}.

Cr·edentials and Sign-ons

Below is the web address to access the EFS and your user identification number. The enclosed sealed envelope contains your initial password.. Once you have logged in using the initial password, you will be immediately prompted to change it to a confidential sign-on You, your campaign treasurer, and deputy treasurers are responsible for protecting these passwords from disclosure and are responsible for all filings using these credentials, unless the Division is notified that yom c1edentials have been compromised

EFS Web site Address: https://efS.dos.state.flus Identification Number·: 58116

EXHIBIT 2 Pj, I ot 3

Division of Elections R.A .. Gray Bldg., Rm. 316 • 500 S Bronough St.• Tallahassee, Florida 32399··0250

Telephone: (850) 245-6240 • Facsimile: (850) 245-6259 elections.myfiorida.com CommemoI·ating 500 years of Florida history www.fia500 .. com

)k VIVA flO~IDA500.

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Mr John H. Johnson June 11, 2012 Page Two

fin.Numbers

Pin numbers are confidential seem e credentials that allow you to submit reports and update pe1sonal information The enclosed sealed envelope contains your confidential pin numbers.

Each candidate is required to provide the Division of Elections with confidential personal information that may be used to allow access in the event that password is for gotten or lost When you enter the campaign account screen, there will be a drop down box where you pick a question (such as What is your mother's maiden name?) and supply an answer All passwords and answers to questions are stored as encrypted data and cannot be viewed by Division staff and given out over the phone. Please notify the Division if your credentials have been compromised

fimely_fili!!,g

All reports filed must be completed and filed through the EFS not later than midnight of the due date Reports not filed by midnight of the due date are late filed and su~ject to the penalties in Section 106..07(8), Florida Statutes. In the event that the EFS is inoperable on the due date, the report will be accepted as timely filed if filed no later than midnight of the first business day the EFS becomes operable. No fine will be levied dming the period the EFS was inoperable

Any candidate failing to file a rep01t on the designated due date shall be subject to a fine of $50 per day for the first 3 days late and, thereafter, $500 per day for each late day, not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report However, for reports immediately preceding each primary and general election, the fine shall be $500 per day for each late day. not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report

Electrnnic Rece!Jill.

The person submitting the report on the EFS will be issued an electionic receipt indicating and verifying the report was filed. Each campaign treasurer's report filed by means of the EFS is considered to be under oath by the candidate and campaign treasurer and such persons are subject to the provisions of Section I 06 07(5), Florida Statutes

EXHIBIT 2 P3' 2ot3

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M1 John H Johnson June 11,2012 Page Three

!filtJuctions and Assistance

An online instruction guide is available to you on the EFS to assist with navigation, data ent1y, and submission of reports. The Division of Elections will also provide assistance to all users by contacting the EFS Help Desk at (850) 245-6280

All of the Division's publications and reporting forms are available on the Division of Elections' web site at http://elections.myflorida.com. It is your responsibility to read, understand, and follow the requfrements of Florida's election laws. Therefor·e, please print a copy of the following documents: Chapters 104 and ,106, Florida Statutes, 2012 Candidate and Campaign Treasurer Handbook, 2012 Calendar of Reporting Dates, and Rule IS-2.017, Florida Administrative Code.

