STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

In Re: Richard C. Brown Case No.: FEC 12-426

------------------------~/

NOTICE OF HEARING ON APPEAL OF AUTOMATIC FINE

TO: Richard C. B-rown 11021 NW22ndAvenue Miami, Florida 33167

Miami-Dade County Supervisor of Elections. 2700 NW SJ'h Avenue Miami,. Florida 33172

PLEASE TAKE NOTICE that on May 14,2013, at 8:30 a.m,or thereafter as the parties can be heard, the Florida Elections Commission will consider the Respondent's appeal of the automatic fine imposed by . the filing officer The Commissionwill meet at: S.emlte Office Building, 404 South Monr()eStreet, Room S-401, Talhihassee; Florida 32399-6526. · ·

Although you did not request a .hearing, this notice ~s to inform y6u that your case will be discussed at the meeting taking place on the above date and place · All documents you want the Commission to conside1 must be submitted at least 10 days prior to the hearing ·

Ifyou require ah ac.commodation due to a disability, contact Donna Malphurs at (850) 922-4539 or by mail at 107 West Gaines St1eet, The Collins Building, Suite 224, Tallahassee, Florida 32399, at .least 5 days before the hearing

PLEASE GOVERN YOURSELF ACCORDINGLY.

Dated on Aprill6, 2013.

Hea038 (2109)

Amy McKeever Toman Executive Director

IjS~TRUCTIONS FOR HEARING ON APPEAL OF AUTOMATIC FINE

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 ou this notice.

At the automatic fine hearing, the Flmida Elections Commission will decide whether Respondent's campaign treasurers report was timely filed or whether there were unusual circumstances that excuse his failure to timely file his report

Rule 2B-L0055, Florida Administrative Code, defines unusual circumstances as "uncommon, rare or sudden events over which the actor has no contwl and which directly result in the failure to act in accordance with the filing requirements.. Circumstances which allow for time in which to take those steps necessary to assure compliance with the filing requirement shall be deemed not to constitute unusual circumstances .. "

The hearing will be conducted pursuant to Section 106 .. 07(8)(c), Florida Statutes, if Respondent is a candidate, a political committee, or an electioneering communications mganization; Section 106.04(8)(c), Florida Statutes, if Respondent is a committee of continuous existence; or Section 10629(3)(c), Florida Statutes, if Respondent is a political party; and Commission Rules 2B-1 .005, 1 0052, & 1 0055,Florida Administrative Code ..

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

Before making a decision, the Commission will review the written documents submitted by Respondent and staff at least ten days before the heating and the· information presented at the hearing. Rule 2B•L005, Florida Administrative Code, provides that unless good cause is shown. the Commission will not· consider any written document unless it· has been ·filed with the Commission Clerk at least ten days before the hearing

When the case is called, the Chair will read a brief statement and may ask the Respondent and his attorney, if one is present, to state their names for the record .. Respondent will then have time to present his case to the Commission Witnesses may be called to testify under oath on Respondent's behalf. If Respondent calls witnesses, the staff attorney may cross-examine those witnesses after Respondent's questioning is finished After Respondent's presentation, staff will have the same amount of time to present its case. If the staff attorney calls witnesses, Respondent may cross-examine those witnesses after staff's questioning is finished.

At any time during the presentations the Commissioners may ask questions of Respondent, his attorney, the witnesses, and staff After the presentations are concluded, the Commissioners will discuss the case and decide whether Respondent's report was timely filed or whether there were unusual circumstances that excuse his failure to file timely his report The Commission will make a decision by a majority vote of those members present and voting

After the Commission meeting, the Commission will send Respondent a written Order reflecting the Commission's decision If the Commission upholds the fine, Respondent will have 30 days to pay the fine ..

If you have any questions about the procedures for the hearing, please contact Donna Ann Malphurs at 107 West Gaines Street Collins Building, Suite 224 Tallahassee, Florida 32399-1050, phone number: (850) 922-4539 ..

Hea038 (2109)

FLORIDA ELECTIONS COMMISSION CASE REPORT

Case Number: FEC-12-426

NAME: I RICHARD BROWN

DA IE APPEAL RECEIVED: 11/29/12

DATE HEARING REQUEST RECEIVED: N/A

DATE REPORT DUE: 9/4/12 (2012 TR)

DATE OF ELECTRONIC RECEIPT: 10/25/12

DATE FlUNG OFFICER RECEIVED REPORT: 10/25112

NUMBEROFDAYSLATE: 51

AMOUNT OF FINE: $25.00

CANDIDATE [X] PC [] CCE [] POLIIICALPARTY f 1

STATE [ ] DISTRICT ( ] COUNTY (X] CITY f 1

FINE BASED ON: ( •• )NUMBER OF DAYS ( •• ) 25% OF RECEIPTS (X) 25% OF EXPENDITURES

TOIAL RECEIPTS FOR REPORTING PERIOD: $100 00

TOIAL EXPENDIIURES FOR REPORTING PERIOD: $100 .. 00

DATE OF FIRST NOTIFICATION: 10/261121

SUMMARY: Richard C B10wn was a candidate for Miami-Dade Community Council 08/81 in the 2012 elections Mr Brown was elected unopposed Mr Brown appointed himself as his own treasurer

Mr Brown is appealing the fine claiming that he unintentionally forgot to file his 2012 TR Report According to Mr Brown, due to his travel plans over the summer, he forgot that his 2012 TR Report was due until he received a telephone call fiom the Miami-Dade Elections Department

On June 4, 2012, Mr Brown signed an acknowledgement letter confirming that it was his responsibility to read, understand and follow the requirements described in the Candidate Qualifying Handbook which included the Calendar of Reporting Dates On June 18, 2012, the Miami-Dade County SOE's office sent Mr B10wn certified mail that congratulated him on being elected.unopposed This letter also informed him that he was requiied to file his 2012 TR Report by 9/3/12.

• Mr Brown became an unopposed candidate on 615112, the end of the candidate qualifying period • The 2012 TR Report covers the time period from4/l/12 tlnough 9/3/12 • Mr .. Brown reported receiving 1 contribution, while making 1 expenditure • ML Brown reported receiving his only contribution for this reporting period on 6/4/12, while making his

only expenditure on 6/5/12 • The Miami-Dade County SOE's office does not keep records to complete queued-transactions reports for

their respective candidates

PRIOR CASES: Mr Brown has no prior cases with the Commission

1 The Hollywood, Florida City Clerk's of!ice attempted to send Mr Brown failure-to-file emails on 9/6/12, and I 0/23/12; however, the sent them to the wron email address.

FECACTION: FINEDUE: $ DATE:----------

TIMELY FILED: YES

WAIVER: PAR IIAL

UCREASON:

No

FULL

UNUSUAL CIRCUMS lANCES: YES No

FINEINCORRECILYCALCULATED: YES NO

INITlALS:

Aut047 (ll/08)

' '

FLORIDA ELECTIONS COMMISSION PHONE LOG

Case No.: FEC 12-426

Respondent: Richard Brown

Complainant: Miami-Dade County SOE

1 Date and time: March 8, 2013@ 9:15am Name: Vanessa Innocent-FO Phone#: (305) 499-8342 Summary: I had telephone contact to determine when appellant was elected unopposed. Ms. Innocent advised me that appellant was elected on 8/14/12 Memo to File? No Entered by: CKO

2 Date and time: March 8, 2013@ 4:15pm Name: Vanessa Innocent-FO Phone#: (305) 499-8342 Summary: I had telephone contact to determine when the end of the candidate qualifying period was to determine when appellant was found to be unopposed candidate I left a message to return my call Memo to File? No Entered by: CKO

3 Date and time: March 11, 2013@ 9:15am Name: Vanessa Innocent-FO Phone#: (305) 499-8342 Summary: I had telephone contact in response to my message Ms Innocent advised me that appellant became unopposed on 6/5112, at the end of the qualif'ying period I thanked her for her assistance in this matter. Memo to File? No Entered by: CKO

lnvOO I (I 0107)

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November 19, 2012

Florida Elections Commission,

107 West Gaines Street, ZOIZ NOV 2'1 P tt: I C

Collins Building, Suite 224 ,...··~·, ~· .. , ~.- :·- ... ··•. :'"' ,,

Tallahassee, FL 32399-1050

Reference: TR-QC12 Campaign Treasurer Report Due September 4, 2012

Gentleman/Madam:

In response to the note of late filing I received requesting a fine of$25 00 from me, I hereby appeal to

you due to my travel plans over the Summer I had forgotten that the report was due, until! received

the call from Miami Dade Elections Department.

