In Re: Vanessa Brito

10: Vanessa Brito 15820 Palmetto Club Drive Miami, FL 33157

STAIE OF FLORIDA FLORIDA ELECTIONS COMMISSION

Case No.: FEC 14-035

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, 2015, at 8:30 am, or as soon thereafte1 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 10625, 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 masse vote and, unless you request to be heard or the Commission requests that your case be considered separately on the day ofthe heating, 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 heating, 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 Ann 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 heating.

See further instructions on the reverse side.

NOH FEC #r4-035

,?!ttty :MCl(eever 'Toman Executive Director Florida Elections Commission February 9, 2015

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 (I) 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.

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 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 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 incorrectly 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 occuned 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 willfol 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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5~ ~

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14 tJOV 2 I PH I: 23

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

Florida Elections Commission, Petitioner,

Case No .. : FEC 14-035 v ..

Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida,

Respondent.

ORDER OF PROBABLE CAUSE

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

regularly scheduled meeting on October 28, 2014, in Tallahassee, Florida.

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

statements made at the probable cause hearing, the Commission finds that there is probable

cause to charge Respondent with the following violation:

Count 1:

On or about December 10, 2013, Respondent violated Section 106.07(1), Florida Statutes, when Respondent failed to file timely Equal Marriage Florida's 2013 Ml I Report with the Florida Division of Elections.

DONE AND ORDERED by the Florida Elections Commission on October 28, 2014

P:/Order of Probable Cause docx (07/14) FEC Case# FEC 14-035

'"Pm Holladay, Chairman Florida Elections Commissio

(

· Copies furnished to: Eric M Lipman, General Counsel Vanessa B1 ito, Respondent Division of Elections, Complainant

(

As the Respondent, you may elect to resolve this case in several ways .. First, you may elect to 1esolve this case by consent order where you and Commission staff agree to resolve the violation and ag1ee to the amount of the fine The consent order is then presented to the Commission for its app1ovaL To discuss a consent orde1, contact the FEC attorney identified in the Order of Probable Cause.

Second, you may request an informal hearing held before the Commission, if you do not dispute any material fact in the Staff Recommendation You have 30 days fiom the date the Order of Probable Cause is filed with the Commission to request such a hearing The date this order was filed appears in the uppe1 right-hand corner of the first page of the order At the heaiing, you will have the right to make written or oral aiguments to the Commission concerning the legal issues 1elated to the violation(s) and the potential fine At the request of Respondent, the Commission will consider and dete1mine willfulness at an informal hearing Othe1wise, live witness testimony is unnecessary.

Third, you may 1equest a formal hearing held befo1e an administrative law judge in the Division of Administrative Heaiings (DOAH), if you dispute any material fact in the Staff Recommendation.. You have 30 days from the date the Order of Probable Cause is filed with the Commission to request such a hea1ing The date this order was filed appeais in the upper 1ight-hand comer of the first page of the 01der At the hearing, you will have the right to present evidence relevant to the violation(s) listed in this order, to cross-examine opposing witnesses, to impeach any witness, and to rebut the evidence presented against you

If you do not elect to resolve the case by consent order or request a formal heaiing at the DOAH or an informal hearing before the Commission within 30 days of the date this 01der of Probable Cause is filed with the Commission, the case will be sent to the Commission for a formal or informal hearing, depending on whether the facts are in dispute The date this 01der was filed appears in the upper right-hand comer of the first page of the 01der

To 1equest a hearing, please send a written 1equest 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 Chapter 28-106, Florida Administrative Code, and other applicable rules upon request No mediation is available

P:/Order of Probable Cause docx (07/14) FEC Case# FEC 14-035

In Re: Vanessa Brito

TO: Vanessa B1ito 15820 Palmetto Club D1ive Miami, FL 33157

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

Case No.: FEC 14-035

Division of Elections 500 S Bronough Street, Room 316 I allahassee, FL 3 23 99

NOTICE OF HEARING (PROBABLE CAUSE DETERMINATION)

A hearing will be held in this case before the Florida Elections Commission on October 28, 2014, at 8:30 am, or as soon thereafter as the parties can be heard, at the following location: Senate Office Building, Room S-110, 404 South Mon me 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 10625, Florida Statutes, which governs your participation as follows:

If you am the Respondent, you may attend the heating, 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 the day of the hearing, your case will not be individually heard

If you are the Complainant, you may attend the heating, 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 heating, 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 ..

;I.my 94.c'l(eever'l'oman Executive Director Florida Elections Commission October 13, 2014

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

If this is ahearing 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 timely 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 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 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 incorrectly applied the law to the facts of the case Respondent may not testify, call other:s 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 dete1mines whether a violation has occUired 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 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 Probable Cause. The Respondent will be pe1mitted 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 fiom the Commission Clerk

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FLORIDA ELECTIONS COMMISSION 107 W. Gaines Strnet, Snite 224

Collins Building Tallahassee, Florida 32399-1050

Vanessa Brito 15820 Palmetto Club Dtive Miami, FL 33157

(850) 922-4539

August 15, 2014

RE: Case No.: FEC 14·-035; Respondent: Vanessa Brito

Dear Ms .. Brito:

The Florida Elections Commission at its last regularly scheduled meeting was unable to hear this case Therefore, this case has been rescheduled for its next meeting, which is scheduled for October 28-29, 2014 in Tallahassee A notice of hearing will be mailed approximately 14 days before the heating

If you have any questions, please contact us at the numbet listed above 01 at foc@myfloridalegal.com ..

AMT/em cc: Division of Elections, Complainant

Aut029(12/08)

Sincerely,

/s/fimy gyf,Cl(pever 'l'onuzn Executive Ditector

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

In Re: Vanessa Brito Case No.: FEC 14-035

TO: Vanessa B1ito 15820 Palmetto Club Dtive Miami, FL 3 3157

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

NOTICE OF HEARING (PROBABLE CAUSE DETERMINATION)

A hearing will be held in this case before the Florida Elections Commission on August 5, 2014, at 11:00 am, or as soon thereafter as the parties can be heard, at the following location: Senate Office Building, Room S-110, 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 heaiing. Continuances will be granted only upon a showing of good cause

This hearing will be conducted pursuant to Section 10625, Florida Statutes, which governs your pa1ticipation 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. Howeve1, 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 the day of the heaiing, your case will not be individually heard

If you are the Complainant, you may attend the hearing, but you will not be pe1mitted 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, Iallahassee, Florida 32399, at least 5 days before the hearing

See further instructions on the reverse side.