Please let me know if you need additional info1mation

Since1ely,

~~~<;--::~. Kristi Reid Bronson, Chief Bureau of Election Recmds

KRB/mcc

Enclosures

pc: Ms Jasmine Shay Johnson, Deputy Treasurer

EXHIBIT 2 pq- 3cl 3

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FEC - Candidate/Committee Fjl\ng History Report ( _

'

~o<cm search directorv contact us 411!subscribe1tour1 help

Florida Department of State - Division of Elections Florida Election System Reports

Candidate/Coinmittee Lookup

Man1e:

Election:

'::cl 58116

r ,pB Candidate

Candidate Name: John "JJ" Johnson

Account: 581 rn

Date Due Type Date

Status Days Filed Late

11/12/2012 TR 3/19/2013

8/10/2012 F3 8/10/2012

7/27/2012 F2 7/27/2012

7/13/2012 F1 7/13/2012

··-----------------

EXHIBIT _ _:::.3 __ _

Fine Assessed

Page 1 of 1

Appealed Amount An-1ount

Fined Paid

https://doesecure dos state fl us/foc/F ilingHistory Asp? AcctNum=58 l 16&cboElection=&c 3/29/2013

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' 1,

FLORIDA DEPARTMENT OF STATE Ken Dctzner

Secretary of State

DIVISION OF ELECTIONS

July 18, 2012

Mr John "J J" Johnson 504 No1thwest 54th Street Miami, FL 33127-3127

Dear Mr Johnson:

The Division of Elections has determined that the repor1 for the following cover period is incomplete for the reasons attached

Year Type 2012 F1

Cover Period 6/7/12 - 7/6/12

Pursuant to Section I06.07(2), Florida Statutes, you have 7 days from receipt of this notice to file an amended report supplying the missing information or provide an explanation fot the ent1ies We are requited by law to fllrther advise you that failure to supply this information within the time allowed constitutes a violation of Chaptct 106, Florida Statutes

lf you need assistance in filing an amendment, please contact the Division's help line at (850) 245-6280

Sincerely,

~~-~-·?.-Kristi Reid Bronson Chief, Bureau of Election Records

Attachment

Room316RA Gray Building• 500SoulhBronoughSrreet • Tallahassee,F1orida32399-0250 • (850)245-6280 FAX: (850) 245··6260 • WWW Address: http://www..dos.state.n .. us • E-Mail: DivEleC1iom ~;dus sta1efl us

EXHIBIT 4 f?8 .··\ ot 3

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1/3/2013 Florida Department of State - OiVisiOD of Elections Page 1

--------------- -------

Candidate: John "JJ'' Johnson

Report: 2012 F1 (1) Covering Period: 617/12 - 7/6/12

Contrilllllions ---------------Contributor Name Address

2 06/07/12 JOHNSON JOHN 504NW54 ST

Error Report

City/State/Zip MIAMI, FL 3-3127

"'Contribution Amounts Are Limited To $500 For.This Contributor Type

*Occupation/Busrness Required When ContributiOn is Greater Than $100 ---·-·-·-·-·------··----------------------

06/06/12 JOHNSON JOHN 504NW54 ST MIAMI. Fl

*The Transaction Date Is Either Before Or After The Report Coverage Penod

Expenditures

Fund Transfers

Other Distributions

Office: STS

Account: 58116

-------------Contribution---------------Tupg Occupation Tupg Amount inKind Descnp Amend °"f' LOA $2,000.00

-··----·---·-------s LOA $100.00 UPD

- ' ---------- i

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11312013 Florida Department of State - Division of Bections ··--··----··---------

_____ co_m~pn;i_nce_llflllD__rt ______ _ Candidate: John "JJ" Johnson

Report: 2012 F1 (1) Covering Period: 6/7/12 - 7/6/12

over an

Contributions

Expenditures

Statute 106.07

Fund Transfers

Other Distributions

Description Seq Date Name

Petty Cash Spent not reported 2 6/20/2012 JOHNSON JOHN

Office: STS

Account: 58116

Expenditure City

Page i

Il!rut Amount

PCW $100.00

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FLORIDA DEPARTMENT OF STATE

Second Noli£~

August .3, 2012

Mr, John "JI" Johnson 504 Nmthwest 54th Street Miami, FL33127-3127

Dear Mr Johnson:

Ken Detzner Secretary of State

DIVISION OF ELECTIONS

SECOND NOT\CE

On July 18, 2012, you were advised that one or more of your campaign treasurer's reports were incomplete and that you had 7 days to file amended reports providing the requested information

The Division's electronic filing system indicates that the required amendments have not been made .. Pursuant to Section 106 22, Florida Statutes, the Division is required to notify the Florida Elections Commission of the failure to provide information required by Chapter I 06,, Accordingly, if the information requested in our prior notice is not received within? days of receipt of this letter, we will refer this matter to the Commission A second copy of the enor report is attached for your convenience

Sincerely,

~ :::u c-~ ~ ' ) ,A.--X. =-/ '!-~

Kristi Reid Bronson, Chief Bureau of Election Records

Attachment

Room 316 R.A Gray Building o 500 South Bronaugh Street • Tallahassee. Florida 32399-0250 • (850) 245-6280 FAX: (850) 245-6260 • WWW Address: http://www. dos,stateJl us • E-Mail: DivE/ections@mai/do< statejl us

EXHIBIT _____ S ____ _

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( (

FLORIDA DEPARTMENT OF STATE Ken Dctzner

August I 6, 2012

Mr John "JJ" Johnson 504 Northwest 54th Street Miami, FL 33127 .. Jl27

Dear Mr .Johnson:

Secretary of State

DIVISION OF ELECTIONS

The Division of Elections has determined that the report for the following cover period is incomplete for the reasons attached.

Year_ T)'pe ____ Cover Period 2012 F3 7/21/12 · 8/9/12

Pursuant to Section 106 .07(2), Florida Statutes, you have 7 days from receipt of this notice to file an amended report supplying the missing information or provide an explanation for the entries We are required by law to forther advise you that failure to supply this information within the time a!low~d constitutes a violation of Chapter 106, Florida Statutes

If you need assistance in filing an amendment, please contact the Division's help line at (850) 245-6280

Sincerely, __

~~t;f)~ 3 I

Kristi Reid Bronson Chief, Bureau of Election Records

Attachment

Room 316 RA Gray Building o 500 South Br onough Street o Tallahassee, Florida 323 99-0250 • (850) 245-6280 FAX: (850) 245-6260 o WWW Address: http://www.dos .. statefl.us • E-Mail: DivF;[email protected]

EXHIBIT la M. I ot 2

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1/3/2013 Florida Department of State - Division of Elections Page 1

----------Error Re~ort ____ _

Candidate: John "JJ'' Johnson Office: STS Report: 2012 F3 (3) Covering Period: 7/21/12 - 8/9/12 Account: 58116

Contributions ---------------Contributor------------------- -------------Contribution---------------Name Address City/State/Zip ~ Occupation ~ Amount lnKind Descrlp

SUTTON JOHN 2655 LE JEUNE RD, PH-11 CORAL GABLES, FL 3-3134 AlTORNEY CHE $100.00

*The Transaction Date Is Either Before Or After The Report Coverage Penod

Expenditures

Fund Transfers

Other Distributions

l\J

~ N

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Holdeen, Theresa A.

from: Sent: To: Subject: Attachments:

lmpor·tance:

Mr :Johnson,

Holdeen, Theresa A Friday, August 24, 2012 1:11 PM 'insurejj@aol com'

(

#58116 John Johnson (2012 Fl & F3 reports) - INCOMPLETE #58116 John Johnson (2012 Fl Audit) 1st Notice pdf; #58116 John Johnson (2012 Fl Audit) 2nd Notice.pdf; #58116 John Johnson (2012 F3 Audit) 1st Notice . .pdf

High

Attached are copies of previously mailed notices regarding errors that need to be corrected in your campaign finance reports Please correct this reports immediatejy to avoid referral to t·he Florida Elections Commission .. The Florida Elections Commission can impose civil penaltie.s of up to $1000 per violation

If you need assistance amending this report, please contact our Help Desk Line at (850) 245-6280 ..

Thank you in advance for your immediate attention to this matter ..

Theresa Bureau of Election Records

EXHIBIT .. _1-_,_,__ __ _

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RICK SCOTT Governor

/

t.

FLORIDA_ DEPARTMENT~Qf STATE

Fl.NAL NOTICE.- Delivcry_£onfiwatioI?_; 0312 0860 0001 3406 8774

September 20, 2012

Mr. John Johnson, Candidate State Senate, District 39 (58116) 504 Northwest 54'11 Street Miami, Florida ll 12 7

Dear Mr Johnson:

KENDETZNER Secretary of St.ate

You have been advised on several occasions that one or more of your campaign treasuier reports were incomplete and that you had 7 days to file amended reports providing the requested infoimation. The following report needs amending:

Year Report Cover feriod

2012 Fl 4/1/12-7/6/12

For your convenience, a copy of the enm repoit is attached. If the report is not filed !!'.tihi!!.1 days of receipt of this letter, the Division will forward this matte! to the Floiida Elections Commission for further action Section 106.265(1 ), Florida Statutes, authorizes the F 101 ida Elections Commission to impose civil penalties of up to $1,000 per violation

lf you have any questions please call Theresa l!oldeen at (850) 245-6250

Sincerely,

~/L-~;;(-~~~--15 __

~ll VIVA flO~WA500

Kiisti Reid Bronson, Chief Bureau of Election Records

KRB/tah

Enclosuie(s)

R A. G•ay Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6240 • Facsimile: {850) 245··6259 www.<los .. state.fl.us

Commemor·ating 500 year·s of Florida htstory www .. fla500 .. com

EXHIBIT_~8~PCl. Jof 2

~ VIVA flORWA500

Page 31: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

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Page 32: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

I, {

FLORIDA DEPARTMENT OF STATE

Second Notice

September 20, 2012

Mr John" JJ" Johnson 504 Northwest 54th Sueet Miami, FL 31127-3127

Dear Mr .Johnson:

Ken Detzner Secrelary of S1ate

DlV!SlON OF ELECTIONS

On August l6, 2012, you were advised that one or more of your campaign treasmer 's reports were incomplete and that you had 7 days to file amended reports providing the requested information

The Division's electronic filing system indicates that the required amendments have not been made .. Pursuant to Section 106.22, Florida Statutes, the Division is required to notify the Florida Elections Commission of the failure to provide information required by Chapter 106 Accordingly, if the information requested in om prior notice is not received within 7 days of receipt of this letter, we will refer this matter to the Commission A second copy of the enot report is attached for your convenience

Sincerely,

~~-~~~··-p __ Kristi Reid Bronson, Chief Bureau of Election Records

Attachment

EXHIBIT_-'g'-----Room 316 RA GrwBuilding • 500 South Bronough Street • Tallahassee, Florida 32399··0250 • (850) 245-·6280 f AX: (850) 245-6260 o WWW Address: http://www .. dos.stale .. fl us e E-Mail: DivE!e<tions@mail dos 11atef/ us

Page 33: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

RICK SCOTT Governor

f.INAL NOIICE-Dclivery Confirmation: 0312 0860 000134069306

December 6 .. 2012

Mr John Johnson (58116) 504 Northwest 54'h Street Miami, Florida 33127

Dear Mr Johnson:

KEN DETZNER Secretary of State

You have been advised on several occasions that one or more of your campaign treaswer reports were incomplete and that you had 7 days to file amended reports providing the requested information The following report needs amending:

Year Repor! i;over ~eriod.

2012 F3 7/21/J2-8/9/12

For your convenience, a copy of the en or report is attached If the report is not filed within 7 days of receipt of t!iis letter, the Division will forward this matter to the Florida Elections Commission for further action Section 106 265(1 ), Florida Statutes, authorizes the Florida Elections Commission to impose civil penalties of up to $1,000 per 'iolation.

