08-002765 Florida Elections Commission vs. Charles J. Grapski
 Status: Closed
DOAH Final Order on Tuesday, March 31, 2009.


View Dockets  
Summary: Respondent violated election laws by failing to file campaign treasurer`s reports. No mitigating evidence was presented. A maximum fine of $1,000 per count is imposed, for a total fine of $4,000.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8FLORIDA ELECTIONS COMMISSION, )

12)

13Petitioner, )

15)

16vs. ) Case Nos. 08-2765

21) 08-3375

23CHARLES J. GRAPSKI, )

27)

28Respondent. )

30)

31FINAL ORDER

33A duly-noticed final hearing was held in these cases by

43Administrative Law Judge T. Kent Wetherell, II, on March 30,

532009, in Tallahassee, Florida.

57APPEARANCES

58For Petitioner: Eric M. Lipman, Esquire

64Florida Elections Commission

67Collins Building, Suite 224

71107 West Gaines Street

75Tallahassee, Florida 32399

78For Respondent: No appearance

82STATEMENT OF THE ISSUE

86The issue is whether Respondent committed the violations alleged in the Orders of Probable Cause, and, if so, what penalty should be imposed.

109PRELIMINARY STATEMENT

111The Florida Elections Commission (Commission) determined in

118an Order of Probable Cause dated June 1, 2007, that there was

130probable cause to believe that Respondent violated Section

138106.07, Florida Statutes (2006), by failing to timely file a

148quarterly campaign treasurer’s report for the 2006 election in

157which he was a candidate for state office. On June 11, 2008, 1 /

171this matter was referred to the Division of Administrative

180Hearings (DOAH) and designated DOAH Case No. 08-2765.

188The Commission determined in an Order of Probable Cause

197dated May 30, 2008, that there was probable cause to believe

208that Respondent violated Section 106.07, Florida Statutes

215(2007), by failing to file two campaign treasurer’s reports and

225by filing an incomplete report for the 2007 election in which he

237was a candidate for local office. On July 14, 2008, this matter

249was referred to DOAH and designated DOAH Case No. 08-3375.

259The final hearing in DOAH Case No. 08-2765 was initially

269scheduled for August 28, 2008. The hearing was subsequently

278rescheduled for September 29, 2008, based upon the Commission’s

287motion.

288The final hearing in DOAH Case No. 08-3375 was initially

298scheduled for October 7, 2008. The hearing was subsequently

307rescheduled for October 13, 2008.

312On September 11, 2008, the cases were consolidated “for all

322further proceedings, including the final hearing scheduled for

330September 29, 2008.” The hearing was subsequently rescheduled

338for October 28 and 29, 2008, based upon Respondent’s unopposed

348motion.

349Respondent’s motion to strike two counts of the Order of

359Probable Cause in DOAH Case No. 08-3375 was denied in an Order

371dated October 6, 2008. Reconsideration of that Order was denied

381in an Order dated October 16, 2008.

388On October 24, 2008, the final hearing was cancelled

397because the Commission informed the undersigned in writing that

406Respondent was being held in jail without bond on several

416criminal charges. On December 1, 2008, the cases were placed

426into abeyance pending Respondent’s release from jail. The cases

435remained in abeyance until March 2, 2009, when the Commission

445advised the undersigned in a status report that Respondent had

455been released from jail.

459On March 3, 2009, a Notice of Hearing was issued scheduling

470the final hearing for March 30, 2009. The Notice of Hearing was

482mailed to Respondent at his address of record, Post Office Box

493190, Alachua, Florida 32616.

497The final hearing was held as scheduled. Respondent did

506not appear at the hearing. The Commission presented the

515testimony of Erin Nesmith, Malcolm Chellman, Diane Morgan, Alan

524Henderson, and Donna Maphurs. The Commission’s Exhibits 1

532through 5 were received into evidence.

538No transcript of the final hearing was filed. The

547Commission presented an oral closing argument in lieu of filing

557a proposed final order.

561FINDINGS OF FACT

5641. Respondent was a candidate for election to the Florida

574House of Representatives in 2006.