I request that the late fee of $25.00 be waived and I be notified of this at your earliest

11021, N W 22"' Ave

Miami, FL 33167

305-484-8241

--------- ---1

/ ' ' I

Ele~ions 2700 NW 67th Avenue Miami, Florida 3317.2

T 305-499-.86.83 F305.499-B517 TTY 305·499 -8480

miamidade .. g(!v

October 26, 2012

Mr .Ri.chard C .. Brown 11021 NW22AVE f)lliami., FL 33167

Dear Mr. Brown,

NOTICE OF LATE FILING- FINE DUE-$25.00

TR-QC12 Campaign Treasurer's .Report Due Date: 9/4/2012

Perlo.d Cove.red: 4/1/2012 ··9/3/20.12

The TR-QC12 Campaign Treasurer's Report filed wittl our 6ffice was. submitted o.n 10/25/2012 Since \h.Js report wa.s notflled by the appropriate filing date, a fine is being assessed'for each tate day pursuant to Florida. statute 1.06 .07(8)(b)

As such, for reports <tS required by FS 106.141(7),the flne.Js $50 00 per day for each late day These.fines are not to exce.ed 25% of the total re.¢elpts or expenditures, whichever is greater, for !.he period cpvered by the late report Therefore, since the report was 51 days late, the fine Is $25 00, which is 25% of your total expenditures of $10000. Said fine must be received by otlr office at 2700 Nl/1187tl) Avenue, Miami, FL 33172 within twenty (20) days of your receipt of this notice The check sho.utd b.e made payable to the Board of Counjy Co.mmi.ssioners paid onlyfrom candidate's personal funds.

Florida Statute 106 07(8)(b) goes on to say that the fine may be appealect or disputed based upon unusual circumstances surrounding the failure to file by the designated due date A hearing before the Florida EleCtions Commission may be requested, Which s.t\a.ll have. the authority to waive the fine in part or whole Any sucn request must be submitted in writing and must be receive(! b.y the Florida EleCtions Commission within 20 days of your receipt of this notice To request an appeal, please write to tne Florida Election'S Commission, 107 West Gaines Street, Collins Building, Suite 224, Tallahassee, FL 32399-105.0 Our office m.ust also Qe notified of the intent to bring this matter before the Commission.

I urge you to promptly resolve this matter. If not, in accordance with Florida Statute 106.07(8)(d), we will be required to notify the Flo.rlda Elections Commission ofthis late filing and failure to pay the imposed fine

If you have any questions regarding this matter, please. contact the Candidate Services Unit at .305-499-8410

~-tY­c2: Deputy Supervisor of .Elections Miami-Dade Elections Department

Certified No: 70081830 0003 9579 4189

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

Aco.s.ta, Maria (Elections)

From: Sent: To:

U.S _Postal_ Service'- [U,S._Postai_Service@Usps com] Monday,.Oecember24, 2012 12:04 PM Acosta, Maria(Eiectioils)

Subject: U.S .. Postal ServiceTraCk & Confirm email Restoration - 7008 1830 0003 957.9 4189

This i.s a post-only message. Please do not respond ..

RICHARD BROWN has requested that you receive this restor<!tion information for Track & confirm as listed below.

Current Track & Confirm e.-mail information provided by the u .. s., Postal Service ..

label Number: 7008 1830 0003 9579 4189

Service Type: Certified Mail(TM)

Shi.pment Activity Location Date & nme -,... ~· _ .. ,~- ·~· , .. -........... -•..•..• ---- --···- ""' .•..•. -- .... ,. ... "" '"'-- ... '"""- "' ... -......... -- ... -·:·- ..• '"' , ........... '""'"' ....... -,,,.,,, ............ -- -· .............. ·-Delivered

Arrival at Unit

Depart USPS Sort Facility

MIAMI Fl. 33167

MIAMI Fl 33:1.68

MIAMI FL 33152

Processed through USP.S MIAMI F l 3 3152 Sort Facility

10/31/12 5:11pm

10/31/12 8:33am

10./3:1/12

:1..0/31/12 1:19am

--- ........ -· .......... , .................... , ·-- -- ... _. ........... -.• -·- ..... -... ---·- .................. -........ , .......................... -................................................. ,

USPS has not verified the validity of any email addresses submitted via its online Track & confirm tool.

For more information, or if you have additional questions on Track & Confirm services. and features, please visit the Frequently Asked Questions (FAQs) section of our Track & Confirm site at http: 1/www. usps. com/shipping/tr'ackandconfirmfags. htm

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"' ~ ri-!i.ffi!~;·~~::·1~~···~to;'"'9~'·;:;"''~t~~ 1 ~ p..,.ge 1-$------1

Cnrt!lledFee

1

Poatmark Hero

m:iamidade~gov June 18, 2012

Mr. Richard C Brown 11021 NW 22 AVE Miami, Ft. 33167

Dear Mr Browh,

(

Elections 2700 NW 87th Avenlle

Miami, Florida33172 1 305-499°8683 F 305·499-8541

nv 305·499-8480

Congratulations on becoming elected unopposed for Mlami-D.a91:1 Comm~nlty counc;il Area/S~barea 08/81 in 2012. This letter colit<!ins vatua~le fnforlil<~tion pel'\aining to yo!J ;:t$ a cahdidate

Please note that you are require<:! to file the following Campaign Treasurer's Report

candidates a~e required to s.ubmlt campaign fln11nc$. f!lpo~W thtou9.h the Miami·Dadt? Elections Dap~rtment website at www.miamldade.govlels¢t1Ms/6a!\1pal!iimeborts To s.lgn:ln, plea~e oee fD Number "1.1.66" and the default password is "password" As a 'securitY measure; please consider updating the password once you have successfully logged ln ..

When submitting your campaign reports electronically, you will be required to use an electronlo sjgnatlJre pin .. Your temporary signature pin Js. "1234" and your campaign !re.asurer's slgnatur¢ p.iri i$ "15678' For se.curity reasons, each of you Is. enc:ouraged to. reset thes.e with. uniguti! four olglt Signature pins when you log .in ReiJorts must lile r.ec:elved no li:\t~r· than midriJgf.\t of !1\e di:\y designate(! Any report tnat is rece.IVed electronically alter the designated .date Will b.e considered late and .$haU .be subJE!bt to a fine in accordance with Florida Statutt\! 106 07 We are taking this opp.or!tlrifty to .also provide you With a C9PY of the "!Suldellnes to a Successful Campaign Report" Utlll;!:iri~ these ti¢.s will help reduce the nE~.ed for actditibnal reporting o~ your encl

We encourage you to familtarlze yourself with the currentMiarni,Dade County Oandid!)te Qualifying Handbook and the Candidate and Campaign Treasurer· Handbook, as well as other resources available on the Elections Department website at W~~~W.mi_amldade,~ov/electlonslgual·handbool<.asp to ensure compliance with applicable laws

If you haVe any question& pe.r.tall:lihg to lhls tt1atter, please do nqt h1;1~ftatei tb contact the Candidate Services Unit at 305499;·6410 · · ·

Certified No: 7012 0470 0001 2807 0946

Acosta, Maria (Elections)

From: Sent: T.o:

U :S ._Postal_ Servle<>_ [U. S._Poslai_Servie<>@usps. com] Saturday, October.20, 2012 2:27PM Aco~ta, M'!ria (Eieptiqns)

(

Subject: .Us. Postal Service Track & Confirm email Restoration- 7012 0470 0001.2807 0946

This is a post~only message .. Please do not respond ..

RICHARD BROWN has requested that you receive this .restoration information for Track & tonfirm as listed below ..

current Track & Confirm e-mail information provided by the u.s .. Postal Service ..

Label Number: 7012 0470 0001 2807 0946

Service Type: Certified Mail(TM)

Shipment Activity Location

Delivered MIAMI Fl 33168

Notice Left MIAMI FL 33167

.Arrival at Unit MIAMI FL 33168

Depart USPS Sort MIAMI FL 33152 Facility

Processed through USPS MIAMI FL 33152 Sort Facility

Date & Time

06/26/12 2:41pm

06/22/12 2:48pm

06/22/12 7:20am

06/22/12

06/22/12 1:07am

----M•-·•·••••·-----~-·-----------------·--··-··--·-··---·------~------~----······~-------·••

USPS ·tras not verified the validity of any email addresses submitted via its online Track & Confirm tool ..