If you have any questions please call Theresa Holdeen at (850) 245-6240

Sincerely,

~A--<-:; ( :f)vz~ ~···

)l VIVA HORIDA 500

Kristi Reid Bronson, Chief Bureau of Election Records

KRB/tah

pc: Jasmine Shay lohnson Deputy Treasurer

Enclosure(s)

R A. Gray Building • 500 South Bronough Street • Tallahassee, Fforida 32399··0250 Telephone: (8501245-6240 • Facsimile: (850) 245-6259 www.dos .. state.fl us

Commemor·ating 500 years of.Florida history www .fla500,,com

EXHIBIT . .I 0 pg Io+ 2.

.)l VIVA HORIU!500

Page 34: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

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Page 35: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

, I •

FLORIDA ELECTIONS COMMISSION 107 W .. Gaines Street,

Suite 224 Collins Building Tallahassee, Florida 32399-1050

Telephone: (850) 922-4539 Fax: (850) 921··0783

Januaiy 22, 2013

CERTIFIED MAIL 7004116000491861657

Jon Johnson 504 NW 54th Street Miami, FL 33127

RE: Case No.: FEC 13-018, Respondent: Jon Johnson

Deai Mr. Johnson:

On J anuaiy 8, the Florida Elections Commission received the enclosed complaint alleging that you violated Florida's election laws Section 106.25(2), Florida Statutes states:

The respondent shall have 14 days after receipt of the complaint to file an initial response, and the executive director may not determine the legal sufficiency of the complaint during that time period

If you choose to file a response to the complaint, please send it to my attention at the address listed above To ensme that I receive your response in a timely mannei, you may also want to send it via e·-mail to my attention, at [email protected]. You will be notified by letter whether the complaint is determined legally sufficient Please note that all correspondence from this office will be mailed to the saine address as this letter .. Therefore, if your address changes, you must notify us of your new address

Under section 106 .25, Florida Statutes, complaints, Commission investigations, investigative reports, and other documents relating to an alleged violation of Chapters 104 and 106, Florida Statutes, aie confidential until the Commission finds probable cause or no probable cause The confidentiality provision does not apply to the person filing the complaint. However, it does apply to you, the Respondent, unless you waive confideJitiality in writing

EXHIBIT I \ f~ . I of 3

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( .

The confidentiality provision does not preclude you from seeking legal counsel. However, if you retain counsel, your attorney must file a notice of appearance with the Commission before any member of the Commission staff can discuss this case with him or her

Sincerely,

~~ ~-t-AJL~~-' Donna Ann Malphurs · Agency Clerk

Enclosure: Complaint w/attachments

EXHIBIT I I pg· 2 at 3

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, I,

SENDER: COMPLETE THIS SECTION

• 9ompletE> Items 1, 2, and~. )\ll!o complete i,tem 4 if Restricted Delivery;~ desired,

• Print your name and address on the reverse &-o that we call return the card to_ you.

• Attach this .card to the back of the mail piece, or oo_the Irontif.si;>8-ce permits. ·

1 ArtfCle Addressed to:

~ "Jo~'W\$01'. -· _.· .. __ ._· f.¥;~'. 50'1 NW S~~·f§'?/ fl\i~0 FI 33f~"'J

. - • • •

D Agent a Addressee

°!!t'tt °1)·~ D. Is dellVet)I addressdifleientfrom Item~? 0 Yes

If YES, enter dellvery ad~ress below: CJ No

3~ ... ~rvlce Type IQ. Certlfled Mall 0 Ex~ress Mall CJ fleglstel'ed 0 Return i;teoelpt for Merchandise 0 Insured Mall 0 C.O.D.

4 Restricted' Del/very? (Extra Fee) a Yes ---------------~---~~~---~------------

2 .. f\rtlcle Number (T:ranste,r from servicq fabef) · 7004 1160 0004 9186 1657

PS Form 3811, February 2004 Domestic ~urn Receipt ·

EXHIBIT 11 ~. 3ot 3

Page 38: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

' I (

FLORIDA ELECTIONS COMMISSION 107 W .. Gaines Street,

Snite 224 Collins Building Tallahassee, Florida 32399-1050

Telephone: (850) 922-4539 Fax: (850) 921-0783

Apiil 29, 2013

CERTIFIED MAIL 70042510000147396005

John Johnson 504 NW 54th Street Miami, FL 33127

RE: Case No.: FEC lJ.-018; Respondent: Jon Johnson

Dear Mr Johnson:

On January 8, 2013, the Floiida Elections Commission ieceived a ieforral from the Division of Elections alleging that you violated Floiida's election laws .. I have reviewed the referral and find that it contains one oi more legally sufficient allegations The Commission staff will investigate the following alleged violations:

Section 106,07(2)(b)l., Florida Statutes: John Johnson, candidate foi the office of State Senator, District 39, and designated as the treasurer for his own campaign dming the 2012 gene1al election cycle, failed to timely file an addendum to his 2012 Fl and F3 Reports, after notice from the Department of State, Division of Elections, that the reports required amendment.

You may respond to the allegations above by filing a notarized statement providing any information regarding the facts and circumstances surrounding the allegations.. If you choose to file a response to the alleged violations, you should do so within 20 days of the date you 1eceive this letter Your response will be included as an attachment to the investigator's report

When we conclude the investigation, you will receive a copy ofthe Repo1t of!nvestigation. You may file a response to the report within 14 days from the date the report is mailed to you Based on the results of the investigation, legal staff will make a written recommendation to the Commission on whether there is probable cause to believe you have violated Chapter 104 or 106, Florida Statutes.. You will receive a copy of the Staff Recommendation and may file a response within 14 days from the date the recommendation is mailed to you Yom timely filed response(s) will be considered by the Commission when determining probable cause ..

The Commission will then hold a hearing to determine whether there is probable cause to believe you have violated Chapters 104 or 106, Florida Statutes You and the complainant will receive a

ComOll (10/07) EXHIBIT \ '2 pj. I of 3

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notice of heaiing at least 14 days before the hearing. The notice of hearing will indicate the location, date, and time of yom heaiing You will have the opportunity to make a brief oral statement to the Commission, but you will not be permitted to testify or call others to testify, or introduce any documentary or other ev.idence

At any time before a probable cause finding, you may notify us in writing that you want to enter into negotiations directed towards reaching a settlement via consent agreement

The Report of Investigation, Staff Recommendation, and Notice of Hearing will be mailed to the saine address as this letter Therefore, if yom address changes, you must notify the investigator assigned to this case of your new address Otherwise, you may not receive the conespondence from the staff Failure to receive the documents will not delay the probable cause hearing.

Under section 106 .25, Florida Statutes, complaints, Commission investigations, investigative reports, and other documents relating to an alleged violation of Chapters 104 and 106, Florida Statutes, ar·e confidential until the Commission finds probable cause or no probable cause. The confidentiality provision does not apply to the person filing the complaint However, it does apply to you, the Respondent, unless you waive confidentiality in writing.. The confidentiality provision does not preclude you from seeking legal counsel However, if you retain counsel, your attorney must file a notice of appearance with the Commission before any member of the Commission staff can discuss this case with him or her .

If you have any questions or need additional information, please contact Tracie Aulet, the investigator assigned to this case

Sincerely,

cc: Division of Elections, Complainant/Filing Officer

AMT/darn

EXHIBIT 12 'P~· 2o.f3

ComOl l (8/08)

Page 40: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

111 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired.

ra Print your name and address on the reverse so that we can return the card to you.

a Attach this card to the back of the mailpiece, or on the front if space permits ..

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B. Rece~v0d by (Printed Name) /

: / ,f

D. Is detlvery address different from item 1? If YES. enter delivery address below:

3. Serv5" Type :O•Certlfled Mail D Registered D Insured Mail

D Express Mall D Return Receipt for Merchandise

OC.O.D.

4 Restricted Delivery? (Extra Fee) D Yes

2 Article Number (Transfer from seN/ce /abeO 7004 2510 0001 4739 6005

PS Form 3811, February 2004 Domestic Return Receipt 10259S.02·M· 1540

EXHIBIT I 2 f9. 3cf3

Page 41: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

,. I

FEC 13-018 Tracie Aulet to: 06/19/2013 05:27 PM

~ !Ef· Letter to R and C opening case .. pdf Refe;;~df

Dear Mr Johnson,

The Florida Elections Commission has received a referral from the Division of Elections alleging that you failed to amend two campaign treasurer's reports while you were a candidate for State Senator, District 39 in the 2012 general election.

For your convenience, I have attached a copy of the Division's referral as well as copies of the Commission's letter notifying you of the referral and letter of legal sufficiency detailing the scope of the Commission's investigation of the allegations made in the Division's referral.

After you've had an opportunity to review these documents, please contact me so that we may discuss this matter

Please acknowledge receipt of this e-mail and the attached documents Thank you for your time and attention to this matter

Sincerely,

Tracie L Aulet Investigation Specialist II Florida Elections Commission The Collins Building, Suite 224 107 West Gaines Street Tallahassee, FL 32399

Please note that Florida has a broad public records law, and that all correspondence to me via e-mail may be subject to disclosure

EXHIBIT_.1-=3 __ _

Page 42: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

Mr John Johnson 504 NW 54th Street Miami, FL 33127

FLORIDA ELECTIONS COMMISSION The Collins Building

107 West Gaines Street, Suite 224 Tallahassee, Florida 32399-1050

(850) 922-4539

July 3, 2013

RE: Case No.: FEC 13-018

Dear Mr Johnson:

The Florida Elections Commission has been trying to contact you regarding a referral from the Division of Elections alleging that you failed to amend two campaign_ treasurer's reports while you were a candidate for State Senator, District 39 in the 2012 general election

For your convenience, I have attached a copy of the Commission's letter of legal sufficiency detailing the scope of the Commission's investigation of the allegations made in the Division's refenal

The Commission needs additional information concerning the allegations in the Division's refenal Therefore, please complete the attached affidavit, have it notarized, and return it to me by July 17, 2013

Section 106 .26, Florida Statutes, provides the Commission with the power to subpoena witnesses and documents However, your cooperation in responding to these questions will eliminate the need to subpoena you for deposition at this time

Thank you for your cooperation in this matter Please let me know if you have any questions My extension number is 114.

Sincerely,

Tracie Aulet Investigation Specialist

