?shb'h 3.33%! 51 i: int-:43 .1 'ij t! 3,3 t: smir- ?11 maxim 2w . ?mam? 'E?Iu'm .19 35:3 4. um:- 30" Av'vnh lid ramssems STATE OF FLORIDA . FLORIDA ELECTIONS COMMISSION I Florida Elections Commission, Petitioner, Agency Case No.: FEC 18-196 F.O. No.: FOFEC 19-182W Al Jacquet, Respondent. FINAL ORDER THIS MATTER was heard at an informal hearing held before the Florida Elections Commission(CommissiOn) on August 13, 2019. APPEARANCES For Commission Stephanie J. Cunningham Assistant General Counsel 107 West Gaines Street Collins Building, Suite 224 Tallahassee, FL 32399 For Respondent No Appearance STATEMENT OF THE ISSUE Whether Respondent violated Section Florida Statutes, as alleged in the Commission?s Order of Probable Cause. PRELIMINARY STATEMENT On August 3, 2018, the Commission received a referral from the Division of Elections P:lFinal Order after Informal Hearing before FEC.docx (07/14) FEC Case #18496 (Division) alleging violations of Florida's election laws. Staff of the Commission conducted an investigation to determine whether the facts alleged in the complaint constituted probable cause to believe that Respondent violated the Florida Election Code. On March 27, 2019, staff recommended to the Commission that there was probable cause to believe that the Florida Election Code was violated. On May 31, 2019, the Commission entered an Order of Probable Cause ?nding that there was probable cause to charge Respondent with the following violation(s): Count 1: On or about March 7, 2018, Respondent violated Section Florida Statutes, when Respondent failed to ?le an addendum to the cammign?s 2017 M2 report correcting the errors identi?ed by the Division within seven days of receiving notice from the ?ling of?cer that the report was incomplete. Count 2: On or about March 7, 2018, Respondent violated Section Florida Statutes, when Respondent failed to ?le an addendum to the campaign?s 2017 M3 report correcting the errors identi?ed by the Division within seven days of receiving notice from the ?ling of?cer that the report was incomplete. Count 3: On or about March 7, 2018, Respondent violated Section Florida Statutes, when Respondent failed to ?le an addendum to the campaign?s 2017 M5 report correcting the errors identi?ed by the Division within seven days of receiving notice from the ?ling of?cer that the report was incomplete. Respondent did not timely elect to have a formal administrative hearing before an administrative law judge from the Division of Administrative Hearings and, therefore, the matter was set for an informal hearing before the Commission. At the informal hearing, the Commission adopted the undisputed facts set forth in the Staffs Recommendation as its ?ndings of fact. FINDINGS OF FACT 1. Respondent was a 2018 candidate for re-election to the of?ce of State P:/Final Order after Informal Hearing before FEC.docx FEC Case #18-196 Representative, District 88, and was acting as his own treasurer. 2. On January 26, 2017, Respondent was sent a letter by the Division advising Respondent that the Division?s publications and reporting forms are available on its website, and directing Respondent to print a copy of Chapter 106, Florida Statutes, the Candidate and Campaign Treasurer Handbook, and the Calendar of Reporting Dates. In the letter, the Division warned Respondent that it was his responsibility to read, understand, and follow the requirements of Florida?s election laws. 3. The following campaign treasurer reports were ?led incomplete: 2017 M2, 2017 M3, and 2017 M5. 4. The Division sent Respondent three written noti?cations informing him that the following campaign treasurer reports were incomplete, and that Respondent was required to amend the reports to correct the noted errors within seven days of receiving the noti?cations: 2017 M2, 2017 M3, and 2017 M5. The ?nal noti?cation was con?rmed delivered on February 28, 2018. 5. On January 31, 2019, Respondent ?led addenda to the 2017 M2 and 2017 M3 reports correcting all the errors identi?ed by the Division. 6. As of February 4, 2019, Respondent had not ?led an addendum to the 2017 M5 report correcting all the errors identi?ed by the Division. 7 CONCLUSIONS OF LAW 7. The Commission has jurisdiction over the parties to and subject matter of this cause, pursuant to Section 106.26, Florida Statutes. 8. Respondent committed 3 counts of violating Section Florida Statutes, when he failed to ?le an addendum to the following campaign treasurer reports correcting the errors identi?ed by the Division within seven days of receiving notice from the ?ling of?cer that the reports were incomplete: 2017 M2, 2017 M3, and 2017 M5. P:/Final Order after Informal Hearing before FEC.docx FEC Case #18-196 9. Respondent?s conduct was willful. Respondent Committed the acts while knowing that, or showing reckless disregard for whether, the acts were prohibited, or failed to perform the acts while knowing that, or showing reckless disregard for whether, the acts were required. 10. In determining the amount of the civil penalty, the Commission considered the mitigating and aggravating circumstances set forth in Section 106.265, Florida Statutes. ORDER The Commission ?nds that Respondent violated Section Statutes, on three occasions. Respondent is ?ned $500 for the ?rst two counts relative to the 2017 M2 and 2017 M3 reports, and Respondent is ?ned $1,000 for the third count relative to the 2017 M5 report, for a total of $2,000. Therefore, it is ORDERED that Respondent shall remit a civil penalty in the amount of $2,000, inclusive of fees and costs. The civil penalty shall be paid to the Florida Elections Commission, 107 West Gaines Street, Collins Building, Suite 224, Tallahassee, Florida 32399-1050, within 30 days of the date this Final Order is ?led with the Commission. BONE AND ORDERED by the Florida Elections Commission on August 13, 2019. nAlexis Poitier, Vice Chair ida Elections Commission Copies furnished to: Stephanie J. Cunningham, Assistant General Counsel Al acquet, Respondent Division of Elections, Complainant P:/Final Order a?er Informal Hearing before FEC.docx FEC Case #18-196 NOTICE OF RIGHT TO APPEAL This order is ?nal agency action. Any party who is adversely affected by this order has the right to seek judicial review pursuant to Section 120.68, Florida Statutes, by ?ling a notice of administrative appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the Florida Elections Commission at 107 West Gaines Street, Suite 224, Collins Building, Tallahassee, Florida 323 99?1050 and by ?ling a copy of the notice of appeal with the appropriate district court of appeal. The party must attach to the notice of appeal a copy of this order and include with the notice of appeal ?led with the district court of appeal the applicable ?ling fees. The notice of administrative appeal must be ?led within 30 days of the date this order is ?led with the Commission. The date this order was ?led appears in the upper right-hand corner of the ?rst page of the order. P:/Final Order after Informal Hearing before FEC.docx FEC Case #18-196