in re: william a. grear case no.: fec 12-265 / william a

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

In Re: William A. Grear ______________________________________/

Case No.: FEC 12-265

TO: William A. Grear, Jr. Debra R. Buff, Belle Glade Clerk Post Office Box 262 110 Dr. Martin Luther King Blvd., West Belle Glade, Florida 33430 Belle Glade, Florida 33430

NOTICE OF HEARING (INFORMAL HEARING) A hearing will be held in this case before the Florida Elections Commission on August 14, 2013, at 9:00 am, or as

soon thereafter as the parties can be heard, at the following location: Senate Office Building, Room S110, 404 South Monroe 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. Motions or other materials received after 5:00 p.m. on August 9, 2013 (the Friday before the meeting) may not be considered by the Commission.

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 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 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.

See further instructions on the reverse side. Amy McKeever Toman Executive Director

Florida Elections Commission July 23, 2013

Please refer 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 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 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.

I I ' '·

FEC 12-265 Donna Malphurs to efgrear 07/01/2013 04:02 PM

From: Donna Malphurs/OAG

To: efgrear@bellsouth net

Mr .. Grear,

As we discussed today, attached is a copy of the OPC that we mailed to you on May 31,2013. Please respond to this email and advise me if you would like an informal hearing before the Commission Thanks

llli!JII. ;..

12-265 OPC pdf

Donna Ann Malphurs, Agency Clerk Florida Elections Commission 850-922-4539 X 1 02

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FLORIDA ELECTIONS COMMISSION 107 W. Gaines Street

Collins Building, Suite 224 Tallahassee, Flolida 32399-1050

(850) 922-4539

7004 1160 0004 9189 0718 July 1, 2013

CERTIFIED MAIL: 70041160000491890718

William A. Grear Jr. 661 SW 4'h Street Belle Glade, Florida 33430

RE: Case No.: FEC 12-265; Respondent: William A. Grear Jr.

Dear M1 Grear:

On May 31, 2013, an Order of Probable Cause was mailed to you; however, our mail was r etumed to us "unclaimed .. " Enclosed is a copy of the OPC that was previously mailed to you ..

Please let me know if you have my questions ..

Postmark Hero

'?{t/t"!J

PS F=-orm 3800, June 2002 See Reverse for Instructions

P _ C003 (5/08)

s~ ~·~ ' Donna Ann M~!:J/· . Agency Clerk

taff Recommendation

USPS - Track & Confirm

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Label/Receipt Number: 70041160 0004 9189 1258 Service(s): Certified Mailm Status: Delivered

Your item was delivered at 8:33am on .June 28, 2013 in TALLAHASSEE, FL 32399

Detailed Results:

• Delivered, June 28,2013, 8:33am, TALLAHASSEE, FL 32399 ::-,. • Available for Pickup, June 27, 2013, 10:32 am, TALLAHASSEE, FL 32399

----/ • Unclaimed, June 20, 2013, 9:25am, BELLE GLADE, FL • Notice Left, June 03,2013, 12:27 pm, BELLE GLADE, FL 33430 • Depart USPS Sort Facility, June 03,2013, WEST PALM BEACH, FL 33416

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FLORIDA ELECTIONS COMMISSION 107 W .. Gaines Street

Collins Building, Suite 224 Tallahassee, Florida 32399-1050

(850) 922-4539

May31, 2013

CERTIFIED MAIL: 70041160000491891258

William A. Grear Jr .. 661 SW 4th Street Belle Glade, Florida 33430

RE: Case No.: FEC 12-265; Respondent: William A. Grear Jr.

Dear Mr Greru:

The Florida Elections Commission at its last regularly scheduled meeting considered this case and issued the order that is enclosed with this letter Please read the order carefully As the Respondent, you are entitled to a hearing.. The Order of Probable Cause will explain in detail how you obtain a heruing

If you prefer to enter into a consent order, please contact me at the telephone number or address listed above and I will attempt to reach an agreement with you ..

prc>balole cause, Section 106.25, Florida Statutes, 1er documents related to this case ar:e no longer

Postmark

Here oP~

5! l>ll 13

CitY."Si8tO:~ZiP+4 ........................................................................... .

PS Form 3800, June 2002 ' ' See Reverse for Instructions

P _ C003 (5/08)

s

Amy McKeever Toman Executive Director

g Officer w/ enclosures

' I '


13 lin 31 PN 3: 52

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In Re: William A. Grear, Jr. Case No.: FEC 12-265

------------------------------·' ORDER OF PROBABLE CAUSE

THIS CAUSE came on to be heard before the Flmida Elections Commission at its

meeting held on May 14, 2013, in Tallahassee, Flmida

The Commission has reviewed the complaint, Report of Investigation, Staff

Recommendation, all documents submitted by the Respondent, any relevant documents, and

considered all oral statements made at the probable cause heating.. Based on the facts set forth in

the Staff Recommendation, which is incorporated herein and attached to this order, the

Commission finds that there is probable cause that Respondent committed 1 count of violating

Chapter 106, Florida Statutes:

with:

Count 1:

On or about September 12, 2012, William A Grear, Jr, violated Section l06.07(2)(b)1, Flmida Statutes, when he failed to file timely an addendum to his I ermination Report after receiving notice fiom the filing officer

The Commission also finds that there is no probable cause to charge the Respondent

Count2

Between June II, 2012, and September 12, 2012, Respondent violated Section l06!9(l)(c), Florida Statutes, by falsely reporting or deliberately failing to include information required by Chapter I 06 on his I ermination Report or an amended Termination Report, when Respondent falsely reported or deliberately failed to report a Match 9, 2012 expenditure check to Effie C. Great for $100.00 (Check 9)

(

Count3

Between June 11, 2012, and September 12, 2012, Respondent violated Section 106!9(1)(c), Florida Statutes, by falsely repmting or deliberately failing to include information required by Chapter 106 on his Termination Report or an amended I ermination Report, when Respondent falsely reported or deliberately failed to report a March 11, 2012 expenditure check to Effie C Grear for $100 .. 00 .. (Check 10)

Count 4

Between June 11, 2012, and September 12, 2012, Respondent violated Section 106!9(1)(c), Florida Statutes, by falsely reporting or deliberately failing to include information required by Chapter 106 on his Termination Report or an amended I ermination Report, when Respondent falsely reported or deliberately failed to report a March 12, 2012 expenditure check to Albert L Polt, IV, for $80 .. 00 (Check II)

CountS

Between June II, 2012, and September 12, 2012, Respondent violated Section 106J9(1)(c), Florida Statutes, by falsely reporting or deliberately failing to include information required by Chapter I 06 on his I ermination Repmt or an amended I ermination Repmt, when Respondent falsely reported or deliberately failed to report a March 12, 2012 campaign expenditure to WSWN for $110 .. 00 (Check 12)

Count 6

Between June II, 2012, and September 12, 2012, Respondent violated Section I 0619(1 )(c), Florida Statutes, by falsely reporting or deliberately failing to include information required by Chapter 106 on his Termination Report or an amended Termination Report, when Respondent falsely reported, or deliberately failed to report a March 13, 2012 expenditure check to Effie C. Grear for $30 .. 00 .. (Check 13)

Count7

Between June 11, 2012, and September 12, 2012, Respondent violated Section 106!9(1)(c), Florida Statutes, by falsely reporting or deliberately failing to include information required by Chapter I 06 on his I ermination Report or an amended I ermination Report, when Respondent falsely reported or deliberately failed to report a March 13, 2012 expenditure check to Effie C Grear for $100 .. 00 .. (Check 14)

CountS

Between June 11, 2012, and September 12, 2012, Respondent violated Section 106 19(1 )(c), Florida Statutes, by fi!lsely repmting or deliberately failing to include information required by Chapter 1 06 on his I ermination Report 01 an amended I ermination Repmt, when Respondent falsely reported or deliberately failed to report a March 21, 2012 expenditure check to himself for $18 40 (No check number)

Count9

Between June 11, 2012, and September 12, 2012, Respondent violated Section 106 19(1)(c), Florida Statutes, by falsely reporting or deliberately failing to include information required by Chapter 1 06 on his I ermination Report or an amended 1 ermination Report, when Respondent falsely reported or deliberately failed to report a March 12,2012 deposit for $200 into his campaign account

DONE AND ORDERED by the Florida Elections Commission on May 14, 2013..

Copies furnished to:

Eric Lipman, General Counsel William A Grear, Jr Debra R Buff, Complainant and Filing Officer

Attachment: Staff Recommendation

I '

As the Respondent, you may elect to resolve this case in several ways First, you may elect to resolve this case by consent mder 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 for its approval. I o 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 hearing held before the Commission, ifyou do not dispute any material fact in the Staff Recommendation You have 30 days from the date of the Order of Probable Cause to request such a hearing .. At the hearing, you will have the right to make written or oral arguments to the Commission concerning the legal issues related to the violations and the potential fine At the request of Respondent, the Commission will consider and determine willfulness at an informal hearing .. Otherwise, live witness testimony is unnecessary

Third, you may request a fmmal hearing held before an administrative law judge in the Division of Administrative Hearings (DOAH), if you dispute any material fact in the Staff Recommendation. You have 30 days from the date of the Order of Probable Cause to request such a hearing 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 01 request a formal hearing at the DOAH or an informal hearing 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 hearing, please send a written request to the Commission Clerk, Donna Ann Malphurs. The address of the Commission Clerk is I 07 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.


In Re: William A. Grear, Jr. Case No.: FEC 12··265

------·--.. --.. _ .. ___ __,!/

A!y!ENDED STAFF.RECCOMENDATION FOLLOWING INVESTIGATION

Pursuant to section 106 25(4)(c), Flolida Statutes, unden;igned staff counsel files this Wiitten recommendation for disposition of the complaint in this case recommending that there is probable cause to charge Respondent with violating Sections 106.07(2)(b)l., and 106.19(l)(c), Florida Statutes. Based upon a thorough review of the Rep01t of Investigation submitted on February 26, 2013, the following facts and law support this staff recommendation:

I On or about September 20, 2012, the Commission ("Commission") received a sworn complaint fiom Debra R Buff, Belle Glade City Clerk ("Complainant" or "City Clerk") alleging that William A Grear, Jr., ("Respondent") violated Florida's election laws

2 Respondent was a candidate for re .. election to the Belle Glade City Commission, Seat C He was defeated in the March 13, 2012 election

·· ··--··-·---··-·-· .. ···---3~-······ .... ·Respondent-filed·his·-Appointment-of:..Gampaign-.-Ireasurer-and.Designation..o£_ ... ·- ................... .. Campaign Depository for Candidates (DS·DE 9) form with the Clerk on Februruy 13, 2012 Respondent designated Dr Effie C Grear as his campaign tteaswer (ROI Exhibit 1)1

4 Respondent's treasmer passed away in May 2012, app10ximately one month before Respondent's 2012 I ermination Report was due 2 (Attachment "A")

5 On December 14, 2012, the Executive Diiector sent Respondent a letter informing him that the Commission staff would investigate the following:

Section 106.07(2)(b)l., Florida Statutes: William A Grear, Jr , candidate for election to the Belle Glade City Commission, failed to file an addendum report to his 2012 Termination Rep01t, as alleged in the complaint

Section 106.19(1)(c), Florida Statutes: Willirun A Grear, Jr, candidate for election to the Belle Glade City Commission, falsely reported or deliberately failed to include information on his 2010

The Report of Investigation will be refened to herein as "ROI" 2 Respondent's treasurer was his mother

--- ------------------ ---- ------ - ------ --- -- +-• -- -+- U+--··-·- ··-·--·--··-.. --....... ------·-•-•""••-·-""--·-----------

/

\

G4 Campaign Ireasurer 's Report, required by Chapter 106, Florida Statutes, as alleged in the complaint.

Section 106.,07(2)(b)l., Florida Statutes

6 By letter dated September 5, 2012, the City Clerk advised Respondent that he had failed to file timely an amended Termination Report within 7 days of being notified by the filing officer that his I ermination Report was incomplete, and that he falsely reported or deliberately failed to report information required by Chapter I 06 (ROI Exhibit 4 & See ROI Exhibit 2)

7 On September 4, 2012, at 12:02 p.m, Respondent provided the City Clerk with a written letter stating he could not complete his final report properly because his iieasurer had passed away and he could not locate her records (ROI Exhibit 3) On the same date at 11:49 am, Respondent filed a second DS·DE 9 appointing himself as his deputy ueasurer (Attachment "B") At 11:58 am., Respondent filed a 2012 Termination Report that did not list any coniiibutions received or expenditures made on behalf of his campaign during the reporting period (ROI Exhibit 2)

8 By letter dated September 5, 2012, the City Clerk notified Respondent that his Termination Report, which was due by June 11, 2012, had been received by her office Respondent signed for the letter on September 7, 2012 The City Clerk's letter stated Respondent's Termination Report " .. is deemed to be incomplete and has been accepted on a

. ·-·----~~=c"qng,i.tion~J_]2asis.:.'__Jhe letteralso informed Respondent, in essence, that he had seven days to file an amended i epoit ·lfSting affContrlbutfons-·iecerved-ana'fi!l"expenelitut<::·:rnrade=on•behalf-of-=·-·· · ·~·-=-· · his campaign during the reporting period 3 (ROI Exhibit 4)

9 As of Mmch 22, 2013, Respondent has failed to file an amended Iermination report

Section 106.19(1)(c), Florida Statutes

10 Despite Respondent's letter stating that he was not able to file his Termination Report because he could not find his iieasurer's records, by September 2012, Respondent could have obtained the necessmy information from his campaign depository to file a Termination Report

11 Candidates with opposition are prohibited from receiving contributions and making contributions after being elected, defeated, unopposed, or withdrawing fiom an election Therefore, during the termination period, Respondent could only make campaign expenditures, and could not make any campaign expenditures except those specifically listed in Sections 10611(5), & 106 141(1), Florida Statutes

12 Investigator Oliver subpoenaed records from Respondent's campaign account During the I ermination Reporting period, Respondent, or Respondent's campaign, made one

3 The Termination Report covered the dates of March 9, 2012, through June 11,2012

(

I '

Deposit for $200 on March 12, 2012, and 7 expenditures that Respondent should have listed on his termination report as listed in the following table ..

03/09/2012 Check Effie C Grear $100 00 Number 9


03/12/2012 Deposit $200 00

03/12/2012 Check Albert L Polt, IV $8000 Number 11

03/12/2012 Check WSWN $110 00 Number 12



. Grear Jr. $1840

(ROI Exhibit 6)

13 "Probable Cause" is defined as reasonable grounds of suspicion supported by circumstances sufficiently strong to wan ant a cautious person in the belief that the peison has committed the offense charged .. Schmitt v State, 590 So 2d 404, 409 (Fla. 1991) Probable cause exists where the facts and circumstances, about which an [investigator] has reasonably trustw01thy information, are sufficient in themselves for a reasonable man to reach the conclusion that an offense has been committed Department of Highw(ly Safety and Motor Vehicles v Favino, 667 So 2d 305, 309 (Fla I st DCA 1995)

14 The above facts show that Respondent was a candidate for the Belle Glade City Commission, Seat C Respondent was defeated in the election Respondent's treasurer (mother) passed away on or about May 16,2012 On September 4, 2012, Respondent submitted a letter to the Clerk stating that he was unable to complete his Termination Report because his treasurer had passed away and he could not locate her records Respondent then submitted a second DSDE 9 appointing himself as his campaign's deputy treasurer Immediately thereafter, Respondent filed a Termination Report that failed to list any contiibutions received or expenditures made on behalf of Respondent's campaign during the reporting period4

4 The dates covered by the 2012 Termination Report were March 9, 2012 through June 11,2012

,-:::-;;

-:~=----------:Hl.C _ _I_2-26S S!llff Rcco~mend;rion :_-:._~==-~-::-:_::=~-:-:~:~-.:-_:_:::·::--::-·:.=:::-=.=:::::~---~:-~=- ---------·---------------

15 The above facts also show that on September 5, 2012, the City Clerk sent Respondent a letter informing him that his Texmination xepmt was incomplete and that Respondent had 7 days to submit a completed I ermination Report Additionally, Respondent or Respondent's campaign made I deposit and 7 expenditures between March 9, 2012 and June 11, 2012 that Respondent falsely reported or deliberately failed to report on his original or on an amended Termination Report As of March 25, 2013, Respondent has not filed an amended Texmination Report listing the transactions that took place during the reporting period

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

Count 1:.

On or about Septembex 12, 2012, William A Grear, Jr, violated Section 106.07(2)(b)l., Florida Statutes, when he failed to file timely an addendum to his Termination Report after receiving notice from the filing office

Between June 11, 2012, and September 12, 2012, Respondent ···~~,~='·.~--.. -.. ---,--. ~y,ipl~tltd S.9..9tio11.J96 l~Q)_C0_LBQ~i~~-~_!_atutes~by falsely reporting

01 deliberately failhig io inClude irifoni:iatiori requrreaof'Cllapter -~-.-- ----~~~~,-=---

1 06 on his I ermination Report or an amended I ermination Report, when Respondent falsely reported or deliberately failed to report a March 9, 2012 expenditure check to Effie C Grear fox $100 00 (Check 9)

Countl

Between June 11, 2012, and Septembex 12, 2012, Respondent violated Section 106 19(1)(c), Floiida Statutes, by falsely reporting or deliberately failing to include infoxmation required by Chapter 106 on his I ermination Report or an amended I ermination Report, when Respondent falsely reported or deliberately failed to report a March 11, 2012 expenditure check to Effie C Grear for $100 00 (Check 10)

Between June 11, 2012, and September 12, 2012, Respondent violated Section 106 19(1)(c), Florida Statutes, by falsely reporting or deliberately failing to include information required by Chapter 106 on his I ermination Repoxt or an amended I exmination Repoxt,

---- --··--·~-~<EkJ~=~-~~!f!...~CJ?mmendati~.'} .. ~~--·---·-·-·· -~--- __ .. ____ _4 _ .. ___ --·--- ··-- ·-- ---·---·--- ·------ ····-- ---·--···------- -----·------·--------------··--·-····· ·--····- --·---·-·------·

when Respondent falsely reported or deliberately failed to report a March 12, 2012 expenditure check to Albert L Polt, IV, for $80.00 (Check 11)

CountS

Between June 11, 2012, and September 12, 2012, Respondent violated Section 106.19(1)(c), Florida Statutes, by falsely reporting or deliberately failing to include information required by Chapter 106 on his I ermination Report or an amended Termination Report, when Respondent falsely reported or deliberately failed to report a March 12, 2012 campaign expenditure to WSWN for $110 00 (Check 12)

Between June 11, 2012, and September 12, 2012, Respondent violated Section 10619(1)(c), Florida Statutes, by falsely reporting or deliberately failing to include information required by Chapter 106 on his Termination Report or an amended Termination Report, when Respondent falsely reported or deliberately failed to report a

---·.·=~=~---~-=~·Mru·clf''l3;-20t2--exp·errditure-check-to-Effie-G.-Grear"'for--$-30·00~--=--~-=---~~-----~--~=-=·· (Check 13)

Count?

Between June 11, 2012, and September 12, 2012, Respondent violated Section 1 06.19(1)( c), Florida Statutes, by falsely reporting or deliberately failing to include information required by Chapter 106 on his 1 ermination Report or an amended Termination Report, when Respondent falsely reported or deliberately failed to report a March 13, 2012 expenditure check to Effie C Grear for $100. 00 .. (Check 14)

Between June 11, 2012, and September 12, 2012, Respondent violated Section 106 19(1)(c), Floiida Statutes, by falsely reporting or deliberately failing to include inf01mation required by Chapter I 06 on his Termination Report or an amended Termination Report, when Respondent falsely reported or deliberately failed to report a March 21, 2012 expenditure check to himself for $18 40. (No check number)

'

EE.c.J..2=29.S S.t.affReeommendation ·--~~-=:===::-=---~-=::::::::==::=====--== ::=:-.::::-----~-------~-------J

' I '

Between June 11, 2012, and Septembet 12, 2012, Respondent violated Section 106 19(1)(c), Flo1ida Statutes, by falsely tepotting 01 deliberately failing to include info1mation required by Chapter 106 on his Termination Report or an amended Termination Repmt, when Respondent falsely 1eported or deliberately failed to 1epo1t a March 12, 2012 deposit fo1 $200 into his campaign account

Respectfully Submitted on Apdl10, 2013,

--·--·-----·-·--···--·-···----·-· Eric M Lipman General Counsel

I reviewed this Staff Recommendation this . I O~ctay of April 2013

Copy furnished to:

Amy McKeeve1 I oman, Executive Diiecto1 Cediic Olivet, Investigatoi Specialist

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Page 1 of 3

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Hundreds remember educator Effie Grear as inspiration in the Glades

Dr Grear died last week at the age of 84 SHARE THIS

• •.• ,=,=~=·••••Y-t.,.,~\<=•==l=~==l;,H;<~.Y •.•• ,===---iS;c;~'i,-'25'§•==~-=·--===----=---=-··=-·-• -·=-· ·-. ··•=·•=•·-Sign Up to see what your fMnds recommend

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Posted: OS/241201:2

By: Dan Corcoran

0 ··~· ~·

BELLE GLADE, Fla ··The Glades communities are in mourning after losing one oftheir own Dr Effie Grear, who spent44 years as an educator there, passed away last week following complications during heart surgery Her life and her legacy were on the minds of many who attended a wake to say goodbye at Glades Central High School on Thursday night

William Grear, Jr , son of the late Effie Grear is hurting but he is not alone

• Glades educator remembered "I want everybody to know that I'm not the only one hurting," said Mr Grear "1 his entire community is devastated by this loss."

Grear, 84, was a former Glades Central High School principal and helped shape generations of families over more than four decades as an educator and a leader in the city of Belle Glade.

Hundreds gathered at the Raiders football field, a field that bares Graar's name

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'She demanded that respect She definitely wasn't mean or anything, but she co'?manded respect,' said Candice Lovely, who Is now fully grown Lovely remembers Grear as a principal and also as an inspiration to become a first grade teacher "The way that I am with my students is because of the way she was with us," she said

After a lifetime of service, Grear's friends, family and community are forced now to press on without her.

'Her legacy will be reaching, teaching, loving, learning and not leaving nobody behind," said David Nelson, Glades Central High School class of 1978

A funeral will be held Saturday at Glades Central High School gymnasium

Copyright 2012 Scripps Media. Inc AU rights reserved rhis material may not be published brood.cast rewritten, or redistributed

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Monday, February 25, 2013

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SREAKtNG NEWS J eoca Westflro damages r&SJ~enco ----.... ___ ]

Doctor Effie Grear has died

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r Po$~ 0511712012

By: Vv?TVWoJ> Tolm

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Parents and students In the Glades ar~ remembering Doctor Effie Grear a 1e1ngtlrne educator and leader

Doctor Grear passed awaY WednElsday

She spent most of her career In the Glades as a teacher band dJrector and sehooJ adminlstra1or

1'he football s1ad!um at Glades Central Is named after her COJI'I'tlltl 2012 Strlpp:: IAOOI~ I<'IC ~ ~l>!t t't':WVI'i<l Thllo matoriiJl ~

not IKt ~M<I, bri'IR<1CMI I'Nitlt(M 01' r!Xf>Gtrtl.t~l(l

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Latest mugshots: Palm Beach County c~ h01'0 t¢ $at,! the !~test mug Shot~ rn Peltn BQJ)C.h County

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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 fila with the qualifying

/ I

officer- before opening the campaign account. OFFICE USE ONLY

1. CHECK APPROPRIATE BOX(ES): 0 Initial Filing of Form Re-fillng to Change: [gJ Treasurer/Deputy O 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

William Alexander Grear, Jr code) ---:::---:-c,---------- 661 SW 4th Street

4 Telephone ""f"5E-mail address Belle Glade, FL 33430 (561 ) 7552139 _L __

r-s·-. 0-ff-ic_e_s_o_u-gh_t_(ln-ciUde.dis-trict, -cl-rc-u-it."-gr-ou_p_ number) 1 If a candidate for ;-;;;;;;p;rtlsan office; check If ··-

Belle Glade City Commission .. Seat c applicable: D My Intent is to run as a Write-In candidate. --·-·· -....... ,_________________ . ........ --·----8 If a candidate for a !li!!!l§rul. 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 D Party candidate

I I

I I I l

·g- iliave appoh1i6Ci tiie toliowins persori io aciasmy ··· ·· ttcami>aiii~~!ieasu~:::·Jgt_ .. =?ei>~~!.rii~sure~:~~:~:~~-: · · "-,~-· ·· ·~ '"io.Name ·oineasii'ier or Deputy Treasurer -

William Alexander Grear, Jr. ---· .. ·-~--·-----·~--· .. -· .. --·---······ ----·----------11 Mailing Address

661 SW 4th Street 12 Telephone

( 561 ) 755 .. 2139 13 City -----·----·-r-1.,..4:-C-o_u_n_ty'' ....... "'"'r15"state ... '16 Zip Code 17 E-mail address __ .......... ..

Belle Glade Palm Beach FL 33430 18 1 have designated the following bank as my O Primary Depository D Secondary Depository 19 Name Qf aank" .. ·--···· .. ·---·---·· - ..... -- ..... ------·ro Address ........ _______ ... _

2T"city" .. -.......... ---.. 22 County ........ ___ -- 23 State· ...... - 24 Z~ .. Code .. __ .. ___ ,.

UNDER PENALTIES OF PERJURY,! DECl.ARE THAT I HAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNA!JON OF CAMPAIGN DEPOSITORY AND THAT THE FACTS STATED IN IT ARE TRUE

-----··---------------------·-- .... r~ st:r ;~~-.. ~L ~A /J -----........ - I Treasurer's ~~ceptance of Appointment (fill in the blanks and check the appropriatpf>lock) i

1, Wilham Alexander Grea1 do hereby accept the appointment i -- -- (Pie

0ase Print or Type Name) - 1)<1 D .. e .. p-uty

1,-ea-su,rer I

designated above as: Campaign Treasurer lCJ

September4, 2012 X Lt ) J J 0 A 1>/Vo. ~ u,.. / -------.. I!

Date ....... _ ....... _. ..- Signature of Campaign Treasurer or Depl)l9 Treasurer 1

:==- DS-~; ~~~~011~::=•=• ... ::::: :.· ::~ =: _-::- -A~A~f.:Mff(FA"Xt 'li$:':==-.:.-:---~~~~1S-2~~:~-~---1J

25 Date

27


In Re: William A. Gr·ear, Jr. Case No.: FEC 12-145 FEC 12-265 --------------------------------~'

NOTICE OF PROBABLE CAUSE HEARING

TO: William A. Grear, Jr. Post Office Box 262 Belle Glade, Florida 33430

City of Belle Glade 110 Dr. Martin Luther King Jr. Blvd . .West Belle Glade, Florida 33430 ·

PLEASE TAKE NOTICE that on May J4, 2013, atl:30 p.m. or thereafter as the parties can be heard,.the Florida Elections Commission will bring on to be he!ird whether there is probable .. cause that Respondent violated a provision of The Florida Election Code The Commission shall meet at: Senate Office Building, 404 South Monroe Street, Room S-401, Tallahassee, Florida 32399-6526.

R~spondent and staff shall each have time to make a biief oral argument to the Commission before it &:termines probable cause . Complainant will be permitted to attend the probable cause hearing Failure to appear in accordance with this notice willconstitute a waiver of oral argument and the Commission will decide this matter on the record before it Convenience of location is not a basis. for continuing or postponing the hearing.. Please note that this matter may not be addressed individually and it may be voted on en masse by the Commission 'See reverse Sid~ for additional instructions,

Ifyou require an ac.commodation due to a disability, contact Donna Ann Malphurs, Florida Elections Commission, at (850) 922-4539, or at 107 W Gaines Street, The Collins Building, Suite 224, Tallahassee, Florida, at least 5 days before the hearing ..

PLEASE GOVERN YOURSELF ACCORDINGLY.

Dated on April 16, 2013 ..

Hca012 (8/08)

Amy McKeever Toman Executive Director

i •••• . ? .;.

Please be advised that other cases have been scheduled for the same time .. Therefore, your case may not be called exactly at the time set forth on this notice. Please note that this matter may not be addressed individually and it may be voted on en masse by the Commission.

At the probable cause hearing, tbe Florida Elections Commission will decide whether there is probable cause to believe that Respondent has violated one or more provisions of The Florida Election Code

Respondent, each Complainant, and their counsel are permitted to attend the probable cause hearing

The hearing will be conducted pursuant to Section 106 25, Florida Statutes; Chapter 28, Florida Administrative Code, the Uniform Rules of Procedures; and Commission Rule I 0027, Florida Administrative Code

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

Before making a .decision on probable cause, the Commission will review the complaint, the Report of Investigation, the Staff Recommendation, any written responses submitted by Respondent, all relevant documents, and any oral statements made by Respondent and staff at the probable cause hearing

When your case is called, the Chair will read a brief statement and may ask Respondent, Complainant, and their attorneys, if an attorney is present, to state their names for the record.

Staff will then have time to summarize the case and make a recommendation to tbe Commission on probable cause. After staff's presentation, if the Respondent is present he or she will have time to make a statement to the Commission in the nature of an oral argument.

Pursuant to Section 106..25(4), Florida Statutes, Respondent's statement should explain how the staff erred in applying the law to the facts enumerated in the Staff Recommendation .. Respondent may not testify or call others to testify or introduce any documentary or other evidence at the probable cause hearing.

At the probable cause hearing. the Commission is not deciding whether Respondent has violated a provision of The Florida Election Code or the amount of the fine The Commission is only deciding whether Respondent should be charged with violating a provision of the election code Before the Commission determines whether a violation has occurred or a fine should be imposed, Respondent will have an opportunity for a second hearing, where Respondent may testify, call others to testify on his or her behalf, and introduce documentary or other evidence that shows Respondent did not commit the violations charged ..

After the presentations are concluded, the Commissioners will discuss the case and may ask questions of Respondent and staff The Commission's decision on probable cause will be made by a majority vote of those members present and voting

After the Commission decides whether there is or is not probable cause to believe that Respondent violated a provision of the election code, the case will become public.. In some cases, the Commission may not make a decision, such as when further investigation is ordered. If the Commission does not make a decision on probable cause, the case will remain confidential, unless confidentiality has been waived.

After the Commission meeting, the Commission will send Respondent and Complainant a written order reflecting the Commission's decision on probable cause.. If the Commission finds no probable cause, the case will be dismissed. If the Commission finds probable cause, Respondent will receive instructions on how to either settlement the matter or select a hearing before the Commission or the Division of Administrative Hearings .. These hearings will determine whether a violation has occurred and whether a fine should be imposed

If Respondent has not received the Staff Recommendation or if you have any questions about the procedures for the probable cause hearing, please contact Donna Ann Malphurs at (850) 922-4539.

HeaO 12 (8/08)

' C. I <•.< ·.····•··.···•····· .. ···.··•····· .....•• · .. ····., •\··i\•.':c~·~· .. ~HEET·.•.; > <~;;~······ ·.··:·.········· . '.,,,-. ·'

CASE NAME: FEC v .. William A. Grear, Jr.

CASE NUMBER(S): FEC 12-265 NoDOAH No.

INVESTIGATOR: Cedric Oliver

ATTORNEY FOR FEC:

OPPOSING ATTORNEY

·. & PHONE NUMm i .:: •• ~< . {fi••,•·•·.<•v·• H;E11,.111RY ·· ··· ·. · · I)< ' .. .,.,~. •.

1 nai0!Jf12 COrrH.naitrl 2 09726712 14 Dav letterte K~ (R) 3 12/14/12 L to R opening case ,f 2725713 Case lllll~lll::;

5 2725713 -cas8 t:xrmms 6 2/25/13 r IUilt: Loa 7- 2/25/13 1"\~IJUI ( Of II 11 II

8- 371713 LtoRIJVith ROI 9 471713 Staff Recommendation (SR) 10 4/1/13 L toR with SR 11

12 13 14 15

16 17 18 19

20 21 22 23

-24 25 26 27 28

29 30 31 32

William A Grear, Jr Post Office Box 262

FLORIDA ELECTIONS COMMISSION 107 W. Gaines Street, Suite 224

Collins Building Tallahassee, Florida 32399-1050

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

April10, 2013

Belle Glade, Florida 33430

RE: Case No.: FEC 12-145 and FEC 12-265; Respondent: William A. Grear, Jr.

Dem Mr. Grear:

Enclosed for your review is a copy of Staffs Recommendations as ainended dated April 10, -- ---_ --2(]-t}------------------------------------ ---------------------- -------------------

If you have any questions or need additional information, please contact me at extension 102

Donna Ann Malphms Agency Clerk

Enclosme: Amended Staff Recommendation

/dain

-------- Sofl00-('1/0S)------------------------


In Re: William A. Grear, Jr. Case No.: FEC 12-265 ____________________ / AMENDED STAFF RECCOMENDATION FOLLOWING INVESTIGATION

Pursuant to section 106 25(4)(c), Florida Statutes, undersigned staff counsel files this written recommendation for disposition of the complaint in this case recommending that there is probable cause to charge Respondent with violating Sections 106.07(2)(b)l., and 106.19(l)(c), Florida Statutes. Based upon a thorough review of the Report of Investigation submitted on Febmary 26, 2013, the following facts and law support this staffrecommendation:

I On or about September 20, 2012, the Commission ("Commission") received a sworn complaint fiom Debra R Buff, Belle Glade City Clerk ("Complainant" or "City Clerk") alleging that William A Grear, Jr .. , ("Respondent") violated Florida's election laws

2 Respondent was a candidate for re-election to the Belle Glade City Commission, Seat C He was defeated in the March 13, 2012 election

·---·----.··~c3c--··--·Respondent·-filed--his·-Appointment-of~Campaign--lreasurer-and-Designation-.oL _______ _ Campaign Depository for Candidates (DS-DE 9) form with the Clerk on February 13, 2012 Respondent designated Dr.. Effie C Grear as his campaign treasurer (ROI Exhibit 1)1

4.. Respondent's treasurer passed away in May 2012, approximately one month before Respondent's 2012 Termination Report was due 2 (Attachment "A")

5 On December 14,2012, the Executive Direct01 sent Respondent a letter informing him that the Commission staffwould investigate the following:

2

Section 106.07(2)(b)l., Florida Statutes: William A Grear, Jr., candidate for election to the Belle Glade City Commission, failed to file an addendum report to his 2012 Termination Report, as alleged in the complaint

Section 106.19(l)(c), Florida Statutes: William A Grear, Jr.., candidate for election to the Belle Glade City Commission, falsely reported or deliberately failed to include information on his 20 I 0

The Report of Investigation will be referred to herein as "ROI"

Respondent's treasurer was his mother

L ··-·-- ... -- .

04 Campaign I reasurer 's Repmt, required by Chapter 1 06, Florida Statutes, as alleged in the complaint

Section 106.,07(2)(b)l., Florida Statutes

6. By letter dated September 5, 2012, the City Clerk advised Respondent that he had failed to file timely an amended Termination Report within 7 days of being notified by the filing officer that his Termination Report was incomplete, and that he falsely reported or deliberately failed to report information required by Chapter 106 (ROI Exhibit 4 & See ROI Exhibit 2)

7 On September 4, 2012, at 12:02 pm, Respondent provided the City Clerk with a written letter stating he could not complete his final report properly because his treasurer had passed away and he could not locate her records (ROI Exhibit 3) On the same date at 11:49 am, Respondent filed a second DS-DE 9 appointing himself as his deputy treaswer (Attachment "B") At 11:58 am, Respondent filed a 2012 I ermination Report that did not list any contributions received or expenditures made on behalf of his campaign during the reporting period (ROI Exhibit 2)

8 By letter dated September 5, 2012, the City Clerk notified Respondent that his Termination Report, which was due by June 11, 2012, had been received by her office Respondent signed for the letter on September 7, 2012. The City Clerk's letter stated Respondent's Termination Report " . is deemed to be incomplete and has been accepted on a

________ ccondiJion~l basis."__The letter also informed Respondent, in essence, that he had seven days to file an amended report listingaflcontnbutions--rceceJVed anda1l'expenaitutes·made-on-behalfof-~-----his campaign dwing the reporting period 3 (ROI Exhibit 4)

9. As of March 22, 2013, Respondent has failed to file an amended I ermination report

Section 106.19(1)(c), Florida Statutes

10. Despite Respondent's letter stating that he was not able to file his Termination Report because he could not find his treasurer's records, by September 2012, Respondent could have obtained the necessary information from his campaign depository to file a I ermination Report

11. Candidates with opposition are prohibited flom receiVmg contributions and making contributions after being elected, defeated, unopposed, or withdrawing fiom an election. Therefore, dwing the termination period, Respondent could only make campaign expenditures, and could not make any campaign expenditures except those specifically listed in Sections 106 . .11(5), & 106 141(1), Florida Statutes

12 Investigator Oliver subpoenaed records fiom Respondent's campaign account During the I ermination Reporting period, Respondent, or Respondent's campaign, made one

3 The Termination Report covered the dates of March 9, 2012, through June II, 2012

---- _________ 2_. __ ------------- ------ -

Deposit for $200 on March 12, 2012, and 7 expenditures that Respondent should have listed on his termination repmt as listed in the following table ..

03/0912012 Check Effie C Grear $100 00 Number 9

03/11/3012 Check Ef!ie C Grear $100.00 Number 10

03/12/2012 Deposit $200.00

03/12/2012 Check Albert L Polt, IV $80 00 Number II

03/12/2012 Check WSWN $110 00 Number 12

03/13/2012 Check Ef!ie C. Great $30 00 Number 13

03/13/2012 Check Eflie C Grear $100 00 Number 14

William A Grear It $18.40 Number

(ROI Exhibit 6)

13 "P10bable Cause" is defined as reasonable grounds of suspicion suppmted by circumstances sufficiently st10ng 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, about which an [investigator] has reasonably trustworthy 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)

14 The above facts show that Respondent was a candidate for the Belle Glade City Commission, Seat C Respondent was defeated in the election Respondent's treasurer (mother) passed away on or about May 16, 2012. On September 4, 2012, Respondent submitted a letter to the Clerk stating that he was unable to complete his I ermination Report because his treasurer had passed away and he could not locate her records Respondent then submitted a second DSDE 9 appointing himself as his campaign's deputy treasurer Immediately thereafter, Respondent filed a Termination Report that failed to list any contributions received or expenditures made on behalfofRespondent's campaign during the reporting period4

4 The dates covered by the 2012 Termination Report were March 9, 2012 through June 11,2012.

-----

____ EE.C 12-265 Staff Recommendation --- -- --- ---- _3_- -- -~----~---·----- -~---------·-------~--------~·-------------

15 The above facts also show that on September 5, 2012, the City Clerk sent Respondent a letter informing him that his Termination report was incomplete and that Respondent had 7 days to submit a completed I ermination Report. Additionally, Respondent or Respondent's campaign made 1 deposit and 7 expenditures between March 9, 2012 and June 11, 2012 that Respondent falsely reported or deliberately failed to report on his original or on an amended Termination Report As of March 25, 2013, Respondent has not filed an amended Termination Report listing the transactions that took place dUiing the reporting period ..

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 September 12, 2012, William A Grear, Jr., violated Section 1 06 .. 07(2)(b) L, Florida Statutes, when he failed to file timely an addendum to his I ermination Report after receiving notice fiom the filing office

Count2

Between June 11, 2012, and September 12, 2012, Respondent _____ YiPliite_d Ss:J:tio_ll_106 120)_(S,_FJ()Iida Statutes, by falsely reporting

or deliberately failing to include infoi-mation lequirealJy-Cliapter --1 06 on his I ermination Report or an amended I ermination Report, when Respondent falsely reported or deliberately failed to report a March 9, 2012 expenditUie check to Effie C Grear for $100 00. (Check 9)

Count3

Between June 11, 2012, and September 12, 2012, Respondent violated Section 106 19(1 )(c), Florida Statutes, by falsely reporting 01 deliberately failing to include information required by Chapter 106 on his I ermination Report or an amended I ermination Report, when Respondent falsely reported or deliberately failed to report a March 11, 2012 expenditure check to Effie C Grear for $100.00 .. (Check 10)

Count4

Between June 11, 2012, and September 12, 2012, Respondent violated Section 106 19(1)(c), Florida Statutes, by falsely reporting or deliberately failing to include infmmation required by Chapter 106 on his Termination Report or an amended I ermination Repmt,

---~----~EE~_l_2_:2_§__~-g~_fL~~_Qmm.~n_datig_l_!__ _____ ___________________________ ---· . _4

when Respondent falsely rep01ted or deliberately failed to report a March 12, 2012 expenditure check to Albert L Polt, IV, for $80 .. 00 (Check 11)

CountS

Between June II, 2012, and September 12, 2012, Respondent violated Section I 06 .19(1 )(c), Florida Statutes, by falsely reporting 01 deliberately failing to include information required by Chapter 106 on his I ermination Report or an amended I ermination Report, when Respondent falsely reported or deliberately failed to report a March 12, 2012 campaign expenditure to WSWN for $110 00. (Check 12)

Count6

Between June II, 2012, and September 12, 2012, Respondent violated Section !06J9(1)(c), Florida Statutes, by falsely reporting or deliberately failing to include information required by Chapter I 06 on his I ermination Rep01t or an amended I ermination Report, when Respondent falsely rep01ted or deliberately failed to report a

--c-c~---_ ----_ -----~--March~n;-20t2--experrditureccheck-tocBffie-&-Grear~for~O 00.-_-__ ---_ --------c~--_ -----__ ----

(Check 13)

Count7

Between June II, 2012, and September 12, 2012, Respondent violated Section 106J9(1)(c), Florida Statutes, by falsely reporting or deliberately failing to include information required by Chapter I 06 on his Termination Report or an amended I ermination Report, when Respondent falsely reported or deliberately failed to rep01t a March 13, 2012 expenditure check to Effie C. Grear for $1 00 .. 00 .. (Check 14)

CountS

Between June 11, 2012, and September 12, 2012, Respondent violated Section 106J9(l)(c), Florida Statutes, by falsely reporting or deliberately failing to include information required by Chapter 106 on his I ermination Report or an amended I ermination Report, when Respondent falsely reported or deliberately failed to rep01t a March 21, 2012 expenditure check to himself for $18.40 .. (No check number)

-----------~CJ2.:2§_5_Sj_~ __ Recommendation -____________________ s ___ _ --------"--------------------·-----------------·----

Count9

Between June 11, 2012, and September 12, 2012, Respondent violated Section 106J9(1)(c), Flmida Statutes, by falsely rep01ting or deliberately failing to include information required by Chapter I 06 on his I ermination Report or an amended I ermination Rep01t, when Respondent falsely rep01ted or deliberately failed to report a March 12, 2012 deposit for $200 into his campaign account

Respectfully Submitted on April 10, 2013,

Eric M Lipman General Counsel

I reviewed this Staff Recommendation this I O~ay of April2013

Copy fi.unished to:

Amy McKeever Toman, Executive Director Cedric Oliver, Investigator Specialist

~-~F.,.-EC 12·265 Staff Recommendation

of3

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Dr. Grear died last week at the .age of 84

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Posted: 05/24/2012

By: Dan Corcoran

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BELLE GLADE, Fla.. --The Glades communities are in mourning after losing one of their own. Dr Effie Grear, who spent 44 years as an educator there, passed away last week following complications during heart surgery. Her life and her legacy were on the minds of many who attended a wake to say goodbye at Glades Central High School on Thursday night

William Grear, Jr., son of the late Effie Grear is hurting but he is not alone.

• Glades educator remembered "I want everybody to know that I'm not the only one hurting," said Mr Grear "This entire community is devastated by this loss .. "

Grear, 84, was a former Glades Central High School principal and helped shape generations of families over more than four decades as an educator and a leader in the city of Belle Glade ..

Hundreds gathered at the Raiders football field, a field that bares Grear's name.

news

Page2 of3

"She demanded that respect. She definitely wasn't mean or anything, but she commanded respect," said Candice Lovely, who is now fully grown Lovely remembers Grear as a principal and also as an inspiration to become a first grade teacher. "The way that I am with my students is because of the way she was with us," she said

After a lifetime of service, Grear's friends, family and community are forced now to press on without her ..

"Her legacy will be reaching, teaching, loving, learning and not leaving nobody behind," said David Nelson, Glades Central High School class of 1978.

A funeral will be held Saturday at Glades Centr·al High School gymnasium

Copyright 2012 Scripps Media Inc A!l rights reserved This material may not be published broadcast rewritten, or redistributed

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Po5tl!d: 0511712012

By: VVPTVWebToam

Parents and students in the Glades are remembering Doctor Effie Grear a longtime educator and leader

Doctor Grear passed away Wednesday

She spent most of her career in the Glades as a teacher band director and school administrator

The football stadium at Glades Central is named after her

CopyrtJ!ll 2012 Scrlpp.o:. Mc<:fla Inc All riflhls fl:·MM•d Thi~ matoriiJI rna)' 1101 be pubf•:lhOO. btORciCIISI tt'Wfl!tM Of r/XIlslrb\tlfiCI

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APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNAT'ION 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 campaign account. OFFICE USE ONLY

1. CHECK APPROPRIATE BOX(ES):

0 Initial Filing of Form Re-filing to Change: [gJ 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

William Alexander Grear, Jr. code)

661 SW 4th Street 4 Telephone 5 E-mail address Belle Glade, FL 33430 (561 ) 755-2139

6 .. Office sought (include district, circuit, group number) 7. If a candidate for a nonpartisan office, check if

Belle Glade City Commission - Seat C applicable:

D My intent is to run as a Write-In candidate. -·~·

8 If a candidate for a p!J!:lli!~. 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 0 Party candidate

0 ·campaign tiE>asllier .. IRI. -------------------- ---------------

9. I have appointed the following person to act as my Deputy Treasurer ----·--·-·····-·------·-.. --.--.....

10 Name of Treasurer or Depuly Treasurer William Alexander Grear, Jr. - --···-.. ----··--11 Mailing Address 12 Telephone

661 SW 4th Street ( 561 ) 755-2139 ,_ ··--.. ·---r--· ---~·--·--13 City 14 County 15. State 16 Zip Code 17 E-mail address

Belle Glade Palm Beach FL 33430

18 .. 1 have designated the following bank as my D Primary Depository D Secondary Depository ---·-·····---·-· .. ~···--···------

19. Name of Bank 20. Address

-:-:-·-·-·· .. ·-··· ----- ·-·-···- . 21 City 22 County 23. State 24 Zip Code

UNDER PENALTIES OF PERJURY, I DECL.ARE THAT I HAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATJON OF CAMPAIGN DEPOSITORY AND THAT THE FACTS STATED IN IT ARE TRUE . ------- .. -;::

25 Date

~ St:r ~Oft:e ~ Q~A v1 27 Treasurer's ~~ceptance of Appointment (fill in the blanks and check the appropriat~lock)

I, -·-··· William Alexander Grear , do hereby accept the appointment (Please Print or Type Name)

designated above as: 0 Campaign Treasurer 181 Deputy ·1 reasurer.

September4, 20·12 X lA )AJ~ ftu .. / ----·--~-· Date Signature of Campaign Treasurer or Depljlf Treasurer

OS-DE 9 (Rev. 10/10) Rule 1S-2.0001, FAC.

William A Grear, Jr Post Office Box 262

FLORIDA ELECTIONS COMMISSION 107 w •. Gaines Street, Suite 224


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

April 1, 2013

Belle Glade, Flmida 33430

RE: Case No.: FEC 12-265; Respondent: William A. Grear, Jr.

Dear Mr.. Grear:

The Commission staff has completed its investigation of the complaint filed against you on ____ _ ~Septembei._~Q,_1Q 12, ancl_is_r~ecortunen_Qfflgfu~<:()_U1!11issionfind _jlrobable s::~use to _<;h<lJ_g~you

with violating Florida's election laws As required by section f66 25,-Fiorida Statutes, you are ---- -being provided with a copy of the Staff Recommendation. If you choose to file a response to the reconunendation, you must file your response with the Commission within 14 days from the date of this letter If you timely file a response to the staff recommendation, the Conunission will consider your response when determining probable cause

At its meeting scheduled for May 14, 2013, the Commission will hold a hearing to determine whether there is probable cause to charge you with violating Chapter 104 or 106, Florida Statutes A notice of hearing will be mailed at least 14 days before the hearing The notice of hearing will indicate the location, date, and time of your hearing. You wil1 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

The Notice of Hearing will be mailed to the same address as this letter Therefore, if your address changes, you must notify the Conunission of your new address .. Otherwise, you may not receive the correspondence from the Commission staff Failure to receive the documents will not delay the probable cause hearing

Unless you have waived your privilege of confidentiality, please remember that the Staff Reconunendation and all other documents related to the complaint filed against you are confidential until the Commission finds probable cause or no probable cause, or unless you waive confidentiality in writing. If you retain counsel, your attorney must file a notice of appearance with the Conunission before any member of the Commission staff can discuss this case with him or her

SoflOO (1/08)

( (

After reviewing the Staff Reconnnendation, if you desire to enter negotiations directed towards reaching a settlement via consent agreement, please notify us in writing.

If you have any questions or need additional information, please contact me at extension I 02

Sincerely,

Enclosme: StaffRecommendation

/dam

ComO!! (11/07)

' I

FLORIDA ELECTIONS COMMISSION STAFF RECOMMENDATION

CASE NUMBER: FEC 12-265

In Re: William A. Grear, Jr, Case No.: FEC 12-265 ____________________ /

Pursuant to section 106 25( 4)( c), Florida Statutes, Ulldersigned staff counsel files this wtitten recommendation for disposition of the complaint in this case recommending that there is probable cause to charge Respondent with violating Sections 106,07(2)(b)l., and 106.19(l)(c), Florida Statutes. Based upon a thorough review of the Report of Investigation submitted on February 26,2013, the following facts and law support this staff recommendation:

I On or about September 20, 2012, the Commission received a referral from Complainant, Belle Glade City Clerk ("City Clerk") alleging that William A Grear, Jr., ("Respondent") violated Florida's election laws

2.. Respondent was a candidate for re-election to the Belle Glade City Commission, Seat C. He was defeated in the Match 13, 2012 election Complainant is the Belle Glade City Clerk ("City Clerk")

3 Respondent filed his Appointment of Campaign I reasurer attd Designation of Cat11paign Depository for Candidates (DS-DE 9) form with the Clerk on February 13, 2012 ..

---------Respondent-designatedDr-Effie-G.Great·ashiscampaign-treasurer----- (ROIExhibit-l}I- --------- -- -------- --

4.. Respondent's treasurer passed awal on May 16, 2012, just less thatt one month before Respondent's I ermination Report was due (Attachment "A")

5.. On December 14,2012, the Executive Director sent Respondent a letter informing him that the Commission staff would investigate the following:

Section 106.07(2)(b)l., Florida Statutes: Williat11 A Grear, Jr, cattdidate for election to the Belle Glade City Commission, failed to file an addendum report to his 2012 I ermination Report, as alleged in the complaint

Section 106.19(1)(c), Florida Statutes: Williat11 A Grear, Jr, candidate for election to the Belle Glade City Commission, falsely reported or deliberately failed to include information on his 20 I 0 G4 Campaign I reasurer 's Report, required by Chapter I 06, Florida Statutes, as alleged in the complaint.

1 The Report of Investigation will be referred to herein as "ROI "

2 Respondent's treasurer was his mother

FEC 12·265 Staff Recommendation I

Section 106.07(2)(b)I., Florida Statutes

6 By letter dated September 5, 2012, the City Clerk advised Respondent that he had failed to file timely an amended Termination Report within 7 days of being notified by the filing officer that his Termination Report was incomplete, and that he falsely reported or deliberately failed to report information required by Chapter I 06 (ROI Exhibit 4 & See ROI Exhibit 2)

7.. On September 4, 2012, at 12:02 p.m., Respondent provided the City Clerk with a written letter stating he could not complete his final report properly because his treasurer had passed away and he could not locate her records (ROI Exhibit 3) On the same date at 11:49 am., Respondent filed a second DS-DE 9 appointing himself as his deputy treasmer. (Attachment "B") At 11:58 am, Respondent filed a 2012 Termination Report that did not list any contributions received 01 expenditmes made on behalf of his campaign dming the repmting period. (ROI Exhibit 2)

8 By letter dated September 5, 2012, the City Clerk notified Respondent that his Termination Report, which was due by June 11, 2012, had been received by her office Respondent signed for the letter on September 7, 2012.. The City Clerk's letter stated Respondent's Termination Report " ..is deemed to be incomplete and has been accepted on a conditional basis " The letter also informed Respondent, in essence, that he had seven days to file an amended report listing all contributions received and all expenditmes made on behalf of his campaign dming the reporting period3 (ROI Exhibit 4)

-9----A:s-ofMarch 22; 20B;Respondenthas-failed- to file an amended Termination-----~~~ -report

Section 106,19(l)(c), Florida Statutes

10.. Despite Respondent's letter stating that he was not able to file his Termination Report because he could not find his treasmer's records, by September 2012, Respondent could have obtained the necessary information from his campaign depository to file a Termination Report 4

11. Candidates with oppositiOn are prohibited from rece!V!ng contributions and making contributions after being elected, defeated, unopposed, or withdrawing from an election Therefore, during the termination period, Respondent could only make campaign expenditures, and could not make any campaign expenditures except those specifically listed in Sections 106..11(5), & 106.141(1), Florida Statutes

12 Investigator Oliver subpoenaed records fiom Respondent's campaign account During the I ermination Reporting period, Respondent, or Respondent's campaign, made one Deposit for $200 on March 12, 2012, and 7 expenditmes that Respondent should have listed on his termination 1ep01t as listed in the following table ..

3 The Termination Report covered the dates of March 9, 2012, through June II, 2012 4 Given the mid May death of his mother, who also served as his campaign treasurer, it does not appear unreasonable that Respondent missed the June II, 2011 filing date.

FEC 12-265 Staff Recommendation 2

' I.

Date Item Payee Amount

03/09/2012 Check Effie C.. Grear $100 00 Number 9

03/1113012 Check Effie C. Grear $100.00 Number 10

03/12/2012 Deposit $200.00

03112/2012 Check Albert L. Polt, IV $80.00 Number II

03112/2012 Check WSWN $110 00 Number 12


03113/2012 Check Ellie C. Grear $100 00 Number 14

03/2112012 No Check William A Grear Jr. $18.40 Number

(ROI Exhibit 6)

13.. "Probable Cause" is defined as reasonable grounds 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, about which an [investigator] has reasonably trustworthy 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. 1st DCA 1995)

14 The above facts show that Respondent was a candidate for the Belle Glade City Commission, Seat C Respondent was defeated in the election Respondent's treasurer (mother) passed away on or about May 16, 2012 On September 4, 2012, Respondent submitted a letter to the Clerk stating that he was unable to complete his I ermination Report because his treasurer had passed away and he could not locate her records Respondent then submitted a second DSDE 9 appointing himself as his campaign's deputy treasurer. Immediately thereafter, Respondent filed a I ermination Report that failed to list any contributions received or expenditures made on behalf of Respondent's campaign during the reporting period 5

5 The dates covered by the 2012 Termination Report were March 9, 2012 through June II, 2012


( (

15.. The above facts also show that on September 5, 2012, the City Clerk sent Respondent a letter informing him that his I ermination repmt was incomplete and that Respondent had 7 days to submit a completed I ermination Report Additionally, Respondent or Respondent's campaign made I deposit and 7 expenditures between March 9, 2012 and June II, 2012 that Respondent falsely reported or deliberately failed to report on his miginal or on an amended Termination Report As of March 25, 2013, Respondent has not filed an amended I ermination Report listing the transactions that took place during the reporting period.

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

Count 1:

On 01 about September 12, 2012, William A Grear, Jr., violated Section I 06 07(2)(b) I , Florida Statutes, when he failed to file timely an addendum to his Termination Report after receiving notice from the filing office

Count2

Between June II, 2012, and September 12, 2012, Respondent violated Section I 06 19(1 )(c), Florida Statutes, by falsely reporting

------ -·- --------- oicdelifie!ately failingtO-ilic!uaeinfolmatioflTequifeabyClfapter I 06 on his I ermination Report or an amended I ermination Report, when Respondent falsely reported or deliberately failed to report a March 9, 2012 expenditme check to Effie C. Grear for $100 00. (Check 9)

Count3

Between June II, 2012, and September 12, 2012, Respondent violated Section 106 19(l)(c), Florida Statutes, by falsely reporting or deliberately failing to include information required by Chapter I 06 on his I ermination Report or an amended I ermination Report, when Respondent falsely reported or deliberately failed to report a March II, 2012 expenditure check to Effie C. Grear for $100.00 (Check 10)

Count4

Between June II, 2012, and September 12, 2012, Respondent violated Section I 06 19(1 )(c), Florida Statutes, by falsely reporting or deliberately failing to include information required by Chapter I 06 on his I ermination Repmt or an amended I ermination Report, when Respondent falsely reported or deliberately failed to report a

FEC 12-265 StaffRecommendation 4

/ ( (

March 12, 2012 expenditure check to Albert L Po it, IV, for $80 .. 00 (Check 11)

CountS

Between June 11, 2012, and September 12, 2012, Respondent violated Section 106 19(1)(c), Florida Statutes, by falsely reporting or deliberately failing to include information required by Chapter 106 on his Termination Report or an amended Termination Report, when Respondent falsely reported or deliberately failed to report a March 12, 2012 campaign expenditure to WSWN for $110 .. 00 (Check 12)

Count6

Between June 11, 2012, and September 12, 2012, Respondent violated Section 106 19(1 )(c), Florida Statutes, by falsely reporting or deliberately failing to include information required by Chapter 106 on his Termination Report or an amended I ermination Report, when Respondent falsely reported or deliberately failed to report a March 13, 2012 expenditure check to Effie C.. Great for $30 00 ..

·- -~ ·------------·------(Gheck-1-3)----- - ---·- . ___ . _ --· _ .. __ .. _______ _ --·------·-------- _ -··--·---- ·----·-----~-

Count 7

Between June 11, 2012, and September 12, 2012, Respondent violated Section 106 19(1 )(c), Florida Statutes, by falsely reporting or deliberately failing to include information required by Chapter I 06 on his I ermination Report or an amended I ermination Report, when Respondent falsely reported or deliberately failed to report a March 13, 2012 expenditure check to Effie C.. Grear for $100 .. 00 (Check 14)

CountS

Between June 11, 2012, and September 12, 2012, Respondent violated Section I 06 19(1 )(c), Florida Statutes, by falsely reporting or deliberately failing to include information required by Chapter I 06 on his I ermination Report or an amended I etmination Report, when Respondent falsely reported or deliberately failed to report a March 21, 2012 expenditure check to himself for $18 40 .. (No check number)


( (--

Count9

Between June 11, 2012, and September 12, 2012, Respondent violated Section 1 06..19(1)( c), Flmida Statutes, by falsely reporting or deliberately failing to include information required by Chapter 106 on his I ermination Report 01 an amended I ermination Report, when Respondent falsely reported or deliberately failed to report a March 12, 2012 deposit for $200 into his campaign account

Respectfully Submitted on April!, 2013,

Eric M Lipman General Counsel

I reviewed this Staff Recommendation this _Ls:f:_ day of April 2013

Copy furnished to:

Amy McKeever Toman, Executive Director Cedric Oliver, Investigator Specialist

FEC 12-265 StaflRecommendation 6

/

1,

Page 1 of3

····--·-····------·----·----- Dining Deals

.[~~~-~]1-~~E~~:I~E~~~-E~ I' T~AFF~~I~DE_~~LENT_ERT~~NMENTJ L;EST;~E I SPC

• ABOUT . ........ ,~--~----· -~·,-·-·--- ' . - ------------·-----~---


Dr. Grear died last week at the age of 84

Related Links

PJ fT] ~~-1 "'·' ~- lt!!J /A..i M:'lJ

Posted: 05/24/2012

By: Dan Corcoran

SHARETHIS

0

BELLE GLADE, Fla.-· The Glades communities are in mourning after losing one of their own, Dr .. Effie Grear, who spent 44 years as an educator there, passed away last week following complications during heart surgery Her life and her legacy were on the minds of many who attended a wake to say goodbye at Glades Central High School on Thursday night

William Grear, Jr, son of the late Effie Grear is hurting but he is not alone.

• Glades educator remembered "I want everybody to know that I'm not the only one hurting," said Mr .. Grear "This entire community is devastated by this loss .. "

Grear, 84, was a former Glades Central High School principal and helped shape generations of families over more than four decades as an educator and a leader in the city of Belle Glade ..

Hundreds gathered at the Raiders football field, a field that bares Grear's name ..

news

( Page 2 of3

"She demanded that respect She definitely wasn't mean or anything, but she commanded respect," said Candice Lovely, who is now fully grown Lovely remembers Grear as a principal and also as an inspiration to become a first grade teacher .. "The way that I am with my students is because of the way she was with us," she said.

After a lifetime of service, Grear's friends, family and community are forced now to press on without her.

"Her legacy will be reaching, teaching, loving, learning and not leaving nobody behind," said David Nelson, Glades Central High School class of 1978.

A funeral will be held Saturday at Glades Central High School gymnasium

Copyright 2012 Scripps Media, Inc All rights reserved This material may not be published, broadcast rewritten. or redistributed

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· Educator Dr F Grear dies a1 84 The football stadium at Glades Central is named after her

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;f,u/. !J/Jf/;~ (;;} ;;: '19 Am APPOINTMENT OF CAMPAIGN TREASURER

AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDIDATES

(Section 106 021(1), F S.)




0 Initial Filing of Form Re .. filing to Change: [8] Treasurer/Deputy 0 Depository D Office 0 Party

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

William Alexander Grear, Jr .. code)

661 SW 4th Street 4 .. Telephone rmail address Belle Glade, FL 33430 (561 ) 755-2139

6 .. Office sought (include district, circuit, group number) 7 If a candidate for a nonpartisan office, check If


D My intent is to run as a Write-In candidate ·--~···

8 If a candidate for a P!lrli!il!.P.. office, check block and fill in name of party as applicable: My intent is to run as a

0 Write·ln D No Party Affiliation 0 Party candidate

-9+have·appolnted-the-followlng-personto-actas-my .. ---8--Campalgn-Treasurer .. ~!HI~-Deputy-lreasurer-.... --~--________ ,., .... --··-··-·--····-----···" 10 Name of Treasurer or Deputy Treasurer William Alexander Grear, Jr. - __ ... _______ .. _ 11 . Mailing Address 12 Telephone

661 SW 4th Street ( 561 ) 755·2139 _, .. ·--·--------- ---· --···----13 .. City 14 County 15. State 16 Zip Code 17 E-mail address


18. I have designated the following bank as my D Primary Depository 0 Secondary Depository ---·-···-···-···-····-·· .. -------· 19 Name of Bank 20. Address

-:::-:-----··· .. - ... ... __ ....... ________ 21 City 22 County 23 .. State 24. Zip Code

UNDER PENALTIES OF PERJURY, I DECt.ARE 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

~st:r~~=e ..l.:t Q. ~ ~ ,;)

27 Treasurer's Acceptance of Appointment (fill in the blanks and check the appropriatyf>lock)

I, -·--- William Alexander Grear , do hereby accept the appointment (Please Print or Type Name)

designated above as: 0 Campaign Treasurer 181 Deputy Treasurer

September4, 2012 X lA LJ~u"J\V ~u-.. / ----------Date Signature of Campaign Treasurer or Dep~ Treasurer

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

William A. Grear, Jr 661 SW 41

h Street

(

FLORIDA ELECTIONS COMMISSION 107 W. Gaines Street, Suite 224


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

March I, 2013


RE: Case No.: FEC 12-265

Dear Mr Grear:

The Commission staff has completed its investigation of the complaint filed against you on September 20, 2012 As required by section 106 25, Fl01ida Statutes, you are being provided a

~ .. ·-----copy-of~the-Report-of~Investigationc-·Should-youchooseto ~file-a·r esponse~to-thereport;-you1I!ust~-~file your response with the Commission within 14 days from the date of this letter If your response is timely filed, the Commission will consider it when determining probable cause

Commission staff will review the Report ofinvestigation and make a written recommendation to the Commission on whether there is probable cause to charge you with violating Chapter I 04 or 106, Florida Statutes You will receive a copy of this staff recommendation and will have the opportunity to file a response .. Should you choose to do so, your response.must be filed with the Commission within 14 days from the date the recommendation is mailed to you.. If your response is timely filed, the Commission will consider it when determining probable cause

The Commission will then hold a hearing to determine whether there is probable cause to believe you have violated Chapter 104, 105 01 I 06, Florida Statutes You and the complainant will receive a notice of hearing at least 14 days before the hearing The notice of hearing will indicate the location, date, and time ofyour 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 Staff Recommendation and the Notice of Hearing will be mailed to the same address as this letter Therefore, if your address changes, you must notify the Commission of your new address Otherwise, you may not receive the correspondence from the Commission staff Failure to receive the documents will not delay the probable cause hearing

rnv!OO (6/09)

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 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 fiom 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

Ifyou have any questions or need additional information, please contact me

Sincerely,

DP=!h'!L~ Agency Clerk

Enclosme: Report ofinvestigation

/darn

lnv!OO (6109)

r' /

I '

I '

FLORIDA ELECTIONS COMMISSION REPORT OF INVESTIGATION

Case No,: FEC 12-265

Respondent: William A, Gr·ear, Jr. Counsel for Respondent: N/ A

Complainant: Debr·a R. Buff Counsel for Complainant: N/A

On September 20, 2012, the Florida Elections Commission received a sworn complaint alleging that Respondent violated Chapter I 06, Florida Statutes The Commission staff investigated whether Respondent violated the following statutes:

Section 106.07(2)(b)1, Florida Statutes, failure of a candidate to file an addendum to an incomplete report after receiving notice from the filing officer; and

Section 1 06 .. 19( 1 )(c), Florida Statutes, prohibiting a person or organization from falsely reporting or deliberately failing to report information required by Chapter I 06, Florida Statutes.

-------- --I.-----J>r·eliminar~yiuformation:--------------------------··----------------------------------------

1 Respondent was a candidate for re-election to the Belle Glade City Commission, seat c. Larry Underwood secured more than 62 percent of the vote to defeat Respondent in the March 13, 2012 election

2 Respondent filed his Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates (DS-DE 9) form with his filing officer on February 13, 2012. To review a copy of Respondent's DS-DE 9 form, refer to exhibit L

3 Complainant is employed as the Belle Glade City Clerk; she also serves as Respondent's filing officer

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

4.. I investigated whether Respondent violated this section of the elections laws by not filing an addendum to an incomplete report after receiving notice fiom the filing officer

5 Complainant alleges that Respondent failed to file an addendum to his 2012 TR Report for his 2012 election campaign after receiving notice that it was incomplete.

6 On September 4, 2012, Respondent filed his 2012 TR Report with his filing officer It should be noted that this report reflected no TOTAL Monetary Contributions to Date as well as no TOTAL Monetary Expenditures to Date. To review a copy of Respondent's 2012 TR Report, refer to exhibit 2

Inv002 (7/08) 1

( / '

7. On September 4, 2012, Respondent also provided his filing officer with a letter informing her that he was unable to complete his final report properly because his campaign treasurer died1 Respondent states that he was unable to locate her records to complete his 2012 TR Report To review a copy of this letter, refer to exhibit 3

8 On September 5, 2012, Complainant sent Respondent a certified letter informing him that his 2012 TR Report was incomplete and late. The letter states:

Your Campaign Treasurer's Report, which was due in my office on or before June 11, 2012, was received on September 4, 2012. Jn the absence of your Campaign Treasurer, you, as the Deputy Treasurer (and Candidate), are herby noticed that said report is deemed to be incomplete and has been accepted on a conditional basis, in accordance to Florida Statutes 106 07(2)(b)(l). Furthermore, within 7 days after receipt of this notice you must file an addendum to the report providing all information necessary to complete the report in compliance with this section Failure to file a complete report after such notice constitutes a violation of Florida Statutes Chapter 106

To review a copy of the September 5, 2012 certified letter, refer to exhibit 4.