For more informati.on, or if you have additional questions on Track & Confirm services and features, please v;i.sit the Frequently Asked Questions ( FAQs) secti.on of our Track & Confirm site at http:l/www.usps.com/shipping/trackandconfirmfags.htm

P<>smoo ~s:__ ___ -1

r'l Cortill&dFao

1------1 c:J f\tlturn Recolpt r'Oo :§ (endotsamont~u1rod) 1------1

Ro$1rielcd Dcltvory Fee Cl (Eric!<lrenment Aeq1.11tod) 1-------( 1"-:;;r Cl

TotniPC 7012 0470 0001 2807 0946 ru nr • Mr Richard C Brown r'l o lliiiOf,Ai 11021 NW22 AVE 1"- ~M~ Miami, FL 33167

• ' :II Ill

Po:Jtmnrk Hore

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EMAIL INFORMATION 1166 Richard C. Brown

-------- --------------TR·QC12 Subject: Reminde,r for TR-QC12 Report Due 9·4-12

emaildate: 9/6/2012 emailto: Candidate e-mail: richardelbrown@hotmail com

The email was return by the Mail Delivery System- host mxZ.hotmail.com said: 550- Requested action not taken: mailbox unavailable ·

--------- ···---TR-QC12 Subject: Failure to File the TR .. QC12 Report Due 9/4/12 we had the wrong email address

emaildate: 10/23/2012 emailto: Candidate e-mail: rlchadelbrown@hotmail.com

we had his email as richardelbrown@hotmail.com instead of richadelbrown@hotmail.com --- ---·----------.. ------- ______ , ___ ···-···--·-·.- . ·---·-··----·-·· , ..... ~

TR··QC12 Subject: Failure to File the TR·QC12 Report Due 9/4/12

emaildate: 10/23/2012 emailto: Candidate e-mail: richardelbrown@hotmaiLcom

Mailbox unavailable

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FLORIDA .DEPARTMENT OF STATE D1Vl$10N OF .ELECTIONS CAMPAiGN TREASORER!S REPQRT SUMMARY

(1) .Richard c Brown .OFFICE USE O.NL Y

Nllm~ ONLINE SUBMISSION (2) 11021 NW 22 Avenue [1048255]

Address(liumber and street) Submitted on: Mjamj EI1 33J6:Z 10/25/2012 11:43:15 (eastern)

ci~ySt;lte, Zip Code,

0 CHECK IF ADDRESS HASC:HANGED (3) 10 Number: 1166

(4) Check appropriate box(es): l!].eandidate (office<.sO'ught): Community Council 08/81

' Df".olitical Committ.ee 0 CHECK IF PC .HAS DISBANDED Dcomrmttee <>fContinuous Existence 0 CHECK IF CCE HAS DISBANDED

OParty ExeciJtive Committee 0 Elec!'IO.Iie.ering Corrlniunication 0 CJ:IE(;K IF NO OTHJ:R ELECTIONEERINl>

COMMI,INICA:rJON REPJ)RT:S"WILL BE FIJ.:EO

(S} REPQ&T IDENTIFJER.S

CO.ver Period: From 4/1/2012 . 9/3/2012

Report Type TR-QC I · I To I I -- --· --- -- -- -- -----·

~orr9rhal 0 Amendment 0 Special El.e.c.fidn Repbrt 0 Independent Exp-enditure Re:port

(6) CONTRIBUTIONS THIS REPORT (7J EXPENDITURES THIS REPORT

Monetary Cash & Chec.ks $ 0.00 Expenditures $ 100 .00

Loans $ 100 . 00 Tr-ansfersJb Office Account $ 0.00

T otaiMo nefary $ 100 . 00 TO:tal. Monetary $ 100 .. 00

ln-Kir:u:t $ 0.00

(8) Other DistrilMions $ 0 .. 00

(9) TOTAL Monetary Contributions To Date (1Q} TOTAL Monetary Expenditures To Date

$ 1.().0_~ $ 1 00 _().()_

(11)CERTIFICATION It is a (irst degree misdemeanor' for any person to falslfy a. public record .(ss. 839.1~, F.~,)

I c;ertify tha,t I have examined this report and it is true, l certify that I have examined this report and iUs true, correct, and complete. C'orrect, and complete.

(Type narre) (Type name)

Olodivid!Jal(only for 0Treasurer 0 Deputy Treasurer Ocandidate 0 Chairperson (only for PC, PTY & electloneering:commun .) electioneering conimun organizatton)

X .X .Signature .Signature

D~QE 12 (Rev .. 08104)

(

I

CAMPAIGN TREASURER!$ REP.ORT -ITEMIZED C.ONTRIBllTIONS

(1) Name __ R=i cc::.ha;a.,radl....I.C'-..tBu:r:coMwnn ___________ _ (2) LD. Number

4/1/2012 9/3/2012

11 66

(3) Cover Period --·· r __ l __ thtougb I I (4) Page 1 of 1

(5) j (7) (8) (9) (10) (11) (12) Date Full Name (6) (Las~ Suffhr, Firs~ Middlej

S~quence Street Address & Contributor Contrib.ution ln··kind Number City, State, Zip Code Type Occupation Ty~ Description Amendme-nt- Amount

Brown, Richard c s ::~.ccountan LO $100 0 6/4/2012 11021 N W 22nd Ave

I I Miami Fl 33167

1

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I I I I I I I

OS·DE 13 (Rev, 08/03) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

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0AIVIPAIGN TREASUR.ER'.S REPORT -IJEMIZE.D EXP.EI'!IDITUR.ES (1) Name Richard c Brown (:1)1 .. 0, Number 1166

4/1/2012 9/3/2012 (3fCoverPeriod __ l_. __ /_. __ through __ i_.· __ ! __ (4) Page_--=..1 __ ot_---"1 __ _

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

Date FuJ(Name PU(p.osa

(S) (Last, suffix, First, Middle) (add office .. so.ughtif Expenditure

Sequence street Address. & ' contribution· tR a

NL~mber C;ty, $!ate, Zip CR.de can!lidate) Type )!lnen.dment ,<l:mo~nt

6/spo? Board of County qualifying fee MO $100.0 Commissioners, 2700 N w 87th Ave Miami,, FL 33172

1

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I l

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DS·DE14 (Rev .. 08/0.3) SEE REVERSE FOR INSTRUCTIONS AND COD.EVALUES

MIAM~·E mm MIAMI-DADE ELECTIONS DEPARTMENT

2700 NW 87th Avenue, Miami, FL 33172 Phone: (305) 499-8500 Fax: (305) 499-8547

TO: Florida Elections Commission

FROM: Penelope Townsley

Supervisor of Election

DATE: Monday, January 14, 2013

SUBJECT: History of Reports

Richard C . .Brown

Community Council Area/Subarea 0

~ Rece1ved or Postmark Hand Days Fine Report Due Date l'!lbmil!ed Date Delv. late Notice Sent Assessed Date Sent Certified No. TR·QC12 Original 9/4/2012 10/25/2012 51 $25.00

Fine Due 10/26/2012 70061830 0003 9579 4189

Report Summary 1166 Richard C. Brown

DUE REP RECEIVED/ POSTMARK HAND DATES CASH LOANS TOTAL CONTR. IN-KIND EXPENDITURES FINE APPE- AMOUNT FEC CASE DATE TYPE SUBMITTED DATE DEL LATE ALED PAID NO

9/4/20!2 TR-QC! 10/25/20!2 51 $0.00 $!00.00 $100.00 $0.00 $!00.00 $25.00

Origmal Subtotals I SIOO.OO "] $100.00 I so.oo $100.00 SIOO.OO so.oo $100.00 $25.00

-~

Monday. January !4, 2013 Pagel of!

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Access to Handbook and the Election Laws of the State of Florida

"'J"-r'FIVED r.tv_

2U12 JUN ·-4 PM 12: I 5

·--------------- fiiAi'iHJADE ELECTIONS

Candidate/Chairperson:

L¢~ci ~\ co:::::;!:~~~::::F~i..~~.rs~t ~N,....a_m_e..t...::~-==:...4-k:.~M::..id'""d"'"le"'"N~a-·m-e=------..,..L-as"""'t .,..,Na_m_e_, ___ _

.4--df~ ~ Office Sought I Organizatl

I acknowledge that it is my responsibility to read, understand and follow the requirements described in the following resources available on the Miami-Dade County Elections Department Website:

~idate Qualifying Handbook (http://www.miamidade.gov/elections/candidate.asp) Contains information on State Laws and Handbooks, the Election Laws of the State of Florida, County Laws and Handbooks, Qualifying Information, Electronic Reporting Dates and Procedures, Important Candidate Information, and Recent L.egislative Changes

0 Political Committee Handbook {http://www.miamidade.gov/elections/pacs.asp) Contains information on State Laws and Handbooks, the Election L.aws of the State of Florida, County Laws and Handbooks, Electronic Reporting Dates and Procedures, Important Committee Information, and Recent Legislative Changes.