)!n;y 9d4(etwer'Toman Executive Director Florida Elections Commission July 16, 2014

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 fqr 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 yom 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 I 06 265, Florida Statutes .. If the Commission finds that the report was not timely filed and there were no unusual circumstances, the fine will be upheld

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 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 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 incorrectly applied the law to the facts of the case Respondent may not testijj;, call others to testijj;, 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 resomces 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

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

In Re: Vanessa Brito, as Chairperson and Treasurer of Equal Marriage Florida

Case No.: FEC 14-035

STAFF RECOMMENDATION FOLLOWING INVESTIGATION

Pursuant to Section I 06 25( 4)( c ), Florida Statutes, undersigned staff counsel files this written recommendation for disposition of the referral in this case recommending that there is probable cause to charge Respondent with violating Section 106.07(1), Florida Statutes. Based upon a thorough review of the Report of Investigation submitted on May 19, 2014, the following facts and law support this staff recommendation:

I. On February 5, 2014, the Florida Elections Commission ("Commission") received a refonal fiom the Division of Elections ("Division"), alleging that Vanessa Brito, chairperson and treasurer of Equal Maniage Florida ("Respondent") violated Chapter 106, Florida Statutes

2 By letter dated April 8, 2014, the Executive Director notified Respondent that Commission staff would investigate the following:

Section 106,.07(1), Florida Statutes: Vanessa Brito, chairperson and treasurer for Equal Marriage Florida, a political committee, failed to timely file the 2013 Ml I campaign treasurer's report

3 Respondent is the chairperson and treasurer for Equal Marriage Florida ("Committee"), a political committee registered with the Division.. On June 26, 2013, Equal Marriage Florida filed its Appointment of Campaign T!easurer and Designation of Campaign Depository for Political Committees form ("DS-DE 6") designating Respondent as its treasurer with the Division (ROI Exhibit I )1

4. On June 27, 2013, the Division sent Respondent a letter acknowledging receipt of the Committee's Statement of Organization and DS-DE 6 .. The letter also advised Respondent that all political committees filing reports with the Division are required to use the electronic filing system ("EFS"), and provided Respondent with an initial PIN and password allowing her to access the EF S .. (ROI Exhibit 2)

5 The June 27, 2013 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 2012 Candidate and Campaign Treasurer Handbook, and the 2013 Calendar of Reporting Dates Id

1 The Report oflnvestigation shall be referred to herein as the "ROI."

Sta fl Recommendation F EC 14·035 I

< I (

6 Respondent failed to file Equal Marriage Florida's 2013 Mll Report on December I 0, 2013, the reporting due date (ROI Exhibit 8)

7. By letters dated December 11, 2013, and December 20, 2013, the Division sent Respondent notifications informing her that Equal Marriage Florida's 2013 Ml I Report had not yet been received.2 (ROI Exhibit 3)

8 By letter dated January 6, 2014, the Division sent Respondent a "Final Notice" informing her that Equal Marriage Florida's 2013 Ml I Report had still not been filed The Final Notice letter was confirmed delivered on January 9, 2014. (ROI Exhibit 4)

9 As of June 11, 2014, Respondent has not filed the Committee's 2013 Ml I Report (Attachment A)

I 0 "Probable Cause" is defined as reasonable ground of suspicion supported by circumstances sufficiently strong to wan ant 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 trnstworthy information, are sufficient in themselves for a reasonable man to reach the conclusion that an offense has been committed Department of Highway Safety and Motor Vehicles v Favino, 667 So 2d 305, 309 (Fla I st DCA 1995).

11 The facts above show that Respondent is the chairperson and treasuier of Equal Marriage Florida, a Florida political committee Respondent failed to timely file the Committee's 2013 Ml I Report on December 10, 2013 Despite the Division sending Respondent written notices dated December 11, 2013, and December 20, 2013, and a Final Notice dated January 6, 2014, that it had not received the Committee's 2013 Ml 1 Report, as of June 11, 2014, Respondent has failed to file Equal Marriage Florida's 2013Ml1 Report with the Division ..

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

Count 1:

On or about December 10, 2013, Respondent violated Section 106 07(1), Florida Statutes, when Respondent failed to file timely Equal Maniage Florida's 2013 Ml 1 Report with the Florida Division of Elections

2 All written notices from the Division to the Respondent were sent to the addresses provided on the Committee's DS-DE 6 form (ROI Exhibits I, 2, 3, and 4)

Staff Recommendation FEC 14-035 2 ·-------------

I '

Respectfully submitted on June ~ 2014,

Eric Lipman General Counsel

I 1eviewed this Staff Recommendation this Jl~ June 2014 ..

Staff Recommendation FEC 14-035

Amy McKeeve1 T Executive Direc 1

3

FEC - Candidate/Committee Fi''"'g History Repo1t ,, ' I Page 1of1

~."'"'"' Florida Department of State - Division of Elections _ t7 \) search 1directory1 contact u.s 1411 1subscribe1tour1 help Florida Election System Reports

Candidate/Co1nmittee Lookup Pol Action Comm Equal Marriage Florida ·-··--"--·-·--- ---··-- Name: Na1ne:

Account: 60477 Election:

Days Fine Amount Amount ---··-·---· .. ··----·---~-·--·----- Date Due Type Date Filed Status Appealed y Late Assessed Fined Paid Acct: 60477 6/10/2014 M5 SNT 0 $0 00 $0 00 $0.00

---- 5/12/2014 M4 SNT 0 $000 $0 00 $000 Type: Pol Action Comm ~ 4/10/2014 M3 FEC 0 $0 00 $0 00 $0 00

3/10/2014 M2 FEC 0 $0 00 $0 00 $0 00 [ S~acch J [.~eset J 2/10/2014 M1 FEC 0 $0 00 $000 $000

1/10/2014 M12 FEC 0 $0 00 $0 00 $0 00 12/10/2013 M11 FEC 0 $0 00 $0 00 $0 00 11/12/2013 M10 FEC 0 $0.00 $0 00 $000 10/10/2013 03 11/13/2013 CLO 34 $0 00 $0 00 $0 00 7/10/2013 02 7/30/2013 CLO 20 $0 00 $0.00 $0 00

---https4/d0esecure dos stateJl us!EECLEilingHisto,t,Y,Asp_'l8.,:ctNum=60477 &cboElection=&. 6/11/2014

FLORIDA ELECTIONS COMMISSION REPORT OF INVESTIGATION

Case No.: FEC 14-035

Respondent: Vanessa Brito Counsel for Respondent: None

Complainant: Division of Elections Counsel for Complainant: None

Pmsuant to Section 10625, Florida Statutes, on Februruy 4, 2014, the Florida Elections Commission received information from the Division of Elections that Respondent violated Chapter 106, Florida Statutes.. The Division's referral was mandated pursuant to Section 106 07(8)( d), Florida Statutes Commission staff, therefore, investigated whether Respondent violated the following statute:

Section 106.07(1), Florida Statutes, failure of the treasurer of a political committee to file timely regular reports of all contributions received, and all expenditmes made, by or on behalf of the committee

I. Pr·eliminary Information:

I Respondent is the treasurer for Equal Mruriage Florida, a political committee currently registered with the Division of Elections

2 Complainant is the Division of Elections ..

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

II. Alleged Violation of Section 106.07(1), Florida Statutes:

4 I investigated whether Respondent violated this section of election laws by failing to file the committee's 2013Ml1 Report after receiving notice that the report was due