9 As ofthe date of this report, Respondent's 2012 TR Report has not been amended to reflect his campaign receiving any contributions or making any expenditures during this time period.

-- ~--------- -----------ro~------Th-e1~rts-no--Tec-ord- that-·Respondent·--has---previously---violated -- this---section-of--the----------election laws.

III. Alleged Violation of Section 106.19(1)(c), Florida Statutes:

11 I investigated whether Respondent violated this section of the election laws by falsely reporting or deliberately failing to report information required by Chapter 106, Florida Statutes

12 Complainant alleges that Respondent failed to report information on his 2012 TR Report that is required by Chapter 106, Florida Statutes

13 On March 9, 2012, Respondent filed his 2012 04 Report with his filing officer This report covers the period of February 18, 2012 through March 8, 2012. It should be noted that this report is the report, directly preceding, the reporting period of Respondent's TR Report This report reflects $1,650 in Total Monetary Conhibutions to Date, as well as $76160 in Total Monetary Expenditures to Date2 To review a copy of Respondent's 2012 04 Report, refer to exhibit 5 ..

14 Records from Respondent's campaign depository reflect activity occurring during

1 Records reflect that Dr Ef!ie Grear, Respondent's mother, died on Wednesday, May 16, 2012 Dr Grear also served as Respondent's campaign treasurer 2 I his report reflects money still remaining in Respondent's campaign depository

lnv002 (7 /08) 2

------

I

' (

the reporting period of Respondent's 2012 TR Report. To review records from Respondent's campaign depository, refer to exhibit 6.

15 .. As to information regarding the reason Respondent states that his 2012 TR Report information was filed incorrectly, please refer to paragraph 7

16. There is no record that Respondent has previously violated this section of the election laws ..

IV. FEC History

17. Respondent has been involved in one prior case. The commission will hear FEC 12-145 during its May 2013 Commission meeting to determine if there was a possible violation of106 .. 141(1)

Conclusion:

18. In a February 18, 2013 final interview, Respondent was offered an opportunity to make comments regarding the findings of this investigation.. Respondent states that he did not intentionally do anything fraudulent Respondent emphasized that he has a history of filing timely and complete campaign reports with the exception of his final TR Report, due to the unexpected passing of his mother, who also served as his campaign treasurer .. Respondent states that he filed his 2012 TR Report to the best of his ability, even though he was not aware of where his mother/campaign treasurer stored the financial records related to his campaign. --------- --~- -- - ----------------·--·----·---------------------------- ----------------------------------------------------------·-

19 A review of Respondent's campaign depository records reflect that Respondent's campaign treasurer authorized a campaign check for $18 40, payable to Respondent, on March 21, 2012-eight days after the election The check indicates that the pmpose ofthe payment was "closing account" Depository records reflect that tire check was presented for payment the following day, March 22, 2012 Respondent's campaign treasurer passed away on May 16, 2012 To review records from Respondent's campaign depository, refer to exhibit 6, page 7

20 In a February 14, 2013 telephone interview, Complainant states that she gives all of the candidates a "City of Belle Glade Election Packet" that includes all of the candidates qualifying documents, calendar of reporting dates, and other relevant election information I o review a copy of the "City of Belle Glade Election Packet", refer to exhibit 7.

2L The "City of Belle Glade Election Packet" informed all candidates that the 2012 TR Report is due by Tune 11, 2012 .. It states, "Final report due within 90 days of the Election in which the candidate last participates.. Reports may be submitted prior to the deadline " I o review a copy ofthe "City of Belle Glade Election Packet", refer to exhibit 7.

22 On February 13, 2012, Respondent signed his Statement of Candidate for Belle Glade City Commission, Seat c acknowledging that he had been provided access to read and understand the requirements of Chapter 106, Florida Statutes. To review a copy of the Statement of Candidate, refer to exhibit 8.

Inv002 (7/08) 3

(

'

Current address of Respondent

Mr. William A Grear, Jr. 661 SW 4th Street Belle Glade, Fl 33430

Name and Address of Filing Officer:

Ms .. Debra R Buff Belle Glade City Clerk

Respectfully submitted on Febmary 26, 2013

e nc Oliver Investigation Specialist

Cunent address .of Complainant

Ms .. Debra R Buff II 0 Dr Martin Luther King Jr Blvd West Belle Glade, Fl 33430

110 DL Martin Luther King Tr Blvd West Belle Glade, Fl 33430

Copy furnished to: Mr. David Flagg, Investigations Manager

Inv002 (7/08) 4

(

FLORIDA ELECTIONS COMMISSION REPORT OF INVESIIGATION William A. Grear, Jr.-- FEC 12-265

Exhibits #s Description of Exhibits

Exhibit I Respondent's DS-DE 9 form

Exhibit 2 Respondent's original2012 TR Report

Exhibit 3 Respondent's September 4, 2012 letter

Exhibit 4 Filing officer's September 5, 2012 certified letter

Exhibit 5 Respondent's original 2012 G4 Report

Exhibit 6 Records from Respondent's campaign depository

Exhibit 7 City of Belle Glade Election Packet

Exhibit 8 Statement of Candidate

lnv004 (5/08)

.

(

FLORIDA ELECTIONS COMMISSION PHONE LOG


Respondent: William A. Grear, Jr.

Complainant: Debra R. Buff

I Date and time: February 14, 2013 @2:20pm Name: Complainant Phone#: (56!) 996-0100 ext 113 Summary: I had telephone contact to inquire if Respondent has submitted his 2012 IR Report with corrections as of this date.. Complainant informed me that he has submitted his 2012 TR Report; however, the report still has errors and he needs to file an amendment Complainant advised me that Respondent has multiple errors on his report. I request that she forward a copy ofthis report to my attention. I thanked her for her assistance Memo to File? No Entered by: CKO

2 Date and time: February 18,2013@ 10:45 am Name: Respondent Phone#: (561) 755-2139 Summary: I had telephone contact to discuss allegations for final interview Respondent

··-. ---------.. states .. that.he_did.noLdo.anything .. intentionall)di:audulent . ...Resp_ond_e;nt __ s_tress_e_d_thath~ has __ a history of filing his reports completely and timely. Respondent states that his mother, who was also his campaign treasurer, passed away unexpectedly and he did not know where she stored his campaign records to complete his campaign reports. Respondent states that he attempted to file his 2012 TR Report but was informed that it was incomplete and had errors due to missing information Respondent states that he attempted to explain that he was unable to locate his financial information but was told that the report needed to be amended Respondent states that he amended his report to the best of his ability. Respondent again stressed that he has no history of filing his reports untimely or incomplete. I explained that I would document this information Memo to File? No Entered by: CKO

3 Date and time: February 20,2013@ 8:00am Name: Debra Buff.-FO Phone#: (56!) 996-0100 ext 113 Summary: I had telephone contact to request a copy of Respondent's previously filed campaign reports for this election Ms .. Buff states that she will forward to my attention Memo to File? No Entered by: CKO

4.. Date and time: February 25, 2013@ 2:15pm Name: Complainant Phone#: (561) 996-0100 ext 113

lnvOO l (1 0/07)

( .. ,

'

Summary: I had telephone contact to inquire if Respondent has amended his 2012 TR Report at this time Complainant states that Respondent has not amended his report as of this date. I thanked Complainant for her attention to this matter .. Memo to File? No Entered by: CKO

5 Date and time: Februruy 26, 2013 @ 11:50 am Name: Complainant Phone#: (561) 996-0100 ext 113 Summary: I had telephone contact to inquire if there was any knowledge of when Dr Grear was admitted into the hospitaL Complainant states that she didn't have any knowledge Memo to File? No Entered by: CKO

INV001 (12/01) 2

/' I '


(Section 106 .. 021(1), F..S)


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

(

- . OFFICE USE ONLY

1._iHECKAPPROPRIATE BOX(ES): Jill .. lnttial Filing of Form . . . Re-filing to Change: 0 Treasu~r/Deputy 0 Deposttory 0 Office . 0 Party

2 .. Name of Candidate (in this order: First, Middle, Last) 3 .. Address (include p_ost office box or street, c~t¥. state, zip

\;\/J/ ~~~~~---- A:l~,ra.I\J~r _ Gr€~.r 'JI{, code) 661 S- (A}, l(i.J. S~r'ee"l 4 .. Telephone 5. E-mail address

( 6 ·(I( > 'f£>-s-:oo31. Belle Glade, Florida 33430 -------------:--'----....,.----------__J'--·---.----,-,----------,--·---------6 Office sought (Include district, circuit, group number) 7 If a candidate for a nonpartisan office, check if

Belle Glade City Commission - Seat. ~ _ applicable: 0 My intent is to run as a Write- in candidate .. 1--------------------··----'---------------------J

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 0 Party candidate.

- -9.cl· have-appolnted·the·follow!ng· perscmto act as·my-··(B""campai~WTreasilrer--·o-----De!flltji'Treasurer -. ------- - ··-·--·· ·- ----··

0 Name pt Treasurer or ~puty Treasurer

.V~ ff-\ie __ C._{ir-ec.._: ______ ------· 11 Mailing Address ------- --r-:1-::-2 .-=r=-e=-lep-:h-o-ne-

f,o Ba"' Q.6 :). <S"&I > 16't-t<f'i"i' ---,-,-::,.-::-:--··- --:7"=:-::-:--r-:-=-::--....J,..:.----- --1

15 .. State 16. Zip Code 17 E-mail address Florida 3 3 'I Jc)

14. County \Jcv \ >1\ ~c.<a-h

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

19-Name of Bank--·----- --1

l2o Address ------·-

·-·- 5o,~~~--- . o t 13e lie. G"'IQ Jle _ _! o s- 5' .;.: , /tl.! <eN ~....:e..:...--,-0-=--...,..-=..,...__-... -__ 21 City 22 <fRl!IJIY 23 St<jte 24. Zip Code

&lk G!cJe V~\M !3ec..~~ !=-tort•cl~ SF-lJ o UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND

DESIGNATION OF CAMPAIGN DEPOSITORY AND THATTHE FACTS STATED IN IT ARE TRUE. 1--::-,:-::--:-----------------------,r:-:-:::-:--:----::--::--:::-:•-:-------·------J

25 .. Date 26 .. Signature of Candidate ~

\ 0 Fe0. 11-- X (,.J ~,, _ _;Jj.., o..c,

27. Treasurer's Acceptance of Appointment (fill in the blanks and check the amiropriate block)

I, LfPtc. e!. G- IZe fl ~ - ··-------- ,doherebyaccepttheappointment '

1 (Please Print or Type Name)

'esignated above as: Campaign Treasurer O Deputy Treasurer

X ..... ___ .......... E..f.L..; __ .. L .lf:1 <>--""· t<A-- ... """''; ...... ~--·- .. . ·· Sign~tut!ryf s.;ampaign Treasure~:o(Dt)putyTrea~wer: · .·. · ·

(1)

(2)

' I (

. FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS

CAMPAIGN TREASURER'S REPORT SUMMARY .

City, State, Zip Code'

0 CHECK IF ADDRESS HAS CHANGED (3) ID Number: --------

(4) Check appropriate box(es):

[!}eandidate (office sought): --l<&,.t=:.!\..,_\~---'G~lc::~:?----'G:::.· "-'v'l.,~----=CO""-"-r/I>'YI.::..:..:.:'S:::..::flc.:a-'-'1 "'-'---'oo,.,':..::""..:.!-__::G:___ 0 Political Committee 0 CHECK IF Pd HAS DISBANDED

0 Committee of Continuous Existence 0 CHECK IF CCE HAS DISBANDED

0 Party Executive Committee

D Electioneering Communication 0 CHECK IF NO OTHER ELECTIONEERING COMMUNICATION REPORTS WILL BE FILED

(5) REPORT IDENTIFIERS

Cover Period: From _3_ I .__!_ I \ L To __&__ I ._1_[ I _E. Report Type 1 J'Z [3-0liginal 0 Amendment 0 Special Election Report 0 Independent Expenditure Report

Total Monetary

In-Kind

(9) TOTAL Monetary Contributions To Date

$ (10) TOTAL Monetary Expenditures To Date

$ ________ _

(11) CERTIFICAT'ION

It is a first degree misdemeanor for any person to falsify a public record (ss. 839.13, F .S.)

I certify that I have examined this report and it is true, I certify that I have examined this report and it is true, correct, and complete correct, and complete ..

(Type name) 'v-,./1 lii<Afv'\ C-reo.r JtL (Type name) \A/,/ ""-M G-ref,( J'~ Olndividual (only for 0 Treasurer Bt>eputy Treasurer [Beandidate 0 Chairperson (only for PC, PTY &

~¥ ~fi/ ~,;;:;~ -:r:;···.,~-' OS-DE 12 (Rev .. 08/04) EXHIBIT~ \oHaJ 000008

( _,_

INSTRUCTK , FOR CAMPAIGN TREASURER'S REI n SUMMARY

(1) Type full name of candidate, political committee, committee of continuous existence, party executive committee, or individual or organization filing an electioneering communication report_

(2) Type the address (include city, state, and zip code)._ You may use a post office box If the address has changed since the last report filed, check the appropriate box

(3) Type identification number assigned by the Division of Elections

(4) Check one of the appropriate boxes: Candidate (type office sought- include district, circuit, or group numbers) Political Committee Committee of Continuous Existence Party Executive Committee Electioneering Communication

If PC or CCE has disbanded and will no longer file reports, check appropriate box_ If individual or organization will no longer file electioneering communication reports, check appropriate box_

(5) Type the cover period dates (e_g, From 07/01/03 To 09/30/03) Enter the report type using one of the following abbreviations (see Calendar of Election and Reporting Dates), If report is for a S(lecial election, add "S" in front of the report code (e_ g_, SG3)

Quarterly Reports General Election Reports January Quarterly Q4 46th Day Prior _G1 April Quarterly _ Q1 32"' Day Prior _ G2 July Quarterly Q2 18th Day Prior _ _ _ _ _ _ _ _ _ _ _ _ G3 OCtOber Quarterlyucccccccuccucccuccccccuccccc ucuccccccccccccc cc ccccu Q3 4lh Day Prior uccccccccccuccccucccucccccccuc,,,,,,,ucucuucccccuc,,,,,, • G4

32"' Day Prior _ Primary Reports

F1 90-Day Termination Reports (Candidates Only) 18'" Day Prior __ _ _ F2 4th Day Prior ••••••••••ccc•cc••cc••••••••-•cc••••••••cc•••••''""u"•••••-·••••ccc F3

Termination Report TR

- -··~~-~ .... Cbe.cKcm~ ofJ])~apRf9Pda1e-J?g_)(es: __ . -·· -·----~-----·--·-·- . ·-- ----------~------~----- --· Original (first report filed for this reporting periodj Amendment (an amendment to a previously filed report) Special Election Report Independent Expenditure Report (see Section 106 071, F S.)

(6) Type the amount of all contributions this report: Cash & Checks Loans Total Monetary (sum of Cash & Checks and Loans) In-kind (a fair market value must be placed on the contribution at the time it is given)

(7) Type the amount of all expenditures this report: Monetary Expenditures Transfers to Office Account (elected candidates only) Total Monetary (sum of Monetary Expenditures and Transfers to Office Account)

(8) Type the amount of other distributions (goods & services contributed to a candidate or other committee by a PC, CCE or PTY)

(9) Type the amount of TOTAL monetary contributions to date (parties keep cumulative totals for 2 year periods at a time (e g, 01/01/02 -12/31/03). Candidates keep cumulative totals from the time the campaign depository is opened through the termination report).

(10) Type the amount of TOTAL monetary expenditures to date (parties keep cumulative totals for 2 year periods at a time (e g, 01/01/02 -12/31/03). Candidates keep cumulative totals from the time the campaign depository is opened through the termination report)

(11) Type or print the required officer's name and have them sign the report: · Candidate report (treasurer & candidate must sign) PC report (treasurer & chairperson must sign) CCE report (treasurer must sign) PTY report (treasurer & chairperson must sign) Electioneering Communication report (individual or organization's treasurer & chairperson must sign)

AMENDMENT REPORTS: An amendment report summary should summarize only contributions, expenditures, distributions, & fund transfers being reported as additions or deletions .. Read the instructions for the sequence number & amendment type fields on the back of forms DS-DE 13, 14, 14A and 94. The Division will summarize all reports submitted for each reportin!l period and for· the filer· to date.

EXHIBIT 9W~ 0) UtJUUU~

l ( CAMPAIGN ....• EASURER'S REPORT -ITEMIZED JNTRIBUTIONS

(1) Name (2) LD .. Number _____ _

(3) Cover Period I I through I I (4) Page of (5) (7) (8) (9) (10) (11) (12)

Date Full Name (6) (Last, Suffix, First, Middle)

Sequence Street Address & Contributor Contribution In-kind Number City, State Zip Code Type Occupation Type Description Amendment Amount

I I

I I

I I

··-~···-·- . .. ----' ---·-- . - .............. ---~-- -- ...• ·-··-··········-- ... -----

I I

I I

I I

I I

I I

DS-DE 13 (Rev. 08/03) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

EXHIBIT &('?D~ (o) 000010

/

I,

INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT -ITEMIZED CONTRIBUTIONS

(1) Type candidate's full name or name of the political committee (PC), committee of continuous existence (CCE) or party executive committee (PTY)

(2) Type the identification number assigned by the Division of Elections

(3) Type cover period dates (e.g, 7/1/03 through 9/30/03) (See Calendar and Election Dates for appropriate year and cover periods.)

(4) Type page numbers (e .. g., _1_ of 2.._)

(5) Type date contribution was RECEIVED (MonthiDay/Y ear).

(6) Sequence Number- Each detail line shall have a sequence number assigned to it. Sequence numbers are to be assigned within each reporting period and for each type of detail line Thus the report type, detail line type, and sequence number will combine to uniquely identify a specific contribution, expenditure, distribution or fund transfer This method of unique identification is required for responding to requests from the Division and for reporting amendments

For example, a Q1 report having 75 contributions would use sequence numbers 1 through 75 The next report (Q2), comprised of 40 contributions would use sequence numbers 1 through 40. Contributions on amended Q 1 reports would begin with sequence number 76 and on amended Q2 reports would begin with sequence number 41 See the Amendment Type instructions below

(7) Type full name and address of contributor (including city, state and zip code).

(8) Enter the type of contributor using one of the following codes:

Individual = I Business

Committees

Political Parties

Other

= 8 (also includes corporations, organizations, groups, etc .. )

= C (includes PC's, CCE's and federal committees)

= P (includes federal, state ad county executive committees)

= 0 (e.g .. , candidate surplus funds to party, etc .. )

__ IyRe_o_c_cURatLe>n9J99nJril:>_ute>r fpr C()ntrib!Jtionsover $100 only (lfa__bu_sil1_€l~s,. i)l€)aS€) in_dicatene~turElof business ) · - ---- -

(9) Enter Contribution Type using one of the following codes: DESCRIPITION CODE

NOTE: Cash includes cash and cashier's checks .. Cash CAS Check CHE In-kind INK Interest INT Loan LOA Membership dues DUE Refund REF

(1 0) Type the description of any in-kind contribution received.

Candidate's Only- If in-kind contribution is fi'Om a party executive committee and is allocable toward the contribution limits, type an "A" in this box, If contribution is not allocable, type an "N".

(11) Amendment Type (required on amended reports) -To add a new (previously unreported) contribution for the reporting period being amended, enter "ADD" in amendment type on a line with ALL of the required data

The sequence number for contributions with amendment type "ADD" will start at one plus the number of contributions in the original report. For example, amending an original Q1 report that had 75 contributions, means the sequence number of the first contribution having amendment type "ADD" will be 76; the second "ADD" contribution would be 77, etc.. When amending an original Q2 report that had 40 contributions, the sixth "ADD" contribution would have sequence number 46. To correct a previously submitted contribution use the following drop/add procedure. Enter "DEL" in amendment type on a line with the sequence number of the contribution to be corrected In combination with the report number being amended, this sequence number will identify the contribution to be dropped from your active records. On the next line enter "ADD" in amendment type and ALL of the required data with the necessary corrections thus replacing the dropped data Assign the sequence number as described above

(12) Type amount of contribution received. Committees of continuous existence ONLY: Any contribution which represents the payment of dues by a member in a fixed amount pursuant to the schedule on file with the Division of Elections need only list the aggregate amount of such contribution, together with the number of members paying such dues and the amount of membership dues

EXHIBIT d ( L\ o~ (oJ 000011

(

CAMPAIGN TREASURER'S REPORT -ITEMIZED EXPENDITURES (1)Name __________________________________ __ (2) LD .. Number __________ _

(3) Cover Period ____ / ____ / ____ through ____ / ____ / __ __ (4) Page ________ of ____ _

(5) (7) (8) (9) (10) (11)

Date Full Name Purpose

(6) (Last, Suffix, First, Middle) (add office sought if Expenditure Street Address & contribution to a Sequence

City, State, Zip Code candidate) Type Amendment Amount Number

I I

I I

I I

. - ···-··-· -·~-" -------·--·-· -- ·-··--------·-··· . -- ·--~---·-··· -------···-·· - .. ----- .. ·-------· ~-·-- ·- -···- ·- -·- ----· -- --·-··--·- -----·-··- ------· -- -·-·--··

I I

I I

I I

I I

I I

DS-DE 14 (Rev .. 08/03) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

EXHIBIT ~f5o~· !pJ OuOOl2

( '

INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT ·ITEMIZED EXPENDITURES



(3) Type cover period dates (07/01/03 through 09/30/03). (See Calendar and Election Dates for appropriate cover periods.)

(4) Type page numbers (e g , 1 of~)

(5) Type date of expenditure (Month/Day/Year)

(6) Sequence Number- Each detail line shall have a sequence number assigned to it Sequence numbers are to be assigned within each reporting period and for each type of detail line Thus the report type, detail line type, and sequence number will combine to uniquely identify a specific contribution, expenditure, distribution or fund transfer This method of unique identification is required for responding to requests from the Division and for reporting requirements.

(7)

For example, a 01 report having 40 expenditures would use sequence numbers 1 through 40 The next report (02), comprised of 30 expenditures would use sequence numbers 1 through 30 Expenditures on amended 01 reports would begin with sequence number 41 and on amended 02 reports would begin with sequence number 31. See Amendment Type instructions below

Type full name and address of entity receiving payment (including city, state and zip code)

. __ (8) Type purpose of expenditure (if expenditure is a contribution to a candidate, also type the office sought by the ----ciandicfatei) ____ I'CEA:SE--NOTE:······Tnfs ·column-aces Tforap-ply-to-candidate-expen·ditares-;-·as-candidates·-cannot--···

(9)

contribute to other candidates from campaign funds However, PCs (supporting candidates), CCEs and party executive committees contributing to candidates must report office sought (Section 1 06 07, F .S ) .

Enter Expenditure Type using one of the following codes:

TOA

DESCRIPTION I CODE 1-D-is-po-s-it-io_n __ o_f_F-un_d_s_(_C_an-d-id-a-te-)-------1~-·····-····c;j$············

Monetary MON Petty Cash Withdrawn l PCW Petty Cash Spent I PCS

Transfer to Office Account I Refund REF

(10) Amendment Type (required on amended reports) - To add a new (previously unreported) expenditure for the reporting period being amended, enter "ADD" in amendment type on a line with ALL of the required data.

The sequence number for expenditures with amendment type "ADD" will start at one plus the number of expenditures in the original report. For example, amending an original 01 reports that had 75 expenditures, means the sequence number of the first expenditure having amendment type "ADD" will be 76; the second "ADD" expenditure would have sequence number 39

To correct a previously submitted expenditure use the following drop/add procedure. Enter "DEL" in amendment type on a line with the sequence number of the expenditure to be corrected In combination with the report number being amended, this sequence number will identify the expenditure to be dropped from your active records. On the next line enter "ADD" in amendment type and ALL of the required data with the necessary corrections thus replacing the dropped data Assign the sequence number as described above.

(11) Type amount of expenditure.

EXHIBIT ~((oo~ 0) 000013

i 1 :' it : i i i I'

( /'

'

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............. -lj ................ :l ...... '"_ ~!¥'.~ ........ ~!'~~-- ...... \<?. .. f.9.~'12~-- .... ~1c .... J!~L .... . .. .. ,.. .......... ~-~~~:~t- -·t~~~~~~~:- .. !..~~:; .... 1~~~:f-: .. -~:~~{~ .. J~f· .I ...... ~~~L ... .. ........................ U ................... ~ ......... -....................................................................................................................................... ..

--~- -~=1t~~~~--~:c:~~~= = ~~~~''-.=:~·}_, :~ =~ -~ ·~-~= :: _: ·--·· ... _. ...... --·-----------....... --·- ................. _ .. ___ ---- .. · ._ .............. ------- ...... "0.;Ir:::l.·-··;J_-~-- ;-.. .

-~~ ~=---~1~=-===::::_:.::::::::::·=-=-----= ::::::_:~==== =-===~::

II .................... rL ......... - ............ ~ ··--11 _ ..................... _ ............ +-· ·········-.. ., ..... - .................. ---.................................................................................................................................................... . I,

................................ ~!·····--·""'"'""''"''""-""'"" ..................... _ ............ _ ....................................... --~---............. - ............................................................................... ..

l! ..................... TI_ ................................................................................................................................................... .. II .. '

o>-. ' 0> .. __ ,,_, ''""' 0 ,,,,.._,,,_ ,,..,, '" __ ,_._M> --~"'''"--~·~-"'>~0~-· ---~~ ·~·-···~ .o~···-···-~-"·~·--· 0 ~-· '> ·-·" ''"'- >nNo'~O ··~q >"0 - ·- -~·-m > -••o• o >«•-<> N- 0,'~-~--·-··· o •0'>• M""·~~-.. ~·-··· '""<'>-~> ~---- <""> .. ~·--·"·-----·

'' ! I .................................. _-i-•----------·" --· _ ....................... ·-·""""'"'"'"""'"'' ........................................ ,_.._,_.., .. , ..................................................................... .. I! ................................. -H· ____ ... __ .. ______ ...... -.. -- .......................................................................... -.............................................................................. ..

............... l-f...... ....... ........ .............. . ........................... .. jj .. ·n ..... -................ --- .................................. ..

................ ............... !~ . .,.,,_ ....................... ·---------............................................................................................... . 1: " I i

··--~,,.-----~.-~-.TI. --------~~--"·--... ~N·--~,.·~--~--~-~'"·--·"··· -~---~~------··-"·----.-·-·----"-~-·--~--~~-~~-··· ···-····-~-------"-"'··~· ··--···---··-··--~-.. ~----·---·-----· -·---~---~----·.-..

l! .. ___ ...................... n--·· .......................................................................................................................................................................................... ·- ............. .

.............. ----.. ~~ -~-EXHIBIT--· .. -3·-·-·-·---.. ·~= ....... ~ ........................... -......................... ..................... .

. .................... --!~---------.. ---.. --------------.......... - ..... ·-~·~-.0 .. 0..0..0.6...1 ............................................................................................. .. I' d

A Municipal Corporation since September 11, 1945

Tel: 561-996-0100 Fax: 561-993-1814

www bellegladegov ,com

Commissioners

Steve B, Wilson Mayor

Mary Ross Wilkerson Vice Mayor

. Mic~Jl~L~, f':1artin Treasurer

Johnny Burroughs, Jr.

Larry Underwood

Lomax Harrelle City Manager

' I '

( '

City of Belle Glade Office of the City Clerk

SeptemberS, 2012

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED No., 7011 2970 0003 0549 3896

William A. Grear, .h 661 SW 4th Street Belle Glade, FL 33430

RE: Campaign Treasurer's Report Reporting Period: March 9, 2012 thru June 11, 2012 Report Type: TR

Dear Mr, Grear:

This notice serves to advise you of two mattet s regarding your above referenced Campaign lreasuret's Report. First its incompleteness and second its lateness and associated assessed fine.,

... -. ····-------·-·--·--·--- -- ··- -·- ·--- ., __ ,_____ ........ ---·· ·- -·--·---·- - ........... -~------ . -- ··--· -·~ ··-----·- -- ........ - ----------"--··-·-- ---·---·--------""'"'""'' _______ ,. Yom Campaign Treasurer's Report, which was due in my office on or before June 11, 2012, was received on September 4, 2012, copy enclosed.. In the absence of your Campaign Treasurer, you, as the Deputy Treasurer (and Candidate), are hereby noticed that said report is deemed to be incomplete and has been accepted on a conditional basis, in accordance to Florida Statutes 106.07(2)(b)(1). Furthermore, within 7 days after receipt of this notice you must file an addendum to the report providing all information necessary to complete the report in compliance with this section. Failure to file a complete report after such notice constitutes a violation of Florida Statutes Chapter 106, copy enclosed,

As governed by Flotida Statutes 106 .. 07, be advised your repmt has been deemed incomplete by evidence of yom two (2) campaign account bank statements (copies enclosed) submitted to me on August 15, 2012, along with the items listed below (where applicable):

A) As governed by Florida Statutes 106.07, your rep01t did not contain information of all previously unreported contributions received and expenditures made as of the preceding reporting period

B) As governed by Florida Statutes 106.07(4)(a), yom report did not contain:

"1 The full name, address, and occupation, if any of each person who has made one or more contributions to or for such committee or candidate within the reporting period, together with the amount and date of such contributions., For

' II(\ . ~ '5.l corporations, the report must provide as clear a description as practicable of the

EXHIBIT~ IlQ "QI. Ma:tin Luther King, Jr. Blvd, West, Belle Glade, FL 33430

000004

September 5, 2012 William A Grear, Jr .. Page 1 of4

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principal type of business conducted by the corporation. However, ifthe contribution is $100 or less or is from a relative, as defmed ins .. 112.312, provided that the relationship is reported, the occupation of the contributor or the principal type of business need not be listed 2 The name and address of each political committee fi:om which the reporting committee or the candidate received, or to which the reporting committee or candidate made, any transfer of ftmds, together with the amounts and dates of all transfers 3 .. Each loan for campaign purposes to or fi:om any person or political committee within the reporting period, together with the full names, addresses, and occupations, and principal places of business, if any, of the lender and endorsers, if any, and the date and amount of such loans .. 4.. A statement of each contribution, rebate, reftmd, or other receipt not otherwise listed under subparagraphs L through 3 5 The total sums of all loans, in-kind contributions, and other receipts by or for such committee or candidate during the reporting period The reporting forms shall be designed to elicit separate totals for in-kind contributions, loans, and other receipts. 6.. The full name and address of each person to whom expenditures have been made by or on behalf of the committee or candidate within the reporting period; the amount, date, and purpose of each such expenditure; and the name arrd address of, and office sought by, each carrdidate on whose behalf such expenditure was made .. However, expenditures made fi:om the petty cash fund provided by s. 106.12 need not be reported individually. 7.. The full name and address of each person to whom an expenditure for personal services, salary, or reimbursement for authorized expenses as provided in s .. 106.021(3) has been made and which is not

----otherwise-reported;includingihe-amount;date;andpurpose-ofsuch-expenditure:-However;expenditures-made from the petty cash fund provided for in s .. 106.12 need not be reported individually .. Receipts for reimbursement for authorized expenditures shall be retained by the treasurer along with the records for the campaign account 8.. The total amount withdrawn arrd the total amount spent for petty cash purposes pursuarrt to this chapter during the reporting period. 9. The total sum of expenditures made by such committee or candidate during the reporting period 1 0.. The amount arrd nature of debts arrd obligations owed by or to the committee or candidate, which relate to the conduct of any political campaign 11.. I ransaction information for each credit card purchase .. Receipts for each credit card purchase shall be retained by the treasurer with the records for the campaign account 12.. The amount and nature of any separate interest-bearing accounts or certificates of deposit and identification of the financial institution in which such accounts or certificates of deposit are located 13. The primary purposes of an expenditure made indirectly through a campaign treasurer pursuant to s .. 106.021(3) for goods and services such as communications media placement or procurement services, campaign signs, insurance, and other expenditures that include multiple components as part of the expenditme. The primary purpose of an expenditure shall be that purpose, including integral and directly related components, that comprises 80 percent of such expenditure "

Please be mindful, Florida Statutes 106..07(5) governs "The candidate and his or her campaign treasurer shall certify as to the correctness of each report; and each person so certifying shall bear the responsibility for the accuracy and veracity of each report Any campaign tr·easurer, carrdidate, or political committee chair who willfully certifies the couectness of any report while knowing that such report is incorrect, faJse, or incomplete commits a misdemeanor of the first degree, punishable as provided in s 775.082 or s 775.083" Copies of s 775 .. 082 and s .. 775.083, Florida Statutes, are enclosed for your review.

EXHIBIT q ( ~ o ts) 000005

September 5, 2012 William A G-rear, Jr Page2 of4

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To assist you in prepru:ing an addendum enclosed you will find Campaign Treasurer's Repmting fmms DS-DE 12 (Surnmru:y), DS-DE 13 (Itemized Contributions), and DS-DE 14 (Itemized Expenditures}. Should you need additional forms, please let me know and I will be glad to provide them or you can download the forms from the State Division of Elections' website at http:llelection.dos.state.fl.uslindex.shtmL

Furthe1more, you have failed to timely file this same Campaign Treasurer's Repo1t that was due in my office by June 11, 2012, by 5:00p.m As such, your r·eport is determined late and a fine will be assessed upon filing of your addendum

Section 1 06 .. 07(8)(b ), Flo1ida Statutes, 1equires that "Upon dete1mining that a repmt is late, the filing officer shall immediately notify the candidate ........ as to the failure to file a repmt by the designated due date and that a fine is being assessed fo1 each late day. The fine shall be $50 per day for the first 3 days late and, thereafte1, $500 per day for each late day, not to exceed 25 percent of the total 1eceipts 01 expenditures, whichever is g~eate1, for the pe1iod cove1ed by the late report "

Once your addendum to your campaign treasurer's 1epo1t is filed, this office will notify you of the specific amount of your fine.. As govemed by Florida Statutes, Chapte1 106, fines shall be paid within 20 days of receipt of the payment due notice, and must be paid from your peJ:sonal funds- not from your campaign funds ..

Please be advised, failure to file a campaign treasurer's repmt or failure to pay the fine imposed constitutes a violation of Chapter 106, Flmida Statutes, which is independent of the automatic fine violation referenced above.

· Tlierefofe;· ifyoufail ~tome·a:!epott; thaveno other recourse but to·turn the matter over to the FloridaE!ections ~.. ·~·

Commission

Section 106.265(1), Floiida Statutes, copy enclosed, autho1izes the Floiida Elections Commission, upon fmding a willful violation of Chapter 106, Flmida Statutes, to impose a civil penalty up to $1,000 per count fo1 each willful violation

Should you wish to file an appeal to the Florida Elections Commission, you must submit a notice of appeal to the Commission, in writing within 20 days of the date ofreceipt of this notice. The Florida Elections Commission's address is 107 West Gaines Street, Collins Building, Suite 224, Tallahassee, Florida 32399-1050 [phone (850)922-4539] Please 1efer to Section 106.07, Florida Statutes, which govems the filing of candidate and political committee reports and Rules 2B-1005, 1.0052 and 10055, Florida Administrative Code, (copies enclosed) goveming Appeal of fines imposed by filing officer; Fine imposed I Timely filed reports; and Latefiled repmts I Unusual circumstances .. Additionally, you will need to send a copy of your notice of appeal to the City of Belle Glade, addressed to the attention of City Cleil<ISupeivisoi of Elections, at 110 D1 Mmtin Luthe1 King, Jr .. Blvd .. , West, Belle Glade, FL 33430 ..

If you have any questions, please do not hesitate to contact me at (561) 992-1609

Debra R Buff, JV!!Vl!../

City Clerk/Supervisor of Elections

EXHIBIT 4 c 'Q o~tO) -- 000006

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SENDER: COMPLETE THIS SECTION .,

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

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

• Attach this card to the back of the mallpiece,

. . .. . _ ............. _ ... ~ .............. _ ...... ··~-~=·· go!::r og:n~t~h~e~fro~n~t ~lf~~gl1.•~.c~e~R~e~rm~its~c-=-=·"· ====~ tlff~~fit~~~~:ti;t~;t;~'B~~""""" Article Addressed to:

William A. Grear, Jr. 661 SW 4th Street Belle Glade, FL 33430

If YES, enter delivery address below: D No

3. Service Type [XI Certified Mall D Registered CJ

D Express Mail :Kl Return Receipt for Merchandise

2, Article Number (T'ransfer froir) ser;lce fabeO '7 0 11 2 9 7 0 0 0 0 3 0 5 4 9 3 8 9 6

PS Form 3811, February 2004 Domestic Return Reoeipt

EXHIBIT~ (4o~5J 000003

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Certified Mail Provides: c A mailing receipt m A unique identifier for your mail piece c A record of de live I)' kept by the Postal Service for two ye~rs

Important Reminders: m Certified Mail may ONLY be combined With First-Class Mails or Priority Mai~. c Certified Mail is nOtB.vailable for any class of intemati<?nal mail. c NO INSURANCE COVERAGE IS PROVIDED .with Certified Mail. FOr

valuables, please consider ·InsUred or Registered Mail. I! For an addition81 fee, a Return Receipt may be requested to provide proof of

delivery. To obtain Beturn Receipt serv,ce, please complete and attach a Return Receipt (PS Fomf3~11l to the a. rticl6 and add applicable postage to cover the fee. Endorse mailp~e Return Receipt Requested". To receive a fee waiver for a duplicate return r~eipt, a USP~ postmark on your Certified Mail receipt is reqUJred --

c For an additional ·fee, delivery may be restricted to the addressee. ot addressee's authorized agent. Advise the clerk or mark the maUpiece with th"9 endorsement ~RestrictedDelivery~ ·

c If a postmark on the Certified Mail receipt is desired, please present the arti-· cle at the post office for postmarking If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mall

IMPORTANT: Save this receipt and present it when making an Inquiry .. PS Form 3800, Augusl2006 (Reverse) PSN 753CH>2 .. Q00.·9047

---ITED STATES POSTAL SERVICE till I First-Class Mail

'4~'i'.CJ~'>'.i · '18.~H•'1 <B:!:i~·~ F-l : r.~ I '· Postage & Fees Paid USPS Penni! No. G-10

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• Sender: Please print your name, address, and ZIP+4 in this box •

Debra R. Buff, MMC .. .-City Clerk City of Belle Glade 110 Dr. Martin Luther King, Jr. Blvd., West Belle Glade, FL 33430-3900

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F-----------------~( ~·~----~~--------~(\ ~ --------------~ FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS

CAMPAIGN TREASURER'S REPORT SUMMARY

OFFICE USE ONLY

Address (number and street)

Belle Glade, Florida 33430 -----··---City, State, Zip Code

0 CHECK IF ADDRESS HAS CHANGED (3) ID Number: -·----~-----·· (4) ~JCk appropriate box(es):

@J Candidate (office sought): City commission - seat &.... _ ·-----__ _ 0 Political Committee . 0 CHECK IF P9 HAS DISBANDED 0 Committee of Continuous Existence 0 CHECK IF CCE HAS DISBANDED D Party Executive Committee 0 Electioneering Communication 0 CHECK IF NO OTHER ELECTIONEERING

COMMUNICATION REPORTS WILL BE FILED

{5) REPORT IDENTIFIERS

Cover Period:

.~iginai From .:L !/ V I /2-- To S I lJ I I '2..- Report Type G L-{

0Amendment D Special Election Report D Independent Expenditure Report

(5) CONTRIBUTIONS THIS REPORT (7) EXPENDITURES THIS REPORT ... --~-:~~-;~~e~:: -$~ _ _13 tJd -.o<~)- ---- --~:;:~~~;~s -$ -- ... -f:-(;if;f//c~r:-/7 ~-Loans $ _________ _

Total Monetary $

In-Kind $ -·--------·----

(9) TOTAL .. Monetary Contributions To Date

$ __ !6,rra

Transfers to Office Account $

Total Monetary

(8) Other Distributions $ ·-~·

(10) TOTAL Monetary Expenditures To Date $ Q0f.t;6 ____ .

(11) CERTIFICATION It Is a first degree misdemeanor for an~ parson to falsify_ a public record (ss. 839.13, F.S.)

I certify that I have examined this report and it is true, I certify that I have examined this report and it is true, correct, and complete correct, and complete ..

(lype namti (¥ 1 ~("' c;.p,"' fl;= e . ---Oindividual (only for G'freasurer 0 Deputy Treasurer electioneering commun.)

X . &>2.-- (if ~.l.c.dZ..&'.:..AA~==--Signa~

OS-DE 12 (Rev .. 08/04)

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INSTRUCTlOI'\ 'OR CAMPAIGN TREASURER'S REP T SUMMARY - ... ···-(1) Type full name of candidate, political committee, committee of continuous existence, party executive

committee, or individual or organization filing an electioneering communication report. -··-· ·-····

(2) Type the address (include city, state, and zip code) .. You may use a post office box If the address has changed since the last report filed, check the appropriate box. (

··~·-· ··-(3) Type identification number assigned by the Division of Elections.

~- . ,, -- ··-(4) Check one of the appropriate boxes:

Candidate (type office sought - include district, circuli, or group numbers) Political Committee Committee of Continuous Existence Party Executive Committee Electioneering Communication

If PC or CCE has disbanded and will no longer file reports, check appropriate box. If individual or organization will no longer file electioneering communication reports, check appropriate box.

- --(6) Type the cover period dates (e .. g , From 07/01/03 To 09/30/03)

Enter the report type using one of the following abbreviations (see Calendar of Election and Reporting Dates). If report is for a special election, add "S" in front of the report code (e .. g., SG3). ___ , _____

,. ---Quarterly Reports General Election Reports

January Quarterly . Q4 46'" Day Prior . G1 April Quarterly '' 01 32"" Day Prior. .. G2 July Quarterly ...... Q2 18th Day Prior . . .. .. ., , , , ., . . . . , .. G3 October Quarteffie .......................................... ~, ............. 03 ··- 4th DayPrior, ............................................................. , .... G4

32"' Day Prior .. Primary Reports

F1 90 ·Day Termination Reports (Candidates Only) 18thDayPrlor.. ............ , .... .. . ....... F2 Termination Report, . .TR 4th Dav"Prior .......... , ........................................ = ....... F3 ·- ···- -· - --

Check one of the appropriate boxes: -·· ---~·---··~ · -· -.:original-(first report filed .for this reporting perio.dL . .

Amendment (an amendment to a previously filed report) ··~--- -~-·--· ..... ··--·-·- . ---··-

Special Election Report Independent Expenditure Report (see Section 106.0'71, F.S.) -


-(7) Type the amount of all expenditures this report:

Monetary Expenditures Transfers to Office Account (elected candidates only) Total Monetary (sum of Monetary Expenditures and Transfers to Office Account)

·- --(8) Type the amount of other distributions (goods & seNices contributed to a candidate or other committee by

a PC, CCE or PTY). .. -- -(9) Type the amount of TOTAL monetary contributions to date (parties keep cumulative totals for 2 year

periods at a time (e.g , 01/01/02 ·-· 12/31/03). Candidates keep cumulative totals from the time the campaign depository is opened through the termination report).

·- ---(10) Type the amount of TOTAL moneta!Y expenditures to date (parties keep cumulative totals for 2 year

periods at a time (e.g., 01/01/02 ·-· 12/31/03). Candidates keep cumulative totals from the time the campaign deposito!Y is opened through the termination report).

:----"' .. - --(11) Type or print the required office(s name and have them sign the report:

Candidate report (treasurer & candidate must sign) PC report (treasurer & chairperson must sign) CCE report (treasurer must sign) PTY report (treasurer & chairperson must sign) Electioneering Communication report (individual or organization's treasurer & chairperson must sign)_

AMENDMENT REPORTS: An amendment report summary should summarize only contributions, expenditures, distributions, & fund transfers being reported as additions or deletions. Read the ·Instructions for the sequence number & amendment type fields on the back of forms DS··DE 13, 14, 14A and 94.. The Division will summarize all re~orts submitted for each reeortlng Eerlod and for the filer IODate. - -··

"

( I \__ --

CAMPAIGN nL_.,sURER'S REPORT- ITEMIZED 0 JTRIBUTIONS

(1) Name /1/rflvtmL.C!~,e..l\Tr. (2} ID. Number ··---·-··-·--

;.j' (3) Cover Per]2!_ ... ~ I 11.7- through fC> fl ___ _{4) Page of .. -(5) (7) (8) (9) (10) (11) (12)

3 L I


Sequence Street Address & Contributor Contribution In-kind

Number City, State Zio Code ·rvoe · occuoatlon Tvoe bescnotlon Amendment Amount -·~-

f1 u,<f 1 !'·th<>':e,-' •• J """

rl1 IZ-~ 1~0 fJ•"i ;?96 f c:.f/( :;/joo, ·-

.16' ejj.,_Cjf}J..,_( r-: L-

6{) I t <?'I ';70

V(;"rr,.,"W- w u·s>A, ... ,t; -·· ----·-·- ··---

~-~-X1 I I _,f_ !<&t-i .t t I 4t j6d iPI I ·-5 F Ql..,.~ ~~ <2/f t"

OC! z_. fJ e/fz.&./. lN<? 1 f '-· "? ::0 't :tJ:C>

-·-·--··-····-----· 1-- -__ ., ___

·-

g I I I/~ /Jane «.rf- . (!_._,_,-s., II

u.J ;"[It :;":" $';oo .:t-:9 '1- N I cl . ~ ( c!_l/[

{JiJ ,? f?e/b. ~I ;r<{e.r F'-·· '8"' ~;;-6 --·- ···-

- ca.z;;.. A-~>-1 - --- e~--"" ---·- ·-·---~·-···- ----·-·--- ---- -·- -·--- -·--- ·- ... --- ·-·----~---· .. ·-·· --- -··· ---·-·--·- ·- -------- -- ···-

fj I - /____j__j~ ?fl> "J..o~IJ)<($'(1.. :;-,- ~~-;~,}:r C/1-G' ii,;J_ .£,"()

(jtJ'i. II· j.;t<J.J..,.Jr.-krrl.- I

-g a a,;.- I I ·-

E lv;~: f>, :~~~ . .,.7-t--

y!r rJ•~~ ·~ ..... -

? '{ I I J-.. if. 6~) I {I) II- .J fl., A"

t_,/;~ I 7 :J...~ . f'- I ,.. .... 13 e/1"'- G-1 .r4 .e r cfO b

t); "'f .,u I, ---·-- ,(()tt<f;:e ~>W"oN, P_-irJ!~ li- (;l,;re --- --

:.?> 1 t{ I (~-- 4 at .. c't'R"<f. (1.11>-r· PA '/1{ j;CJ. xruo ( /?. 9-r 12.-lf"£ ~/, '-

{; () (:, {i,,'<Z$ < "'(k f "' t>'J'fo/

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I /LtrM-iT/iffS"Cf:"V-1 "'I --- --- -·-- --

·:3 I <f I I:?-· .;- (A), )<;<?... A t/t; () (j __ ;:._

f?.e/lt2.. 0-/~"-1 (.' I.- I ~ttb" oti 7 ;3. ~ Y-:;: 0

--·. --· - -

I I ··---

I -- -- """

DS-.OE 13 (Rev .. 08103) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

EXHtBIT·""5CSJ:lo) ........... . - .-•.·.- . ·--

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INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT -ITEMIZED CONTRIBUTIONS (1) Type candidate's full name or name of the political committee (PC), committee of continuous existence (CCE) or

party executive committee (PTY) (2) Type the identification number assigned by the Division of Elections

(3) Type cover period dates (e g .. , 7/1/0S.through .. 9/30/03_).. (See Calendar and Election Dates for appropriate year and cover periods.)

(4) Type page numbers (e g .. , _1_ of . ...1J (5) Type date contribution was RECEIVED (Month/Day/Year) ..

(6) Sequence Number- Each detail line shall have a sequence number assigned to it. Sequence numbers are to be assigned within each reporting period and for each type of detail line Thus the report type, detail line type, and sequence number will combine to uniquely identify a specific contribution, expenditure, distribution or fund transfer. This method of unique identification is required for responding to requests from the Division and for reporting amendments.

For example, a Q1 report having 75 contributions would use sequence numbers 1 through 75 The next report (02), comprised of 40 contributions would use sequence numbers 1 through 40 Contributions on amended 0 1 reports would begin with sequence number 76 and on amended 02 reports would begin with sequence number 41 See the Amendment Type instructions below.



Individual = I Business = B (also Includes corporations, organizations, groups, etc.)

Committees = C (includes PC's, CCE's and federal committees) Political Parties = P (includes federal, state ad county executive committees) Other = 0 (e.g., candidate surplus funds to party, etc.)

Type occupation of contributor for contributions over $100 only .. {If a business, please indicate nature of ________ bugnes!l_L ___

(9) Enter Contribution Type using one of the following codes: - DESCRIPIT)di\I · · CODE-

NOTE: Cash includes cash and cashier's checks ..

(1 0) Type the description of any in-kind contribution received

Cash Check In-kind Interest Loan Membership dues Refund __ _

CAS CHE INK INT LOA DUE REF

Candidate's Only -If in-kind contribution Is from a party executive committee and Is allocable toward the contribution limits, type an "A" in this box. If contribution Is not allocable, type an "N" ..

(11) Amendment 'Type (required on amended reports)- To add a new (previously unreported) contribution for the reporting period being amended, enter 'ADD" In amendment type on a line with ALL of the required data. The sequence number for contributions with amendment type "ADD" will start at one plus the number of contributions in the original report.. For example, amending an original 01 report that had 75 contributions, means the sequence number of the first contribution having amendment type 'ADD" will be 76; the second 'ADD" contribution would be 7 7, etc.. When amending an original Q2 report that had 40 contributions, the sixth "ADD" contribution would have sequence number 46 To correct a previously submitted contribution use the following drop/add procedure.. Enter "DEL" in amendment type on a line with the sequence number of the contribution to be corrected. In combination with the report number being amended, this sequence number will Identify the contribution to be dropped from your active records. On the next line enter "ADD" in amendment type and ALL of the required data with the necessary corrections thus replacing the dropped data. Assign the sequence number as described above

(12) Type amount of contribution received Committees of continuous existence ONL'(: Any contribution which represents the payment of dues by a member in a fixed amount pursuant to the schedule on file with the Division of Elections need only list the aggregate amount of such contribution, together with the number of members paying such dues and the amount of membership dues

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pAMPAIGN TREASURER'S REPORT -ITEMIZED EXPENDITURES (1) Name ?tJ lift f'Jh) IJ-., &;.e... <1./n--({. t <:r r<.... ------· (2) LD, Number ____ _

(3) Cover Period cP---1 It' rf ,;;_. through___.iLI_f_; I :L (4) Page _____ !._ __ of -'-( __ _

----~5-)·---r-----~(n.-----r---..(Sn)--.--m~,--,·-,(1~0)'--r--c(~11~

Date Full Name Purpose (S) (L.ast, Suffix, First, Middle) (add office sought If

Street Address & contribution to a Expenditure Sequence T Number City, State, Zlp Code candidate) ype Amendment Amount

.2... p. 7 1; /-r· _ _£,__ 6<.) i

? j/ j/Z

o;Jb"

? j7jl'7..

{)0 0

ifPr ~c -- a..-;.--::;;:~:--+---------1r-----t---------r------1

.s .. J ,_, ·"/1- S:r I ~ c .411-__ ·A'ril .. ; il __, 6--o &, ~ ( ~· I :;··v f f II ,,_,__, PJI Y pt< "'

1J .d/ <. <::S.-1 ;r4 "' I F' ~~l'?v

t-----t--·---------·-·-·------+------+-----1-- -+-·---

r---L I 60?

r-----------1------------·--+-----------------r---·----·----- --- -----1

/ _..1 ... -'---i

DaY '-:::-c:-=::-:-:------ -------------------'---------'--·----'---·-'-·--

OS-DE 14 (Rev., 08103) SEE REVERSE FOR INSTRUCTIONS AND CODE VAL.UES

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INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT ···ITEMIZED EXPENDITURES

(1) Type candidate's full name or name of the political committee (PC), committee of continuous existence (CCE) or party executive committee (PTY).


(3) Type cover period dates (QZLQ.1/03 through 09/30/03). (See Calender and Election Dates for appropriate cover periods)

(4) Type page numbers (e g, 1 of ID


(6) Sequence Number · Each detail line shall have a sequence number assigned to it Sequence numbers are to be assigned within each reporting period and for each type of detail line. Thus the report type, detail line type, and sequence number will combine to uniquely identify a specific contribution, expenditure, distribution or fund transfer This method of unique identification Is required for responding to requests from the Division and for reporting requirements.

For example, a Q 1 report having 40 expenditures would use sequence numbers 1 through 40 The next report (Q2), comprised of 30 expenditures would use sequence numbers 1 through 30. Expenditures on amended Q 1 reports would begin with sequence number 41 and on amended Q2 reports would begin with sequence number 31 .. See Amendment Type instructions below

(7) Type full name and address of entity receiving payment (including city, state and zip code).

(8) Type purpose of expenditure (if expenditure is a contribution to a candidate, also type the office sought by the candidate). PLEASE NOTE: This column does not apply to candidate expenditures, as candidates cannot

···--confrioute·fo 6!11er cani:liaates-·fiorifcampaign··fonds:·--·However;-·pcs-(supporting-candidates);·ceEs-and party executive committees contributing to candidates must report office sought (Section 106 .. 07, F..S.)

(9) Enter Expenditure Type using one of the following codes:

DESCRIPTION

Disposition of Funds (Candidate) Monetary Petty Cash Withdrawn Petty Cash Spent Transfer to Office Account Refund !.!.:::="---···-·····-------

CODE

DIS MON PCW PCS TOA REF

(1 0) Amendment lype (required on amended reports) ·· To add a new (previously unreported) expenditure for the reporting period being amended, enter "ADD" in amendment type on a line with ALL of the required data

The sequence number for expenditures with amendment type ''ADD" will start at one plus the number of expenditures in the original report. For example, amending an original Q1 reports that had 75 expenditures, means the sequence number of the first expenditure having amendment type "ADD" will be 76; the second "ADD" expenditure would have sequence number 39

To correct a previously submitted expenditure use the following drop/add procedure. Enter "DEL" in amendment type on a line with the sequence number of the expenditure to be corrected In combination with the report number being amended, this sequence number will identify the expenditure to be dropped from your active records. On the next line enter "ADD" in amendment type and ALL of the required data with the necessary corrections thus replacing the dropped data Assign the sequence number as described above ..

(11) Type amount of expenditure

(

CAMPAIGN ACCOUNT FOR WILLAIM A. GREAR JR 661 SW 4TH STREET PO BOX 262 BELLE GLADE, FL 33430

Page Number· Account Number: Date

1 of3

02/29/12

I

Enclosures

$$Effective Febr-uary 26, 2010 aU checks will be processed through the Fede ral Reserve in Cleveland

Regular Checking

Summary of Activity Since Your Last Statement

Balance Forward From 02/13/2012 00 Images Enclosed 7

7

I

... ,3.J:>~gg_sits/Cr_edits .. 435 00 + Minimum Balance -38 60 5 Withdrawals/Debits::~ · ·::::::::::~~~. -- --·--·· ·--338 .. 6o·c.---f1vera'(fe'Balance~·::·:~-.--c ·--·······--· · ---140·74·· ···· ··--· -- ... ,,.

Ending Balance As Of 0212912012 96 40 Average Available Balance 123 09

--------------------------DEPOSITS--------------------------DATE 02/1312012 02/2112012 02/2812012

AMOUNT DESCRIPTION 200 00 Regular Deposit 100 00 Regular Deposit 35 00 Force Pay Credit

DATE

0212812012

AMOUNT DESCRIPTION Nsf Charge Refund

100 00 Regular Deposit

--------------------------CHECKS---------------------------DATE 0212412012 02i27/2012

CHECK NO AMOUNT 100.00 5000

DATE 02121/2012 0212712012

CHECK NO 9999. 9999.

AMOUNT 143 60 10 00

• -denotes missing check number in sequence

DATE 0212712012

FEES CHARGED AMOUNT DESCRIPTION

35 00 NSF Check Charge Item: $10.00 Check: 9999

TOTAL FEES FOR THIS PERIOD

--------------------DAILY BALANCE INFORMATION----------·-----DATE 0211312012 0211312012

BALANCE 0 00

200 00

DATE BALANCE 02121/2012 156 40 0212412012 56 40

EXHIBIT-l(ou..:.(w\.wo£_>-1"'-u!::= 000044

DATE 02127/2012 02/2812012

BALANCE -38 60 96 40

CAMPAIGN ACCOUNT FOR WIL.LAIM A. GREAR JR 661 SW 4TH STREET PO BOX262 BELLE GLADE, FL 33430

~·

l

Page Number Account Number·: Date

Enclosur'es

2of3

02/29/12

7

SUMMARY OF FEES FOR PAYING AND RETURNING ITEMS

Refunded Fees For

Total Overdraft Total Returned Item Total Overdraft 1 Total Returned em Reoortina Period Fees Fees Fees Fees I TOTAL THIS CYCLE 35.00 35.oo I I !TOTAL YEAR TO DATE 35.00 35.00 I I

EXHIBIT__;roj,W,.GJA,I.a r±<-1--· ·_._.7 )_ OJOfJ~5

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

02/13/2012 $200.00

~ CHECKING ACCOUNT J 2?~i7~ DEPOsrr I~

-: EP lllicm C-,re<)(v J"e :-"" ::::'~ 7'..;"

ounorAO. '~ ~

q/;"o .. o:!

96()--

aeoleJ:>-·

I OOCO

1 t J 6 J

NAMI! C .,..,.J,.. ""9"'/9«AJ~ ~

ACCOlllfi'NO

02 24 2012 $100.00 "

0272772012 :Sso.oo

02/21/2012 9999 ;$143.60

EXHIBIT--:::;.,b(.:....~f2~.o::....!.~-~..:..l..:.,_

'"';::I'"'

Account: Date

Od0046

02/29/12

T '

i !

I '

' I

CAMPAIGN ACCOUNT FOR WILLAIM A. GREAR JR 661 SW 4TH STREET PO BOX262 BELLE GLADE, FL 33430

Page Number Account Number: Date

1 of4

03/31/12

I

Enclosures

$$Eff~ctive February 261 2010 all checks will be processed through the Federal Reserve in Cleveland

Regular Checking


Balance Forward From 03/01/2012 96 40 Images Enclosed ~- --~·---5-DepositsiCredits ,,, .... -.-..... ~----·~ 1,100 00 + Minimum Balance

16 000

I

16

11 Withdrawals/Debits... .... .. ..... .. ·--·:f,T9_6_4o-:---·Averag€fB.alan·ce .. ·-.:--:·~· .. c ....... -~ .. · .. 193·81 .. -- .... ~ .. ·-Ending Balance As Of 03/31/2012 00 Average Available Balance 113 16

-------------DEPOSITS-------------DATE 03/01/2012 03/05/2012 03/05/2012

AMOUNT DESCRIPTION 250 00 Regular Deposit 100.00 Regular Deposit 400 00 Regular Deposit

DATE 03/08/2012 03/12/2012

AMOUNT DESCRIPTION 150 00 Regular Deposit 200 00 Regular Deposit

---------------CHECKS---------------DATE 03/05/2012 03/07/2012 03/09/2012 03/12/2012 03/12/2012 03/13/2012

CHECK NO AMOUNT 100 00 350 00 200 00 100 00 100 00

30 00

DATE 03/13/2012 03/19/2012 03/22/2012 03/15/2012 03/05/2012

CHECK NO

12. 9999.

AMOUNT 100 00 80 00 1840

110 00 8 00

• ~denotes missing check number in sequence

DAILY BALANCE INFORMATION · DATE BALANCE DATE BALANCE DATE BALANCE 02/29/2012 9640 03/08/2012 538 40 03/15/2012 9840 03/01/2012 34640 03/09/2012 33840 03/19/2012 18 40 03/05/2012 738 40 03/12/2012 338.40 03/22/2012 0 00 03/07/2012 38840 03/13/2012 208 40

EXHIBIT (o(Lf o ~ :D OJ0047

/'

CAMPAIGN ACCOUNT FOR WILLAIM A, GREAR JR 661 SW 4TH STREET PO BOX 262 BELLE GLADE, FL 33430

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Page Number Account Number': Date

Enclosures

2of4

03/31/12

16


Refunded Fees For

Total Overdraft Total Returned Item Total Overdraft Total Returned em R"fllr!ing Period Fees Fees Fees Fees I TOTAL YEAR TO DATE 35.00 35.00 I

OJ00~8

03/01/2012 $250 00

CHECKING ACCOUNT -CEPOSIT I OUME•C

05 2012 $100.00

. --=

::2-00 QQ

- ·· ··--.¢'c·o~~··

03 05/2012 $400.00 -

03/08/2012 $150.00

2.§d .. o(J

03 12 2012 $200.00

03/05/2012 $100.00

EXHIBIT__i!.L(o~( (I!Ll.o J-Ll.-...!'...7 J~...-

' I

'

I Q~<;l

Account: Date

03/07 2012 :;>350.00

03 09 2012

03712 2012

"'"

03/12 2012

$200.00

$100.00

IIIIIIIIIUI/JIIIII

$100.00

03 13 2012 $30.00

03/13 2012 $100 .00

OiJ00~9

03/31/12

I

•

,/

j

I

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""' ~ 'r'.Tf~ .lce..r~(),,tl

b:' .. ~:i· uis ._.,_AlbeA- l. PoiP..I $ &o'' .~--=::-'/<w - Dollnr~ m 1¥:.

~ .......... ror_j3~~:l:~;r ~~_.

~ ... 03 19 2012 $80.00

~ •m umn1n111lllll • ~ .. ,; ·'· :r,_g..,..-,.-~ ~ ~.

4-v:;j;;_ 1 $ 19 .jo ~- ~ !o _o.:.um m~

,.,.o.E!~~ ,&ev.

03/22/2012 ~16.40

NAMf&£., 1/fttn.-. "~ """<? ,..., "'I! ""'""' 7:£. t~"'" -· 1'l,Zor-z.

01l1oto

~~!j:~SW!Y 1$ lie>"' o,....~ Kv. .. J{'(J -r ...... o«(?(ll,o - OollarJ mi:'P

~~"' ~co.:.Jte~~~

03/15 2012 12 $110.00

NAME f1/.U,. 0 fif',A..J?''"' (n~fftol /)o:.<).l,.r. $'"'~&~)'7 If J.. E) »Uml

bl 'i- s a e, fl.!)//,;·

b:IJ;!)• &·~~' i$800 •

~~&de Dllllnr" (?J m~:. ~'Wtft~·-- (1 /.1-u..,_ . £4'

-03{05!2012 9999 :;>S .DO

/

/

OJ00-50

-·...,-Account: Date

03/31112

fi------\··· ~.~.';_ ---------', { _.---------.

CITY OF BELLE GLADE

2012

CANDIDATE HANDBOOK

FOR CITY COMMISSION SEATS

"C" "D" and "E" ' . '

Sb.«w rR. 03u~g (JUC EXHIBIT --:f Gt!t Ce.JJ.£,.~wL>o• o~ G.ctw>U i3i~ O~~w .. )

CITY OF BELLE GLADE

2012

CANDIDATE HANDBOOK

FOR CITY COMMISSION SEATS

"C" "D" and "E" ' '

SbJw rR. ~~· GUC Gt'J aJJ£ .. pew'"'o• 0~ ~tw .... (2J,~ l)~~~.)

(

•crTY.OP··BELLE-:.GLA:DE· .·•. ;~~,2clll'JJ>i~i~~:~l>11od~- · .

IN'l'RODUCTI.ON

Dear Resident:

First, I would like to thank you for your interest in becoming a Candidate for the City's upcoming Election scheduled for March 13·, 2012. Participation in government is a duty that all citizens should share in a democracy Most people do not have the time or experience to run for state or federal office but we can all participate in our local government in many different ways, and serving as an elected official for a local government is the ultimate contribution a local resident can offer to its city

You will find the 2012 Candidate Handbook very beneficial as you begin your campaign for Office of City Commissioner. Please read the election guidelines and information thoroughly to maintain compliance with State and Local Election Laws during your campaign.

- - ---Ple-<ise--beiiiliare-youare nofa Candidate f()f Cit{CommissionUntil any One or more of the following apply:

o Appoint a campaign treasurer and designate a primary depository; or

o File qualification papers and subscribes to a candidate's oath as required by law.

Filing forms are provided in this handbook for completion and submittal to the City Clerk (Filing Officer for the City of Belle Glade) prior to the end of qualifying.

Only after you have filed the Appointment of Campaign Treasurer Form with the City Clerk may you open a Campaign Depository and accept contributions and/or expend monies tied to your campaign for Public Office ..

After reviewing your 2012 Candidate Handbook, if you have any questions or would like additional information, please call me at your convenience at 996-0100, extension 114. In the meantime, good luck on your candidacy for a Seat on the City Commission!

Debra R Buff, CMC Municipal Filing Officer City Clerk/Supervisor of Elections

1 ..

3 ..

4 ..

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Candidate Information

Certification of Election System & Tabulation Equipment Form

Candidate Filing Forms

Candidate and Campaign Treasurer Handbook,

Reporting Dates, and Reporting Forms

Seats Up for Election Qualifying Period Voter Registration Book Closing Date(s) Election Date( s) Becoming a Candidate - How the Process Works

Acknowledgement and Certification of Logic & Accuracy Testing for voting equipment that designates date, time and place; and certification that you will or will not attend such testing of the voting equipment

Form DS-DE9; Appointment of Campaign Treasurer and Designation of Campaign Depository

Form DS-DE84; Statement of Candidate

Form DS-DE25; Oath of Candidate (followed by · ·· ···--eommunieation--from-Division-of.Eiections-Relating.to

Use of Nickname on Ballot and other matters)

City of Belle Glade Candidate Oath

Form 1; Statement of Financial Interests with Instructions

November 2011 Candidate and Campaign Treasurer Handbook

On-Line Treasurer's Report instructions to complete Campaign Treasurer's Reports "on-line"

Campaign Treasurer's Reporting Schedule &

c .... ont .. ~i~u.tl.''".· ... D ... e ... ~d .. lines [U~rCaridi~ates, QpposedCandid<!tes and !m~~Cfi'e'SJ

Campaign Treasurer's Report Summary (OS-DE 12)

Campaign Treasurer's Report Itemized Contributions (DS-DE 13)

Campaign Treasurer's Report Itemized Expenditures (DS-DE 14)

Waiver of Report (OS-DE 87) (Continued on next page)

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... .·· [)escriptioo Of Electio'o Information • . • r; .

4 ..

5 ..

6 ..

7 ..

8 ..

9 ..