5792. The Division of Elections (Division) was the filing

588office for that election.

5923. On March 27, 2006, the Division sent a letter to

603Respondent acknowledging his candidacy and informing him of the

612filing deadline for the first campaign treasurer’s report. The

621letter also informed Respondent that all of the Division’s

630publications, including the “2006 Calendar of Reporting Dates,”

639were available on the Division’s website.

6454. The filing deadline for the campaign treasurer’s report

654July 10, 2006.

6575. Respondent did not file his Q2 report by that deadline.

6686. On July 12, 2006, the Division sent Respondent a letter

679informing him that his Q2 report had not been received. The

690Division sent a second letter (by certified mail) on October 17,

7012006, and the Commission sent several additional follow-up

709certified letters in November and December 2006.

7167. Respondent filed his Q2 report on February 9, 2007,

726which is 214 days after the deadline.

7338. Respondent was a candidate for election to the Alachua

743City Council in 2007.

7479. The City Clerk was the filing officer for that

757election.

75810. Respondent submitted his campaign paperwork to the

766City Clerk on February 23, 2007. 2 / The paperwork included a

778“Statement of Candidate” form signed by Respondent stating that

787he “received, read, and understand[s] the requirements of

795Chapter 106, Florida Statutes.”

79911. On February 23, 2007, the City Clerk’s office provided

809Respondent a copy of Chapters 104 and 106, Florida Statutes, a

820and a calendar of the election dates. The handbook contained

830the applicable filing deadlines for the campaign treasurer’s

838reports that Respondent was required to file.

84512. The first report was due on March 14, 2007, and

856covered the period between the candidate’s filing date and

865March 14.

86713. The second report was due on March 23, 2007, and

878covered the period of March 15 to March 23.

88714. The third report was due on April 6, 2007, and covered

899the period of March 24 to April 6.

90715. Respondent did not file the first report even though

917he had contributions and expenditures during the period covered

926by the report.

92916. On March 15, 2007, the City Manager sent a certified

940letter to Respondent informing him that his first campaign

949treasurer’s report had not been received. The letter advised

958Respondent that fines had started to accrue.

96517. Respondent did not file the second report, nor did he

976file a “waiver report” reflecting that he did not have any

987contributions or expenditures during the period covered by the

996report.

99718. On March 27, 2007, the City Manager sent a certified

1008letter to Respondent informing him that his second campaign

1017treasurer’s report had not been received. The letter advised

1026Respondent that fines were accruing.

103119. On April 9, 2007, Respondent filed an untimely and

1041incomplete report for the third reporting period. The report

1050included only the itemized contribution page and the itemized

1059expenditure page; it did not include the required summary page

1069that contains the candidate’s certification of the report’s

1077truth, correctness, and completeness.

108120. On April 9, 2007, the City Manager sent a certified

1092letter to Respondent informing him that his third campaign

1101treasurer’s report was incomplete. The letter gave Respondent

1109three days to submit a complete report.

111621. To date, Respondent has not filed the first or second

1127reports or a complete third report.

113322. In each of the circumstances described above,

1141Respondent was aware of the requirement to file a complete

1151campaign treasurer’s report as well as the deadline for doing so

1162by virtue of having been provided copies of the applicable laws

1173and the candidate’s handbook.

117723. Respondent’s failure to file complete and timely

1185reports was clearly more than an oversight. Indeed, even though

1195Respondent was sent certified letters by the filing officer on

1205each occasion advising him that the reports had not been

1215received, he did not make any subsequent filings with the City

1226Clerk and it took him over six months to file his Q2 report with

1240the Division.

124224. Respondent was provided notice of the date, time, and

1252location of the final hearing, through a Notice of Hearing

1262mailed to his address of record.

126825. Respondent failed to appear at the final hearing

1277despite having been provided proper notice of the hearing.

1286CONCLUSIONS OF LAW

128926. DOAH has jurisdiction over the parties to and subject

1299matter of this proceeding pursuant to Section 106.25(5), Florida

1308Statutes (2008).