5 On June 26, 2013, Equal Maniage Florida (committee) filed an Appointment of Campaign Treasurer and Designation of Crunpaign Depository for Political Committees (DS-DE 6) form with the Division of Elections, appointing Respondent treasurer of the committee.. To view a copy of the DS-DE 6 form, please refer to Exhibit 1

6. On June 27, 2013, Ms. Bronson sent Respondent a letter acknowledging the committee had been placed on the active committee list 1 The letter advised Respondent that all

1 Respondent is also the committee's chair

lnv002 (7/08) I

committees filing reports with the Division are required to use the electronic filing system (EFS), aud provided Respondent with her user identification number aud initial password allowing her access to the EFS

7. The letter also advised Respondent that all of the Division's publications aud reporting forms are available on their website, including Chapter 106, Florida Statutes, the Political Committee Handbook, aud the Calendar of Reporting Dates. The letter further advised Respondent that it was her responsibility to read, understaud, and follow the requirements of Florida's election laws .. To view a copy of the acknowledgement letter, please refer to Exhibit 2

8. The Division sent Respondent a letter dated December 11, 2013, informing her that the committee's report due December 10, 2013 (2013 Ml 1 Report) had not been received; a second failure-to-file letter dated December 20, 2013, was mailed to Respondent Both letters were mailed to Respondent at the address provided on the committee's DS-DE 6 form (Exhibit 1). To view copies of the letters, please refer to Exhibit 3.

9 On January 6, 2014, the Division sent Respondent a letter marked "Final Notice" stating that the committee's 2013 Ml I Report had not been filed Copies of the failure-to-file letters previously provided as Exhibit 3 were included with the Final Notice. The Final Notice was mailed to Respondent at the address provided on the committee's DS-DE 6 form (Exhibit 1) and was delivered on Jauuary 9, 2014 To view copies of the Final Notice, without attachments, and the delivery confirmation, please refer to Exhibit 4.

10 On February 7, 2014, the Commission sent Respondent a letter via certified mail informing her that it received a referral from the Division alleging Respondent failed to file the committee's 2013Ml1 Report The letter advised Respondent she had 14 days to respond to the allegation in the referral and was delivered to Respondent on February 15, 2014 .. Respondent did not provide a response to the refenal To view a copy of the Commission's February 7, 2014 letter, please refer to Exhibit 5.

11. On April 8, 2014, the Commission sent Respondent a letter informing her that the Division's referral was found to be legally sufficient and the Commission would be investigating Respondent's alleged failure to file the committee's 2013 Ml 1 Repo1t The letter advised Respondent she could file a notarized statement providing any information regarding the facts smrounding the allegation.. Respondent did not provide a notarized statement To view a copy of the Commission's April 8, 2014 letter, please refer to Exhibit 6

12 On May 5, 2014, I sent Respondent an affidavit asking her to state the reason she has not filed the committee's 2013 Ml 1 Report. As of the date of this report, Respondent has not returned the affidavit, and the affidavit has not been returned by the post office To view a copy of the affidavit, please refer to Exhibit 7.

13 On May 5 and May 14, 2014, I left voicemail messages asking Ms. Brito to return my call so that she may have an opportunity to respond to the allegations in the Division's referral As of the date of this report, Ms Brito has not returned my calls.

14. The committee's filing history reflects that as of the date of this report, their 2013 Ml 1 Report remains un-filed .. To view a copy of the committee's filing history, please refer to

!nv002 (7/08) 2

Exhibit 8 ..

15. No record of Respondent having previously violated this section of law was found

III. FEC History:

16 Although Respondent has not had any prior cases before the Commission, there are currently two additional cases pending before the Commission - FEC 13-332 and FEC 14-054 - for Respondent's failure to file the committee's 2013 MIO and 2013 M12 reports, respectively

Conclusion:

17 Because Ms .. Brito has not returned my telephone calls or an affidavit, I am unable to asceitain whether she has read Chapter I 06, Florida Statutes, and/or the Political Committee Handbook

Ms Vanessa Brito, Chair Equal Maniage Florida 15820 Palmetto Club Drive Miami, FL 33157

N am~and Atlch:ess ·Of Filing Officer: /· . . \ .· ., .; . . . •,

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

Copy furnished to:

Mr David Flagg, Investigations Manager

!nv002 (7 /08)

Respectfully submitted on May 19, 2014,

Trncie Aulet Investigation Specialist

3

-~-- ·,::~;.. .

FLORIDA ELECTIONS COMMISSION REPORT OF INVESTIGATION

Vanessa Brito -- FEC 14-035

Exhibits #s Description of Exhibits

Exhibit 1 DS-DE 6 form filed 6/26/13

Exhibit2 Acknowledgement letter dated 6/27 /14

Exhibit 3 Failme to file letters dated 12/11 & 12/20/13

Exhibit 4 Final notice w/delivery confirmation dated 1/6114

Exhibit 5 14 day letter to Respondent dated 2/7 /14

Exhibit 6 Lette1 oflegal sufficiency to Respondent dated 4/8/14

Exhibit 7 Lette1 to Respondent requesting affidavit dated 5/5/14

Exhibit 8 Filing history

!nv004 (5/08)

APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN

DEPOSITORY FOR POLITICAL COMMITIEES

(Sections 106 .. 011(1) and 106 .. 021(1), F..S.)

CHECK APPROPRIATE BOX:

': J ,,

. . ;· (l~ '::: 1 .• ,. ' .... :A

2U13 ./U1J 2 6 Ml 9: 4 9

OFFICE USE ONLY

~ Original Appointment of Treasurer 0 Reappointment of Treasurer D Deputy Treasurer 1 Committee or Organization 2 Telephone

e QLAA~ -~ Tl.IZiA ~t f,,vfiPA (tUi ~7_-~0-~-· 3 Name of Treasurer or Deputy Treasurer 4. Email (optional) . Telephone (optional)

6 Mailing Address

c t.A:iq:>r. ) 7 Street Address

i $\t1 ... to !!:{--

f&x, ·. fl 3:Jl~::f I

.$A.~ ~~ c.ko~ r--=---'-'-----~----=------------------------·-----

8 .. The following bank has been designated as the ~ Primary Depository [1 Secondary Depository -----,,------------~·------·

9 Name of Bank 10 Street Address Mi 4 ~ j 1 ~ J,..

14-801 !>. 'Di'L;e .f.lwy. 33l.::t{.. __ __, .Will $ t:'.' I). ..... ~ 0 . 11.. City 12 State 13. Zip Code

re of Chairman

x

I,

~ Camoaian Tre~surer's Acceotance of Aooointment

LA NS $?J\ ]? C\ f-o . ·-- , do hereby accept the appointment as (Please Prinl or Type)

~ua.( treasurer or deputy treasurer for MAY•',t.t:f -=f;,g:,M (Committee er Orgar11zat1on)

RICK SCOTT Govern01

June 27.1013

Ms. Vanessa Brito, Chairperson E qua\ Marriage Florida 15820 Palmetto Club Drive Miami, Florida B 15 7

Dear Ms. Bri!o:

KENDETZNER Secretary of State

This will acknov, ledge receipt of the Statemen! of Organization and Appointment of Campaign 1 reasurer and Designation of Campaign Depository for Equal Manfage Florida, which were placed on file in our office on June 26, 2013 This information appears to comply with the requirements of Section 106 03, Florida Statutes, and the name of this organization has been placed on our active committee list as a political committee that supports issues.