Candidate and Campaign Treasurer's Handbook, Reporting Dates, and Reporting Forms Continued

Poll Watchers

Registered Voter Information

Absentee Ballots

Precincts and Polling Places

Campaign Signs

.10.- -Eiectionlaws

Other forms: DS-DE 13A, 14A, 14B, 94, 73, 73A, 86, and 2; and List of Forms Downloaded from Florida Division of Elections Website and Included in this Handbook

Poll Watcher Information and Designation of Poll Watchers Form

Obtaining Registered Voter Information

Instructions on Obtaining an Absentee Ballot

Loc<ttions of all Belle Glade Polling Places

Note: Polling Place Rules: Solicitation near Polling places, see F.S .. 102 031 included in this handbook

Florida and City Laws Governing Campaign Signs

A.Compilationot Th.e._Eiection.Laws .of JbeSJ<:~te P.L Florida - September 2011 Edition

Special Notes: Florida Statutes Chapter 99.012, is also known as the "Resign to Run Law"

Florida Department of State Memorandum dated May 19, 2011 Relating to Governor's Signing of CS/CS House Bill 1355 - Changes to the Election Code

Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees

Palm Beach County Code of Ethics (Effective date June 1, 2011)

City Election Laws: Charter, Chapter 6 and Code, Section 9

Overview of "Gifts Law" (§112.3148, F S.) [Acquired from the Florida Commission On Ethics website]

I· .. Jab > Electiol1111formatiqri

11.. Chapters 4 & 5 City Charter and Chapter 2, Article II of the Code

Description <?t Electipn.·lnforrnation ,;; ), ' ,'

,' />::

Informational - Excerpts from Belle Glade Code of Ordinances relating to City Commission

12.. Florida Elections Commission "File a Complaint"

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SEAT "C"- William A. Grear, Jr..

SEAT "D"- Mary Ross Wilkerson

SEAT "E"- Gwendolyn Asia-Holley

General Election- Monday, February 13, 2012

Run-Off Election- Monday, February 27, 2012

General Election March 13, 2012

Run-Off Election, if necessary, March 27, 2012

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Becoming a Candidate- How the Process Works

WHAT IS A CANDIDATE

A candidate is any person who:

1.. Appoints a treasurer and designates a primary depository.

2 _ ...... Files 9llalification papers and subscribes to a candidate's oath as required by law

3 Receives contributions or makes expenditures, or consents for any other person to receive

contributions or make expenditures, with a view to bring about his or her nomination or

election to, or retention in, public office

(Section 106 011(16), FS)

(Continued on next page)

1 FILIN(; OF I; IC ER _The filing officer is the person befOre whom a candidate qualifies For a municipal election, the filing officer is the Municipal Clerk (Seclion/0601/(14) F:S)

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HOW TO BECOME A CANDIDATE (The Pr·ocess)

Step One:

Form DS-DE 9, Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates, is the first document that must be filed with the filing officer to become a candidate At the same time, the candidate must designate the office for which he or she is mnning.. A candidate can appoint a campaign treasurer and designate a campaign depository at any time, but no later than the date the candidate qualifies for office. Nothing prohibits a person from announcing their intention to become a candidate prior to filing DS-DS 9, as long as no contributions are received and no expenditures are made.

FORM DS-DE 9:

Shall be filed with the filing officer prior to opening the campaign account

- ------- -- ··· ·2-·-·rsnoCeUectiVe until tlie campaightieasurersigns·irand it·isfiled·withthe filing officer

3 It is not considered filed upon mailing.

4. Shall be on file with the filing officer prior to the candidate accepting contributions or

making expenditures, or authorizing another to accept contributions or make expenditures

on the person's behalf

Once this form is filed you must file periodic Treasurer Reports throughoutyour campaign as outlined in Section 4 of this Handbook, and depending upon the date you file, you may be required to file additional I reasurer Reports


2 After you have been determined to be a Belle Glade registered voter for at least six months prior to the beginning of qualifYing the City Clerk/Filing Officer will issue a letter to your selected bank providing authorization to open your campaign account This account must be separate from any personal or other account and used strictly for your campaign The campaign checks must contain specific information, which is outlined in the enclosed "Candidate and Campaign Treasurer Handbook··· as well as instructions on how to set up the financial records fOr your campaign

., \. ( I.

HOW TO BECOME A CANDIDATE (I he Process) CONTINUED:

Step Two:

Form DS-DE 84, Statement of Candidate, must be filed with the filing officer within ten (10) days after filing Form DS-DE 9. This form states that the candidate has received, read, and understands the requirements of Chapter I 06, F S. The execution and filing of the statement of candidate does not in and of itself create a presumption that any violation of Chapter I 06, F S., or Chapter I 04, F S .. , is a willful violation as defined in Section I 06..37, F .S

(Section 106 023, F S)

Step Three:

During the qualifying period, which Opens promptly at Noon on January 31, 2012 and Closes promptly at Noon on February 14, 20123

, you must provide the following to the City Clerk/Filing Officer:

Produce.

Submit,

3 Chapter 83-498 Laws of Florida

I) ProofofResidencl (driver's license, utility bill in your name, etc.) 2) Voter Registration Card

Form DS-DE 25, Oath of Candidate This form is mandated by Florida Statutes.

2 Citv of Belle Glade Candidate Oath. This Oath is required by City Charter, and all candidates filing for Public Office with the City of Belle Glade must take an Oath administered by the City Clerk!F iling Officer


4 On December 7., 2010 .. Ordinance No. 10-12 was adopted that amended the City s Charter to provided for the fOllowing: Each candidate fOr the city commission shall be a qualified elector (voter) and resident of the City of Belle Glade as provided in Section 6-15 of this Chapter: Each candidate fOr the city commission shall, at the time he~ qualifies as a candidate, subscribe to an oath to be filed in the public records of the city which shall be substantially as follows: "I am a citizen of the United States; I am a bona fide resident and qualified elector .(yQ!W of Belle Glade and have been a bona fide resident and aualified elector !voter) of the Citv of Belle Glade for at least six (6) months prior to the beginning of the qualifving period for office"· No person shall be qualified as a candidate for the city commission in the Citv of Belle Glade unless that person is a duly registered elector (voter) of the city for at least six (6) months prior to the beginning of the qualifYing period for office and has established residency in the city for at least six (6) months prior to the beginning of the qualifying period for office. Any person desiring to qualify as a candidate "for city commission must present to the citv clerk all documentation and/or fees required bv state law and Belle Glade Ordinance Section 9-6 as they may be amended from time to time proof that the oerson seeking of&:e is indeed a duly registered elector (voter) of the city and meets the above-referenced residency requirements A\1 documentation and fees reauired by state law as well as by City Charter and citv ordinance shall be submitted to the city clerk no earlier than noon on the last Tuesday in January nor later than noon on the second Tuesday in February in the calendar year in which the election is to be held The City clerk is not resoonsjble for verifying that the documentation submitted by a candidate meets the qualifying requirements· and No person shall remain in office after having been elected if at anv time during the term of office such person fails to meet the qualifications necessary for candidacy Should such failure to maintain qualifications occur it shall be deemed that the individual has resigned and the vacancy in such elective office shall be filled in accordance with Section 9-8 of the Citv Code of Ordinances and State ~-.

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HOW IO BECOME A CANDIDATE (Ibe Process) CONTINUED:

3.. Form l, Statement of Financial Interests. Once elected this f01m will be an annual requirement and filed with the Palm Beach County Supervisor of Elections.. Additionally, within 30 days of leaving office, an elected official must submit a Form 1-F, Final Statement of Financial Interest, to the Palm Beach County Supervisor of Elections ..

4. Filing fees drawn on a Campaign Cbeck5 in the amount of$143.606•

5.. Certification of Logistics and Accumcy Testing Form (provided under Tab No.2 of this Handbook}.

lfyou have questions, please don't hesitate to ask! Call Debra Buff, City Clerk, at 996-0100, extension 114

5 State Statutes 105.031 Qualification; filing fee; candidate's oath; items required to be filed. -- If a candidate s check is returned by the bank fOr any reason, the filing officer shall immediately notify the candidate and the candidate shall, the end of qualifying notwithstanding. have 48 hours from the time such notification is received, excluding Saturdays, Sundays, and legal holidays, to pay the fee with a cashier's check purchased from funds of the campaign account Failure to pay the fee as provided in this subparagraph shall disqualify the candidate

6 State Statutes 99 093 Municipal candidates; elec:tion assessment .. -- (I) Each person seeking to qualifY for nomination or election to a municipal office shall pay, at the time of qualifYing for .office, an election assessment The election assessment shall be an amount equal to I percent of the annual salary of the office sought Within 30 days after the close of qualifYing, the qualifYing officer sha11 forward all assessments collected pursuant to this section to the Florida Elections Commission for deposit in the Elections Commission Trust Fund [Commission Annual Salary $10,360]; and, City Code Sec 9-6 Qualifying fee.-- Each candidate for the office of city commissioner shall, at the time he makes application to be a candidate. pay a qualifYing fee to the city clerk for the benefit of the city in the amount of forty dollars ($40 00).. together with any assessment required by state law

I,

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,,- 'iJ;," ", ·, fV'<· ,., ··n>

CERTIFICATION OF ELECTION SYSTEM & TABULATION EQUIPMENT

(Commonly known as L & A [Logic & Accuracy] Testing)

-------------' certify that I have been advised by the Filing

Officer/City Clerk that the testing of the Computer Election System and Tabulating Equipment

will be conducted on

··· ----------Both-will-be-held-in-the--Ralm .. Beach ... County.SupeNisor.ot.Elections'.Eie_c.tio_n_Ially__C_enter9,__ .....

located at 7835 Central Industrial Drive, Riviera Beach, Florida.

I will be present for the testing of the voting equipment on the dates listed above.

I will not be present for the testing of the voting equipment on the dates listed

above

7Determined by County Supervisor of Elections 8 Same as Footnote No 7 ~Same as Footnote No 7

Signature of Candidate for Public Office

Date

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ELECTION FORMS

Insert the following in the order listed below:

*FORM#DS-DE9;STATEOFFLORIDAAPPOINTMENTOFCAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDIDATES, FOLLOWED BY DS-DE 104;

*FORM #DSIDE 84; STATEMENT OF CANDIDATEIF.S. 106

*FORM #DS-DE 25. OATH OF CANDIDATE (followed by communication from Division of Elections Relating to Use of Nickname on Ballot and other· matter·s)

*CITY OF BELLE GLADE CANDIDATE OATH (below)

*CE FORM 1; FORM 1 STATEMENT OF FINANCIAL INTERESTS (include instructions)

• CANDIDATE and CAMPAIGN TREASURER HANDBOOK

• Campaign Treasurer's Reporting Schedule

• "On-Line Treasurer's Report" (see below)

• CAMPAIGN TREASURER'S REPORT FORMS (5 sets of each): DS-DE 12 DS-DE 13 DS-DE 14 DS-DE87

And one copy of the following:

l3A 14A& 14B

DS-SE 73 & 73A DS-DE 86 DS-DE2

(

OFFICE USE ONLY

CITY OF BELLE GLADE CANDIDATE OATH {City Charter- Chapter 6 ELECTIONS, Section 6-9.)

I,--------------------------' am a citizen of the

United States; I am a bona fide resident and qualified elector (voter) of Belle Glade and

have been a bona fide resident and qualified elector (voter) of the City of Belle Glade for

at least six (6) months prior to the beginning of the qualifying period for office.

I 1

Signature of Candidate Daytime Telephone Number Email Address

Address City Zip Code

Candidate's Florida Voter Registration Number (located on your voter information card):------------

STATE OF FLORIDA COUNTY OF PALM BEACH

Sworn to (or affirmed) and subscribed before me this __ day of _________ , 2012

Personally Known: __ or

Produced Identification: Signature of Notary Public- State of Florida Print, Type or Stamp Commissioned Name of Notary:

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

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On-Line Treasurer's Report

Treasurer's Report can be filled out on-line, by completing the following steps:

1. Go to http://election.dos.state.fl.us.

2. Click on "Forms & Publications".

3. Click on "Forms". Before proceeding, read instructions carefully.

4. Click on "Candidate Forms".

5. Click on desired form(s) and type in information.

6. After form is completely filled out, scroll down to the bottom of the form and click the print key.

7. Execute where necessary, and submit original executed form(s) to the Belle Glade City Clerk.

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(;_A.MPAipNTREASfJl~ER':S REPORTINGSCHEJ)ULE (F .. Sl06 .. 0'J)

and .CONTRIBUTI dN DEADLINES

kLU .REV0RTS ,(R:E byt B~ 5:00 <P.M .. ~N TfrE DUE DATE, OR tviUST BE POs'T,MARKEDBY MIDNlQHT.•oF THEDUE DATE, TOAVOIDHAV!N.G AFINE

. LEVIED AGAINST THE CANDIDATE FROM THEIR PERSONALFUNDS. 10

UNOPPOSED CANDIDATES:

Contr·ibution deadline is Noon, Tuesday, February 14, 201211

Expenditur·e deadline is Thur'Sday, May 10,2012

L 5:00p.m., Tuesday, January 10, 201212 (Report must cover period fiom when appointment of Treasurer Form was filed, or October 1, 2011, thru December 31, 2011) Report Type:~~

2 5:00pm., Monday, May 14,201213 (Rep01t must cover period from January I, 2012 thru May 14, 2012 or, if the rep01t is tumed in earliet, the date of submittal) Final report due within 90 days of the close ofqualifying (February 14, 2012) Report Type: :f:R,

10 F S 106 07(2)(a) & 106 07(8)(a) & (b): Except as provided ins 106 0705 reports sha!l be filed not later than 5 p m of the day designated; however, any report postmarked by the United States Postal Service no later than midnight of the day designated shall be deemed to have been filed in a timely manner; & Any candidate f8iling to file a report on the designated due date is subject to a fine as provided in paragraph (b) for each late day, and, in the case of a candidate .. such fine shall be paid only from personal funds of the candidate (b) Upon detennining that a report is late, the filing officer shall immediately notify the candidate . as to the failure to file a report by the designated due date and that a fine is being assessed fOr each late day The fine shall be $50 per day for the first 3 days late and, thereafter, $500 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report. However, fOr the reports immediately preceding each special primary election, special election .. primary election, and general election,. the fine shall be $500 per day for each late day. not to exceed 25 percent of the total receipts or expenditures whichever is greater,. for the period covered by the late report

11 fo S 106.08(3)(b): , any contribution received by a candidate or by the campaign treasurer or a deputy campaign treasurer of a candidate after the date at which the candidate withdraws his or her candidacy, or after the date the candidate is defeated. becomes unopposed or is elected to office must be returned to the person or committee contributing it and may not be used or expended by or on behalf of the candidate

12 F S 106 0'7(1): Reports shall be filed on the lOth day fOI!owing the end of each calendar quarter from the time the campaign treasurer is appointed, except that, if the lOth day following the end of a calendar quarter occurs on a Saturday., Sunday, or legal holiday .. the report shall be filed on the next following day which is not a Saturday, Sunday, or legal holiday Quarterly reports shall include all contributions received and expenditures made during the calendar quarter which have not otherwise been reported pursuant to this section

13 F S. 106 07(\)(c): Following the last day of qualifYing fOr office, any unopposed candidate need onl:r file a report within 90 days after the date such candidate became unopposed Such report shall contain all previously unreported contributions and expenditures as required by this section and shall reflect disposition of funds as required by s 106 141

'.pliYIJ,>AI:GN~~~X~HJR~R'S R~Pd~TINGSCit,EDULE (F.s I 06 .. 07)

···artd · <E:oNTRIBUTidN DEADLIN:Es

ALL ·~iPo~rs AitE • ~uE: ~~Y s:oo :R.M.<6N r~£ DuE DATE, oR MusT BE ~OSTM$:RKED.BY':l\1IDNJGHT QF n-IE DUE DATE, TO,\VOID HAVING A FINE LEVIEDAGAINSTIHECANDlDAIEFROMTHEIRPERSONAL FUNDS, 14

1~ Refer to Footnote No .. 10 Js F.S .. 106 08(3)(a): Any contribution received by a candidate with opposition in an election or by the campaign treasurer or a deputy campaign treasurer of such a candidate on the day of that election or less than 5 days prior to the day of that election must be returned by him or her to the person or committee contributing it and may not be used or expended by or on behalf of the candidate I& Refer to Footnote No. 12 17 F S .. 106 07(1)(a): , reports shall also be filed on the 46th, 32nd, 18th and 4th days immediately preceding the election, fOr a candidate who is opposed in seeking nomination or election to any office . ; and 106 07(2)(a)l Reports shall contain information of all previously unreported contributions received and expenditures made as of the preceding Friday, except that the report filed on the friday immediately preceding the election shall contain infOrmation of all previously unreported contributions received and expenditures made as of the day preceding that designated due date All such reports shall be open to public inspection 18 Refer to Footnote No. 17 19 Refer to Footnote No: 17 20 Refer to Footnote No. 17 21 F.S.. 106. 141(1): Each candidate who withdraws his or her candidacy, becomes an unopposed candidate, or is eliminated as a candidate or elected to oflice shall, within 90 days, dispose of the funds on deposit in his or her campaign account and tile a report reflecting the disposition of all remaining funds Such candidate shall not accept any contributions, nor sha11 any person accept contributions on behalf of such candidate after the candidate withdraws his or her candidacy, becomes unopposed. or is eliminated or elected

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Cf\.MPAIGN TRE,A.SU~:ER'~iREPORTING SCHEDULE. (F .s ... 106 .. 07)

and'

CONTRIBUTION DEADLINES ALE·:REPORl~ARE I>UEBY· s:fi'o. P.J: oNfi:IE DVE DATE, OR .Musr B.E POSrtqAR~ED ~¥: MIDNIGHJ;OF THE DUE DATE, TO.AVOID HAVING A FINE LEVIEDAGATNST Tf.IE CANDIDATE FROM IHEIRPERSONAL FUNDS 22

22 Refer to Footnote No I 0 Z) Refer to footnote No 15 24 Refer to Footnote No 17 25 Refer to Footnote No 21

' I

Section 101.131, Florida Statutes reads as follows:

101.131 Watchersatpolls .. -(1) Each political pruty and each candidate may have one watcher in each polling room or eruly voting area at any one time during the election A political committee formed for the specific purpose of expressly advocating the passage or defeat of an issue on the ballot may have one watcher for each polling room or eru ly voting area at any one time during the election No watcher shall be permitted to come closer to the officials' table or the voting booths than is reasonably necessary to properly perform his or her functions, but each shall be allowed within the polling room or eruly voting ruea to watch and observe the conduct of electors and officials The poll watchers shall furnish their own materials and necessities and shall not obstruct the orderly conduct of any election The poll watchers shall pose any questions regruding polling place procedures directly to the clerk for resolution They may not interact with voters Each poll watcher shall be a qualified and registered elector of the county in which he or she serves .

(2) Each party, each political committee, and each candidate requesting to have poll watchers shall designate, in writing to the supervisors of elections, on a form prescribed by the division, before noon of the second Tuesday preceding the election poll watchers for each polling room on election day .. Designations ofpoll watchers for early voting areas shall be submitted in writing to the supervisor of elections, on a form prescribed by the division, before noon at least 14 days before early voting begins The poll watchers for polling rooms shall be approved by the supervisor of elections on or before the Tuesday before the election Poll watchers for early voting areas shall be approved by the supervisor of elections no later than 7 days before early voting begins The supervisor shall furnish to each election board a list ofthe poll watchers designated and approved for such polling rooms or early

~. -·~·~~--voHngaieiis:-Designati5nofpo1! watchers shan· be· made by the ·chair ~of the countyexecutive· committee·of'a-~·· political pruty, the chair of a political committee, or the candidate requesting to have poll watchers

(3) No candidate or sheriff, deputy sheriff, police officer, or other law enforcement officer may be designated as a poll watcher

(4) All poll watchers shall be allowed to enter and watch polls in all polling rooms and eruly voting areas within the county in which they have been designated if the number of poll watchers at any particular polling place does not exceed the number provided in this section.

(5) The supervisor of elections shall provide to each designated poll watcher, no later than 7 days before eruly voting begins, a poll watcher identification badge that identifies the poll watcher by name Each poll watcher must weru his or her identification badge while in the polling room or early voting ruea.

After the poll watcher has been certified, a certification of the poll watcher'(s) will be mailed to the candidate.. A poll watcher badge will be mailed to each of the certified poll watchers, so please make sure the poll watcher you appoint knows they are going to be a poll watcher, and that they bring photo identification with them on election day.

YOU CAN ONLY HAVE ONE WATCHER IN ANY ONE POLLING LOCATION AT ANY ONE TIME AND THE DEADLINE TO SUBMIT YOUR l'OLL WATCHERS IS NOON, TUESDAY, FEBRUARY 28,2012 TO THE CITY CLERK OF BELLE GLADE..

'~ tJ\$~; ... -is ~~~il#n~e,llra ~~·~~qf[rca~i!)all!~s sli~~ia ~·esXgn,~~ t~~i.r.f:.oii~W~~~~,e~s fo~: boththeGe11eralElechon an:d;the!RunWff at;;tbe s~me hme as;tb~de~dhne·.for ~~.bfuit~i~g'}>'~li;.'Witt£1J,~~&.·(I).r·J~eJl~ii.;prf,)~ ·n.~Q!i'·91l::Mllr~!J. .. :J.3~~Lill.~:l!.l!Y .. ~f."tlle ~!i.ll¢!:!!L¥!~!;d9.it.~

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Insert Form DS-DE 125

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*In mder to obtain registered voter information, please directly contact the Palm Beach County Supervisor of Elections office at the following address:

Supervisor of Elections

Palm Beach County

240 S .. Military I rail

West Palm Beach, Florida 33415

Phone: 561-656-6200 or toll free 866-868-3321

The Supervisor of Elections has the required "Oath for Acquisition of List of Registered Voters" form that must be completed and submitted with your order. Additionally, payment for such information shall be made from your Campaign account

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Insert

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Instructions on Obtaining an Absentee Ballot

-;>_;; .,: ' . ':\)( ",,:

F'~eginct.· Nl!rijber ·

6016

6018

6020

6028

6029

6030

(

~egi~i~~ed ··voters

~). (as of no,2o111

1,827

1,334

393

1,308

970

870

7,379'

Belle Glade Elementary School 500 NW Avenue L

Belle Glade Elks Lodge 300 Dr. Martin Luther King, Jr. Blvd , East

Belle Glade Elementary School 500 NW Avenue L

Boys &Girls Club Gym 1101 Dr Martin Luther King, Jr .. Blvd , West

Lake Shore Civic Center 1224 Dr. Martin Luther King, Jr. Blvd, West

Lake Shore Civic Center 1224 Dr Martin Luther King, Jr. Blvd , West

Belle Glade Elks Lodge 300 Dr Martin Luther King, Jr .. Blvd , East

.. · •. City.-Wi~~ RegisteredVoters ·

Four (4) Polling Places (Alphabetical Order)

Belle Glade Elementary School Belle Glade Elks Lodge Boys & Girls Club of Palm Beach County Lake Shore Civic Center

TO: Belle Glade City Commission Candidate

FROM: Debra R. Buff, CMC City Clerk/Supervisor of Elections

DATE: January 3, 2012

SUBJECT: Florida Law Relating to Campaign Signs

Pursuant to the provisions of Chapter 479.16(14) of the Florida Statutes, signs which relate exclusively to political campaigns do not require a permit, but are required to comply with the provisions of s

-·- ·41\Ur-;wlilcli-is-outlin-ea oe low·---------~-----------------.-.~--.---------·----------------~---------------~-- ----- ---- --- ·-- - -

479 II Specified signs prohibited.-No sign shall be erected, used, operated, or maintained:

(I) Within 660 feet of the nearest edge of the right-of~way of any portion of the interstate highway system or the federal-aid primary highway system, except as provided in ss .. 4 79.111 and 479.16

(2) Beyond 660 feet of the nearest edge of the right-of~way of any portion of the interstate highway system or the federal-aid primary highway system outside an urban area, which sign is erected for the purpose of its message being read fiom the main-traveled way of such system, except as provided in ss. 4 79.111(1) and 479.16

(3) Within 15 feet of the outside boundary of the right-of~way of any highway on the State Highway System outside of an incorporated area or on the interstate or federal-aid primary highway system outside an incorporated area.

(4) Within 100 feet of any church, school, cemetery, public park, public reservation, public playground, or state or national forest, when such facility is located outside of an incorporated area, except as provided in s. 479.16

(5) Which displays intermittent lights not embodied in the sign, or any rotating or flashing light within I 00 feet of the outside boundary of the right-of~way of any highway on the State Highway System, interstate highway system, or federal-aid primary highway system or wliich is illuminated in such a manner so as to cause glare or to impair the vision of motorists or otherwise distract motorists so as to interfere with the motorists' ability to safely operate their vehicles If the sign is on the premises of an establishment as provided in s 479.16(1), the local government authority with jurisdiction over the location of the sign shall enforce the provisions of this section as provided in chapter 162 and this section

(6) Which uses the word "stop" or "danger," or presents or implies the need or requirement of stopping or the existence of danger, or which is a copy or imitation of official signs, and which is adjacent to the right-of~way of any highway on the State Highway System, interstate highway system, or federal-aid primary highway system.

(7) Which is placed on the inside of a curve or in any manner that may prevent persons using the highway fiom obtaining an unobstructed view of approaching vehicles and which is adjacent to the right-of-way of any highway on the State Highway System, interstate highway system, or federal-aid primary highway system.

(8) Which is located upon the right-of~way of any highway on the State Highway System, interstate highway system, or federal-aid primary highway system.

(9) Which is nailed, fastened, or affixed to any tree or is erected or maintained in an unsafe, insecure, or unsightly condition and which is adjacent to the right-of~way of any highway on the State Highway System outside of an incorporated area or on any portion of the interstate highway system or the federalaid primary highway system

(I 0) Which is on a new highway outside an urban area and otherwise would have been su~ject to the permit requirements ofthis chapter .

Additionally, pursuant to the provisions of Chapter I 061435, State Statues, the usage and removal of political campaign advertisements are governed as follows:

(I) Each candidate, whether for a federal, state, county, or district office, shall make a good faith effort ·-- ---- ---~to-removeall·ofhisorcher political·campaignadvertisementswithin30 days after:

(a) Withdrawal of his or her candidacy;

(b) Having been eliminated as a candidate; or

(c) Being elected to office

However, a candidate is not expected to remove those political campaign advertisements which are in the form of signs used by an outdoor advertising business as provided in chapter 4 79 The provisions herein do not apply to political campaign advertisements placed on motor vehicles or to campaign messages designed to be worn by persons.

(2) If political campaign advertisements are not removed within the specified period, the political subdivision or governmental entity has the authority to remove such advertisements and may charge the candidate the actual cost for such removaL Funds collected for removing such advertisements shall be deposited to the general revenue of the political subdivision

(3) Pursuant to chapter 4 79, no political campaign advertisements shall be erected, posted, painted, tacked, nailed, or otherwise displayed, placed, or located on or above any state or county road right-ofway

(4) The officer before whom a candidate qualifies for office shall notify the candidate, in writing, of the provisions in this section.

(5) This provision does not preclude municipalities fiom imposing additional or more stringent requirements on the usage and removal of political campaign advertisements ..

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Be advised, these Statutes apply to telephone and electrical poles, which are located in road rights-of~ way, including the medium on Main Street All political campaign signs which are located within any state or county road right-of~way could, therefore, be subject to immediate removal by the Department of Transportation without notice.

Each candidate shall make a good faith effort to remove all of his or her political campaign advertisements within 30 days after one of the following: I) withdrawal of candidacy, 2) having been eliminated as a candidate, or 3) having been elected to office. If political campaign advertisements are not removed within the specified period, the City has the authority to remove such advertisements and may charge the candidate the actual cost for such removal. Note: This does not apply to signs used by an outdoor advertising business, advertisements on motor vehicles, or messages designated to be worn on persons.

It is your responsibility to make sure all your campaign workers are aware of this Statute and the Department ofT ransportation's position

If you have any questions, please feel fiee to contact me

' .I.

TO: Belle Glade City Commission Candidate

FROM: Debra R. Buff, CMC City CleddSupervisor· of Elections

DATE: January 3, 2012

In accordance to City Code of Ordinances, Chapter 9, Section 9-12 .. (7), this is to advise you, as a qualifying candidate for the upcoming municipal election of the requirements of the City's Political Campaign Signs Law, which is attached for your review and information. Please familiarize yomself, and yom supporters, with the requirements of this law ..

In the meantime, if you should have any questions, please don't hesitate to contact me ..

Attachment

CITY CODE OF ORDINANCES Chapter 9 ELECTIONS

Sec. 9-12 .. Political campaign signs.

Political campaign sign.. Any sign used in connection with a local, state, or national election campaign or ballot item, also referred to as a "political campaign advertisement".

(I) No political campaign signs may be displayed in any manner on government-owned or governmentcontrolled property Political campaign signs must also conform to F S. Ch .. 106 and F S Ch. 479 .. Political campaign signs within any nonresidential zoning district shall not exceed six (6) feet in height from grade level, six (6) feet in width, nor sixteen (I 6) square feet in sign face area, suqject also to placement regulations set forth herein .. Display of political campaign signs within nonresidential zoning districts shall be limited to two (2) such signs per candidate, ballot item, and/or referendum question, for each frontage of a nonresidential parcel A list of nonresidential zoning districts and a map of these zoning districts shall be on file and available upon request fiom the office of the city clerk. Political campaign signs shall not be illuminated by attached electrical power sources other than that being provided by battery-powered lighting or solar-powered lighting

(2) Each candidate, whether for a federal, state, county, or town office, shall remove all of his political campaign advertisements located in any zoning district within thirty (30) days after:

a Withdrawal of his candidacy; b Having been eliminated as a candidate; or

__ <LB_eiQg elec!_eQJQQffi~so __

However, a candidate is not expected to remove those political campaign signs which are in the form of signs used by an outdoor advertising business as provided in F .S Ch 479 The provisions herein do not apply to political campaign signs and advertisements placed on motor vehicles or to campaign messages designated to be worn by persons in conformance with F..S.. § 1 06 .. 1435.

(3) If political campaign advertisements are not removed within the specified period, the city has the authority to cause to be removed such advertisements and may charge the candidate the actual cost for such removal Funds collected for removing such advertisements shall be deposited to the general revenue fund of the city

(4) No political campaign advertisements shall be erected, posted, painted, tacked, nailed, or otherwise displayed, placed, or located on or above any road right-of~way controlled or owned by the city, state, or county or within the FEC railroad right-of~ way

(5) No political campaign signs shall be maintained, erected, posted, painted, tacked, nailed, otherwise displayed, placed, or located on any privately owned tree, electrical pole, telephone pole in an unsafe or insecure manner and which is adjacent to the right-of~way of any roadway system within the city's corporate limits, such that it may adversely affect traffic safety in any manner whatsoever

(6) No political campaign signs shall be erected in any zoning district within the city on the inside of a curve of a road right-of~way and in any manner, or in other location, that may prevent persons using the roadway from obtaining an unobstructed view of approaching vehicles by virtue of being adjacent to the right-of-way of any roadway system within the city's corporate limits

(7) The city clerk, before whom a candidate qualifies for office, shall notify the candidate, in writing, of the provisions in this section .. (Ord .. No 08-09, § I, 9-3-08)

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Insert the following:

A COMPILATION OF THE ELECTION LAWS

FLORIDA DEPARTMENT OF STATE MEMORANDUM DATED MAY 19,2011 RELATING TO GOVERNOR'S SIGNING OF CS/CS HOUSE BILL 1355-

CHANGES TO THE ELECTION CODE

GUIDE TO THE SUNSHINE AMENDMENT AND CODE OF ETHICS FOR

PUBLIC OFFICERS AND EMPLOYEES

·· ---- ---·-·····-----PB&E'FHIGS-PbEBGE,-G0BE-0FE1-HIGS-EG0E),ANI>---------------·····-··· .... ACKNOWLEDGEMENT OF RECEIPT PBC COE TRAINING FORM

EXCERPTS FROM CITY CHARTER AND CODE OF ORDINANCES

RELATING TO ELECTIONS

OVERVIEW OF GIFTS LAW .. S .. CHAPTER 1123148

CITY CHARTER AND CODE RELATING TO COMMISSION

CITY CHARTER RELATING TO ELECTIONS

·····················-··-···-·······-···-······-····· ·--·-·- ·--- ---· --- ·········-·--·-··

--. ,~

CITY CODE RELATING TO ELECTIONS

CITY CHARTER AND CODE RELATING TO CITY COMMISSION

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'------·--· ---- ·-·-··---- ---·----

I,

STATEMENT OF CANDIDATE

(Section 106.023, F .. S.)

(Please print or type)

OFFICE USE ONLY

__ ., candidate for the office of .. Belle Glade City Commission - Seat (!__;

have been provided access to read and understand the requirements of

Chapter 1 06, Florida Statutes ..

--· ---- - ----- ·-··-'- --·---- ~----------·--·---·-- -------~~---------- --· ----··----- ----· ------- --------- ---· -- ·--~---·--- -·--·-·-·--·-- ------------

1 3 rei rz. -----·-·-:----

Date

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)

'-==-=:-==:-:-:---·------- _ _ . ±>~;D!_> 84 (05/11>

. -------·----~--- ·-·. ---------· -· .. -. -

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;f_u/. !J/1/;:z G I I: <19 ftm


(Section 106 .. 021(1), F S)




0 Initial Filing of Form Re·filing to Change: 1Z1 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

William Alexander Grear, Jr code)

661 SW 4th Street 4 Telephone 5 E-mail address Belle Glade, FL 33430 (561 ) 755-2139

6 .. Office sought (Include district, circuit, group number) 7 if a candidate for a nonpartisan office, check if


D My intent is to run as a Write-In candidate ...

8 if a candidate for a Jlar!il!l!ll office, check block and fill in name of party as applicable: My intent is to run as a

D Write· In D No Party Affiliation 0 Party candidate ..

s·.T~ave appolr\te·tftliiffolloWiirgpers"On to·acns·my-· ··EJ .. Campalgn·Treasurer-~XJ·-·Deputy-Treasurer----............... "·--------··--········-----······-·-----

10 Name of Treasurer or Deputy Treasurer William Alexander Grear, Jr. __ ... _ .. ____ 11 Mailing Address 12 Telephone

661 SW 4th Street ( 561 ) 755·2139 .... .. -·--- -::-13 City 14 County 15 State 16 Zip Code 17 E-mail address


18 .. I have designated the following bank as my D Primary Depository 0 Secondary Depository _____ , .. _,, _______________ 19. Name of Bank 20 Address

'=" __ ........ _ .. ____ ·-·- ..... _ .. ________ .. __ 21 City 22. County 23 State 24 Zip Code

UNDER PENAL TIES OF PERJURY, I DECL.ARE 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 26 Signature of Candidate

~A~A /J X ( Jvt ~~AA~M 27. Treasurer's Acceptance of Appointment (fill in the blanks and check the appropriatpf>lock)

I, William Alexander Grear , do hereby accept the appointment -~-·-- . -·-· .

(Please Print or Type Name)

designated above as: 0 Campaign Treasurer 121 Deputy neasurer

September 4, 2012 X L.. L.J 0 • "'/\\. ~V' .. / ----· Date Signature of Campaign Treasurer or Deplj9 Treasurer

OS-DE 9 (Rev,. 10/10) Rule 1S-2.0001, FA C

FLORIDA ELECTIONS COMMISSION REPORT OF INVESTIGATION William A. Grear, Jr, -- FEC 12-265

;. ·,· ::,,,) .. ·.·······::.:,. '''.' ;l1y~§I ·q~'Afffi'~~I;J:J,\!'!D;NTS ····,• .... ' . .. .... '; ·•·.. ;·

.. ' "> ',;">.;Y>--' , , 'J'':>-< t"i--'::.'>> <.:).,,. ..· •... •·, . >

Attachments Description of Attachments

Attachment A Respondent's FEC history

Attachment B Death information regarding Respondent's campaign treasurer

Attachment C Additional FO information

lnv005 (6/08)

,-1 (--

FLORIDA ELECTIONS COMMISSION REPORT OF INVESTIGATION


Respondent: William A. Grear, Jr. Counsel for Respondent: N/ A

Complainant: Debra R .. Buff Counsel for Complainant: N/A

On July 20, 2012, the Florida Elections Commission received a swom complaint alleging that Respondent violated Chapter 106, Florida Statutes The Commission staff investigated whether Respondent violated the following statute:

Section 106.141(1), Flmida Statutes, failure of a candidate to file a termination report reflecting the disposition of all remaining funds in his campaign account within 90 days after he withdrew, became unopposed, was eliminated, or elected

I. Preliminary Information:

1 Respondent was a candidate for re-election to the Belle Glade City Commission, ----seat-o -ban•y-Under-wood--secured .. more-than .. 62-percenLofthe_vote_to_defeatRe.sp.ond.entJn_the _____ _

March 13, 2012 election.

2 Respondent filed his Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates (DS-DE 9) form with his filing officer on February 13, 2012 .. To review a copy of Respondent's DS-DE 9 form, refer to exhibit 1.

3.. Complainant is employed as the Belle Glade City Clerk; she also serves as Respondent's filing officer.

II. Alleged Violation of Section 106.141(1), Florida Statutes:

4 I investigated whether Respondent violated this section of the election laws by not filing his 2012 Termination Report (TR), due by June 11, 2012

5.. Complainant states that Respondent was notified prior to the due date that the termination report was required, and was notified again when the report became overdue

6 On March 27, 2012, Complainant sent Respondent a letter via regular mail reminding him that his 2012 TR Report would be due by June 11, 2012 The letter also informed Respondent, "Please be mindful that failure to submit your Treasurer's Report in a timely manner will result in a State assessed fine as governed by State Statutes 106 07(8)(a)" To review a copy ofthe March 27, 2012 letter, refer to exhibit 2

7 On May 16, 2012, Complainant sent Respondent a letter vra certified mail

ATTACHMEN'T_L(J..L.-__ Inv002 (7/08) 1

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notifying him that "your final Campaign Treasure1's Repo1t (Report Type IR) is due in my office no later than June 11, 2012 by 5:00pm. Be advised, this is my final1eminder in this matter, and se1ves as a follow up to my previous March 27, 2012 letter regarding the same .. " To review a copy of the May 16, 2012 letter with certified mail receipts, refer to exhibit 3.

8. On June 18, 2012, Complainant sent Respondent anothe1 letter via certified mail informing him that he failed to timely file his 2012 TR Report This letter advised Respondent that this report would be dete1mined as late and a fine would be assessed To review a copy of the June 18, 2012letter, refer to exhibit 4

9.. On September 4, 2012, Respondent filed his 2012 IR Repmt with his filing officer It should be noted that this repmt reflected no TOTAL Monetary Contributions to Date as well as no TOTAL Monetary Expenditures to Date Io Ieview a copy of Respondent's 2012 TR Repmt, Iefer to exhibit 5

10 On March 9, 2012, Respondent filed his 2012 G4 Report with his filing office!. It should be noted that this 1epmt is the report, directly preceding, the repmting period of Respondent's IR Repmt This 1ep01t reflects $1,650 in Total Monetary Contributions to Date, as well as $76160 in Total Monetary Expenditmes to Date To review a copy of Respondent's 2012 G4 Report, refer to exhibit 6

11. On September 4, 2012, Respondent provided his filing office! with a letter informing her that he was unable to complete his final 1eport properly because his campaign treasurer died1 Respondent states that he was unable to locate her records to complete his 2012

... . - .TKKepoiC To ievieWac·opy 6 ftliis. Ieftet, tefet to exhibit 7

12 There is no I ecoid that Respondent p1eviously violated this section ofthe election laws ..

Ill. FEC History

13 None

Conclusion:

14. In a February 18, 2013 final interview, Respondent was offe1ed an opportunity to make comments regarding the findings of this investigation Respondent states that he did not intentionally do anything fraudulent Respondent emphasized that he has a histmy of filing timely and complete campaign 1epmts with the exception of his final TR Report, due to the unexpected passing of his mother, who also se1ved as his campaign treasurer Respondent states that he attempted to file his IR Repmt timely but was told it was incomplete by his filing officer, even though he explained the circumstances to he1 Respondent states that he filed his 2012 IR Report to the best of his ability, even though he was not aware of whe1e his mother/campaign treasmer stored the financial reco1ds related to his campaign.

1 Records reflect that Dr Effie Grear, Respondent's mother, died on Wednesday, May 16, 2012 Dr. Grear also served as Respondent's campaign treasurer.

Inv002 (7/08) 2

( '·

15 On February 13, 2012, Respondent signed his Statement of Candidate for Belle Glade City Commission, Seat C acknowledging that he had been provided access to read and understand the requirements of Chapter 106, Florida Statutes. To review a copy of the Statement of Candidate, refer to exhibit 8

Current address of Respondent

Mr William A. Grear, Jr 661 SW .. 4TH Street

Respectfully submitted on February 21, 2013.

Cedric Oliver Investigation Specialist

Current addr.ess of Complain!lnt

Ms Debra R Buff 110 Dr. Martin Luther King Jr Blvd West

···· · ----- -------Belle--Glade,Fl~3J430- ..... ·-···----- ------Belle.Glade,.El33430 .. __ ------ . ····-···-·-·- . ·····--------- .

Name and Address of Filing Officer:

Ms Debra R Buff Belle Glade City Clerk 110 Dr .. Martin Luther King Jr. Blvd .. West Belle Glade, Fl 33430

Copy furnished to: Mr.. David Flagg, Investigations Manager

Inv002 (7/08) 3

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Monday, February 25, 2013

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By: WPTV Web Team

Parents and students in the Glades are remembering Doctor Effie Grear a longtime educator and leader



Educator Dr F Grear dies at 84 The football stadium at Glades Central is named after her

Copyr~Jhl ?01;- Sc,fi~ll'· McJm 1.1·~ ~II O<Jhl~' JT SQf"ll'd Th~, oratcr;~t m1~ 11r.t tx r.ubt•:h<d brMd.:~st r.wrtttf::. o• md,~.t~b\otNJ

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Or. Grear died last week at the age of 84

Video Photo SHARETHIS

By: Dan Corcoran

BELLE GLADE. Fla_ -The Glades communities are in mourning after losing one of their own Dr Effie Grear who spent 44 years as an educator there passed away last week following complications during heart surgery Her life and her legacy were on the minds of many who attended a wake to say goodbye at Glades Central High School on Thursday night

W1lliam Grear Jr son of the late Effie Grear is hurting but he is not alone

I want everybody to know that I m not the only one

-,-----.,-.,------------- hurting," said Mr Grear. 'This entire community is -Related Links devastated by this loss '

• Glades educator remembered Grear, 84, was a former Glades Central High School principal and helped shape generations of families

over more than four decades as an educator and a leader in the city of Belle Glade

Hundreds gathered at the Raiders football field a field that bares Grear's name

She demanded that respect She deftnitely wasn t mean or anything but she commanded respect· said Candice Lovely, who is now fully grown. Lovely remembers Grear as a principal and also as an inspiration to become a first grade teacher "The way that I am with my students is because of the way she was with us "she said

After a lifetime of service, Grear s friends family and community are forced now to press on without her

Her legacy will be reaching teachtng_ loving learning and not leavmg nobody behind' said David Nelson Glades Central High School Class of 1978

A funeral win be held Saturday at Glades Central High School gymnastLim

CL-py.i~t·l ~012 Sc~PP! Mc.lin .n; '11.1-Jhl~ r·,c, •o:l Tt.l~; .m!c- nl' ·a1- 1 ~ tr. r-•~!;.:,c·: l"l )1i .w·. rewri\lcr o- IVIJiSir,butcd

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Updated: 5:51pm Thursday May 17 20121 Posted: 5:19pm Thursday, May 17,2012

Effie Grear, longtime Glades principal, dies at 84

Related

By Allison Ross

Palm Beach Post Staff Writer

In Belle Glade everyone knows Effie Grear

The former Glades Central High principal helped raise generations of families during her 44 years as an educator in this city

Her name decorates the high school's football stadium, reminding those of the days when she used to walk the halls of the school referring to students as "Mr "and "Miss" and telling them to hustle to class or tuck in their shirts

Following a lifetime of service to the Glades community Dr Grear 84 died Wednesday evening following complications during heart surgery said her son William Grear .Jr

"She was an educator all the way to the end," her son said. "She didn't miss an opportunity to correct you whether if it was in your speech or because your pants were hanging down "

Born Aug 15 1927, in Huntington, W Va Dr Grear received a bachelor's degree in music, a masters in music and a doctorate in administrative supervision

She came to Belle Glade in 1956 as the director of band at the all-black Lake Shore Junior-Senior High School, later becoming dean of girls then assistant principal

During desegregation she came to newly created Glades Central High School as assistant principal, then took over as principal in 1975

"Dr Grear was an extraordinary educator and caring individual" said .Janis Andrews, chief academic officer for the Palm Beach County School District. Andrews said that Dr Grear "never truly retired " saying she stayed active in the community including volunteering on the board of the Health Care District

Dave Cantley, former principal of Lake Worth High School. said Dr Grear was "the epitome of what a high school principal should be " Cantley said that one time Dr Grear's husband was mugged When the thieves opened the wallet and saw he was her husband, the next night they threw the wallet back onto Dr Grear's front porch, all money and credit cards intact

ATTACHMENT___.__-.-=

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Dr Grear is survived by her son, William Grear Jr of Belle Glade; her daughter Rhonda Grear of Atlanta; her sister Shirley Speakes of Royal Palm Beach; five grandchildren; and two great-grandchildren

A wake will be held for Dr Grear from 7-9 p m. next Thursday at Glades Central High School, on the school's football field, weather permitting. The funeral will also be at the school, next Saturday, although the time has not been set her son said

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Westlaw Delivery Summary Report for HINSON,HELEN

Your Search:

Date/Time of Request: Client Identifier: Database: Lines: Documents: Images:

(NA(William & Grear) & CY(Belle & Glade) & ST(FL) & PRD("Person Tracker Records" "UTILITY RECORDS")) (FNA(William) & LNA(Grear) & CY(Belle & Glade) & SI(FL) & PRD("Personlracker Records" CREDITHEADER "UTILITY RECORDS")) Monday, February 18, 2013 09:24 Central HELEN HINSON PM-EXP-MB 13 I 0

The material accompanying this summary is su\:>ject to copyright. Usage is govemed by contract with Thomson Reuters, West and their affiliates

ATTACHMENT1)(5~qJ https:l/web2 .. westlaw com/print/printstream .. aspx?prft=HlMLE&mt=PeopleMap&vr=2 .. 0 2/18/2013

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QUERY- (NA(WILLIAM & GREAR) & CY(BELLE & GLADE) & ST(FL) & PRD("PERSON TRACKER RECORDS" "UTILITY RECORDS") ) (FNA(WILl!AM) & LNA(GREAR) & CY(BEL

DATABASE(S)- PM-EXP-MB

Rank Name Address

I GREAR JR, WILLIAM AKA's: GREAR JR, WILLIAMA GREARJR JR, WILLIAM GREARJR, WILLIAMA

Cmtent Address: BELLE 661 SW 4TH ST, GLADE BELLE GLADE, FL 33430-3919 Previous Addresses: • POBOX 262, BELLE GLADE, Fl 3.3430-0262 •750VOYAGER DR, HOUSTON, TX 77062-5617

SI

FL 261-49-XXXX

2. GREAR SR, WILLI- Current Address: CLARKSTON GA 235-26-XXXX AM A 1404 WILD CIR,

CLARKSTON, GA 30021-1477 Pt evious Addt esses: • 262, BELLE GLADE,FL 334.30-0262

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1963

192.3 YES

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3 GREAR .JR, WILLIAMA AKA's: GREER, WILLIAM c GREAR, WILLIAM A GREAR, WILLIAM A GREAR, WILLIAM A GREAR, WILLIAM

BELLE GLADE, FL 33430-3919 Current Addt ess: BELLE 661 4TH ST SW, GLADE BELLE GLADE, FL 33430-3919 Previous Addt esses: •POBOX262, BELLE GLADE, FL 33430-0262 • 15522 EM-PANADA DR 268, HOUSTON, TX 77083-403.3

FL 261-48-XXXX

© 2013 Thomson Reuters. No Claim to Orig US Gov Works

192.3

https:/ /web2 .westlaw .corn/print/printstream .aspx?prft=HTMLE&mt=PeopleMap&vr=2. 0.. 2/18/2013

Westlaw Delivery Summaiy Report for HINSON,HELEN

Date/I ime of Request: Client Identifier: Database: Citation I ext: Lines: Documents: Images:

Monday, Februa1y 18, 2013 09:25 Central HELEN HINSON PM-COMPl GREAR, WILLIAM 1410 1 0

The mateiial accompanying this summary is subject to copyiight Usage is governed by contract with Thomson Reuters, West and their af!iliates

ATTACHMENT :t{ '/o~0

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Phonetic off Last GREAR First WILLIAM Middle A Begin 01/JAN/1998 End 18/FEB/201 Search: Name: Name: Name: Date: Date:

EJ Name/Corporation lAd dress IIParty Type I Filing Date

1@9130971 unavailable

125-APR-071 GREAR, WILLIAM Case: DEFENDANT A 502007SC005463XXXXMB

CSGA, LLC V GREAR JR

unavailable

GREAR, WILLIAM Case:

@3096940 502012SC019601XXXXMB DEFENDANT 16-0CT-12 A CITY OF BELLE GLADE VS

GREAR

Page: 1 Records: 1 - 2

ATTACHMENT -:p(qcrff} http://comtcon co palm-beachJLus/pls/jiwp/ck _public_ qry _ cpty cp_personcase_srch _ detai 2/18/2013

FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS CAMPAIGN TREASURER'S REPORT SUMMARY

(1) t1) I !It if·,.,-, fl, G~.vM?-t zjl<_ OFFICE USE ONLY -~--·--

Name ·-A( ~. .flp3/Ja..(3 !; : t/J.q.>rn

(2) 6t(>t . $w. r..j -r. --- ---Address (number and street)

Belle Glade, Flox·ida 33430 ··-· ·-··---City, State, Zip Code

0 CHECK IF ADDRESS HAS CHANGED (3) ID Number: ··----· (4) Check appropriate box(es):

0 Candidate (office sought): Cit;.:: Commission - seat "'----·- -·· 0 Political Committee 0 CHECK IF PC HAS DISBANDED 0 Committee of Continuous Existence 0 CHECK IF CCE HAS DISBANDED 0 Party Executive Committee 0 Electioneering Communication 0 CHECK IF NO OTHER ELECTIONEERING

COMMUNICA liON REPORTS WILL BE FILED

(5) REPORT IDENTIFIERS 6:3 Cover Period: From ~. I . if_ I I 2- To -2. 11'1 II 2.. Report Type fl ..

·--·· ··-- -- .• ~--·

. !!::(Original 0Amendment 0 Special Election Report 0 Independent Expenditure Report

(6) CONTRIBUTIONS THIS REPORT' (7) EXPENDITURES THIS REPORT - ----~-~----·- ··----- ... -. -----·--·-- -· .. ---· ·-· ..... -·-. . - -·- ·--·---·- -Monetary---···-

. .3·[;(), ··- ---~----·-

·-/1!-o:~cr ·- ·-··--·-·· ... ··-·- -

Cash & Checks $ Expenditures $ ---· - ·-·

Loans $ Transfers to Office .. ..•. Account $

$ jt.d -··· --------Total Monetary tJ • Total ------- .•.

$ __ _L L/ 3_ ' G, 6 ____ Monetary

In-Kind $ ---·· (8) Other Distributions

$ -·---·-··-----·--

(9) TOTAL Monetary Contributions To Date (10) TOTAL Monetary Expenditures To Date

$ ------- :3_60· $ 1~3 .C,c ..

(11) CERTIFICATION It Is a first degree misdemeanor for anx_. person to falsify a public record (ss. 839.13, F.S.) ..

I certify that I have examined this report and it is true, I certify that I have examined this report and it is true, correct, and complete .. correct, and complete.

(Type name) [ffl G c. Gt<£11fk. (Type name) tt/ /; t #!Yl 4 -«..~QA-tt, u.<.. Olndividual (only for @reasurer 0 Deputy Tr;;surer .!Ercandidate 0 Chairperson (only for PC, PTY & electloneer1ng commun) *T;-·-"-~gna~~ ~~· _X WA ~b . ..L: --. ---

Signature

OS·DE 12 (Rev .. 08/04)

..... ATTACHMEN-T ... /l .. :c--·--,.--

. I \

r-----_..:..:.;IN:..::SIRUCTION, l

.'OR CAMPAIGN TREASURER'S REPZ. fSUMMARY (1) Type full name of candidate, political committee, committee of continuous existence, party executive

·--~~mittee, or indivldual_~organization_fillng an electioneering communication report.

(2) Type the address (Include city, state, and zip code) You may use a post office box _____ _!!the address has chang:d since the last report filed, check the appropriate box.

(3) Type identification number assigned by the Division of Elections. --- .. ----(4) Check one of the appropriate boxes:

Candidate (type office sought - include district, circuit, or group numbers) Political Committee Committee of Continuous Existence Party Executive Committee Electioneering Communication

If PC or CCE has disbanded and will no longer file reports, check appropriate box If individual or organization will no longer file electioneering communication reports, check appropriate box

(5) Type the cover period dates (e .. g , From 07/01/03 To 09/30/03) Enter the report type using one of the following abbreviations (see Calendar of Election and Reporting Dates). If report is for a special election, add "S" In front of the report code (e.g., SG3).

1----Quarterly Reports General Election Reports

January Quarterly ..... . Q4 April Quarterly .... . .. , 01 July Quarterly .. ... ... Q2 October Quarter! ........................................... ", ............. Q3

46"' Day Prior G1 32"" Day Prtor G2 18"' Day Prior ... G3 4"' Da Prtor ................................................................ '"·""G"-4 --1

Primary Reports 32"" Day Prior. F1 90-·Day Termination Reports (Candidates Only) 18"' Day Prior . .. .. . .. . . . . . ...... F2 rermination Report TR

j_"' Day Prior ........................ ===, ................................ F3 Check one of the appropriate boxes:

(

·-~-~- ..... ~-- ---~-~OriginaL(firstreport.filesJJQr!hiEeRO[Iin_gp~riod) Amendment (an amendment to a previously liiei:freport)' · ···· ·· --~-" ... Special Election Report Independent Expenditure Report (see Section 106 .. 071, F.S.)

r-------~- ~~------------------~ (6) Type the amount of all contributions this report:

Cash & Checks Loans Total Moneta!)' (sum of Cash & Checks and Loans) In-kind (a fair market value must be placed on the contribution at the time it is given)

- -(7) Type the amount of all expenditures this report:

Moneta!)' Expenditures Transfers to Office Account (elected candidates only) Total Moneta!)' (sum of Moneta!)' Expenditures and ·rransfers to Office Account)

(8) Type the amount of other distributions (goods & services contributed to a candidate or other committee by a PC, CCE or PTY).

(9) Type the amount of TOTAL monetary contributions to date (parties keep cumulative totals for 2 year periods at a time (e g., 01/01/02 ·-· 12/31/03). Candidates keep cumulative totals from the time the campaign deposito!)' is opened through the termination report).

. -(10) Type the amount ofTOTAL monetaty expenditures to date (parties keep cumulative totals for 2 year

periods at a time (e.g., 01/01/02- 12/31/03). Candidates keep cumulative totals from the time the campaign deposito!)' Is opened through the termination report). - -

(11) Type or print the required office~s name and have them sign the report: Candidate report (treasurer & candidate must sign) PC report (treasurer & chairperson must sign) CCE report (treasurer must sign) PTY report (treasurer & chairperson must sign) Electioneerin Communication re ort individual.£! organization's treasurer & chairperson must sign)_

AMENDMENT REPORTS: An amendment report summary should summarize only contributions, expenditures, distributions, & fund transfers being reported as additions or deletions.. Read the Instructions for the sequence number & amendment type fields on the back of forms DS--DE 13, 14, 14A and 94.. The Division will summarize all re orts submitted for each re ortln erlod !!!!! for the Iller to date. __ ... _ ....

. ---:· _,._ .. : .. :.:... --- . __ ,, --- "_ .. __ :-:· ... -:. ~- ·: ...

'

' I, I '

CAMPAIGN TR ... .;SURER'S REPORT ·-ITEMIZED C, ~TRIBUTIONS

(1) Name /1J 1 / /; r'l--h'l 1/._j;~~ eA R 01::_ (2) I D Number -- - . --1---

d_oJ__:I-~ pt/ I I ;2.___ through 62.. I /7 I ;;z__ (4) Page 3 Cover Period cJ 2 (5) (7)

Full Name Suffix, First, Middle)

-------- Date --1 (6) (Last,

Sequence S treet Address & Number Cit 1" Sta~~ Code

-------+-=[""i>G

1Z ;i12., /JJ, flttfr. ~s~ Lf111 sc,

6:/~e/Pc"-.. ;::J;'!>f3"-)

--(I!Z ketZI?.

6,)_ I f </ I tf;).. .. 0

d,t> . 5" f ,PiD /J o/L

1h r!} /lf; ('?&

'7 ::3 '-fq '8-0 I} 2_; >d <I

" ! M ~,J~, <) /?..

Ji> .. r;,</ w"{ /)(1( ffl @ .. ~ . '? '-{ <:.>"/

-;J·G_=w ,,,,,J . 5 tc) 0 --rCy! " «-

h f34- I fi· ,. '{~ 3

-· 1----'-----L-

-·

I I

-__ L_ __ .!_I_-1

I ------'--1

L_ _ _____.___ -------------

(8) (9) (10) (11)

Contributor Contrtbution in-kind Iype . OccuQ<~tion Type Description Amendment

- "

• Cfl 5 I

···- __ .. ,,. -·-·- ---·-

I c ;-{{:

--~ ... ---- -

I cf-/E

------'-- --·- --·---· - ·---· 1- " " ·-- -- ··-- - --~ --- - .. -~-- -·--,,

C. fiE

-- -- -·

--· ____ ,.

------- '" ··-·

-;----- " r----· --

DS-DE 13 (Rev .. 08103) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

(12)

Amou~t -

II :z .. o -:_) I

__ .. __ <I( I)"""LI '

--

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·----·--·--·-·----~

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---

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INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT - ITEMIZED CONTRIBUTIONS


(2} Type the identification number assigned by the Division of Elections. (3) Type cover period dates (e g,. 'V1/03 through 9/30/03) (See Calendar and Election Dates for appropriate year

and cover periods} (4) Type page numbers (e .. g , ._1_ of .2j (5) Type date contribution was RECEIVED (Month/DayNear)

(6) Sequence Number-· Each detail line shall have a sequence number assigned to it Sequence numbers are to be assigned within each reporting period and for each type of detail line Thus the report type, detail line type, and sequence number will combine to uniquely identify a specific contribution, expenditure, distribution or fund transfer. This method of unique identification is required for responding to requests from the Division and for reporting amendments. For example, a 01 report having 75 contributions would use sequence numbers 1 through 75. The next report (02), comprised of 40 contributions would use sequence numbers 1 through 40. Contributions on amended Q 1 reports would begin with sequence number 76 and on amended 02 reports would begin with sequence number 41 See the Amendment 7ype instructions below.

(7) Type full name and address of contributor (including city, state and zip code) (8) Enter the type of contributor using one of the following codes:

Individual = I Business = B (also Includes corporations, organizations, groups, etc.) Committees = C (includes PC's, CCE's and federal committees) ' Political Parties = P (Includes federal, state ad county executive committees) j Other = 0 (e.g., candidate sur'Pius funds to party, etc.} j

..... ~~~~--(g)-~-:~;!~:~t;:~;:;~~:r~::~:r::: :::::::,::::go:::::OO only .. (If ab;:::~;~~=~ndica:~a:~:: ...... ··- ~ -~ J NOTE: Cash includes cash and cashier's checks. Cash CAS

Check CHE In-kind INK Interest INT Loan LOA Membership dues DUE Refund __ _,__ __ REF

(1 0) T'ype the description of any in-kind contribution received Candidate's Only -If Jn .. klnd contribution Is from a party executive committee and Is allocable toward the contribution limits, type an "A" In this box. If contribution Is not allocable, type an "N" ..

(11) Amendment Type (required on amended reports)-· To add a new (previously unreported) contribution for the reporting period being amended, enter 'ADD' in amendment type on a line with All of the required data. The sequence number for contributions with amendment type "ADD" will start at one plus the number of contributions in the original report. For example, amending an original 01 report that had 75 contributions, means the sequence number of the first contribution having amendment type 'ADD" will be 76; the second "ADD' contribution would be 77, etc. When amending an original 02 report that had 40 contributions, the sixth "ADD' contribution would have sequence number 46. To correct a previously submitted contribution use the following drop/add procedure Enter "DEL" in amendment type on a line with the sequence number of the contribution to be corrected In combination with the report number being amended, this sequence number will identify the contribution to be dropped from your active records On the next line enter "ADD' in amendment type and ALL of the required data with the necessary corrections thus replacing the dropped data Assign the sequence number as described above

(12) Type amount of contribution received Committees of continuous existence ONLY: Any contribution which represents the payment of dues by a member in a fixed amount pursuant to the schedule on file with the Division of Elections need only list the aggregate amount of such contribution, together with the number of members paying such dues and the amount of membership dues

CAMPAIGN TREASURER'S REPORT -ITEMIZED EXPENDITURES (1) Name W 1<- <- uj m 4 .r:US e A & 1 :::r R ----· (2) I.D. Number-----····-·-----

(3) Cover Period··- 2 .. L7f..._j ~ through _..;2,d_iJ___}....t..:J- (4) Page-./-----of_-1--_

r---· (5)

Date ~---··---

(6) Sequence Number

.)._/I ,j //~

6o I f-.--------·

'--/ I

•----•••••••w

f---_L_j_ .. ---

·- ---

I I ....

--

I I--

1-------

.,__L_.L_

~~-~·-·····

(7) .. -- ._ .. _ (8) ______ ,._ --·(9)--

(11) (10)

Full Name Purpose (Last, Suffix, First,

Street Add res (add office sought If

contribution to a Expenditure City, State, Zip

Middle) s& Code candidate) Type Amendment Amount

·c if1 o..fi' r-:, e~ ·~ e G·

I It) ' !I"' Ill d~ Ji<.. I

------·---+----~~-~=--!-----· ·------<-rrt>lf r''-'"''""" ........ G~ vl> v-1 61- 3'1 10· ''' .. , "o 3 'J If~ <> IN~ '"s v·-< "' f t:!<l-/3 eq.e G<-rrlJ"t (-L

--····--------· 1- :z.c•• · <Ia/- "'"•'' -/0 fJ ,tf, 0

.J:.-:.--...l<'w!:Wol.e...-J----+-----f..:----·

·---- --.. ---------1---.. ----· --·---+--

. ·-····~-:::-----···-.-.... 7':··· ----1--·----·-·-.. --.. --... -·+---l·-.. ---·-·

·····- - --···---·-.-.. -·-----1--------- ·-·-·-·---1----1

----·--·- --+------1----.. ·-·- ·--·-

·--1-·--·----------.... ---·-------·-1------ --·--·- .. ---+----1

I I

-·--·----·-··· ·--.. -----1-- ·-----J.---------,1-·-·-·---·--·-1---

I I

-- -----OS-DE 14 (Rev., 08/03)

SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

. .. ~ .

I I I

(

INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT • ITEMIZED EXPENDITURES

(1) Type candidate's full name or name of the political committee (PC), committee of continuous existence (CCE) or 1

party executive committee (PTY).


(3) Type cover period dates (07/01/03 through 09/30/Q~.. (See Calendar and Elsction Dates for appropriate cover periods.)

(4) Type page numbers (e.g.,1 of m (5) "Type date of expenditure (Month/Day/Year}.

(6) Sequence Number- Each detail line shall have a sequence number assigned to it. Sequence numbers are to be assigned within each reporting period and for each type of detail line Thus the report type, detail line type, and sequence number will combine to uniquely Identify a specific contribution, expenditure, distribution or fund transfer This method of unique identification is required for responding to requests from the Division and for reporting requirements

For example, a Q 1 report having 40 expenditures would use sequence numbers 1 through 40.. "The next report (02), comprised of 30 expenditures would use sequence numbers ·1 through 30 Expenditures on amended Q1 reports would begin with sequence number 41 and on amended Q2 reports would begin with sequence number 31 . See Amendment Type instructions below

(7) "Type full name and address of entity receiving payment (including city, state and zip code) ..

(8) Type purpose of expenditure (if expenditure is a contribution to a candidate, also type the office sought by the candidate) PLEASE NOTE.: This column does not apply to candidate expenditures, as candidates cannot

-·contrib"Oteno oth·er·candidates··from··campaign·funds-··However,PCs··(supporting-candidates),-CCEs.and.party-... executive committees contributing to candidates must report office sought (Section 106 07, F..S.) !


DESCRIPTION

Disposition of Funds (Candidate) Monetary Petty Cash Withdrawn Petty Cash Spent Transfer to Office Account Refund

....... 1 ....... ~~~r: .. I DIS

MON PCW PCS TOA REF

(10) Amendment "Type (required on amended reports) · To add a new (previously unreported) expenditure for the reporting period baing amended, enter "ADD" in amendment type on a line with ALL of the required data.

The sequence number for expenditures with amendment type "ADD" will start at one plus the number of expenditures in the original report For example, amending an original Q1 reports that had 75 expenditures, means the sequence number of the first expenditure having amendment type "ADD" will be 76; the second "ADD" expenditure would have sequence number 39

To correct a previously submitted expenditure use the following drop/add procedure. Enter ''DEL" in amendment type on a line with the sequence number of the expenditure to be corrected. In combination with the report number being amended, this sequence number will identify the expenditure to be dropped from your active records On the next line enter "ADD" in amendment type and ALL of the required data with the necessary corrections thus replacing the dropped data Assign the sequence number as described above

(11) Type amount of expenditure.

( '

\ I

( ' I \

FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS CAMPAIGN TREASURER'S REPORT SUMMARY

(1) wtll ,q-yy,_il_. CR.. er-r~ , Ci~ . OFFICE USE ONLY ·-·-

Name 1h. S."' & J/q /1 ~(~ 9 · &-'6fJ.m (2) .. ~(d' -.~ w /l -r -·-- --·--Address (number and street)

Belle Glade, Floz·ida 33430 .. --·--City, State, Zip Code

0 CHECK IF ADDRESS HAS CHANGED (3) ID Number: ..

(4) ~I< appropriate box(es): Candidate (office sought): City commission - seat CL-

0 Political Committee 0 CHECK IF P9 HAS DISBANDED 0 Committee of Continuous Existence 0 CHECK IF CCE HAS DISBANDED 0 Party Executive Committee 0 Electioneering Communication 0 CHECK IF NO OTHER ELECTIONEERING

COMMUNICATION REPORTS WILL BE FILED


Cover Period: From ::LI/'7 I /'2.- To ~ I s I /'2-- Report Type G '-[ .~iglnal ---· ·-- ·----· -- ·---· -- ·---

0Amendment 0 Special Election Report 0 Independent Expenditure Report

(6) CONTRIBUTIONS THIS REPORT (7) EXPENDITURES THIS REPORT . •.. --- ·---~---~ ·-·-···-·- .. .. ... . .. . ·-·- -----·-- ......... ·························(;jffl····-6-CJ ..... ...

!3oo . o0 Monetary " • . ~ J) Cash & Checks $ Expenditures $ : .V.rJl!!i.:p 6 C

-· ...• -~

Loans $ Transfers to Office ~~ 573 (~l ?Cf!. fo---Account $

$ ;j;0 c}, 60 ·---- ·--Total Monetary Total

<:{:; I g . ~) 0 ,i!...OC) _. ·---- .. --

Monetary $ , ........ .

$ ...... -·-"' --· ln .. Kind ---·-·

(8) Other Distributions $ ... ---'·

..

(9) TOTAL. Monetary Contributions To Date (10) TOTAL. Monetary Expenditures To Date

$ .. /6,2_-d $ '20/.&6 ·-·

(11) CERTIFICATION It is a first degree misdemeanor for any. person to falsify a publlc r·ecor'd (ss. 839.13, F.S.)