Acknowledged by:

Date: f26j&y/f2--Primary Telephone Number: ~ 6~ J-6,79.0

Alternate Telephone Number: _

E-mail address:

MD-ED 2 (Rev. 4/12)

( I \

Campaign Treasurer's Report Electronic Filing Requirements

for Miami-Dade County -'-----------··--·--------·--·-----·------------

lc'.Midate(offioe""llht) ~ ~¢"/ Candidate's Florida Voter ReQiStfatlOnNur:er:=t?O !:35"" Lb b I .

D Political Committee: ---------------------··-~-

0 Party Executive Committee:

D Other:

N> = ------------------~--------,---,~-"---- ::::0

f'1'1::! -'l> §2 rn 83': I () --1 1 -~--·-m

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I, ~~1 tMa~o11.~$.4~on) ?

(50 ""0 -zl>· :::JJ: < "'o - Jm Alt!2lJ t'-1 0

<.n

understand that Campaign Treasurer's Reports must be filed electronically in order to

comply with Miami-Dade County requirements ..

Additionally, a hard copy of the Campaign Treasurer's Reports must be printed from the

Miami-Dade County Elections Department website and submitted by the reporting

deadline with original signatures ..

---- ofoo//2. Date

Day Time Telephone No: _3/)S-:.~ 4 f?t:;: ..-f? 2 LJ.L ______ ,_·-···--

Email Address: r /C-hA.de L /; r[)w J(42 A:i1 me<::!?_ ~

This form must be filed with the qualifying officer withih 10 days after the Appointment of Campaign Treasurer and Designation of Campaign Depositoty form is filed

MD-ED 10 (Rev .. 4/26/12)

APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDIDATES

(Section 106.021(1), F S.)

(PLEASE PRINT OR TYPE)

K APPROPRIATE BOX(ES):

f~EGEIVED

2DJ2 JUN ·-4 PH 12: 15

t~IM·il···DAOE ELECTIONS

OFFICE USE ONLY

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

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 I have appointed the following person to act as my Campaign Treasurer D Deputy Treasurer ·- -10 Name of Treasurer or Deputy Treasurer

12/l.r:Jwd__

"'2--· z rlz) ;::·

I C 1!11 #. 72 _._C:.""-~ -· 11 Mailing Address

--------

12 Telephone

( lbfS(-14 .. County 15 State 16. Zip Code 17.. E-mail address

18. I have designated the following bank as my

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

X 27. · · reasurer's Acceptance of Appointment (fill in

I,~?!~ ~""\ (Please Print or Type Name)

designated above as: ~Campaign Treasurer O

, do hereby accept the appointment

X Si

OS-DE 9 (Rev .. 10/10) Rule 15-2 .. 0001, F . .A..C ..

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

(

·---·-·-----,r-------··---------~-----,

STATEMENT OF CANDIDATE

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

(Please print or type)

OF~~~~~D

2012 JUN ·-4 PN /2: 1 S

f!!Afli -DADE tL.ECTIONS

C.:::::._, _ __,.~~.J~-=--·---·-·-----'• ---

candidate for the office of -~n-e7 .4-nd IJJ?j'&-/;

have been provided access to read and understand the requirements of

Chapter 106, Florida Statutes ..

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)

DS-DE 84 (05111)

----------·-·---

QUALIFICATIONS:

1,

Miami-Dade County 2012 Community Council Candidates

Candidate Qualifying Information

[Miami-Dade County Code of Ordinances, Chapter 20, Article IV, Section 20-43(A)(1 )]

1 Resident elector of Miami-Dade County for at least three (3) years 2 Resident elector of Council Area for at least six (6) months prior to qualifying. 3 Resident elector of the Subarea for at least three (3) months prior to qualifying

Note: At the time of qualifying, candidates shall submit proof of residency for the prescribed period Proof of residency shall establish that the qualifying candidate has met the residency requirements for the required period No council member shall be employed by Miami-Dade County or be a member of the Board of County Commissioners

TYPE OF ELECTION: Nonpartisan [Miami-Dade County Code of Ordinances, Chapter 20, Article IV, Section 20-43(A)(3)]

ELECTION AREA: Community Council Sub .. Area [Miami-Dade County Code of Ordinances, Chapter 20, Article IV, Section 20-43(A)(2)]

AREAS/SUBAREAS Please refer to the List of Community Council Members to be Elected 2012 TO BE ELECTED:

For additional information regarding Community Council membership, or to confirm residency within area/sub-area, please contact the Community Zoning Section with the Miami-Dade County Permitting, Environment and Regulatory Affairs Department at 305-375-4536

Four (4) years [Miami-Dade County Code of Ordinances, Chapter 20, Article IV, Section 20-43(A)(2)]

The terms of Council Members shall commence on the second Tuesday next succeeding the date provided for the state general election [Miami-Dade County Code of Ordinances, Chapter 20, Article IV, Section 20-43(A)(3)]

SALARY: None [Miami-Dade County Code of Ordinances, Chapter 20, Article IV, Section 20-43(D)]

ELECTION DATES: August 14, 2012- Primary [Miami-Dade County Code of Ordinances, Chapter 20, Article IV, Section 20-43(A)(3)]

November 6, 2012- General (only in case of a tie) [Miami-Dade County Code of Ordinances, Chapter 20, Article IV, Section 20-43(A)(6)]

QUALIFYING DATES: 8:00a.m, Monday, June 4, 2012, through Noon, Tuesday, June 5, 2012

2/28/2012

[Miami-Dade County Code of Ordinances, Chapter 20, Article IV, Section 20-43(A)(4)]

A qualifying office may accept and hold qualifying papers submitted not earlier than 14 days prior (May 21, 2012) to the beginning of the qualifying period to be processed and filed during the qualifying period [F. S. 99.061 (8)]

Page 1 of 3

(

Miami-Dade County 2012 Community Council Candidates

Candidate Qualifying Information

QUALIFYING REQUIREMENTS:

The following items must be submitted to the Miami-Dade Elections Department:

Qualifying Method- Qualifying Fee

State of Florida Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates (Form DS-DE 9)'

2. Statement of Candidate (Form DS-DE 84 y 3 Receipt of Handbook and The Election Laws of the State of Florida (Form MD-ED 21' 4 Campaign Treasurer's Report Filing Requirement Electronic Filing Statement (Form MD-ED 1 oy must be 5 Declaration and First Amendment Waiver (MDC Ethics Commission Waiver)- (optional) 6 Miami-Dade County Candidate Oath- Nonpartisan Office (Form MD-ED 25) 7 Form 1 - Statement of Financial Interests (CE Form 1 ), along with any other applicable forms Public

officers who have filed financial disclosure with Florida Commission on Ethics may file a copy with filing officer at time of qualifying.

8 Qualifying fee of $100.00 is to be paid by means of a bank check drawn from the candidate's campaign account as prescribed in F.S 106 .. 11 {1)(a), made payable to the Board of County Commissioners [Miami-Dade County Code of Ordinances, Chapter 20, Article IV, Section 20-43(A)(4)]

9 If you currently hold an elected or appointed position, please consult with your attorney to determine whether you are required to resign from the office you presently hold to run for this office.

• These forms must be subnlltted to the MlamiDade Elect1ons Department at tune of announcmg cand1dacy

Page 2 of 3

2/28/2012

Miami-Dade County 2012 Community Council Candidates

Candidate Forms and Additional Resources

CANDIDATE FORMS

The following list is a compilation of forms to be used by Community Council candidates and their campaign treasurers who qualify with the Miami-Dade County Elections Department For your convenience, a hyperlink has been provided for each form

Opening of Account

OS-DE 9 State of Florida Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates

OS-DE 84 Statement of Candidate MD-ED 2 Receipt of Handbook and the Election Laws of the State of Florida

MD-ED 10 Campaign Treasurer's Report Electronic Filing Requirements for Miami-Dade County

MDC Ethics Declaration and First Amendment Waiver for Candidates Who Agree to Comply Commission Waiver with the Voluntary Fair Campaign Practices- Optional

Qualifying MD-ED 25 Miami-Dade County Candidate Oath - Nonpartisan Office

CE Form 1 Form 1 -Statement of Financial interests- 2011, along with any other forms if applicable.