131027. The Commission has the burden to prove the violations

1320alleged in the Orders of Probable Cause by clear and convincing

1331evidence. See Diaz de la Portilla v. Fla. Elections Comm’n , 857

1342So. 2d 913, 917 (Fla. 3d DCA 2003).

135028. The clear and convincing standard of proof is greater

1360than the preponderance of the evidence standard that applies in

1370most civil cases, but it is less than the beyond a reasonable

1382doubt standard that applies in criminal cases; it requires that:

1392the evidence must be found to be credible;

1400the facts to which the witnesses testify

1407must be distinctly remembered; the testimony

1413must be precise and explicit and the

1420witnesses must be lacking confusion as to

1427the facts in issue. The evidence must be of

1436such weight that it produces in the mind of

1445the trier of fact a firm belief or

1453conviction, without hesitancy, as to the

1459truth of the allegations sought to be

1466established.

1467In re Davey , 645 So. 2d 398, 404 (Fla. 1994).

147729. The Commission must not only prove that Respondent

1486violated a provision of the campaign finance laws, but also that

1497the act or omission that resulted in the violation was

1507“willful.” See § 106.25(3), Fla. Stat. (2008); Diaz de la

1517Portilla , 857 So. 2d at 916-17.

152330. Willfulness is a question of fact. See § 106.25(3),

1533Fla. Stat. (2008); McGann v. Fla. Elections Comm’n , 803 So. 2d

1544763, 764 (Fla. 1st DCA 2001).

155031. The determination of willfulness in this case is

1559governed by the definition in Section 106.37, Florida Statutes

1568(2006), which was in effect at the time of the acts and

1580omissions that gave rise to the Orders of Probable Cause. 3 / See

1593Diaz de la Portilla , 857 So. 2d at 917 n.2; McGann , 803 So. 2d

1607at 764.

160932. Section 106.37, Florida Statutes (2006), provided:

1616A person willfully violates a provision of

1623this chapter if the person commits an act

1631while knowing that, or showing reckless

1637disregard for whether, the act is prohibited

1644under this chapter, or does not commit an

1652act while knowing that, or showing reckless

1659disregard for whether, the act is required

1666under this chapter. A person knows that an

1674act is prohibited or required if the person

1682is aware of the provision of this chapter

1690which prohibits or requires the act,

1696understands the meaning of that provision,

1702and performs the act that is prohibited or

1710fails to perform the act that is required.

1718A person shows reckless disregard for

1724whether an act is prohibited or required

1731under this chapter if the person wholly

1738disregards the law without making any

1744reasonable effort to determine whether the

1750act would constitute a violation of this

1757chapter.

175833. The Commission alleged that Respondent violated

1765Subsections (1), (5), and (7), of Section 106.07, Florida

1774Statutes (2006 and 2007), which provide:

1780(1) Each campaign treasurer designated by

1786a candidate . . . shall file regular reports

1795of all contributions received, and all

1801expenditures made, by or on behalf of such

1809candidate . . . . Reports shall be filed on

1819the 10th day following the end of each

1827calendar quarter from the time the campaign

1834treasurer is appointed, except that, if the

184110th day following the end of a calendar

1849quarter occurs on a Saturday, Sunday, or

1856legal holiday, the report shall be filed on

1864the next following day which is not a

1872Saturday, Sunday, or legal holiday.

1877Quarterly reports shall include all

1882contributions received and expenditures made

1887during the calendar quarter which have not

1894otherwise been reported pursuant to this

1900section.

1901* * *

1904(5) The candidate and his or her campaign

1912treasurer, in the case of a candidate, or

1920the political committee chair and campaign

1926treasurer of the committee, in the case of a

1935political committee, shall certify as to the

1942correctness of each report; and each person

1949so certifying shall bear the responsibility

1955for the accuracy and veracity of each

1962report. . . .

1966* * *

1969(7) Notwithstanding any other provisions

1974of this chapter, in any reporting period

1981during which a candidate, political

1986committee, or committee of continuous

1991existence has not received funds, made any

1998contributions, or expended any reportable

2003funds, the filing of the required report for

2011that period is waived. However, the next

2018report filed must specify that the report

2025covers the entire period between the last

2032submitted report and the report being filed,

2039and any candidate, political committee, or

2045committee of continuous existence not

2050reporting by virtue of this subsection on

2057dates prescribed elsewhere in this chapter

2063shall notify the filing officer in writing

2070on the prescribed reporting date that no

2077report is being filed on that date.