I certify that I have examined this report and it is true, I certify that I have examined this report and it is true, correct, and complete correct, and complete .

(1ype name) }£(2.p..~ e._ ("" ,"''>

. (Typename)tr/r//tl/"1 //:::, Q,-«.<• . ...,1 -(..,-.A. ~ {1:- !Z i..1'"t=. Olndividual (only for [gfreasurer D Deputy Tre;;u~er l]3-c8ndidate D Chairperson (only for PC, PTY & electioneering commun.)

X J ;t) A j L ::oneenng~:":7' X ~(Zl c£Jdd!AA Signa;;- ·· Signature /

OS-DE 12 (Rev .. 08/04) ~ ..

( /

c INSTRUCTIOtX 'OR CAMPAIGN TREASURER'S REP T SUMMARY - -- ···-

(1) Type full name of candidate, political committee, committee of continuous existence, party executive

1-------committee, or individual or organization filing an electioneering communication report

----· (2) Type the address (include city, state, and zip code). You may use a post office box.

•' If the address has changed since the last report filed, check the appropriate box (

- ----~ ··-(3) Type identification number assigned by the Division of Elections.

- ··- --(4) Check one of the appropriate boxes:

Candidate (type office sought- include district, circuit, or group numbers) Political Committee Committee of Continuous Existence Party Executive Committee Electioneering Communication

If PC or CCE has disbanded and will no longer file reports, check appropriate box If individual or organization will no longer file electioneering communication reports, check appropriate box.

(5) Type the cover period dates (e .. g .. , From 07/01/03 To 09/30/03) Enter the report type using one of the following abbreviations (see Calendar of Election and Reporting

1-------··· Dates). If report is for a sgeclal election, add "S" in front of the report code (e g .. , SG3).

·---Quarterly Reports General Election Reports

January Quarterly Q4 46"' Day Prior G1 April Quarterly ... . .. Q1 32"" Day Prior .. ... . , .. . . ... . G2 July Quarterly ... , 02 18"' Day Prior . " . .. .. . .... G3 October Quarterlv ........................ , .................... " ............ Q3 -- 4111 Dav Prior, .................................................................. G4

32"' Day Prior . Primary Reports

F1 90-Day Termination Reports (Candidates Only) 18"' Day Prior . , .. ... . .. .. . . . F2 Termination Report .TR 4th Dav'Prtor .......... ,. ........................................ = ......... F3

-~--- ·- - --Check one of the appropriate boxes: - · --· ---- ·---·originar(firsrreport-filed for this reporting period) .. ·····-- -··~ ·-. ·-~·--··-· .... -···· .... ...

Amendment (an amendment to a previously filed report) Special Election Report Independent Expenditure Report (see Section 106 .. 071, F.S.)

·- ·-(6) Type the amount of all contributions this report:

Cash & Checks Loans Total Monetary (sum of Cash & Checks and Loans) In-kind (a fair market value must be placed on the contribution at the time it is given)

'"" ---(7) Type the amount of all expenditures this report:

Monetary Expenditures Transfers to Office Account (elected candidates only) Total Monetary (sum of Monetary Expenditures and Transfers to Office Account)

- ·----·-(8) Type the amount of other distributions (goods & services contributed to a candidate or other committee by

a PC, CCE or PTY). -- - -(9) Type the amount ofTOTAL monetary contributions to date (parties keep cumulative totals for 2 year

periods at a time (e.g., 01/01/02 ·•· 12/31/03). Candidates keep cumulative totals from the time the campaign depository is opened through the termination report). _._

(10) Type the amount ofTOTAL monetary expenditures to date (parties keep cumulative totals for 2 year periods at a time (e g, 01/01/02 -· 12/31/03). Candidates keep cumulative totals from the time the campaign depository is opened through the termination report).

--·· ·- - --(11) Type or print the required officer's name and have them sign the report:

Candidate report (treasurer & candidate must sign) PC report (treasurer & chairperson must sign) CCE report (treasurer must sign) PTY report (treasurer & chairperson must sign) E:lectioneering Communication report (individual or organization's treasurer & chairperson must siqn) \

AMENDMENT REPORTS: An amendment report summary should summarize only contributions, expenditures, distributions, & fund transfers being reported as additions or deletions., Read the ·instructions for the sequence number & amendment type fields on the back of forms DS-DE 13, 14, 14A and 94, The Division will summarize all reEorls submitted for each reJlorling Jleriod and for the filer to date.

-~-- -- ····- - -·-·· ! \ ... , ... ,.., :····: -----. '

..

I

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f c

CAMPAIGN TFL.,,SURER'S REPORT -ITEMIZED 0 JTRIBUTIONS

(1} Name !i/rflr.tm ..f!5__G ~1w. ··---· (2) 10. Number ·---------.

A_ /.,$~ i:L 3 L I (3) Cover Period-··· I I I:L through 16 I (4} Page of .. .. - - -(5) (7) (8) (9) (10) (11) (12)

Date Full Name (6) (last, Suffix, First, Middle)

Sequence Street Address & Contributor ContribuUon In-kind Number Citv. State Zip Code Tvoe Occupation Tvoe bescriotion Amendment Amount ··-·-

i! urf 1 ~ '/hc.':f.S<o-l ...

:1--t .. r Iii n · 1~0 , fJ •Y: ;? 'Jo ( c. f/ f' $j()o, ~ ,zf£,.4 ,0"r F '-6o I & :;.f ~0

;nrr,,:,_ wtts•/., "'"eft/ -· ....

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I <:-If c· # j6d 5''1 I - S F .,;>..,.~ 'i:/

()C! :z.. f.] .,_f"-&J; f)<{.e I f: <-? 'f~C>

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_!___~ I 1/?-- ~ 771< :?:" ,;Lfl- J{ I c) . :-r ( c!_,f/F fdb. G;( ;r</_erf t-

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31 / _ _L/_2:_ 1ft!> ?.. o .. J( p.J •I 8 S'-r V1 f,ri''Jd 11· j.frVJ.~,-clt.-k( fi- l C.fG' (;fJlf_

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E lvt~:fs,·;,...e"fr . y\1 ti• {i:er ~--~--

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cJO 6 '21 ~ f?'-)

---·-- I -··-

1 1 lf1l!l<f::€ Mr"bl<l' ~ e.rl'!:" (;f,~'[e

? I (~-- L/~t ./3',(£1!. dilfr4-· VA ~uo ( ;u-r ~If'£ .}..._..:;;/\. [...,.

{Ju (., /J.J¢,; ,. "'tJ<. f

"3 'J '/<>I . ~ -- - --~-#trN<iJ7r9CtcP-i "1 .'3 I <! 1/:?- ,;- ,;~..\ )r8 .. A ·---·"-

;?-e.f/<2.. 0-!&d-"'-, ;:· t- I ~[;" {) 1$ 7 2i- ;!; 1- f» c

---- -

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. --- ... DS--DE ·13 (Rev .. 08/03) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

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INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT -ITEMIZED CONTRIBUTIONS (1) Type candidate's full name or name of the political committee (PC), committee of continuous existence (CCE) or

party executive committee (PTY)

(2) lype the Identification number assigned by the Division of Elections

(3) Type cover period dates (e g., '711/03 through _9/30/03_) (See Calendar and Election Dates for appropriate year and cover periods.)

(4) Type page numbers (e g., _1_ of ~·

(5) Type date contribution was RECEIVED (Month/Day/Year)

(6) Sequence Number- Each detail line shall have a sequence number assigned to it Sequence numbers are to be assigned within each reporting period and for each type of detail line Thus the report type, detail line type, and sequence number will combine to uniquely identify a specific contribution, expenditure, distribution or fund transfer. This method of unique identification is required for responding to requests from the Division and for reporting amendments

For example, a 01 report having 75 contributions would use sequence numbers 1 through 75. The next report (02), comprised of 40 contributions would use sequence numbers 1 through 40 Contributions on amended 01 reports would begin with sequence number 76 and on amended 02 reports would begin with sequence number 41 See the Amendment Type instructions below


(8) Enter the type of contributor using one of the following codes;

Individual = I Business = B (also includes corporations, organizations, groups, etc .. ) Committees = C (includes PC's, CCE's and federal committees)

Political Parties = P (includes federal, state ad county executive committees) Other = 0 (e .. g .. , candidate surplus funds to party, etc.)

Type occupation of contributor for contributions over $100 only.. (If a business, please indicate nature of -----business-}········· ·········- ... - ·- -----·------ ......... ····~· ~~=~

(9) Enter Contribution JYpe using one of the following codes: DESCR!):!I!ON-1---"C'-"'ODE

NOTE: Cash includes cash and cashier·'s checks. Cash CAS Check CHE In-kind INK Interest INT Loan LOA Membership dues DUE Refund REF_

(1 0) Type the description of any in-kind contribution received

Candidate's Only -If in-kind contribution Is from a party executive committee and Is allocable toward the contribution limits, type an "A" in this box If contribution Is not allocable, type an "N".

(11) Amendment Type (required on amended reports) - To add a new (previously unreported) contribution for the reporting period being amended, enter "ADD" in amendment type on a line with ALL of the required data The sequence number for contributions with amendment type "ADD" will start at one plus the number of contributions In the original report For example, amending an original 01 report that had 75 contributions, means the sequence number of the first contribution having amendment type "ADD" will be 76; the second "ADD" contribution would be 77, etc When amending an original 02 report that had 40 contributions, the sixth "ADD" contribution would have sequence number 46. 'To correct a previously submitted contribution use the following drop/add procedure Enter "DEL" in amendment type on a line with the sequence number of the contribution to be corrected. In combination with the report number being amended, this sequence number will idenlify the contribution to be dropped from your active records On the next line enter "ADD" in amendment type and ALL of the required data with the necessary corrections thus replacing the dropped data Assign the sequence number as described above


.. ~- ~~c:· ..,--·-.--" .. - -·:- :::··

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pAMPAIGN T'REASURER'S REPORT -ITEMIZED EXPENDITURES (1) Name ?tJ d!t hi?\ It-, G;.e... ~~ t Q-"IZ. ------· (2) LD. Number _____ _

(3) Cover Period ,p_ I I I rf ;J-_ through __1__;_!___; /.:1- (4) Page ______ /_ ___ of. _,_/ __ _

---(-5)--~----(7),------,.---(""8)----,---(;::,9),----,-·(10) (11)


() 0 {

C)O 2..-

.:z E!!;:;--o (.) '(

? 7 ;"2-

()0 0

(L.ast, Suffix, First, 1'1lfddle) (add office sought if Street Address & contribution to a Expenditure

City, State, Zip Code candidate) Type Amendment Amount

-----.. ·----1--- ------+----·----.. --- ------

________________ l,__ __ _.)_ ___ ...!,_ ___ _

OS-DE 14 (Rev. OB/03) SEE REVERSE FOR INSTRUCTIONS AND CODE VAL.UES

( / .

INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT -ITEMIZED EXPENDITURES



(3) Type cover period dates {.QliQ.!/03 through 09/30/0;l) (See Calendar and Election Dates for appropriate cover periods.)

(4) Type page numbers (e g , .1 of ID


(6) Sequence Number· Each detail line shall have a sequence number assigned to it Sequence numbers are to be assigned within each reporting period and for each type of detail line Thus the report type, detail line type, and sequence number will combine to uniquely identify a specific contribution, expenditure, distribution or fund transfer This method of unique identification Is required for responding to requests from the Division and for reporting requirements

For example, a Q1 report having 40 expenditures would use sequence numbers 1 through 40 The next report (Q2), comprised of 30 expenditures would use sequence numbers 1 through 30. Expenditures on amended Q1 reports would begin with sequence number 41 and on amended Q2 reports would begin with sequence number 31.. See Amendment Type instructions below.

(7) Type full name and address of entity receiving payment (including city, state and zip code)

(8) Type purpose of expenditure (if expenditure is a contribution to a candidate, also type the office sought by the ·-······-·-·-···-·candidate ):.-···PlEASE-NOTE; ·This- column-does-not-apply .. to- candidate .. expenditures,..as-candidates_ canneL ··-·--······.

contribute to other candidates from campaign funds However, PCs (supporting candidates), CCEs and party executive committees contributing to candidates must report office sought (Section 106. 07, F .. s.).

(9) Enter Expenditure Type using one of the following codes;

---·-----r---DESCRIPTION

Disposition of Funds (Candidate) Monetary Petty Cash Withdrawn Petty Cash Spent Transfer to Office Account Refund

CODE

DIS MON PCW PCS TOA REF

(10) Amendment Type (required on 'amended reports) ·· To add a new (previously unreported) expenditure for the reporting period being amended, enter "ADD" in amendment type on a line with ALL of the required data

The sequence number for expenditures with amendment type "ADD" will start at one plus the number of expenditures in the original report. For example, amending an original Q1 reports that had 75 expenditures, means the sequence number of the first expenditure having amendment type "ADD" will be '76; the second "ADD" expenditure would have sequence number 39

To correct a previously submitted expenditure use the following drop/add procedure. Enter "DEL" in amendment type on a line with the sequence number of the expenditure to be corrected In combination with the report number being amended, this sequence number will identify the expenditure to be dropped from your active records. On the next line enter "ADD" in amendment type and ALL of the required data with the necessary corrections thus replacing the dropped data Assign the sequence number as described above

(11) Type amount of expenditure ..

(

RE: FW: Grem- FEC 12-145 and 12--265 DebraR Buff to: Cedric Oliver 03/25/2013 08:24AM Show Details

4 Attachments

~ image007 jpg image008 .gil image003 jpg image004 jpg

Mr Grear has not filed an amendment to his termination report

Debra R Buff, MMC, City Clerk City of Belle Glade 110 Dr. Martin Luther King, Jr

Belle Glade, FL 33430 . . ___ _ _i>hone.:..5.61c9_9_6~0.1_0_0 ___ ...

Fax: 561-993-1814 I

Blvd West

(

Under Florida law, email addresses are public records If you do not want your email address released in response to a public records request, do not send electronic mail to this entity Instead contact this office by phone or in writing. Florida Statute 668 6076

From: Debra R Buff Sent: Thursday, March 21, 2013 4:02 PM To: 'Cedric Oliver' Subject: RE: FW: Grear - FEC 12-145 and 12-265

You crack me up I! It's a shame we don't work together, of course, it's probably a good thing as we wouldn't get

much work done, but it sure would be fun!!! ©

Debra R.Buff, MMC, City Clerk City of Belle Glade 110 Dr. Martin Luther King, Jr Blvd, West

Belle Glade, FL 33430

Phone: 561-996-0100 Fax: 561-993-1814

I I

PLEASE NOTE: Under Florida law email addresses are public records If you do not want your email address released in response to a public records request, do not send electronic mail to this entity Instead, contact this office by phone or in writing Florida Statute 668.6076

From: Cedric Oliver [mailto:[email protected]] Sent: Thursday, March 21, 2013 4:00 PM To: Debra R .. Buff Subject: Re: FW: Grear- FEC 12-145 and 12-265

Thank you so much You are the bomb Hiroshima!!!

"Debra R Buff' ---·03/2112013 01:34:06 PM--·-1-lerc ya go my little pest! :-) lust kidding But, ....... hop.ciu1ly_this_y.ilJg9t thifL(iJ<e otlyour desk _______ -------------·--·-······-

F rnm. "Debra R Buff! <dbuffli:f!bclle!!ladc-tlcom> I o· "cedric.olivel(fl)myfloridalegal.com" <cedric.oli venh>Inyt1orida legal.com> Date: 03/2112013 01:34PM Subject: FW: Grear- FEC 12-145 and 12-265

-·---...... -·---··------·--------------------~----·.,·--

Here ya go my little pest! :-) Just kidding But, hopefully this will get this file off your desk and keep you out of my hair!! LOL :-)

Hoping you have a good one, and feel free to give me call if you should need anything else

Thanks Deb

Debra R.Buff, MMC, City Clerk City of Belle Glade 110 Dr Martin Luther King, Jr Blvd , West Belle Glade, FL 33430 Phone: 561-996-0100 Fax: 561-993-1814 ·.;.;ww. be l.leg ladegG\' . con:

PLEASE NOTE: Under Florida law, email addresses are public records If you do not want your email address released in response to a public records request, do not send electronic mail to this entity.. Instead, contact this office by phone or in writing .. Florida Statute 668.6076

( '

-----Original Message----From: Debra R. Buff Sent: Wednesday, March 20, 2013 3:20PM Io: r cedric .. oliver®myfloridalegal. com r

Subject: RE: Grear - FEC 12-145 and 12-265

As requested, attached is William A. Grear's DS-DE 9 form designating himself as Deputy Treasurer.

: -)

Debbie

Debra R .Buff, MMC, City Clerk City of Belle Glade 110 Dr Martin Luther King, Jr Blvd , West Belle Glade, FL 33430 Phone: 561-996-0100 Fax: 561-993-1814 www.bellegladesov.com

PLEASE NOTE: Under Florida law, email addresses are public records If you do not want your email address released in response to a public records request, do not send electronic mail to this entity Instead, contact this office by phone or in writing. Florida Statute 668 6076

-----Original Message----From: Debra R Buff

· -··--······se-nt~-we-dnescta;;-,-··fet!uary···2o;·--2o·i3····1o-,-1"6"71M" To: rcedric oliver®myfloridalegal .. comr Subject: RE: Gr·ear - FEC 12-145 and 12-265

As requested, please find attached William A .. Grear's ·campaign treasurer reports, types G3 and G4 ..

Don't hesitate to contact me if I can be of any further assistance

Thank you, Debbie

Debra R Buff, MMC, City Clerk City of Belle Glade 110 Dr Martin Luther King, Jr Blvd , West Belle Glade, FL 33430 Phone: 561-996-0100 Fax: 561-993-1814 www.bellegladegov.com


-----Original Message----From: Debra R Buff Sent: Thursday, February 14, 2 013 3 : 3 4 PM To: r cedric ali ver®myfloridalegal. com r Subject: RE: Grear - FEC 12-145 and 12-265

(

Please find attached the Candidate Handbook provided for the 2012 Election cycle,

Debra R .Buff, MMC, City Clerk City of Belle Glade 110 Dr. Martin Luther King, Jr. Blvd , West Belle Glade, FL 33430 Phone: 561-996-0100 Fax: 561-993-1814 www.bellegladeqov.com

PLEASE NOTE: Under Florida law, email addresses are public records, If you do not want your email address released in response to a public records request, do not send electronic mail to this entity Instead, contact this office by phone or in writing Florida Statute 668 ., 6076

-----Original Message----From: Debra R Buff Sent: Thursday, February 14, 2013 3:16 PM Io: 1 Cedric .oliver®myfloridalegal .. com' Subject: Grear- FEC 12-145 and 12-265

As requested, attached are the qualifying documents for William A Grear, Jr

Debra R.Buff, MMC, City Clerk City of Belle Glade 110 Dr Martin Luther King, Jr Blvd .. , West Belle Glade, FL 33430 Phone: 561-996-0100 Fax: 561-993-1814 www.bellegladegov.com

PLEASE NOTE: Under Florida law, email addresses are public records If you do not want your email address released in response to a public records request, do not send electronic mail to this entity Instead, contact this office by phone or in writing. Florida Statute 668.6076

-----Original Message-----From: [email protected] [mailto:ci.tycl.erkcopy0lbell.eglade-fl.com) Sent: Thursday, February 14, 2013 3:07PM ro: Debra R Buff Subject:

This E-mail was sent from "cityclerkcopy" (Aficio MP C3500)

Scan Date: 02 14 2013 15:07:16 (-0500) Queries to: cityclerkcopy@belleglade .. fl. com CITY OF BELLE GLADE E-MAIL DISCLAIMER: PLEASE NOTE: Florida has a very broad public records law Most written communications to or from local officials regarding city business are public records available to the public and media upon request Your email communications may therefore be subject to public disclosure (See attached file G3pdj)(See attached file G4 pdj)(See attached file· TR PDF) CITY OF BELLE GLADE E-MAIL DISCLAIMER: PLEASE NOTE: Florida has a very broad public records law.. Most written communications to or fiom local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure

(

To: "Debra R Buff" <[email protected]>, Cc: Bee: Subject Re: FW: Grear- FEC 12-145 and 12-265

Thank you so much. You are the bomb. Hiroshima!!!

"Debra R Buff' Here ya go my little pest! :-) Just kidding But, h 03/21/2013 01:34:06 PM

From: "Debra R. Buff' <[email protected]> To: "[email protected]" <cedric oliver@myfloridalegal com> Date: 03/21/2013 01:34PM Subject: FW: Grear - FEC 12-145 and 12-265 --~----- -----------· Here ya go my little pest! :-) Just kidding. But, hopefully this will get this file off your desk and keep you out of my hair!! LOL :-)

Hoping you have a good one, and feel free to give me call if you should need anything else.

Thanks Deb

Debra R Buff, MMC, City Clerk City of Belle Glade 110 Dr Martin Luther King, Jr. Blvd , West Belle Glade, FL 33430

··· - .. ·-·-pJrorre·:··-5·6"1.·"·9 96·-·0·10 O· · · · · · · ····· · · ·· ... ···· ·· ... .... . .. ... ...... . ... ···-··· ................ _ .................... _ .... _. .. .. Fax: 561-993-1814 www .. bellegladegov com

PLEASE NOTE: Under Florida law, email addresses are public records If you do not want your email address released in response to a public records request, do not send electronic mail to this entity.. Instead, contact this office by phone or in writing Florida Statute 668.6076

-----Original Message----From: Debra R. Buff Sent: Wednesday, March 20, 2013 3:20 PM To: 'cedric .. oliver®myfloridalegal com' Subject: RE: Grear - FEC 12-145 and 12-265

As requested, attached is William A. Grear's DS-DE 9 form designating himself as Deputy Tr·easurer

: -) Debbie

Debra R.Buff, MMC, City Clerk City of Belle Glade 110 Dr Martin Luther King, Jr Blvd , West Belle Glade, FL 33430 Phone: 561-996-0100 Fax: 561-993-1814 www .. bellegladegov com

PLEASE NOTE: Under Florida law, email addresses are public records If you do not want your email address released in response to a public r·ecords request, do not send electronic mail to this entity. Instead, contact this

' (

office by phone or in writing Florida Statute 668 6076

-----original Message----From: Debra R Buff Sent: Wednesday, February 20, 2013 10:16 AM To: •cedric.oliver®myfloridalegal com' Subject: RE: Grear - FEC 12-145 and 12-265

As requested, please find attached William A. Grear's campaign treasurer reports, types G3 and G4

Donrt hesitate to contact me if I can be of any further assistance

Thank you, Debbie

Debra R.Buff, MMC, City Clerk City of Belle Glade 110 Dr Martin Luther King, Jr Blvd , West Belle Glade, FL 33430 Phone: 561-996-0100 Fax: 561-993-1814 www bellegladegov .. com


-----original Message----From: Debra R. Buff Sent: Thursday, February 14, 2013 3:34 PM To: 'cedric .oliver®myfloridalegal com' Subject: RE: Grear - FEC 12-145 and 12-265

Please find attached the Candidate Handbook provided for the 2012 Election cycle

Debra R Buff, MMC, City Clerk City of Belle Glade 110 Dr Martin Luther King, Jr Blvd , West Belle Glade, FL 33430 Phone: 561-996-0100 Fax: 561-993-1814 www bellegladegov .. com

PLEASE NOTE: Under Florida law, email addresses are public records If you do not want your email address released in r·esponse to a public records request, do not send electronic mail to this entity.. Instead, contact this office by phone or in writing. Florida Statute 668.6076

-----Original Message----From: Debra R Buff Sent: Thursday, February 14, 2013 3:16PM To: 'cedric oliver®myfloridalegal.com' Subject: Grear - FEC 12-145 and 12-265

As requested, attached are the qualifying documents for William A Grear, Jr

Debra R Buff, MMC, City Clerk

City of Belle Glade 110 Dr Martin Luther King, Jr Blvd., West Belle Glade, FL 33430 Phone: 561-996-0100 Fax: 561-993-1814 www .. bellegladegov .. com

PLEASE NOTE: Under Florida law, email addresses are public records If you do not want your email address released in response to a public records request, do not send electronic mail to this entity.. Instead, contact this office by phone or in writing. Florida Statute 668 6076

-----Original Message-----From: cityclerkcopy®belleglade-fl.com [mailto:cityclerkcopy®belleglade-fl com 1 Sent: Thursday, February 14, 2013 3:07 PM To: Debra R Buff Subject:

This E-mail was sent from "cityclerkcopy" (Aficio MP C3500)

Scan Date: 02.14 2013 15:07:16 (-0500) Queries to: cityclerkcopy®belleglade-fl.com CITY OF BELLE GLADE E-MAIL DISCLAIMER: PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request Your e-mail communications may therefore be subject to public disclosure ..

G3 .pdf G4. pdf TR PDF

(

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


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

'·

D. Is delivery add~·different f~m Item 1? 1 .. Article Addressed to:

1JJ.J}J_rrrv. A ~ j~~ (>. ()J3o-X.- ')- b '(

If YES, enter delivery address ,below: D. No

., ~ ffia.dt- I Pl 33430

DExprossMail D Retum_Recelpt for Merchandise

2 .Article Numbe~ (Transfer from service/abe})

7004 2510 0001 4739 8238

PS Form 3811, February 2004 Domestic Return Receipt

lil.s. Postal Service,. CERTIFIED MAib. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided)

OFFICIAl ' \; Postage $

f---·----1 Certified Foo

r'l c:J c:::J Return Receipt Fee f--------1 0 (Endorsement Required)

f-------1 CJ Restricted Delivery Fee ~ (Endorsement Required) f--------1 ru

USE

Postmark Here

Total Postage & Foos $ ~ ng~,,~m~no~~~-~==::::::::::~---------------, c:J [""- "Sfiiei,'l.;it:"ffo:;· .. --- .. ---·---··-····-------------.. -- .. ···-·-····-------.. --.. ···------...... .

or PO Box No. Ci~"StO.i9,""iiP+4""""""""""""··---------·······--------············-~~-------········

PS Form 3800, June 2002: · Sec RJ!vP.rc::~ for Jno:;lru~trorls

102595-02-M-1540

/ I

FLORIDA ELECTIONS COMMISSION 107 W .. Gaines Street,

Suite 224 Collins Building Tallahassee, Florida 32399-1050

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

December 14, 2012

CERTIFIED MAIL 70042510000147398238

William A.' Greru: Tr 661 SW 4th Street Belle Glade, FL 33430-3919

RE: Case No.: FEC 12-265

Deru: Mr. Greru: :

lri a letteruarea-septemb-er-20-;2012;-tJ:re··p]orrdaE!'ections-Commission·sent-you-a-complainhrr·-------the above referenced matter. I have reviewed the complaint and find that it contains one or more legally sufficient allegations Along with all allegations in the complaint, the Commission staff will investigate the following alleged violations:

Section 106 .. 07(2)(b)l., Florida Statutes: William A Greru:, Jr, candidate for election to the Belle Glade City Commission, failed to file an addendum report to his 2012 Termination Report, as alleged in the complaint.

Section 106.19(1)(c), Florida Statutes: William A Greru:, Tr, candidate for election to the Belle Glade City Commission, falsely reported or deliberately failed to include information on his 2010 G4 Campaign Treasurer's Report, required by Chapter I 06, Florida Statutes, as alleged in the complaint

You may respond to the allegations above by filing a notru:ized statement providing any information regru:ding the facts and circumstances surrounding the allegations If you choose to file a response to the alleged violation, you should do so within 20 days of the date you receive 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 of the Report of Investigation. You may file a response to the repo>! 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

ComO!! (10/07)

(

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 Chapter 104 or 106, Florida Statutes.. You and the complainant will receive a 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 .. The Commission also may allow the complainant to make a brief oral statement

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 assigned 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 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 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:,--ifyouJetain. 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 Cedric Oliver, the investigator assigned to this case, at extension 11 0 ..

cc: Debra R Buff, Complainant

ComOll (8108)

Wayne L. Rubinas Executive Director

~

1.

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

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

• Attach this\card to the back of the mai\piece, or on the fro.nt if space permits.

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by (Printed Name)

D . Is delivery 'address C!lfferent from item 1 . Article Addressed to:

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ps·Form·38.t1 , February2004 DOmestlo-Return-Recelp.t----------1tQ?595-02·M-~ __

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U.S. Postal Servicer" · CERTIFIED MAIL" RECEIPT . (Domestic Mail Only; No Insurance Coverage Provided)

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~Form SOSOO.,June 2002 '' ' , See Reverse for lnstruetlons

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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

September 20, 2012

CERTIFIED MAIL 70042510000147400740

William A. Grear, Jr 661 SW 4th Street Belle Glade, FL 33430

Dear Mr.. Gtear:

On September 20, 2012, 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 1 o ensure that I receive your response in a timely manner, you may also want to send it via e-mail to my attention, at fecCmmvflor.idalegal.com 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.. Therefore, if your address changes, you must notify us ofyour new address

Under section 106 25, Florida Statutes, complaints, Commission investigations, investigative reports, and other docmnents relating to an alleged violation of Chapters 104 and 106, Flmida Statutes, are confidential until the Commission finds probable cause or no probable cause I he 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, yom 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.

Enclosme: Complaint w/attachments

. (\ Sinkrely,

,JlOJ¥) vt-~4 ~~ t~p--• Donna Ann Malphrus Agency Clerk

C/f~:t:/ PCJOlJ -:;Jhs-,


107 West Gaines Street, Suite 224, Tallahassee, Florida 32399-1050 I elephone Number: (850) 922-4539

www. fec.state.fl. us CONFIDENTIAL COMPLAINT FORM

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ZulZ SEP 2 0 A q: J'l ~i'r\Tr:" ('t: C'l norr"~ ~\

The Commission's l'ecords and proceedings in a case are confidential until the Commissio~ lr-b..le~Oll 'p~·~S~J~ :· '.: ;\ i C · { cause .. A copy of the complaint will be provided to the person against whom the complaint is brought..

1. PERSON BRINGING COMPLAINT:

Name: Debra R Buff, Supervisor of Election for the City of Belle Glade

Address: 110 Dr .. Martin Luther King, Jr.. Blvd .. , West

Work Phone:~ 992-1609

Home Phone: ( 863) 983-4889

Zip Code: 33430 City: Belle Glade County: Palm Beach State: _F_L __

2 .. PERSON AGAINST WHOM COMPLAINT IS BROUGHT:

A person can be an individual, political committee, committee of continuous existence, political party, electioneering communication organization, club, corporation, partnership, company, association, or any other type of organization. If both an individual and a committee or organization ar·e involved, name both

Name of individual: William A Grear, Jr ..

Address: 661 SW 4th Street Phone: ~ 755-2139 ,-~ - 33430 .................. .

Zrp Code: _____ _

If individual is a candidate, list the office or position sought: Belle Glade City Commission -Seat C

Name of committee or organization: ---------------------

Address:-------------------- Phone: L__) ____ _

City:------- County: ____ _ State: __ _ Zip Code: _____ _

Have you filed this complaint with the State Attorney's Office? (check one) D Yes ij) No

3. ALLEGED VIOLATION(S):

Please list the provisions of The Florida Election Code that you believe the person named above may have violated The Commission has jurisdiction only to investigation the following provisions: Chapter 104, Chapter 106, Section 98.122, and Section 105.071, Florida Statutes Also, please include:

v' The facts and actions that you believe support the violations you allege, v' The names and telephone numbers of persons you believe may be witnesses to the facts, v' A copy or picture of the political advertisements you mention in your statement, v' A copy of the documents you mention in your statement, and v' Other evidence that supports your allegations.

Candidate Grear has failed to file an addendum to his termination report and has failed to

provide information required by Chapter 106, F S , see attached letter to Mr .. Grear

dated September 5, 2012 .. Also, enclosed is a letter from Mr .. Grear, dated September

4, 2012, relating to his termination report ..

foEC 002 (Rev 4-24-05)

(

Additional materials attached (check one)? ijJY es 0No

4. OATH

STATE OF FLORIDA COUNTY OF _;_P.::::alc.cm..:Bc.c••::.:c;.:.h -------

I swear or affirm, that the above informatiOJH!'-U'Ine and correct to the best of my knowledge.

d Sworn to and subscribed before me this /7 - day of

....... ~~~~·~:::~.... DIANNE D. CARTER l~m• <to" Notary Public - State of Florida 1· • , ·~My Comm. Expires Jun 14,2014 ~~~ r~:-t:1/ Commission # OD 987285

";,It OF f\.g\"" '''"'"'\ Bonded Through National Notary Assn.

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Personally known .,. Or Produced Identification __ _

Type of Identification Produced. _ _.A._)4-/_,ACL__ ____ _ I

Any person who files a complaint while knowing that the allegations are false or without merit commits a misdemeanor of the first degree, punishable as provided in Sections 775 .. 082 and 775 .. 083, Florida Statutes

FEC 002 (Rev 4-24·05) 000002


Tel: 561-996-0100 Fax: 561-993-1814

www bellegladegov .. com

Commissioners

Steve B. Wilson Mayor


Michael C Martin

(' '


September 5, 2012

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED No .. 7011 2970 0003 0549 3896

William A. Grear, Jr .. 661 SW 4th Street Be11e Glade, FL 33430

RE: Campaign Treasmer' s Report Reporting Period: March 9, 2012 thru June II, 2012 Report Type: TR

Dear Mr.. Grear:

This notice serves to advise you of two matters regarding yom above referenced Campaign Treasurer's Report. First its incompleteness and second its lateness and associated assessed fine ..

~ ~Treasurer -~~ ~ ....... ~ -~ ~--~-YoUi~CampafgnTieasurer's~Repo!Cwliicn was~aue in-my-office~on -oroefot·(rJune~-- -

Johnny Burroughs, Jr ..

Larry Underwood


11, 2012, was received on September 4, 2012, copy enclosed.. In the absence of yom Campaign Treasmer, you, as the Deputy Treasurer (and Candidate), are hereby noticed that said report is deemed to be incomplete and has been accepted on a conditional basis, in accordance to Florida Statutes 1 06 .. 07(2)(b )(1 ).. Fmthermore, within 7 days after receipt of this notice you must file an addendum to the report providing all information necessary to complete the report in compliance with this section. Fail me to file a complete report after such notice constitutes a violation of Florida Statutes Chapter 106, copy enclosed.

As governed by Florida Statutes 106.07, be advised yom report has been deemed incomplete by evidence of your two (2) campaign account bank statements (copies enclosed) submitted to me on August 15, 2012, along with the items listed below (where applicable):

A) As governed by Florida Statutes I 06 07, your report did not contain information of all previously umepmted contributions received and expenditmes made as of the preceding reporting period

B) As governed by Florida Statutes 106..07(4)(a), yomreport did not contain:

"L The full name, address, and occupation, if any of each person who has made one or more contributions to or for such committee or candidate within the reporting period, together with the amount and date of such contributions For corporations, the report must provide as clear a description as practicable of the

110 Dr. Martin Luther King, Jr.. Blvd, West, Belle Glade, FL 33430

000004

September 5, 2012 William A. Grear, Jr. Page 1 of4

/

\

principal type of business conducted by the corporation. However, if the contribution is $100 or less or is from a relative, as defined in s .. 112.312, provided that the relationship is reported, the occupation of the contributor or the principal type of business need not be listed 2 The name and address of each political committee fiom which the reporting committee or the candidate received, or to which the reporting committee or candidate made, any transfer of funds, together with the amounts and dates of all transfers. 3 . Each loan for campaign purposes to or from any person or political committee within the reporting period, together with the full names, addresses, and occupations, and principal places of business, if any, of the lender and endorsers, if any, and the date and amount of such loans .. 4 A statement of each contribution, rebate, refund, or other receipt not otherwise listed under subparagraphs L through 3 .. 5 The total sums of all loans, in-kind contributions, and other receipts by or for such committee or candidate during the reporting period .. The reporting forms shall be designed to elicit separate totals for in-kind contributions, loans, and other receipts 6 The full name and address of each person to whom expenditures have been made by or on behalf of the committee or candidate within the reporting period; the amount, date, and purpose of each such expenditure; and the name and address of, and office sought by, each candidate on whose behalf such expenditme was made .. However, expenditures made fiom the petty cash fund provided by s 1 06.12 need not be reported individually 7.. The full name and address of each person to whom an expenditure for personal services, salary, or reimbursement for authorized expenses as provided ins. 106.021(3) has been made and which is not

- --------otherwise-:reported;-including-the-amount,-date,-and pmposeof-suchexpenditme.-However, expenditures-made from the petty cash fund provided for in s. 106.12 need not be reported individually .. Receipts for reimbursement for authorized expenditures shall be retained by the treasurer along with the records for the campaign account 8.. The total amount withdrawn and the total amount spent for petty cash purposes pursuant to this chapter during the reporting period 9.. The total sum of expenditures made by such committee or candidate during the reporting period I 0.. The amount and natme of debts and obligations owed by or to the committee or candidate, which relate to the conduct of any political campaign. 11.. I ransaction infmmation for each credit card pmchase .. Receipts for each credit card pmchase shall be retained by the treasurer with the records for the campaign account 12 The amount and nature of any separate interest-bearing accounts or certificates of deposit and identification of the financial institution in which such accounts or certificates of deposit are located 13. The primary purposes of an expenditure made indirectly through a campaign treasurer pursuant to s 106.021(3) for goods and services such as communications media placement or procmement services, campaign signs, insmance, and other expenditures that include multiple components as part of the expenditure .. The primary purpose of an expenditure shall be that purpose, including integral and directly related components, that comprises 80 percent of such expenditure .. "

Please be mindful, Florida Statutes 106 .. 07(5) governs "The candidate and his or her campaign treasurer shall certify as to the correctl!ess of each report; and each person so certifying shall bear the responsibility for the accuracy and veracity of each report. Any campaign treasmer, candidate, or political committee chair who willfully certifies the couectness of any report while knowing that such report is inconect, false, or incomplete commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.." Copies of s 775 .. 082 and s. 775.083, Florida Statutes, are enclosed for your review

OiJ0005

September 5, 2012 William A Greru, Jr Page2 of4

(

To assist you in prepruing an addendum enclosed you will find Campaign Treasmer's Repmting forms DS-DE 12 (Summruy), DS-DE 13 (Itemized Contributions), and DS-DE 14 (Itemized Expenditures). Should you need additional fmms, please let me know and I will be glad to provide them or you can download the forms from the State Division ofElections' website at http://election.dos.state.fl.us/index.shtrnL

Furthermore, you have failed to timely file this same Campaign Treasurer's Report that was due in my office by June 11, 2012, by 5:00p.m. As such, your report is determined late and a fine will be assessed upon filing of yom addendum ..

Section 106. 07(8)(b ), Florida Statutes, requires that "Upon determining that a report is late, the filing officer shall immediately notify the candidate .. . .. as to the failme to file a report by the designated due date and that a fine is being assessed for each late day. The fine shall be $50 per day for the first 3 days late and, thereafter, $500 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report.... "

Once yom addendum to your campaign treasmer's report is filed, this office will notify you of the specific amount of yom fine.. As governed by Florida Statutes, Chapter 106, fines shall be paid within 20 days of receipt of the payment due notice, and must be paid fwm your personal funds- not from your campaign funds

Please be advised, failure to file a campaign treasmer 's report or fail me to pay the fine imposed constitutes a violation of Chapter 106, Florida Statutes, which is independent of the automatic fine violation referenced above ..

· ····Therefore;-ifyou ·fail to file· areport;+haveno other recomse but ·to tmn the-matter cover-to-the--Florida Elections- .. Commission.

Section 1 06.265(1 ), Florida Statutes, copy enclosed, authorizes the Florida Elections Commission, upon finding a willful violation of Chapter 1 06, Florida Statutes, to impose a civil penalty up to $1 ,000 per count for each willful violation.

Should you wish to file an appeal to the Florida Elections Commission, you must submit a notice of appeal to the Commission, in writing within 20 days of the date of receipt of this notice. The Flmida Elections Commission's address is 107 West Gaines Street, Collins Building, Suite 224, Tallahassee, Florida 32399-1050 [phone (850)922-4539].. Please refer to Section 106.07, Florida Statutes, which governs the filing of candidate and political committee reports and Rules 2B- LOOS, L0052 and LOOSS, Florida Administrative Code, (copies enclosed) governing Appeal of fines imposed by filing officer; Fine imposed I I imely filed reports; and Late·· filed reports I Unusual circumstances.. Additionally, you will need to send a copy of your notice of appeal to the City of Belle Glade, addressed to the attention of City Clerk/Supervisor of Elections, at 110 Dr .. Martin Luther King, Jr. Blvd, West, Belle Glade, FL 33430 ..

If you have any questions, please do not hesitate to contact me at (561) 992-1609

Debra R Buff; JVtl\11<\d"

City Clerk/Supervisor of Elections

000006

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Certified Fee fT1 CJ Retum Receipt Fee CJ (Endorsement Required) CJ

Restricted Delivery Fee

CJ (Endorsement Required)

I"'-[I" Total Postage & Fees I1J

•-'~ ,.., CJ I"'-

• Complete items t, 2, and 3. Also complete item 4 if Restricted Delivery Is desired.


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

Article Addressed to:


If YES, enter delivery address below: D No

D Express Mall EJ Return Receipt for Merchandise

7011 2970 0003 0549 3896

Domestic Return Re~Jpt 1 02595 .. Q2·M .. 154,0

000003

September 5, 2012 William A. Grear, Jr . Page 3 of4

Enclosures (13):

(

!.. Campaign Treasurer's Report- Report Type TR 2 .. 2012 Florida Statutes, Section 106 1. Campaign Account Bank Statement for William A. Grear, Jr .. Dated 02/29/2012 4. Campaign Account Bank Statement for William A Grear, Jr .. Dated 03/3112012 5.. 2012 Florida Statutes, Section 775.082 6.. 2012 Florida Statutes, Section 775 083 7. Form DS-DE 12 (Summary) 8.. Form DS-DE 1.3 (Itemized Contributions) 9.. Form DS-DE 14 (Itemized Expenditures) 10. Florida Statutes, Section 106..265 11 .. Florida Administrative Code, Rule 2B-1 .. 005 12 .. Florida Administrative Code, Rule 2B-1 .0052 13. Florida Administrative Code, Rule 2B-.. 0055

. " 000007

( ( FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS


11 > --4'\ A'-'L/,.L· !..:-11 :._I' c;;.-'-VVI __ ""'6-:.....:.re-=-c-r-----"'<-(J_~ __ Name

b to l '· w/ t.t tJ... &heeA (2) _::.....;:_-'--____::c.)....:._ ______ --=----'-------Address (number a{ld street)

'fu.;\\e- G-ta.e~~, '1~ 3~45U City, State, Zip Code '

0 CHECK IF ADDRESS HAS CHANGED

OFFICE USE ONLY

(3) ID Number: _______ _


[!}eandidate (office sought): ___,&,""""'\'""\R _ _,G"-l'-:::~=-'---G=· _,_J.L_,_ __ LO=-'W'\>'\'\'-'---'_;o;.':lli-=-<l-1_/<.i_-=lSiJ;,=-' '-'J-_· --'G'---0 Political Committee 0 CHECK IF PCf HAS DISBANDED



0 Electioneering Communication 0 CHECK IF NO OTHER ELECTIONEERING COMMUNICATION REPORTS WILL BE FILED


Cover Period: From _3_.1 ~I \L To~ l __ l_l I~ ReportType 1l'Z G-oJiginal 0 Amendment 0 Special Election Report 0 Independent Expenditure Report

::oh :0:-:~TJO:S THIS REPORT 7 _ ~:r-:NDI:RES "'~SREPr ....... . Loans $ , / Transfers to Office ¥

I , W' AToctcao

1

unt/-$)t"".c.. +-'-,--------Tota Monetary ~ • --

~r Monetary $

In-Kind $ ________ _

(9) TOTAL Monetary Contributions To Date

$

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

(y Other Dist~butions

(10) TOTAL Monetary Expenditures To Date $ ________ _

(11) CERTIFICATION

It is a first degree misdemeanor for any person to falsify a public record (ss. 839.13, F.S.)

I certify that I have examined this report and it is true, I certify that I have examined this report and it is true, correct, and complete. correct, and complete ..

(Type name) \;,_/,)\I (A(<"\ C-re« JtL (Type name) \A.l/ k"-M G-ref./ Jl'\. 0Individual (only for Drreasurer E:ft5eputy Treasurer [Btandidate D Chairperson (only for PC, PTY &

r.:I!.:;c A,1 ~-~!i- -:r;·~-·--DS·DE 12 (Rev .. 08/04)

000008

" INSTRUCTid , FOR CAMPAIGN 'TREASURER'S RE~ {T SUMMARY (1) Type full name of candidate, political committee, committee of continuous existence, party executive

committee, or individual or organization filing an electioneering communication report

(2) Type the address (include city, state, and zip code) .. You may use a post office box If the address has changed since the last report filed, check the appropriate box



If PC or CCE has disbanded and will no longer file reports, check appropriate box. If individual or organization will no longer file electioneering communication reports, check appropriate box

(5) Type the cover period dates (e g , From 07/01/03 To 09/30/03) Enter the report type using one of the following abbreviations (see Calendar of Election and Reporting Oates). If report is for a S(lecial election, add "S" in front of the report code (e.g , SG3)

Quarterly Reports General Election Reports January Quarterly Q4 46~ Day Prior G1 April Quarterly Q1 32" Day Prior G2 July Quarterly 02 18~ Day Prior . . . . . . . G3 October Quarterly ........................................................... Q3 41

" Day Prior ................................................................... G4

32'' Day Prior Primary Reports

F1 90-Day Termination Reports {Candidates Only) 18~ Day Prior . . . F2 Termination Report TR 4~ Dav Prior .................................................................... F3

Check one of the appropriate boxes: ·-~~ ·-·---··orrginal·(firstreportfiled·for this reporting-period) " ------- - ~- . . - -~- -------"------- -------··--· --·-·---·- ---·---

Amendment (an amendment to a previously filed report) Special Election Report Independent Expenditure Report (see Section 106.071, F.S.)




(9) Type the amount of TOTAL monetary contributions to date (parties keep cumulative totals for 2 year periods at a time (e g, 01101/02- 12/31103). Candidates keep cumulative totals from the time the campaign depository is opened through the termination report).

(10) Type the amount of TOTAL monetary expenditures to date (parties keep cumulative totals for 2 year periods at a time (e.g, 01/01/02 -12131/03). Candidates keep cumulative totals from the time the campaign depository is opened through the termination report)

(11) Type or print the required officer's name and have them sign the report: Candidate report (treasurer & candidate must sign) PC report (treasurer & chairperson must sign) CCE report (treasurer must sign) PTY report (treasurer & chairperson must sign) Electioneerin!l Communication report (individual or orQanization's treasurer & chairperson must siQn)

AMENDMENT REPORTS: An amendment report summary should summar·ize only contributions, expenditures, distributions, & fund transfers being reported as additions or deletions .. Read the instructions for the sequence number· & amendment type fields on the back of forms OS-DE 13, 14, 14A and 94 .. The Division will summarize all reports submitted for each reporting period and for the filer· to date.

uuuuu~

~ /-

CAMPAIGN1- _ ,EASURER'S REPORT -ITEMIZEd- JNTRIBUTIONS

(1) Name (2) LD .. Number _____ _

(3) Cover Period I I through I I (4) Page of

(5) (7) (8) (9) (10) (11) (12)


Sequence Street Address & Contributor Contribution In-kind Number City, State Zip Code Type Occupation Typ~ Description Amendment Amount

I I

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-· '--·---·-·~- -- ~- ---- --·--·-·--·----------·- . - ··-···--·-·- -----· - ........... - ... --·-·- - -- -·-· ---- --------···-·--·----- --·- . ···-·. --·--·---·· --------··------ ' .

I I

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DS-DE 13 (Rev .. 08103) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

000010

( ( '·

INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT·- ITEMIZED CONTRIBUTIONS



(3) Type cover period dates (e.g, 7/1/03 through 9/30/03) (See Calendar and Election Dates for appropriate year and cover periods )

(4) Type page numbers (e g , _1_ of 2..) (5) Type date contribution was RECEIVED (Month/Day/Year)

(6) Sequence Number- Each detail line shall have a sequence number assigned to it Sequence numbers are to be assigned within each reporting period and for each type of detail line. Thus the report type, detail line type, and sequence number will combine to uniquely identify a specific contribution, expenditure, distribution or fund transfer. This method of unique identification is required for responding to requests from the Division and for reporting amendments

For example, a Q1 report having 75 contributions would use sequence numbers 1 through 75.. The next report (Q2), comprised of 40 contributions would use sequence numbers 1 through 40 Contributions on amended Q1 reports would begin with sequence number 76 and on amended Q2 reports would begin with sequence number 41 .. Seethe Amendment Type instructions below.

(7) Type full name and address of contributor (including city, state and zip code)


Individual = I

Business = B (also includes corporations, organizations, groups, etc .. )

Committees = C (includes PC's, CCE's and federal committees)

Political Parties = P (includes federal, state ad county executive committees)

Other = 0 (e .. g .. , candidate surplus funds to party, etc .. )

Type occupation of contributor for contributions over $100 only. {If a business, please indicate nature of ............ --~-~ .. busin·ess~)------- .... ~ .................. - .......... - -- .. - ..... ----.. -~ .. --................. ~ ..

-·-·--~-- ~---··


NOTE: Cash includes cash and cashier's checks .. Cash CAS Check CHE In-kind INK Interest INT Loan LOA Membership dues DUE Refund REF

(10) Type the description of any in-kind contribution received

Candidate's Only - If in-kind contribution is from a party executive committee and is allocable toward the contribution limits, type an "A" in this box .. If contribution is not allocable, type an "N" ..

(11) Amendment Type (required on amended reports)- To add a new (previously unreported) contribution for the reporting period being amended, enter "ADD" in amendment type on a line with ALL of the required data

The sequence number for contributions with amendment type "ADD" will start at one plus the number of contributions in the original report. For example, amending an original Q1 report that had 75 contributions, means the sequence number of the first contribution having amendment type "ADD" will be 76; the second "ADD" contribution would be 77, etc When amending an original Q2 report that had 40 contributions, the sixth "ADD" contribution would have sequence number 46 To correct a previously submitted contribution use the following drop/add procedure Enter "DEL" in amendment type on a line with the sequence number of the contribution to be corrected. In combination with the report number being amended, this sequence number will identify the contribution to be dropped from your active records On the next line enter "ADD" in amendment type and ALL of the required data with the necessary corrections thus replacing the dropped data. Assign the sequence number as described above

(12) Type amount of contribution received Committees of continuous existence ONLY: Any contribution which represents the payment of dues by a member in a fixed amount pursuant to the schedule on file with the Division of Elections need only list the aggregate amount of such contribution, together with the number of members paying such dues and the amount of membership dues.

000011

CAMPAIGN TREASURER'S REPORT -ITEMIZED EXPENDITURES (1) Name _________________ _ (2) LD .. Number ______ _

(3) Cover Period __ / __ / __ through __ ! __ ! __ (4) Page ____ of ___ _

(5) (7) (8) (9) (10) (11)


(6) (Last, Suffix, First, Middle) (add office sought if Expenditure

Sequence Street Address & contr'ibution to a

Number City, State, Zip Code candidate) Type Amendment Amount

;_ I

L I

I I

~ ---· -·- -- . . -

I I

I /

I I

I I

I I

DS-DE 14 (Rev,, 08/03) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

000012

(

INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT -ITEMIZED EXPENDITURES



(3) Type cover period dates (07/01/03 through 09/30/03) (See Calendar and Election Dates for appropriate cover periods)

(4) Type page numbers (e g., 1 of~)


(6) Sequence Number·- Each detail line shall have a sequence number assigned to it Sequence numbers are to be assigned within each reporting period and for each type of detail line. Thus the report type, detail line type, and sequence number will combine to uniquely identify a specific contribution, expenditure, distribution or fund transfer. This method of unique identification is required for responding to requests from the Division and for reporting requirements

For example, a Q1 report having 40 expenditures would use sequence numbers 1 through 40. The next report (Q2), comprised of 30 expenditures would use sequence numbers 1 through 30. Expenditures on amended Q1 reports would begin with sequence number 41 and on amended Q2 reports would begin with sequence number 31.. See Amendment Type instructions below.

(7) Type full name and address of entity receiving payment (including city, state and zip code)

(8) Type purpose of expenditure (if expenditure is a contribution to a candidate, also type the office sought by the -··----candidate),--PbEASE-NOTEc-This-column-does-not--apply-to-candidate-expenditures,_.as_candidates._cannoL ______ _

contribute to other candidates from campaign funds However, PCs (supporting candidates), CCEs and party executive committees contributing to candidates must report office sought (Section 106.07, F.S.).


DESCRIPTION CODE ---·--·------------·····-.. --

Disposition of Funds (Candidate) DIS Monetary MON Petty Cash Withdrawn ! PCW Petty Cash Spent PCS Transfer to Office Account TOA Refund REF

(10) Amendment Type (required on amended reports) - To add a new (previously unreported) expenditure for the reporting period being amended, enter "ADD" in amendment type on a line with ALL of the required data

The sequence number for expenditures with amendment type "ADD" will start at one plus the number of expenditures in the original report. For example, amending an original Q1 reports that had 75 expenditures, means the sequence number of the first expenditure having amendment type "ADD" will be 76; the second "ADD" expenditure would have sequence number 39

To correct a previously submitted expenditure use the following drop/add procedure.. Enter "DEL" in amendment type on a line with the sequence number of the expenditure to be corrected. In combination with the report number being amended, this sequence number will identify the expenditure to be dropped from your active records. On the next line enter "ADD" in amendment type and ALL of the required data with the necessary corrections thus replacing the dropped data Assign the sequence number as described above.


000013

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CAMPAIGN ACCOUNT FOR WILLAIM A, GREAR JR 661 SW 4TH STREET POBOX262 BELLE GLADE, FL 33430


1of3

02/29/12

I

Enclosures

$$Effective February 26, 2010 all checks will be processed through the Federal Reserve in Cleveland

Regular Checking


Balance Forward From 02/13/2012 00 Images Enclosed

I

4 Deposits/Credits.... 435.00 + Minimum Balance . 7

-38.60 .. --------140 ]A.

123 09 · ··--·- s·witnarawals/Debits·::-:- .. ~~;;;:·.-.~-.~-:-~ .. -------~-·338·60---Average·Balance-. -.. -.---

Ending Balance As Of 02/29/2012 96 40 Average Available Balance

DEPOSITS DATE AMOUNT DESCRIPTION DATE AMOUNT DESCRIPTION 02/13/2012 200 00 Regular Deposit Nsf Charge Refund 02/21/2012 100 00 Regular Deposit 02/28/2012 100 00 Regular Deposit 02/28/2012 35.00 Force Pay Credit

CHECKS DATE CHECK NO AMOUNT DATE CHECK NO AMOUNT 02/24/2012 100 00 02/21/2012 9999. 143 60 02/27/2012 50 00 02/27/2012 9999. 10 00

*-denotes missing check number in sequence

FEES CHARGED DATE AMOUNT DESCRIPTION 02/27/2012 35 00 NSF Check Charge

Item: $10 00 Check: 9999


DAILY BALANCE INFORMATION DATE BALANCE DATE BALANCE DATE BALANCE 02/13/2012 0 00 02/21/2012 15640 02/27/2012 -38 60 02/13/2012 200 00 02/24/2012 56.40 02/28/2012 9640

000044

7

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CAMPAIGN ACCOUNT FOR WILLAIM A, GREAR JR 661 SW 4TH STREET POBOX262 BELLE GLADE, FL 33430

I ',

Page Number Account Number': Date

Enclosures

2of3

02/29/12

7


Refunded Fees For Total Overdraft Total Returned Item Total overdraft J Total Returned em

R~rtiog_ Period Fees Fees Fees Fees !TOTAL THIS CYCLE 35.00 35.oo I I I TOTAL YEAR TO DATE 35.00 35.00 I I

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CAMPAIGN ACCOUNT FOR WILLAIM A. GREAR JR 661 SW 4TH STREET POBOX262

Page Number Account Number:

BELLE GLADE, FL 33430 Date

Enclosures

$$Effective February 26, 2010 all checks will be processed through the Fede ral Resetve in Cleveland

I Regular Checking


Balance Forward From 03/01/2012 96 40 Images Enclosed 5 Deposits/Credits .. . 1,100 00 + Minimum Balance

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. . ·-----:193 8.1 .. -.... - .... 113 16

DEPOSITS DATE AMOUNT DESCRIPTION DATE AMOUNT DESCRIPTION 03/01/2012 250 00 Regular Deposit 03/08/2012 150 00 Regular Deposit 03/05/2012 100 00 Regular Deposit 03/12/2012 200 00 Regular Deposit 03/05/2012 400 00 Regular Deposit

CHECKS· DATE CHECK NO AMOUNT DATE CHECK NO AMOUNT 03/05/2012 100 00 03/13/2012 100 00 03/07/2012 350 00 03/19/2012 8000 03/09/2012 200 00 03/22/2012 18 40 03/12/2012 100 00 03/15/2012 12. 110 00 03/12/2012 100 00 03/05/2012 9999. 8 00 03/13/2012 30.00

•- denotes missing check number in sequence

·DAILY BALANCE INFORMATION DATE BALANCE DATE BALANCE DATE BALANCE 02/29/2012 96 40 03/08/2012 538.40 03/15/2012 98 40 03/01/2012 346 40 03/09/2012 33840 03/19/2012 18 40 03/05/2012 73840 03/12/2012 338 40 03/22/2012 0 00 03/07/2012 38840 03/13/2012 208 40

000047

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CAMPAIGN ACCOUNT FOR WILLAIM A. GREAR JR 661 SW 4TH STREET PO BOX262 BELLE GLADE, FL 33430

(


Enclosures

2of4

03/31/12

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Select Year: j2012EJ~

The 2012 Florida Statutes

Tit!eiX ELECTORS AND ELECTIONS

Chapter 106 CAMPAIGN FINANCING

Viet-N Entire ChaPter

CHAPTER 106 CAMPAIGN FINANCING

106.011 Definitions. 106.021 Campaign treasurers; deputies; primalV and secondary depositones. 106.022 Appointment ot a registered agent; duties.

106.023 Statement of candidate. 106.025 Campaign fund raisers. 106.03 Registration of political committees and electioneering communications orgamzations. 106.04 Committees ot continuous existence.

106.05 Deposit of contributions; statement of campaign treasurer. 106.055 Valuation of in-kind contributions.

106.06 Treasurer to keep records; inspections. 106.07 Reports; certification and filing. 106.0701 Solicitation of contributions on behalf of s. 527 or s. 501 (c)(4) organizations; reporting requirements; civil penalty; exemption.

106.0703 Electioneering communications organizations; reporting requirements; certification and filing; penalties. 106.0705 Electronic fiUng of campaign treasurers reports. 106.0706 Electronic filing of campaign finance reports; public records exemption. 106.071 Independent expenditures; electioneering communications; reports; discla1mers. 106.075 Elected officials; report of loans made in vear preceding election; limitation on contributions to pay loans. 106.08 Contributions; limitations on. 106.087 Independent expenditures; contribution limits; restrictions on political parties, political committees, and committees of continuous eXistence.

106.088 Independent expenditures; contribution limits; restrictions on affiliated partv committees. 106.09 Cash contributions and contribution bv cashier's checks.

106.11 Expenses of and expenditures by candidates and political committees. 106.113 Expenditures bv local governments.

106.12 Petty cash funds allowed. 106.125 Credit cards; conditions on use. 106.14 Utitltles; deposits; prior authorization. 106.1405 Use of campaign funds. 106.141 Disposition of surplus funds bv candidates.

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106.143 Political advertisements circulated prior to election; requirements. 106.1435 Usage and removal of political campa1gn advertisements. 106.1437 Miscellaneous advertisements. 106.1439 Electioneering communications; disclaimers. 106.147 Telephone solidtation; disclosure reqwements; prohibitions; exemptions; penalties. 106.1475 Telephone solicitation; registered agent requirements; penalty.

106.15 Certain acts prohibited. 106.16 Limitation on certain rates and charges. 106.161 Air time available at the lowest unit rate. 106.165 Use of dosed captionmg and descriptive narrative In att television broadcasts. 106.17 Polls and surveys relating to candidacies. 106.18 When a candidate·s name to be omitted from ballot. 106.19 Violatfons by candidates, persons connected with campaigns, and political commlttees. 106.191 Signatures gathered for initiative petition; effect Of ch. 97-13. 106.21 Certificates of election not to be issued upon conViction. 106.22 Duties of the Division of Elections. 106.23 Powers of the Division of Elections. 106.24 Fl.orida Elections Commission; membership; powers; duties. 106.25 Reports of alleged violations to Florida Elections CommiSSion; disposition of findings. 106.26 Powers of commission; rights and responsibUitles of parties; findings by commission. 106.265 Civil penalties. 106.27 Determinations by commission; legal disposition.

106.28 Limitation of actions. 106.29 Reports by political parties and affiliated party committees; restrictions on contributions and

expenditures; penalties. 106.295 leadership fund. 106.30 Short title. 106.31 legislative intent. 106.32 Election Campa1gn Finandng Trust Fund. 106.33 Election campaign financing; etigibilitv. 106.34 Expenditure limits.

106.35 Distribution of funds. 106.353 Candidates votuntarilv abiding by election campaign finandng limits but not requesting public funds; irrevocable statement required; penaltv. 106.355 Nonpartidpating candidate exceeding limits. 106.36 Penalties; fines.

106.011 Definitfons.-As used in this chapter, the fotloWing terms have the following meanings unless the context clearly indicates otherwise:

(1 )(a) "Political committee'" means: i. A combination of two or more individuals, or a person other than an individual, that, 1n an

aggregate amount in excess of $500 dunng a single calendar vear: a. Accepts contributions tor the purpose of making contributions to anv candidate, political

committee, committee ot continuous existence, affiliated partv committee, or political party;

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b. Accepts contributions tor the purpose of expresslv advocating the election or defeat ot a

candidate or the passage or defeat of an issue;

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c. Makes expenditures that expressly advocate the election or defeat ot a candidate or the passage

or defeat of an Issue; or d. Makes contributions to a common fund, other than a ioint checking account between spouses,

from which contributions are made to any candidate, political committee, committee ot continuous existence, affiliated party committee, or political party;

2. The sponsor of a proposed constitutional amendment bv initiative who intends to seek the

signatures of registered electors. (b) Notwithstanding paragraph (a), the folloWing entities are not considered political committees for

purposes of this chapter: i. Organizations which are certified by the Department of State as committees of continuous

existence pursuant to s. 106.04, national political parties, the state and countv executive committees of

political parties, and affiliated partv committees regulated bv chapter 103. 2. Corporations regulated by chapter 607 or chapter 617 or other bus1ness entities formed for

purposes other than to support or oppose issues or candidates, if the1r political activities are limited to contributions to candidates, political parties, affiliated party committees, or political committees or

expenditures in support of or opposition to an 1ssue from corporate or busmess funds and if no contributions are received bv such corporatiOns or busmess entities.

3. Electioneering communications organizations as defined in subsection (19). (2) "Committee of continuous existence" means any group, organization, association, or other such

entity which is certified pursuant to the provisions of s. 106.04. (3) "Contribution" means:

(a) A gift, subscription, convevance, deposit, loan, payment, or distribution of money or anvthing ot

value, Including contributions in kind haVing an attributable monetary value in anv form, made for the purpose of influencing the results of an election or making an electioneering communication.

(b) A transfer of funds between political committees, between committees of continuous existence,

between electioneering communications orgamzatlons, or between any combination of these groups. (c) The payment, by any person other than a candidate or political committee, of compensation for

0 the personal services Of another person which are rendered to a candidate or political committee

",without charge to the candidate or committee for such services. ~ (d) The transfer of funds by a campaign treasurer or deputv campaign treasurer between a primarv

C) ~epository and a separate interest-bearing account or certificate of deposit, and the term indudes anv

~interest earned on such account or certificate.

CJlNotwithstanding the foregoing meanings of "contribution," the tenu mav not be construed to include seiVices, including, but not limited to, legal and accounting services, provided without compensation bv individuals volunteering a portion or au of their time on behalf of a candidate or political committee or editorial endorsements.

(4)(a) "Expenditure" means a purchase, payment, distribution, loan, advance, transfer of funds by a campaign treasurer or deputv campaign treasurer between a primary deposltorv and a separate interest·

bearing account or certificate of deposit, or gift of monev or anvthing ot value made tor the purpose ot influencing the results of an election or making an electioneering commumcation. However, "expenditure" does not include a purchase, pavment, distribution, loan, advance, or gift of money or anything ot value made for the purpose of influencing the results of an election when made bv an

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organization, In existence ptior to the time during which a candidate qualifies or an issue is placed on the ballot for that election, for the purpose of printing or distributing such organization's newsletter,

containing a statement by such organization in support of or opposition to a candidate or issue, which nev.'Sletter IS distributed only to members of such organization.

(b) As used in this chapter, an "expenditure" for an electioneering communication is made when the earliest of the following occurs:

i. A person enters into a contract tor applicable goods or seiVices; 2. A person makes pavment, in whole or m part, tor the production or public dissemination of

applicable goods or services; or

3. The electloneeting communication is publicly disseminated. (5)(a) "Independent expenditure" means an expenditure bv a person for the purpose of expressly

advocating the election or defeat of a candidate or the approval or retection of an issue, which expenditure 1s not controlled by, coordinated with, or made upon consultation with, anv candidate, political committee, or agent of such candidate or committee. An expenditure tor such purpose by a person haVing a contract with the candidate, political committee, or agent of such candidate or committee in a given election period shalt not be deemed an Independent expenditure.

(b) An expenditure for the purpose of expressly advocating the election or defeat Of a candidate which IS made bv the national, state, or countv executive committee of a political party, Including anv

subordinate committee of the political party, an affiliated party committee, a political committee, a committee of continuous existence, or anv other person shall not be considered an Independent expenditure if the committee or person:

1. Communicates with the candidate, the candidate's campaign, or an agent of the candidate acting

on behalf of the candidate, including any pollster, media consultant, advertising agency, vendor, advisor, or staff member, concerning the preparation of, use of, or payment for, the specific expenditure or advertising campaign at issue; or

2. Makes a payment in cooperation, consultation, or concert with, at the request or suggestion of, or pursuant to any general or particular understanding with the candidate, the candidate·s campaign, a political committee supporting the candidate, or an agent of the candidate relatfng to the specific expenditure or advertising campaign at issue; or

3. Makes a pavment for the dissemination, distribution, or republication, In whole or in part, of any broadcast or anv written, graphic, or other form of campaign material prepared bv the candidate, the candidate's campaign, or an agent of the candidate, induding any pollster, media consultant, advertising agency, vendor, advisor, or staff member; or

4. Makes a payment based on information about the candidate's plans, pro.iects, or needs

communicated to a member of the committee or person by the candidate or an agent of the candidate, provided the committee or person uses the information In any way, in whole or in part, either direcUy or indirectly, to design, prepare, or pav for the specific expenditure or advertising campaign at Issue; or

5. After the last dav of the qua\ifving period prescribed for the candidate, consults about the

candidate's plans, projects, or needs in connection with the candidate·s pursuit ot election to office and the information IS used in anv way to plan, create, design, or prepare an independent expenditure or advertising campaign, with:

a. Any officer, director, employee, or agent of a national, state, or county executive committee ot a

political party or an affiliated partv committee that has made or Intends to make expenditures In connection with or contributions to the candidate; or

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b. Any person whose professional services have been retained by a national, state, or countv executive committee of a political partv or an affiliated party committee that has made or intends to

make expenditures In connection with or contributions to the candidate; or 6. After the last day of the qualifvlng pertod prescribed for the candidate, retains the professional

se!Yices of any person also providing those services to the candidate in cormection with the candidate·s

pursuit of election to office; or

7, Arranges, coordinates, or directs the expenditure, in anv way, with the candidate or an agent ot the candidate.