Enclosures: Letter of Legal Sufficiency Affidavit of Background Information

EXHIBIT 14- pq. I of: 4 InvOI I (6/08)

Page 43: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

AFFIDAVIT OF BACKGROUND INFORMATION Case Number: FEC 1.3-018

STATE OF FLORIDA County of Miami-Dade

John Johnson, being duly sworn, says:

I This affidavit is made upon my personal knowledge.

2 I am of legal age and competent to testify to the matters stated herein I am currently

employed by _______________ as _____________ _

3.. Have you ever run for public office? If so, please name the office(s) you ran for and the date(s) of the election(s) you ran in.

4 Have you ever been appointed to act as a campaign treasurer for a candidate? If so, please name the candidate(s) you served as treasurer, the office(s) the candidate ran for, and the dates of the election( s)

5 Have you ever held the office of chairperson, treasurer, board member, 01 other similar position for a political committee? If so, please list the names and addiesses of the committees and dates when you held the position

6 Have you ever held the office of chairperson, treasurer, board member, or other similar position for a committee of continuous existence? (Committee of continuous existence is defined in Section 106 .04, Florida Statutes ) If so, please list the name and addresses of the committees and dates when you held the position.

!nv040 (6/08) AffResp 13-018 I

EXHIBIT l4 \2@. 2 cJ f

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7. Have you ever prepared or signed a campaign treasurer's report? If so, please list the name of the candidate or committee whose report you prepared or signed

8 What action have you taken to determine your responsibilities under Florida's election laws?

9 Do you possess a copy of Chapter I 06, Florida Statutes? D Yes D No

IO If so, when did you first obtain it? -------------------

11

12

Have you read Chapter 106, Florida Statutes?

Do you possess a copy of Chapter I 04, Florida Statutes?

D Yes

D Yes

D No

D No

13. If so, when did you first obtain it? ------·-------------

14

15

Have you read Chapter I 04, Florida Statutes? D Yes

Do you possess a copy of the Candidate and Campaign D Yes Treasurer Handbook?

D No

D No

16 Ifso, when did you first obtain it? -----------------

17 Have you read the Candidate and Campaign Treasurer D Yes D No Handbook?

18 List any additional materials you received from the Division of Elections ..

19 The Division has mailed you several notices regarding your failure to amend your 2012 FI and 2012 F3 Reports while you were a candidate for State Senator, District 39 in the 2012 general election. Did you receive any of these notices?

D Yes D No

lnv040 (6/08) AffResp 13-018

EXHIBIT \4 pg. 3 o[4 2

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20.. Is there a reason you have not amended your 2012 Fl and 2012 F3 Reports? Please explain:

I HEREBY SWEAR OR AFFIRM THAI IHE FOREGOING INFORMAIION IS IRUE AND CORRECI IO !HE BEST OF MY KNOWLEDGE.

Case Investigator: ta

lnv040 (6/08) AffResp 13·018

Signature of Affiant

Sworn to (or affirmed) and subscribed before me this day of

---------------' 2013

Signature of Notary Public. State of Florida

Print, Type, or· Stamp Commissioned Name of Notary Public

Personally Known ___ or Produced Identification __ _

lype of Identification Produced:---------~

EXHIBIT I 4 P3 · 4 Df4 3

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\ I . 7/19/2013 Queued Items for 2012-F1 Page 1

Account: 58116 STS 039 John "JJ" Johnson Rpt Seq: 1

PtocessDescf'iption Status Submitter CT'eated LastUpdate Create Pending Report Processing Complete 58116 7/13/201211:51:07PM 7 /13/2012 11 :51 :07 PM

Process Uploaded File Processing Complete 58116 7/13/201211:51:07PM 7/13/201211:51:07PM

Review Pending Report . Processing Complete 58116 7/13/2012 11:57:41 PM 7/13/2012 11:57:41 PM

Review Pending Report Processing Complete 58116 7/13/2012 11:58:25 PM 7/13/2012 11:58:25 PM

File Pending Report Processing Complete 58116 7/13/2012 11:59:03 PM 7/13/2012 11:59:03 PM

Amend Filed Report Processing Complete 58116 7/16/2012 5:02:03 PM 7/16/2012 5:02:03 PM

Recalc Pending Report Total Processing Complete 58116 7/16/2012 5:12:45 PM 7/16/2012 5:12:45 PM

Recalc Pending Report I otal Processing Complete 58116 7/16/2012 5:12:59 PM 7116/2012 5:12:59 PM

Recalc Pending Report Total Processing Complete 58116 7/16/2012 5:35:23 PM 7/16/2012 5:35:23 PM

File Pending Report Processing Complete 58116 7/16/2012 5:39:13 PM 7/16/2012 5:39:14 PM

Review Filed Report Processing Complete taholdeen 7/17/2012 12:46:15 PM 7/17/2012 12:46:15 PM

Review Filed Report Processing Complete taholdeen 8/2/2012 4:35:11 PM 8/2/2012 4:35:11 PM

Review Filed Report Processing Complete taho!deen 9/19/2012 12:32:42 PM 9/19/2012 12:32:43 PM

Review Filed Report Processing Complete 58116 3/18/2013 9:55:12 PM 3/18/2013 9:55:14 PM

Amend Filed Report Processing Complete 58116 3/18/2013 9:56:08 PM 3/18/2013 9:56:08 PM

Review Pending Report Processing Complete 58116 3/18/2013 9:56:32 PM 3/18/2013 9:56:32 PM

Review Pending Report Processing Complete 58116 3/18/2013 10:00:00 PM 3/18/2013 10:00:00 PM

File Pending Report Processing Complete 58116 3/18/2013 10:03:08 PM 3/18/2013 10:03:09 PM

EXHIBIT 15 P3· lo~2

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7/19/2013

Account: 58116

RptSeq: 3

ProcessDescription

Create Pending Report

Recalc Pending Report I otal

File Pending Report

Review Filed Report

Review Filed Report

Amend Filed Report

Review Pending Report

Review Filed Report

Review Pending Report

File Pending Report

Queued Items for 2012-F3 Page 1

STS 039 John "JJ" Johnson

Statm Submitter Cr~ated Last Update

Processing Complete 58116 8/10/2012 11:48:26 PM 8/10/201211:48:26 PM

Processing Complete 58116 8/10/2012 11:49:45 PM 8/10/201211:49:45 PM

Processing Complete 58116 8/10/201211:50:53 PM 8/10/201211:50:53 PM

Processing Complete taholdeen 8/15/2012 2:35:55 PM 8/15/2012 2:35:55 PM

Processing Complete 58116 3/18/2013 10:05:38 PM 3/18/2013 10:05:38 PM

Processing Complete 58116 3/18/2013 10:07:16 PM 3/18/2013 10:07:16 PM

Processing Complete 58116 3/18/201310:08:18PM 3/18/2013 10:08:18 PM

Processing Complete 58116 3/18/2013lO:J1:12 PM 3/18/201310:11:12PM

Processing Complete 58116 3/18/2013 10:11:26 PM 3/18/2013 10:11 :26 PM

Processing Complete 58116 3/18/2013 10:12:09 PM 3/18/2013 10:12:09 PM

EXHIBIT ( S ?~ . 2 cf 2

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RE: Account #58116; John Johnson Bronson, Kristi R to: I racie Aulet 07/19/2013 11 :33 AM Show Details

2 Attachments

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He has made corrections but he still has errors

Re~a1d~.

/(ri\ti Rehl Bronw11, Chief [)ivisio11 ojElectiom, Bureau of Election Recmds (850) 245-6240

From: Lawson, Terri S,, Sent: Friday, July 19, 2013 11:14 AM To: 'Tracie Aulet' Cc: Bronson, Kristi R, Subject: RE: Account #58116; John Johnson

Tracie,

Please see attached files for Johnson's 2012 Fl and F3 reports

I noted two errors on the 2012 Fl contribution report still showing

Terri Sue

Terri Sue Aldridge Lawson Senior Management Analyst Bureau of Election Records Florida Department of State RA. Gray Building 500 S Bronough Street Tallahassee, FL 32399 (850) 245-6243 (direct line)

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Note: This response is provided fot reference only and does not constitute a fo1mal legal opinion or representation from the Department of State or the Division of Elections As applied to a particular set ot facts or circumstances, interested parties should refer to the Florida Statutes and applicable case la\\, and' or consult an attorney to rep1esent their interests before drawing any legal conclusions or relying upon the information prn,ided

@ltsWorkingFL I The Department of State is leading the

EXHIBIT \ le Pj . l 6f '2

file://C:\Users\Aulett\AppData\Local\Temp\notesFCBCEE\-web8491 htm 7/23/2013

Page 49: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

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commemoration of Florida's 500th annive:rsary in http://www. vivaflm ida.org"> 2013. For more information, please go to

http://www.vivaflorida.org">http://www. vivaflorida .org TODAY

The Department of State is committed to excellence Please take our http://survev.dos.state.fLus/index.aspx?

[email protected]">Customer Satisfaction Survey

From: Tracie Aulet [mailto:[email protected]">mailto:[email protected]] Sent: Friday, July 19, 2013 10:31 AM To: Lawson, Terri S .. Subject: Account #58116; John Johnson

Good Morning, Teui Sue

Would you please forward me copies of Mr Johnson's 2012F1 and F3 reports currently on file, as well as the queued transactions for each report?

Has Mr Johnson made the necessary amendments to these reports, and if so are they now couect as filed?

As always, thanks for your help

Tracie L Aulet Investigation Specialist II Florida Elections Commission The Collins Building, Suite 224 107 West Gaines Street Tallahassee, FL 32399

Please note that Florida has a broad public records law, and that all correspondence to me via e-mail may be subject to disclosu1e

EXHIBIT \lo ~ 2 cf 2

file://C:\Users\Aulett\AppData\Local\lemp\notesFCBCEE\-web8491 htm 7/23/2013

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STATEMENT OF CANDIDATE

(Section 106.023, F..S .. )

(Please print or type) i

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O!VISION OF ELECTIOHS TA! . AH ASS EE. FL

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1, _JJbn LlJJn-J)o . )(_,___ ____ _ ---·-------

candidate for tt1e office of 5+-Clf( · 511 1r.11e _ i) 1 :Jt( 1 Cf 30 )

have been pmvided access to read and understand the requirements of

Chapter 106, Florida Statutes ..

~-~f:i_Z.._ ate

Each candidate must file a statement with the qualifying officer within 10 days after the Appointment of Campaign Treasurer and Designation of Campaign Depository is filed Willful failure to file this form is a first degree misdemeanor and a civil violation of the Campaign Financing Act which may result in a fine of up to $1,000, (ss 10619(1)(c), 106 265(1), Florida Statutes).

DS-DE 84 (05 'I I)

EXHIBIT ,_,_I 'f_.__ __

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FLORIDA ELECTIONS COMMISSION PHONE LOG

Case No.: FEC 13-018

Respondent: John Johnson

Complainant: Division of Elections

1 Date and time: June 24, 2013; 10:24 a.m Name: Respondent Phone#: 305-758-7022 Summary: The female I spoke with stated R had not yet reached the office. I left my name and number and asked that he return my call Memo to File? No Entered by: ta

2 Dateand time: July 19, 2013; 10:18 a.m Name: Respondent Phone#: 305-758-7022 Summary: The female I spoke with stated R was not in the office. I left my name and number and asked that he return my call Memo to File? No Entered by: ta

3 Date and time: Name: Phone#: Summary: Memo to File? No Entered by:

4 Date and time: Name: Phone#: Summary: Memo to File? No Entered by:

5.. Date and time: Name: Phone#: Summary: Memo to File? No Entered by:

6 Date and time: Name: Phone#:

InvOO I (10/07)

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Page 53: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

FLORIDA ELECTIONS COMMISSION 107 W" Gaines Street,

Suite 224 Collins Building Tallahassee, Florida 32399-1050

Telephone: (850) 922-4539 Fax: (850) 921-0783

April 29, 2013

CERTIFIED MAIL 70042510000147396005