Ca[llpaign Treasm·er's Reports

Your first campaign treasurer's report will be due on July 10, 2013 The report will cover the period of April 1, 2013 - lune 30, 2013. All political committees that file reports with the Division of Elections are required to file by means of the Division's Electronic Filing System (EFS)

Credentials a!1d Sign-on~

Below is the v,cb address to access the FFS and the committee's user identification number The enclosed sealed envelope contains the committee"s initial password Once you ha'e logged in using the initial password .. you will he immediately prompted to change it to a confidential sign-on.. The chairperson .. campaign treasu1er.. and deputy trea~u1c1s are responsible for protecting this password from disclosure and are responsible for all filings using these credentials, unless the Division is notified that yom credentials have been compromised

EFS Website Address: https://efados state .. fl us Identification Number: 60477

EXHIBIT~ 2- . f!J. · / D-f ~

( '

Ms Vanessa Brito, Chairperson June 2 7. 2013 Page Two

Pin Numbers

Pin numbers ate confidential secure credentials that allow you to submit reports and update information. The enclosed sealed envelope provides a confidential pin number for the chairperson By copy of this letter, a confidential pin number to access the FFS was sent to the treasurer.

Each political committee chairperson is required to provide the Division of elections with confidential personal infonnation that may be used to allow access in the event that the password is forgonen or lost When you enter the campaign account screen, there will be a drop down box where you pick a question (such as Whal is your mother 'r 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

Timely Filing

All reports must be completed and filed thrnugh the EFS no later than midnight, Eastern Standard Time, of the due date. Reports not filed by midnight of the due date are late filed and subject 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, Eastern Standaid Time, of the first business day the EFS becomes operable .. No fine will be levied during the period the EF S was inoperable.

An] political committee failing to file a report on the designated due date is subject to a fine of $50 per day for the first 3 days and, thereafter, $500 per day for each day, not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report. However. for the reports immediately preceding each primary and general election .. the fine shall be $500 per day, not to exceed 25% of the total receipts or expenditures .. whichever is greater, for the period covered b\ the late 1cport.

Electronic Receipts

The person submitting the report on the FFS will be issued an electronic receipt indicating and verif)ing the report was filed .. Each campaign treasurer's tepon filed by means of the EFS is rnnsidered to be under oath by the chairperson and campaign trcasure.r and such persons are su~ject to the prCHisions of Section 106.07(5), Florida Statutes

EXHIBIT Z ~ · 2 of.3

/ I '

Ms Vanessa Brito .. Chai1person June 27, 2013 Page lhrcc

.Instructions and Assistanc£.

An online instruction guide is available to you on the EFS to assist with navigation .. data entry. and submission of reports. The Division of Elt:ctions 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' website at http://elections.m.:i:florida.com.. It is your· responsibility to read, understand, and follow the requirements of Flodda's election laws .. Therefore, please print a copy of the following documents: Chapter 106, Florida Statutes, 2012 Political Committee Handbook, 201J Calendar of Reporting Dates, and Rule JS .. 2.017, Flor'ida Administrative Code.

Please let me know if you need additional information.

Sincerely,

'h t . ., n ' ~,,)t~>u)tu GJtivcY~~(UJkrtA._/ .XV'-1

(

FLORIDA DEPARTMENT OF STATE

December J l, 201.3

Vanessa Brito, Ireasuret Equal Marriage Florida 15820 Palmetto Club Drive Miami, FL33157-3157

Re: PAC 60477

Dear Ms .. Brito:

Ken Dehmer Secretm: of State

DIVISION OF ELECTIONS

Your campaign treasurer's report, which was due December 10, 2013, has not been received ..

Section! 06 07(8)(b), Florida Statutes, requires that the filing officer immediately notify you of the failure to file this report and that a fine will be assessed of $50 per day for the first 3 days late and, thereafter $500 per day, although a fine cannot exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report However, for the reports immediately preceding each primary and general election, the fine shall be $500 per day for each late day. not to exceed 25% ofthe total receipts or expenditures, whichever is greater, for the period covered by the late report

Once your report is filed, this office will notify you of the specific amount of your fine .. Fines must be paid to the filing officer within 20 days of receipt of the payment due notice

Please be advised, however, that failure to file a campaign treasurer"s report may constitute a violation of Chapter 106, Florida Statutes, independent of the automatic fine violation referenced above Therefore, if you fail to file a report the division will tum the matter over to the Florida Elections Commission

Section I 06 265( I), Florida Statutes, authorizes the F !01 ida Elections Commission to impose a civil penalty up to $1,000 per count for each willful violation of Chapter I 06

If you have any questions, please contact the help desk at (850) 245-6280

Sincerely,

~ !/\, . (, ("; ~ ~~\ -. \.JJU:t::::YJJ~ ·· l.L\\.t'i-\...._ .• , t\ K1 isti Reid Bronson, Chi '

Bureau of"Election Records

EXHIBIT 3 f'1 . \ of Z

The RA Gray Building-Room 316 e 500 South Bronaugh Street " Tallahassee FL 32399··0250 " (850)245-6.240

FLORIDA DEPARTMENT OF STATE Ken Detzner

Second Notice

December 20, 2013

Vanessa Brito, Treasurer Equal Marriage Florida I 5820 Palmetto Club Drive Miami, FL 33157-3157

Re: PAC 60477

Dear Ms Brito:

Secretary of State

DIVISION OF ELECTIONS

Your campaign treasurer's report, due December 10, 2013, has not been received

Section 106 07(8)(b), Florida Statutes, requires that the filing officer immediately notify you of the failure to file a report.