(6) "Election" means any prtmarv election, special primarv election, general election, special election, or municipal election held in this state tor the purpose of nominating or electing candidates to

public office, choosing delegates to the natfonal nominating conventions of political partfes, or

submitting an issue to the electors tor their approval or rejection. (7) "Issue" means any proposition which Is required bv the State Constitution, bv taw or resolution of

the Legislature, or by the charter, ordinance, or resolution of any political subdivision of this state to be

submitted to the electors tor their approval or rejection at an election, or any proposition for which a

petition 1s Circulated in order to have such proposition placed on the battot at anY election.

(8) "Person" means an individual or a corporation, assoCiation, firm, partnership, JOint venture, Joint stock company, dub, organization, estate, trust, business trust, svndicate, or other combination of

individuals having cotlective capacitv. The term mdudes a political partY, affiliated party committee,

political committee, or committee of continuous existence. (9) "Campaign treasurer" means an individual appointed by a candidate or political committee as

provided in this chapter. (10) "Public office" means any state, county, municipal, or school or other distrtct office or position

which is fitted by vote of the electors. (11) "Campaign fund raiser" means anv affair held to ra1se funds to be used in a campa1gn tor public

office. <::) (12) "Division" means the Division of Elections of the Department of State. O (13) "Communications media" means broadcasting stations, newspapers, magaZfnes, outdoor

0 advertising facilities, printers, direct mait, advertising agenCies, the Internet, and telephone companies;

<::) but with respect to telephones, an expenditure shalt be deemed to be an expenditure for the use ot

..... ~ commumcations media ontv if made tor the costs of telephones, paid telephonists, or automatic

OJ telephone equipment to be used bv a candidate or a political committee to communicate with potential voters but excluding any costs of telephones incurred by a volunteer tor use of telephones bv such

volunteer; however, with respect to the Internet, an expenditure shalt be deemed an expenditure tor

use of communications media only if made tor the cost of creating or dissemfnatlng a message on a

computer information system accessible by more than one person but excluding fnternal communications

of a campaign or of any group. (14) "Filing officer" means the person betore whom a candidate qualifies, the agencv or officer Wlth

whom a political committee or an electioneering communications orgamzation registers, or the agencv

by whom a committee ot continuous eXistence IS certified.

(15) "Unopposed candidate" means a candidate for nomination or electiOn to an office who, after

the last day on which any person, including a wrtte·m candidate, may qualify, is without opposition in

the election at which the office ls to be fitted or who is without such opposition after such date as a result of any primarv election or of withdrawal by other candidates seeking the same office. A candidate

is not an unopposed candidate if there is a vacancy to be filled under s. 100.111(3), if there is a legal

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proceeding pending regarding the right to a ballot position tor the office sought by the candidate, or if

the candidate is seeking retention as a justice or iudge. (16} .. Candidate" means any person to whom anv one or more of the follOWing apply:

(a) Arry person who seeks to qualify for nomination or election by means of the petitioning process. (b) Any person who seeks to qualify tor election as a write-in candidate.

(c) Any person who receives contributions or makes expenditures, or consents for anv other person

to receiVe contributions or make expenditures, with a View to bring about his or her nomination or election to, or retention in, public office.

(d) Any person who appoints a treasurer and designates a plimarv depository.

(e) Any person who fites qualification papers and subscribes to a candidate's oath as requ1red bv

law.

However, this definition does not include any candidate for a poUtlcal partv executive committee.

Expenditures related to potential candidate potts as provided fn s. 106.17 are not contributions or expenditures tor purposes of this subsection.

(17) "Political advertisement" means a paid express10n in any communications media prescribed in

subsection (13), whether radio, television, newspaper, magaZ1ne, periodical, campaign literature, direct

mail, or display or by means other than the spoken word in direct conversation, which expressly advocates the election or defeat of a candidate or the approval or refection of an issue. However,

political advertisement does not include:

(a) A statement bv an organization, m eXIstence prior to the time during which a candidate qualifies

or an issue is placed on the ballot for that election, ln support ot or opposition to a candidate or Issue, in that organization's newsletter, which newsletter is distributed onlv to the members of that organization.

(b) Editorial endorsements by any newspaper, radio or television station, or other recognized news

medium.

(18)(a) "Eiectioneenng communication"' means anv communication that is publiclv distributed by a television station, radio station, cable television svstem, satellite svstem, newspaper, magazine, direct mail, or telephone and that:

i. Reters to or depicts a clearlv identified candidate tor office without expressly advocating the election or defeat of a candidate but that is susceptible of no reasonable Interpretation other than an

appeal to vote tor or against a specific candidate; 2. Is made within 30 davs before a primarv or special primary election or 60 davs before any other

election for the office sought bv the candidate; and

3. Is targeted to the relevant electorate in the geographic area the candidate would represent if

elected.

(b) The term "electioneering communication" does not include:

i. A communication disseminated through a means of communication other than a television station, radio station, cable television system, satellite system, newspaper, magazine, direct mail, telephone, or

statement or depiction by an organization, in eXistence prior to the time during which a candidate

named or depicted qualifies tor that election, made In that organization's newsletter, which newsletter

is distributed only to members of that orgamzation. 2. A communication in a news story, commentary, or editorial distributed through the facilities of

any radio station, television station, cable television svstem, or satellite system, unless the facilities are

owned or controlled by any political party, political committee, or candidate. A news story distributed

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through the facitlties owned or controlled by any political party, political committee, or candidate mav

nevertheless be exempt if it represents a bona fide news account commumcated through a Licensed

broadcasting facilitv and the commumcatlon is part of a general pattern of campaign-related news

accounts that give reasonably equal coverage to all opposing candidates in the area.

3. A commumcauon that constitutes a public debate or forum that includes at least two opposing

candidates for an office or one advocate and one opponent of an issue, or that solely promotes such a

debate or forum and is made by or on behalf of the person sponsoring the debate or forum, provided that:

a. The staging organization is either:

{I) A charitable organization that does not make other electioneering communications and does not otherwise support or oppose any political candidate or political party; or

(II) A newspaper, radio station, television station, or other recognized news medium; and

b. The staging organization does not structure the debate to promote or advance one candidate or issue position over another.

(c) for purposes of this chapter, an expenditure made for, or in furtherance of, an electioneering

communication shall not be considered a contribution to or on behalf ot anv candidate.

(d) for purposes of this chapter, an electioneering commumcation sha!l not constitute an

independent expenditure nor be subject to the limitations applicable to independent expenditures. (19) "Electioneering communications organization" means any group, other than a political party,

affiliated party committee, political committee, or committee of continuous existence, whose election·

related activities are limited to making expenditures for electioneering communications or accepting

contributions for the purpose of making electioneering communications and whose activities would not

othef'Wise requue the group to register as a potitical party, potitical committee, or committee ot

continuous existence under this chapter. Htstory.-s.l, ch. 73·128; s. 1, ch. 74-200; s. i, ch. n-114; s. 39, ch. n-175; s. 2, ch. 79-157; ss. 6, 17, ch. 79·365; s. 1,

ch. 79·378; s. 22, ch. 81·304; s. 34, dl. 84·302; s. 4, dl. 85·226; s. 2, dl. 89·256; s. i, dl. 89·537; s. 24, ch. 90·315; s. 9, ch. 91·107; s. 636, ch. 95·147; s. 2, dl. 97-13; s. 7, ch. 99-355; s. i, ch. 2002·197; s. 2, ch. 2004-252; s. i, ch. 2006·300; s. 19, dl. 2010·167; ss. 4, 30, ch. 2011·6; s. 52, ch. 2011·40: HJR 7105, 2011 Regutarsesslon; s. 5, ch. 2012·5.

106.021 campaign treasurers; deputies; primary and secondary depositones.-

(1)(a) Each candidate for nomination or election to office and each political committee shalt appoint a campaign treasurer, Each person who seeks to qualify tor nommatlon or election to, or retention in,

office shall appoint a campaign treasurer and des1gnate a primary campa1gn depository prior to

quaUfvfng for office. My person who seeks to qualify tor election or nomination to anv office by means

of the petitioning process shalt appomt a treasurer and designate a primarv depository on or betore the date he or she obtains the petitions. Each candidate shalt at the same time he or she designates a

campaign depository and appoints a treasurer also designate the office for which he or she 1s a

candidate. If the candidate is running tor an office which will be grouped on the ballot with two or more

similar offices to be filled at the same election, the candidate must indicate tor which group or district

office he or she IS running. Nothing in this subsection shall prohibit a candidate, at a tater date, from changing the designation of the office for which he or she is a candidate. However, if a candidate

changes the designated office for which he or she is a candidate, the candidate must notifv aU

contributors in writing ot the intent to seek a different office and offer to return pro rata, upon their

request, those contributions given In support of the original office sought. This notification shall be given within 15 davs after the filing of the change of des1gnation and shaH indude a standard form

developed bv the Division of Elections for requesting the return of contributions. The notice

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requirement shatt not apply to any change in a numencat designation resulting solely tram redistrictlng.

If, within 30 davs after being notified bv the candidate of the intent to seek a different office, the

contributor notifies the candidate in writing that the contributor wishes his or her contribution to be

retumed, the candidate shalt return the contribution, on a pro rata basis, calculated as of the date the change of designation IS tued. Anv Contributions not requested to be returned within the 30·day period

mav be used bv the candidate tor the newlv designated office. No person shall accept anv contribution

or make anv expenditure with a view to bringing about his or her nomination, election, or retention in

public office, or authonze another to accept such contributfons or make such expenditure on the

person's behalf, unless such person has appointed a campaign treasurer and designated a primary campaign depositorv. A candidate tor an office voted upon statewide mav appoint not more than 15

deputy campaign treasurers, and anv other candidate or political committee mav appoint not more than

3 deputv campaign treasurers. The names and addresses of the campaign treasurer and deputy campaign

treasurers so appointed shall be filed with the officer before whom such candidate JS required to qualifv

or with whom such political committee is required to register pursuant to s. 106.03. (b) Except as provided in paragraph (d), each candidate and each political committee shall also

designate one primary campaign depositorv for the purpose of depositing all contributions received, and

disbursing all expenditures made, by the candidate or potiticat committee. The candidate or political

committee mav also designate one secondary depositorv in each countv in which an election ls held in

which the candidate or committee participates. Secondarv depositories shalt be for the sole purpose of depositing contributions and forwarding the deposits to the primarv campa1gn depository. Anv bank, saVings and loan association, or credit union authorized to transact business in this state mav be

designated as a campaign deposnorv. The candidate or political commlttee shall file the name and

address of each primarv and secondary depositorv so des1gnated at the same time that, and with the

same officer with whom, the candidate or committee files the name of his, her, or its campaign treasurer pursuant to paragraph (a). In addition, the campaign treasurer or a deputv campaign treasurer

mav deposit anv funds which are in the primarv campaign depositorv and which are not then currenttv

needed for the disbursement of expenditures into a separate Interest-bearing account in anv bank,

saVings and loan association, or credit union authorized to transact business in this state. The separate

interest-bearing account shall be designated " <name of and!date orqwltttti separate interest-bearing campaign account." In lieu thereof, the campaign treasurer or deputv campaign treasurer may purchase

a certificate of deposit with such unneeded funds m such bank, saVings and loan association, or credit

union. The separate interest-bearing account or certificate of deposit shalt be separate from any

personal or other account or certificate of deposlt. AAv withdrawal of the pnnc1pal or earned interest or

any part thereof shall only be made trom the separate interest-bearing account or certificate of deposit tor the purpose of transferring funds to the primary account and shall be reported as a contribution.

(c) My campaign treasurer or deputv treasurer appointed pursuant to this section shalt, before such

appointment mav become effective, have accepted appointment to such position In writing and filed

such acceptance with the officer betore whom the candidate is required to qualify or with the officer

with whom the political committee is required to file reports, An individual mav be appointed and setve as campaign treasurer of a candidate and a political committee or two or more candidates and political committees. A candidate mav appoint herself or himself as campaign treasurer.

(d) Any political committee which deposits all contributions received in a national depository from

which the political committee recewes tunds to contribute to state and local candidates shatt not be reqmred to designate a campaign depositotv in the state.

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(2} A candidate or political committee mav remove his, her, or its campaign treasurer or anv deputv treasurer. In case of the death, resignation, or removal of a campa1gn treasurer before compliance with

all obligations of a campaign treasurer under this chapter, the candidate or political committee shalt

appoint a successor and certifv the name and address of the soccessor in the manner provided in the

case of an original appointment. No resignation shalt be effective until it has been submitted to the

candidate or committee in writing and a copy thereof has been filed Wfth the officer before whom the

candidate is required to qualify or the officer with whom the political committee IS required to file reports. No treasurer or deputv treasurer shall be deemed removed by a candidate or potitical

committee until written notice of such removal has been given to such treasurer or deputv treasurer and

has been filed with the officer before whom such candidate IS required to qualifv or with the officer

with whom such committee is required to file reports.

(3) No contribution or expenditure, including contributions or expenditures of a candidate or of the candidate's family, shall be directly or mdirectlv made or received in furtherance of the candidacv ot

any person for nomination or election to political office in the state or on behalf ot any political

committee except through the duly appointed campaign treasurer of the candidate or political committee, subject to the following exceptions:

(a) Independent expenditures; {b) Reimbursements to a candidate or anv other individual for expenses tncurred in connection with

the campaign or activities of the political committee bv a check drawn upon the campaign account and

reported pursuant to s. 106.07(4). The full name of each person to whom the candidate or other

Individual made pavment for which reimbursement was made by check drawn upon the campaign account shall be reported pursuant to s. 106.07(4), together with the purpose of such payment;

(c) Expenditures made Indirectly through a treasurer tor goods or services, such as communications

media placement or procurement services, campaign signs, insurance, or other expenditures that

include multiple integral components as part of the expenditure and reported pursuant to s. 106.07{4)

(a)13.; or (d) Expenditures made directly bv any political committee, affiliated partv committee, or political

party regulated bv chapter 103 for obtaining time, space, or services In or bv any communications

medium for the purpose of iointly endorsing three or more candidates, and anv such expenditure shall

not be considered a contribution or expenditure to or on behalf of any such candidates tor the purposes

of this chapter. (4) A deputy campaign treasurer mav exercise anv of the powers and duties ot a campaign treasurer

as set forth In this chapter when specifically authorized to do so bv the campaign treasurer and the candidate, In the case of a candidate, or the campaign treasurer and chair of the political committee, in

the case of a political committee. (5) for purposes of appolnting a campaign treasurer and designatmg a campaign depository,

candidates for the offices of Governor and lieutenant Governor on the same ticket shall be considered a single candidate.

History.-~. 2, d'l. 73·128; s. 2, ch. 74·200; s. i, ell. 75-B9; s. 39, ch. 77-175; s. 2, ch. 79-378; s. 56, ell. 79·400; s.. 23, dl. 81·304; s. 35, dl. &4·302; s. j, ell. 89-256; s. 25, dl. 90-315; s.10, ell. 91-107; s. 637, ch. 95·147; s.. 9, ell. 97·13; s. 28, ch. 2002-17; s.14, ch. 2004-252; s. 41, ch. 2007·30; s. 28, dl. 2008-95; ss. 5, 30, ch. 2011·6; s. 53, ell. 2011-40; HJR 7105, 2011 Regular Session.

106.022 Appointment of a registered agent; duties.-(1) Each political committee, committee of continuous existence, or electioneering communications

organization shall have and continuously maintain m this state a registered office and a registered agent

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and must file with the filing officer a statement of appointment for the registered office and registered agent. The statement of appointment must:

(a) Provide the name of the registered agent and the street address and phone number for the

registered office;

(b) Identify the entity for whom the registered agent serves;

(c) Designate the address the registered agent wishes to use to receive mall;

(d) Include the entity's undertaking to mform the filing officer of any change in such designated address;

(e) Provide for the registered agent's acceptance of the appointment, which must confirm that the

registered agent is familiar with and accepts the obligations of the position as set forth in this section;

and

(f) Contain the signature of the registered agent and the entitv engaging the registered agent. (2) AA entitv may change its appointment of registered agent and registered office under this

section by executing a written statement of change and filing it with the filing officer. The statement

must satisfv all of the reqUirements of subsection (1 ).

(3) A registered agent may resign his or her appointment as registered agent by executing a Written

statement of resignation and filing it with the filing officer. AA entitY without a registered agent mav not make expenditures or accept contributions until it files a written statement Of change as required 1n

subsection (2). HistOfV.-s. 67, ell. 2oos-2n; s. 2, ch. 2006·300; s. 20, dl. 2010.167; ss. 6, lO, ch. 2011-6; s. 54, ch. 2011·40; HJR 7105,

2011 Regular Session.

106.023 Statement of candidate.-

(1) Each candidate must file a statement with the qualifying officer within 10 davs after filing the

appointment ot campatgn treasurer and des1gnat1on of campaign depository, stating that the candidate

has read and understands the reqwrements of this chapter. Such statement shall be provided b~ the filing officer and shall be in substantialtv the folloWing form:

STATEMENT OF CANDIDATE

I, , candidate for the office of , have been provided access to read and understand the requirements

of Chapter 106, Florida Statutes.

!Signature of candidatel ~

Willful failure to file this form is a violation of ss. 106.19(1)(c) and 106.25{3), F.S. (2) The execution and fiting of the statement of candidate does not in and of Itself create a

presumption that anv violation of this chapter or chapter 104 is a willful violation. Hlstorv.-:.. 26. ch. 90-315; s. 633, ch. 95-147; s. 15, ch. 2004·252; s.1S, ch. 2008-4; s. 55, ch. 2011·40.

106.025 Campaign fund raisers.-

(1 ){a) No campaign fund raiser mav be held unless the person tor whom such funds are to be so used

is a candidate tor public office. (b) All monev and contributions received with respect to such a campaign fund raiser shall be

deemed to be campaign contributions, and shall be accounted for, and subject to the same restrictions,

as other campaign contributions. All expenditures made with respect to such a campaign fund raiser

which are made or reimbursed by a check drawn on the campaign depository of the candidate tor whom

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the funds are to be used and shall be deemed to be campaign expenditures to be accounted for, and sub_iect to the same restrictions, as other campaign expenditures.

(c) Any tickets or advertising for such a campaign fund raiser iS exempt from the reqUirements of s. 106.143.

(d) Any person or candidate who holds a campaign fund raiser, or consents to a campaign fund raiser being held, ln violation of the provisions of this subsection is guiltv of a misdemeanor ot the first degree,

punishable as provided in s. 775.082 or s. 775.083. (2) This section shall not applv to any campaign fund raiser held on behatf of a political partv by the

state or county executive committee or an affiliated partY committee ot such party, provided that the proceeds of such campaign fund raiser are reported pursuant to s. 106.29.

Hlstory.-s. 40, ch. 77·175; s. 51, ch. 81-259; s. 24, ch. 81-304; s. 27, ch. 83·217; s. 4, ch. 89·256; ss. 7, 30, ch. 2011·6; s. 56, ch. 2011·40; HJR 7105, 2011 Regular Session.

106.03 Registration of political commfttees and electioneering communications organizations.

(1 )(a) Each political commlttee that receiVes contributions or makes expenditures during a calendar year in an aggregate amount exceeding $500 or that seeks the signatures of registered electors in support of an initiative shall file a statement of organization as provided in subsection (3) within 10 davs after its organization. If a political committee is organized within 10 davs of any e!ectton, it shall immediately file the statement of organization required by this section.

(b)1. Each group shalt file a statement ot organization as an electioneenng communications organization within 24 hours after the date on which it makes expenditures tor an electioneering communication in excess of $5,000, if such expenditures are made within the timetrames specified in s. 106.011 (18)(a)2. If the group makes expenditures tor an electioneeling communication In excess of $5,000 before the tlmeframes specified ins. 106.011(18)(a)2., it shall file the statement of organlzation within 24 hours aiter the 30th day before a pnmarv or special plimarv election, or within 24 hours after the 60th day before any other election, whichever is applicable.

2.a. In a statewide, legislative, or multicounty election, an electioneering communications organization shall file a statement of organization with the Division of Elections.

b. In a countvwi'de election or anv election held on tess than a countvwide basis, except as described in sub·subparagraph c., an electioneering communications organization shall file a statement of organization with the supervisor of elections of the county in which the election IS being held.

c. In a municipal election, an electioneenng communications organization shall file a statement ot organization with the officer before whom municipal candidates quatifv.

d. Anv elect1oneenng communications orgamzation that would be required to fite a statement of organization In two or more locations need onlv file a statement ot organization with the Division of Elections.

(2) The statement of organization shall include: (a) The name, mailing address, and street address of the committee or electioneenng

communications organization;

(b) The names, street addresses, and relationships of affiliated or connected organizations; (C) The area, scope, or _jurisdiction of the committee or electioneering communications

organization;

(d) The name, mailing address, street address, and position of the custodian of books and accounts; (e) The name, mailing address, street address, and position 01 other pn-ncipat officers, mctuding the

treasurer and deputy treasurer, if any;

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(f) The name, address, office sought, and partv affiliation of:

i. Each candidate whom the committee is supporting;

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2. Anv other Individual, if any, whom the committee is supporting for nomination for election, or election, to any public office whatever;

(g) Anv issue or Issues the committee IS supporting or opposing; (h) If the committee is supporting the entire ticket of any party, a statement to that effect and the

name of the party; (i) A statement of whether the committee is a continumg one; (j) Plans tor the disposition of residual funds which witt be made In the event of dissolution; (k) A listing of aU banks, safe-deposit boxes, or other depositories used for committee or

electioneering communications organization funds;

(I) A statement of the reports reqUired to be filed bv the commntee or the electioneering communications orgamzation with federal officials, if any, and the names, addresses, and positions ot such officials; and

(m) A statement of whether the electioneering communications organization was formed as a newly created organization during the current calendar quarter or was formed from an organization existing pnor to the current calendar quarter. For purposes of this subsection, calendar quarters end the last day of March, June, September, and December.

(3){a) A political committee which iS orgamzed to support or oppose statewide, legislative, or multicounty candidates or 1ssues to be voted upon on a statewide or multicounty basis shalt file a statement of organization with the Division of Elections.

(b) Except as provided in paragraph (c), a political committee which Is organized to support or

oppose candidates or issues to be voted on in a countYWide election or candidates or Issues tn any election held on tess than a countvwide basis shalt file a statement of organization with the supervlsor of elections of the countv in which such election is being held.

(c) A political committee which is orgamzed to support or oppose only candidates tor municipal

office or issues to be voted on in a municipal election shall file a statement of organization with the officer before whom municipal candidates quatifv.

(d) Any political committee which would be required under this subsection to file a statement of

organization Ill two or more locations need fite on tv with the Division of Elections. (4) Any change in information previouslv submitted in a statement of organization shall be reported

to the agencv or officer with whom such committee or electioneering communications organization is required to register within 10 days follOWing the change.

(5) Anv committee which, after haVing filed one or more statements of organiZation, disbands or

determines it will no longer receive contnbutions or make expenditures during the calendar year in an aggregate amount exceeding $500 shalt so notify the agencv or officer with whom such committee is required to file the statement of organization.

(6) If the filing officer finds that a political committee has filed its statement of organization consistent with the requirements of subsection (2), it shall notify the committee ln writing that it has been registered as a political committee. If the filing officer finds that a political committee's statement of orgamzation does not meet the requirements of subsection (2), it shalt notifv the

committee Of such finding and shalt state in writing the reasons lor rejection of the statement of organization.

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(7) The Division of Elections shall adopt rules to prescribe the manner in which committees and electioneering communications organizations may be dissolved and have the1r registration canceled. Such rules shaH, at a minimum, provide tor:

(a) Notice which shall contain the facts and conduct which warrant the intended action, including but not limited to failure to file reports and limited activitv.

(b) Adequate opportunity to respond.

(c) Appeal of the decision to the Florida Elections Commission. Such appeals shalt be exempt trom the confidentiality provisions of s. 106.25.

Hbtosy.~. J, ch. 73·128; s. 3, ch. 74-200; s.l, ch, 77·174; s. 41, ch. 77·175; s. 18, ch. 79-365; s. 25, ch. 81·304; s.l, ch. 82·143; s. 36, ch. 84·302; s. S, ch. 89·256; $. 27, ch. 90·315; s. 3, ch. 2006-300; s. 21, ch. 2010-167; ss. 8, W. ch. 2011·6; s. 57, ch. 2011·40; HJR 7105, 2011 Regular :>esslon.

106.04 Committees of continuous existence.-(1) In order to qualifv as a committee of continuous existence tor the purposes of this chapter, a

group, organtz:ation, association, or other such entitv which is involved in making contributlons to candidates, political committees, or political parties, shalt meet the following criterta:

(a) It shall be organized and operated in accordance with a written charter or set of bvlaws which

contains procedures tor the election of officers and directors and which dearly defines membership in the organization; and

(b) At least 25 percent of the income ot such organization, excluding interest, must be derived from dues or assessments pavable on a regular basis bv its membership pursuant to proVIsions contained in the charter or bv\aws. Dues may be collected by a group, orgamzation, aSSOCiation, or other such entitv from Its members and forwarded to the committee of continuous existence. The committee of continuous existence shall report such dues as if it had received the dues directlv from its members, in

the manner prescribed in subsection (4). (2) Any group, organization, association, or other entitv mav seek certification trom the Department

of State as a committee of continuous existence by filing an application with the Division of Elections on

a form provided bv the division. Such application shalt provide the information required of political committees bv s. 106.03(2). Each application shatl be accompanied by the name and street address of the prtncipat officer of the applying entltv as of the date of the apptication; a copy of the charter or bylaws of the organization; a copy of the dues or assessment schedule of the orgamzation, or formula bv

which dues or assessments are leVIed; and a complete financial statement or annual audit summarizing att income received, and aU expenses incurred, by the orgamzation during the 12 months preceding the date of application. A membership list shalt be made available tor inspection if deemed neceSsaiV bv the division.

(3) If the Division of Elections finds that an applYing organization meets the cr1tena for a committee of continuous eXistence as proVIded by subsection (1 ), it shall certifv such findings and notifv the applying organization of such certification. If it finds that an applving organization does not meet the criteria tor certification, it shall notifv the organization of such findings and shall state the reasons whv such Criteria are not met.

(4){a) Each committee of continuous existence shall file an annual report with the Division of Elections during the month of January. Such annual reports shall contain the same information and shall be accompanied by the same materials as original applications filed pursuant to subsection (2).

However, the charter or bylaws need not be filed if the annual report is accompamed bv a sworn

statement by the chair that no changes have been made to such charter or bylaws since the last filing.

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{b)1. Each committee of continuous existence shall file regular reports with the Division of Elections at the same times and sub_iect to the same filing conditions as are established bv s. 106.07(1) and (2) for candidates' reports. In addition, when a special election is catted to fill a vacancy fn office, a committee

of continuous eXIstence that makes a contribution or expenditure to influence the results of such special

election or the preceding special pnma!V election must me campaign finance reports with the filing officer on the dates set by the Department of State pursuant to s. 100.111.

2. Anv committee of continuous existence failing to so fite a report with the Division of Elections or applicable filing officer pursuant to this paragraph on the designated due date shatl be subject to a fine tor late filing as provided by this section.

(c) All committees of continuous existence shatt file their reports with the Division of Elections. Reports shall be filed in accordance with s. 106.0705 and shall contain the following information:

i. The futl name, address, and occupation of each person who has made one or more contnbutions, including contributions that represent the pavment of membership dues, to the committee during the reporting period, together with the amounts and dates of such contributions. for corporations, the report must provide as clear a description as practicable of the principal type of business conducted by the corporation. However, if the contribution is $100 or tess, the occupation of the contributor or pnncipal type of busmess need not be listed. However, for any contributions that represent the payment of dues bv members in a fixed amount aggregatfng no more than $250 per calendar year, pursuant to the schedule on file with the Division of Elections, on tv the aggregate amount of such contributions need be

listed, together with the number ot members paVing such dues and the amount of the membership dues. 2. The name and address of each political commlttee or committee of continuous existence from

which the reporting committee received, or the name and address of each political committee, committee of continuous existence, affiliated partv committee, or political partv to which it made, any

transfer of funds, together with the amounts and dates of aU transfers. 3. Anv other receipt of funds not listed pursuant to subparagraph 1. or subparagraph 2., including

the sources and amounts of aU such funds. 4. The name and address of, and office sought by, each candidate to whom the committee has made

a contribution during the reporting pertod, together with the amount and date of each contribution. 5. The full name and address Of each person to whom expenditures have been made bv or on behalf

of the commlttee within the reporting penod; the amount, date, and purpose of each such expenditure; and the name and address, and offfce sought by, each candidate on whose behalf such expenditure was made.

6. The full name and address Of each person to whom an expenditure for personal services, salary,

or reimbursement tor authorized expenses has been made, Including the full name and address ot each entitv to whom the person made pavment for which reimbursement was made by check drawn upon the committee account, together with the amount and purpose ot such pavment.

7. Transaction information trom each credit card purchase. Receipts tor each credit card purchase

shall be retained bv the treasurer with the records tor the committee account. 8. The total sum of expenditures made bv the committee during the reporting pertod. (d) The treasurer ot each committee shalt certify as to the correctness ot each report and shaH bear

the responsibilitv tor its accuracv and veracity. Anv treasurer who willfully certifies to the correctness of a report while knowtng that such report is incorrect, false, or Incomplete commits a misdemeanor of the first degree, punishable as prOVided in s. 775.082 or s. 775.083.

(5) No committee of continuous existence shall make an electioneering communication, contribute

to anv candidate or political committee an amount in excess of the limits contained in s. 106.08(1 ), or

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participate in anv activitv which is prohibited by this chapter. If anv violation occurs, it shaH be

punishable as provided in this chapter tor the given offense. No funds of a committee of continuous eXistence shaH be expended on behalf of a candidate, except by means of a contribution made through

the duty appointed campaign treasurer of a candidate. No such committee shaU make expenditures In

support of, or in opposition to, an issue unless such committee first registers as a political committee pursuant to this chapter and undertakes aU the practices and procedures required thereof; provided

such committee may make contributions In a total amount not to exceed 25 percent of its aggregate income, as reflected in the annual report filed for the previous vear, to one or more potitical commntees registered pursuant to s. 106.03 and formed to support or oppose issues.

(6) All accounts and records of a committee of continuous existence may be inspected under

reasonable circumstances by anv authorized representative of the DiVIsion of Elections or the Florida

Elections Commission. The right of inspection mav be enforced bv appropriate writ issued bv anv court of competent junsdiction.

(7) Any change in information preVJouslv submitted to the division shaH be reported within 10 davs follOWing the change.

(8) If a committee of continuous existence ceases to meet the criteria prescribed bv subsection (1 ),

the Division of Elections shaU revoke its certification. The Division of Elections shaU adopt rules to prescribe the manner In which the certification of a committee of continuous eXistence shall be revoked. Such rules shall, at a minimum, provide tor:

(a} Notice, which must contain the facts and conduct that warrant the intended action.

{b) Adequate opportunity to respond.

(c) Appeal of the decision to the Florida Elections Commission. Such appeals are exempt from the

confidentiality provisions of s. 106.25. {9)(a) My committee of continuous existence failing to file a report on the designated due date IS

subject to a fine. The fine shall be $50 per dav tor the first 3 davs tate and, thereafter, $500 per dav tor

each tate day, not to exceed 25 percent of the total receipts or expenditures, whichever 1s greater, for

the period covered by the tate report. HoweY'er, for the reports immediately preceding each primarv and general election, including a special primarv election and a special general election, the fine shall be $500 per day for each late day, not to exceed 25 percent of the total receipts or expenditures,

whichever IS greater, for the period covered by the tate report. The fine shall be assessed bv the filing

officer, and the moneys collected shall be deposited into: I. The General Revenue Fund, in the case of fines collected bv the Division of Elections. 2. The general revenue fund of the political subdivision, In the case of fines collected by a county or

municipal filing officer. No separate fine shall be assessed for failure to file a copy of any report

required by this section. {b) Upon determining that a report is tate, the fiting officer shalt immediately notifv the treasurer of

the committee or the committee·s registered agent as to the failure to file a report by the designated

due date and that a fine IS being assessed for each tate dav. Upon receipt ot the report, the filing officer

shaH determine the amount of fine which is due and shalt notifv the treasurer of the committee. Notice

iS deemed complete upon proof of delivery of written notice to the mailing or street address on record

with the filing officer. The filing officer shalt determine the amount Of the fine due based upon the

earliest of the folloWing: i. Ylhen the report is actuaUv received by such officer.

2. When the report is postmarked. 3. When the certificate of mailing is dated.

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4. When the receipt from an established couner company iS dated.

Such fine shalt be paid to the filing officer within 20 davs after receipt of the notice of payment due, unless appeal is made to the Aorida Elections Commission pursuant to paragraph (c). An officer or

member of a committee 1s not personally liable tor such fine.

(c) Anv treasurer of a committee may appeal or dispute the fine, based upon unusual Circumstances

surrounding the faiture to file on the designated due date, and may request and is entitled to a heanng

before the Florida Elections Commission, which mav waive the fine In whole or In part. Anv such request

must be made within 20 days after receipt of the notice of pavment due. The committee shalt file the appeal with the commission, with a copy provided to the filing officer.

(d) The filing officer shalt notify the Florida Elections Commission of the repeated tate filing by a

committee Of continuous existence, the failure of a committee of continuous eXistence to fite a report after notice, or the failure to pav the fine Imposed.

Htstory.--s. 4, ch, 73·123; ss.. 4, 16, ch. 74·200; s.l, ch. 77·174; s. 42, ch. 77·175; s. 57, ch. 79·400; s. 26, ch. 31·304; s. 5, ch. 85·226; s. 6, ch. S9·2S6; s. 28, ch. 90-315; s. i, ch. 90-338; ss. 6, 12, ch. 91-107; s. 1, ch. 95·140; s. 639, ch. 95·147; s. 6, ch. 97-13; ss. 3, 16, ch. 2004-252; s. 4, ch. 2006·300; s. 42, ch. 2007·30; s. 22, ch. 2010.167; ss. 9, 30, ch. 2011·6; s. 58, ch. 2011-40; HJR 7105,2011 Regutar SessiOn.

106.05 Deposit of contributions; statement of campaign treasurer .-AU funds recewed bv the campa1gn treasurer of anv candidate or political committee shall, prior to the end of the 5th business dav folloWing the receipt thereof, Saturdays, Sundays, and legal hotldays excluded, be deposited in a

campaign deposltorv designated pursuant to s. 106.021, In an account designated " lnarneot candidate or

~Campaign Account." Except tor contributions to political committees made by pavroll deduction, aU deposits shall be accompanied by a bank deposit sUp containing the name of each

contributor and the amount contributed bv each. If a contribution is deposited in a secondary campaign

depository, the depositorv shalt forward the full amount of the deposit, along with a copy of the deposit

slip accompanying the deposit, to the prlmarv campaign depository prior to the end of the 1st business

dav following the deposit. Historv.--s. 5, ch. 73-128; s. i, ch. 76-SS; s. i, ch. 77-174; s. 43, ch. 17·175; s. 7, ch. 89-256; s. 29, ch. 90-315.

106.055 Valuation of in-kind contributfons.-Any person who makes an In-kind contribution shalt,

at the time of making such contribution, ptace a value on such contribution, which valuation shalt be the

fair market value of such contribution. Travel conveyed upon private aircraft shaU be valued at the

actual cost of per person commercial air travel for the same or a substantially similar route. History.--... 44, ch. 77·175; s. 43, ch. 2007·30.

106.06 Treasurer to keep records; lnspections.-

(1) The campaign treasurer of each candidate and the campaign treasurer of each political

committee shaH keep detaited accounts. current within not more than 2 davs after the date of receiving

a contribution or making an expenditure, of aU contributions received and all expenditures made by or on behalf of the candidate or political committee that are required to be set forth in a statement filed

under this chapter. The campaign treasurer shalt also keep detailed accounts of all deposlts made In any

separate interest-bearing account or certificate of deposit and ot all withdrawals made therefrom to the

primary depository and of all interest earned thereon. {2) Accounts, including separate interest-bearing accounts and certificates of deposit, kept by the

campaign treasurer ot a candidate or political committee may be inspected under reasonable

circumstances before, dunng, or after the election to which the accounts refer by anv authorized

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representative of the Division of Elections or the Ftorida Elections Commission. The right of inspection

mav be enforced bv appropriate writ issued bv any court of competent jurisdiction. The campaign

treasurer ot a political committee supporting a candidate mav be ioined with the campaign treasurer ot

the candidate as respondent in such a proceeding.

{3) Accounts kept by a campaign treasurer of a candidate shatl be preserved bv the campa1gn

treasurer for a number ofyears-eql!al to the term of office ot the office to which the candidate seeks

election. Accounts kept by a campaign treasurer of a political committee shall be preserved by such

treasurer for at least 2 years after the date of the election to which the accounts refer. Hldory,-s. 6, ell. 73-128; s. -45, ell. 77-175; s. 3, ell. 79-378; s. 8, ell. 89-256; s. 30, ell. 90-315.

106.07 Reports; certification and filing.-

(1) Each campaign treasurer designated bv a candidate or political committee pursuant to s. 106.021

shall file regular reports of aU contributions received, and all expenditures made, bv or on behalf ot

such candidate or political committee. Except for the third calendar quarter immediately preceding a

general election, reports shall be filed on the 10th dav folloWing the end of each calendar quarter from

the time the campaign treasurer IS appointed, except that, if the 10th dav following the end ot a

calendar quarter occurs on a Saturday, Sunday, or legal holiday, the report shall be filed on the next

folloWing day which is not a Saturday, Sunday, or legal hotidav. Quarterlv reports shall include all

contributions received and expenditures made during the calendar quarter which have not otherwise

been reported pursuant to this section. (a} Except as provided in paragraph (b), the reports shall also be filed on the 32nd, 18th, and 4th

davs immediately preceding the primary and on the 46th, 32nd, 18th, and 4th davs immediately

preceding the election, for a candidate who 1s opposed in seeking nomination or election to anv office,

tor a political committee, or for a committee of continuous existence. (b) Any statewide candidate who h~ requested to receive contributions pursuant to the Aorida

, Election Campaign Financing Act or anv statewide candidate in a race with a candidate who has

requested to receive contributions pursuant to the act shatl also file reports on the 4th, 11th, 18th,

a 25th, and 32nd days prior to the prtmarv election, and on the 4th, 11th, 18th, 25th, 32nd, 39th, 46th,

oand 53rd days prior to the general election. O (c) Following the last day of qualifying: for office, anv unopposed candidate need on tv file a report

C..-;'1 within 90 days after the date such candidate became unopposed. Such report shall contain all previously

['.)unreported contributions and expenditures as req01red by this section and shalt reflect disposition of

Nfunds as required by s. 106.141. (d)1. When a special election is called to fill a vacancy in office, aU political committees making

contributions or expenditures to influence the results Of such special election or the preceding special

primary election shall file campaign treasurers' reports with the filing officer on the dates set bv the

Department of State pursuant to s. 100.111.

2. When an election is called for an 1ssue to appear on the ballot at a time when no candidates are

scheduled to appear on the ballot, all political committees making contributions or expenditures in

support of or in opposition to such issue shall file reports on the 18th and 4th davs prior to such

election. (e) The filing officer shalt provide each candidate with a schedule designatmg the beginning and end

ot reporting periods as well as the corresponding designated due dates. (2)(a)1. AIL reports required of a c:andldate by this sectfon shall be fl!ed with the officer before

whom the candidate Is required by law to qualifv. All candidates who file with the Department of State

shalt flte their reports pursuant to s. 106.0705. Except as provided ins. 106.0705, reports shall be filed

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not later than 5 p.m. of the day deslgnated; however, anv report postmarked bv the United States

Postal Service no later than midnight of the dav designated shall be deemed to have been filed in a

timelv manner. Anv report received by the filing officer within 5 davs after the designated due date that

was delivered bv the United States Postal Service shall be deemed timely filed unless it has a postmark

that indicates that the report was mailed after the designated due date. A certificate ot mailing

obtained from and dated by the United States Postal Servtce at the time of mailing, or a receipt from an

established courier company, which bears a date on or before the date on which the report is due, shaU

be proof of mailing m a timetv manner. Reports matt contain information of att previously unreported

contributions received and expenditures made as of the preceding Friday, except that the report filed

on the Friday immediately preceding the election shall contain information of all prevloustv unreported

contributions received and expenditures made as of the day preceding that designated due date. AU

such reports shall be open to public inspection.

2. This subsection does not prohibit the governing body of a political subdivision, by ordinance or

resolution, from imposing upon its own officers and candidates electronic filing requirements not in

conflict with s. 106.0705. Expenditure of public funds tor such purpose Is deemed to be tor a valid public

purpose.

(b}1. Anv report that is deemed to be incomplete bv the officer with whom the candidate qualifies

shalt be accepted on a conditional basis. The campaign treasurer shatl be notified by certified mail or bv

another method using a common camer that provides a proof of delive!V of the notice as to why the

report is incomplete and within 7 days after receipt Of such notice must file an addendum to the report

providing all infonnation necessarv to complete the report in compliance with this section. Failure to

file a complete report after such notice constitutes a violation of this chapter.

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2. Notice is deemed complete upon proof of deliverv of a wlitten notice to the mailing or street

address of the campaign treasurer or registered agent of record with the filing officer. (3) Reports required ot a political committee shall be filed with the agency or officer before whom

such committee registers pursuant to s. 106.03(3) and shall be subject to the same filing conditions as

established for candidates' reports. Incomplete reports by political committees shalt be treated in the

manner provided for incomplete reports bv candidates in subsection (2). (4)(a) Each report required bv this section must contain:

1. The full name, address, and occupation, ff any of each person who has made one or more

contributions to or tor such committee or candidate within the reporting period, together with the

amount and date Of such contributions. For corporations, the report must provide as dear a description

as practicable of the princ1pal type of business conducted bv the corporation. However, if the

contribution is $100 or tess or is from a relative, as defined ins. 112.312, provided that the relationship

is reported, the occupation of the contributor or the prinCipal type of business need not be listed. 2. The name and address of each political committee from which the reporting committee or the

candidate received, or to which the reporting committee or candidate made, anv transfer of funds,

together with the amounts and dates of all transfers. J. Each loan for campaign purposes to or from any person or political committee within the

reporting period, together with the full names, addresses, and occupations, and principal places of

business, if any, of the tender and endorsers, if any, and the date and amount of such loans.

4. A statement of each contribution, rebate, refund, or other receipt not otherwise listed under

subparagraphs i. through 3.

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5. The total sums of aU loans, ln·kind contributions, and other receipts bv or tor such committee or candidate during the reportmg period. The reportmg forms shalt be designed to elicit separate totals tor in-kind contributions, loans, and other receipts.

6. The full name and address of each person to whom expenditures have been made bv or on behalf of the committee or candidate within the reporting period; the amount, date, and purpose ot each such expenditure; and the name and address of, and office sought by, each candidate on whose behalf such expenditure was made. However, expenditures made from the petty cash fund provided by s. 106.12 need not be reported individua!lv.

7. The full name and address of each person to whom an expenditure tor personal services, salary, or reimbursement tor authorized expenses as provided ins. 106.021(3) has been made and which is not otherwise reported, including the amount, date, and purpose of such expenditure. However, expenditures made from the pettv cash fund provided for ins. 106.12 need not be reported individualtv. Receipts for reimbursement for authonzed expenditures shalt be retained by the treasurer along with the records for the campaign account.

8. The total amount withdrawn and the total amount spent tor pettv cash purposes pursuant to this chapter during the reporting period.

9. The total sum of expenditures made by such committee or candidate during the reporting period. 10. The amount and nature of debts and obligations owed bv or to the committee or candidate,

which relate to the conduct of any political campaign. 11. Transaction information for each credit card purchase. Receipts for each credit card purchase

shalt be retained by the treasurer with the records for the campaign account. 12. The amount and nature of any separate interest-bearing accounts or certificates of deposit and

Identification of the financial institution in which such accounts or certificates of deposit are located. 13. The pnmary purposes ot an expenditure made indirectlY through a campa1gn treasurer pursuant

to s. 106.021 (3) for goods and serYices such as communications media placement or procurement se/Vlces, campaign signs, insurance, and other expenditures that indude multiple components as part of the expenditure. The primary purpose of an expenditure shalt be that purpose, induding integral and directly related components, that comprises 80 percent of such expenditure.

C) (b) The filing officer shalt make available to any candidate or committee a reporting form which the

0 candidate or committee mav use to indicate contributions received by the candidate or committee but 0 returned to the contributor -before deposit. -f"0 (5) The candidate and his or her campaign treasurer, in the case ot a candidate, or the political

W committee chair and campaign treasurer of the commlttee, in the case of a political committee, shalt

certify as to the correctness of each report; and each person so certiMng shalt bear the responsibilitv

for the accuracy and veracity of each report. Anv campaign treasurer, candidate, or political committee chair who willfullv certifies the correctness ot anv report while know'ing that such report 1s incorrect, false, or Incomplete commits a misdemeanor of the first degree, punishable as provided ins. 775.082 or s. 775.083.

(6) The records maintained by the campaign depository with respect to anv campaign account

regulated bv this chapter are subiect to mspecuon bv an agent of the Division of Elections or the Florida Elections Commission at anv time during normal banking hours, and such deposltorv shaH furnish certified copies of any of such records to the Division of Elections or Florida Elections Commission upon request.

{7) Notwithstanding any other prOVisions ot this chapter, ln any reporting petiod during which a

candidate, political committee, or committee of continuous eXistence has not received funds, made anv

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contributions, or expended anv reportable funds, the filing of the required report for that period is waived. However, the next report filed must specifv that the report covers the entire period between the last submitted report and the report being filed, and any candidate, political committee, or

committee ot continuous eXistence not reporting bv Vfrtue of this subsection on dates prescribed elsewhere in this chapter shall notifv the filing officer in writing on the prescribed reporting date that no report is being filed on that date.

{8)(a) Anv candidate or political committee failing to file a report on the designated due date fs subiect to a ffne as provided in paragraph (b) for each tate day, and, in the case of a candidate, such fine shalt be paid only from personal funds of the candidate. The fine shall be assessed by the filing officer and the monevs collected shall be deposited:

i. In the General Revenue Fund, fn the case of a candidate tor state office or a political committee that registers with the Division of Elections; or

2. In the general revenue tund of the political subdivision, fn the case of a candidate for an office of a political subdivision or a political committee that registers with an officer of a political subdivision.

No separate fine shalt be assessed for failure to file a copy Of anv report required by this section. (b) Upon determining that a report is late, the filing officer shall fmmediatelv notify the candidate ~"\

or chair of the potitical committee as to the failure to file a report by the designated due date and that a fine is being assessed for each late day, The fine shalt be $50 per dav for the first 3 days tate and, thereafter, $500 per day tor each late day, not to exceed 25 percent of the total receipts or expenditures, whichever Is greater, for the period covered by the late report. However, tOr the reports immediately preceding each special pnmary election, special election, primaiV election, and general election, the fine shalt be $500 per dav tor each late day, not to exceed 25 percent of the total receipts or expenditures, whichever IS greater, for the period covered by the tate report. For reports required

under s. 106.141(7}, the fine is $50 per dav for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report. Upon receipt of the report, the filing officer shalt determine the amount of the fine which fs due and shall notify the candidate or chair or registered agent of the political committee. The filing officer shall determine the amount of the fine due based upon the earliest of the fol!oWing:

i. When the report is actual!v recewed by such officer. 2. When the report is postmarked. }. When the certificate of mailing is dated. 4. When the receipt from an established courier company is dated.

5. When the electronic receipt issued pursuant to s. 106.0705 or other electronic filing system authorized in this section 1s dated.

Such fine shalt be paid to the filing officer within 20 davs after receipt of the notice of pavment due, unless appeal is made to the Florida Elections Commission pursuant to paragraph {c). Notice 1s deemed -,

complete upon proof of delivery ot written notice to the mailing or street address on record with the filing officer. In the case of a candidate, such fine shalt not be an allowable campaign expenditure and shatl be paid only from personal funds of the candidate. An officer or member of a political committee shalt not be personally liable tOr such fine.

{c) Anv candidate or chair of a political committee mav appeal or dispute the fine, based upon, but not limited to, unusual circumstances surrounding the failure to file on the designated due date, and maY request and shall be entitled to a hearing before the Florida Elections Commission, which shatl have the authoritv to waive the fine in whole or in part. The Florida Elections Commtsston must consider the

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mitigating and aggravating circumstances contained ins. 106.265{2) when determining the amount of a fine, if any, to be waived. Any such request shalt be made within 20 days after receipt of the notice of

payment due. In such case, the candidate or cha1r of the political committee shall, within the 20-dav period, notify the fiting officer in writing of his or her intention to bling the matter before the

commission. (d) The appropriate filing officer shalt notify the Florida Elections Comm1ssion of the repeated tate

filing bv a candidate or political committee, the failure of a candidate or political committee to file a report after notice, or the failure to pav the fine imposed. The commission shall investigate ontv those alleged tate filing violations specifically identified bv the filing officer and as set forth in the notification. Any other alleged violations must be separatelv stated and reported by the division to the

commission under s. 106.25(2). (9) The Department of State may prescribe by rule the reqUirements tor filing campaign treasurers'

reports as set forth in this chapter. History.-s. 1, ch. 73·128; ss. !1, 15, 11, ch. 74·200; ss. 1, 2, ch. 75·8; s. 2, ch. 75·139; s. 1, ch. 77-174; s. 46, ch. n-115;

s. 23, ch. 79·164; ss. 7, 8, ch. 79·365; s. 4, ch. 79·378; s. 58, ch. 79-400; s. 52, ch. 81-259; s. 27, ch. 81·304; s. 2, ch. 82·143; s. 11, ch. 83·251; s. 37, ch. 84-302; s. 6, ch. 85·226; s. i, ch. 86·134; s.13, ch. 87·224; s. 9, ch. 89·256; s. 31, ch. 90-315; s.

2, ch. 90·338; s. 18, ch. 90·502; s. 7, ch. 91-107; s. 2, ch. 95-140; s. 640, ch. 95·147; s. 15, ch. 95·280; s. 7, ch. 97·13; s. 6,

ch. 2001·75; s. 29, ch. 2002·17; s. 2, ch. 2002-197; s. 8, ch. 2003·1; ss. 17,18, ch. 2004·252; s. 24, ch. 2005·286; ss. 5, 10, ch. 2006·300; s. 29, ch. 2008·95; s. 59, ch. 2011·40; s. 6, ch. 2012·5.

106.0701 Solicitation of contributions on behalf of s. 527 or s. 501 (c)(4) organizations;

reporting requirements; civil penalty; exemptlon.-(1) The Governor, lieutenant Governor, members of the Cabinet, state legislators, or candidates for

such offices who directly or indirectlv solicit, cause to be soHcited, or accept anv contribution on behalf of an organization that IS exempt from taxation under s. 527 or s. 501 (c)(4) of the Internal Revenue Code, which such individuals, in v.ilole or in part, establish, maintain, or control, shall fi!e a statement with the division within 5 davs aft'er commencing such activity on behatf of the organlzation. The

statement shalt contain the fottowlng mformation: (a) The name of the person acting on behalf of the organization. (b) The name and type of the organization. (C) A description of the relationship between the person and the organization.

(2) Failure to timely file the statement shall subiect the person to a dvit penattv of $50 per dav tor

each tate day, payable from the personal funds of the violator. (3) Upon filing a statement with the division, an individual subiect to the requirements of subsection

(1) shalt promptly create a public website that contains a miSSIOn statement and the names of persons associated with the organization. The address of the website shall be reported to the division within 5

business davs after the website is created. (4) Atl contributions received shalt be disdosed on the website within 5 business davs after deposit,

together with the name, address, and occupation of the donor. All expenditures by the organization shall be indiVlduallv disclosed on the website within 5 business davs after being made.

(5) The filing requirements of subsection (1) do not apply to an individual acting on behalf of his or

her own campaign, a potiticat party, or an affiliated partv committee of which the mdividual is a

member. HbtOI')'.-s. 6, ch. 2006·300; ss. 10, 30, ch. 2011-6; HJR 7105, 2011 Regular Session.

106.0703 Electioneering communications organizaUons; reporting requirements; certification

and filing; penalties.-

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(1 )(a} Each electioneering commumcatfons organization shall file regular reports of all contributions received and att expenditures made bv or on behalf of the organization. Reports shatl be filed on the 10th dav following the end of each calendar quarter from the time the organization IS registered. However, if the 10th dav foltOWing the end ot a calendar quarter occurs on a Saturday, Sunday, or legal

hotlday, the report shaH be fited on the next folloWing dav that Is not a Saturday, Sunday, or legal holidav. Quartertv reports shall indude aU contributions received and expenditures made during the

calendar quarter that have not otherwise been reported pursuant to this section. (b) FollOWing the last dav of candidates qualifying tor office, the reports shall be filed on the 32nd,

18th, and 4th days immediately preceding the pnmarv election and on the 46th, 32nd, 18th, and 4th davs immediately preceding the general election.

(c) When a special election is called to fill a vacancv in office, all etectioneertng communications

organizations making contributions or expenditures to influence the results of the special election shall file reports with the filing officer on the dates set bv the Department of State pursuant to s. 100.111.

(d) In addition to the reports required by paragraph (a), an electioneering communications orgamzation that is registered with the Department of State and that makes a contribution or eXpenditure to influence the results of a county or municipal election that is not being held at the same time as a state or federal election must file reports with the county or municipal filing officer on the same dates as countv or municipal candidates or committees tor that election. The electioneering communications organizatfon must also mclude the expenditure in the next report filed with the Division of Elections pursuant to this section follOWing the countv or municipal election.

(e) The filing officer shalt make available to each electioneering communications organization a

schedule designating the beginning and end of reporting periods as welt as the corresponding designated due dates.

{2)(a) Except as provided ins. 106.0705, the reports required of an electlooeeling communications

orgamzation shalt be filed with the filing officer not tater than 5 p.m. of the day designated. However, any report postmarked by the United States Postal Service no later than midnight of the day designated shall be deemed to have been filed in a timetv manner. Anv report received by the filing officer within 5 days after the designated due date that was delivered bv the United States Postal Service shalt be deemed timely filed unless it has a postmark that indicates that the report was mailed after the designated due date. A certificate of mailing obtained from and dated by the United States Postal

Service at the time of mailing, or a receipt from an established courier company, which bears a date on or before the date on which the report is due, shall be proof of mailing in a timely manner. Reports shall contain Information ot aU preVlousl.v unreported contributions received and expenditures made as of the preceding Friday, except that the report filed on the Friday Immediately preceding the election shall

contain Information of aU preVlouslv unreported contributions received and expenditures made as of the day preceding the des1gnated due date. AU such reports shall be open to public inspection.

(b)1. Any report that is deemed to be incomplete bv the officer with whom the electioneering

communications organization files shalt be accepted on a conditional basis. The treasurer of the electioneenng communications organization shall be notified, by certified mail or other common carrier that can establish proof of delivery tor the notice, as to why the report is incomplete. Within 7 davs after rece1pt of such notice, the treasurer must file an addendum to the report providing all information necessarv to complete the report in compliance with this section. Failure to file a complete report after such notice constitutes a violation of this chapter.

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2. Notice 1s deemed sufficient upon proof of delivery of written notice to the mailing or street address of the treasurer or registered agent of the electioneering commumcation organization on record

with the filing officer. (3){a) Each report required by this section must contain: i. The full name, address, and occupation, if any, of each person who has made one or more

contributions to or tor such electioneering communications organization within the reporting period, together with the amount and date Of such contributions. For corporations, the report must provide as clear a desaiption as practicable of the principal type of business conducted bv the corporation.

However, if the contribution is $100 or Less, the occupation of the contributor or the principal type of business need not be Listed.

2. The name and address of each political committee from which or to which the reporting

electioneering communications organization made any transfer of funds, together with the amounts and dates of aU transfers.

3. Each Loan for electioneering commumcation purposes to or from any person or political committee within the reporting period, together with the full names, addresses, and occupations and principal places of business, if any, of the lender and endorsers, if any, and the date and amount of such

loans. 4. A statement of each contribution, rebate, refund, or other receipt not otherwise Listed under

subparagraphs 1.·3. 5. The total sums of all loans, in-kind contributions, and other receipts bv or for such electioneering

communications organization during the reporting pertod. The reporting forms shall be designed to elicit

separate totals for In-kind contributions, loans, and other receipts. 6. The full name and address of each person to whom expenditures have been made by or on behalf

of the electioneering communications organization within the reporting pertod and the amount, date, and purpose of each expenditure.

7. The full name and address of each person to whom an expenditure tor personal services, salary,

or reimbursement for expenses has been made and that is not otherwise reported, induding the amount, date, and purpose of the expenditure.

8. The total sum of expenditures made by the electioneering communications organization during

the reporting period. 9. The amount and nature of debts and obligations owed by or to the electioneering communications

organization that relate to the conduct of anv electloneertng commumcation. 10. Transaction information for each credit card purchase. Receipts for each credit card purchase

shaH be retained by the electioneertng communications orgamzation. 11. The amount and nature ot anv separate interest-bearing accounts or certificates of deposit and

identification of the financial institution in which such accounts or certificates of deposit are located. 12. The primary purposes of an expenditure made indirectly through an electioneering

communications organization tor goods and services, such as communications media placement or procurement services and other expenditures that Include multiple components as part of the expenditure. The prtmary purpose of an expenditure shall be that purpose, including integral and directly related components, that comprises 80 percent of such expenditure.

(b) The filing officer shall make available to anv electioneertng communications organization a

reporting form which the electioneering communications organization mav use to indicate contributions recelVed by the electioneering commumcations organization but retumed to the contributor before deposit.

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(4) The treasurer of the electioneering communications organization shall certify as to the correctness of each report, and each person so certifving shall bear the responsibility for the accuracv and veracity of each report. Anv treasurer who willfuLLY certifies the correctness of any report while knoWing that such report iS incorrect, false, or incomplete commits a misdemeanor of the first degree, punishable as provided in s. n5.082 or s. n5.083.

(5) The electioneering commumcations organization depository shaH provide statements reflecting deposits and expenditures from the account to the treasurer, who shall retain the records pursuant to s. 106.06. The records maintained bv the depositorv with respect to the account shall be sub~lect to inspection by an agent of the Division of Elections or the Flor1da Elections Commission at any ume

during normal banking hours, and such depositorv shall furnish certified copies of any such records to the DMsion of Elections or the Florida Elections Commission upon request.

(6) Notwithstanding any other provisions of this chapter, in any reporting period during which an electioneering communications organization has not received funds, made anv contributions, or expended any reportable funds, the treasurer shalt file a written report with the filing officer bv the prescribed reporting date that no reportable contributions or expenditures were made during the reporting period.

(7}(a} Arw electioneering communications organization failing to file a report on the designated due date shalt be subject to a fine as provided In paragraph (b) for each late day. The fine shall be assessed by the filing officer, and the monevs collected shaH be deposited:

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1. In the Generat Revenue Fund, in the case of an electioneenng: communications organization that registers with the Division of Elections; or

2. In the general revenue tund of the political subdivision, In the case of an e!ectioneertng

communications organization that registers with an officer ot a political subdivision.

No separate fine shall be assessed for failure to file a copy of any report required bv this section. (b) Upon determining that a report is late, the filing officer shall Immediately notifv the

electioneertng communications organization as to the failure to file a report by the designated due date and that a fine is being assessed for each late dav. The fine shall be $50 per day for the first 3 davs late and, thereafter, $500 per day tor each tate day, not to exceed 25 percent of the total receipts or

expenditures, whichever is greater, tor the penod covered by the tate report. However, tor the reports immediately preceding each prtmarv and general election, the fine shall be $500 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, tor the period covered by the late report. Upon receipt of the report, the filing officer shall determine the amount of the fine which is due and shaU notifv the electioneering communications organization. The filing officer shall determine the amount of the fine due based upon the eartlest of the following:

i. When the report is actually received bv such officer. 2. 'Nhen the report is postmarked.

3. When the certificate ot mailing is dated. 4. When the receipt from an established courier company Is dated. 5. When the electronic receipt issued pursuant to s. 106.0705 or other electronic filing svstem

authorized in this section IS dated.

Such fine shall be paid to the filing officer within 20 days after receipt of the notice of payment due, unless appeal is made to the Florida Elections Comm1ss1on pursuant to paragraph {c). Notice 1s deemed suffident upon proof of deliverv ot written notice to the mailing or street address on record with the

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flUng officer. An officer or member of an electioneering communications orgamzation shall not be

personatlv liable tor such fine. (c) The treasurer of an electioneering communications organization mav appeal or dispute the fine,

based upon, but not limited to, unusual circumstances surrounding the failure to fite on the designated due date, and may request and shalt be entitled to a hearing before the Rorida Elections Commission,

which shatl have the authoritY to waive the fine in whole or m part. The Rorida Elections CommlssJon must consider the mitigating and aggravating circumstances contained ins. 106.265(2) when determining the amount of a fine, if any, to be waived. Anv such request shall be made within 20 davs

after receipt of the notice ot payment due. In such case, the treasurer of the electioneering communications organization shall, within the 20.day petiod, notifv the filing officer in writing of his or her Intention to bring the matter before the commission.

(d) The appropriate filing officer shall notifv the Rorida Elections Commission of the repeated tate filing by an electioneering communications organization, the failure of an electioneering communications organization to file a report aiter notice, or the failure to pay the fine imposed. The commission shall investigate onlv those alleged late filing violations specificattv identified by the filing officer and as set forth in the notification. AnY other atteged violations must be stated separatelv and reported by the division to the commission under s. 106.25(2).

(8) Electioneering communications organizations shalt not use credit cards. Hlstory.-s. 7, ch. 2006-300; s. 23, ch. 2010·167; ss. 11, 30, ch. 2011-6; s. 60, ch. 2011·40; HJR 7105, 2011 Regular Session;

"· 7, ch. 2012·5.

106.0705 Electron1c filfng of campaign treasurer's reports.-(1) As used in this section, "electromc filing system" means an Internet svstem tor recording and

reporting campaign finance activity bv reporting period. (2)(a) Each individual who is required to file reports with the division pursuant to s. 106.07 or s.

106.141 must file such reports bv means of the division's electronlc filing svstem. (b) Each political committee, committee ot continuous eXistence, electioneering commumcations

organization, affiliated partv committee, or state executive committee that is reqUired to file reports with the division under s. 106.04, s. 106.07, :.. 106.0703, ors. 106.29, as applicable, must file such

O reports with the division by means of the division·s electronic filing system. <:.:) (c) Each person or organization that is reqUired to file reports with the division under s. 106.071 O must file such reports bv means of the division·s electronic filing system. C:) (3) Reports filed pursuant to this section shall be completed and filed through the electronic filing [\..J system not tater than midnight of the day designated. Reports not filed by midnight of the day

O') designated are late filed and are subject to the penalties under s. 106.04(9), s. 106.07(8), s. 106.0703 (7), or s. 106.29(3), as applicable.

(4) Each report filed pursuant to this section is considered to be under oath by the candidate and treasurer, the chair and treasurer, the treasurer under s. 106.0703, or the leader and treasurer under s. 103.092, whichever is applicable, and such persons are subject to the provisions ot s. 106.04(4)(d), s. 106.07(5), s. 106.0703(4), or s. 106.29(2), as applicable. Persons given a secure s1gn-on to the electronic

filing system are responsible for protecting such from disclosure and are responsible tor aU filings using such credentials, unless they have notified the division that the1r credentials have been compromised.

(5) The electronic filing system developed bv the division must: (a) Be based on access by means Of the Internet. (b) Be accessible by anyone with Internet access using standard web-browsmg software.

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(c) Provide for direct entry ot campaign finance information as well as upload of such information from campaign finance software certified bv the division.

(d) Provide a method that prevents unauthotized access to electronic filing system functions. (6) The division shatl adopt rules pursuant toss. 120.536{1) and 120.54 to administer this section and

provide for the reports reqUired to be filed pursuant to this section. Such rules shalt, at a minimum, provide:

(a) Alternate filing procedures in case the division's electronlc filing svstem Is not operable. (b) For the Issuance of an electronic receipt to the person submitting the report lndfcatlng and

verifving that the report has been filed. Hlstorv.-s.19, ch. 2004·252; s. 45, ch. 2005-278; s. 8, ch. 2006·300; s. 24, ch. 2010·167; ss. 12, 30, ch. 2011-6; s. 61, ch.

2011·40; HJR 7105, 2011 Regular Session.

106.0706 Electronic filing of campaign finance reports; public records exemptlon.-(1) All user identifications and passwords held bv the Department of State pursuant to s. 106.0705

are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (2)(a) lnfonuation entered in the electronic filing system for purposes of generating a report

pursuant to s. 106.0705 is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (b) lnfonuation entered in the electronic filing system fs no longer exempt once the report is

generated and fi(ed with the Division of Elections.

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Hlstory.-s. i, ch. 2004-253; s. 16, ch. 2008-4; s. 'i, ch. 2009·149.

106.071 Independent expenditures; electioneering communications; reports; disclafmers.-(1) Each person who makes an independent expenditure with respect to any candidate or 1ssue, and

each individual who makes an expenditure for an electioneenng commu01cat1on which is not otherwise reported pursuant to this chapter, which expenditure, 1n the aggregate, is in the amount of $5,000 or

more, shall file penodic reports of such expenditures in the same manner, at the same time, subject to the same penalties, and with the same officer as a political committee supporting or opposing such candidate or issue. The report shall contain the full name and address of the person making the expenditure; the full name and address ot each person to whom and for whom each such expenditure has been made; the amount, date, and purpose ot each such expenditure; a description of the services or goods obtained by each such expenditure; the issue to which the expenditure relates; and the name and address of, and office sought by, each candidate on whose behalf such expenditure was made.

(2) Any political advertisement paid for bv an independent expenditure shalt prominently state "Paid political advertisement paid for by ®mP "nd M<~rea of oroon oay1ng tQ£ "dyrrtlg·men!l tndependentty of any

lcar>dldate rx corrvnitteg\ • "

(3) Subsection (2) does not apptv to noveltv ltems having a retail value of $10 or less which support, but do not oppose, a candidate or issue.

(4) Any person who faits to mdude the disclaimer prescribed in subsection (2) in any political advertisement that is required to contain such disclaimer commits a misdemeanor of the first degree,

punishable as provided ins. n5.082 or s. n5.083. Hlstory.-s. 47, ch. 77-175; s. 10, ch. 89-256; s. 4, ch. 2004-252; s. 25, ch. 2010·167; ss. 13, 30, ch. 2011·6: HJR 7105, 2011

Regular Session.

106.075 Elected officials; report of loans made in year preceding election; limitation on

contributtons to pay loans.-(1) A person who is elected to office must report all loans, exceeding $500 in vatue, made to him or

her and used for campaign purposes, and made in the 12 months preceding his or her election to office,

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to the fiHng officer. The report must be made, in the manner prescribed by the Department of State,

within 10 davs after being elected to office.

(2) Any person who makes a contribution to an individual to pav all or part of a loan mcurred, in the 12 months preceding the election, to be used for the individual's campaign, mav not contribute more

than the amount which is attowed ins. 106.08(1). History.-s. 11, ch. 89·2S6; s. 32, ch. 90-315; s. 12, ch. 91-107; s. 641, ch. 95·147.