Campaign Reporting OS-DE 12 Campaign Treasurer's Report Summary OS-DE 13 Campaign Treasurer's Report- Itemized Contributions OS-DE 14 Campaign Treasurer's Report- Itemized Expenditures OS-DE 94 Campaign Treasurer's Report- Fund Transfers OS-DE 87 Waiver of Report OS-DE 86 Request for Return of Contribution OS-DE 2 Contributions Returned

Termination Reports OS-DE 73 Campaign Loans Report OS-DE 73A Campaign Loans Report Itemized

Elected Officials - 0 ening an Office Account OS-DE 48 Office Account Report DS-DE48A Office Account Disbursement or Deposit Information

ADDITIONAL RESOURCES

• 2012 Reporting Dates for Campaign Treasurer's Reports • 2011 Election Laws of the State of Florida • Miami-Dade County Code of Ordinances • Miami-Dade County Home Rule Amendment and Charter • Year on Ballot and Terms of Offices • 2012 List of Offices to be Elected • Precincts in Community Council Areas

Page 3 of 3

2/28/2012

MIAMI-DADE COUNTY ELECTIONS DEPARTMENT OFFICES TO BE ELECTED IN 2012

Federal

President, United States (4 years)

Barack Obama (DEM)

Vice President, United States (4 years)

Joe Biden (DEM)

U.S, Senator (6 years)

Bill Nelson (OEM)

u .. S, House of Representatives (Congress) (2 years)

District 17: Frederica S Wilson (DEM)

§tm

District 18: Ileana Ros-Lehtinen (REP)

District 20: Debbie Wasserman Schultz (DEM)

District 21: Mario Diaz-Balart (REP)

District 25: David Rivera (REP)

State Attorney (4 years)

Katherine Fernandez-Rundle (OEM)

Public Defender (4 years)

Carlos J Martinez (DEM)

Miami-Dade County Legislative Delegation

State Senator (4 years)

District 33: Oscar Braynon (DEM)

District 35: Gwen Margolis (DEM)

District 39: Larcenia J Bullard (OEM)

State House of Representatives (2 years)

District 102: Eduardo "Eddy" Gonzalez (REP)

District 103: Barbara Watson (OEM)

5/2/2012

District 104: John Patrick Julien (DEM)

District 1 06: Vacant

District 107: Luis R Garcia (DEM)

District 108: Daphne Campbell (OEM)

District 109: Cynthia A Stafford (DEM)

District 110: Jose R Oliva (REP)

District 111: Erik Fresen (REP)

District 112: Jeanette Nunez (REP)

District 113: Carlos M Lopez-Cantera (REP)

District 114: Ana Rivas Logan (REP)

District 115: Jose Felix Diaz (REP)

District 116: Carlos Trujillo (REP)

District 117: Michael Bileca (REP)

District 118: Dwight Bullard (DEM)

District 119: FrankArtiles (REP)

District 120: Ron Saunders (DEM)

Miami-Dade County

Clerk of the Circuit Court (4 years)

Harvey Ruvin (DEM)

Property Appraiser (4 years)

Pedro Juan Garcia

School Board (4 years)

District 01: Wilbert Theodore Holloway

District 03: Martih Karp

District 05: Renier Diaz de Ia Portilla

District 07: Carlos L. Curbelo

District 09: Lawrence S Feldman

County Mayor (4 years)

Carlos A Gimenez

County Commission (4 years)

District 01: Barbara J Jordan

District 03: Audrey M Edmonson

District 05: Bruno A Barreiro

District 07: Xavier L Suarez

District 09: Dennis C Moss

District 11: Joe A Martinez

District 13: Esteban L. Bovo

Soil & Water Conservation District (4 years)

Group 01: Louise King

Group 02: Tomas Davenport

Group 04: Samuel Cooper McMillan

Community Council (4 years)

Area/Subarea 02/22: Howard Ross

Area/Subarea 02/23: Peggy Stroker

Area/Subarea 02/24: Vacant

Area/Subarea 02/26: Dawn Uffner

Area/Subarea 05/52: Alexander C Senderoff

Area/Subarea 05/53: Vacant

Area/Subarea 05/54: Vacant

Area/Subarea 05/At Large: Vacant

Area/Subarea 07/71-A: Vacant

Area/Subarea 07/71-B: Vacant

Area/Subarea 07/72-A: Walter B Lebowitz

Area/Subarea 07/72-B: Louis S Imburgia

Area/Subarea 07/73-A: Mike Brescher

Page 1 of 2

5/2/2012

MIAMI-DADE COUNTY ELECTIONS DEPARTMENT OFFICES TO BE ELECTED IN 2012

Area/Subarea 07/73-B: Lynne Hyde

Area/Subarea 08/81: Richard C Brown

Area/Subarea 08/82: Vacant

Area/Subarea 08/83: Fredericka Alan Morley

Area/Subarea 08/84: Joy J Davis

Area/Subarea 08/85: VonCarol Yvette Kinchens

Area/Subarea 08/At Large: Patrick Leon Cure

Area/Subarea 10/101: Vacant

Area/Subarea 10/102: Toufic Zakharia

Area/Subarea 1 0/1 06: Miguel A Martinez

Area/Subarea 1 0/At Large: Jorge Barbontin

Area/Subarea 11/112: Jeffrey C Wander

Area/Subarea 11/114: .Joseph E Delaney

Area/Subarea 11/116: Ileana Petisco

Area/Subarea 12/122: Anthony Petisco

Area/Subarea 12/124: Angela Vazquez

Area/Subarea 12/126: Jorge Luis Garciga

Area/Subarea 14/141: Diane Coats-Davis

Area/Subarea 14/142: Patrice Michel

Area/Subarea 14/143: Wilbur B Bell

Area/Subarea 14/144: Nehemiah Davis

Area/Subarea 14/145: Neal Spencer

Area/Subarea 14/146: Michael Rodriguez

Area/Subarea 15/152: Patricia Anne Forbes

Area/Subarea 151154: Diane Richardson

Area/Subarea 15/155: Vacant

Area/Subarea 15/156: Vacant

Area/Subarea 16/161-A: Irwin Potash

Area/Subarea 16/161-B: Vacant

Area/Subarea 16/161-C: Jonlee Peterson

Area/Subarea 16/161-D: Vacant

Area/Subarea 16/161-E: Jack Loeb

Area/Subarea 16/161-F: SidneyJ Stern

Page 2 of 2

1166 Richard C. Brown ConvDate: EmpName:

7713 12/28/2012 Maria Acosta

7589 10/22/2012 Maria Acosta

7586 10/20/2012 Maria Acosta

7487 9/6/2012 Maria Acosta

Miscellaneous Information

Conversation:

Per Donna Malphurs from the FECI email her a copy of the Fine Letter with the USP receipt

Mr Brown call me, we had the wrong email. He gave me the correct email now and I'm resending the email

I call Mr Brown since as of today we have not received

I call Mr .. Brown since we have not received his termination report due 9/4/12 and the email was return as mailbox unavailable .. I left a voice message for him to call me back

miamidade .gov

October 26, 2012

Mr Richard C Brown 11021 NW22AVE Miami, FL 33167

Dear Mr Brown,

NOTICE OF LATE FILING- FINE DUE-· $25.00

1R-QC12 Campaign Treasurer's Report Due Date: 91412012

Period Covered: 41112012 -91312012

Elections 2700. NW 87th Avenue

Miami, Florida 33172 T 305-499-8683 F 305-499-8547

TTY 305-499-8480

The TR-QC12 Campaign Treasurer's Report filed with our office was submitted on 10125/2012 Since this report was not filed by the appropriate filing date, a fine is being assessed for each tate day pursuant to Florida Statute 106 07(8)(b)

As such, for reports as required by F S 106141(7), the fine is $50.00 per day for each late day These fines are not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report Therefore, since the report was 51 days late, the fine is $25 00, which is 25% of your total expenditures of $100 00 Said fine must be received by our office at 2700 NW 87th Avenue, Miami, FL 33172 within twenty (20) days of your receipt of this notice The check should be made payable to the Board of County Commissioners paid only from candidate's personal funds

Florida Statute 106. 07(8)(b) goes on to say that the fine may be appealed or disputed based upon unusual circumstances surrounding the failure to file by the designated due date. A hearing before the Florida Elections Commission may be requested, which shall have the authority to waive the fine in part or whole Any such request must be submitted in writing and must be received by the Florida Elections Commission within 20 days of your receipt of this notice To request an appeal, please write to the Florida Elections Commission, 1 07 West Gaines Street, Collins Building, Suite 224, Tallahassee, FL 32399-1050 Our office must also be notified of the intent to bring this matter before the Commission

I urge you to promptly resolve this matter If not, in accordance with Florida Statute 106.07(8)(d), we will be required to notify the Florida Elections Commission of this late filing and failure to pay the imposed fine

If you have any questions regarding this matter, please contact the Candidate Services Unit at 305-499-8410

Sine~

p Chris ma White Deputy Supervisor of Elections Miami-Dade Elections Department

Certified No: 70081830 0003 9579 4189 ,.

Acosta, Maria (Elections)

From: Sent: To:

U .S._Postai_Service_ [U.S,_Postai_Service@usps .com] Monday, December 24, 2012 12:04 PM Acosta, Maria (Elections)

Subject: U.S. Postal Service Track & Confirm email Restoration -7008 1830 0003 9579 4189

This is a post-only message .. Please do not respond.