The first notice of the failure to file the above mentioned teport was mailed, via 1egulat mail, to the address on file with our office on December 11, 2013 As of this date, we do not show a record of receiving this report

If the report is not filed via the Division's electronic filing system within 14 days of receipt of this notice, this matter will be referred to the Florida Elections Commission for further action Section 106 265(1), Florida Statutes, authorizes the Florida Elections Commission, upon finding a will fol violation of Chapter I 06, Florida Statutes, to impose a civil penalty up to$ l ,000 per count

lf you have any questions, please contact the help desk at (850) 245-6280

Sincerely,

~A;k~~~1v-Kristi Reid Bronson, Chief Bureau of Election Records

EXHIBIT 3 ?~ . 2 o-f 2-.

lbs> RA GraJI Building-Room 3 !6 • 500 South Bronough Street • Tallahassee FL 32.399-0250 • (850) 245-6240

RICK SCOTT Governor

FINAL NOTICE Delivery Confirmation:

January 6, 20 I 4 USPS TAACKING f &CllSTOMER RECl:tPT

Vanessa Brito, Treasurer for Equal Man iage Florida ( 604 7 7) l 5820 Palmetto Club Drive Miami, FL 33157

Dear Ms. Brito:

9114 9010 7674 2761 2913 04 For Trtcklng or mquities go lo IJSPS com or ca/I f-S00-i22 .. 1a1 t

KENDETZNER Secretary of State

According to a review of the Division's records, the organization referenced above has not filed the following reports:

Y!l.!!!: 2013 2013

Report

MIO Mil

Cover Period

10/01/2013 -10/31/2013 11/01/2013 - 11/30/2013

The organization has pieviously been notified of the reports that are outstanding Enclosed are copies of letters sent by the Division.. If the reports are not filed within 7 days of receipt of this letter, the Division will forward this matter to the Florida Elections Commission for further action Section I 06 265( I), Florida Statutes, authorizes the Florida Elections Commission to impose civil penalties of up to$ l,000 per violation

lf you have any questions, please call the help desk at (850) :245-6240

Sincerely,

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,. I

FLORIDA ELECTIONS COMMISSION 107 W,. Gaines Street,

Suite 224 Collins Building Tallahassee, Florida 32399-1050

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

Februaiy 7, 2014

CERTIFIED MAIL 7005 1820 0007 9805 4589

Vanessa B1ito, Treasmer Equal Mairiage Florida 1820 Palmetto Club D1 . Miami, FL 33157

RE: Case No.: FEC 14-035, Respondent: Vanessa Brito

Deai Ms .. Brito:

On Februaiy 5, 2014, the Florida Elections Commission 1eceived the enclosed complaint alleging that you violated Flo1ida'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 di1ecto1 may not dete1mine the legal sufficiency of the complaint dming that time period.

If you choose to file a response to the complaint, please send it to my attention at the address listed above Io ensme that I receive your response in a timely m=e1, you may also want to se11d it via e-mail to my attention, at fec@myfloridalegal.com You will be notified by lette1 whethe1 the complaint is dete1mined legally sufficient Please note that all correspondence from this office will be mailed to the same address as this letter. Therefor·e, if your address changes, you must notify us of your new address.

Under section 106.25, F101ida Statutes, complaints, Commission investigations, investigative repo1ts, and other documents relating to an alleged violation of Chapters 104 and 106, F101ida Statutes, are confidential until the Commission finds probable cause 01 no p1obable cause The confidentiality provision does not apply to the person filing the complaint. Howeve1, it does apply to you, the Respondent, unless you waive confidentiality in wiiting.

EXHIBIT 5 \?~ · l 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,

- ·--

Erin Riley Deputy Agency Clerk

I '

i /

/em Enclosure: Complaint w/attachments

EXHIBIT· S p~ . 7-of '3

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Vanessa Brito

FLORIDA ELECTIONS COMMISSION 107 W. Gaines Street,

Suite 224 Collins Building Tallahassee, Florida 32399-1050

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

April 8, 2014

15820 Palmetto Club Drive Miami, FL 33157

RE: Case No.: FEC 14-035; Respondent: Vanessa Brito

Deru Ms Brito:

On Februruy 5, 2014, the Florida Elections Commission received a complaint alleging that you violated Florida's election laws.. I have reviewed the complaint and find that it contains one or more legally sufficient allegations The Commission staff will investigate the following alleged violation:

Section 106 .. 07(1), Florida Statutes: Vanessa Brito, chairperson and treasurer for Equal Mruriage Florida, a political committee, failed to timely file the 2013 Ml 1 campaign treasurer's report

You may respond to the allegation above by filing a notruized statement providing any information iegruding the facts and circumstances surrounding the allegation.. Your response will be included as an attachment to the investigator's report

When we conclude the investigation, a copy of the Report of Investigation will be mailed to you at the above address 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 A copy of the Staff Recommendation will be mailed to you and you may file a response within 14 days frnm 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 106, Florida Statutes You and the complainant will receive a notice of heaiing at least 14 days before the hearing The notice of hearing will indicate the location, date, and time of your heruing.. 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

EXHIBIT ft> 0j . l of' 2----~Com0.LL(l.OL01~-------------

·------~----------

(

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

'fhe Report of Investigation, Staff Recommendation, and Notice of Hearing will be mailed! to the above address as this letter. Therefore, if your address changes, you must notify this office of your new address. Otherwise, you may not receive these important documents. Failure to receive the documents will not delay the probable cause bearing.

Under section 106 25, Florida Statutes, complaints, Commission investigations, investigative repo1ts, and other documents relating to an alleged violation of Chaptets 104 and 106, Flo1ida Statutes, aie confidential until the Commission finds prnbable cause or no p1obable cause. The confidentiality prnvision does not apply to the person filing the complaint However, it does apply to you unless you waive confidentiality in Wiiting. The confidentiality prnvision does not preclude you from seeking legal counsel However, if you 1etain counsel, your attorney must file a notice of appeaiance with the Commission before any member of the Commission staff can discuss this case with him 01 het

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

AMI/em

____ comOlL(SL0.8) ___ ,

""I" /! \~.x~~)0J )~fL-.. -·--Amy McK ev I oman Executive Dir ctm

!EXHIBIT lP p~ . :Z o} ~

____________________________________ ,, _____ _

FLORIDA ELECTIONS COMMliSSION The Collins Building

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

(850) 922-4539

May 5, 2014

Ms Vanessa B1ito, Chair Equal Maniage Flolida 15820 Palmetto Club D1ive Miami, FL 33157

RE: Case No.: FEC 13-332; 14-035; 14-054

Dear Ms B1ito:

rhe Florida Elections Commission needs additional info1mation concerning the refonals filed against you with the Commission Therefore, please complete the attached questionnaire, have it notarized, and 1etum it to me by May 19, 2014

Section 106 .26, Floiida Statutes, p1ovides the Commission with the powei 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.

rhank you for yom coopeiation in this matte1 Please let me know if you have any questions. My extension numbei is 114.

Sincerely,

Tracie Aulet Investigation Specialist

Enclosme: Affidavit of Background Information

EXHIBIT 1 ?1 · \ of 4 ------1nv01-1·(6/0~c\--------------

I

AFFU))AVrJI' OF BACKGJROUNJD> INFORMATION Case Numbers: FEC 13-332; 14-035; 14-054

§TATE OF JFLOJUDA County of __________ _

Vanessa Brito, being duly sworn, says:

1 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 =rently

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 treaswer, the office(s) the candidate tan for, and the dates of the election( s)

5 Have you ever held the office of chairperson, treasmei, board meinbe1, or other similai: position for a political committee? If so, please list the names and addresses of the committees and dates when you held the position

6. Have you ever held the office of chairperson, treasurer, board meinber, 01 other similai: 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

lnv040 (6/08) -----Aft'-Rtsp·l'3"332;-l4-035;-l4-054--

EXHIBIT f- \¥j· -Za.f4 1

7 Have you eve:r prepared or signed a campaign treasurer's repmt? If so, please list the name of the candidate or committee whose repmt you prepared or signed

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

9 Do you possess a copy of Chapter 106, Florida Statutes? D Yes 0 No IO If so, when did you first obtain it?

11 Have you read Chapter 106, Florida Statutes? D Yes D No 12 Do you possess a copy of Chapter 104, Florida Statutes? D Yes D No 13 If so, when did you first obtain it?