106,08 Contributions: limitations on.-(1)(a) Except for political parties or affiliated partvcommlttees, no person, political committee, or

committee of continuous existence may, in any election, make contributions in excess of $500 to anv candidate for election to or retention in office or to any political committee supporting or opposing one

or more candidates. Candidates for the offices of Governor and Lieutenant Governor on the same ticket

are considered a single candidate tor the purpose of this section. {b)1. The contribution limits provided in this subsection do not applv to contributions made by a

state or county executive committee of a political partv or affiliated partv committee regulated by

chapter 103 or to amounts contributed bv a candidate to his or her own campaign. 2. Notwithstanding the limits provided in this subsection, an unemandpated child under the age ot

18 vears of age mav not make a contribution 10 excess of $100 to anv candidate or to any po!itical

committee supporting one or more candidates. (C) The contribution limits of this subsection apply to each election. For purposes of this subsection,

the primarv election and general election are separate elections so tong as the candidate 1s not an

unopposed candidate as defined ins. 106.011 (15). However, for the purpose of contribution limits with

respect to candidates for retention as a justice or Judge, there IS only one election, which is the general

election. (2)(a) A candidate mav not accept contributions from national, state, or countv executive

committees of a political party, includin•g any subordinate committee of such political partY or affiliated

partv committees, which contributions in the aggregate exceed $50,000. 0 {b) A candidate tor statewide office may not accept contributions from national, state, or countv

C) executive committees of a political party, including anv subordinate committee of the political party, or 0 affiliated partv committees, which contributions in the aggregate exceed $250,000. Polling services, 0 research services, costs tor campaign staff, professional consulting services, and telephone caUs are not

[\..:> contributions to be counted toward the contribution limits of paragraph (a) or this paragraph. Anv item

-...1 not expressly identified in this paragraph as nonallocable is a contribution in an amount equal to the fair

market value of the item and must be counted as attocable toward the contribution limits of paragraph (a) or this paragraph. Nonattocabte, 1n·kind contributions must be reported bv the candidate under s.

106.07 and bv the political partY or affiliated partY committee under s. 106.29. (3)(a) Any contribution received bv a candidate with opposition in an election or bv the campa1gn

treasurer or a deputv campaign treasurer of such a candidate on the dav of that etecuon or tess than 5 davs prior to the day of that election must be returned bv him or her to the person or committee

contributing it and mav not be used or expended bv or on behalf of the candidate. (b) Anv contribution received bv a candidate or bv the campaign treasurer or a deputv campaign

treasurer of a candidate after the date at which the candidate withdraws his or her candidacy, or after

the date the candidate is defeated, becomes unopposed, or is elected to office must be returned to the person or committee contributing it and mav not be used or expended by or on behalf Of the candidate.

(4) Any contribution received bv the chair, campaign treasurer, or deputy campa1gn treasurer of a

political committee supporting or opposing a candidate with opposition in an election or supporting or

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opposing an issue on the ballot fn an election on the day of that election or less than 5 davs pnor to the

day of that election mav not be obligated or expended bv the committee until after the date of the

election.

(S)(a) A person mav not make anv contribution through or in the name of another, directty or indirectly, in anv election.

(b) Candidates, political committees, affiHated party committees, and political parties may not

solicit contribUtions from any religious, charitable, dvic, or other causes or organizations established primarilY tor the public good.

(c) Candidates, political committees, affiliated party committees, and political parties may not make contributions, in exchange for political support, to any religious, charitable, civic, or other cause or organization established pnmarilv tor the public good. It is not a violation of this paragraph for:

i. A candidate, political committee, affiliated partv committee, or poUtical partv executive

committee to make gifts of monev in tieu of flowers in memorv of a deceased person; 2. A candidate to continue membership in, or make regular donations from personal or business

funds to, religious, political party, affiliated partY committee, civic, or charitable groups of which the

candidate is a member or to which the candidate has been a regular donor for more than 6 months; or :::. A candidate to purchase, with campaign tunds, tickets, admission to events, or advertisements

from religious, civic, political party, affiliated party committee, or charitable groups. (6)(a) A political partv or affiliated partv committee may not accept anv contribution that has been

specifically designated for the partial or exclusive use of a particular candidate. Any contribution so deslgnated must be returned to the contributor and may not be used or expended bv or on behalf of the

candidate. Funds contributed to an affiliated partv committee shall not be deemed as designated for the

partial or exclusive use of a leader as defined ins. 103.092. (b)1. A political party or affiliated party committee may not accept anv ln·klnd contribution that

faits to provide a direct benefit to the political party or affiliated party committee. A "direct benefit"

includes, but is not limited to, tundraising or furthering the obiectives of the political party or affiUated

party committee. 2.a. An in·kind contribution to a state political partv maY be accepted only by the chairperson of the

state political partv or bv the chairperson's designee or designees whose names are on file with the

division in a form acceptable to the division prior to the date of the written notice required in sub·

subparagraph b. An in·kind contribution to a county political partv mav be accepted only by the

chairperson of the county political partv or bv the countv chairperson's designee or designees whose

names are on file with the supervisor ot elections of the respective county prior to the date of the

written notice reqUJred In sub·subparagraph b. An in·kind contribution to an affiliated partv committee may be accepted ontv by the leader of the affiliated partv committee as defined ins. 103.092 or by the

leader's designee or designees whose names are on file with the division in a form acceptable to the

division prior to the date of the written notice required in sub-subparagraph b. b. A person making an m·kind contribution to a state or county political partY or affiliated party

committee must provide prior written notice of the contribution to a person described in sub· subparagraph a. The prior written notice must be signed and dated and mav be provided by an

electronic or facs1mile message. However, pnor written notice is not required for an in·kind contribution

that consists of food and beverage m an aggregate amount not exceeding $1,500 which is consumed at a

single sitting or event If such In· kind contribution IS accepted in advance by a person specified in sub· subparagraph a.

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c. A person described in sub-subparagraph a. mav accept an in·kind contribution requiring prtor written notice only in a writing that is dated before the in·kind contribution is made. Faiture to obtain the required wlitten acceptance of an in·kind contribution to a state or county political partv or

affiUated partv committee constitutes a refusal of the contribution. d. A copy of each prtor written acceptance reqUired under sub-subparagraph c. must be filed at the

time the regular reports of contributions and expenditures requ1red under s. 106.29 are filed by the state executive committee, countv executive committee, and affiliated party committee. A state executive committee and an affiliated partv committee must file with the division. A countv executive

committee must file with the countv's supemsor of elections. e. An in·kind contribution may not be given to a state or county political party or affiliated partv

committee unless the in·kind contribution is made as provided in this subparagraph. (7)(a) Any person who knowingly and willfully makes or accepts no more than one contributlon m

violation of subsection (1) or subsection (5), or any person who knoWingly and willfully faits or refuses to retum any contribution as reqUired in subsection (3), commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. If anv corporation, partnership, or other business entity or any political party, affiliated partv committee, political committee, committee ot continuous existence, or electioneering communications organization Is conVicted of knOWingly and willfully violating any provision punishable under this paragraph, it shall be fined not less than $1,000 and not

more than $10,000. If it is a domestic entity, it mav be ordered dissolved by a court of competent iurtsdiction; if it is a foreign or nonresident business entity, its right to do business in this state mav be forfeited. Any officer, partner, agent, attorney, or other representatiVe of a corporation, partnership,

or other business entity, or of a political party, affiliated partv committee, political committee, commlttee of continuous existence, electiooeenng communfcations organization, or orgamzatlon exempt from taxation under s. 527 or s. 501 (c)(4) of the Internal Revenue Code, who aids, abets, advises, or participates in a violation ot any provision punishable under this paragraph commits a misdemeanor of the first degree, punishable as provided ins, 775.082 or s. n5.083.

fb) Any person who knoWingly and wiUfuUv makes or accepts two or more contributions in violation

.c::> of subsection (1) or subsection (5) commits a felony of the third degree, punishable as provided in s.

.C) n5.082, s. 775.083, or s. 775.084. If anv corporation, partnership, or other business entitv or anv 0 political party, affiliated partv committee, political committee, committee of continuous existence, or C') electioneering communications organization is conVicted of knOWingly and willfutlv Violating any

f\-.) provision punishable under this paragraph, it shalt be fined not less than $10,1XXl and not more than 00 $50,000. If it Is a domestic entity, it may be ordered dissolved bv a court of competent jurisdiction; if it

is a foreign or nonresident business entity, its right to do business in this state mav be forfeited. Arw officer, partner, agent, attorney, or other representatiVe of a corporation, partnership, or other business entity, or of a political committee, committee ot continuous existence, potiticat party, affiliated partv committee, or electioneering commumcations organization, or organization exempt from taxation under s. 527 or s. 501 (c){4) of the Internal Revenue Code, who aids, abets, advises, or

participates in a violation of any provision punishable under this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. n5.084.

(8) Except when otherwise provided in subsection (7), any person who knoWingly and willfultv

violates any provision of this section shall, in addition to anv other penalty prescribed bv this chapter, pay to the state a sum equal to tWice the amount contributed in violation of this chapter. Each campaign treasurer shall pav au amounts contributed in violation of this section to the state for deposit in the General Revenue fund.

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(9) This section does not apply to the transfer of funds between a primaiV campaign depository and a saVings account or certificate of deposit or to any interest earned on such account or certificate.

{10) Contributions to a political committee or committee of continuous existence may be receiVed bv an affiliated organization and transferred to the bank account of the political commlttee or committee of continuous existence Via check written from the affiliated organization if such contributions are specifically identified as intended to be contributed to the political committee or

committee of continuous eXistence. All contributions received in this manner shall be reported pursuant to s. 106.07 bv the political committee or committee of continuous existence as haVing been made by the original contributor.

Hlstorv.-s. 8, ch. 73·128; s. 6, ch. 74·200; s. 1, ch. n-174; s. 48, ch. n·175; s. i, ch. 78·403; s. 9, ell. 79·365; s. 5, ch. 79

·378; s. 7, ch. 85·226; s. 4, ell. 86·134; s. 12, ell. 89·2S6; ss. 33, 46, ell. 90·315; s. 9, ch. 90-3l8; s.11, ch. 91·107; s. 642, ch. 95·147; s. 3, en. 97·13; s. 8, ch. 99·355; s. 27, ch. 2002·11; s. 3, ch. 2002·197; s. 1, ch. 2002·281; s. 68, ch. 2005·2n; s. 46,

ell. 2005·278; s. 25, ch. 2005·286; s. i, ch. 2005·360; s. 9, ch. 2006·300; s. 44, ch. 2007·30; s. 26, ch. 2010.167; ss. 14, 30, ch. 2011·6; s. 62, ch. 2011·40; HJR 710S, 2011 Regular Session; s. 8, ch. 2012·5,

106.087 Independent expenditures; contribution limits; restrictions on political parties, political committees, and committees of continuous existence.-

(1 )(a) As a condition of receiVing a rebate of filing tees and party assessment funds pursuant to s. ,..-99.061(2), s. 99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or treasurer of a state or countv

executive committee shall take and subscribe to an oath or affirmation In writing. Duling the qualifying period for state candidates and prior to distribution Of such funds, a printed copy of the oath or affirmation shaU be filed with the Secretary of State and shalt be substantiallv in the follOWing form:

State of Florida Countv of

Before me, an officer authortzed to administer oaths, personaltv appeared creme> , to me welt known, who, being sworn, savs that he or she iS the .J!!!!&.. of the <name of party! <state or soeclfled county! executive committee; that the executive committee has not made, either directlv or indirectly, an independent expenditure in support of or opposition to a candidate or elected public official in the prior 6 months; that the executiVe committee witt not make, either directly or Indirectly, an independent expenditure in support Of or opposition to a candidate or elected public official, through and including the upcoming general election; and that the executive committee will not violate the contribution limits applicable to candidates under s. 106.08(2), Florida Statutes.

/Sk!natl.ll'e of_comn'\lttee offlcetl

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Swom to and subscribed before me this day of , ~ at County, Florida. f$lg<),Wrf ;m;l tit If: of officer !!dmlnigerino M!hl

(b) Any executive committee found to have violated the provisions ot the oath or affirmation in this section prior to receiving funds shall be meligible to receive the rebate tor that general election year.

(c) Any executive committee found to have violated the provisions of the oath or affirmation in this section after receiving funds shall be ineligible to receive the rebate from candidates qualifvlng tor the folloWing general election cvcte.

(d) Am funds not distributed to the state or county executive committee pursuant to this section shall be deposited into the General Revenue Fund of the state.

(2)(a) Any political committee or committee of continuous existence that accepts the use of public tunds, equipment, personnel, or other resources to coHect dues from its members agrees not to make

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Independent expenditures in support of or opposition to a candidate or elected public official. However, expenditures may be made for the sole purpose of jo!ntlv endorsing three or more candidates.

(b) Any political committee or committee of continuous existence that violates this subsection is liable for a civil fine of up to $5,000 to be determtned bv the Florida Elections Comm1ss1on or the entire amount of the expenditures, whichever is greater.

Htstory.-s. 5, ch. 97-1l; s. 14, ch. 99-6.

106.088 Independent expenditures; contribution limits; restrictions on affiliated party commlttees.-

(1) As a condition ot receiving a rebate ot party assessments under s. 103.121(1)(b), the leader or

treasurer of an affitiated partv committee as defined in s. 103.092 shalt take and subscribe to an oath or affirmation in writing. During the qua!ifving peliod for state candidates and prior to distribution of such funds, a printed copy of the oath or affirmation shall be filed with the SecretaiV of State and shall be substantially in the folloWing form:

State of florida County of

Before me, an officer authorized to administer oaths, personally appeared 1name1 , to me well known,

who, being sworn, savs that he or she 1s the ...nllitl.., of the <name ot oartyJ <name of chamber! affiliated party committee; that the affiliated partv committee has not made, either directlv or indirectly, an Independent expenditure tn support ot or opposition to a candidate or elected public official in the pnor 6 months; that the affiliated party committee will not make, either directly or indirectly, an independent expenditure in support of or opposition to a candidate or elected pubtic offidal, through and including the upcoming general election; and that the affiliated partv committee will not viotate the contribution limits applicable to candidates under s. 106.08(2), Florida Statutes.

Sworn to and subscribed before me this day of . ~at County, Florida.

@nature of CO!'!!!'!fttee officer!

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(2)(a) Any affiliated party committee found to have violated the provisions of the oath or

affinnauon prior to receiving funds shall be ineligible to receive the rebate tor that general election year.

(b) Anv affiliated party committee found to have violated the provisions of the oath or affirmation after receiving funds shalt be ineligible to receive the rebate from candidates qualifving tor the

following general election cvcle. (3) Anv funds not distributed to the affiliated party committee pursuant to this section shalt be

deposited into the General Revenue fund of the state. Hlstory.-ss. 15, 30, ch. 2011·6; HJR 7105, 2011 Regular Sessloo.

106.09 Cash contributions and contribution by cashier's checks.-(1 )(a) A person maY not make an aggregate cash contribution or contribution bv means of a cashier·s

check to the same candidate or committee in excess of $50 per election. (b) A person may not accept an aggregate cash contribution or contribution by means Of a cashier's

check from the same contributor in excess of $50 per election. (2)(a) Any person who makes or accepts a contribution in violation of subsection (1) commits a

misdemeanor of the first degree, punishable as provided in s. n5.082 or s. n5.083.

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(b) Any person who knOWingly and willfully makes or accepts a contribution in excess of $5,000 in violation of subsection (1) commits a felony of the third degree, punishable as provided In s. 775.082, s. 775.083, or s. 775.084.

Historv.-s. 9, ell. 73-128; s. 48, ch. 77·175; s. 2, ch. 2002·281; s. 45, ch. 2007·30; s. 63, ch. 2011·40.

106.11 Expenses of and expenditures by candidates and political commlttees.-Each candidate

and each political committee which designates a primary campaign depository pursuant to s. 106.021 (1)

shall make expenditures from funds on deposit in such primary campaign depository only in the foUoWing manner, with the exception of expenditures made from petty cash funds provided by s. 106.12:

(1 )(a) The campaign treasurer or deputy campaign treasurer of a candidate or political committee

shall make expenditures from funds on deposit in the primaiV campaign depository only by means of a bank check drawn upon the campaign account of the candidate or political committee. The campaign account shall be separate from any personal or other account and shall be used only tor the purpose of depositing contributions and making expenditures for the candidate or political committee.

(b) The checks tor such account shalt contain, as a minimum, the following information:

i. The statement " <name or candidate« oo(jtkal committee! Campaign Account." 2. The account number and the name of the bank. J. The exact amount of the expenditure. 4. The signature of the campaign treasurer or deputy treasurer.

5. The exact purpose tor which the expenditure is authorized. 6. The name of the payee. (2)(a) For purposes of this section, debit cards are considered bank checks, if: i. Debit cards are obtained from the same bank that has been designated as the candldate·s or

political committee-s primaiV campaign depository. 2. Debit cards are 1ssued in the name of the treasurer, deputy treasurer, or authorized user and

state " rname of candidate or political 'O!!'!J1ittee; Campaign Account." 3. No more than three debit cards are requested and issued. 4. The person using the debit card does not receiVe cash as part of, or independent of, any

transaction for goods or services. 5. All receipts for debit card transactions contain:

a. The last tour digits of the debit card number. b. The exact amount of the expenditure. c. The name of the pavee. d. The signature of the campaign treasurer, deputy treasurer, or authorized user. e. The exact purpose tor which the expenditure Is author1zed.

Anv information required bv this subparagraph but not included on the debit card transaction receipt may be handwritten on, or attached to, the receipt by the authorized user before submission to the treasurer.

(b) Debit cards are not subject to the requirements of paragraph (1)(b). (3) The campaign treasurer, deputy treasurer, or authorized user who signs the check shalt be

responsible tor the completeness and accuracy of the information on such check and for insuring that such expenditure is an authorized expenditure.

(4) No candidate, campatgn manager, treasurer, deputv treasurer, or political committee or anv officer or agent thereat, or any person acting on behalf of any of the foregoing, shall authorize anv expenses, nor shalt any campaign treasurer or deputy treasurer sign a check drawn on the primarv

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campaign account tor any purpose, untess there are sufficient tunds on deposit in the primary depositorv account of the candidate or political committee to pay the full amount of the authonzed expense, to

honor all other checks drawn oo such account, which checks are outstanding, and to meet aU expenses previously authorized but not vet paid. However, an expense mav be incurred for the purchase of goods or services if there are sufficient funds on deposit in the prima!V depositorv account to pav the full amount of the Incurred expense, to honor atl checks drawn on such account, which checks are

outstanding, and to meet all other expenses previouslv authorized but not vet paid, provided that payment for such goods or services is made upon final deliverv and acceptance of the goods or services; and an expenditure from pettv cash pursuant to the provisions ot s. 106.12 may be authorized, if there IS a sufficient amount ot monev in the pettv cash fund to pay tor such expenditure. Pavment tor credit card purchases shaU be made pursuant to s. 106.125. Anv expense incurred or authorized in excess of

such funds on deposit shall, in addition to other penalties provided bv law, constitute a violation of this chapter. As used in this subsection, the term "sufficient funds on deposit in the pnmarv deposito!V account of the candidate or political committee» means that the funds at issue have been delivered for deposit to the financial institution at which such account is maintained. The term shall not be construed to mean that such funds are available for withdrawal in accordance with the deposit rules or the funds

availability policies of such financial institution. (5) A candidate who withdraws his or her candidacy, becomes an unopposed candidate, or 1s

etfmlnated as a candidate or elected to office mav expend funds from the campaign account to: (a) Purchase uthank vou" advertising for up to 75 davs after he or she withdraws, becomes

unopposed, or is eliminated or elected. {b) Pay for items which were obligated before he or she withdrew, became unopposed, or was

eliminated or elected. {c) Pav for expenditures necessary to close down the campaign office and to prepare final campaign

reports. (d) Dispose of surplus funds as provided ins. 106.141. (6) A candidate who makes a loan to his or her campaign and reports the loan as required by s.

106.07 may be reimbursed for the loan at anv time the campaign account has sufficient funds to repav

O the loan and satisfy its other obligations. ~·, H1story.-s.11, ch. 73·128; s. 8, ch. 74-200; s. 48, ch. 77·175: s. 2, ch. 78·403; s. 10, ch. 79-365; s. 8, ch. 85-226; s. 13, ~ ch. 89-256; s. 14, ch. 91-107; s. 643. ch. 95-147; s. 25, ell. 2002-17; s. 4, ch. 2002-197; s. 64, ch. 2011·40.

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106.113 Expenditures by local governments.-(1) As used In this section, the term: (a) "Locat government» means: 1. A county, municipatity, school district, or other political subdivision in this state; and 2. Anv department, agency, board, bureau, district, commission, authority, or Similar body ot a

county, municipality, school district, or other political subdivision of this state. (b) "Public funds" means all monevs under the jurisdiction or control of the tocat government. (2) A local government or a person acting on behalf of tocat government mav not expend or

authorize the expenditure of, and a person or group may not accept, public funds for a political advertisement or electioneering communication concerning an issue, referendum, or amendment,

including anv state question, that is subject to a vote of the electors. This subsection does not applv to an electioneering communication from a local government or a person acting on behalf ot a local government which is timlted to factual information.

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(3) With the exception ot the prohibitions specified in subsection (2), this section does not preclude an elected official ot the local government trom expressing an opinion on anv issue at anv tlme.

Hlstorv.-s. 1, ch. 2009-125.

106.12 Pettv cash funds a\lowed.-(1) Each campaign treasurer designated pursuant to s. 106.021 (1) for a candidate or political

committee is authorized to withdraw from the pnmarv campaign account, until the close of the tast day tor qualifving tor office, the amount of $500 per calendar quarter reporting penod for the purpose of

providing a petty cash fund for the candidate or political committee. (2) FollOWing the close of the tast day for qualifying and until the last election in a given election

peliod in which the political committee participates, the campaign treasurer of each political committee 1s autholized to withdraw the following amount each week from the plima!V depository campaign account for the purpose of providing a petty cash fund for the political committee, and,

folloWing the close of the last dav tor qualifying and until the election at which such candidate Is etiminated or elected to office, or the time at which the candidate becomes unopposed, the campaign treasurer of each candidate is authorized to withdraw the follOWing amount each week from the plimarv depository campaign account for the purpose of providing a petty cash fund for the candidate:

(a} For all candidates for nomination or election on a statewide basis, $500 per week.

(b) For aU other candidates and all political committees, $100 per week. (3) The petty cash fund so provided shall be spent ontv In amounts less than $100 and only tor office

supplies, transportation expenses, and other necessities. Pettv cash shall not be used for the purchase of time, space, or services trom communications media as defined ins. 106.011(13).

Hlstorv.-s. 12, ch. 73-128; s. 48, ch. n-175; s. 9, ch. 85·226; s. 5, ch. 2002·197.

106.125 Credit cards; conditions on use.-Anv candidate for statewide office or any political committee created to support or oppose anv candidate tor statewide office or to support or oppose anv statewide 1ssue mav obtain, and use in making travel-related campaign expenditures, credit cards. The

obtention and use ot credit cards bv anv such candidate or political committee shall be subject to the folloWing conditions:

(1) Credit cards mav be obtained onlv from the same bank which has been designated as the

candidate's or political committee·s pnma!V campaign depository. (2} Credit cards shatl be in the name of the candidate or political committee and shalt refiect that

the account is a campaign account. (3) Before a credit card mav be used, a copy ot the agreement or contract between the candidate

and the bank, or the political committee and the bank, and a list of all persons who have been authorized to use the card shaU be fited with the Secretarv of State.

(4) All credit cards 1ssued to candidates or political committees shall expire no later than midnight

of the last dav of the month of the general election. (5) Each statement rendered by the issuer of a credit card shall be paid upon receipt. (6) Campaign travel-related expenditures shall include transportation, lodging, meats, and other

expenses incurred in connection with traveling tor campaign purposes.

This section shatl not be deemed to preclude the use of advance payments by a check drawn on the

primarv depositorv account for travel-related expenses. The treasurer shall require an accounting of actual expenses and reconcile anv overpayment or underpavment to the original pavee.

Hlstory.-s. 11, ch. 79-365; s. 2, ch. S0-134.

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106.14 Utlllttes; deposits; pnor authoriZation.-(1) Utility companies providing utilities se!Vices to a candidate or potitical committee shall charge a

deposit sufficient to meet all anticipated charges during a billing period. (2) Authorization and payment for utilities used during the billing period must be made bv the

candidate or political committee when the bill is received from a utili tv companv. History.-:;. 14, ch. 73·128; s. 48, ch. n-115; s. 5, ch. 78·403; s.. 59, ch. 79+400; s. 2, ch. 85·63; s. 14, ch. 89-256.

106.1405 Use of campaign funds.-A candidate or the spouse of a candidate may not use funds on

deposit in a campaign account of such candidate to delrav nonnal living expenses for the candidate or the candidate's (amity, other than expenses actuatlv incurred for transportation, meals, and lodging by

the candidate or a family member during travel in the course of the campaign. Hlstory,-s. -49, ch. n-175; s. 53, ch. 81·259; s. 644, ch. 95·147; s. 10, ch. 97-13.

106.141 Disposition of surplus funds by candidates.-(1) Each candidate who withdraws his or her candidacy, becomes an unopposed candidate, or is

eliminated as a candidate or elected to office shall, within 90 days, dispose of the funds on deposit in his or her campaign account and file a report reflecting the disposition ot aU remaining funds. SUch candidate shalt not accept any contributions, nor shalt any person accept contributions on behatf of such candidate, after the candidate withdraws his or her candidacy, becomes unopposed, or is eliminated or elected. However, lf a candidate receives a refund check after all surplus funds have been disposed of, the check may be endorsed bv the candidate and the refund disposed of under this section. An amended report must be filed shoWing the refund and subsequent disposition.

(2) Ally candidate required to dispose of funds pursuant to this section may, prior to such

disposition, be reimbursed by the campaign, in full or in part, for any reported contribuUons bv the candidate to the campaign.

(3) The campaign treasurer of a candidate who withdraws his or her candidacy, becomes unopposed,

or is eliminated as a candidate or elected to office and who has funds on deposit in a separate interest· bearing account or certificate of deposit shall, within 7 davs after the date of becoming unopposed or

c:> the date of such withdrawal, elimination, or election, transfer such funds and the accumulated interest c.:.:; earned thereon to the campaign account of the candidate tor disposal under this section. However, if O the funds are in an account in which penalties will apply for withdrawal within the 7-day period, the C) campaign treasurer shall transfer such funds and the accumulated interest earned thereon as soon as the "'-) funds can be withdrawn without penalty, or within 90 days after the candidate becomes unopposed, +--"withdraws his or her candidacy, or is eliminated or elected, whichever comes first.

(4){a) Except as provided in paragraph (b), anv candidate required to dispose of funds pursuant to

this section shalt, at the option ot the candidate, dispose of such runds bv anv ot the follOWing means, or any combination thereof:

i. Return pro rata to each contributor the funds that have not been spent or obligated. 2. Donate the funds that have not been spent or obligated to a charitable orgamzation or

organizations that meet the qualifications of s. 501(c)(3) of the Internal Revenue Code. 3. Give the funds that have not been spent or obligated to the affiliated partv committee or political

party of which such candidate is a member. 4. Give the funds that have not been spent or obligated:

a. In the case of a candidate for state office, to the state, to be deposited in either the 1Election Campaign Financing Trust Fund or the General Revenue Fund, as designated bv the candidate; or

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b. In the case of a candidate for an office of a political subdivision, to such political subdivision, to be deposited in the general fund thereof.

(b) Any candidate reqUired to dispose of funds pursuant to this section who has received contributions pursuant to the Rorida Election campaign Financing Act shaU, after all monetary commitments pursuant to s. 106.11(5)(b) and (c) have been met, return all surplus campaign funds to the General Revenue Fund.

(5) A candidate elected to office or a candidate who will be elected to office by virtue of his or her being unopposed may, in addition to the disposition methods provided in subsection (4), transfer from the campa1gn account to an office account anv amount of the funds on deposit in such campaign account

up to: (a) Twenty thousand dollars, for a candidate for statewfde office. The Governor and Lieutenant

Governor shall be considered separate candidates for the purpose of this section. (b) Five thousand dollars, for a candidate for multicounty office. (c) Five thousand dollars multiplied bv the number of years In the term ot office for which elected,

for a candidate tor Legislative office. (d) Two thousand five hundred dollars multiplied by the number of years In the term of office for

which elected, for a candidate tor countv office or for a candidate 1n anv election conducted on less than a countywide basis.

{e) Six thousand doUars, tor a candidate tor retention as a justice of the Supreme Court. (f) Three thousand dollars, tor a candidate tor retention as a _tudge of a district court of appeal. (g) One thousand five hundred dollars, tor a candidate for county court tudge or circuit judge.

The office account established pursuant to this subsection shaU be separate trom any personal or other

account. Any funds so transferred by a candidate shall be used only for legitimate expenses in connection with the candldate·s public office. Such expenses mav include travel expenses Incurred by

the officer or a staff member, personal taxes payable on office account funds bv the candidate or elected public official, or expenses incurred in the operation of his or her office, including the emplovrnent of additional staff. The funds mav be deposited in a saVings account; however, all deposits, withdrawals, and interest earned thereon shall be reported at the appropriate reporting period. If a candidate JS reelected to office or elected to another office and has funds remaining in his or her office account, he or she mav transfer surplus campaign funds to the office account. At no time may the funds in the office account exceed the limitation tmposed bv this subsection. Upon Leaving public office, anv person who has funds in an office account pursuant to this subsection remaining on deposit shall give

such funds to a charitable organization or organizations which meet the requirements of s. 501 (c){3) of the Internal Revenue Code or, in the case of a state officer, to the state to be deposited in the General Revenue Fund or, ln the case ot an officer of a political subdivision, to the political subdivision to be deposited in the general fund thereof.

(6) Prior to disposing of funds pursuant to subsection (4) or transferring funds Into an office account pursuant to subsection (5), any candidate who filed an oath stating that he or she was unable to pay the election assessment or fee tor verification of petition signatures without imposing an undue burden on

his or her personal resources or on resources othe!Wlse available to him or her, or who filed both such oaths, or who qualified by the petition process and was not reqUired to pay an election assessment, shaU re1mburse the state or local governmental entity, whichever is applicable, for such waived assessment or fee or both. Such re1mbursement shalt be made first tor the cost of petition verification and then, if tunds are remaining, tor the amount of the election assessment. If there are Insufficient funds in the

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account to pay the futl amount of either the assessment or the fee or both, the remaining funds shalt be

disbursed in the above manner until no funds remain. All funds disbursed pursuant to this subsection

shall be remitted to the qualifving officer. Any reimbursement tor petition verification costs which are

reimbursable bv the state shall be forwarded by the qualifying officer to the state tor deposit in the General Revenue Fund. All reimbursements for the amount of the election assessment shalt be

forwarded by the qua!ifving officer to the Department of State for deposit in the General Revenue Fund.

(7)(a) Anv candidate required to dispose of campaign tunds pursuant to this section shall do so within the time required bv this section and shall, on or before the date bv which such disposition is to

have been made, file with the officer with whom reports are requ1red to be filed pursuant to s. 106.07 a

form prescribed by the Division of Elections listing: i. The name and address Of each person or unit of government to whom any of the funds were

distributed and the amounts thereof; 2. The name and address of each person to whom an expenditure was made, together with the

amount thereof and purpose therefor; and 3. The amount of such funds transferred to an office account by the candidate, together with the

name and address of the bank in which the office account ls located.

Such report shalt be signed bv the candidate and the campaign treasurer and certified as true and

correct pursuant to s. 106.07. (b) The filing officer shalt notify each candidate at least 14 davs before the date the report is due.

(c) Any candidate failing to file a report on the designated due date shall be subject to a fine as

provided ins. 106.07 for submitting late termmation reports. (8) Arly candidate elected to office who transfers surplus carnpa1gn funds into an office account

pursuant to subsection (5) shall fite a report on the 10th day follOWing the end of each calendar quarter

until the account Is closed. Such reports shall contain the name and address of each person to whom anv disbursement of funds was made, together with the amount thereof and the purpose therefor, and the

name and address of any person from whom the elected candidate received any refund or

reimbursement and the amount thereof. Such reports shall be on forms prescribed bv the Division of <::) Elections, signed by the elected candidate, certified as true and correct, and filed with the officer with

C) whom campaign reports were filed pursuant to s. 106.07(2).

0 (9) Anv candidate, or any person on behalf of a candidate, who accepts contributions after such

a candidate has withdrawn his or her candidacy, after the candidate has become an unopposed candidate, C,...) or after the candidate has been eliminated as a candidate or elected to office commits a misdemeanor

f\..) ot the first degree, punishable as provided in s. 775.082 or s. 775.083. (10) Any candidate who 1s reqUired by the provisions of this section to dispose of funds in his or her

campaign account and who fails to dispose of the funds in the manner provided in this section commits a

misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Hl$t0f'Y.-S. :iO, ch. 77·175; s. 6, ch. 79·378; s. 60, ch. 79·400; s. 2, ch. 80-292; s. 54, ch. 81·259; s. 28, ch. 81·304; s. i,

ch. 82·404; s. l8, ch. 84·302; s. 10, ch. 85·226; s. 2, ch. 86-7; s. 2, ch. 86-276; s. 11, ch. 87·363; s. 15, ch. 89·256; s. 34, ch. 90·315; s. 15, ch. 91-107; s. 645, ch. 95·147; ss. 15. 16. 53, ch. 97·13; s. 6, ch. 2002·197; s. 20, ch. 2004·252; s. 70, ch. 2005·

277; ss. 16, 30, ch. 2011·6; s. 65, ch. 2011·40; HJR 7105. 2011 Regutarse5sl00. 1Not&.-The tru$t fund expired, effective November 4, 1996. bvoperatlOO of s. 19(f), Art, Ill of the State Constitution.

106.143 Political advertisements circulated prior to election; requirements.-(1 )(a) Any political advertisement that is paid for bv a candidate, except a write-in candidate, and

that Is published, displayed, or circulated before, or on the dav ot, anv election must prominentlv state:

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1. "Po!iticat advertisement paid for and approved by INrn!" of gndicfatel , joarty Mfilg.trnj , for~

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2. "Paid by lrwneotand!Mtel, rmrtyaffillatlonl, tor foft!cewushtl ."

(b) Any political advertisement that is paid for by a write·ln candidate and that is published, displaved, or ctrculated before, or on the day of, any election must prominentlv state:

1. "Political advertisement paid for and approved by IM!T!@ or candidate! • write· in candidate, for

foffli:e sought! "; or

2. "Paid by <!li!!DPof 0nd!Mtel , write-in candidate, for l!'!ffice:sooght) • "

(c) Any other political advertisement published, displayed, or circulated before, or on the dav of,

any election must prominently: 1. Be marked "paid political advertisement" or with the abbreVIation "pd. pol. adv."

2. State the name and address of the persons paVIng for the advertisement.

3. State whether the advertisement and the cost of production is paid for or provided in kind bv or at the expense of the entity publishing, displaying, broadcasting, or circulating the political

advertisement. (d) Any political advertisement made pursuant to s. 106.021(3)(d) must prominently state the name

and address of the political committee or political party paying for the advertisement. {2) Political advertisements made as In-kind contributions from a political partv must prominentlv

state: "Paid political advertisement paid for in-kind by IMme ofpo!ltfeat partvl • Approved by rname of wrwn pany affitiatlon and offli:e wusht ln the political adyertlsementl • ,.

(3) Any political advertisement of a candidate running tor partisan office shalt express the name ot the political party of which the candidate is seeking nomination or is the nominee. If the candidate for

partisan office is running as a candidate with no party affiliation, any political advertisement of the

candidate must state that the candidate has no partv affiliation. A political advertisement of a candidate running for nonpartisan office mav not state the candidate's political party affiliation. This

section does not prohibit a political advertisement trom stating the candidate's partisan-related

expenence. A candidate tor nonpartisan office iS prohibited from campaigning based on party

affiliation. (4) It is unlawful for anv candidate or person on behalf of a candidate to represent that any person

or organization supports such candidate, unless the person or organization so represented has given

specific approval in writing to the candidate to make such representation. However, this subsection does

not applv to: (a) Editorial endorsement bv anv newspaper, radio or television station, or other recognized news

medium. (b) Publication by a party committee advocating the candidacv of its nominees. (5)(a) Any political advertisement not paid for by a candidate, Including those paid for by a political

partv or affiliated party committee, other than an independent expenditure, offered on behalf of a

candidate must be approved in advance by the candidate. Such political advertisement must expresslv state that the content of the advertisement was approved by the candidate, unless the political

advertisement is published, displaved, or ctrculated in compliance with subparagraph (1 )(a)2., and must

state who paid for the advertisement. The candidate shall provide a written statement of authorization

to the newspaper, radio station, television station, or other medium for each such advertisement

submitted for publication, display, broadcast, or other distribution. {b) Any person who makes an independent expenditure tor a political advertisement shalt provide a

written statement that no candidate has approved the advertisement to the newspaper, radio station,

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television station, or other medium for each such advertisement submitted for publication, display,

broadcast, or other distribution. The advertisement must also contain a statement that no candidate has

approved the advertisement.

(6) No political advertisement of a candidate who IS not an incumbent ot the office tor which the

candidate is running shall use the word "re·elect." AdditionaUy, such advertisement must include the

word "for" between the candidate's name and the office for which the candidate is running, in order

that incumbencv IS not implied. This subsection does not apply to bumper stickers or items designed to

be worn by a person.

(7) Political advertisements paid for bv a political party or an affiliated partv committee mav use names and abbreviations as registered under s. 103.081 in the disclaimer.

(8) This section does not apply to novelty items haVing a retail value of $10 or less which support,

but do not oppose, a candidate or issue.

(9) Any political advertisement which is published, disptaved, or produced in a language other than

Engtish may provide the informauon required by this section in the language used in the advertisement.

(10) This section does not apply to anv campaign message or political advertisement used by a candidate and the candidate's supporters or bv a political committee if the message or advertfsement

is:

(a) Designed to be worn by a person.

(b) Placed as a paid link on an Internet website, provided the message or advertisement is no more

than 200 characters in length and the link directs the user to another Internet website that complies

with subsection (1 ). (c) Placed as a graphic or picture link where compliance with the requirements of this section 1s not

reasonably practical due to the size of the graphic or picture link and the link directs the user to

another Internet website that complies with subsection (1 ). {d) Placed at no cost on an Internet website for which there is no cost to post content for public

users. (e) Placed or distributed on an unpaid profile or account which is available to the public without

charge or on a social networking Internet website, as tong as the source of the message or advertisement Is patentlv clear from the content or format of the message or advertisement. A

candidate or political committee may prominently disptav a statement fndicating that the website or

account is an official website or account ot the candidate or political committee and is approved bv the

candidate or political committee. A website or account mav not be marked as official without prior

approval by the candidate or political committee.

(f) Distributed as a text message or other message Via Short Message Service, provided the message

is no more than 200 characters m length or reqUJres the recipient to sign up or opt in to receive it. (g) Connected with or included in any software application or accompanying function, provided that

the user signs up, opts ln, downloads, or otherwise accesses the application from or through a website

that complies with subsection (1 ).

(h) Sent bv a thlrd·party user from or through a campaign or committee·s website, provided the

website complies with subsection (1 ). (i) Contained in or distributed through anv other technology-related item, service, or deYJce for

which compliance with subsection (1) is not reasonably practical due to the size or nature Of such item,

service, or device as available, or the means of displaYing the message or advertisement makes

compliance with subsection (1) impracticable.

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(11) Any person who willfully violates any provision of this section is sub)ect to the civil penalties prescribed ins. 106.265.

Hlstory.-s. 8, ch. 26870, 1951; s.t, ch. 61-145; s. 21, ch. 65·379; s. 57, ch. 71-136; s. 30, ch. 73·128; s. 52, ch. 77·175; s.

30, ch. 81·304; s. 16, ch. 89·256; s. 35, ch. 90-315; s.16, ch. 91·107; s. 646, ch. 95-147; s. 17, ch. 97-13; s.18, ch. 99·318; s. ~. ch. 2004-252; s. 46, ch. 2007·30; s. 18, ch. 2010·167; ss. 17, 30, ch. 2011-6; s. 66, ch. 2011-40; HJR 7105,2011 Regular Session; s. 9, ch. 2012-5.

Note.-fomlers.104.37.

106.1435 Usage and removal of political campaign advertfsements.-

(1) Each candidate, whether tor a federal, state, county, or district office, shalt make a good faith

effort to remove all of his or her political campaign advertisements within 30 days after: (a) Withdrawal of his or her candidacy;

(b) HaVing been eliminated as a candidate; or

(c) Being elected to office.

However, a candidate 1s not expected to remove those political campaign advertisements which are in

the form of signs used bv an outdoor advertising business as provided in chapter 479. The provisions herein do not applv to political campaign advertisements placed on motor vehicles or to campaign

messages designed to be worn by persons.

(2) If political campaign advertisements are not removed within the specified period, the political

subdivision or governmental entitv has the authoritv to remove such advertisements and may charge the

candidate the actual cost tor such removal. Funds collected for remOVing such advertisements shalt be

deposited to the genera! revenue of the political subdivision.

{3) Pursuant to chapter 479, no political campaign advertisements shalt be erected, posted, pafnted,

tacked, nailed, or otherwise displayed, placed, or located on or above anv state or county road right-Of·

way.

(4} The officer before whom a candidate qualifies for office shall notifY the candidate, in writing, ot the provisions in this section.

(5) This provision does not preclude municipalities from imposing additional or more stringent

requirements on the usage and removal of political campaign advertisements. Hlstory.-s. l, ch. 84·221; s. 20, ch. 84·302; s. 14, ch. 87·224; s. 647, ch. 95·147.

106.1437 Miscellaneous advertisements.-Anv advertisement, other than a political

-,

advertisement, independent expenditure, or electioneering communication, on billboards, bumper

stickers, radio, or television, or in a newspaper, a magazine, or a periodical, intended to inftuence

public policv or the vote ot a public official, shalt dearly designate the sponsor of such advertisement by

including a clearlv readable statement of sponsorship. If the advertisement is broadcast on television,

the advertisement shall also contain a verbal statement of sponsorship. This section does not apply to an

editorial endorsement. For purposes of this chapter, an expenditure made tor, or in furtherance of, a

miscellaneous advertisement is not considered to be a contribution to or on behalf of a candidate, and

does not constitute an independent expenditure. Such expenditures are not subiect to the limitations

applicable to independent expenditures.

/-

History.-~. 36, ch. 90-315; s. 6, ch. 2004·252; s. 27, ch. 2010·167; ss. 18, 30, ch. 2011·6; s. 67, ch. 2011·40; HJR 7105, 2011 Regular Sessloo.

106,1439 Electioneering communications; disclafmers,-

(1) Any electioneering communication, other than a telephone call, shalt prominently state: "Paid

electioneering commumcation paid for by rna me: aoo i!d<!rt>« or 9"00'! My!ng fQ! too •:wv'!' .. nlcat!ool • "

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(2) Any electioneering communication telephone call shall identifv the persons or orgamzations

sponsonng the call by stating either: "Paid for by l~nsert ro!T!f m !?f:rjt'l!'!$ or orsant!atm <~?!?!'!Wing the caUl • "or "Paid for on behalf of !l!Kf!t n~gofproon< ot9fW!nl:zMW autt.onpno gill , "This subsection does not apply to

any telephone call In which the individual making the call is not being paid and the individuals

participating in the call know each other prtor to the catl. (3) Any person who fails to include the disclaimer prescribed in this section in anv electioneering

communication that is required to contain such disclaimer commits a misdemeanor ot the first degree, punishable as provided in s. 775.082 or s. 775.083.

Hl$tQfY,-s. 7, ch. 2004·2S2; s. 28, ch. 201G-167; ss. 19, 30, ch. 2011·6: HJR 7105, 2011 Regular Session.

106.147 Telephone solicitation; disclosure requirements; prohibitions; exemptions; penalties.

(1 )(a) Any telephone call supporting or opposing a candidate, elected public offidal, or ballot

proposal must identify the persons or organizations sponsoring the call bY stating either: "paid for by

" (insert name of persons or organizations sponsoring the call) or "paid for on behalf of " (insert name

of persons or organizations authorizing call). This paragraph does not apply to anv telephone call in

which both the individual making the cat! is not being paid and the individuals participating in the call

know each other prior to the call. (b) Anv telephone call conducted for the purpose of polling respondents concerning a candidate or

elected public official which is a part ot a senes of like telephone calls that consists of fewer than 1,000

completed calls and averages more than 2 minutes m duration is presumed to be a political poll and not

subject to the provisions of paragraph (a). (c) No telephone call shall state or imply that the caller represents any person or organization unless

the person or organization so represented has given specific approval in writing to make such

representation. (d) No telephone call shall state or imply that the caller represents a none>ctstent person or

organization. 0 (2) Any telephone call, not conducted by independent expenditure, which expresstv advocates for or

c::::' against a candidate or ballot proposal reqUJres prtor written authorization by the candidate or sponsor of

c::> the baltot proposal that the cat\ supports. A copy of such written authorization must be placed on file

C.~ with the quatifying officer bv the candidate or sponsor of the ballot proposal pnor to the time the calls

C.,.Jcommence. t+' (3)(a) Any person who willfully violates any provision of this section commits a misdemeanor of the

first degree, punishable as provided ins. 775.082 or s. 775.083,

(b) For purposes of paragraph (a), the term "person" includes anv candidate; anv officer of any

political committee, committee of continuous existence, affiliated party committee, or political partv

executive committee; anv officer, partner, attorney, or other representative of a corporation,

partnership, or other business entity; and any agent or other person acting on behalf of any candidate, potitical committee, committee of continuous existence, affitiated partv committee, political party

executive committee, or corporation, partnership, or other business entitv. Hlstoly,-s. 18, ch. 97·13; s. 31, ell. 2008-9S; s. 29, ell. 2010.167; $$. 20, 30, ch. 2011·6; HJR 7105,2011 Regular Session,

106.1475 Telephone solicitation; registered agent requirements; penalty.-(1) Any person or organization that conducts any business in this state which consists of making paid

telephone calls supporting or opposing anv candidate or elected public official must, prtor to conducting

such business, have and continuously maintain, for at least 180 days fotlowmg the cessation of such

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business activities in the state, a registered agent for the purpose of any service of process, notice, or

demand required or authorized bv law and must file with the division a notice of such registered agent. Such registered agent must be an individual who is a resident of this state, a domestic corporation, or a foreign corporation authorized to do business in this state. However, this subsection does not apply to

any person or orgamzation already lawfuttv registered to conduct business 1n this state.

(2) For purposes of this section, conducting business in this state as specified In subsection (1)

includes both placing telephone catls from a location in this state and placing telephone calls from a

location outside this state to Individuals located in this state. (3)(a) The division shall create and maintain forms for the notice required by subsection (1), which,

at a minimum, must elicit all of the fottowmg Information:

i. The name, address, and telephone number of the registered agent.

2. The name, address, and telephone number of the person or organization conducting business in this state as specified fn subsection (1).

{b) The person or organization conducting business in this state as specified in subsection (1) must

immediatelv notify the division of any changes in the information reqUired In paragraph (a).

(4) Arrj person or organization that violates this section commits a misdemeanor of the first degree,

punishable as provided ins. 775.082 or s. 775.083. Hlstory.-s. 19, ell. 97-13.

106.15 Certain acts prohibited,-

(1) No person shall pav money or give anYthing of value for the privilege of speaking at a poUtical

meeting In the furtherance of his or her candidacy, nor shatl anyone speaking for such a person pay

money or glve anvthing of value for such privilege. (2) No candidate, in the furtherance of his or her candidaCY tor nomination or election to public

office in any election, shalt use anY state-owned aircraft or motor vehicle, as provided in chapter 287,

solely tor the purpose of furthering his or her candidaCY. However, in the event a candidate uses any

state· owned aircraft or motor vehicle to conduct official state business and white on such trip performs anv functiQn in the furtherance of his or her candidaCY for nomination or election to public office in anv

election, the candidate shalt prorate the expenses incurred and reimburse the appropriate agency for anv trip not exclusively for state busmess and shall pav either a prorated share of all fixed and variable

expenses related to the ownership, operation, and use of such aircraft or one·half of the total fixed and

variable expenses related to the ownership, operation, and use of such aircraft, whichever is greater.

The reimbursement shalt be made from the campaign account of the candidate. (3) A candidate mav not, in the furtherance of his or her candidacy for nomination or election to

public office in anv election, use the services of anv state, county, municipal, or district officer or

emplovee during working hours. (4) No person shatl make and no person shall solicit or knOWingly accept any potitical contribution in

a building owned by a governmental entitv. For purposes of this subsection, ''accept" means to receive a

contribution by personal hand deliverv from a contributor or the contributor's agent. This subsection shall not apply when a government-owned building or any portion thereof is rented for the specific

purpose of holding a campaign fund raiser. (5) Airy person violating the provisions of this section commits a misdemeanor of the first degree,

punishable as provided ln s. n5.082 or s. 775.083. HistQI'Y.-s.15, ell. 73·128; s. 9, ch. 74-200; s.l, ch. 77·174; s. 54, ch, 77·175; s. 61, ch. 79-400; s. 31, ell. 81·304; s. 28,

ch. 83·217; s. 2, ch. 83-304; s. 16, ch. 91·45; s. 17, ch. 91-107; s. 648, ch. 95·147; s. 2, ch. 97·223; s. 7, ch. 2002·197.

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106.16 Llmltatton on certain rates and charges.-No person or corporation within the state

publishing a newspaper or other periodical or operating a radio or television station or network of

stations in Aorida shall charge one candidate for state or county public office tor political advertising in

a county, or for political broadcasts in a county, at a rate in excess of that charged another po!itical

candidate. Hhtory.-s.16, ch. 73-128; s. 55, ch. 77-175; s. 18, ch. 89-256.

106.161 Air time avallab\e at the lowest unit rate.-To the extent permitted bv federal taw, aU

broadcast radio and television stations and aU cable television stations shatl make alr time available to

candidates tor public office at the lowest unit rate. History.-~. 35, ch. 91-107.

106.165 Use of dosed capttoning and descriptive narrative in all television broadcasts.-Each

candidate, political party, affiUated partv committee, and political committee must use dosed

captioning and descriptive narrative in all television broadcasts regulated bv the Federal

Communications Commission that are on behalf of, or sponsored by, a candidate, political party,

affiliated party committee, or political committee or must file a written statement with the quatifving

officer setting forth the reasons tor not doing so. Failure to file this statement with the appropriate

qualifying officer constitutes a violation of the Aorida Election Code and is under the turisdiction of the

Aorida Elections Commission. Hl$toly,~. 7, ch. 2002-281; s. 71, ch. 2005-277; $$. 21, 30, ch. 2011·6; HJR 7105,2011 Regular session; s. 29, ch. 2012-

116. Hote,-Former s. 98.122.

106.17 Polls and surveys relating to candfdades.-Ailv candidate, political committee,

committee of continuous eXistence, electioneering communication organization, affiliated partv

committee, or state or county executive committee of a political partv mav authorize or conduct a

, potitlcat poll, survey, index, or measurement of any kind relating to candidaCY tor public office so long

as the candidate, political committee, committee of continuous existence, electioneering

0 communication organization, affiliated partv committee, or potiticat party maintams complete

C".::) julisdiction over the poll in aU its aspects. State and countv executive committees of a political party or

0 an affiliated party committee may authorize and conduct potiticat potts for the purpose of determining

<:::) the viability of potential candidates. Such pol! results may be shared with potential candidates, and

VJ expenditures incurred by state and countv executive committees or an affiliated partv committee tor

Ul potential candidate polls are not contributions to the potential candidates. Hl$toly,-s. 17, ch. 73-128; s. 1, ch. n-174; s. 56, ch. 77-175: s. 32, ch. 81-304; s. 47, ch. 2007-30; s. 30, ch. 201G-167; $$.

22, 30, ch. 2011-6; s. 68, ch. 2011·40; HJR 7105. 2011 Regular ~iOn.

106.18 When a candidate's name to be omitted from ba\\ot.-

(1) The name of a candidate shall not be printed on the ballot tor an election if the candidate is

convicted of violating s. 106.19. (2) Anv candidate whose name is removed from the ballot pursuant to subsection (1) is disqualified

as a candidate for office. If the disqualification of such candidate results in a vacancy in nommation,

such vacancy shall be fitted by a person other than such candidate fn the manner provided bv taw.

(3) No certificate of election shaH be granted to any candidate until aU preelection reports required

bv s. 106.07 have been filed in accordance with the provisions of such section. However, no candidate

shall be prevented from receiving a certificate of election tor failure to file anv copy ot a report

required by this chapter.

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Hlstorv.-s. 18, ch. 73-128; s. 57, ch. 77-175; s. 11, ch. 85·226; s. 37, ch. 90-315; s. 3, ch. 90-338.

106,19 Violations bv candidates, persons connected with campaigns, and political committees.

(1) Any candidate; campaign manager, campaign treasurer, or deputy treasurer of anv candidate;

committee chair, vice chair, campa1gn treasurer, deputy treasurer, or other officer of any political

committee; agent or person acting on behalf ot anv candidate or political committee; or other person

who knowingly and wil!fultv:

(a) Accepts a contribution in excess of the limits prescribed bv s. 106.08;

(b) Faits to report anv contribution requfred to be reported by this chapter;

(c) Falsely reports or deliberately faits to Include anv information required by this chapter; or

{d) Makes or authorizes anv expenditure in violation of s. 106.11 (4) or any other expenditure

prohibited bv this chapter;

IS gultty of a misdemeanor of the first degree, punishable as provided ln s. n5.082 or s. n5.083.

(2) Anv candidate, campaign treasurer, or deputy treasurer; any chair, vice chair, or other officer ot

any political committee; any agent or person acting on behalf of anv candidate or political committee;

or anv other person who violates paragraph (1)(a), paragraph (1)(b), or paragraph (1){d) shatl be subject

to a civil penalty equal to three times the amount involved in the illegal act. Such penalty may be in

addition to the penalties provided bv subsection (1) and shaH be paid into the General Revenue Fund of

this state.

(3) A political committee sponsoring a constitutional amendment proposed by initiative which

submits a petition form gathered bv a paid petition drcutator which does not provide the name and

address of the paid petition circulator on the form ls subject to the civil penalties prescribed In s.

106.265.

(4) Except as otherwise expresstv stated, the failure bv a candidate to complv with the requirements

of this chapter has no effect upon whether the candidate has qualified for the office the candidate Is

seeking. Hlstorv.-s.19, ch. 73-128; s. 57, ch. n·175; s. 62, ch. 79->100; s. 12, ch. 91-107; $, 649, ch. 95-147; $$. 24, 45, ch. 97·13;

s. 8, ch. 2002·197; s. 11, ch. 2006·300; s. 69, ch. 2011-40.

106,191 Signatures gathered for Initiative petition; effect of ch. 97-13.-Any signature gathered

on an authorized form tor an initiative petition bv a paid petition circulator which has been submitted

prior to the effective date of this act mav be kept and counted, lf otherwise valid, and that form Is not

required to have the name and address of the paid petition circulator, nor is any such signature affected

bv the prohibition against filing an undue burden oath in lieu of pay1ng the fee to have signatures

verified, as provided bv this act. However, anv signature gathered on or after the effective date of this

act is subiect to the provisions ot this act and, if payment is made to any person to solicit signatures

after the effective date of this act, an undue burden oath mav not be filed in lieu of paVIng the fee to

have signatures verified. In addition, anv initiative petition form approved bv the Secretarv of State

prior to the effectiVe date of this act mav continue to be circulated. HlstOl)'.-s. 25, ch, 97-13.

106.21 Certificates of election not to be tssued upon convictfon.-

(1) If a successful candidate IS convicted of violating s. 106.19(1) prior to the issuance of his or her

certificate of etection, such certificate shalt not be issued, and a vacancy shall be dectared and filled as

provided bv law.

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(2) If a successful candidate Is conVicted ot Violating s. 106.19(1) subsequent to the issuan<e of a certificate of election but prior to taking office, such certificate shall be rescinded bv the issumg bodv and declared void, and a vacancv in office shall exist and be filled as provided by taw.

Hlstory.-s. 21, ch. 73·128; s. 57, ch. 77-175; s. 650, ch. 95·147.

106.22 Duties of the Division of Electlons.-lt is the dutv of the Division of Elections to: (1) Prescribe forms tor statements and other mformation required to be filed by this chapter. Such

forms shall be furnished bv the Department of State or office of the supervisor of elections to persons required to file such statements and information with such agency.

(2) Prepare and publish manuals or brochures setting forth recommended uniform methods Of bookkeeping and reporting, and including appropriate portions of the election code, for use by persons required by this chapter to file statements.

(3) Develop a filing, coding, and cross·indeXing svstem consonant with the purposes of this chapter. (4) Preserve statements and other information required to be filed with the division pursuant to this

chapter for a period of 10years from date of receipt. (5) Prepare and publish such reports as it mav deem appropriate. {6) Make, from time to time, audits and field investigations with respect to reports and statements

filed under the proVIsions of this chapter and with respect to alleged failures to file any report or statement required under the provisions of this chapter. The division shaU conduct a postelection audit of the campaign accounts of aU candidates receiving contributions from the iEiection campaign FinanCing Trust Fund.

(7) Report to the Rorida Elections Commission anv failure to file a report or information reqUired bv this chapter or anv apparent violation of this chapter.

(8) Emptov such personnel or contract tor such services as are necessatV to adequatetv carrv out the intent of this chapter.

(9) Prescribe rules and regulations to carrv out the provisions of this chapter. Such rules shaU be prescribed pursuant to chapter 120.

(10) Conduct random audits with respect to reports and statements filed under this chapter and with

respect to alleged failure to file any reports and statements required under this chapter. Hlstory.-s. 22, ch. 73-128; s. 57, ch. n-115; s. 13, ch. 79·365; s. 4, ch. 84·254; s. 3, ch. 86·276; s. 9, ch. 90-338; s. 46,

ch. 97·13; s. 7, ch. 2001·75; s. n, ch. 2005·277. 'Note.-The trust fund expired, effective Nwe~ 4, 1996, by operation of s. 19(f), Art. 1!1 of the State Constitution.

106.23 Powers of the Division of Elections.-(1) In order to carry out the responsibilities prescribed by s. 106.22, the Division of Elections Js

empowered to subpoena and bring before its dulv authorized representatives any person in the state, or any person doing business in the state, or any person who has filed or 1s reqUired to have filed any application, document, papers, or other information With an office or agencv of thls state or a political subdivision thereof and to reqUire the production ot any papers, books, or other records relevant to anv investigation, including the records and accounts ot anv bank or trust company doing busmess in this state. Dulv authorized representatives of the division are empowered to administer aU oaths and affirmations ln the manner prescribed bv taw to Witnesses who shall appear before them concerning anv relevant matter. Should any witness fail to respond to the lawful subpoena of the division or, haVing responded, fall to answer aU Lawful inquiries or to turn over evidence that has been subpoenaed, the division may file a complaint before any CirCuit court of the state setting up such failure on the part of the Witness. On the filing of such complaint, the court shall take Jurisdiction of the Witness and the

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subject matter Of said complaint and shall direct the Witness to respond to all lawful Questions and to produce all documentary evidence in the Witness's possession which Is lawfullv demanded. The failure of anv Witness to comply with such order of the court shall constitute a direct and criminal contempt of court, and the court shalt punish said Witness accordingly. However, the refusal bv a witness to answer inquiries or turn over evidence on the basis that such testlmonv or material will tend to incriminate such Witness shall not be deemed refusal to comply With the provisions of this chapter.

(2) The Division of Elections shalt provide advlsorv opinions when requested by any supervisor Of elections, candidate, local officer haVlng election-related duties, political party, affiliated partv committee, political committee, committee of continuous eXIstence, or other person or organization engaged in political activity, relating to any proVIsions or possible violations of Rorida election taws with respect to actions such supervisor, candidate, local officer haVing election-related duties, political party, affiliated partv committee, committee, person, or organization has taken or proposes to take. Requests for advisory opinions must be submitted in accordance with rules adopted bv the Department of State. A written record Of aU such opinions issued by the division, sequentiattv numbered, dated, and indexed by subiect matter, shall be retained. A copy shall be sent to said person or organization upon request. Any such person or organization, acting ln good faith upon such an advisotV opinion, shaH not be subject to anv criminal penalty provided for in this chapter. The opinion, until amended or revoked, shall be binding on any person or organization who sought the opinion or with reference to whom the opinion was sought, unless material facts were omitted or misstated in the request tor the advisotV opinion.

Hlstory.-s. 23, ch. 73·128; s. 3, ch. 76·233; s. ss, ch. 77·175; s. 651, ch. 95·147; s. 47, ch. 97·13; s. s, ch. 2001·75; ss. 23, 30, ch. 2011·6; HJR 7105, 2011 Regular Session.

106.24 Florida Elections Commlsslon; membership; powers; duties.-(1 )(a) There is created within the Department of Legal Affairs, Office of the Attorney General, a

Rorida Elections Commission, hereinafter referred to as the commission. The commiSSion shall be a separate budget entity and the agency head for all purposes. The commission shalt not be subiect to control, supervision, or direction bv the Department of Legal Affairs or the Attorney General in the performance of its duties, inc\uding, but not limited to, personnel, purchasing transactions involving real or personal property, and budgetarv matters.

(b) The commiSSion shaU be composed of nine members. The President of the Senate, the Speaker of the House of Representatives, the minoritv leader of the Senate, and the minority leader of the House of Representatives shall each provide a list of six nominees to the Governor tor Initial appointment to the commission. The Governor mav appoint two members to the commission from each list. If the Governor refuses to appoint tv.ro members from anv of the respective lists, the Governor shalt so Inform the nominating officer and the nominating officer shall submit a new list of six nominees within 30 davs. The new list must contain at least three nominees not induded on the prior nomlnating list. The ninth commission member, who shall serve as chair of the commission, shall be appointed bv the Governor. Each member of the commission is subiect to confirmation bv the Senate. The chair of the commlsslon shall serve tor a maximum term of 4 vears, such term to run concurrentlv with the term of the appointing Governor and until a future successor Is appointed. Other members of the commission shall serve tor 4-year terms and untit their successors are appointed. An individual who 1s a lobbyist at the state or local government level may not serve as a member ot the commission, except that this prohibition shalt not applv to an individual who 1s a member of the commission on July 1, 2002, until the expiration of his or her current term. A member of the commission fs prohibited from lobbying state or local government white he or she is a member Of the commission, except that this prohibition shalt not

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apply to an individual who is a member of the commiSSiOn on Julv -L, 2002, until the expiration of his or

her current term. (c) As the tenns of members expire, excluding the chair, successors shall be appomted to 4-year

terms and shall serve until their successors are appointed. Six months prior to the expiration ot a commission member's term, the ranking officer of the political partv in the respective house originatlv nominating the commission member shall submit a list of three normnees to the Governor. The Governor may appoint one of the listed nominees to the comm1ssion. If no nominee IS selected from the list, the Governor shalt so inform the nominating officer, who shall submit a list of three different nominees to the Governor within 30 days. Vacancies on the commission shall expeditioustv be filled for the unexpired terms in the same manner.

{d) As the term of the chair of the commission expires or becomes vacant, a successor shatl be appointed in the manner of the original appointment, and shall serve for a maximum of 4 years, such term to run concurrently with the tenn of the appointing Governor and until a future successor is appointed.

(e) In no event mav anv member of the commission serve more than two full terms. Members of the commission shalt be paid travel and per diem as provided fn s. 112.061 while in performance ot their duties and in traveling to, from, and upon same. Of the nine members of the commission, no more than five members shall be from the same political partv at any one time.

(2) No member of the commission shall be a member of anv county, state, or national committee of a political party; be an officer in any partisan potlticat dub or organization; or hold, or be a candidate for, any other pubtic office. No person shall be appointed as a member of the comm1ssion who has held an elective public office or office In a political partv within the vear immediately preceding his or her appointment.

(3) The commission shalt convene at the call of its chair or at the request of a ma~ontv of the members of the commission. The presence of five members is required to constitute a quorum, and the affirmative vote of the majoritv of the members present is required for anv action or recommendatfon by the commission. The commission mav meet In anv citv of the state.

O (4) The commission shalt appoint an executive director, who shalt serve under the direction, c:; supervision, and control of the commission. The executive director, with the consent of the commission, O shalt employ such staff as are necessary to adequately perform the functions of the commission, within C) budgetary limitations. AU employees, except the executive director and attorneys, are subiect to part II C....J of chapter 110. The executive director shalt se~e at the pleasure of the comm~ssion and be subiect to ...;.,_j part Ill of chapter 110, except that the commissiOn shall have complete authontv tor setting the

executive director's salarv. Attornevs employed by the commiSSIOn shall be subject to part Vot chapter 110.

(5) Heartngs shalt be held before the commisSion, except that the chair mav direct that any hearing

be held before one member of the commission or a panel of less than the full commission. The commission shall adopt rules to provide tor the filing ot a report when heartngs are held bv a single commissioner or a panel, which rules shall prescribe the time for filing the report and the contents of the report.

(6) There is established ln the State Treasurv an Elections Comm1ssion Trust Fund to be used bv the

Florida Elections Commission in order to carrv out its dutfes pursuant toss. 106.24·106.28. The trust fund mav also be used by the Secretarv of State, pursuant to his or her authoritv under s. 97.012(14), to provide rewards for Information leading to criminal conVictions related to voter registration fraud, voter fraud, and vote scams.

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(7) The commission shall develop a budget request pursuant to chapter 216 annually. The budget Is not subject to change by the Department of legal Affairs or the Attorney Generat, but it shall be submitted by the Department of legal Affairs to the Governor tor transmittal to the legislature.

(8) The commission is authorized to contract or consult with appropriate agencies of state government for such professional assistance as may be needed in the discharge of its duties.

History.-~. 24, ch. 73-128; s. 10, ch. 74-200; s. 59, ch. 77-175; s. 63, ch. 79-400; s.1, ch. 82-46; s. 2, ch. 83·265; s.19, ch. 89·256; s. 36, ch. 89-338; s. 38, ch. 90-315; ss. 4, 14, 15, ch. 90-338; s. !1, ch. 91-429; s. i, ch. 93-262; s. 652, ch. 95-147; ~- 48, ch. 97·13; s. 3, ch. 2002-281; s. 69, ch. 2005·277; s. 32, ch. 2008·95; s. 5, ch. 2010..16.

106.25 Reports of alleged violations to Florida Elections Commission; disposition of findings.-(1) Julisdictlon to investigate and determine violations of this chapter and chapter 104 is vested In

the Florida Elections Commission; however, nothing in this section limits the )Urisdlctlon of anv other officers or agenCies of government empowered bv taw to investigate, act upon, or dispose of alleged violations of this code.