208434. The Commission met its burden to prove that Respondent

2094violated these statutory provisions.

209835. The evidence clearly and convincingly establishes that

2106(1) Respondent failed to timely file the Q2 report due on

2117July 10, 2006, for the 2006 House of Representatives election;

2127(2) Respondent failed to file the campaign treasurer’s report

2136due on March 14, 2007, for the 2007 City Council election;

2147(3) Respondent failed to file the campaign treasurer’s report

2156due on March 23, 2007, for the 2007 City Council election, or a

2169“waiver report” for that period; (4) Respondent filed an

2178incomplete campaign treasurer’s report for the third reporting

2186period for the 2007 City Council election; and (5) Respondent’s

2196failure to file these reports was willful, as defined in Section

2207106.37, Florida Statutes (2006).

221136. Each violation that was proven was contained in a

2221separate count of the Orders of Probable Cause, and, therefore,

2231a separate fine may be imposed for each violation. See Diaz de

2243la Portilla , 857 So. 2d at 924; McGann , 803 So. 2d at 765-66.

225637. Section 106.265(1), Florida Statutes (2006, 2007, and

22642008), provides:

2266(1) The commission is authorized upon the

2273finding of a violation of this chapter . . .

2283to impose civil penalties in the form of

2291fines not to exceed $ 1,000 per count. In

2301determining the amount of such civil

2307penalties, the commission shall consider,

2312among other mitigating and aggravating

2317circumstances:

2318(a) The gravity of the act or omission;

2326(b) Any previous history of similar acts

2333or omissions;

2335(c) The appropriateness of such penalty

2341to the financial resources of the person . .

2350.; and

2352(d) Whether the person . . . has shown

2361good faith in attempting to comply with the

2369provisions of this chapter . . . .

237738. Properly reporting campaign contributions and filing

2384campaign treasurer’s reports go to the heart of the campaign

2394finance laws, and, as a result, a candidate’s willful failure to

2405comply with the statutory reporting requirements justifies the

2413imposition of the maximum fine of $1,000 per count. See , e.g. ,

2425Beardslee v. Fla. Elections Comm’n , 962 So. 2d 390 (Fla. 5th DCA

24372007) (affirming $1,000 fine for candidate’s willful failure to

2447report a $143 contribution).

245139. Respondent has the burden to prove the existence of

2461any mitigating circumstances that would justify imposition of a

2470lesser fine. See Diaz de la Portilla , 857 So. 2d at 925.

248240. No mitigating evidence was presented at the final

2491hearing.

2492ORDER

2493Based upon the foregoing Findings of Fact and Conclusions

2502of Law, it is

2506ORDERED that:

25081. Respondent is guilty of:

2513(a) willfully violating Section 106.07(1), Florida

2519Statutes (2006), as alleged in Count 1 of the Order of Probable

2531Cause dated June 1, 2007;

2536(b) willfully violating Section 106.07(1), Florida

2542Statutes (2007), as alleged in Count 1 of the Order of Probable

2554Cause dated May 30, 2008;

2559(c) willfully violating Section 106.07(7), Florida

2565Statutes (2007), as alleged in Count 2 of the Order of Probable

2577Cause dated May 30, 2008; and

2583(d) willfully violating Section 106.07(5), Florida

2589Statutes (2007), as alleged in Count 3 of the Order of Probable

2601Cause dated May 30, 2008.

26062. Respondent is assessed an administrative fine of $4,000

2616($1,000 for each count), which must be paid to the Florida

2628Elections Commission within 30 days of the date of this Final

2639Order.

2640DONE AND ORDERED this 31st day of March, 2009, in

2650Tallahassee, Leon County, Florida.