14 Have you read Chapter 104, Florida Statutes? D Yes D No 15 Do you possess a copy of the Political Committee Handbook? D Yes D No 16 If so, when did you first obtain it?

17 Have you read the Political Committee Handbook? D Yes D No 18 List any additional materials you received from the Division of Elections

19 Did you receive notice from the Division of Elections stating that the Division had not received yom reports due November 12, 2013 (2013 MlO Report), December 10, 2013 (2013 Ml! Report), and January 10, 2014 (2013 Ml2)?

D Yes D No 20 Please explain why you have not filed the committee's 2013 MlO, Mll, and M12 Reports (use additional paper if necessary):

EXHIBIT '1 f1·6d4 !nv040 (6/08) 2

----~Af~fR=es=p~l3~-3=32; 14-035;~14_--0_54____ -------------------------

I HEREBY SWEAR OR AFFIRM 1HAI IHE FOREGOING INFORMAUON IS IRUE AND CORRECT IO IHEBESI OF MY KNOWLEDGE.

Signature of Affiant

Sworn to (or affinned) and subscribed before 1ne this day of

---------------~ 2014

Signature of Notary Public. State of Florida

Print, I'ype, or Stamp Commissioned Name of Notary Public

Personally Known ___ or Produced Identification ----

Type of Identification Produced: -----------

Case Investigator: ta

EXHIBIT 1- V1. 4 of' 4 Inv040 (6/08) 3

-----Aff-Resp-l-3-332;-14-035;-14-0S•"-------------=----------------------------

FEC - Candidate/Committe~ ";ling History Report Page 1 of 1

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

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

Candidate/Committee Lookup Committee Name: Equal Marriage Florida

Name· Account: 60477

Election· Date Due Type Date Filed Status Days Fine Appealed

Amount Amount Late Assessed Fined Paid

L ---·----~ 5/12/2014 M4 SNT 0 $0 00 $0 00 $0.00 Acct [6CJ.477 4/10/2014 M3

SNT 0 $0 00 $0 00 $0 00

rco;;;-·-·-~ 3/10/2014 M2 SNT 0 $0 00 $0.00 $000

Type·. ~~·i_ttee _ __ 1~. 2/10/2014 M1 FEC 0 $0.00 $0 00 $000

,~.,., •• T1117t., -·"0 i·?" -_"'"':I 1/10/2014 M12 FEC 0 $0 00 $0 00 $0 00 ~·i;§,e'!'rch •,, !i1!'•~t;\ 12/10/2013 M 11 FEC 0 $0 00 $0 00 $0 00

11/12/2013 M10 FEC 0 $0 00 $0 00 $0 00

10/10/2013 03 11/13/2013 CLO 34 $0 00 $0.00 $0 00

7/10/2013 02 7/30/2013 CLO 20 $0.00 $0 00 $000

EXHIBIT __ 0 __ _

----https://doesecure.dos . .state.il.usLfocLEilingHisJQ!)'..Asp? AcctNum=60477 &cboElection=&c ... 5/16/2014

Vanessa B1 ito

' I

FLORIDA ELECTIONS COMMISSION 107 W .. Gaines Street,

Snite 224 Collins Building Tallahassee, Florida 32399-1050

I elephone: (850) 922-4539 Fax: (850) 921-0783

Ap1il 8, 2014

15 820 Palmetto Club Drive Miami, FL 33157

RE: Case No.: FEC 14-035; Respondent: Vanessa Brito

Dear Ms .. Brito:

On Febrnary 5, 2014, the Flo1ida Elections Commission received a complaint alleging that you violated Florida's election laws.. I have reviewed the complaint and find that it contains one or more legally sufficient allegations. The Commission staff will investigate the following alleged violation:

Section 106 .. 07(1), Florida Statutes: Vanessa B1ito, chai1person and t1easrner fo1 Equal Maniage Flo1ida, a political committee, failed to timely file the 2013Ml1 campaign t1easure1's 1eport.

You may respond to the allegation above by filing a notarized statement providing any info1mation regarding the facts and circumstances sunounding the allegation Yow 1esponse will be included as an attachment to the investigator's 1epo1t

When we conclude the investigation, a copy of the Repo1t ofinvestigation will be mailed to you at the above address You may file a response to the report within 14 days from the date the repo1t is mailed to you. Based on the results of the investigation, legal staff will make a written 1ecommendation to the Commission on whethe1 there is probable cause to believe you have violated Chapter 104 01 106, Florida Statutes A copy of the Staff Recommendation will be mailed to you and you may file a response within 14 days from the date the recommendation is mailed to you Yow timely filed response(s) will be considered by the Commission when determining p1obable cause

The Commission will then hold a hearing to determine whethe1 there is probable cause to believe you have violated Chapte1s 104 01 106, Florida Statutes You and the complainant will receive a notice of healing at least 14 days before the hearing The notice of hearing will indicate the location, date, and time of yow heaiing. You will have the opportunity to make a brief 01al statement to the Commission, but you will not be pe1mitted to testify 01 call others to testify, or introduce any documentaiy 01 other evidence

Como 11 (I 0/07)

At any time before a probable cause finding, you may notify us in Wiiting 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 above address as this letter. Therefore, if your address changes, you must notify this office of your new address. Otherwise, you may not receive these important documents .. Failure to r·eceive 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, are confidential until the Commission finds probable cause or no ptobable cause The confidentiality provision does not apply to the person filing the complaint However, it does apply to you unless you waive confidentiality in writing The confidentiality p10vision does not preclude you fiom seeking legal counsel However, if you retain counsel, your attorney must file a notice of appeaiance with the Commission before any member of the Commission staff can discuss this case with him 01 her

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

AMI/em

Como 11 (8/08) --------~--------------------------- ·-------------------- --------------------- -------------------------------------------

I ,r

DIVISION OF ELECTIONS FEC REFERRAL FORM

To FEC from Division of Elections

Name: Equal Marriage Florida

Account Number: 60477

Chairperson: Vanessa Brito

Treasurer: Vanessa Brito

Registered Agent: Heather L. Gray

RECEIVED

1014 FEB ~ 5 A q: Sq

El ~1AT£:OF FLORIDA i:.CT/Otis CQEfWfC'"·

The Division of Elections is referring this issue to the Florida Elections Commission pursuant to Section 106 . .25, Florida Statutes.. Section 106 07(8)(d) Florida Statutes, requires the filing officer to notify the FEC of a political committees alleged failure to file reports as set forth in the notification.