John Johnson 504 NW 54th Street Miami, FL 33127

RE: Case No.: FEC 1.J.·018; Respondent: Jon Johnson

Dear Mr Johnson:

On January 8, 2013, the Flo1ida Elections Commission received a refonal from the Division of Elections alleging that you violated Flo1ida's election laws .. I have reviewed the refenal and find that it contains one or more legally sufficient allegations The Commission staff will investigate the following alleged violations:

Section 106 .. 07(2)(b)l., Florida Statutes: John Johnson, candidate for the office of State Senato1, Dist1ict 39, and designated as the treasurer for his own campaign dming the 2012 general election cycle, failed to timely file an addendum to his 2012 Fl and F3 Reports, after notice from the Department of State, Division of Elections, that the reports required amendment

You may respond to the allegations above by filing a notatized statement providing any information regarding the facts and citcmnstances smrounding the allegations.. If you choose to file a response to the alleged violations, you should do so within 20 days of the date you receive this letter Yom response will be included as an attachment to the investigator's report

When we conclude the investigation, you will receive a copy of the Report of Investigation .. You may file a response to the repott within 14 days from the date the report is mailed to you Based on the 1esults of the investigation, legal staff will make a written recommendation to the Commission on whether there is probable cause to believe you have violated Chapter 104 or 106, Flotida Statutes You will receive a copy of the Staff Recommendation and may file a response within 14 days from the date the recommendation is mailed to you.. Your timely filed response(s) will be considered by the Commission when determining probable cause.

The Commission will then hold a hearing to determine whether there is probable cause to believe you have violated Chapters 104 or I 06, Florida Statutes You and the complainant will receive a

ComOI I (10/07)

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notice of hearing at least 14 days before the hearing. The notice of hearing will indicate the location, date, and time of your hearing You will have the opportunity to make a brief oral statement to the Commission, but you will not be permitted to testify or call others to testify, or introduce any documentary or other evidence ..

At any time before a probable cause finding, you may notify us in writing that you want to enter into negotiations directed towards reaching a settlement via consent agreement

The Report of Investigation, Staff Recommendation, and Notice of Hearing will be mailed to the same address as this letter Therefore, if your address changes, you must notify the investigator assigrred to this case of your new address Otherwise, you may not receive the correspondence from the staff. Failure to receive the documents will not delay the probable cause hearing

Under section 106 25, Florida Statutes, complaints, Commission investigations, investigative repo1ts, and other documents relating to an alleged violation of Chapters 104 and 106, Florida Statutes, are confidential until the Commission finds probable cause or no probable cause. The confidentiality provision does not apply to the person filing the complaint However, it does apply to you, the Respondent, unless you waive confidentiality in writing. The confidentiality provision does not preclude you from seeking legal counsel.. However, if you retain counsel, your· attorney must file a notice of appearance with the Commission before any member of the Commission staff can discuss this case with him or her

If you have any questions or need additional information, please contact Tracie Aulet, the investigator assigned to this case.

Sincerely,

cc: Division of Elections, Complainant/Filing Officer

AMT/darn

ComOl l (8/08)

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FLORIDA ELECTIONS COMMISSION 107 W .. Gaines Street,

Suite 224 Collins Building Tallahassee, Florida 32399-1050

Telephone: (850) 922-4539 Fax: (850) 921-0783

Januaiy 22, 2013

CERTIFIED MAIL 7004116000491861657

Jon Johnson 504 NW 54th Street Miaini, FL 33127

RE: Case No.: FEC 13-018, Respondent: Jon Johnson

Deai Mr. Johnson:

On J anuaiy 8, the Florida Elections Commission received the enclosed complaint alleging that you violated Florida's election laws Section 106 .25(2), Flo1ida Statutes states:

The respondent shall have 14 days after receipt of the complaint to file an initial response, and the executive director may not determine the legal sufficiency of the complaint during that time period

If you choose to file a response to the complaint, please send it to my attention at the address listed above. To ensure that I receive your response in a timely manner, you may also want to send it via e-mail to my attention, at [email protected] You will be notified by letter whether the complaint is determined legally sufficient Please note that all correspondence from this office will be mailed to the same address as this letter. Therefo1e, if yow address changes, you must notify us of your new address.

Under section 106.25, Florida Statutes, complaints, Commission investigations, investigative reports, and other documents relating to an alleged violation of Chapters 104 and 106, Florida Statutes, aie confidential until the Commission finds probable cause or no probable cause The confidentiality provision does not apply to the person filing the complaint. However, it does apply to you, the Respondent, unless you waive confidentiality in writing.

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The confidentiality provision does not preclude you from seeking legal counsel.. However, if you 1 etain counsel, your attorney must file a notice of appearance with the Commission before any member of the Commission staff can discuss this case with him 01 her

Enclosme: Complaint w/attachments

Sincerely,

~~/ ~-lfvt*°Jv-' Donna Ann Malphurs Agency Clerk

Page 58: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

John Johnson

Candidate: John Johnson Treasurer: John Johnson

DIVISION OF ELECTIONS REFERRAL FORM

Person named/notified: John Johnson

I '·

58116

The Division of Elections is referring this issue to the Florida Elections Commission pursuant to s. 106.25, F.S Addendums have not been filed pursuant to s. 106 .. 07(2)(b)1, FS for the following reports:

2012 F1 2012 F3

t}f} Sent By: Kristi Bronson ~ Date: January 7, 2013

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Page 59: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

STATE OF FLORIDA County of Leon

AFFIDAVIT

Theresa Holdeen, being duly sworn, says:

1 This affidavit is made upon my personal knowledge

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2. I am of legal age and competent to testify to the matters stated herein

3 John Johnson (58116) was a candidate fox the office of State Senator, DistJict 39, during the 2012 election cycle Mr Johnson has failed to make the necessary amendments on the 2012F1 and 2012 F3 campaign finance reports

4. On June 7, 2012, John Johnson filed the Appointment of Campaign Treasurer and Designation of Campaign Depository with the Division Mr. Johnson appointed himself as treasui er.

5 On July 18, 2012, the Division mailed Mr .. Johnson notification of the incomplete 2012 F 1 campaign finance report.

6 On August 3, 2012, the Division mailed the candidate a second notice regarding the incomplete F 1 report.

7 On August 16, 2012, the Division mailed Mr Johnson notification of the incomplete 2012 F3 campaign finance report

8 On August 24, 2012, this division employee sent an email to Mr Johnson regarding the incomplete F 1 and F 3 reports.. (See attached copy of email & receipt of delivery)

9 On September 20, 2012, the Division mailed the candidate a second notice regaiding the incomplete 2012 F3 report

10. On September 20, 2012, the Division mailed a final notice with delivery confirmation, to Mr .. Johnson regaiding the incomplete 2012 Fl report (See attached confirmation of delivery).

11 On December 6, 2012, the Division mailed a final notice with delivery confirmation, to the candidate regaiding the incomplete 2012 F3 report (See attached confirmation of delivery)

12. As of January 7, 2013, the 2012 Fl and F3 campaign finance reports remain incomplete

INV035 (5/00)

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I hereby swear or affirm that the foregoing information is true and correct to the best of my knowledge.,

INV035 (S/00)

q~e& kk(l)QQD Signature of Affiant

Sworn to (or affomed) and subscribed before me this 1'h day of January, 2013.

Signature o Print, T r Stamp Commissioned Name of Notary Public

Personally Known-~---JOE\. MYNARO

_ MY COMM\SSIO~ ff DD 962.588 ~ EXPIRES: May 16, 2014 ~ Bonded ihru Nolal'Y Public: Under.vrilers

" 0000;)3

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Page 63: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

HISTORY NOTES John "JJ" Johnson - 58116

Unique ID Date Recorded Last Edited Date Orginally Recorded By

31804

2012 TR FF:

Sent the following email:

Mr Johnson

12/19/2012 3:50:00 PM taholdeen

Attached are copies of previously mailed notices with regards to the 2012 Termination Report which to date still has not been filed. Your termination report was due November 12, 2012 Even if you had no financial activity. you still must go into the electronic filing system and file a waiver

You are in violation of Florida Statutes 106, and if this matter is referred to the Florida Election Commission, subject to possible civil penalties of up to $1000 per violation

If you need assistance with filing this report please contact the Division Help Desk line at (850) 245-6280

Thank you in advance for your immediate attention to this matter

30215

2012 F1 & F3 Audits:

8/24/2012 1:10:00 PM taholdeen

Sent the following email to candidate:

Mr -Johnson

Attached are copies of previously mailed notices regarding errors that need to be corrected in your campaign finance reports Please correct this reports immediately to avoid referral to the Florida Elections Commission The Florida Elections Commission can impose civil penalties of up to $1000 per violation

If you need assistance amending this report please contact our Help Desk Line at (850) 245-6280

Thank you in advance for your immediate attention to this matter -··-·-----··-------· ........ ________ ,,_ ··----------------------··--- ------------------ ------·

Page 1 of 1 Goo .. ,,~

U•.' b 1/7/2013

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FLORIDA DEPARTMENT OF STATE Ken Dctzner Secrctar) of State

DIVISION OF ELECTIONS

.July 18, 2012

Mr.. John "lf" Johnson 504 Northwest 54th Street Miami, FL 33127-3127

Dear Mr Johnson:

The Division of Elections has determined that the report for the following cover period is incomplete for the reasons attached

Year lype_ 2012 F1

Cover Period 6/7/12 - 7/6/12

Pursuant to Section 106 07(2), Florida Statutes, you have 7 days from receipt of this notice to file an amended report supplying the missing information or provide an explanation for the enuies. We are required by law to fi.lrther advise you that failure to supply this information within the time allowed constitutes a violation of Chapter 1 06, Florida Statutes

If you need assistance in filing an amendment, please contact the Division's help line at (850) 245-6280'

Sincerely,