RICHARD BROWN has requested that you receive this restorati.on information for Track & Confirm as listed below,

Current Track & Confirm e···mail information provided by the U.S .. Postal Service.

Label Number: 7008 1830 0003 9579 4189

Service Type: Certified Mail(TM)

Shipment Activi.ty Location Date & Ti.me

Delivered MIAMI FL 33167 10/31/12 5:11pm

Arrival at Uni.t MIAMI Fl 33168 10/31/12 8:33am

Depart USPS Sort MIAMI FL 33152 10/31/12 Facility

Processed through USPS MIAMI FL 33152 10/31/12 1:19am Sort Facility

USPS has not verified the validity of any email addresses submitted via its online Track & Confirm tool.

CcrtilimJ f()e m 1::1 notum Hocetpt Foo CJ (CnOOrsemcnl r.~1qulrod) c:J 1---·

Rustdctoil Oollvoty reo t::J (Endors1-1mont Required)

m

Po!ltnw.rk llcro

Track & Confirm services and section o·f our Track & Confirm site

~,.,;'•:••~IP~~=••:oo~&~F=o•:•::::~======--·------------1

1

FW: Fine Appealed by Candidate: Mr Richard C. Brown (IR-QC12 Rep01t, FEC 12-426) Innocent, Vanessa (Elections) to: Cedric Oliver 02/0112013 09:29AM Cc: "Lopez, Carolina D (Elections)" Show Details

8 Attachments

~ 1- 06-24-12 Filing Documents .. pdf

2 - 06-18-12 Congratulatory Letter for becaming a Qualified Candidate with confirmation fiom the Post Office pdf

~ 3 - TR-QC12 report, submitted electronically on 10-25-12 pdf

~ -· 4 - 10-26-12 Fine Due letter with confirmation from the Post Office .pdf

~ 5 - Miscellaneous information fiom Database, reflecting email and telephone communications with Candidate .. pdf

~ 6- Report Summary with Subtotals fiom Database as of today, reflecting the outstanding fines .pdf

~ 7- Memo to the Florida Commission of Ethics, reflecting a summary of the letter mailed to candidate pdf

·~~ Copy ofF ine Appeal Lettter fiom Candidate .. pdf

Per our conversation, this is what was sent for Richard C Brown Let me know if this is the information you needed.

Thank you

Vanessa Innocent Elections Department (305) 499-8342 www.miamidade.gov "Delivering Excellence Every Day"

From: Lopez, Carolina D. (Elections) Sent: Tuesday, January 15, 201.3 12:19 PM

(

To: Tracie . .Aulet@myfloridalegaLcom Cc: White, Christina (Elections); Acosta, Maria (Elections); Ollino, Luz L. (Elections); Campaign Financing VR (Elections) Subject: Fine Appealed by candidate: Mr. Richard C. Brown (TR-QC12 Report, FEC 12-426)

Good Afternoon Tracie,

During a recent review of Richard C Brown's campaign reports, our records indicate that a $25 00 fine for the TR-QC12 Campaign Treasurer's Report is still outstanding In an effort to close out this file, our office recently mailed the candidate a letter outlining these deficiencies and we will await a response from the candidate In the meantime, please find attached the pertinent information we have on file for Richard C. Brown, who ran for Community Council Area/Subarea 08/81 in 2012 and was Unopposed.

1 06/24/12 Filing Documents 2 06/18/12 Congratulatory Letter for becoming a Qualified Candidate, with confirmation from the Post

Office .. 3. TR-QC12 Report with envelope, submitted electronically on 10/25/12 .. 4. 10/26/12 Fine Due Letter with confirmation from the Post Office 5. Miscellaneous Information from Database, reflecting telephone communications with candidate and/or

representatives .. 6 Report Summary with Subtotals from Database as of today, reflecting the outstanding fines. 7. Memo to the Florida Commission on Ethics, reflecting a summary of the letters mailed to candidate.

We will let you know should our office receive any updates on this matter In the meantime, let me know if I may be of any further assistance, thanks.

Regards, Elections Coordination, Campaigns and Compliance Division Miami-Dade Elections Department 305-499-8410 mailto:campaigns@miamidade.gov">campaigns@miamidade.gov "Delivering Excellence Every Day"

MIAMI-DADE COUNTY CANDIDATE OATH -

NONPARTISAN OFFICE (For use by Mayoral, County Commission, Community

Council and Property Appraiser Candidates)

OFFICE USE ONLY

"dency provided:

Driver's License 0 Voter Information Card 0 Property Tax Receipt

0 Utility Bill 0 Homestead EXAB~Ption Receipt D Lease Agreeinlii!t

"" c... c:

< m

am a candidate for the nonpartisan office of4e.~-~~~~r,G.~~~tl:1~ ---"'~~·""-"""'=====: {OFFICE)

I am a qualified elector of Miami-Dade County, Florida; I am qu lified under the Constitution and the Laws of Florida and the Home Rule Charter of Miami-Dade County to hold the office to which I desire to be nominated or elected; I have qualified for no other public office in the state, the term of which office or any part thereof runs concurrent with the office I seek; I have resigned from any office from which I am required to resign pursuant to Section 99 012, Florida Statutes; and I will support the Constitution of the United States and the Constitution of the State of Florida

I affirm that I am a resident of Miami-Dade County, meet the minimum residency requirements for this office, and am submitting proof of my residency in the district for the prescribed period Under penalties of perjury, I declare that I have read the foregoing Oath of Candidate and that the facts stated in such are true.

. 1/0 1.-[ '

t<J ,. 65 , ·~ ;Z.. tiz)t:' Address

t11 rt??u r .Pe-_.,c..,it:-y'-'-'~"'-J.---- State "2 7£{.2 -·

Zip Code '

Candidate's Florida Voter Registration Number (located on your voter information card): •. 1092?,3 0 D /

STATE OF FLOR~ / COUNTY OF __ ~·•u - ffi ck

17' ../. Sworn to (or affirmed) and subscribed before me this-"'---- day of ___ -": ._,v'-'!V.:....:::~-----·---~ 20_1..2.__ ..

Personally Known:·--- or

Produced Identification: --"---

Type of Identification Produced:

1-7 '{Z?,.v~r.< s kc

MD .. ED 25 (Revised 09/11)

Public

FORM1

I

11021 NW 22 AVENUE

MIAMI, FL

COMMUNITY COUNCIL

CHECK ONLY If

STATEMENT OF

JTINANCI4\L INTEitESTS

33167. MIAMI-DADE

_ I _ . lt .. n~essary..

OR 0 NEWEMPLlYi'EEORAPPOlNTEE

FD003485

2011

DAE~TC QF'THlS MJ)ST EiE DISCLOSURE PERIOD: ·.··. ... .. .· ·. . .· . . . . • . . ·. . . . . . . . •. . . . · .... · .• THIS STATEMENT RE~LECTS. YOUR FINANCIAL INTERESTS FOR THE PRECEOINGTAJC'fEAR; .. WHETHER BASEO.ON A CALENDAR 'YEAR OR ON A Fll;1CAL Y!=A(l. ·Pt.EASE ST}\T~ B~~.OIN. WHEJHER THIS STft;TEMENTIS FOR TliE PREC:EPJN(S TM YJ:Afl eNj:lll)lc;i.EITfll'R·!J:Ilu~.f~M~Kiin¢): .

. 0 . OEi:::EMBER 31, :1011 QR 0 sPeCIFY TA¥YE.A,~ If PTJ'lER Tf!l\~ Tl;l!; ~q:NPAR'Y%R' .

MANNER OF CALCULATING REPoRTABLE INTERESTS: . . . . · THE LEGISLATURE ALLOWS. FILERS THE OPTION OF USING REPORTING THRESHOLDS THAT ARE ABSOLUTE DOLLAR VALUEs, WHICH RE9UIR.f::S FJ:WER CALCUI;IITIQNS; OR I" SING CO¥PA~TIVE; THREl:IIJOlpS, WJiiC~ }IRE Us~;>.LLY J¥$J:D•Qr.J fWlcl::t:J;T.fif'l!' Y~~~g~ ~~~~ i_nstru~llon.~ f(>rftjr(h~rd~\ail$), PL.Et:,sE sTAlE §E;I,QWw.HETH~R THIS§TAT!=MEt-!T R~flects.EITHE~.!!i:i~st c~il"cf<:oQe): ···. · .· .