The following report is outstanding after notification:

2013 M11 Campaign Treasurer's Report

Sent By: Kristi Reid Bronson 'i...~ Date: February 3, 2014

slb 000001

STATE OF FLORIDA

County of Leon

AFFIDAVIT

Kristi Reid Bronson, being duly sworn, says:

1 I am the Chief of the Bureau of Election Reco1ds of the Division of Elections (Division) In that capacity, I ove1see the Division's duties related to the filing of campaign finance repo1ts ..

2 This affidavit is made upon my pe1 sonal knowledge, including info1mation obtained from 1eview of the attached 1ecords, of which I am the custodian

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

4.. Equal Marriage Florida (60477) is a political committee registered with the Division .. On June 26, 2013, Vanessa B1ito filed the DSDE 5 and 6 with the Division of Elections indicating that she was the chairpe1son and the treasmer for the committee (See attached documents and acknowledgment lette1 . .)

5 The 2013 Mll campaign t1easurer's rep01t was due on December 10, 2013 .. At the time the repo1t was due, Ms .. Biito was the treasurer

6.. On Decembe1 11, 2013, the Division mailed Ms Brito notifications that the 2013 Ml 1 campaign treasmer's rep01t had not been filed (See attached lette1)..

7. On Decembe1 20, 2013, the Division mailed Ms. B1ito notifications that the 2013 Ml 1 campaign treasure1 's repo1t had not been filed. (See attached letter)..

8 On Januaiy 6, 2014, the Division mailed Ms .. B1ito final notification with delive1y confirmation that the 2013 Ml I repo1t had not been filed. (See attached letter with delivery confirmation)

000002 INV035 (5/00)

9 As of Febrnru:y 3, 2014, Ms .. Brito has failed to file the 2013Ml1 report

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

INVOJS (5/00)

Sworn to (or affirmed) and subscribed before me this 3rd day of February,2014

Print, Type, or Stamp Commissioned Name of Notary Public

Personally Known /

.1,~,;W-t~ TERRI SUE ALDRIDGE LAWSON !•: ,;, Commission# FF 013087 ~~ ·'# Expires April 30, 2017 '•,'1,flf,, .~ BondedThruTroyFainl~00().385..7019

000003

• I '

.. ! • ' . OFFlc@JJsj ONLY.' ,. ' ,.' ·; •

STATEMENT OF ORGANIZATION , 't/;/26 ·I.,;, OF POLITICAL COMMITTEE '' ' 4/t 0 •

I I I ~· 98 i":.

(PLEASE TYPE) , /./;; '" i ,: .. -' '• , .:~ '.··:.:J f ic:~, .... ,. •.. '.

' I

6 .. List by Name, Address and Position, Other Principal Officers, Including Officers and Members of the Finance Committee, If Any (include chainnan's name)

Full Name Mailing Address Committee Title or Position

7 .. List by Name, Address, Office Sought and Party Affiliation Each Candidate or Other Individual that this Committee is Supporting (if none, please indicate) -- -------------~···-------!

Full Name Mailing Address Office Sought Party ,_ ___ _ --r------------""1---------1

8, List Any Issues this Committee Is Supporting: Mf:)tuliA ~ e e'Q~ i...iTy· ~~L.i G.\ou. s J I fl'E~O..-l

List Any Issues this Committee is Opposing: ,.. I A

9 .. If this Committee is Supporting the Entire Ticket of a Party, Give Name of Party

~Jt.. 10 .. In the Event of Dissolution, What Disposition will be Made of Residual Funds?

CH-ARin\.Sf..G" c.oNTRIGv..T:oJ 11 .. List all Banks, Safety Deposit Boxes, or Other o·eposltories Used for' Committee Funds

Name of Bank or Depository & Account Number '"·-------!

Mailing Address

IY'S 01 s. 'PiXi.e.. ~wy. fv\iAMi yl.- 331=1-~

I

12 List all Reports Required to be Filed by this Committee with Federal Officials and the Names, Addresses and Positions of Such Officials, If Any

I,

---------,...- -,----------~ Report Title Dates Required to be Filed Name & Position of Official Mailing Address

STATE OF ft..OlZ- \~A,

VAN!iS"-A ~p,.i1) ..._M_,_\:.:..frl....,M-'-'-'-t--."":t:>"-1''-""~~-- COUNTY

, certify that the information in this Statement of

Organization~is~complete, true and corr:~ct-----------_

x --- ~ igatureQf Chairman of Political Committee --

00000~

' . I.

., : J ... ' .

/ ti~ . ·-·-- , do hereby accept the appointment as . (Please P

RICK SCOTT Govern OT

June 27..1013

Ms Vanessa Brito, Chairperson Equal Marriage Florida I 58.·~o Palmetto Club Drive Miami, Florida 33157

Dear Ms .. Brito:

, I

KENDETZNER Secretary of State

This will ackno"ledgc receipt of the Statement of Organization and Appointment of Campaign lreasure!' and Designation of Campaign Depository for Equal Manfage Florida, which were placed on file in our office on June 26, 2013. This information appears to comply with the requirements of Section 106 03, Florida Statutes, and the name of this organization has been placed on our active committee list as a political committee that supports issues.

Campaign Treasur·er's Reports

Your first campaign treasurer's report will be due on July 10, 201.3. The report will cover the period of April I., 2013 - June 30, 2013. All political committees that tile repons with the Division of Elections are required to file by means of the Division's Electronic Filing System (EFS)

Credentials and Sign-On§

Below is the web address to access the EF S and the committee's user identification number The enclosed sealed envelope contains the committee"s initial password Once you ha\e logged in using the initial password, you will he immediately prompted to change it to a confidential sign-on The chai1person .. campaign treasurer.. and deputy treasuicrs are responsible fot protecting this password from disclosure and are responsible for all filings using these credentials, unless the Division is notified that your credentials have been compromised

EFS Website Address: https://efS.dos stateJ1 us Identification Number·: 60477

000007 Division of Elections

R.A. Gray Bldg . ., Rm .. 316 • 500 S B1onough St..• Tallahassee, Floxida 32399-0250 Telephone: (850) 245-6200 • Facsimile: (850) 245 .. 6217 elections .. myflorida .. com

Commemorating 500 years of Florida histo1y www.fla500.com

Ms .. Vanessa Brito, Chairperson June 2 7 ... 2013 Page Two

Pin Numbers

(

Pin numbers ate confidential secure credentials that allow you to submit reports and update information The enclosed sealed envelope provides a confidential pin number for the chairperson By copy of this letter, a confidential pin number to access the F.FS was sent to the treasurer.