~~~~-Kristi Reid Bronson Chief, Bureau ofF.lection Records

Attachment

Room 316 RA Gray Building • 500 South Bronaugh Street • Iallahassee, Florida 32399-0250 • (850) 245-6280 FAX: (850) 245-6260 • WWW Address: h1tp://www .. dos.statefl.us • E-Mail; Dil•E/e<1iomO,;du> >late fl us

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FLORIDA DEPARTMENT OF STA TE

Second Noti£~

August 3, 2012

Mr John "J J" Johnson 504 Northwest 54th Street Miami, FL :JJ 12 7-3127

Dear Mr . Johnson:

Ken Detzner Secretary of State

DIVISION OF ELECTIONS

SECOND NOT,CE

On July 18, 2012, you were advised that one or more of your campaign t1easure1 's reports were incomplete and that you had 7 days to file amended reports providing the requested information ..

The Division's electronic filing system indicates that the required amendments have not been made Pursuant to Section 106 22, Florida Statutes, the Division is required to notify the Florida Elections Commission of the failure to provide information required by Chapter 106 Accordingly, if the information requested in our prior notice is not received within 7 days of receipt of this letter, we will refer this 'matter to the Commission A second copy of the en or report is attached for your convenience

Sincerely,

~A~~~~ Kristi Reid Bronson, Chief Bureau of Election Records

Attachment

Room 316 R.A Gray Building o 500 South Bronough Sneet • Tallahassee Florida 32399-0250 • (850) 245-6280 FAX: (850) 245-6260 • WWW Address: http://wwwdos state .. fl us • E-Mail: DivE/ections@mai/ dos >1atef/ us

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Holdeen, Thel'esa A.

From: Sent: To: Subject: Attachments:

Importance:

Mr Johnson,

I

Holdeen, Theresa A Friday, August 24, 2012 1:11 PM 'insurejj@aol .. com'

(

#58116 John Johnson (2012 Fl & F3 reports) - INCOMPLETE #58116 John Johnson (2012 Fl Audit) 1st Notice pdf; #58116 John Johnson (2012 Fl Audit) 2nd Notice pdf; #58116 John Johnson (2012 F3 Audit) 1st Notice pdf

High

Attached are copies of previously mailed notices regarding errors that need to be corrected in your campaign finance re.ports. Please correct this reports Lmmediatejy to avoid referral to the Florida Elections Commission The Florida Elections Commission can impose civil penalties of up to $1000 per violation ..

If you need assistance amending this report, please contact our Help Desk Line at (850) 245-6280

Thank you in advance for your immediate attention to this matter.

Theresa Bureau of Election Records

l

Page 67: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

Holdeen, Theresa A.

From: Sent: To: Subject:

Recipient: [email protected]

insurejj@aol com Friday, August 24, 2012 1:30 PM Holdeen, Theresa A

( '-----

Re: #58116 John Johnson (2012 Fl & F3 reports) - INCOMPLETE

Subject: #58116 John Johnson (2012 Fl & F3 reports) - INCOMPLETE

Mr Johnson, Attached are copies of previously mailed notices regarding errors that need to be conected in your campaign finance reports. Please correct this reports immediately to avoid refonal to

,. () 00010

Page 68: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

~

RICK SCOTT Governor

(~_-

f!NAL NOTICE.- Delivery_£onfiunation; 0312 0860 000134068774

September 20, 2012

Mr John Johnson, Candidate State Senate, District .39(58116) 504 Northwest 54th Street Miami, Florida 3'312 7

Dear Mr Johnson:

KEN DETZNER Secretary of State

You have been advised on several occasions that one or more of your campaign tteasurer reports were incomplete and that you had 7 days to file amended reports providing the requested information The following report needs amending:

Year Report !;;~f.eriod

2012 Fl 4/1/12-7/6/12

For your convenience, a copy of the error report is attached If the report is not filed )Yithin.1 days of receipt of this letter, the Division will forward this matter to the Florida Elections Commission for further action Section 106.265(1), Florida Statutes, authorizes the Flo1ida Elections Commission to impose civil penalties of up to $!,000 per violation

If you have any questions please call Theresa J !oldeen at (850) 245-6250

Sincerely,

~/!--<-<--;(-·~~--~-Kristi Reid Bronson, Chief Bureau of Election Records

KRB/tah

Enclosure(s)

R A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6240 • Facsimile: (850) 245··6259 www.uos.state .. fl.us

Commemor·ating 500 year·s of Florida htstory www .. fla500 .. com .:ll VIVA flORIDA500. VIVA flDRrnA500

~ GOOJ1.1.

Page 69: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

1/3/2013 Rorida Department of State - DiVision of Elections Page 1

----·--·--------- -·------

----------·----Erro_!' Repol!_ ____ _ Candidate: John "JJ" Johnson Office: STS

Report: 2012 F1 (1) Covering Period: 6/7/12 - 7/6/12 Account: 58116

Contributions ---------------Contributor ------------- Contribution---------------Seq Date Name

2 06/07/12 JOHNSON JOHN

Address 504 NW54ST

City/State/Zip MIAMI, Fl 3-3127

*Contribution Amounts Are Limited To $500 For.T_his Contributor Type

*Occupation/Business Required When Contribution Is Greater Than $100

06/06/12 JOHNSON JOHN 504 NW54ST MIAMI, FL

*The Transaction Date ls Either Before Or After The Report Coverage Period

Expenditures

Fund Transfers

Other Distributions

Type Occupation Iv.og Amount lnKind Descrip Amend "r LOA $2,000.00

s LOA $100.00 -----···--------

UPD

·i-----------' i

-f\ ! •

Page 70: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

11312013 Rorida Department of State - Division of Bections

Candidate: John "JJ'' Johnson

Report: 2012 F1 (1) Covering Period: 6/7/12 - 7/6/12

overal

ContrBIUtiOns

Expenditures

Statute 106.07

Fund Transfers

Dtlter Distributions

., C)

= 0 ,.. ... ~'

Description Petty Cash Spent not reported 2 6/20/2012 JOHNSONJOHN

Office: STS

Account: 58116

Expenditure City

Page 1

~ Amount

PCW $100.00

,~ ..