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FLL.If'lG)N.l:!TRlJPJIQ!>J$ f9r :When antJ ,'Where to- fil8 tblS ·form a<• li\~ai~<!.llllh~ ll!iJ!C>!fi.91 P.l\M ~

INSTRUCTIONS on Who in.~st ilio:iiil.s form .and "ho"wio fill it out bo~1n 9.1l pag'!- ~'

o.TI;IER FORI\IIS Yo~ may ~~M • to: rile are ·d.estrlb.eCf on page 6·., ·

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BROWN, RICHARD .. 1

PART D -JNTANGIBL.E PERSONAl PI'(OPERTY [Stocks, tionds_, (;erti~ca~$ Of depoSit. ei~: - instr~ctiqnJ p ,5] ' . . . . ~f. y'o~ ·haye _n0thfn{rt0- re~it, you- must_ -Writ&_ ''non_~ .. or '''ri/a"). . . -~ -;.

PARTE- LIABILITIES [Major:debts- See instructions t>. 5] _(,f Y9!J ha\(e _i;lritt'!rng ·to. iepO~; Yo~ i'm.iS~ ~It~ "nOn!)~'- or 11n/~'')_

F --INTERESTS IN .

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ADDRESS OF-CREDITOR

instructions p 5)

FD00348S

RELATES

~he~l{pages 1 and. 2) fqr:filing.. · · · ·· · · ·. .. ', ,. ' .. ' ·•. ,_.

If yo~ ha~~ nothl~g to;t~PQrt in a par,ti.cular s~_ct~on-... :~-~-- ri~u.ist:. V1ritt~ -~~-?~eu :Or ·l·ni~~-- -_~h ~~h~~ sectlqn{s!• ·.· ·····.: · •·

~~oc;iJOtn~e~;en;pibrees-file_.i.Vitrtt.he sliPeivisot .. -._ ······~~l~~i~~~s1~l~~~;~~~~~r~~~~~~J of.Be.cti<ins oithecountYiri w~ich tti.eyp~rma~en!Jy re$ide, .(If yilu:;ao .·not ,permanently, r,eside in. FJi>fi~a, lite ,.,..itti the '$Up~ryr~_oi ¢ the ¢ol!nty -yjh~~~- :Your ~QencY h-~~ -·~t_s·:headg~a~ers) · :'

~()TE:.: .. ·· .: ... • .. , . . < _: .. ,MULTIPL.E FILING UN,NECESSARY: . G_¢..i1~t41_ly_ a _p~_r~Oi(\-1~~ ~'8~~ 'fH~·d_· ~6_ri;n_· 1 -~~pr:._a ¢ale:ndar. or: ttsc_al year, Js not--_ requit~d to. file _::a·

. *oo~ f9ii!l 1. fdi tfi.e ianj~ Year \'i.o:u.¢¥~(. a . c~ndidate WhqpreViousiYfile:~-Form 'fbecaU~e.of . -an'Ct_h·e:t P.-~~l_ic p-Q$itiory· -~list ~n_ea~t -~le fl. ~_opy <?t )lrS. o( her orlglnai._Forrn· '1 w.6en-:Qualify)ng, ·. ·

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Candidates file this . fOITTl joQ~liier :-J\th their .. g~a111\llng_ P•B~'~ · · · · · r~ det¥\~~"~ · what ¢ategoijyoui !losltlon rau~ Under1 - see_ ·th* ).\'\fho .MUSt Fiie~~ ~ln-~tructions- On page 3 · · ·

FacsimileS VAl! not beii~6e'oted,

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OFFICIAL REC:.. • .PT MIAMI~DADE COUNTY-fLORIDA

RECEIVED FROM. __ /?c"tar<L. ·13A OWN'

ADDRess 110-2 t f'/W t2:? dvc.. • -- - ;.// - . STREET ADDRESS I --;- .

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No. 6741230

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Richard C. Brown 11021 NW 22"4 Avenue Miami, Flt>rid;t 3316'7 ·····

I '

. . 13 JAN I 0 Ptl t: ~0 FI,ORlDA ELECTIONS COMMISSION

ro7 w, Gaines Stre~ Collins BnUdbig Suite 224

·r allahassee;.Flodda 32399'·1050 (8SO) 922·-4539

January 3, 2013

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ELFCT!OW5

RE: Case No.: FEC 12-426; Campaign Treasurer's Reportdue.OlJ/04/12

Deaz Mr .. Brown:

The Florida 'fllections Commission received your letter appell!irig 4:le tme assess¢d against you fox· failing to timely file your· campaign treasurer's report. ·I anticipate thi\t the Commission will hear your ca5e at its next available meeting in Tallahassee A.no.tice of heating will be mailed approximately (Wo weeks prior to the hearing.

In rl)l!ching i.ts (l.ccision, the <:;o.m:ti)i:ssion will consi4er Qle doci.Ull~ts gaihete4· by Commission staff and anY<Iocl!ments you .sttl:i!tiit for the Cormnission's Cl>n¢!leration be(o~e it~ meeting !ln!&§§: goocl eause is shQwn; j;j,)e Cotnrilission Will p,ot..co@der. My wijtten document unless it has beeri !ilid with fhe Colt),m,is~ion Clerk at least ten .(!ays .before the triAA!ing.. Rules 2B:•l.OQ5, LOQ$2, and: 1:JJQS5,,E/oridciAdmiiztstrative Code; axe theConiniissioli;s lu!es on the appeal of automati~ fines. · · · ·

The Commission will uphold the fine imposed by the filil1g offi~er unless you.prQV:ide eredil)!e evidence that the report wa8 tiniely filed or credible evidence that unusual or other· circumstances caused the rep01t to be filed late.

If you are a county, municipal, or special dis!Iict canQ.idate or committee and your. report was received by the filing officer wiUlout a postmark or with an illegible postmark nwre than five da:>'S a;fter Qle dt;~-e .\late or it was deliV:ered tll the filli!g o~cer l);y 11.mail delive~y service other than the' "(Jnit~ l$~!ltes l'o.s@ S¢tv'ice, it will not be found thnely filed Wile$$ you submit a copy . of a ttroQ£ of mfiilihg or lit a llt)ating before the Commission, prese!its :fhe oral testimonY of the · person who tlmely mailed the ~;epqrt.

The proof of mailing submitted shall zefleet U1at it was obtained from the United States Postal Service or other mail delivery service at fhe time Qf mailing and shall reflect that fhe report was mailed before midnight on the due date. A metered postage mark does not constitute a postmark ox a proof of mailing.

If you carmot show that your report was timely filed, the Commission may still grant you relief, but only if you show unusual circumstances Unusual circumstances is defined In .Rule 2ll·

AutOOl (8108)

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1.005(4), Florida Adnilnistrative Code, to mean "uncommon, rue, or· sudden events over which the actor has no control and which directly result in the failure to act in accordance with the !"!ling requirements." Unusual circumstances must occur within a time period that would clearly have prevented you from :filing the report in a timely manner Unusual circumstances shall not include the failure of the United States Postal Service ot other mail delivery service to postmark an envelope, legibly postmark an envelope, or timely deliver mail Further, unusual cixcumstances shall not include the failure of the sender to affix sufficient postage to a report that is being mailed.

Without credible evidence, the Commission will not :find unusual circumstances The following cimumstances may constitute urtusual circumstances so long as credible evidence is presented that unusual circlimstances caused the report to be filed late

I. Natur·al disaster or other· emergency that prevented timely filing .. Evidence submitted must include copies of newspaper reports or other documents from an independent and reliable source that shows the nature, date, and location of the natural disaster or emergency.

2. Death of the candidate or campaign treasurer or an Immediate family member of the candidate or· campaign treasurer. Evidence submitted must include a copy ofthe death certificate, newspaper obituary, or funeral program, oi notice.

3 Serious illness, disability or non.elective surgery of the candidate oi: campaign treasurer. Evidence submitted must 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 fune that the patient was incapacitated; and a statement that surgery, if any, was not elective. Copies of hospital records n:fiecting the dates of hospitalization may also show the period of incapacitation.

4. Serious illness, disability, or non .. elective surgery of the immediate family member of the candidate or campaign tr·easurer. Evidence submitted must include evidence of the relationship of the candidate or treasurer to the family member:, the location of the family member, and the reason the presence of the candidate or campaign treasurer was required. Evidence submitted must also include a physiCiilii's ceitificatidiJ. on professional letterhead stationary that includes the dates of the illness, disability or surge1y; a statement regarding the period of time 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.

5 Computer or equipment fililure caused by events that could not have been anticipated and that made timely filing of the report impossible. Power outages or program failure does not constitute unusual circun1stances unless it is established that reasonable precrurtions to assure the safety of the equipment or the ability of the program to ·perform as anticipated were taken before the events causing flrilw·e of the equipment or program. EvideJ;J.ce must include a written statement made under oath in the presence of a notary or· other person auth01ized to adminil>'ter oaths indicating the

Au100\ (6/IJ7)

cause and the duration of the power outage and the reasonable precautions taken to assure the safety of the equipment or the ability of the program to perfonn as anticipated.