Each political committee chairperson is required to provide the Division of tlections with confidential personal information that may be used to allow access in the event that the password is forgotten 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 '1· maiden name?) and supply an answer All passwords and answers to questions are stoied 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

Timely Filing

All reports must be completed and filed through the EFS no late1 than midnight, Eastern Standard Time, of the due date.. Reports not filed by midnight of the due date an: late filed and subject 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, Eastern Standard Time, of the first business day the EFS becomes operable .. No fine will be levied during the period the EFS was inoperable

Any political committee failing to file a report on the designated due date is suqject to a fine of $50 per day for the first 3 days and, thereafter, $500 per day for each day, not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report. However .. for the reports immediately preceding each primary and general election. the fine shall be $500 per day, not to exceed 25% of the total receipts or expenditures .. whichever is greater, for the period covered b\ the late 1cport

Electronic Receipts

The person submitting the report on the FFS will be issued an electronic receipt indicating and verif)ing the report was filed. Each campaign treasurer's report filed by means of the EFS is rnnsidered to be under oath by the chairperson and campaign treasurer and such persons are subject to the pro' isions of Section l 06 .. 0 7(5 ),. Flot ida Statutes

000008

Ms .. Vanessa Brito. Chairperson June 27, 1013 Page Three

.Instructions and Assistanc~

(

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

All of the Division's publications and r·cporting forms are available on the Division of Elections' website at http://elections.J1!1florida.com. It is your responsibility to read, under-stand, and follow the requirements of Flodda's election laws. Therefor·c, please print a copy of the following documents: Chapter 106, Florida Statutes, 2012 Political Committee Handbook, 2013 Calendar of Reporting Dates, and Rule IS··2.017, Florida Administrative Code.

Please l,;t me know if you need additional information

Sincerely,

. ~~~~~1 c~~vcV~1~~jJ~A,_, ~'-Kristi Reid Bronson, Chief (j Bureau of Election Records

KRB/ljr

Enclosures

000009

(

FLORIDA DEPARTMENT OF STATE Ken Dctzncr

December l l, 2013

Vanessa Brito, Treasurer

Equal Marriage Florida

15820 Palmetto Club Drive Miami, FL 13157-315 7

Re: PAC 60477

Dear Ms .. Brito:

Secretm) of State

DIVISION OF ELECTIONS

Your campaign treasurer's report, which was due December l 0, 20 l 3, has not been received ..

Section l 06 .. 0 7(8)(b), Florida Starutes, requires that the filing officer immediately notify you of the failure to file this report and that a fine will be assessed of$50 per day for the first 3 days late and, thereafter $500 per day, although a fine cannot exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report However, for the 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

Once your repmt is filed, this office will notify you of the specific amount of your fine. Fines must be paid 10 the filing officer within 20 days of receipt of the payment due notice

Please be advised, however, that failure to file a campaign treasure(s report may constitute a violation of Chapter 106, Florida Statutes, independent of the automatic fine violation referenced above Therefore, if you fail to file a report the division will turn the matter over to the Florida Elections Commission

Section I 06 265( I), Florida Statutes, authorizes the F )or ida Elections Commission to impose a civil penalty up to $1,000 per count for each willful violation of Chapter I 06

lfyou have any questions, please contact the help desk at (850) 245-6280

Sincerely,

. (!\, . (~ ('; ~ ~ ···~\ \ " \,J'..At~y,,q U.x(Ut · l.l-~t'c\ __ .,.; ~\ Kristi Reid Bronson, Ch ie'.

Bureau of Election Records

000010 The RA Gray Building-Room 316 • 500 South Bronaugh Street • Tallahassee FL 32399-0250 • (850)245-6240

' \.

FLORIDADEPARTMENTOF STATE Ken Detzner

Second Notice

December 20, 2013

Vanessa Brito, Treasurer Equal Marriage Florida

15820 Palmetto Club Drive Miami, FL 33157·3157

Re: PAC 60477

Dear Ms Brito:

Secretary of State

DIVISION OF ELECTIONS

Your campaign treasurer's report, due December 10, 2013, has not been received

Section 106 .07(8)(b), Florida Statutes, requires that the filing officer immediately notify you of the failure to file a report

The fit st notice of the failure to file the above mentioned teport was mailed, via regular mail, to the address on file with our office on December 11, 2013 As of this date, we do not show a record of receiving this report

If the report is not filed via the Division's electronic filing system within 14 days of receipt of this notice, this matter will be referred to the Florida Elections Commission for further action. Section I 06 265( l), Florida Statutes, authorizes the Florida Elections Commission, upon finding a willfol violation of Chapter I 06, Florida Statutes, to impose a civil penalty up to $1,000 per count.

lfyou have any questions, please contact the help desk at (850) 245-6280

Sincerely,

~A·4~Am~/ K1isti Reid Bronson, Chief Bureau of Election Records

000011 ..

The RA Gra~ Building-Room 316 • 500 South Bronaugh Street • Tallahassee Fl 32399-0250 • (850) 245-6240

.t..,,.....: r.c. ~ .. l>wf.~/

( '

FLORIDA DEPARTMENT of STci RICK SCOTT

Governor

FINAL NOTICE Delivery Confir·mation:

January 6, 2014 USPS: TRACKING f &CUSTOMER RE'CE!PT

Vanessa Bdto, Treasurer for Equal Man iage Florida ( 604 77) 15820 Palmetto Club Drive Miami, FL 33157

Dear Ms. Brito:

9114 9010 7674 2751291304 For Tra.clong or inqu>ries go to USPS com or ca/11.000.222-181 t

KENDETZNER Secretary of State

According to a review of the Division's records, the organization referenced above has not filed the following reports:

Ym 2013 2013

Report

MIO Mll

Cover PeJiod

10/01/2013 - 10/31/2013 11/01/2013·11130/2013

The organization has previously been notified of the reports that are outstanding. Enclosed are copies of letters sent by the Division.. If the reports are not filed within 7 days of receipt .of this letter, the Division will forward this matter to the Florida Elections Commission for fmther action Section l 06 265(1 ), Florida Statutes, autho1izes the Florida Elections Commission to impose civil penalties of up to $1,000 per violation

lf you have any questions, please call the help desk at (850) 24 5-6240

Sincerely,

4l _,1-,:.k~\.-

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LOCATION

MIAMI, FL 33157

MIAMI FL33197

MIAMI FL 33197

MIAMI FL 33197

CPA LOCKA FL 33054

CPA LOCKA FL 33054

TALLAHASSEE FL 32301

TALLAHASSEE FL 32301

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000013

HISTORY NOTES Equal Marriage Florida - 60477

Unique ID Date Recorded Last Edited Date Orginally Recorded By

33902 8/7/2013 2:29:00 PM ddbeach

Spoke w/Ms Brito- received second FF notice- mailed 7/25/13 - waiver was filed 7/30/13- advised that notice would have arrived at abo_ut same time - account is now current - no activity for initial period - advised nothing further to do at this time

000014

______ P~age 1 of 1 1/31/2014

OPCLetter Continuing CaseStaff RecommendationAttachment A

Report of InvestigationExhibit ListExhibit 1Exhibit 2Exhibit 3Exhibit 4Exhibit 5Exhibit 6Exhibit 7Exhibit 8

Letter of Legal SufficiencyReferral