Page 71: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

( ( __

FLORIDA DEPARTMENT OF ST ATE Ken Dctzner·

August 16, 2012

Mr. John ".J J" Johnson 504 Nmthwest 54th Street Miami, Fl 33127 .. J 127

Dear Mr Johnson:

Secretary of State

DIVISION OF ELECTIONS

The Division of Elections has determined that the report for the following cover period is incomplete fot the reasons attached

Year_ TYP'!....... Cover Period 2012 F3 7/21/12 - 8/9/12

Pursuant to Section I 06 07(2), Flotida Statutes, you have 7 days from receipt of this notice to file an amended report supplying the missing information or provide an explanation for the entries We are required by law to fotther advise you that failure to supply this information within the time allowed constitutes a violation of Chapter I 06, Florida Statutes

If you need assistance in filing an amendment, please contact the Division's help line at (850) 245-6280

Sincerely, -·;;;

~ _,t.~--t 47~ T> I

Kristi Reid Bronson Chief, Bureau of Election Records

Attachment

Room 316 RA Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 • (850) 245·6280 FAX: (850) 245-6260 • WWW Address: http://www.dos.state nus • E-Mail: DivF.lectiom@dos state// u1

Go;(''')1 I r1 .. 'U t.. -~· '±

Page 72: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

, I

FLORIDA DEPARTMENT OF STATE

Second Notice

September 20, 2012

Mt John "ll" Johnson 504 Northwest 54th Street Miami, FL 33127-3127

Dear Mr Johnson:

Ken Detzner Secretary of State

DIVISION OF ELECTIONS

On August 16, 2012, you were advised that one or more of your campaign treasu1er 's repoits were incomplete and that you had 7 days to file amended 1epo1ts providing the requested information

The Division's elecuonic filing system indicates that the required amendments have not been made .. Pursuant to Section 10622, Florida Statutes, the Division is required to notify the Florida Elections Commission of the failure to provide information required by Chapter 106 Accordingly, if the information requested in our prior notice is not received within 7 days of receipt of this letter, we will refi::r this matter to the Commission A second copy of the eno1 report is attached for your convenience

Sincerely,

~/t-~~+-i>~'"P--Kristi Reid Bronson, Chief Bureau of Election Records

Room 316 RA Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 • (850) 245-·6280 FAX: (850) 245-6260 • WWW Address: http://www dos state. fl us • E-Mail: DivE/ellions@mai/ do< 1talef/us

,, GODJ15

Page 73: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

RICK SCOTT Gover-nor

Flj'IAL NOJICE- Delivery Confirmation: 0312 0860 0001 3406 9306

December 6 .. 2012

Mr John Johnson (58116) 504 Northwest 54<h Street Miami, Florida 3 3127

Dear Mr. Johnson:

KENDETZNER Secretary of State

You have been advised on several occasions that one 01 more of your campaign treasurer reports were incomplete and that you had 7 days to file amended reports providing the requested information The follm;ying report needs amending:

Year Report £over P.er"iod.

2012 F3 7/21/12-8/9/12

For your convenience, a copy of the en or report is attached, If the report is not filed within 7 days of receipt of !his letter, the Division will forward this matter to the Florida Elections Commission for further action Section 106 265(1), Florida Statutes, authorizes the Florida Elections Commission to impose civil penalties of up to $1,000 per \iolation

If you have any questions please call Theresa Holdeen at ( 850) 245-6240

Sincerely,

cY; ~( -:f?u~ ~-

)l VIVA flORIOA 50~

Kristi Reid Bronson, Chief Bureau of Election Records

KRB/tah

pc: Jasmine Shay Johnson Deputy Treasurer

Enclosure(s)

R. A. Gray Building • 500 South Bronaugh Street • Tallahassee, Florida 32399 -025.0 'Ielephone: (850J 245-6240 • Facsimile; (850) 245-6259 WWW.dos ,state fl US

Commemorating 500 years of· Florida history www .. fla500 .. com

00 'j!'' ., G d .•. O

~~' VIVA HORIUA 50Il

Page 74: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

11312013 Aorida Department of State - Division of Bections Page 1

Error Rl!J!O.l'L __ _ Candidate: John "JJ'' Johnson Office: STS

Report: 2012 F3 (3) Covering Period: 7121112 - 819112 Account: 58116

Contrilmtltlns ---------------Contributor------------------- Contribution---------------Name

SUTTON JOHN

Address City/State/Zip ~ Occupation ~ CHE

Amount lnKind Descrip Amend

$100.00

Expemfitures

Fund Transfers

Other Distributions

2655 LE JEUNE RO, PH-11 CORAL GABLES, Fl 3-3134 I ATTORNEY

*The Transaction Date Is Either Before Or After The Report Coverage Penod ·----------------·---------------

Page 75: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDIDATES

(Section 106 021(1) F S)

(PLEASE PRINT OR TYPE)

NOTE: This form must be on file with the qualifying officer before o ening the cam ai n account.

1. CHECK APPROPRIATE BOX(ES):

I '

OE Pi\ 0 ~1~f:T1VOE:FD ' '- 11 STATE'

2Ul2 JUN •. 7 Ml 9: 36

D/V/$/()ft OF E TAI 'AHAss~V:VfNS

OFFICE USE ONLY

Initial Filing of Form Re-filing to Change: D Treasurer/Deputy 0 Depository 0 Office 0 Party

2 Name of Candidate (in this order: First, Middle Last) 3 Address (include post office box or street, city, state. zip

1----J-'-o=h...:.:.n,;__;_H.;:_. __,-J=o'-'-h"-'n=s.J-'-'n-'J""~'-'-"·------\ code) '.S"()ti N~ 5 l\ •"' s~ 4 Telephone 15. E-mail address j'i) J(\\"\"\l

1 \'.-L. 3.31 2. 7

(3(:€ ) Z~ \r\XCe "CXO\.Corf\ 6 Office sought (include district circuit, group number) ·-J-7 If a candid;te for a nonpartisan office, check 'if applicable:

1----'5_t._i:l_Je __ :'_5c_'f_)(\_t_O( J ,i) 1 :ir(16 ~· CJ ____ . O_M_Y_in'.~~-t ·_is_to_r~n as a Write··ln candidate

8 tf a candidate for a partisan office, check block and fill in name of party as applicable: My intent is to run as a

0 Write· In D No Party Affiliation c:B. 'Y..cnrf\ (\\~IC: Party candidate

9 I have appointed the following person to act as my Campaign Treasurer O Deputy Treasurer --=--- ---~--

1 O Na e of Treasurer or Deputy Treasurer

. l- _jobn_~soo~J~r~" __ 11 Mailing Address

'50't IV w 5Lf .jf -----.. --~· 13 City 14 Cqunty 15 State 16 ZipCode

I \!)11 , c.m' J) A-JJt: F- L -3.3 i z 1 18 I have designated the following bank as my

19. Name of Bank

12 Telephone

( 3C6 ) 75f' - 7oJ;2-17 E-mail address

nso ..\J .i C\o\ . c o(Y"I

0 Secondary Depository

_ Cho:e

Primary Depository

----] 20 Addre-. SS--.

__ _! ' Pf:, 10\. '-> 22 C.o_u_n-ty___ 23 State

-1 ··~. ~Q_ T-:-'.'"-:::----

21 City

t-11 w 1 _ .. D A0£ r'lor -1 cli:< 24 Zip Code

331 '-l '7 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND

DESIGNATION OF CAMPAIGN DEPOSITORY AND THAT THE FACTS STATED IN IT ARE TRUE

25 Date

27 Treasurer's Acceptance of Appointment (fill

I, , lobo fl .. )oA{)~Tl Jr. , do hereby accept the appointment (Please Print or Type Name)

~ Campaign Treasurer

DL' } D0 j=){J'-"'12-"----- .::.X~~'"----7=--~~.<;=::<:17'7~---===~-1 r Date -

designated above as:

DS-DE 9 (Rev .. 10/10) Rule 1s .. 2.0001, FAC

Goo -''• 18 ~ d .•

Page 76: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

STATEMENT OF CANDIDATE

(Section 106 023, F..S .. )

(Please print or type)

(

-----·-OE~~~~~tF 2ll12 JUN -:7 At1 9: 36

O!V!SION OF ELEC110HS 'iAl AHASSEE. FL

1, -~n H. JD11:Llo _k_,_ __ ._ .. ____ _

candidate for t11e office of Ofuk · S11 lClk,_fut( 1 Cf 39

have been provided access to read and understand the requirements of

Chapter 106, Florida Statutes.

x

Each candidate must file a statement with the qualifying officer within 10 days after the Appointment of Campaign Treasurer and Designation of Campaign Depository is filed Willful failure to file this form is a first degree misdemeanor and a civil violation of the Campaign Financing Act which may result in a fine of up to $1,000, (ss 106.19(1)(c), 106 .. 265(1), Florida Statutes).

OS-DE 84 (05-"J 1-) -·------

Ono:119. .. u l .. !...