{2) The commission shall Investigate all violations of this chapter and chapter 104, but ontv after haVing received either a sworn complaint or information reported to it under this subsection by the Division of Elections. Such sworn complaint must be based upon personal information or intormatlon other than hearsav. Any person, other than the division, having information of any violation of this chapter or chapter 104 shall file a sworn complaint with the comm1ss1on. The commission shall investigate only those alleged violations spedficaltv contained within the sworn complaint. If anv complainant fails to allege aU violations that arise from the facts or allegations alleged in a complaint, the commission shall be barred from mvestlgating a subsequent complaint from such complainant that is based upon such facts or allegations that were raised or could have been raised in the first complaint. If the complaint includes allegations of violations relating to expense items reimbursed by a candidate, committee, or organization to the campaign account betore a sworn complaint Is filed, the commission shalt be barred from investigating such allegations. Such sworn complaint shall state whether a complaint of the same violation has been made to any state attorney. Within 5 davs after receipt of a sworn complaint, the comm1ss1on shall transmit a copy of the complaint to the alleged violator. The respondent shalt have 14 davs after receipt of the complaint to file an Initial response, and the executive director mav not determine the legal sufficiency of the complaint during that time peliod. If the executive director finds that the complaint is legally sufficient, the respondent shalt be notified of such finding bv letter, which sets forth the statutory provisions alleged to have been violated and the alleged factual basis that supports the finding. All sworn complaints alleging violations of the Florida Election Code over which the commission has iulisdiction shalt be filed with the commission within 2 years after the alleged violations. The penod of limitations Is tolled on the day a sworn complaint is filed with the commission. The complainant may withdraw the sworn complaint at anv time prior to a probable cause healing if good cause 1s shown. Withdrawal shalt be requested in writing, signed bv the complainant, and Witnessed bv a notary public, stating the tacts and Circumstances constituting good cause. The executive director shalt prepare a written recommendation regarding disposition of the request which shall be given to the commission together with the request. "Good cause" shall be determined based upon the legal sufficiency or insufficienCY of the complaint to allege a violation and the reasons given by the complainant for wishing to withdraw the complaint. If withdrawal is permitted, the commission must dose the investigation and the case. No further action may be taken. The complaint will become a public record at the time Of withdrawal.

(3) For the purposes of commission tUrisdiction, a violation shall mean the willful performance of an act prohibited bv this chapter or chapter 104 or the willful failure to perform an act required by this

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chapter or chapter 104. The commission mav not bv rule determine what constitutes willfulness or further define the term "willful" for purposes of this chapter or chapter 104. Wittfulness is a

detenn!natlon of fact; however, at the request of the respondent at anv time after probable cause is found, willfulness may be considered and determined in an Informal heating before the commission.

(4) The commission shall undertake a preliminary investigation to determme if the facts alleged in a sworn complaint or a matter initiated by the division constitute probable cause to believe that a violation has occurred.

(a) When the mvestigator's report is completed, the executive director shalt notify the respondent

that the report is completed and shall send to the respondent a copy of the investigator's report. The Investigatory flte and main complaint fite shall be open for inspection by the respondent and the respondent's counsel at that tlme, and copies may be obtained at no more than cost.

(b) The respondent shaU be given not tess than 14 davs trom the date ot mailing ot the investigator's report to file with the commission a Written response to the investigator's report. This time period mav be shortened with the consent of the respondent, or without the consent ot the respondent when the passage of time could reasonabtv be expected to render moot the ultimate disposition of the matter bv the commission so tong as reasonable notice under the circumstances is given.

(c) Counsel for the commission shall revietW the investigator's report and shall make a written recommendation to the commission for the disposition ot the complaint. If the counsel for the

commission recommends that the commission find probable cause, the recommendation shall include a statement of what charges shall be at issue. A copy of the recommendation shall be furnished to the respondent. The respondent shall be given not tess than 14 days from the date of mailing of the

recommendation of counsel for the commission to file with the commission a written response to the recommendation. This time period may be shortened with the consent of the respondent, or without the consent of the respondent when the passage of time could reasonably be expected to render moot the ultimate disposition of the matter by the comm1ssion, so tong as the recommendation 1s furnished to the respondent within a reasonable period of time under the Circumstances.

c:> (d) The respondent and each complainant, their counsel, and the counsel for the commission shalt

c::,) be permitted to attend the hearing at which the probable cause determination IS made. Notice of the 0 heating shall be sent to the respondent, each complainant, and counsel for the comm1ssion at least 14 0 days before the hearing. This time period may be shortened with the consent of the respondent, or C.,..) without the consent of the respondent when the passage of time could reasonably be expected to 00 render moot the ultimate disposition of the matter by the commiSSIOn, so tong as the notice is furnished

within a reasonable period of time under the circumstances. (e) The probable cause determination is the conclusion of the preliminarv mvestigation. The

respondent and the counsel for the commission shall be permitted to make btief oral statements tn the nature of oral argument to the commiSSion, based on the investigator·s report, before the probable cause determination. The commission's determination shalt be based upon the investlgaton report, the recommendation of counsel for the commission, the complaint, and staff recommendations, as weU as

any Written statements submitted bv the respondent and anv oral statements made at the hearing. No testimony or other evidence will be accepted at the hearing.

(f) At its meeting to determine probable cause, the commission mav continue its determination to

aUow further investigation; mav order the issuance of a public report of its investigation if it finds no probable cause to believe that there has been a viotation Of this chapter or chapter 104, concluding the matter before it; mav order a final, public hearing of the complaint if it finds probable cause to believe that there has been a violation of this chapter or chapter 104; or may take such other acuon as lt deems

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necessary to resolve the complaint, consistent with due process of taw. In making its determination, the commission mav consider:

i. The suffidency of the evidence against the respondent, as contained In the Investigator's report; 2. The admissions and other stipulations of the respondent, if any; ::. The nature and circumstances of the respondent's actions; 4. The expense of further proceedings; and 5. Such other factors as it deems material to its decision.

If the commission finds probable cause, the commission shall determine what charges shalt be at issue. (g) If no probable cause is found, the commiSSion shall dismiss the case and the case shall become a

matter of public record, except as othervlise provided in this section, together with a written statement of the findings of the prelimmarv investigation and a summary of the facts which the commission shall send to the complainant and the alleged violator. A finding of no probable cause by the commission iS a fu!t adjudication of all such matters. The commission may not charge a respondent in a subsequent

complaint alleging violations based upon the same actions, nonactlons, or circumstances wherein the commtssion found no probable cause.

(h) If probable cause is found, the commission shall so notify the complainant and the a!teged violator in writing. AU documents made or received in the disposition of the complaint shall become public records upon a finding bv the commission.

(i)1. Upon a commission finding Of probable cause, the counsel for the commission shalt attempt to reach a consent agreement With the respondent. At anv time, the commission may enter into a consent order with a respondent without requiring the respondent to admit to a violation of taw within the mrisdlctlon of the commission.

2. A consent agreement is not binding upon either party unless and until it is signed by the respondent and bv counsel for the commission upon approval bv the commission.

.3. Nothing herein shall be construed to prevent the commission from enterfng fnto a consent agreement with a respondent ptior to a commission finding of probable cause If a respondent indicates in writing a destre to enter into negotiations directed towards reaching such a consent agreement. Anv consent agreement reached under this subparagraph is subiect to the provisions of subparagraph 2. and shalt have the same force and effect as a consent agreement reached after the commission finding ot probable cause.

(j) If a consent agreement Is reached between the commission and the respondent, counsel for the commission shall send a copy of the s1gned agreement to both complainant and respondent.

In a case where probable cause is found, the commission shalt make a preliminary determination to consider the matter or to refer the matter to the state attorney for the judicial circuit in which the alleged violation occurred. Notwithstanding anv other provisions of this section, the commtsslon may, at its discretion, dismiSS anv complaint at any stage Of disposition if it determines that the public interest

would not be se!Ved by proceeding further, In which case the commission shall issue a pubtfc report stating with particularity its reasons for the dismissal.

(5) A person alleged bv the Elections Commission to have committed a violation of this chapter or chapter 104 mav elect, as a matter of right, within 30 davs after the date of the filing of the commission's allegations, to have a formal administrative hearing conducted by an administrative law iudge m the Division of Administrative Hearings. The administrative taw Judge fn such proceedings shalt enter a final order, which may include the imposition of dvil penalties, subject to appeal as provided in s. 120.68. If the person does not elect to have a hearing bv an administrative taw judge and does not

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elect to resolve the complaint bv a consent order, the person is entitled to a formal or informal healing conducted before the commission.

(6) It is the duty of a state attornev receiving a complaint ret erred bv the commission to investigate the complaint promptly and thoroughly; to undertake such climinal or civil actions as are Justified by law; and to report to the commission the results of such investigation, the action taken, and the

disposition thereof. The faiture or refusal of a state attornev to prosecute or to initiate action upon a

complaint or a referral by the commiSSion shaU not bar further action bv the commiSSIOn under this chapter.

(7) Every sworn complaint filed pursuant to this chapter with the commission, everv investigation and Investigative report or other paper of the commission with respect to a violation of this chapter or chapter 104, and every proceeding of the commission with respect to a violation of this chapter or chapter 104 is confidential, is exempt from the provisions of ss. 119.07(1) and 286.011, and is exempt from publication In the Aorida Administrative Weekly of anv notice or agenda with respect to anv proceeding relating to such violation, except under the following drcumstances:

(a) As provided in subsection (6); (b) Upon a determination of probable cause or no probable cause bv the commission; or {c) For proceedings conducted with respect to appeals of fines leVied by filing officers for the tate

filing of reports required by this chapter.

However, a complainant 1s not bound by the confidentialitv provisions of this section. In addition, confidentiality may be waived in writing bv the person against whom the complaint has been fi!ed or the Investigation has been initiated. If a finding of probable cause in a case is entered Within 30 davs pnor to the date of the election with respect to which the alleged violation occurred, such finding and the proceedings and records relating to such case shall not become public until noon of the dav folloWing

such election. When two or more persons are being investigated by the commiSSlon with respect to an alleged violation of this chapter or chapter 104, the commission may not publiclY enter a finding of probable cause or no probable cause In the case until a finding of probable cause or no probable cause

c:::> for the entire case has been determined. However, once the confidentiality of anv case has been W breached, the person or persons under investigation have the right to waive the confidentiatitv of the

case, thereby opening up the proceedings and records to the public. Any person who discloses any information or matter made confidential bv the provisions of this subsection commits a misdemeanor of

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the first degree, punishable as provided ins. 775.082 or s. 775.083. (8) Any person who files a complaint pursuant to this section white knoWing that the allegations

contained in such complaint are false or without merit commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 77S.083.

{9) The commission shall maintain a database of all final orders and agencv actions. Such database shalt be available to the public and shall be maintamed in such a manner as to be searchable, at a minimum, by issue, statutes, Individuals, or entities referenced.

Hlstorv.-•• 25, ch. 73-128; s. 11, ch. 74-200; s. 60, ch. 77·175; s. j, ch. 78-403; 5. i, ch. 82·46; s. 2, ch. 83-265; 5. 39, ch. 84·302; 5. 20, ch. 89-256; ss. ::., 14, 15, ch. 90-338; s. 21, ch. 90-360; s. 18, ch. 91·107; s. ::., ch. 91-429; 5. 26, ch. 96-406; s.

49, ch. 97·13; s. 34, ch. 98·129; s. 21, ch. 2004·252; s. 48, ch. 2007·30; s. 16, ch. 2010.167; s. 70, ch. 2011·40.

106.26 Powers of commission; r1ghts and responsibilltles of parties; findings by commlsslon.(1) The commission shall, pursuant to rules adopted and published in accordance with chapter 120,

consider all sworn complaints filed With it and all matters reported to it by the Division of Elections. In order to carry out the responsibilities prescribed by this chapter, the commission is empowered to

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subpoena and bling before it, or its duly authorized representatives, any person In the state, or anv person doing bosmess in the state, or any person who has filed or is required to have filed any application, document, papers, or other information with an office or agency of this state or a political subdivision thereof and to reqU1re the production of any papers, books, or other records relevant to anv investigation, including the records and accounts of anv bank or trust company doing business in this state. Duty authonzed representatives of the commission are empowered to administer aU oaths and

affirmations in the manner prescribed bv law to Witnesses who shall appear before them concerning anv relevant matter. Should any Witness fait to respond to the lawful subpoena of the commission or, haVing responded, fail to answer aU lawful inquiries or to turn over evidence that has been subpoenaed, the

commission may file a complaint in the circuit court where the witness resides setting up such failure on the part of the Witness. On the filing of such complaint, the court shall take ~unsdictlon of the Witness and the subject matter of said complaint and shalt direct the Witness to respond to all lawful questions and to produce aU documentarv evidence In the wltness·s possession which is tawfuttv demanded. The failure of any Witness to comply with such order of the court shalt constitute a direct and climinal contempt of court, and the court shalt punish said witness accordingly. However, the refusal by a Witness to answer inquiries or turn over evidence on the basis that such testimony or material will tend

to incriminate such witness shalt not be deemed refusal to comply with the provisions of this chapter. The sheriffs in the several counties shalt make such seiVice and execute all process or orders when required bv the commission. Sheriffs shall be paid for these services bv the commission as provided for in s. 30.231. AAy person who is served with a subpoena to attend a hearing of the commission also shall be served With a general statement lnformmg him or her of the subiect matter of the commission's

investigation or inquirv and a notice that he or she may be accompanied at the hearing by counsel of his or her own choosing.

(2) All Witnesses summoned before the commission, other than on the request of the subject of a

healing, shall receive reimbursement for travel expenses and per diem at the rates provided in s.

112.061. However, the fact that such reimbursement is not tendered at the time the subpoena Is served shalt not excuse the Witness from appearing as directed therein.

{3) Upon request of any person haVing business before the commission, and with the approval of a

majority of the commission, the chalr or, In the chair's absence, the Vice chair shall instruct all Witnesses to leave the hearing room and retire to a designated place. The Witness wilt be instructed by the chair or, in the chair's absen<:e, the Vice chair not to discuss his or her testimony or the testimony of anv other person with anvone until the hearing has been adiourned and the Witness discharged by the chair. The witness shall be further instructed that should any person discuss or attempt to discuss the matter under investigation with him or her after receiving such instructions the Witness shall bring such matter to the attention of the commission. No member of the commission or representative thereof mav discuss anv matter or matters pertinent to the subject matter under investigation with witnesses to be

called before the commission from the time that these Instructions are given until the hearing has been adiourned and the Witness discharged by the chair.

(4) The commission, when interrogating Witnesses as provided herein, shalt cause a record to be

made of all proceedings in which testlmonv or other evidence is demanded or adduced. This record shall

include rulings ot the chair, Questions of the commission and its counsel, testlmonv or responses of Witnesses, sworn written statements submitted to the commission, and all other pertinent matters. A witness at a hearing, upon his or her advance request and at his or her own expense, shalt be furnished a certified transcript of aU testimony taken at the hearing.

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(5) Before or during a hearing, any person noticed to appear before the commission, or the person's

counsel, mav file with the commission, tor incorporation into the record of the hearing, sworn written statements relevant to the purpose, subiect matter, and scope of the commission's investigation or inquiry. Any such person shall, however, pnor to filing such statement, consent to answer questions from the commission regarding the contents of the statement.

(6) Any person whose name is mentioned or who iS otherwise identified during a heanng being

conducted by the comm1ssion and who, in the opinion of the commission, mav be adverselv affected thereby may, upon his or her request or upon the request ot any member of the comm1ssion, appear personally before the comm1sslon and testifv on his or her own behalf or, with the commission's consent, file a sworn written statement of facts or other documentaiV evidence for incorporation into the record ot the hearing. Any such person shaU, however, pnor to fiting such statement, consent to

answer questions from the commission regarding the contents of the statement. (7) Upon the consent of a majoritv of its members, the commission may permit anv other person to

appear and testify at a heanng or submit a sworn written statement of facts or other documentarv evidence for Incorporation fnto the record thereof. No request to appear, appearance, or submission

shalt Limit in any wav the commlsslon·s power of subpoena. Anv such person shall, however, prior to filing such statement, consent to answer questions from the commlss1on regarding the contents of the

statement. (8) Airy person who appears before the commission pursuant to this section shall have au the rights,

privileges, and responsibilities ot a Witness appearing before a court of competent _iulisdictlon. (9) If the commission falls In anv material respect to complv with the requirements of this section,

any person subJect to subpoena or subpoena duces tecum who is in_1ured bv such failure shall be relieved of any requirement to attend the hearing tor which the subpoena was issued or, if present, to testifv or produce evidence therein; and such failure shall be a complete defense in any proceeding against such person for contempt or other punishment.

(10) Whoever willfullY affirms or swears fatsetv in regard to anv material matter or thing before the

commission shall be guiltv Of a felony of the third degree and punished as provided bv s. 775.082, s.

775.083, or s. 775.084. (11) At the conclusion of its hearings concerning an alleged violation, the commiss1on shall

immediatelv begin deliberations on the evidence presented at such hearings and shall proceed to determine by affirmative vote of a majoritv of the members present whether a violation of this chapter or chapter 104 has occurred, Such determination shalL prompttv be made public. The order shall contain

a finding of violation or no violation, together with brief findings of pertinent tacts, and the assessment of such civil penalties as are permitted by this chapter or no such assessment and shall bear the signature or facsfmite signature of the chair or Vice cha1r.

(12) The commission bv rule may determine violations which constitute minor offenses that can be

resolved without further investigation bv means ot a plea of nolo contendere and pavment of a fine. (13) The commission mav not issue advisory opinions and must, in aU its deliberations and decisions,

adhere to statutory law and advisory opinions of the division. History.-~. 26, ch. 73-128; s. 12, ch. 74·200; s. 60, ch. 77·175; s. 4, ch. 78·403; s. 64. ch. 79·400; s. i, ch. 82-46; s. 2, ch.

83·265; s. 21, ch. 89·2S6; ss. 6, 14, 15, ch. 90·338; s. 74, ch. 91·45; s. 5, ch. 91·429; s. 2, ch. 94·170; s. 1396, ch. 95·147; s. 50, ch, 97-13; s. 35, ch. 98·129; s. 71, ch. 2011-40.

106.265 Civil penalties.-(1) The commission or, In cases referred to the Division of Administrative Hearings pursuant to s.

106.25(5), the administrative Law judge is authorized upon the finding of a violation of this chapter or

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chapter 104 to impose civil penalties In the form of fines not to exceed $1,000 per count, or, if applicable, to impose a civil penalty as provided ins. 104.271 or s. 106.19.

(2) In determining the amount of such dvil penalties, the commission or administrative taw 1udge shall consider, among other mitigating and aggravating drcumstances:

(a) The gravity of the act or omission; (b) Any preVious hlstorv of similar acts or om1ss1ons;

(c) The appropriateness of such penalty to the financial resources of the person, political committee, committee of continuous eXlstence, affiliated partv committee, electioneering communications organization, or political party; and

(d) Whether the person, political committee, committee of continuous existence, affiliated party committee, electioneering communications organization, or political party has shown good faith in attempting to comply with the provisions of this chapter or chapter 104.

(3) If any person, political commlttee, committee Of continuous existence, affiliated party

committee, electioneering communications organization, or political party fails or refuses to pay to the commission anv civil penalties assessed pursuant to the provisions of this section, the commission shall be responsible for coltectfng the civil penalties resulting trom such actlon.

(4) Anv civil penalty collected pursuant to the provisions of this section shall be deposited into the General Revenue Fund.

(5) Anv fine assessed pursuant to this chapter shall be deposited into the General Revenue Fund. (6) In anv case m which the commission determines that a person has filed a complaint against

another person with a malicious Intent to in~ure the reputation of the person complained against by filing the complaint with knowledge that the complaint contains one or more false attegauons or with reckless disregard for whether the complaint contains false allegations of fact material to a violation ot this chapter or chapter 104, the complainant shall be Liable tor costs and reasonable attomev's fees incurred in the defense of the person complained agatnst, including the costs and reasonable attornev·s tees tncurred in proving entitlement to and the amount of costs and fees. If the complainant fails to pav such costs and fees voluntarilv within 30 days follOWing such finding by the commission, the commission shalt forward such information to the Department of legal Affairs, which shall bring a civil action in a court of competent iurisdiction to recover the amount of such costs and fees awarded bv the commlSSlOn.

Hlstory.-s. 6f, ch. 77·175; s. i, ch. 82·46; s. 2, ch. 83·265; s. 4, ch. 86·276; ss. 7, 14, 15, ch. 90·338; s. 5, ch. 91-429; s.

51, ch. 97·13; s. 36, ch. 98-129; s. 3, ch. 20CI0-3S5; s. 22, ch. 2004-252; ss. 24, 30, ch. 2011·6; s. n, ch. 2011-40; HJR 7105, 2011 Regular 5essioo.

106.27 Determinations by comm1sston; legal disposltfon.-(1) Criminal proceedings tor violations of this chapter or chapter 104 may be brought In the

appropriate court Of competent .1urisdiction. Anv such action brought under this chapter or chapter 104 shalt be advanced on the docket of the court in which filed and put ahead of all other actions.

(2) Civil actfons mav be brought by the commission tor relief, including permanent or temporaiV injunctions, restraining orders, or anv other appropriate order for the imposition of civil penalties provided bv this chapter. Such civil actions shalt be brought by the commission in the appropriate court ot competent _jurisdiction, and the venue shall be in the county In which the alleged violation occurred or in which the alleged violator or violators are found, reside, or transact business. Upon a proper showing that such person, political committee, committee ot continuous existence, affillated party committee, or political party has engaged, or is about to engage, In prohibited acts or practices, a

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permanent or temporarv lniunction, restraining order, or other order shalt be granted without bond by such court, and the civil fines provided bv this chapter mav be Imposed.

(3} Civil actions may be brought to enioin temporarilY the issuance of certificates of election to successful candidates who are alleged to have violated the provisions Of this chapter or chapter 104. Such injunctions shatllssue upon a shoWing of probable cause that such violation has occurred. Such actions shall be brought In the circuit court tor the circuit in which is located the officer before whom

the candidate qualified for office. HlstOI)'.-s. 27, dl. 73·128; s. 13, ch. 74·200; s. 62, dl. 77·115; s. 1, dl. 82·46; s. 2, ch. 83·265; ss. 8, 14, 15, dl. 90-338;

s. 5, ch. 91·429; s. 37, ch. 98-129; ss. 25, 30, dl. 2011-6; HJR 7105,2011 RegularSessiOO.

106.28 Umltation of actlons.-Actions for violation of this chapter must be commenced before 2 years have elapsed from the date of the violation.

HIStOI)'.-S. 28, dl. 73-128; s. 1, ch. 82·46; s. 2, ch. 83-265; s. 22, ch. 89·256; s. 14, ch. 90-338.

106.29 Reports by political parties and affiliated partv committees; restrictions on

contributions and expenditures: penalties.-(1} The state executive committee and each county executiVe committee of each political party and

any affiliated party committee regulated by chapter 103 shall file regular reports ot all contributions received and all expenditures made bv such committee. However, the reports shall not include contributions and expenditures that are reported to the Federal Election Commission. In addition, when

a special election Is catted to fill a vacancv in office, each state executive committee, each affiliated partv committee, and each county executive committee making contributions or expenditures to Influence the results of the special election or the preceding special primarv election must file campmgn treasurers' reports on the dates set by the Department of State pursuant to s. 100.111. Such reports shall contain the same information as do reports required of candidates bv s. 106.07 and shall be filed on the 10th day follOWing the end of each calendar quarter, except that, during the period from the last day for candidate qualifYing until the general election, such reports shalt be filed on the Fr1dav Immediately preceding each special prtmarv election, special election, pnmary election, and general election. In addition to the reports filed under this section, the state executive committee, each county

executive committee, and each affiliated partY committee shall file a copy of each pnor Written acceptance of an in·kind contribution given by the committee during the preceding calendar quarter as required under s. 106.08(6), Each state executive committee and affiliated partvcommittee shall file its reports with the Division of Elections. Each county executive committee shall fi!e its reports with the supervisor of elections in the county in which such committee exists. Any state or countv executive g committee or affiliated partv committee failing to file a report on the designated due date shall be

...:- subject to a fine as provided In subsecuon (3). No separate fine shall be assessed for failure to file a , copy Of any report requ1red bv this sect1on. ~ (2) The chair and treasurer of each state or countv executive committee shall certifv as to the

correctness of each report filed bv them on behalf of such committee. The leader and treasurer of each affiliated party committee under s. 103.092 shall certify as to the correctness ot each report filed bv them on behatf of such committee. Any committee chair, leader, or treasurer who certifies the correctness of any report white knowing that such report Is incorrect, false, or incomplete commits a felony of the third degree, punishable as provided ins. 775.082, s. 775.083, or s. 775.084.

(3)(a) Any state or county executive committee ot affiliated partv committee failing to file a report on the designated due date shall be subiect to a fine as provided in paragraph (b) for each late dav. The

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fine shall be assessed by the filing officer, and the moneys collected shall be deposited in the General Revenue Fund.

(b) Upon determining that a report is late, the filing officer shall immediately notify the chair of the executive committee or the leader of the affiliated party committee as defined ins. 103.092 as to the failure to file a report bv the designated due date and that a fine is being assessed for each late dav.

The fine shall be $1,000 for a state executive committee, $1,000 for an affiliated party committee, and $50 for a county executive committee, per dav tor each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, tor the pertod covered bv the late report. However, if an executiVe committee or an affiliated party committee fails to fite a report on the Friday fmmedlateiy

preceding the special election or general election, the fine shaH be $10,<X>O per dav tor each day a state

exerutiVe committee is tate, $10,000 per day tor each day an affiliated partv committee 1s late, and $500 per dav for each dav a countv executive committee is late. Upon receipt of the report, the filing officer shall detenmne the amount of the fine which is due and shall notify the chair or leader as

defined ins. 103.092. Notice 1s deemed complete upon proof of delivery of written notice to the mailing or street address on record with the filing officer. The filing officer shatl determine the amount of the fine due based upon the earliest of the foUOWlng:

i. When the report is actually received by such officer. 2. When the report iS postmarked. 3. When the certificate of mailing is dated. 4. When the receipt from an established courier company is dated. 5. When the electronic receipt issued pursuant to s. 106.0705 is dated.

Such fine shall be paid to the filing officer within 20 days after receipt of the notice of pavment due, unless appeal is made to the Florida Elections Commission pursuant to paragraph (c). An officer or member of an executiVe committee shall not be personallv liable for such fine.

(c) The chair or an executive committee or the leader ot an affiliated party committee as defined in s. 103.092 may appeal or dispute the fine, based upon unusual circumstances surrounding the failure to file on the designated due date, and may request and shall be entitled to a heanng before the Florida Elections Commission, which shall have the authoritv to waive the fine In whole or in part. 1w1 such request shall be made within 20 davs after receipt of the notice of pavment due. In such case, the chair

of the executive committee or the leader of the affiliated party committee as defined In s. 103.092 shall, within the 2Q-day period, notifv the filing officer in wrfting of his or her intention to bring the matter before the commission.

(d) The appropriate filing officer shalt notifv the Florida Elections Commission of the repeated late filing by an executive committee or affiliated party committee, the failure of an executive committee or affiliated partY committee to file a report after notice, or the failure to pav the fine imposed.

(4) Any contribution receiVed bv a state or county executive committee or affili~ted party committee less than 5 davs before an election shall not be used or expended in behalf of anv candidate, issue, affiliated partv committee, or political party participating in such election.

(5) No state or county executive committee or affiliated party committee, in the furtherance ot any candidate or political party, directly or Indirectly, shall give, pay, or expend anv money, give or pay anvthing of value, authorize anv expenditure, or become pecunlarilv liable for any expenditure prohibited bv this chapter. However, the contribution of funds by one executive committee to another or to established partv organizations tor legitimate party or campaign purposes is not prohibited, but aU such contributions shall be recorded and accounted for in the reports of the contributor and recipient.

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(6)(a) The national, state, and countv executive committees of a political partv and affiliated party committees may not contribute to any candidate anv amount in excess of the limits contained in s. 106.08(2), and all contributions required to be reported under s. 106.08(2) bv the national executive committee of a political party shall be reported bv the state executive committee of that political party.

(b) A violation of the contribution limits contained ins. 106.08{2) is a m1sdemeanor of the first

degree, punishable as provided ins. n5.082 or s. n5.083. A civil penattv equal to three times the amount in excess of the limits contained ins. 106.08(2) shall be assessed against any executive committee found in violation thereof.

History,-:;. 29, ell. 73·128; s. 14, ell. 74·200; s. 62, dl. n-175; s. 65, ch. 79--400; ss. 14, 33, dl. 81·304; s. 1, ch. 82-46; s. 13, ch. 82·143; s. 2, ch. 83·265; s. 40, ch. 84·302; s. 23, ch. 89-2~; s. 39, ch. 90·315; ss.10, 14, ch. 90-338; ss. 8, 12, ch. 91· 107; s. 3, ch. 95·140; s. 653, ch. 95·147; s. 8, ch. 97-13; ss. 23, 24, ch. 2004·252; s. 26, ch. 2005·286; s. 2, ch. 2005·360; ss.

26, 30, ch. 2011-6; s. 73, ch. 2011·40; HJR 7105, 2011 Regutarsessioo.

106.295 Leadership fund,(1) For purposes of this section: (a) "Leadership fund" means accounts comprised of any moneys contributed to a potitical party,

directtv or indirectly, which are designated to be used at the partial or total discretion ot a leader. (b) "Leader" means the President of the Senate, the Speaker of the House of Representatives, the

maJority leader and the minority Leader of each house, and any person designated by a political caucus of members of either house to succeed to anv such position.

{2) Leadership funds are prohibited in this state. No leader shalt accept any leadership funds. (3) This section appties to leadership funds in eXistence on or after January 1, 1990. Hbtory.-s. 24, ch. 89-256.

106.30 Short tltle.-Sectlons 106.30-106.36 mav be Cited as the .. Florida Election campaign Finandng Act."

History.-s. i, ch. 86·276.

106.31 Legislative Intent.-The Legislature finds that the costs of running an effective campa1gn 0 for statewide office have reached a level which tends to discourage persons trom becoming candidates C:.::: and to limit the persons who run for such office to those who are independentlY wealthy, who are 0 supported by political committees representing special interests which are able to generate substantial

0 campaign contributions, or who must appeal to special interest groups for campa1gn contributions. The ~ Legislature further finds that campaign contributions generated bv such political committees are haVlng N a disproportionate impact vls-a·Vis contributions from unaffiliated individuals, which leads to the

misperception of government officials unduly influenced by those special interests to the detriment ot the public interest. Furthermore, it is the intent of the Legislature that the purpose of public campaign

financing is to make candidates more responsiVe to the voters of the State of Florida and as msutated as possible from special interest groups. The Legislature intends ss. 106.30·106.36 to atleViate these factors, dispel the misperceptlon, and encourage qualified persons to seek statewide elective office who would not, or could not otherwise do so and to protect the effective competition bv a candidate who uses public funding.

Hlstory.--s. i, ch. 86·276; s. 67, ch. 2001·40.

106.32 !Election Campaign financing Trust Fund,-(1) There is herebv established in the State Treasurv an !Election Campaign Financing Trust Fund to

be utilized by the Department of State as provided in ss. 106.30·106.36. If necessary, each year in which

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a general election iS to be held for the election of the Governor and Cabinet, additional funds shall be transferred to the !Election Campaign FinanCing Trust Fund from general revenue in an amount sufficient to fund qualifving candidates pursuant to the provisions of ss. 106.30·106.36.

(2) Proceeds from filing fees pursuant toss. 99.092, 99.093, and 105.031 shall be deposited into the !Election Campaign Financing Trust fund as designated in those sections.

(3) Proceeds from assessments pursuant toss. 106.04, 106.07, and 106.29 shall be deposited into the

i£lection Campaign Financing Trust Fund as designated in those sections. Historv.-:o. i, ch. 86-276; s. 19, ch. 91·107.

'Note.-The trust fund expired, effective November 4, 1996, by operation of s. 19((), Art. Ill of the State Constitution.

106.33 Election campaign financing; eligibility,-Each candidate for the office of Governor or member ot the Cabinet who desires to receive contributions from the !Election campaign Financing Trust Fund shatl, upon qualifying for office, file a request for such contributions with the filing officer on torms provided bv the Division of Elections. If a candidate requesting contributions from the fund desires to have such funds distributed by electronic fund transfers, the request shaU include information necessary to implement that procedure. For the purposes of ss. 106.30·106.36, candidates for Governor and Lieutenant Governor on the same ticket shatl be considered as a single candidate. To be eligible to receive contributions from the fund, a candidate mav not be an unopposed candidate as defined in s. 106.011(15) and must:

.-,

(1) Agree to abide bv the expenditure limits provided ins. 106.34. (2)(a) Raise contributions as follows: i. One hundred fifty thousand doUars tor a candidate for Governor. 2. One hundred thousand dollars for a candidate for Cabinet office. (b) Contributions from individuals who at the time Of contributing are not state residents mav not be

used to meet the threshold amounts in paragraph (a). For purposes of this paragraph, any person validlv registered to vote in this state shall be considered a state resident.

(3) limit loans or contributions from the candidate's personal funds to $25,000 and contributions from national, state, and county executive committees of a political party to $250,000 in the aggregate,

which loans or contributions shall not qualifv for meeting the threshold amounts in subsection (2). (4) Submit to a postelection audit of the campaign account by the division. Historv.-s. 1, ch. 86·276; s. 40, ch. 90-315; s. 20, ch. 91·107; s. 68, ch. 2001--<0; s. 47, ch. 2005·278. iNote.-The trust fund expired, effective November 4, 1996, by operatioo of s. 19{f), Art. m of the State Constitution.

106,34 Expenditure limits.-(1) Any candidate for Governor and Lieutenant Governor or cabinet officer who requests

contributions trom the !Election Campa1gn Financing Trust Fund shall limit his or her total expenditures

as follows: (a) Governor and Lieutenant Governor: $2.00 for each Florida-registered voter. (b) Cabinet officer: $1.00 for each Florida-registered voter. (2) The expenditure limit for anv candidate with pnmarv election opposition only shall be 60 percent

of the limit provided in subsection (1).

(3) For purposes of this section, "Florida-registered voter" means a voter who iS registered to vote in Florida as of June 30 of each odd-numbered year. The Division of Elections shall certify the total number of Florida-registered voters no later than July 31 ot each odd-numbered year. Such total number shall be calculated by adding the number of registered voters in each county as of June 30 in the year of

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the certification date. For the 2006 general election, the Division of Elections shatl certify the total

number of Florida-registered voters by July 31, 2005. (4) For the purposes of this section, the term "expenditure" does not include the payment ot

compensation tor legal and accounting services rendered on behalf of a candidate. History.-~. i, ch. 86-276; s. 41, ch. 90-315; s. 21, ch. 91-107; s. 654, ch. 95·147; s. 43, ch. 2005-278. 'Note.-The trust fund exp!red, effe<:tive November 4, 1996, bv operatiOn of s. 19(f), Art. l!l of the State Constitution.

106.35 Distribution of funds.-

{1) The division shall review each request tor contributions from the !Election campaign Financing

Trust Fund and certify whether the candidate is eligible for such contrtbuuons. Notice of the

certification decision shall be provided to the candidate. An adverse decision may be appealed to the Florida Elections CommiSSIOn. The division shalt adopt rules providing a procedure tor such appeals.

(2)(a) Each candidate who has been certified to receive contributions from the !Election campa1gn Financing Trust Fund shall be entitled to distribution of funds as follows:

1. For quatifving matching contributions making up all or any portion of the threshold amounts

specified ins. 106.33(2), distribution shalt be on a two-to-one basis. 2. For all other qualifying matching contributions, distribution shall be on a one-to-one basis.

(b) Qualifying matching contributions are those of $250 or tess from an individual, made after

September 1 of the calendar year prior to the election. Any contribution receiVed from an individual

who fs not a state resident at the time the contribution is made shall not be considered a quatifving

matching contribution. For purposes of this paragraph, any person validly registered to vote in this state

shalt be considered a state resident. Aggregate contributions from an individual in excess of $250 will be matched only up to $250. A contribution trom an individual, if made bv check, must be drawn on the

personal bank account of the individual making the contribution, as opposed to anv form of business

account, regardless ot whether the busmess account is tor a corporation, partnership, sole

proprietorship, trust, or other form of business arrangement. For contributions made bv check from a personal joint account, the match shall onlv be for the individual who actually signs the check.

(3)(a) Certification and distribution of funds shall be based on contributions to the candidate

reported to the division for such purpose. The division shall review each report and verify the amount ot

tunds to be distributed prior to authorizing the release of funds. The division may prescribe separate

reporting forms tor candidates tor Governor and Cabinet officer. (b) Notwithstanding the provisions ot s. 106.11, a candidate who is eligible tor a distribution of funds

based upon qualifving matching contrtbutions received and certified to the division on the report due on

the 4th day prior to the election, may obligate funds not to exceed the amount which the campaign

treasurer's report shows the candidate is eligible to receive from the !Election campa1gn Financing Trust Fund without the funds actually being on deposit in the campaign account.

(4) Distribution of funds shall be made beginning on the 32nd day prior to the prfmarv and everv 7

days thereafter.

(5) The division shalt adopt rules providing tor the weeklv reports and certification and distribution

of funds pursuant thereto required by this section. Such rules shalt, at a minimum, provide specifications

for electronically transmitted campa1gn treasurer's reports outlining communication parameters and

protocol, data record formats, and provisions tor ensuring securitv of data and transmission. History.-~. i, ch. 86·276; s. 25, c/l. 89-256; s. 42, ch. 90-31S; s. 22, ell. 91-107; s. 69, ell. 2001-40; s. 49, ch. 2007·30; s.

74, en. zo11-«1. 'No~.-The> tnnt fund QXplred, o((~tl\'11 Novcrn!$f 4, 19<;6, bv operation of s. 19{f), Art. ill of the State COI'ntltutlon.

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106.353 Candidates voluntarily abiding by election campaign financing limits but not requesting public funds; Irrevocable statement required; penalty.-

(1) Not later than quatifvfng tor office, each candidate tor the office of Governor or member of the cabinet who has not made a request to rece1ve contributions from the J.Etectlon campaign Financing

Trust Fund, but who wishes to voluntarilv abide bv the applicable expenditure limit set forth ins. 106.34

and the contribution limits on personal and party funds set forth ins. 106.33, shalt file an irrevocable statement to that effect with the Secretarv of State.

(2) Anv candidate who files such a statement and subsequently exceeds such limits shalt pay to the i£tection campaign Financing Trust Fund an amount equal to the amount of the excess contributions or

expenditures. Such penaltv shatt not be an allowable campaign expense and shall be paid from personal

tunds of the candidate. However, if a nonparticipating candidate exceeds the expenditure limit as described ins. 106.355, a candidate signing the statement pursuant to this section mav exceed the

applicable expenditure Umit to the extent the nonparticipating candidate exceeded the limit without belng subiect to a penalty.

Hlstory.-s. 23, ch. 91-107. 1Note.-The trust fund expired, effective November 4, 1996, bv operation of s. 19((}, Art. ill of the State Constitution.

106.355 Nonpartldpatlng candidate exceeding limlts.-Whenever a candidate for the office of -,

Governor or member of the cabinet who has elected not to participate In election campaign financing

under the provisions of ss. 106.30·106.36 exceeds the applicable expenditure limit provided ins. 106.34,

all opposmg candidates participating in such election campaign financing are, notwithstanding the provisions of s. 106.33 or anv other provision requiring adherence to such limit, released from such

expenditure limit to the extent the nonparticipating candidate exceeded the limit, are still eligible for matching contributions up to such limit, and shall not be required to reimburse any matching funds

provided pursuant thereto. In addition, the Department of State shall, within 7 davs after a request by a

participating candidate, provide such candidate with tunds from the !flection campaign Financing Trust Fund equal to the amount bv which the nonparticipating candidate exceeded the expenditure limit, not

to exceed twice the amount of the maximum expenditure limits specified in s. 106.34(1 )(a) and (b),

which funds shalt not be considered matching funds. Hlstorv.-s. 24, ch. 91·107. 'Note,-The trust fund expired, effe<:tive November 4, 1996, bv operation of s. 19(f), Art. Iii of the State Constitution.

106.36 Penalties; fines.-ln addition to anv other penalties which may be applicable under the election code, any candidate who recewes contributions from the 1Etection campaign Financing Trust

Fund and who exceeds the applicable expenditure limit, except as authorized in ss. 106.353 and

106.355, or falsely reports qualifYing matching contributions and therebv receives contributions from

the !flection Campaign Financing Trust Fund to which the candidate was not entitled shall be fined an amount equal to three times the amount at issue, which shall be deposited In the i£lection campaign

FinanCing Trust Fund. History,-s. i, ch. 86-276; s. 11, ch. 90-llS; s. 25, ell. 91-107; s. 6SS, ch. 9S·147. 1Note.-The trust fund expired, effective November 4, 1996, by operation of s. 19(f), Art. Ill of the State Constitution.

Copyright o 1995·2012 The Florida legislature • Privacv Statement • Contact Us

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Select Year: [20i2J~L GPJ


Title XbYI.

CRIMES

Chapter 775 DEFINITIONS; GENERAL PENALTIES; REGISTRATION OF

CRIMINALS

rage 1 or 'f

View Entire Chapter

775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for

certain reoffenders previously released from prison.-

(1) A person who has been convicted of a capital felony shall be punished by death if the proceeding

held to determine sentence according to the procedure set forth in s .. 921.141 results in findings by the

court that such person shall be punished by death, otherwise such person shall be punished by life

imprisonment and shall be ineligible for parole ..

(2) In the event the death penalty in a capital felony is held to be unconstitutional by the Florida

Supreme Court or the United States Supreme Court, the court having jurisdiction over a person

previously sentenced to death for a capital felony shall cause such person to be brought before the

court, and the court shall sentence such person to life imprisonment as provided in subsection (1 ) .. No

··----· --sentence.oLdeath.shalLbe..reduced.as_an<s.ulCoLa determination that a method of execution is held to

be unconstitutional under the State Constitution or the Constitution of the United States ..

(3) A person who has been convicted of any other designated felony may be punished as follows:

(a)1. For a life felony committed prior to October 1, 1983, by a term of imprisonment for life or for

a term of years not less than 30 ..

2. For a life felony committed on or after October 1, 1983, by a term of imprisonment for life or by

a term of imprisonment not exceeding 40 years.

J. Except as provided in subparagraph 4, for a life felony committed on or after July 1, 1995, by a

term of imprisonment for life or by imprisonment for a term of years not exceeding life imprisonment..

4.a. Except as provided in sub-subparagraph b , for a life felony committed on or after September 1,

2005, which is a violation of s. 800.04(5)(b), by:

(I) A term of imprisonment for life; or

(II) A split sentence that is a term of not less than 25 years' imprisonment and not exceeding life

imprisonment, followed by probation or community control for the remainder of the person's natural

life, as provided ins .. 948.012(4) ..

b For a life felony committed on or after July 1, 2008, which is a person's second or subsequent

violation of s. 800.04(5)(b), by a term of imprisonment for life

(b) For a felony of the first degree, by a term of imprisonment not exceeding 30 years or, when

specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment..

(c) For a felony of the second degree, by a term of imprisonment not exceeding 15 years ..

(d) For a felony of the third degree, by a term of imprisonment not exceeding 5 years ..

(4) A person who has been convicted of a designated misdemeanor may be sentenced as follows:

(a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;

000051 http://www..leg . .state..fl.us/Statutes/index .. efm?App _mode= Display_ Statute&Search _String=.. 9/5/2012

( r.. Any felony violation of s .. 790.07, s .. 800.04, s .. 827.03, s .. 82.7.071, or s .. 847.0135(5);

within 3 years after being released from a state correctional facility operated by the Department of

Corrections or a private vendor or within 3 years after being released from a correctional institution of

another state, the District of Columbia, the United States, any possession or territory of the United

States, or any foreign jurisdiction, following incarceration for an offense for which the sentence is

punishable by more than 1 year in this state.

2 "Prison releasee reoffender" also means any defendant who commits or attempts to commit any

offense listed in sub-subparagraphs (a)1 .a.·r .. while the defendant was serving a prison sentence or on

escape status from a state correctional facility operated by the Department of Corrections or a private

vendor or while the defendant was on escape status from a correctional institution of another state, the

District of Columbia, the United States, any possession or territory of the United States, or any foreign

jurisdiction, following incarceration for an offense for which the sentence is punishable by more than 1

year in this state.

3.. If the state attorney determines that a defendant is a prison releasee reoffender as defined in

subparagraph 1. , the state attorney may seek to have the court sentence the defendant as a prison

releasee reoffender .. Upon proof from the state attorney that establishes by a preponderance of the

evidence that a defendant is a prison releasee reoffender as defined in this section, such defendant is

not eligible for sentencing under the sentencing guidelines and must be sentenced as follows:

a.. For a felony punishable by life, by a term of imprisonment for life;

b. For a felony of the first degree, by a term of imprisonment of 30 years;

c.. For a felony of the second degree, by a term of imprisonment of 15 years; and

~--d __ EoLaielony_oLthetbird_degree, by a .term ofimprisgnmeDt of5 years ..

(b) A person sentenced under paragraph (a) shall be released only by expiration of sentence and

shall not be eligible for parole, control release, or any form of early release. Any person sentenced

under paragraph (a) must serve 100 percent of the court-imposed sentence ..

(c) Nothing in this subsection shall prevent a court from imposing a greater sentence of

incarceration as authorized by law, pursuant to s .. 775.084 or any other provision of law ..

(d)1.. It is the intent of the Legislature that offenders previously released from prison who meet the

criteria in paragraph (a) be punished to the fullest extent of the law and as provided in this subsection,

unless the state attorney determines that extenuating circumstances exist which preclude the just

prosecution of the offender, including whether the victim recommends that the offender not be

sentenced as provided in this subsection

2 For every case in which the offender meets the criteria in paragraph (a) and does not receive the

mandatory minimum prison sentence, the state attorney must explain the sentencing deviation in

writing and place such explanation in the case file maintained by the state attorney ..

(10) lf a defendant is sentenced for an offense committed on or after July 1, 2009, which is a third

degree felony but not a forcible felony as defined in s. 776.08, and excluding any third degree felony

violation under chapter 810, and if the total sentence points pursuant to s .. 921.0024 are 22 points or

fewer, the court must sentence the offender to a nonstate prison sanction However, if the court makes

written findings that a nonstate prison sanction could present a danger to the public, the court may

sentence the offender to a state correctional facility pursuant to this section ..

(11) The purpose of this section is to provide uniform punishment for those crimes made punishable

under this section and, to this end, a reference to this section constitutes a general reference under the

doctrine of incorporation by reference ..

000052 http:/ lwwwJeg . .state .. fLus/Statutes/index.. cfm? App _ mode=Display _ Statute&Search _String=...... 9/5/2012

Statutes & Constitution :View .. Statutes : Online Sunshine (

Select Year: lli§_~ifal GgJ


Chapter 7'75 Title XLVI

CRIMES DEFINITIONS; GENERAL PENALTIES; REGISTRATION OF

CRIMINALS

775 .. 083 Fines.-

Page 1 of2

View Entire Chapter

(1) A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described ins. 775.082; when specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082 .. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine .. Fines for designated crimes and for noncriminal violations shall not exceed:

(a) $15,000, when the conviction is of a life felony .. (b) $10,000, when the conviction is of a felony of the first or second degree., (c) $5,000, when the conviction is of a felony of the third degree .. (d) $1,000, when the conviction is of a misdemeanor of the first degree ..

······---(ej--$51ib~"when the ciinvfc'tionfsofa-misaemeanoronh·e·secolid'aegree·ora·non·criminal·violation:·----.-

(f) Any higher amount equal to double the pecuniary gain derived from the offense by the offender

or double the pecuniary loss suffered by the victim. (g) Any higher amount specifically authorized by statute,

Fines imposed in this subsection shall be deposited by the clerk of the court in the fine and forfeiture fund established pursuant to s. 142.01, except that the clerk shall remit fines imposed when adjudication is withheld to the Department of Revenue for deposit in the General Revenue Fund. If a defendant is unable to pay a fine, the court may defer payment of the fine to a date certain .. As used in this subsection, the term "convicted" or "conviction" means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.

(2) In addition to the fines set forth in subsection (1 ), court costs shall be assessed and collected in each instance a defendant pleads nolo contendere to, or is convicted of, or adjudicated delinquent for, a felony, a misdemeanor, or a criminal traffic offense under state law, or a violation of any municipal or county ordinance if the violation constitutes a misdemeanor under state law .. The court costs imposed by this section shall be $50 for a felony and $20 for any other offense and shall be deposited by the clerk of the court into an appropriate county account for disbursement for the purposes provided in this subsection. A county shall account for the funds separately from other county funds as crime prevention funds. The county, in consultation with the sheriff, must expend such funds for crime prevention programs in the county, including safe neighborhood programs under ss .. 163.501·163.523 ..

(3) The purpose of this section is to provide uniform penalty authorization for criminal offenses and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference.

000053 J..++n-1/u"'""l~" otot~ f1 no/<:::tMntPo/int1"" dm?Ann mode=Disnlav Statute&Search String=,,, 9/5/2012

.. ' '

FLORIDA DEPARTMENT OF STATE DIVISION Of' .:LECTIONS


(1) OFFICE USE ONLY

Name (2)

Address (number and street) I

City, State, Zip Code

0 CHECK IF ADDRESS HAS CHANGED (3) ID Number:

(4) Check appropriate box(es): D Candidate (office sought}:

D Political Committee 0 CHECK IF PC HAS DISBANDED

D Committee of Continuous Existence 0 CHECK IF CCE HAS DISBANDED

D Party Executive Committee



Cover Period: From I I To I I Report Type -- -- -- -- -- --D Original 0Amendment D Special Election Report D Independent Expenditure Report

(6) CONTRIBUTIONS THIS REPORT (7) EXPENDITURES THIS REPORT

- ·---·~---~--------~-- -···---- . ----------- .. ·-· ---·-- -Monetary--·--------- ·-----------·--- --- .. -·--- -- ----- ·----- . --· ---

Cash & Checks $ Expenditures $

Loans $ Transfers to Office Account $

Total Monetary $ Total Monetary $

In-Kind $

(8) Other Distributions $

(9) TOTAL Monetary Contributions To Date (10) TOTAL Monetary Expenditures To Date

$ $

(11) CERTIFICATION

It is a first degree misdemeanor for any person to falsify a public record (ss. 839.13, F.S.)

I certify that I have examined this report and it is true, I certify that I have examined this report and it is true, correct, and complete correct, and complete.

(Type name) (Type name)

0 Individual (only for 0Treasurer 0 Deputy Treasurer Ocandidate 0 Chairperson (only for PC, PTY & electioneering commun ) electioneering commun organization)

X X Signature Signature

DS-DE 12 (Rev .. 08/04)

000054

CAMPAIGN ( :ASURER'S REPORT- ITEMIZED( ~NTRIBUTIONS

(1) Name (2) I.D .. Number _____ _

(3) c over p . d eno I I th h roug I I (4) p age 0 f (5) (7) (8) (9) (10) (11) (12)

Date Full Name (6) (Last. Suffix, First, Middle)

Sequence Street Address & Contributor Contribution In-kind Number City, State Zip Code Type Occ~pation Tvoe Descriotion Amendment Amount

I I

I I

I I

- - -·--·- ···~" ···------·------·--·- ·--·--·-· --- - ----" -- --- ··-·------- " - -- ·--- ------

I I

I I

I I

I I

I I

OS-DE 13 (Rev .. 08103) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

000055

( ' .

\

CAMPAIGN TREASURER'S REPORT - ITEMIZED EXPENDITURES (1) Name _________________ _ (2) J.D .. Number. ______ _

(3) Cover Period __ / __ / __ through __ / __ / __ (4) Page ____ of ___ _

(5) (7) (8) (9) (10) (11)


(6) (Last, Suffix, First, Middle) (add office sought if Expenditur·e

Sequence Street Address & contribution to a


I I

;_ I

I I

- -·-- ·----- -- - --~- ·-- ·- -- -- -- -

I I

I I

I I

I I

I I

.

OS-DE 14 (Rev .. 08/03) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

000056

;:sunm:es &: L-onsuruuon : v 1ew c.<atu~es : vnnne e>llllsmnt: rage 1 u.L .t..

Select Year: [20i2JiJ[J?,Q,,i


Title IX ELECTORS AND ELECTIONS

Chapter 106 CAMPAIGN FINANCING

View Entire Chapter

106.265 Civil penalties.-

(1) The commission or, in cases referred to the Division of Administrative Hearings pursuant to s.

1 06.25(5), the administrative law judge is authorized upon the finding of a violation of this chapter or

chapter 104 to impose civil penalties in the form of fines not to exceed $1,000 per count, or, if

applicable, to impose a civil penalty as-provided in s .. 1 04.271 or s .. 1 06. 19 .. (2) In determining the amount of such civil penalties, the commission or administrative law judge

shall consider, among other mitigating and aggravating circumstances: (a) The gravity of the act or omission;

(b) Any previous history of similar acts or omissions;

(c) The appropriateness of such penalty to the financial resources of the person, political

committee, committee of continuous existence, affiliated party committee, electioneering

communications organization, or political party; and · ---·-·---( dJ whet'her:tileperson~ iJo"iiiiC:ai-committee:comm-fitee ofcontfnuous existence;affifiatea parry-- - -· -- ·· ---

committee, electioneering communications organization, or political party has shown good faith in

attempting to comply with the provisions of this chapter or chapter 1 04 .. (3) If any person, political committee, committee of continuous existence, affiliated party

committee, electioneering communications organization, or political party fails or refuses to pay to the

commission any civil penalties assessed pursuant to the provisions of this section, the commission shall

be responsible for collecting the civil penalties resulting from such action .. (4) Any civil penalty collected pursuant to the provisions of this section shall be deposited into the

General Revenue Fund. (5) Any fine assessed pursuant to this chapter shall be deposited into the General Revenue Fund .. (6) In any case in which the commission determines that a person has filed a complaint against

another person with a malicious intent to injure the reputation of the person complained against by

filing the complaint with knowledge that the complaint contains one or more false allegations or with

reckless disregard for whether the complaint contains false allegations of fact material to a violation of

this chapter or chapter 104, the complainant shall be liable for costs and reasonable attorney's fees incurred in the defense of the person complained against, including the costs and reasonable attorney's

fees incurred in proving entitlement to and the amount of costs and fees .. If the complainant fails to pay

such costs and fees voluntarily within 30 days following such finding by the commission, the commission

shall forward such information to the Department of Legal Affairs, which shall bring a civil action in a

court of competent jurisdiction to recover the amount of such costs and fees awarded by the commission .

000057 http://www leg . .statdlus/Statntes!index..cfm? App _mode= Display _Statnte&Search_ Suing=..... 9/5/2012

2B-l.OOS Appeal of Fines Imposed by Filing Ollicers .. (I) To appeal a fine imposed pursuant to Section 106 04(8) or 106 .. 07(8), Floiida Statutes, the candidate, chairman of a political

committee, or treasur·er of a committee of continuous existence shall file a notice of appeaL Ihe notice of appeal shall be filed with the Commission clerk, and a copy filed with the filing officer, within 20 days of the appealing pruty's receipt of notice that a fine is being imposed .. The notice of appeal shall contain:

(a) The name, address and telephone number of the appealing pruty; (b) A copy of the notice of imposition offme issued by the filing officer; and (c) A request for heruing if a personal apperuance before the Commission is desired. If no heruing request is made, the appeal

shall be decided solely on the documents submitted by the appealing party and Commission staff. (2) Fai!me to timely file a notice of appeal shall result in waiver of the light to appeal the fme and a final order upholding the

fine shall be entered by the Chairman ofthe Commission without further notice (3) Upon receipt of a timely notice of appeal, the Commission staff shall notify the appealing pruty that the appeal has been

accepted .. The appealing pruty shall have 20 days from acceptance of the appeal to submit any documents supporting the appeal (4) The Commission shall uphold the fine imposed by the filing officer unless the appealing pruty presents credible evidence

that the report was timely filed or credible evidence that there were unusual or other circumstances beyond the control of the candidate or committee caused the report to be filed late .. Credible evidence is evidence that is from a credible source and is so natural, reasonable and probable as to make it easy to believe .. I he Commission shall give greater weight to a written statement that is certified to have been made under oath in the presence ofa notaiy or other person authorized by law to administer oaths ..

(5) If a heruing has been requested, the Commission clerk shall notify the appealing pruty of the date and location of the heruing. Convenience of location of the heruing shall not be a basis for continuing the hearing The Commission is not required to provide notice of its consideration of the appeal if the appealing pruty did not request a heruing.

(6) Unless good cause is shown, the Commission will not consider at the heruing any written document unless the party offering the document has filed it with the Commission clerk at least ten days before the heruing

.. --~----~-- ·--·--··---Specific Authority Ch 97-13, Sec. 52, Laws o/Fio;zda· l.awimpiementedi0604(8j; l0o01(8)F:S:Hisiolj>'-New 9:r4"1!6,Amiiniled10'19'86; .. ······ Formerly ID-1 005, Amended 1-11-99, 4-24-05

000053

' I.

2B-L0052 Fine Imposed; Iimely Filed Reports .. (I) Campaign treasurer's rep01ts are required to be filed in the office of the filing officer by 5 p m. on the due date .. A report is

deemed timely filed if it is postmarked before midnigbt on the due date (2) If a report is received by the filing officer without a postmark or with an illegible postmark within five days of the due date

and it is delivered to the filing officer by the United States Postal Service, it shall be deemed timely filed. (3) If a report is received by the filing officer without a postmark or with an illegible postmark more than five days after the due

date or it is delivered to the filing officer by a mail delivery service other than the United States Postal Service, it shall not be deemed timely filed unless the appealing party submits a copy of a proof of mailing or at a hearing before the Commission, presents the oral testimony of the person who timely mailed the report Ihe proof of mailing submitted shall reflect that it was obtained fiom the United States Postal Service or other mail delivery service at the time of mailing and shall reflect that the report was mailed before midnight on the due date. I he testimony presented shall indicate that the report was mailed so that it would have received a postmark or a legible postmark on the report's due date but for the failure of the United States Postal Service to properly mark the report.

(4) A metered postage mark does not constitute a postmark or a proof of mailing.

Specific Authority 106 26(1) FS, Ch. 97-13, Sec 52, Laws of Florida Law Implemented 10604(8), 106.07(8) FS. History-New 1-11-99, Amended 1-2-02, 4-24-05.

000059

2B-l.0055 Late-filed Reports; Unusual Circumstances. (I) Unusual circumstances mean uncommon, rare or sudden events over which the actor has no control and which directly result

in the failure to act according to the filing requirements. Unusual circumstances must occur within a time period that would clearly prevent the person legally responsible for filing the report from doing so in a timely manner,

(a) Unusual circumstances shall not include the failure of the United States Postal Service or other mail delivery service to postmark an envelope, legibly postmark an envelope, or timely deliver maiL

(b) Unusual circumstances shall not include the failure of the sender to affix sufficient postage to a repmt that is being mailed .. (2) The following events shall constitute unusual circumstances so long as the events clearly interfered with filing the report. (a) Natmal disaster or other emergency that prevented timely filing Evidence submitted shall include copies of newspaper

reports or other documents from an independent and reliable source that documents the natme, date, and location of the natmal disaster or emergency

(b) Death of the candidate or campaign treasurer or an immediate family member of the candidate or campaign treasmer .. Evidence submitted shall include a copy ofthe death certificate, newspaper obituary, or funeral program or notice.

(c) Serious illness, disability or non-elective smgery ofthe candidate or campaign treasurer, Evidence submitted shall include a physician's certification on professional letterhead stationery that includes the dates of the illness, disability, or surgery; a statement regarding the period of time that the patient was incapacitated; and a statement that smgery, if any, was not elective The period of incapacitation may also be shown by copies of hospital records reflecting the dates of hospitalization

(d) Serious illness, disability or non-elective swgery ofthe candidate's or campaign treasurer's immediate family member Evidence submitted shall include evidence of the candidate or treasurer's relationship to the family member, the location of the family member, and the reason the candidate or campaign treasm er 's presence was required. Evidence submitted shall also include a physician's certification on professional letterhead stationery that includes the dates of the illness, disability or surgery; a statement regarding the period oftime that the patient was incapacitated; a statement that surgery, if any, was not elective; and a statement that the patient required the care of a family member

------(efComputecor -equipment failure· caused- by ·events that could-not··havebeen-anticipated-and that-made timely .. filing.of. the. report impossible .. Power outages or program failure does not constitute unusual circumstances unless it is established that reasonable precautions to assure the safety of the equipment or the ability of the program to perform as anticipated were taken before the events causing failw·e ofthe equipment or program

(f) The abrupt and unexpected loss of the campaign treasurer; over which the appealing party had no control The loss of the campaign tr·easwer shall not constitute unusual circumstances if the appealing party failed to monitor the campaign treasurer's performance before his or her departme or if the appealing party failed to asswe prompt preparation of the report after the treasurer's departme

(g) Failure of the filing officer to e-mail, telephone, or mail a letter to the candidate, chairman of a political committee, or treasurer of a committee of continuous existence that a report is late no later than seven days after the report was due shall constitute unusual circumstances if the appealing party establishes that lack of notice clearly interfered with the timely filing ofthe report. The fine imposed by the filing officer shall be reduced to the amount that would have been imposed had the report been filed 13 days late.

Specific Authority 106 26(1) FS, Ch 97-13, Sec 52, Laws of Florida Law Implemented 106 04(8}, 106 07(8) FS. History-New 1-ll-99, Amended 4-24-05

000060

Hundreds remember educatoyD£fle Grear as inspiration in the Glades ( Page 1 of2

' '

Dining Deals -~~!2!;_~~~ Newsletters Contests <:alendar Mobile Contact Us

I Site 1±iJ - Go>> I

Fr'iday, October 5, 2012

H0t\1E j NEWS J WEATHER r TRAFFIC ! v'!DEO l ENTERTAIN!viENT 'I LIFESTYLE SPOHTS l MONEY J MARKETPLACE I ABOUT I


Dr Grear died last week at the age of 84

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A A A.

Rt><:omn:en<i

Twe<rt · 2

By: Dan Corcoran

SH~.RETHIS

SI(Jn lip to see what your fnends recommend

0

BELLE GLADE, Fla ~The Glades communities are in· mourning after losing one of their own Dr Effie Grear who spent 44 years as an educator there passed away last week following complications during heart surgery Her life and 11er legacy were on the minds of many who attended a wake to say

_g:;~~b~<>at GI~~:-~._Central ~i~.~ -~chao! on Thursday

William Grear Jr son of the late Effie Grear is hurting but he is not alone

• Glades educator remembered I want everybody to know that I'm not the only one hurting," said Mr. Grear. ''This entire community is devastated by this loss "

Grear 84, was a fonner Glades Central High School principal and helped shape generations of families over more than four decades as an educator and a leader in the city of Belle Glade

Hundreds gathered at the Raiders football field a field that bares Grear's name

'She demanded that respect She definitely wasn t mean or anything but stle commanded respect "said Candice Lovely who is now fully grown Lovely remembers Grear as a principal and also as an inspiration to become a first grade teacher ''The way that I am with my students is because of the way she was with us " she said

After a lifetime of service. Grears friends family and community are forced now to press on without her

'Her legacy will be reaching teaching, loving learning and not leaving nobody behind' said David Nelson Glades Central High School class of 1978

A funeral will be held Saturday at Glades Central High Sctlool gymnasium

CoPYil9111 ~012 ScnppS Mc-d1·t tnc All nnt•l~ I·)SOfVf'ld_ ThiS mulon,ll ·n1y not be P<•bl15hed bro-ldc3sl rewnttcn or rOOislrltHII0d

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http://www .wptv .. com/dpp/news/region _the _glades/belle _glade/hundreds-remember-educa .. 10/5/2012

Belle Glade incumbent defeat' ~ <m election day I (_~

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Belle Glade incumbent defeated on election day By Jose Jesus Zaragoza Updated April27, 2012 at 04:04PM

The election easily grabbed the most attention on I uesday, as Belle Glade and Pahokee voters headed to the polls to select new leaders who will serve their communities for the remainder of 2012 and beyond

Local precincts, for the most part, reported easy going on Election Day, except for a temporary setback in Belle Glade where a machine showed power but was not coming on, according to published reports.

Campaign workers holding up political signs ofthe various candidates camped out at polling places, major intersections, and could be found interspersed throughout the two cities, vying for the attention of the voting public- ·········· ~-.~-~ ·- - ·· ~~-~·- --···· ··-·-- - - - · · ··--· ·-- ·· --- -· ·- - - ·

In the end, the voting public seemed to demand a new future, voting in new faces over the two incumbents who had intended on being re-elected.

In a year shaped by economic uncertainties, a cloudy future regarding the delivery of water to Glades homes, and crippling unemployment, voters seemed to favor the candidates who promised change

In Belle Glade, incumbent Commissioner William Grear Jr .. was defeated by his opponent, Larry Underwood, who swept the race in convincing fashion.

Underwood secured 62 percent of the vote, 633 votes total, to end Grear's campaign for re-election. Grear managed only 38 percent ofthe vote, grabbing 385 votes total

The second race ofthe night was certainly a landslide

Out of a total of 1,018 votes cast in this race, Johnny Burroughs Jr managed to capture fully 75 percent of the votes, 764 votes total, to defeat political opponent Ralph Walker Walker suffered a devastating loss, securing 25 percent of the votes, 254 totaL

Burroughs will assume the seat left vacant by longtime Belle Glade Commissioner Gwen Asia-Holley.

http://florida.newszap .. comlbelleglade/113031-113/incumbent-defeated-on-election 10/5/2012

'

;PM/• iJ/!f/;:A G ; I : <f9 ft1YI APPOINTMENT OF CAMPAIGN TREASURER

AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDIDATES

(Section 106 .. 021 (1 ), F S )




0 Initial Filing of Form Re .. filing to Change: [8] 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

William Alexander Grear, Jr. code)

661 SW 4th Street 4. Telephone 5 E-mail address Belle Glade, FL 33430 (561 ) 755-2139

6 .. Office sought (include district, circuit, group number) 7 If a candidate for a nonpartisan office, check If


D My Intent is to run as a Write-In candidate --

8 If a candidate for a .Pi!!!!l!~!l. 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 0 Party candidate

·· -9+have·appolnted the-following person to aetas my ··· E}-Campalgn-Treasurer---I~J- -Deputy-Treasurer.. .... ........ ....... -----·--.. --·--···-------·--------10. Name of Treasurer or Deputy Treasurer

William Alexander Grear, Jr. 1·1 Mailing Address

, ___ .. ________ 12 Telephone

661 SW 4th Street ( 561 ) 755·2139 , .. _. ·------ r-:-,---·

13. City 14 County 15 .. State 16 Zip Code 17 E-mail address


18. I have designated the following bank as my D Primary Depository 0 Secondary Deposito!)' . ~·-••·-•--•W•"-"' ___

19 Name of Bank 20 Address

~·-·---... -- ___ , _________ ,.,_

21 City 22. County 23 State 24. Zip Code

UNDER PENAL TIES OF PERJURY, I DECl.ARE 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. ···--·-- 'T' 25 Date

~ 7:rt~:a:te vd~ /J 27 'Treasurer's ~~ceptance of Appointment (fill in the blanks and check the appropriatptlock)

I, Wilham Alexander Grear______ , do hereby accept the appointment (Please Print or Type Name)

designated above as: 0 Campaign Treasurer [8] Deputy Treasurer

September4, 2012 X lA ) A H A.(;v'V )Lu-.. / ..

Date Signature of Campaign Treasurer or De~ Treasurer

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

~j\t,H MttJT '\B''

FLORIDA ELECTIONS COMMISSION

REVIEW OF COMPLAINT FOR LEGAL SUFFICIENCY

. ;>. . : ••• << ;; , PJU;LIMINARY INFORMAIION ---

Date Received: 09/20/12 Reviewer: David Case#: FEC 12-265 X ORIGINAl D AMENDED

Complainant: Debra R. Buff I Respondent: William A. Grear, Jr.