6 Th~ abrupt and unexpecwd loss of the campaign treasurer, over which you had no control. The loss of the campaign treasurer does not coru;titute unusual circumstances if the appealing party failed to monitor the campaign treasurer's perfonnance before his or her departure or if the appealing party fililed to assw·e prompt pteparation of the report after the treasurer's departure. Evidence must include a written staten1ent made under oath in the presence of a notary or other person authorized to administer oaths explaining the depruture of your treasurer and the steps taken to monitor the treasurer's perfonnance before his or hex depruture

You may, of course, send any additional evidence that you believe supports your position that yout report was timely filed or that unusual circumstances cause your report to be filed late. Rule 4B-l Q05n}, Flo.rida Administrative Code, provides that if you send additional documentarY evidence, the Commission must receive it no later than 20 days from the date of tllis ietter.. Relil.ember that the Col1l!llission !!i11 not cgnsider any written docu.tnent unle8s it has been filed with the Commission Clerk at least ten days before the meeting, unless good cause is shown If the docutnentary evidence is timely received, it will be pr·escri.ted to the Commission when it considers your appeal of the assessed fine

It is your responsibility to provide the Commission with credible evidence that the report was timely filed or credible evidence that unusual circumstances caused the report to be rded late. If you do not provide the evidence r·equested in this Jetter or in the Commission rules, the Commission will uphold-the fine assessed by the filing officer.

If you have !lily questions, please contact Cedric Oliver, the Jnveo'tigator assigned to this case

Sincerely, (\ ~~) ~· 'lrl~-'

Donna Ann Malphurs Agency Clerk

cc: Miami-Dade County Supervisor of Elections, Filing Officer

AutOOl (6/07)

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:;rt,.OJUQA_ELECUONS COMJo,fiSS~ON_ 1 01 w~ G-.Uiles Str.e&

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FLORIDA ELECTIONS COMMISSION 107 W.. Gaines Street

Collins Building, Suite 224 Tallahassee, Florida 32399-1050

(850) 922-4539

January 30, 2013

The Honorable Penelope Townsley Miami-Dade County Supervisor of Elections 2700 NW 87'h Avenue Miami, Fl 3 3172

RE: Case No.: FEC 12-426; Campaign Treasurer's Report due 9/4112

Dear Supervisor Scott:

Candidate Richard Brown has appealed the fine assessed for failing to timely file the above­referenced report

In order for us to present this appeal to the Florida Elections Commission, it is necessary to ask you to furnish us with copies ofthe following information, if available:

D The CTR that was filed late D The envelope that contained the report D Card or letter reminding candidate that report was due D The filing officer's failure to file letter D The filing officer's fine letter D Certified mail receipt or other evidence that the fine letter was received D Additional relevant notes or phone logs D Appointment of Campaign Treasurer and Designation of Campaign Depository form D The filing history

A filing history is a list of reports filed by this candidate with a notation of any late filing fines assessed against the candidate for failing to timely file reports Please return the requested information to me by February 8, 2013

I appreciate your assistance in obtaining this information Please let me know if you have any questions

Sincerely,

C.JJict>:..----Investigation Specialist

AutOll (6/07)

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

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To: "Innocent, Vanessa (Elections)" <INNOCEN@miamidadegov>, Cc: Bee: Subject: Filing Officer affidavit for Richard Brown

·---~-·--

Thanks for your attention to this matter If you have any questions, please call Cedric Oliver@ (850) 922-4539 ext 11 0

DOC013013-007 pdf

Richard G Brown 11021 NW 22"d Avenue Miami, Florida 33167

( ( '

FLORIDA ELECTIONS COMMISSION 107 W, Gaines Street, Collins Building

Suite 224 Tallahassee, Florida 32399-1050

(850) 922-4539

January 3, 2013

RE: Case No.: FEC 12-426; Campaign Treasurer's Report due 09/04/12

Dear Mr Brown:

The Florida Elections Commission received your letter appealing the fine assessed against you for failing to timely file your campaign treasurer's report I '!Jlticipate that the Commission will hear your case at its next available meeting in Tallahassee.. A notice of heruing will be mailed approximately two weeks prim to the hearing

In reaching its decision, the Commission will consider the documents gathered by Commission staff and any documents you submit for the Commission's consideration before its meeting. Unless good cause is shown, the Commission will not consider any written document unless it has been filed with the Commission Clerk at least ten days before the meeting Rules 2B-1 .005, 1.0052, and 10055, Florida Administrative Code, are the Comrriission's rules on the appeal of automatic fines

The Commission will uphold the fine imposed by the filing officer unless you provide credible evidence that the report was timely filed or credible evidence that unusual or other circumstances caused the report to be filed late

If you rue a county, municipal, or special district candidate or committee and yom report was received by the filing officer without a postmruk or with an illegible postmruk more than five days after the due date or it was delivered to the filing officer by a mail delivery service other than the United States Postal Service, it will not be found timely filed unless you submit a copy of a proof of mailing or at a heruing before the Commission, presents the oral testimony of the person who timely mailed the report

The proof of mailing submitted shall reflect that it was obtained from 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.. A metered postage mark does not constitute a postmruk or a· proof of mailing.

If you caimot show that your report was timely filed, the Commission may still grant you relief, but only if you show unusual circumstances.. Unusual circumstances is defined in Rule 2B-

AutOOI (8/08)

(

1.005(4), Florida Administrative Code, to mean "uncommon, mre, or sudden events over which the actor has no control and which directly result in the failure to act in accordance with the filing requirements .. " Unusual circumstances must occur within a time period that would clearly have prevented you from filing the report in a timely manner 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. Further, unusual circumstances shall not include the failure of the sender to affix sufficient postage to a report that is being mailed.

Without credible evidence, the Commission will not find unusual circumstances The following circumstances may constitute unusual circumstances so long as credible evidence is presented that unusual circumstances caused the report to be filed late.

L Natural disaster or other emergency that prevented timely filing .. Evidence submitted must include copies of newspaper reports or other documents from an independent and reliable source that shows the nature, date, and location ofthe natural disaster or emergency.

2 Death of the candidate or campaign treasurer or an immediate family member of the candidate or campaign treasurer. Evidence submitted must include a copy of the death certificate, newspaper obituary, or funeral program, or notice ..

3.. Serious illness, disability or non-elective surgery of the candidate or campaign treasurer Evidence submitted must 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 surgery, if any, was not elective Copies of hospital records reflecting the dates of hospitalization may also show the period of incapacitation.

4 Serious illness, disability, or non-elective surgery of the immediate family member of the candidate or campaign treasurer.. Evidence submitted must include evidence of the relationship of the candidate or treasurer to the family member, the location of the family member, and the reason the presence of the candidate or campaign treasurer was required Evidence submitted must also include a physician's certification on professional letterhead stationary that includes the dates of the illness, disability or surgery; a statement regarding the period of time 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

5 Computer or equipment failure caused by events that could not have been 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 failure of the equipment or program .. Evidence must include a written statement made under oath in the presence of a notary or other person authorized to administer oaths indicating the

AutOOI (6/07)

cause and the duration of the power outage and the reasonable precautions taken to assure the safety of the equipment or the ability of the p10gram to perform as anticipated

6 The abrupt and unexpected loss of the campaign treasurer, over which you had no control. The loss of the campaign treasurer does not constitute unusual circumstances if the appealing pruty failed to monitor the campaign treasurer's performance before his or her depruture or if the appealing pruty failed to assure prompt prepruation of the report after the treasur·er's depruture. Evidence must include a written statement made under oath in the presence of a notruy or other person authorized to administer oaths explaining the depruture of your treasmer and the steps taken to monitor the treasmer's performance before his or her deprutme

You may, of course, send any additional evidence that you believe supports your position that your report was timely filed or that unusual circumstances cause your report to be filed late. Rule 2B- L005(3), Florida Administrative Code, provides that if you send additional documentruy evidence, the Commission must receive it no later than 20 days from the date of this letter. Remember that the Commission will not consider any written document unless it has been filed with the Commission Clerk at least ten days before the meeting, unless good cause is shown If the documentruy evidence is timely received, it will be presented to the Commission when it considers your appeal ofthe assessed fine ..

It is your responsibility to provide the Commission with credible evidence that the r·eport was timely filed or credible evidence that unusual circumstances caused the report to be filed late. If you do not provide the evidence requested in this letter or in the Commission rules, the Commission will uphold the fine assessed by the filing officer.

If you have any questions, please contact Cedric Oliver, the Investigator assigned to this case.

Sincerely,

~~'-!11~-Donna Ann Malphurs Agency Clerk

cc: Miami-Dade County Supervisor of Elections, Filing Officer

AutOOl (6/07)