Page 77: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

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Page 78: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

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Page 79: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

Candidate Tracking system - f' "Iida Division of Elections - Departmef '>f State

Florida Department of State Room 316 R.A. Gray Building 500 South Bronough Street Tallahassee. Fl 32399-0250 (850)245·6200

Division

Elections

Address

of

Candidate Tracking System

2012 General Election State Senator

District 39

John "JJ" Johnson Democrat

504 Northwest 54th Street

Miami, FL 33127

Campaign Treasurer

John H Johnson Jr

Phone: (305)758-7022

Status: Defeated

Date Filed: 0610712012

Date Qualified: 0610812012

Method: Paid Qualifying Fee

Campaign Finance Activity

Campaign Documents

http:// doe .. dos .stateJI. us/ candidate/CanDetaiL asp ?account=5 8116

Page 1of1

2/27/2013

Page 80: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

Campaign Finance Activity ~)"';vision of Elections - Florida Depaitm1r' )fState \

Florida Department of State Division of Elections

2012 General Election John 'JJ' Johnson (DEM)

State Senator

Campaign Finance Activity

Page I of I

Note: The information presented below was obtained from the Committee'.s/Candidate's Campaign Treasurer's Report filed with the Division of Elections About the Campaign Finance Data Base

I Filing Period 11 I I@ 110610712012 -071061201211 1w110710712012 -071201201211 I c 110712112012 -0810912012JI 1w110811012012-111121201211 @JI All Dates (Totals) II

Contributions IG:JG:J Monetary II Loans II In Kind I Expend Other

0 0011 2,100 0011 0 0011 2,098 1811 0 0011 0 0011 0 0011 0 0011 0 0011 0 0011

100 0011 0 0011 0 0011 0 0011 0 0011 0 0011 0 0011 0 0011 0 0011 0 0011

100 0011 2,100 0011 0 0011 2,098 1811 0 0011

Note: (E) indicates that report was filed electronically

X Indicates that detail has not been released

W Indicates that a waiver was filed and L Indicates that a loan report was filed

Select Detail Type

Contributions

Select Sort Order

Date(Ascending)

Select Output Type

Display On Screen

Querv the Campaign Finance Data Base

Transfers

0 001 0 001 0 001 0 001 0 001

[Department of State] [Division of Elections] [Candidates and Races] [Campaign Finance Information]

http://election dos state .. fl us/cgi-bin/TreSeLexe 4/1/2013

Page 81: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

Campaign Contributions - Division of Elections - Fl/' Department of State I ' '

Florida Department of State Division of Elections

Campaign Contributions 2012 General Election John 'JJ' Johnson (DEM) State Senator

About the Campajgn Fjnance pata Base

Rpt Yr Rpt Type Date City State Zip

.All1ount Conti:·ibuto:i:::· Name Occupation

Address Typ InKind Desc

2012 Fl 06/06/2012 MIAMI, FL 2012 Fl 06/07/2012 MIAMI, FL 33127

2 Contribution(s) Selected

100 00 JOHNSON JOHN PROPERTY MGR

2,000.00 JOHNSON JOHN PROPERIY MGR

2,100 00

LOA

LOA

Query the Campaign Finance Data Base

504 NW 54 SI

504 NW 54 SI

[Department of State] [Divisjon of Elections] [Candjdates and Races] [Campaign Finance Information]

http://election .dos. state fl uslcgi-bin/I reFin exe[4/l/2013 12:48:46 PM]

Page 82: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

FEC - Candidate/Committee f · 1g Histo1y Repmt (, ..

search 1 directory: contact us 1411 1 subscribe 1 tour I help

Florida Department of State - Division of Elections Florida Election System Reports

Candidate/Committee Lookup

Name:

Election:

Acct: 58116

Type: Candidate

I $e.~.rch J / Re~~t:J

Candidate Name: John "JJ" Johnson

Account: 58116

Date Due Type Date

Status Days Filed Late

11/12/2012 TR FEC 0 8/10/2012 F3 8/10/2012

7/27/2012 F2 7/27/2012

7/13/2012 F1 7/13/2012

Fine Assessed

$0 00

Page 1 of 1

Appealed Amount Amount Fined Paid

$0.00 $0 00

https://doesecure dos.state .. fLus/foc/FilingHistoryAsp? AcctNum=58116&cboElection=&c .. 2/27/2013

Page 83: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDIDATES

(Section 106 021(1) F S)

(PLEASE PRINT OR TYPE)

NOTE: This form must be on file with the qualifying officer before opening the campai n account.

.1. CHECK APPROPRIATE BOX(ES):

OFFICE USE ONLY

Initial Filing of Form Re-filing to Change: 0 Treasurer/Deputy 0 Depository 0 Office 0 Party

2 Name of Candidate (in this order: First, Middle Last) 3 Address (include post office box or street, city, state, zip

-John 1-l. .Johns:ln Jr··--4 Telephone 15 E-mail address

code) .. ')Y c:- i I ~r. St . N~ .:;1 S\ f'l\ 1<~('(\) I ~-L 33 i 2 7

(Jc.; ) Z'58-~ inx (€.) l (? ocl. corf\ 6 Office sought (include district circuit, group number) ... -i-7 If a candid~te for a nonpartisan office, check-if -

. applicable:

Strite Sena+v( J ,\)1~)1·(1('. t '_'._ ____ .. __ D ____ Myin~_ntistor~~asaWrite·lncandidate 8 If a candidate for a partisan office, check block and fill in name of party as applicable: My intent is to run as a

0 Write-In 0 No Party Affiliation !]. __:i}-~1 (: ___ _Party candidate

9. I have appointed the following person to act as my Car1paign Treasurer D Deputy Treasurer ----==---- ----~ 10 Name ofTreasurer or Deputy Treasurer

. lho H .. loha~<n'~)_J~r~··----11. Mailing Address

'50L1 N lc'J 5Lj .jf _ ------r-13 City 14 CQunty 15 State

I \1)'11 NI 1c.m 1 - D t1-Dt: 18 I have designated the following bank as my

19. Name of Bank

16 Zip Code

3.3/Z-1 Primary Depository

12 Telephone

( 3CS ) 75'2 - 702.2-17 E-mail address

nso jJ "1 no\ . com O Secondary Depository

__ C:hac:e ]20 Address

(::.- ' • '\ --7 ··ti\ h ' ----- ··---.,.) i tv\.."-.:> ~Q.. ~---- _ ___,

21 City 22 County 23 State

l'4 w 1 ---D i\0£ F'lo( -, cl~ 24 Zip Code

331'1'7 UNDER PENAL TIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND

DESIGNATION OF CAMPAIGN DEPOSITORY AND THAT THE FACTS STATED IN IT ARE TRUE

----~------26 Sig

x 25 Date

27 Treasurer's Acceptance of Appointment (fill

I, , )obn fl .. )oAoS'.n Jr. ·--- . do hereby accept the appointment (Please Print or Type Name)

designated above as:

ot,,, /00 JJ-Urz x r r Date

DS·.OE 9 (Rev .. 10/10) Rule 1$-2.0001, FAC.

Page 84: Case No.: FEC 13-018 TO: John H Johnson, Jr..file/13-018+Johnson,+John_Redacted.pdf · In Re: John H. Johnson, Jr. Case No.: FEC 13-018 TO: John H Johnson, Jr.. 504 NW 54 St. Miami,

APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDIDATES

(Section 106 021(1). F S)

(PLEASE PRINT OR TYPE)

NOTE; This form must be on file with the qualifying officer before opening the campai n account.

1. CHECK APPROPRIATE BOX(ES):

RECEIVED Of P,\ii': McilT OF STATE

2012 JUN - 7 AM 9: 36

DIVISION OF ELECTIONS TAl AHASSff, FL

OFFICE USE ONLY

Initial Filing of Form Re-filing to Change: 0 Treasurer/Deputy 0 Depository 0 Office 0 Party

2 Name of candidate (in this order: First, Middle, Last) 3 Address (include post office box or street city state, zip

code) 5C4 /Vt'-' 50 :·,J ----l N1 lt:H (l J ) i: L. 35 I 2. 7

6. Office sought (include district, circuit group number)

orrrl-e .S:·nc.~ttJ-+-J)(,-\\1 c:Y 31

7. If a candidate for a nonpart!rn office, check if applicable:

0 My intent is to rnn as a Write-In candidate

8 If a candidate for a partisan office, check block and fill in name of party as applicable:

0 Write-In D No Party Affiliation ~ J)e(flf)( (l\ t IC

My intent is to run as a

_Party candidate

9 I have appointed the following person to act as my - --

D Campaign Treasurer ~ Deputy Treasurer ~---

10 Name of Tr~asurer or Deputy Treasurer

. ,J<'.tJD110€ ~2nau ,l>b@ll 11 Mailing Address J 12 Telephone

"::iOLJ f,JvJ -:_-;i-) :::if- ___ ----------~-(3_l_lS_'-'_)_'7?J3-7D22 13 City 14 County 15. State

!'.fl 1C1(l') 1 M a , - Dn 1 • FL 16 Zip Code

')j/ ~ 7 17 E-m,ail address

J 18 I have designated the following bank as my J2I: Primary Depository

19 Name of Bank - -----r 20 Add;ess

[' blft' ___l '?0CD ..:.:0:..:.l->__,_1_·1i"_~c.i.=-..,------·---t 21 City 22 County 23. State 24 Zip Code

1 o..rn 1 l'-ll 1ttrn1 - I it f'.. , , ·7 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND

DESrGNATION OF CAMPAIGN DEPOSITORY AND THAT THE FACTS STATED IN IT ARE TRUE

25. Date

Ole Ok 2Di2 27. Treasurer's Acceptance of Appointment (fill

Johrt:on , J06m 1 oe 1 (Please Print or Type Name)

___ , do hereby accept the appointment

designated above as: D Campaign Treasurer

o Iv /olf / 201 z... Date

x Treasurer or Deputy Treasurer

D.S-DE 9 (Rev .. 10/10) Rule 15-2.0001, F.AC ..