Complainant: Complaint is employed as the Belle Glade City Clerk; she also serves as Respondent's filing officer

Respondent: Respondent was a candidate for re-election to the Belle Glade City Commission, seat c. Lany Underwood seemed more than 62 percent of the vote to defeat Respondent with a vote-spread of nearly 2-to-1 in the March 13,2012 election

·Background: Respondent's mother, Dr. Effie C Grear, served as his campaign treasurer for his 2012 election campaign; she died on Wednesday, May 16,2012.

lh'·•·•> .•. . :· ''. •;,,,(•!,>. '············

''P/:-';:;::<:;~~j:~;;;':::::::::l~~2~A'i'i'd~~<;:;::: :,:::'>-~ ····.··. .••... ''····· ' ' ' '' .... · .. .

Violations in complaint: Chapter 106, §106.07(2)(b)L, §106.07(4)(a)

Reviewer's violations: §106.07(2)(b)1, §10619(l)(c)

Violations for CMS: §106 .. 07(2)(b)L, §106.19(1)(c)

... '· ' ' . .... "'';"" COMPLAil'(I .ISSUES---'

I. Complainant alleges that Respondent failed to file an addendum to his termination report for his 2012 campaign, after notice, and she asserts that he has failed to provide information required by Chapter 106

' ... "---REVIEW OF COMPLAIN I ISSUES---

I. Complainant, Respondent's filing officet, sent a lettet by certified mail to Respondent's home address, instructing Respondent to file an addendum to his tetmination report Respondent signed for the receipt of the letter on September 7, 2012 The letter advised Respondent that he had seven days to file the addendum. Complainant filed her complaint with our office on September 20, 2012, declaring that Respondent failed to file an addendum to his tetmination report

. ·.

.. · .· .... REviEWii~:s;R£coMMENri'A'rloN AND. CoMMENTs ---I ·'

I recommend that this complaint is legally sufficient because it appears that Respondent has failed to file an addendum to his 2012 I etmination Repmt, after notice

---WAS COMPLAINT SWORN?---

Complainant swore to the complaint on Septembet 17, 2012 The two-page complaint form and attachments were filed with the FEC on September 20,2012 The notaty is Dianne D. Catter, the commission number is DD 987285, and the commission expires on June 14, 2014

1

Com!OO (3/09)

ik .. < ., "'"'•· i' , <' ,i ••• ,; :'At;i>RF:ssJ\:su;~~i>~t~ss•9~M~N'i~ ··· ....................

• ·.i .••

< •• /:Y~' <-!<1h</L/ii<;;>:> . ...

Respondent's Address: Complainant's Addr·ess

The Honorable William A Grear, Jr. Ms Debra R. Buff 661 sw 4'h Street Belle Glade City Clerk Belle Glade, Florida 33430-3919 II 0 Dr. Martin Luther King, Jr Blvd .. , West


Assigned Investigator: Cedric

Reviewer's Notes:

2

Com!OO (3/09)

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION r-•. :r""' I'\ :r- l' , .. - .-. r i:· .. 1 ... · :::. ; \f .::.:. i)

107 West Gaines Street, Suite 224, Tallahassee, Florida 32399-1050 Telephone Number: (850) 922-4539

www.fec.state. fl. us

CONFIDENTIAL COMPLAINT FORM

The Commission's records and proceedings in a case are confidential until the Commission ~ures.on pmbable cause. A copy of the complaint will be provided to the person against whom the complaint is brought ..

1. PERSON BRINGING COMPLAINT:

Name: Debra R Buff, Supervisor of Election for the City of Belle Glade

Address: 110 Dr .. Martin Luther King, Jr.. Blvd, West

Work Phone: ~992-1609

Home Phone: ( 863) 983-4889

City: Belle Glade County: Palm Beach State: _F_L __ Zip Code: _3_34_3_0 __ _

2. PERSON AGAINST WHOM COMPLAINT IS BROUGHT:

A person can be an individual, political committee, committee of continuous existence, political pruty, electioneering communication organization, club, corporation, prutnership, company, association, or any other type of organization. If both an individual and a committee or organization are involved, name both

Name of individual: William A Grear, Jr ..

· · - · Adiliess:·661-SW4thStreet

City: Belle Glade County: Palm Beach State: FL ---

... (561)?55-2139 Phone:

Zip Code: 33430

If individual is a candidate, list the office or position sought: Belle Glade City Commission - Seat C

Name of committee or organization: ---------------------

Address:------------------- Phone: L_) ___ _

City: _____ _ County: ____ _ State: __ _ Zip Code: _____ _

Have you filed this complaint with the State Attorney's Office? (check one) D Yes [j] No

3. ALLEGED VIOLATION(S):

Please list the provisions of The Florida Election Code that you believe the person named above may have violated The Commission has jurisdiction only to investigation the following provisions: Chapter 104, Chapter 106, Section 98.122, and Section 105 .. 071, Florida Statutes Also, please include:

-1' The facts and actions that you believe support the violations you allege, -1' The names and telephone numbers ofpersons you believe may be witnesses to the facts, -1' A copy or picture of the political advertisements you mention in your statement, -1' A copy of the documents you mention in your statement, and -1' Other evidence that supports your allegations

Candidate Grear has failed to file an addendum to his termination report and has failed to

provide information required by Chapter 106, FS , see attached letter to Mr.. Grear

/

Additional mateiials attached (check one)? ij]Yes 0No

4. OATH

STATE OF FLORIDA

.. ~~U~~\'. ()!..,~,~lm=se,.a,.ch====c===

I swear or affirm, that the above informatio ue and conect to the best of my knowledge.

.,,,~~~~~z .. ,,,. DIANNE 0, CARTER l"m• &~ Notary Public • State of Florida ~·: ! ·S My Comm Expires Jun 14,2014 \~"'b ~s"1 Commission II DD 987285

,,,~.OF f\.o,,, ''''""''' Bonded Through National Notary Assn.

r'"

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on Bringing Complaint

d Sworn to and subscribed befOre me this /7 - day of

']) /11 o &Je ...2> . f!.JI /1 t <: r (Print, Type, or Stamp Commissioned Name ofNotary Public)

Personally known / Or Produced Identification __ _

Type of Identification Produced, _ _,A.,~'-f-/..I.A2. ____ _

Any person who files a complaint while knowing that the allegations are false or without merit commits a misdemeanor of the first degree, punishable as provided in Sections 775 082 and 7'75 083, Florida Statutes.


Tel: 561-996-0100 Fax: 561-993-1814

www bellegladegov .. com

Commissioners

Steve B Wilson Mayor


"'" --·--·-~-~----

Michael C, Martin Treasurer

Johnny Burroughs, Jr.,

Larry Underwood


!


September 5, 2012

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED No .. 7011 2970 0003 0549 3896


RE: Campaign Treasurer's Report Reporting Period: March 9, 2012 thru June 11, 2012 Report Type: TR

Dear Mr .. Grear:

This notice serves to advise you of two matters regarding your above referenced Campaign Treasurer's Report. First its incompleteness a.I!d second its lateness a.I!d

· --·associatedassessed-fine ----·····----- ...... ---···---- ··········-·-··-·······--·

Your Campaign Treasurer's Report, which was due in my office on or before June 11, 2012, was received on September 4, 2012, copy enclosed.. In the absence of your Campaign Treasurer, you, as the Deputy Treasurer (a.I!d Ca.I!didate), are hereby noticed that said report is deemed to be incomplete and has been accepted on a conditional basis, in accorda.I!ce to Florida Statutes 106 .. 07(2)(b)(l), Furthermore, within 7 days after receipt of this notice you must file ail addendum to the report providing all information necessary to complete the report in compliarrce with this section. Failure to file a complete report after such notice constitutes a violation of Florida Statutes Chapter 106, copy enclosed

As governed by Florida Statutes 10607, be advised your report has been deemed incomplete by evidence of yom two (2) campaign account bank statements (copies enclosed) submitted to me on August 15, 2012, along with the items listed below (where applicable):

A) As governed by Florida Statutes 106,07, your report did not contain information of all previously umeported contributions received a.I!d expenditures made as of the preceding reporting period.

B) As governed by Florida Statutes 1 06.07( 4)(a), your report did not contain:

"L The full name, address, and occupation, if MY of each person who has made one or more contributions to or for such committee or candidate within the reporting period, together with the amount a.I!d date of such contributions .. For corporations, the report must provide as clear a description as practicable of the

110 Dr. Martin Luther King, Jr. Blvd .. , West, Belle Glade, FL 33430

September 5, 2012 William A Grear, Jr .. Page 1 of4

principal type of business conducted by the corporation .. However, if the contribution is $100 or less or is from a relative, as defined in s .. 112.312, provided that the relationship is reported, the occupation of the contributor or the principal type of business need not be listed. 2. The name and address of each political committee from which the reporting committee or the candidate received, or to which the reporting committee or candidate made, any transfer of funds, together with the amounts and dates of all transfers. 3 . Each loan for campaign pmposes to or from any person or political committee within the reporting period, together with the full names, addresses, and occupations, and principal places of business, if any, of the lender and endorsers, if any, and the date and amount of such loans .. 4. A statement of each contribution, rebate, refund, or other receipt not otherwise listed under subparagraphs L through 3.. 5. The total sums of all loans, in-kind contributions, and other receipts by or for such committee or candidate dming the reporting period. The reporting forms shall be designed to elicit separate totals for in-kind contributions, loans, and other receipts .. 6.. The full name and address of each person to whom expenditures have been made by or on behalf of the committee or candidate within the reporting period; the amount, date, and pmpose of each such expenditure; and the name and address of, and office sought by, each candidate on whose behalf such expenditure was made .. However, expenditures made from the petty cash fund provided by s .. .I 06.12 need not be reported individually .

....... Z~_Th!l.:fullJ1:ll11e.and .. address.of..tli'1Ph.p!lrs.on.to whom .. M.e.xp_en.c!itm!lforn_erson<ll~~tYi.«es,.sala,ry, .. m ..... . reimbursement for authorized expenses as provided ins 106.021(3) has been made and which is not otherwise reported, including the amount, date, and pmpose of such expenditme. However, expenditmes made from the petty cash fund provided for in s .. 106.12 need not be reported individually .. Receipts for reimbmsement for authorized expenditmes shall be retained by the treasurer along with the records for the campaign account. 8.. The total amount withdrawn and the total amount spent for petty cash pmposes pursuant to this chapter dming the reporting period 9.. The total sum of expenditmes made by such committee or candidate dming the reporting period .. 10.. The amount and natm·e of debts and obligations owed by or to the committee or candidate, which relate to the conduct of any political campaign. 11.. Transaction information for each credit card pmchase .. Receipts for each credit card pmchase shall be retained by the treasurer with the records for the campaign account 12. The amount and natme of any separate interest-bearing accounts or certificates of deposit and identification of the financial institution in which such accounts or certificates of deposit are located 13.. The primary pmposes of an expenditme made indirectly through a campaign treasmer pursuant to s 106.021(3) for goods and services such as communications media placement or procurement services, campaign signs, insmance, and other expenditm·es that include multiple components as part of the expenditure .. The primary purpose of an expenditure shall be 'that pmpose, including integral and directly related components, that comprises 80 percent of such expenditme .. "

Please be mindful, Florida Statutes 1 06..07(5) governs "The candidate and his or her campaign treasmer shall certify as to the correcmess of each report; and each person so certifying shall bear the responsibility for the accuracy and veracity of each report Any campaign treasurer, candidate, or political committee chair who willfully certifies the correcmess of any report while knowing that such report is incouect, false, or incomplete commits a misdemeanor of the first degree, punishable as provided ins .. 775.082 or s .. 775.081" Copies of s .. 775 .. 082 and s .. 775 .. 083, Florida Statutes, are enclosed for yom review.

September 5, 2012 William A Grear, Jr Page2 of4

To assist you in preparing an addendum enclosed you will find Campaign Treasmer's Reporting forms DS-DE 12 (Smnmary), DS-DE 13 (Itemized Contributions), and DS-DE 14 (Itemized Expenditmes}. Should you need additional fmms, please let me know and I will be glad to provide them or you can download the forms from the State Division of Elections' website at http:llelection.dos.state.fl.uslindex.shtrnL

Fmthermore, you have failed to timely file this same Campaign Treasmer' s Report that was due in my office by June 11,2012, by 5:00pm. As such, your report is determined late and a fme will be assessed upon filing of yom addendum.

Section 1 06..07(8)(b ), Florida Statutes, requires that "Upon determining that a repmt is late, the filing officer shall immediately notify the candidate .. . as to the fhllme to file a report by the designated due date and that a fine is being assessed for each late day. The fine shall be $50 per day for the first 3 days late and, thereafter, $500 per day for each late day, not to exceed 25 percent of the total receipts or expenditmes, whichever is greater, for the period covered by the late report ..... "

Once yom addendum to yom campaign tr·easmer' s report is filed, this office will notify you of the specific amount of yom fine.. As governed by Flmida Statutes, Chapter 106, fines shall be paid within 20 days of receipt of the payment due notice, and must be paid fiom your personal funds -· not from your campaign funds ..

Please. be. advised,. fail me to.fi1e a. campaign treasmer' s.r eport .. orJhllme .. to. pay.the ... fine imposed .constitutes .. a violation of Chapter 106, Florida Statutes, which is independent of the automatic fine violation referenced above .. Therefore, if you fail to file a report, I have no other recomse but to tmn the matter over to the Florida Elections Commission.

Section 106265(1), Florida Statutes, copy enclosed, authorizes the Florida Elections Commission, upon finding a willful violation of Chapter 106, Florida Statutes, to impose a civil penalty up to $1,000 per count for each willfiil violation

Should you wish to file an appeal to the Florida Elections Commission, you must submit a notice of appeal to the Commission, in writing within 20 days of the date of receipt of this notice .. The Florida Elections Commission's address is 107 West Gaines Street, Collins Building, Suite 224, Tallahassee, Florida 32399-1050 [phone (850)922-4539]. Please refer to Section 106.07, Florida Statutes, which governs the filing of candidate and political committee reports and Rules 2B-1.005, 1.0052 and L0055, Florida Administrative Code, (copies enclosed) governing Appeal of fines imposed by filing officer; Fine imposed I Timely filed reports; and Late·· filed reports I Unusual circumstances. Additionally, you will need to send a copy of yom notice of appeal to the City of Belle Glade, addressed to the attention of City Clerk/Supervisor of Elections, at 11 0 Dr.. Martin Luther King, Jr.. Blvd., West, Belle Glade, FL 33430 ..

If you have any questions, please do not hesitate to contact me at (561) 992-1609.

Debra R. Buff, 1\11Vf!/ City Clerk/Supervisor of Elections

September 5, 2012 William A Grear, Jr Page 3 of4

Enclosures (13):

1.. Campaign Treasurer's Report- Report Type TR 2 2012 Florida Statutes, Section 106

( '

3.. Campaign Account Bank Statement for William A Grear, Jr Dated 02/29/2012 4 .. Campaign Account Bank Statement for William A Grear, Jr .. Dated 03/31/2012 5.. 2012 Florida Statutes, Section 775 .. 082 6 2012 Florida Statutes, Section 775.083 7.. Form DS-DE 12 (Sununary) 8. Form DS-DE 13 (Itemized Contributions) 9 Form DS-DE 14 (Itemized Expenditures) 1 0 .. Florida Statutes, Section 106..265 11. Florida Administrative Code, Rule 2B-1 .. 005 12 Florida Administrative Code, Rule 2B-1 .. 0052

..... 1},f/l()ri~8:f\d!Il~i~t!~!i\'~.f()d~,_:&l!!e ?!3:_0Q55 ....

• Complete Items 1, 2, and 3, Also complete item 4 if Restricted Delivery Is desired.


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

1 .. Article Addressed to:

William A. Grear, Jr'. 661 SW 4th Street Belle Glade, FL 33430

(

.. Is delivery item If YES, enter delivery address below: DNo

D Express Mail EJ Return Receipt for Merchandise Dc.o.o.

2 Article Number (rransfer fro~ ~efvlce JabeQ 7011 2970 0003 0549 3896

PS Form 3811 , February 2004 -1eturn Receipt 10259&·02·M·1540

UN

/

Certified Mail Provides: a A mailing receipt m A unique identifier for your mailplece s A record of delivery kept bY the Postal Service for two ye~rs

Important Reminders: m Certified Mail may ONLY be combined with First .. Ciass Mall® or Priority Mail<& a Certified Maills nOt civailable for any class of lnternati~nal mail " NO INSURANCE COVERAGE IS PROVIDED wlt·h· Certified Mail For

valuables, pte~~ consider Insured or Registered Mail m For an additional fee, a Return Receipt may be requested to provide proof of

deliVery; To obtain,B.eturn Receipt serv~ce, please complete and attach a Return Receipt (PS Form'3~11) to the article and add applicable postage to cover the fee. Endorse mailp~e "Return Receipt Requested~. To receive a fee waiver for a duplicate return rE:Ceipt, a USPB® postmark on your Certified Mail receipt is requ1red ··

m For an additional-fee, delivery may be restricted to the addressee .or addressee's authorlzet::l agent. Advise the clerk or mark the mallpiece with th'9 endorsement uRestrictedDelivery~ ·

m If a postmark on the Certified Mail receipt is desired, please present the arti·· cte at the post office for postmarking. If a postmark on the Certified Mall receipt is not needed, detach and affix label with postage and mall ·

IMPORTANT: Save this receipt and present it when making an Inquiry .. PS Fonn 3800, August 2006 (Reverse) PSN 753Q..Q2 .. 00Q-9047

ITED STATES POSTAL SERVICE ~ f Ill First-Class Mail :oji'!;'?f;');'i';'f 'ii'!J:\H'\t :~SX;~'l H. ": r,!!, Postage & Fees Paid

USPS Permit No. G-1 0 ,.,,., ,,._.,,., __ ....,.,-, ""'il ~t !\

• Sender: Please print your name, address, and ZIP+4 in this box •

Debra R. Buff, MMC '•'' ..

City Clerk City of Belle Glade 110 Dr. Martin Luther King, Jr. Blvd., West Belle Glade, FL 33430-3900

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FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS


(1)

(2)

City, State, Zip Code'

0 CHECK IF ADDRESS HAS CHANGED (3) ID Number: _______ _


[i}eandidate (office sought): ___.&-=-=\""\R_,G::....l>-;:~~--G:::::· '-"-JL-7------'Co='-rNYI:...::..:..:'.:::.~ &,_a.:.c.r_· "'--"'~"-· ""::..:l----=G=---0 Political Committee 0 CHECK IF ;(J HAS DISBANDED





Cover Period: From _3_ I_.!._ I \C To _(2_ I _t_l I _Jb Report Type liZ [3-0figinal 0 Amendment D Special Election Report D Independent Expenditure Report

:~ :O~:~UTI6:STH~REPoRT 7 ~~:~:~oiT:RESTH~S REP/ Loans $ " / Transfers to Office ~Y Total Monetary ~ Total

·· tV Account/$ )?("

· r Monetary $ ----------

In-Kind $ -------------- r---~--------------------------~ y Other Dist~butions

, (9) TOTAL Monetary Contributions To Date (10) TOTAL Monetary Expenditures To Date

$ $

(11) CERTIFICATION

It is a first degree misdemeanor-for any person to falsify a public record (ss. 839.13, F.S.)

I certify that I have examined this report and it is true, I certify that I have examined this report and it is true, correct, and complete. correct, and complete.

(Type name) 'v/1 Jl1 C\fVI C-reo•( J iL (Type name) \Al/ ko.M G·refv( J 71.

0 Individual (only for 0 Treasurer Btieputy Treasurer [B-Candidate 0 Chairperson (only for PC, PTY &

~z 4 1 !~~ -_r;-"-' OS-DE 12 (Rev. 08/04)

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----·-----J.-.. ~'!!.l... ....... ~~-----~----~.Q~.P-~-----~1--- .... f~ \ ......... . ce~g!_t _____ ~or-:1 h~..!.----'~'1---"1 (€~1A,(e r ____ --~ (i\S •• d:iJ..-(··-k..-~~-----11\M k, k ·------ ... J~ occvk ____ ~~~----~::f.::~~ s _, __ T ~(":.~~~----..:_~~--- -------------

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---------------------------·--·--.. -------·-·--·---;

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

·----------------------

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( '

INSTRUCTIC. ; FOR CAMPAIGN TREASURER'S REI nSUMMARY

(1) Type full name of candidate, political committee, committee of continuous existence, party executive committee, or individual or organization filing an electioneering communication report

(2) Type the address (include city, state, and zip code) You may use a post office box If the address has changed since the last report filed, check the appropriate box

(3) Type identification number assigned by the Division of Elections.


If PC or CCE has disbanded and will no longer file reports, check appropriate box. If individual or organization will no longer file electioneering communication reports, check appropriate box.

(5) Type the cover period dates (e g , From 07/01/03 To 09/30/03) Enter the report type using one of the following abbreviations (see Calendar of Election and Reporting Dates). If report is for a S(lecial election, add "S" in front of the report code ( e g , SG3)

Quarterly Reports General Election Reports

January Quarterly. Q4 461h Day Prior .G1 April Quarterly .. Q1 32'd Day Prior . . .. . .. . . . . . . . . .. G2 July Quarterly. Q2 18'" Day Prior . . .. . . . . . G3 October Quarterly ........................................................... Q3 41

h Day Prior ................................................................... G4

32'' Day Prior .. Primary Reports

F1 90-Day Termination Reports (Candidates Only) 181

h Day Prior . . . . . F2 Termination Report TR .. . .41t>.Day.F'rioL ................................................................... E3 . .

Check one of the appropriate boxes: Original (first report filed for this reporting period) Amendment (an amendment to a previously filed report) Special Election Report Independent Expenditure Report (see Section 106 071, F.S)




(9) Type the amount of TOTAL monetary contributions to date (parties keep cumulative totals for 2 year periods at a time (e.g., 01/01/02 -12/31/03). Candidates keep cumulative totals from the time the campaign depository is opened through the termination report)

(10) Type the amount of TOTAL monetary expenditures to date (parties keep cumulative totals for 2 year periods at a time (e .. g, 01101/02 -12131103). Candidates keep cumulative totals from the time the campaign depository is opened through the termination report).

(11) Type or print the required officer's name and have them sign the report: Candidate report (treasurer & candidate must sign) PC report (treasurer & chairperson must sign) CCE report (treasurer must sign) PTY report (treasurer & chairperson must sign) Electioneerinq Communication report (individual or orqanization's treasurer & chairperson must sign)

AMENDMENT REPORTS: An amendment report summary should summarize only contributions, expenditures, distributions, & fund transfers being reported as additions or· deletions. Read the instr·uctions for the sequence number & amendment type fields on the back of forms OS-DE 13, 14, 14A and 94. The Division will summarize all rannr+Q ~uhmiftAii fnr· .::.J:tt~h n:mnrtinn nArinrl ::tnrl fnr· thA filAr to d::ttP.

( CAMPAIGN ... ,EASURER'S REPORT -ITEMIZED JNTRIBUTIONS

(1) Name ---------------- (2) I . .D .. Number _____ _

(3) Cover Period I I through I I (4) Page (5) (7) (8) (9) (1 0) (11)


Sequence Number

I I

I I

I I

·-· ~-·------ ---~---··· .. . . .

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.. I I

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OS-DE 13 (Rev .. 08/03)

Street Address & Citv. State, Zip Code

Contributor Contribution In-kind Type Occupation Type Description Amendment

. .... --·---··-- ....... .... ... -- I· -- ..... ~-- --

SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

n<~nn1fl

-- ... ·-

of (12)

Amount

- . -·-·-·-··-·· .. -···

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INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT-· ITEMIZED CONTRIBUTIONS (1) Type candidate's full name or name of the political committee (PC), committee of continuous existence (CCE) or

party executive committee (PTY).


(3) Type cover period dates (e g, 7/1/03 through. 9/30/03) (See Calendar and Election Dates for appropriate year and cover periods .. )

(4) Type page numbers (e g, _1_ of _]__)

(5) Type date contribution was RECEIVED (Month/Day/Year).

(6) Sequence Number·- Each detail line shall have a sequence number assigned to it Sequence numbers are to be assigned within each reporting period and for each type of detail line Thus the report type, detail line type, and sequence number will combine to uniquely identify a specific contribution, expenditure, distribution or fund transfer. This method of unique identification is required for responding to requests from the Division and for reporting amendments

For example, a Q1 report having 75 contributions would use sequence numbers 1 through 75 The next report (Q2), comprised of 40 contributions would use sequence numbers 1 through 40 Contributions on amended Q1 reports would begin with sequence number 76 and on amended 02 reports would begin with sequence number 41 . See the Amendment Type instructions below.

(7) Type full name and address of contributor (including city, state and zip code)


Individual = I Business

Committees

= B (also includes corporations, organizations, groups, etc .. )

= C (includes PC's, CCE's and federal committees)

Political Parties = P (includes federal, state ad county executive committees)

........... Other'-- ........... -"' 0 .. (e .. g.,.candidate.surplus funds.to.party,.etc .. )

Type occupation of contributor for contributions over $100 only (If a business, please indicate nature of business.)


NOTE: Cash includes cash and cashier's checks .. Cash CAS Check CHE In-kind INK Interest !NT Loan LOA Membership dues DUE Refund REF

(10) Type the description of any in-kind contribution received

Candidate's Only - If in-kind contribution is from a party executive committee and is allocable toward the contribution limits, type an "A" in this box. If contribution is not allocable, type an "N" ..

(11) Amendment Type (required on amended reports) -To add a new (previously unreported) contribution for the reporting period being amended, enter "ADD" in amendment type on a line with ALL of the required data

The sequence number for contributions with amendment type "ADD" will start at one plus the number of contributions in the original report For example, amending an original 01 report that had 75 contributions, means the sequence number of the first contribution having amendment type "ADD" will be 76; the second "ADD" contribution would be 77, etc. When amending an original Q2 report that had 40 contributions, the sixth "ADD" contribution would have sequence number 46 To correct a previously submitted contribution use the following drop/add procedure Enter "DEL" in amendment type on a line with the sequence number of the contribution to be corrected In combination with the report number being amended, this sequence number will identify the contribution to be dropped from your active records On the next line enter "ADD" in amendment type and ALL of the required data with the necessary corrections thus replacing the dropped data. Assign the sequence number as described above


( f ...

I

CAMPAIGN TREASURER'S REPORT-· ITEMIZED EXPENDITURES (1) Name ________________ _ (2) LD .. Number. ______ _

(3) Cover Period __ ! __ ! __ through_ .. __ ! __ ! __ (4) Page ____ of ___ _

(5) (7) (8) (9) (10) (11)


(6) (Last, Suffix, First, Middle) (add office sought if Expenditure

Sequence Street Address & contribution to a


I I

I I

I I - ··-- . ''' ' ... ··- ~·. '" ' . I ' ··-· ~ ' ' '

I I

"

I I

I I

I I

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OS-DE 14 (Rev. 08/03) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

n ··~ n r -'J n

INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT- ITEMIZED EXPENDITURES



(3) Type cover period dates (07/01/03 through 09/30/03) (See Calendar and Election Dates for appropriate cover periods)

(4) Type page numbers (e.g .• 1. of ;1).

(5) Type date of expenditure (Month/Day/Year).

(6) Sequence Number - Each detail line shall have a sequence number assigned to it. Sequence numbers are to be assigned within each reporting period and for each type of detail line Thus the report type, detail line type, and sequence number will combine to uniquely identify a specific contribution, expenditure, distribution or fund transfer. This method of unique identification is required for responding to requests from the Division and for reporting requirements

For example, a Q1 report having 40 expenditures would use sequence numbers 1 through 40. The next report (Q2), comprised of 30 expenditures would use sequence numbers 1 through 30 Expenditures on amended Q1 reports would begin with sequence number 41 and on amended Q2 reports would begin with sequence number 31 See Amendment Type instructions below

(7) Type full name and address of entity receiving payment (including city, state and zip code).

(8) Type purpose of expenditure (if expenditure is a contribution to a candidate, also type the office sought by the candidate). PLEASE NOTE: This column does not apply to candidate expenditures, as candidates cannot contribute to other candidates from campaign funds. However, PCs (supporting candidates), CCEs and party executive committees contributing to candidates must report office sought (Section 106 07, F S.).


DESCRIPTION CODE 1----------------···················-·············

Disposition of Funds (Candidate) DIS Monetary MON Petty Cash Withdrawn PCW Petty Cash Spent PCS Transfer to Office Account TOA Refund REF

(10) Amendment Type (required on amended reports) - To add a new (previously unreported) expenditure for the reporting period being amended, enter "ADD" in amendment type on a line with ALL of the required data.

The sequence number for expenditures with amendment type "ADD" will start at one plus the number of expenditures in the original report For example, amending an original 01 reports that had 75 expenditures, means the sequence number of the first expenditure having amendment type "ADD" will be 76; the second "ADD" expenditure would have sequence number 39

To correct a previously submitted expenditure use the following drop/add procedure. Enter "DEL" in amendment type on a line with the sequence number of the expenditure to be corrected. In combination with the report number being amended, this sequence number will identify the expenditure to be dropped from your active records On the next line enter "ADD" in amendment type and ALL of the required data with the necessary corrections thus replacing the dropped data. Assign the sequence number as described above.


(

CAMPAIGN ACCOUNT FOR WILLAIM A .. GREAR JR 661 SW 4TH STREET' PO BOX262 BELLE GLADE, FL 33430


1of3

02/29/12

I

Enclosur'es

$$Effective February 26, 2010 all checks will be processed through the Federal Reserve in Cleveland

Regular Checking


I ----Balance-Fo1Ward·From·-Q2ft3/2012·----

4 Deposits/Credits .. ----------,oo-----lmages Enclosed----·· · · -- --- ----- -- --- ----- -7

435.00 + Minimum Balance -38 60 5 Withdrawals/Debits... .. .. , .... , .... , .. 338 60- Average Balance .. 140 74

Ending Balance As Of 02129/2012 96.40 Average Available Balance 123 09

-------------DEPOSITS-------------DATE 0211312012 02/2112012 02/2812012

DATE 02/2412012 02/2712012

DATE 02/2712012

DATE 02/1312012 02/1312012

AMOUNT DESCRIPTION 200 00 Regular Deposit 100 00 Regular Deposit 35 00 Force Pay Credit

DATE

0212812012

AMOUNT DESCRIPTION Nsf Charge Refund

100 00 Regular Deposit

CHECKS----------------CHECK NO AMOUNT DATE CHECK NO AMOUNT

100 00 0212112012 9999. 143 60 50 00 02127/2012 9999. 10 00


FEES CHARGED AMOUNT DESCRIPTION

35 00 NSF Check Charge Item: $10 00 Check: 9999


DAILY BALANCE INFORMATION BALANCE DATE BALANCE DATE BALANCE

0 00 02121/2012 156 40 02/2712012 -38 60 20000 02124/2012 56 40 02128/2012 96 40

7

(

CAMPAIGN ACCOUNT FOR WILLAIM A. GREAR JR 661 SW 4TH STREET PO BOX262 BEL,LE GLADE, FL 33430


Enclosures

2of3

02/29/12

7


Refunded Fees For

Total Overdraft Total Returned Item Total Overdraft Total Returned em ReportinQ Period Fees Fees Fees Fees !TOTAL THIS CYCLE 35.00 35.00 J TOTAL YEAR TO DATE 35.00 35.00 J :

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02/13/2012 $200.00

= CHEC'3~~o~'1fOUNT ~ Z?.U..G't...U. -- -_:Euillio'n C,rec<,.. 3ii -- Ddo~ ... _,_ -·· ";;"....:;"

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02 21/2012 $100.00

~ CHECKING ~CCOUNT ~ -Z?.a..B&..4. DEPO IT ~ .. --- ~ .... O(NCI

·~/r; ~-~: .... ;~~;;;/1!01~~ '""' {J J 4 4 ~ ~,.5.,; 1/ "f? ';f(.re>tH~ ~~ .. ooot~.nma

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02/28/2012 $100.00

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--· 02/27/2012 $50.00

~,.,..,.llcc..Q .. NT"~,.... w-.U, ...... ll.G~v1 ':r'r-6Jt- t,..<:;,"t- ~-c. tic. ;:;..t~.tt,~(... ~!-.,..,...:~ I

-.£:!J..£~ "l-· .... ~,

&ftl..<£.'·1r f:_ 8.,//. C.i,,J, o) $ N~ &P 6 "''1 cQ.oJ -r'<>'f/:2:=jk ............ .d:!:l ~:.A:Ylllflolfl mE?:

~<&6"&..4 ::M..,."":'~.-

Ch' -02/21/2012 9999 $143 .. 60

. ···::~-

Account: Date

02/27/2012 9999 $10 .. 00

O<lflli4.6

02/29/12

( I '

CAMPAIGN ACCOUNT FOR WILLAIM A. GREAR ,JR 661 SW 4TH STREET PO BOX262

Page Number Account Number:

BELLE GLADE, FL 33430 Date

Enclosures

$$Effective February 26, 2010 all checks will be processed through the Fede raJ Reserve in Cleveland

I Regular Checking


- ---- · -saJance-Forward-From--03/01/2012-- · - - ----·-96-40-----lmages-Enclosed-5 Deposits/Credits.. 1,100 00 + Minimum Balance

11 Withdrawals/Debits_. ----- ·-- __ 1,196 40- Average Balance .. Ending Balance As Of 03/31/2012 00 Average Available Balance

1of4

03/31/12

I , _____ 16_

0.00 193 81 113 16

16

-------------DEPOSITS-------------DATE 03/01/2012 03/05/2012 03/05/2012

DATE 03/05/2012 03/07/2012 03/09/2012 03/12/2012 03/12/2012 03/13/2012

DATE 02/29/2012 03/01/2012 03/05/2012 03/07/2012

AMOUNT DESCRIPTION 250 00 Regular Deposit 100 00 Regular Deposit 400 00 Regular Deposit

DATE 03/08/2012 03/12/2012

CHECKS CHECK NO AMOUNT DATE

100 00 03/13/2012 350.00 03/19/2012 200 00 03/22/2012 100 00 03/15/2012 100 00 03/05/2012 30 00

AMOUNT DESCRIPTION 150.00 Regular Deposit 200.00 Regular Deposit

CHECK NO

12. 9999.

AMOUNT 100 00 80 00 18 40

110 00 800


·DAILY BALANCE INFORMATION BALANCE DATE BALANCE DATE BALANCE

96 40 03/08/2012 538 40 03/15/2012 9840 34640 03/09/2012 338 40 03/19/2012 18 40 73840 03/12/2012 33840 03/22/2012 0 00 388.40 03/13/2012 20840

" I '

CAMPAIGN ACCOUNT FOR WILLAIM A, GREAR ,JR 661 SW 4TH STREET PO BOX262 BELLE GLADE, FL 33430

' I


Enclosures

2of4

03/31/12

16


Refunded Fees For

Total Overdraft Total Returned Item Total OverdraftTTotal Returned em ReportinQ Period Fees Fees Fees Fees I TOTAL YEAR TO DATE 35.00 35.oo I I

(

03/01/2012 $250 00

= CHECKING ACCOUNT -_F-.t&.G'u.J,.. DEPOSIT -~ ........ .., :

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IlliTe y 20/2.--"""'0'"' .=::.-:-;:,;-;:~'"E"..:':=.. ~1!~

03/08/2012 ~150. 00

= CHEC'g~~tfsTfOUNT I~ 7?.Ll.""""-_,--- -~ ~ ...... '&·,rt~, ,4 G~"~·or: :;;. ('"7'';,·";'(... .. -r.<Ot< ~W'I~ga &~5>,.. ' ~..~~. $10/<AII,PM & _.:: ... ~~· "";'.;:'

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03/13/2012 $100 .. 00

03/31/12

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03/31/12

A Compilation of

T 1·1 ELECT! ON

- -t~AWS ------- -- --- -- ------ --- -- -of the

State of Florida

Revised:

April2012 FLORIDA DEPARTMENT OF STATE

Division of Elections _JII

F.S. 2011

106 011 106 021

106022 106 023 106 025 106 03

106 04 106 05

106 055 106 06 106 07 106.0701

106 0703

CAMPAIGN FINANCING

CHAPTER 106

CAMPAIGN FINANCING

Definitions Campaign treasurers; deputies; primary

and secondary depositories Appointment of a registered agent; duties Statement of candidate Campaign fund raisers Registration of political committees and

electioneering communications organi· zations

Committees of continuous existence. Deposit of contributions; statement of cam-

paign treasurer Valuation of in·kind contributions

106.1475

106.15 10616 106161 106165

106.17 10618

10619

Treasurer to keep records; inspections 106.191 Reports; certification and filing. Solicitation of contributions on behalf of s 106 21

527 or s. 501(c)(4) organizations; report-ing requirements; civil penalty; exemp- 106 22 fun. 1oom

Electioneering communications organiza- 106.24 tions; reporting requirements; certifica-

,'

I

Ch.106

Telephone solicitation; registered agent requirements; penalty

Certain acts prohibited Limitation on certain rates and charges. Air time available at the lowest unit rate. Use of closed captioning and descriptive

narrative in all television broadcasts. Polls and surveys relating to candidacies. When a candidate's name to be omitted

from ballot. Violations by candidates, persons con ..

nected with campaigns, and political committees

Signatures gathered for initiative petition; effect of ch. 97-13.

Certificates of election not to be issued upon conviction

Duties of the Division of Elections. Powers of the Division of Elections Florida Elections Commission; member-

.. - ~ -ro~6 o705 EI~~Eo~~~~i\i~~2_~~~~~~}aign- treifsurer's · ·· 1 06 25 ship; powers; duties.

-Reports ... of~.alleged .. violations .. to.J'Iorida Elections Commission; disposition of findings reports

1 06 0706 Electronic filing of campaign finance reports; public records exemption

106 071 Independent expenditures; electioneering communications; reports; disclaimers

106 075 Elected officials; report of loans made in

10608 106.087

106 088

106 09

10611

106113 10612 106125 106 14 106.1405 106 141 106.143

1061435

106 1437 106 1439

106.147

year preceding election; limitation on contributions to pay loans

Contributions; limitations on Independent expenditures; contribution

limits; restrictions on political parties, political committees, and committees of continuous existence

Independent expenditures; contribution limits; restrictions on affiliated party committees

Cash contributions and contribution by cashier's checks.

Expenses of and expenditures by candi-dates and political committees

Expenditures by local governments Petty cash funds allowed Credit cards; conditions on use Utilities; deposits; prior authorization Use of campaign funds. D,isposition of surplus funds by candidates Political advertisements circulated prior to

election; requirements Usage and removal of political campaign

advertisements. Miscellaneous advertisements Electioneering communications; disclai

mers Telephone solicitation; disclosure require

ments; prohibitions; exemptions; penalties.

101

10626

106.265 106.27

10628 10629

106.295 106 30 106 31 106 32 106 33 106 34 10635 106 353

106 355

106 36

Powers of commission; rights and responsibilities of parties; findings by commission

Civil penalties Determinations by commission; legal dis

position Limitation of actions Reports by political parties and affiliated

party committees; restrictions on contributions and expenditures; penalties

Leadership fund Short title Legislative intent 1Eiection Campaign Financing Trust Fund Election campaign financing; eligibility Expenditure limits Distribution of funds. Candidates voluntarily abiding by election

campaign financing limits but not requesting public funds; irrevocable statement required; penalty.

Nonparticipating candidate exceeding limits

Penalties; fines

106 .. 011 Definitions .. -As used in this chapter, the following terms have the following meanings unless the context clearly indicates otherwise:

1 (1)(a) "Political committee" means: 1 A combination of two or more individuals, or a

person other than an individual, that, in an aggregate amount in excess of $500 during a single calendar year:

a Accepts contributions for the purpose of making contributions to any candidate, political committee,

,~

1.

Ch. 106 CAMPAIGN FINANCING F.S. 2011

1 The General Revenue Fund, in the case of fines collected by the Division of Elections.

2 The general revenue fund of the political subdivision, in the case of fines collected by a county or municipal filing officer No separate fine shall be assessed for failure to file a copy of any report required by this section .

(b) Upon determining that a report is late, the filing officer shall immediately notify the treasurer of the committee or the committee's registered agent as to the failure to file a report by the designated due date and that a fine is being assessed for each late day. Upon receipt of the report, the filing officer shall determine the amount of fine which is due and shall notify the treasurer of the committee. Notice is deemed complete upon proof of delivery of written notice to the mailing or street address on record with the filing officer The filing officer shall determine the amount of the fine due based upon the earliest of the following:

t When the report is actually received by such officer.

2 When the report is postmarked. 3 When the certificate of mailing is dated

designated " <name of candidate or comminee> Campaign Account" Except for contributions to political committees made by payroll deduction, all deposits shall be accompanied by a bank deposit slip containing the name of each contributor and the amount contributed by each. If a contribution is deposited in a secondary campaign depository, the depository shall f01ward the full amount of the deposit, along with a copy of the deposit slip accompanying the deposit, to the primary campaign depository prior to the end of the 1st business day following the deposit

Hlstory.-s. s. ch. 73-128; s 1 ch 76··88; s 1 ch ?7<·174; s 43 ch 77-·175; s 7 ch. 89-256; s 29 ch 90·315

106 .. 055 Valuation of in-kind contributions .. -Any person who makes an in-kind contribution shall, at the time of making such contribution, place a value on such contribution, which valuation shall be the fair market value of such contribution. Travel conveyed upon private aircraft shall be valued at the actual cost of per person commercial air travel for the same or a substantially similar route

Hlstory.-s 44 ch 77--175; s 43. ch. 2007··30

4 When the receipt from an established courier 106 .. 06 Treasurer· to keep records; inspections. company is dated (1) The campaign treasurer of each candidate and

f the campaign treasurer of each political committee shall --~fi~~ r~6~~~~i~~~~i1c~J~-M~~~~'lffii~~e.~!2p~1"~ -·- keep c~etailedaccounts,currentwithin -not more ·than 2

is made to the Florida Elections Commission pursuant days after the date of receiving a contribution or making to paragraph (c). An officer or member of a committee is an expenditure, of all contributions received and all not personally liable for such fine expenditures made by or on behalf of the candidate or

(c) Any treasurer of a committee may appeal or political committee that are required to be set forth in a dispute the fine, based upon unusual circumstances statement filed under this chapter The campaign surrounding the failure to file on the designated due treasurer shall also keep detailed accounts of all date, and may request and is entitled to a hearing before deposits made in any separate interest-bearing account the Florida Elections Commission, which may waive the or certificate of deposit and of all withdrawals made fine in whole or in part Any such request must be made therefrom to the primary depository and of all interest within 20 days after receipt of the notice of payment due earned thereon The committee shall file the appeal with the commis- (2) Accounts, including separate interest-bearing sion, with a copy provided to the filing officer accounts and certificates of deposit, kept by the

(d) The filing officer shall notify the Florida Elections campaign treasurer of a candidate or political committee Commission of the repeated late filing by a committee of may be inspected under reasonable circumstances continuous existence, the failure of a committee of before, during, or after the election to which the continuous existence to file a report after notice, or the accounts refer by any authorized representative of the failure to pay the fine imposed. Division of Elections or the Florida Elections Commis-

History.-s. 4, ch. 73 .. 128; ss 4, 16, ch 74·200; s. 1, ch. n-174; s. 42 ch sion The right of inspection may be enforced by 77 .. 175; s 57, ch 79-400; s. 2s, ch. st-304; s. s, ch. SS··22s; s s, ch. ss-2ss; s 2s, appropriate writ issued by any court of competent ch. so-sts; s 1 ch. so-33a; ss. s 12 ch. st-107; s. 1, ch. ss-t4o; s. sss ch J·urisdiction. The campaign treasurer of a political 95-147; s. 6, ch. 97·13; ss. 3, 16 ch 2004·252; s. 4, ch. 2006·300; s. 42. ch 2007-so; s. 22, ch. 2oto .. ts7; ss s so ch 2otH; s ss, ch 2011·40; HJR 7105 committee supporting a candidate may be joined with 2011 Regular Session f h d"d d

1Note.-3ectlon 30, ch. 2011·6, provides that "[t)his act shall take effect July 1, the Campaign treasurer 0 t 6 Can I ate as respon ent 2010.~ Passed by the Senate and the House of Representatives over the Governor's in SUCh a proceeding. vetoMarch24 2011.HouseJointResolutlon7105,2011 RegutarSesslon,provides k b · f that c.s. lorC.S.IorH.B. 1207, 2010 Regular Session, which becamech .. 2011 .. 6, Is (3) Accounts ept y a campatgn treasurer 0 a effective "upon becoming a law, the veto of the Governor notwithstanding. It any law candidate Shall be preserved by the campaign treasurer amended by this act was also amended by a taw enacted during tho 2010 Regular for a number of years equal to the term of Offl"ce of the Session, such taws shall be construed as it they had been enacted at the same session of the Legislature and lull effect shall be given to each if possible:" c s for office to which the candidate seeks election Accounts C S. tor H B 1207 2010 Regular Session became taw on March 24 2011 kept by a campaign treasurer Of a political committee

106 .. 05 Deposit of contributions; statement of campaign treasurer.,-AII funds received by the campaign treasurer of any candidate or political committee shall, prior to the end of the 5th business day following the receipt thereof, Saturdays, Sundays, and legal holidays excluded, be deposited in a campaign depository designated pursuant to s 106 021, in an account

110

shall be preseNed by such treasurer for at least 2 years after the date of the election to which the accounts refer

Hlstory.-s 6 ch 73-128;s 45, ch 77-·175;s.3. ch 79 .. 378;s 8, ch 89·256;s 30. ch 90·315

106 .. 07 Reports; certification and filing .. -(1) Each campaign treasurer designated by a can

didate or political committee pursuant to s 106 02t shall

/ I.

F.S. 2011 CAMPAIGN FINANCING Ch.106

file regular reports of all contributions received, and all officer within 5 days after the designated due date that expenditures made, by or on behalf of such candidate or was delivered by the United States Postal Service shall political committee Except for the third calendar quarter be deemed timely filed unless it has a postmark that immediately preceding a general election, reports shall indicates that the report was mailed after the designated be filed on the 1Oth day following the end of each due date .. A certificate of mailing obtained from and calendar quarter from the time the campaign treasurer dated by the United States Postal Service at the time of is appointed, except that, if the 10th day following the mailing, or a receipt from an established courier end of a calendar quarter occurs on a Saturday, company, which bears a date on or before the date Sunday, or legal holiday, the report shall be filed on on which the report is due, shall be proof of mailing in a the next following day which is not a Saturday, Sunday, timely manner Reports shall contain information of all or legal holiday Quarterly reports shall include all previously unreported contributions received and excontributions received and expenditures made during penditures made as of the preceding Friday, except that the calendar quarter which have not otherwise been the report filed on the Friday immediately preceding the reported pursuant to this section. election shall contain information of all previously

(a) Except as provided in paragraph (b), the reports unreported contributions received and expenditures shall also be filed on the 32nd, 18th, and 4th days made as of the day preceding that designated due immediately preceding the primary and on the 46th, date All such reports shall be open to public inspection 32nd, 18th, and 4th days immediately preceding the 2 This subsection does not prohibit the governing election, for a candidate who is opposed in seeking body of a political subdivision, by ordinance or resolunomination or election to any office, for a political tion, from imposing upon its own officers and candidates committee, or for a committee of continuous existence electronic filing requirements not in conflict with s

(b) Any statewide candidate who has requested to 1060705. Expenditure of public funds for such purpose receive contributions pursuant to the Florida Election is deemed to be for a valid public purpose Campaign Financing Act or any statewide candidate in a (b)1 Any report that is deemed to be incomplete by race with a candidate who has requested to receive the officer with whom the candidate qualifies shall be contributions pursuant to the act shall also file reports on accepted on a conditional basis The campaign treas-

·····-·····-·······-··- ... .tb.e3tb.~Utb •.. .l8.tb,_25.tb, __ and ... 32nd.days_prioc.to .. tb.e. ___ ureLs.baiLb_e_o_o.titi.e.d .. by_ c_e_ctitie_d ___ ro.aii_Qr_t>y __ anQtber ___ _ primary election, and on the 4th, 11th, 18th, 25th, 32nd, method using a common carrier that provides a proof of 39th, 46th, and 53rd days prior to the general election delivery of the notice as to why the report is incomplete

(c) Following the last day of qualifying for office, any and within 7 days after receipt of such notice must file an unopposed candidate need only file a report within 90 addendum to the report providing all information nedays after the date such candidate became unopposed. cessary to complete the report in compliance with this Such report shall contain all previously unreported section Failure to file a complete report after such contributions and expenditures as required by this notice constitutes a violation of this chapter. section and shall reflect disposition of funds as required 2 Notice is deemed complete upon proof of delivery by s. 106.141 of a written notice to the mailing or street address of the

(d)1 When a special election is called to fill a campaign treasurer or registered agent of record with vacancy in office, all political committees making the filing officer contributions or expenditures to influence the results (3) Reports required of a political committee shall be of such special election or the preceding special primary filed with the agency or officer before whom such election shall file campaign treasurers' reports with the committee registers pursuant to s 106 03(3) and shall filing officer on the dates set by the Department of State be subject to the same filing conditions as established pursuant to s 100 111 for candidates' reports Incomplete reports by political

2. When an election is called for an issue to appear committees shall be treated in the manner provided for on the ballot at a time when no candidates are incomplete reports by candidates in subsection (2) scheduled to appear on the ballot, all political commit- (4)(a) Each report required by this section must tees making contributions or expenditures in support of contain: or in opposition to such issue shall file reports on the 1. The full name, address, and occupation, if any of 18th and 4th days prior to such election each person who has made one or more contributions to

(e) The filing officer shall provide each candidate or for such committee or candidate within the reporting with a schedule designating the beginning and end of period, together with the amount and date of such reporting periods as well as the corresponding desig- contributions. For corporations, the report must provide nated due dates as clear a description as practicable of the principal type

(2)(a)1. All reports required of a candidate by this of business conducted by the corporation However, if section shall be filed with the officer before whom the the contribution is $100 or less or is from a relative, as candidate is required by law to qualify. All candidates defined ins. 112 312, provided that the relationship is who file with the Department of State shall file their reported, the occupation of the contributor or the reports pursuant to s 106 0705. Except as provided in principal type of business need not be listed s. 1 06 0705, reports shall be filed not later than 5 p m of 2. The name and address of each political committhe day designated; however, any report postmarked by tee from which the reporting committee or the candidate the United States Postal Service no later than midnight received, or to which the reporting committee or of the day designated shall be deemed to have been candidate made, any trarrsfer of funds, together with filed in a timely manner Any report received by the filing the amounts and dates of all transfers

111

" I

Ch. 106 CAMPAIGN FINANCING F.S. 2011

(1) The name of a candidate shall not be printed on the ballot for an election if the candidate is convicted of violating s . 1 06 19.

(2) Any candidate whose name is removed from the ballot pursuant to subsection (1) is disqualified as a candidate for office. If the disqualification of such candidate results in a vacancy in nomination, such vacancy shall be filled by a person other than such candidate in the manner provided by law

(3) No certificate of election shall be granted to any candidate until all preelection reports required by s 106 07 have been filed in accordance with the provisions of such section However, no candidate shall be prevented from receiving a certificate of election for failure to file any copy of a report required by this chapter

Hlstory.-s. 18, ch. 73<·128; s 57 ch 77-·175; s 11 ch 85 .. 226; s 37 ch 9o-315; s 3, ch 90·338

106 .. 19 Violations by candidates, persons connected with campaigns, and political committees ..

(1) Any candidate; campaign manager, campaign treasurer, or deputy treasurer of any candidate; committee chair, vice chair, campaign treasurer, deputy treasurer, or other officer of any political committee; agent or person acting on behalf of any candidate or political committee; or other person who knowingly and

- --\'iillfUIIy'··-·~- -- -~---·. .. ·- -. -- ---·· .. .. .

(a) Accepts a contribution in excess of the limits prescribed by s 106.08;

(b) Fails to report any contribution required to be reported by this chapter;

(c) Falsely reports or deliberately fails to include any information required by this chapter; or

(d) Makes or authorizes any expenditure in violation of s 106.11(4) or any other expenditure prohibited by this chapter;

is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s 775 083.

(2) Any candidate, campaign treasurer, or deputy treasurer; any chair, vice chair, or other officer of any political committee; any agent or person acting on behalf of any candidate or political committee; or any other person who violates paragraph (1)(a), paragraph (1)(b), or paragraph (1)(d) shall be subject to a civil penalty equal to three times the amount involved in the illegal act Such penalty may be in addition to the penalties provided by subsection (1) and shall be paid into the General Revenue Fund of this state

(3) A political committee sponsoring a constitutional amendment proposed by initiative which submits a petition form gathered by a paid petition circulator which does not provide the name and address of the paid petition circulator on the form is subject to the civil penalties prescribed in s 106.265

(4) Except as otherwise expressly stated, the failure by a candidate to comply with the requirements of this chapter has no effect upon whether the candidate has qualified for the office the candidate is seeking.

Hlstory.-s 19 ch 73-128; s. 57, ch. 77·175; s. 62, ch. 7!).A00; s 12 ch 91-107; s. 649, ch. 95·147; ss .. 24 45 ch 97 .. 13; s 8 ch 2002·197; s 11 ch 2006·300; s. 69. Ch 2011 .. 40

106 .. 191 Signatures gathered for initiative petition; effect of ch .. 97-13 .-Any signature gathered on an authorized form for an initiative petition by a paid petition circulator which has been submitted prior to the effective date of this act may be kept and counted, if otherwise valid, and that form is not required to have the name and address of the paid petition circulator, nor is any such signature affected by the prohibition against filing an undue burden oath in lieu of paying the fee to have signatures verified, as provided by this act However, any signature gathered on or after the effective date of this act is subject to the provisions of this act and, if payment is made to any person to solicit signatures after the effective date of this act, an undue burden oath may not be filed in lieu of paying the fee to have signatures verified. In addition, any initiative petition form approved by the Secretary of State prior to the effective date of this act may continue to be circulated.

Hlstory-s. 25. ch 97··13

106 .. 21 Certificates of election not to be issued upon conviction .. -

(1) If a successful candidate is convicted of violating s. 106 19(1) prior to the issuance of his or her certificate of election, such certificate shall not be issued, and a vacancy shall be declared and filled as provided by law

··-·-(2)···-lta·successful·candidate'is·convicted·otvlolating··- · s. 106.19(1) subsequent to the issuance of a certificate of election but prior to taking office, such certificate shall be rescinded by the issuing body and declared void, and a vacancy in office shall exist and be filled as provided by law.

Hlstory.-s. 21 ch 73 .. 128; s 57 ch 77-·175; s 650 ch 95··147

106.22 Duties of the Division of Elections.-11 is the duty of the Division of Elections to:

(1) Prescribe forms for statements and other infor .. mation required to be filed by this chapter Such forms shall be furnished by the Department of State or office of the supervisor of elections to persons required to file such statements and information with such agency

(2) Prepare and publish manuals or brochures setting forth recommended uniform methods of bookkeeping and reporting, and including appropriate portions of the election code, for use by persons required by this chapter to file statements

(3) Develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter

(4) Preserve statements and other information required to be filed with the division pursuant to this chapter for a period of 1 0 years from date of receipt

(5) Prepare and publish such reports as it may deem appropriate

(6) Make, from time to time, audits and field investigations with respect to reports and statements filed under the provisions of this chapter and with respect to alleged failures to file any report or statement required under the provisions of this chapter. The division shall conduct a postelection audit of the campaign accounts of all candidates receiving contributions from the 1 Election Campaign Financing Trust Fund

128

·-

El::ction Results Palm Beach ["'''lilty March 13, 2012 I SOE Software ( Page 1 of 1

Palm Beach County Supervisor of Elections Uniform Municipal Election March 13, 2012 Website last updated 3/14/2012 12:39:11 AM EDT

Search Contests (35 of 35)

BELLE GLADE ·· SEAT C

7 of 7 Precincts Reporting

William Grear, Jr

Larry Underwood

BELLE GLADE • SEAT E


Johnny Burroughs, Jr Ralph Walker

... ··-·- - -·---·-·-·· ......... ___

Unofficial Results Includes Absentee Ballots

Includes Provisional Ballots Next>>

_I

~11~~ I llllljijjlil!!i I

- ..•. ···--· . . -· """ .. ···- ... ···-- ... --------··· -

BOCA RATON· CITY COUNCIL SEAT D


Anthony Majhess I Frank Chapman ii!liillk!@lMI I

DELRAY BEACH· COMMISSION SEAT 2


Pat Archer David John Armstrong AI Jacquet Christina Morrison @@!!1!1 I

DELRAY BEACH .. COMMISSION SEAT 4


Angie Gray Victor Kirson

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Percent Votes

37 82% 385 62.18% '633

1,018

Percent Votes

7505% 764

24.95% 254

1,018

Percent Votes

5630% 3 857 43.70% 2,994

6,851

Percent Votes

2913% 1,156

340% 135

4926% 1,955 18.22% 723

3,969

Percent Votes

6225% 2261

37.75% 1.371

3.632

http://results em. ciaJityelections .. com!F L/Palm _ Beach/38385/7 5641/en/summaJy .html 10/5/2012

Municipal Election Results on]'lfarch 13, 2012 ' (

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MUnicipal Election Results on March 13, 2012 Wedne5d<l~ 14Ml1."dl20121/ ~61 ):< fi,. ';::.;;!

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110 Dr Martin Luther King Jr., Blvd, Belle Glade Florida 33430 Phone (561) 996·0100 Contact Jhe ISS Staff !legfll pjsclajmer Not1ce

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Under Florida law e .. mail addresses are public records. If you do not wanl your e-mail address released In response to a public .. records request do not send eleclronic mail to this enllty Instead contact this office by phone or in writing ©Copyright 2006 .. 2012 City of Belle Glade

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Effie Grear. longtime Glades principal dies at 84 I www ... www .palmbeac.hpost com > News > Edvc.,1tion Ma1 1'1, 2012 -··Effie Grear longtime Glades principal, dies at 84 photo. Effie C Grear during a Healthcare District meeting at Lakeside Medical Center in Belle

Or. Effie C. Grear~ Congressman Alcee Hastings www.alceehastings.tlouse govlindex php? effle·c-grear .. M. Speaker, I rise today to honor the memory of Dr. Effie C. Grear who died on May 16 2012 Dr Grear a widely known and greatly beloved figure in her home

Dr. Effie C. Grear~ Congressman Alcee Hastings www.alceehastings.tlOuse.gov > Newsroom May 18, 2012- M. Speaker, I rise today to honor the memory of Dr Effie C Grear who died on May 16 2012 Or Grear a widely known and greatly beloved

Effie C. Grear Field Glades Central High School - Belle Glade - Belle ... foursquare. com> Arts & Entertainment> Stadium> Football Stadium 5 visitors have checked in at Effie C Grear Field Glades Central High School See photos tips. similar places and friends who have been there

Honoring The Life Of Or. ·Effie C. Grear l Caoitol Words ca pitolwords.org/date/. JE863 _tlonoringwthew!ife-of-dr ·effic-c .. grear. May 18 2012- Mr.-Speaker, 1 rise today to honor the memory of Or. Effie C Grear who died on May 16 2012 Or Grear a widely known and greatly beloved

Dr Grear Tribute.mov ~You Tube www yo~Jtube comlwa.tch ?v=WPecNnVAw38 May 19,2012 ·Uploaded by MBSConnect1 In loving memory to our dear Or. Effie C. Grear, the best principle to walk the halls of Glades Central High We ....

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News & Public Information ~ Lakeside Medical Center www.lakesidemedical org > .. > AtJout Us> News and Public lnfonnation May 23, 2012- The Health Care District of Palm Beach County honors the life of Effie C Grear EdD a two-term member of the Health Care District's Board of

Effie Grear~ Executive Profile www corporationwiki com J Florida ' Belle Glade Ft. .. Director and Preside11t .. B & E Enterprises, Inc Dec 1 ~ 2012 -Effie c. Grear is associated with B & E Enterprises. Inc and holds several roles such as Director and President Effie C Grear has 2 known

Countv Educators Communities Mourn Death of First African news palmbeach k12 flus/ /county .. cdueators-communitios-mourn-JUil 29 2010- ... Fl.; brother--in-laws Ira C Robinson (Clarice) of Brandon. Fl and William . Fl She also leaves a special friend Dr Effie C Grear and her son

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Honoring The Life Of Dr. Effie C. Grear

~rn

Volume Volume 158, Number 72

Pages Pages E863

Legislative Body Extensions of Remarks

Date hi, May 18.2012

Rep. Alcee L. Hastings

Party

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Mr. Speaker, I rise today to honor the memory of Dr Effie C. Grear, who died on May 16,2012. Dr.. Grem, a widely known and greatly beloved figme in her home town of Belle Glade, Florida and the other communities smrounding Lake Okeechobee, dedicated more than 50 yems of her life as an educatm. She earned her B.A. in Music Education from West Virginia State University, her MA in the same major from The Ohio State University, and her Doctorate in Educational Leadership from Nova Southeastern University

Highlights of her career included organizing the first bands at Florida A&M University High School in Tallahassee and Smith-Brown High School in Arcadia, Florida .. She later became Band Director at Lake Shore High School in Belle Glade and then Assistant Principal at that school. After moving to the Assistant Principal position at Glades Central High School, she eventually became Principal in 1976, a position she held until retiring in 1976

Dr Grear had a long record of community involvement as a member of the Advisory Boards of Glades Central High School's Criminal Justice Academy and the Glades Community Development Corporation, the Florida and National Associations of Secondary School Principals, the Pahn Beach County Criminal Justice Commission, and the Association of School Cuniculum Development. At the time of her passing, she was serving as a Commissioner on the Health Cme District of Palm Beach County and its representative to the Glades General Hospital Advisory Board

Among her many awards and honors are Belle Glade, Florida Chamber of Commerce Citizen of the -- Y ear:TT982 )-,-MiirtinTutliefKing, -rr:.-H mrHi.m tarianAwatd fiortrtlfe-uroan· teague ofPaJm· Beach -- -

County (1988), Palm Beach County NAACP Community Service Award (1989), and the Florida Association of Women's Clubs Hattie L Dorah Woman ofthe Year Award (1990) .. In 1991, she was named Florida Secondmy School Principal of the Yem. The following yem, Dr Grem was honored with the Ida S Baker Distinguished Black Educator Award by the Govemor and the Cabinet in Tallahassee.

In 2000, the Palm Beach County School Bomd recognized her long record of service to the boys and girls of the Glades area by naming the athletic field at Glades Central High School after her That same year, I honored her myself with my Educational Leadership Award for Commitment to Boys and Girls in Palm Beach County, Florida She was recognized again by Palm Beach Community College in 2004, when they gave her their Community Leadership Award during their annual Martin Luther King, Jr.. Birthday Observance

Mr Speaker, Dr. Grear was manied to the late William A Grem, the first African American to serve. as a City Commissioner in Belle Glade, Florida .. The couple had two children, Rhonda Grear, a Registered Nurse, and William Grear, Jr .. , a digital technician with Bell South Corporation and former Belle Glade City Commissioner Dr. Effie Grear enjoyed enormous respect among everyone in the educational field and all those familiar with her devotion to children and her love for her community She was a good fiiend and mentor to many and she will be dearly missed

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Street Address: 110 Or Martin Luther King Jr Blvd W Selle· Gl<1de FL 33430·3930

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Phone Number: (561) 996 0100

Fax Number: (561) 993·1814

Website Address: http.-;;,w,~ bdl<:gl.ldegov wm

Email Address: dbuff@belleqlaclc-11 com

Year Incorporated: 1945

Population: 17426

County: Palm Beach

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City History: Incorporated 1928 The community is on the south shot'(' of Lake Okeechobee ~nd was once known as the Hillsborough Canal Settlement In 1921 a post office was sought and a prerequisite for a more ple~sanHounding name F M Myer, proprietor of the Pioneer Hotel, placed a blackboard ·u, his lobby and solicited suggestions Then one day. a group of tourists carne dowrl the canal from West Palm Boach and stayed at the hotel after making a trip throlrgh the Evergl<~des One of them remarked th<lt the Hillsborough Canal Settlement was the 'belle of the glades.· Mrs Elsie Myer, the wife of the hotel proprietor, quickly added ' Belle Glade " to the list of names on the blackboard and when an informal poll was later taken, it was voted the favorite

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110 Dr Martin Luther King Jr .. Blvd, Belle Glade Florida 33430 Phone {561) 996 .. 0100 Contact the ISS SISJtf IL.~fi£11 ()isctsumPr Notice

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Under Florida law C··mail addresses are public records. If you do not want your e .. mail address released In response to a public .. records request do not send electronic ma'tl to th'1s entity Instead contact this office by phone or in writing ©Copyright 2006 .. 2012 City of Belle Glade

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Mayor Steve 8 Wilson

Vlco Mayor Mary Ross Wilkerson

Treasurer Michael C Martin

Commtsstonor .Johnny Burroughs Jr

Commlsslonor Larry Underwood

History of the Council-Manager Form of Government

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One of the key elements in twentieth·century municipal reform has been the proposition that a strong and non-political executive office should be the administrative centerpiece of municipal government This concept has been Implemented in thOusands of American cities in the twentieth century by the adoption of the councit·manager form of government. This form parallels the organization of the business corporation: voters (stockholders) elect the council (board of directors), including the mayor (chairman of the board), which, in turn, appoints the manager (chief administrative officer) Unlike the council-mayor forms. where the emphasis IS on political leadership the prevailing norms in the council··manager form are administrative competence and efficiency

Under the council-manager form, the manager is the chief administrative office of the city, The man<:~ger superviSes and coordinates the departments, appoints and removes their directors. prepares the budget for the council's consideration, and makes reports and recommendations to the council. All department heads report to the manager. The manager is fully responsible for municipal administration. The mayor in a council·manager form is the ceremonial head of the municipality, presides over council meetings, and makes appointments to boards. The mayor may be <:~n important political figure, but has little, if any, role in day·to·day municipal administration In some councils·manager cities the office of mayor 1s filled by popular election; in others by council appointment of a council member

The council·manager plan, first used in 1908 in Staunton. Virginia, received nationwide attention six years rater when Dayton, Ohio, became the first sizable city to adopt it. Thereafter, the plan's popularity enjoyed steady but not spectacular growth until after World War II At that time, many municipalities were confronted with tong lists of needed seNices and improvements that had backlogged since the Depression years of the t930s. Faced with such challenges m<:~ny municipa!ities <Jdopted the councit.manager form. The plan has been especi<JIIy attractive to small·· and medium-sized localities It is use<! in a majonty of American municiP<Jiities w1th populations of 25 000 to 250 000 It has been strongly promoted since the 1920s by the N3tional Civic League

The council-manager form is widely viewed as a way to take politics out of municipal administration. The manager is expected to abstain from any and all political Involvement. At the same time the council members and other •potiUcat• leaders are expected to refrain from intruding on the manager's rote as chief

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executive. Of course, the manager, who is hired and fired by the council, is subject to the authority of the council, but council members are expected to abstain from seeking to individuallY interfere in administrative matters, including actions in personnel matters. Some city charters provide that interference in administrative matters by an elected city official is grounds for removal of the elected official from office

Source: The Florida Municipal Offlcia!S: Manual (a publication d the Florida h'1s1itute of Government in cooperation with the Florid§! LePque or Cit,es)

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© 2008-2012 City of Belle Glade 110 Dr Marlin Luther King .Jr., Blvd. Belle Glade Florida 33430 Phone

(561) 996·0100 Contact the ISS Staff 1 ! ega! Disclaimer Notice

Under Florida law e·mail addresses are public records. If you do not want your e·mail address released in response to a public·records

request, do not send electronic mail to this entity. Instead. contact this office by phone or in writing ©Copyright 200&- 2012 City of Belle

Glade

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