2654S

2655T. KENT WETHERELL, II

2659Administrative Law Judge

2662Division of Administrative Hearings

2666The DeSoto Building

26691230 Apalachee Parkway

2672Tallahassee, Florida 32399-3060

2675(850) 488-9675

2677Fax Filing (850) 921-6847

2681www.doah.state.fl.us

2682Filed with the Clerk of the

2688Division of Administrative Hearings

2692this 31st day of March, 2009.

2698ENDNOTES

26991 / An explanation of the more than one-year delay between the

2711first Order of Probable Cause and the referral of the case to

2723DOAH is contained in the Motion for Summary Final Order filed by

2735the Commission on July 11, 2008.

27412 / The record also includes campaign paperwork submitted by

2751Respondent on March 7, 2007. The February 23 paperwork

2760identifies the office that Respondent was seeking as

2768“Commissioner Group 2,” whereas the March 7 paperwork identifies

2778the office that Respondent was seeking as “Commissioner Group

27871.” An explanation of these different sets of paperwork is

2797contained in Exhibit 2, at page P39.

28043 / Section 106.37, Florida Statutes, was repealed effective

2813January 1, 2008. See Ch. 2007-30, Laws of Fla., at §§ 51, 57.

2826Because the statute was still in effect at the time of the acts

2839and omissions that gave rise to the Orders of Probable Cause, it

2851is unnecessary to consider whether, in light of the repeal of

2862Section 106.37, Florida Statutes, it is appropriate to resort to

2872case law or other sources to define “willful” for purposes of

2883Chapter 106, Florida Statutes. Cf. Fugate v. Fla. Elections

2892Comm’n , 924 So. 2d 74, 75 (Fla. 1st DCA 2006) (“In the absence

2905of a statute or properly promulgated rule defining the term

2915[‘willful’ for purposes of Chapter 104, Florida Statutes], the

2924case-law derived definition used by the ALJ was reasonable.”).

2933COPIES FURNISHED :

2936Charles J. Grapski

2939Post Office Box 190

2943Alachua, Florida 32616

2946Eric M. Lipman, Esquire

2950Florida Elections Commission

2953The Collins Building, Suite 224

2958107 West Gaines Street

2962Tallahassee, Florida 32399-1050

2965Barbara M. Linthicum, Executive Director

2970Florida Elections Commission

2973The Collins Building, Suite 224

2978107 West Gaines Street

2982Tallahassee, Florida 32399-1050

2985Patsy Rushing, Clerk

2988Florida Elections Commission

2991The Collins Building, Suite 224

2996107 West Gaines Street

3000Tallahassee, Florida 32399-1050

3003NOTICE OF RIGHT TO JUDICIAL REVIEW

3009A party who is adversely affected by this Final Order is

3020entitled to judicial review pursuant to Section 120.68, Florida

3029Statutes. Review proceedings are governed by the Florida Rules

3038of Appellate Procedure. Such proceedings are commenced by

3046filing one copy of a Notice of Appeal with the agency clerk of

3059the Division of Administrative Hearings and a second copy,

3068accompanied by filing fees prescribed by law, with the District

3078Court of Appeal, First District, or with the District Court of

3089Appeal in the appellate district where the party resides. The

3099Notice of Appeal must be filed within 30 days of rendition of

3111the order to be reviewed.

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Date
Proceedings
PDF:
Date: 10/06/2009
Proceedings: Transmittal letter from Claudia Llado forwarding Petitioner's Exhibits numbered 1 through 5, to the agency.
PDF:
Date: 04/06/2009
Proceedings: Official Response to Unlawful, Unjust, and Purely Fictional Procedure of this Court filed.
PDF:
Date: 04/06/2009
Proceedings: Statement of Ex-Parte Communication and Other Misconduct by the Judge in this Case filed.
PDF:
Date: 04/06/2009
Proceedings: Statement of Prosecutorial Misconduct filed.
PDF:
Date: 04/06/2009
Proceedings: Memorandum of Facts Deliberately Ignored by this Court Proving Defendant Innocent of Charges and Proving the Deliberate Unlawful and Unethical Misrepresentations to this Court by Charles Finkel and Barbara Linthicum filed.
PDF:
Date: 04/06/2009
Proceedings: Memorandum of Facts Deliberately Ignored by this Court filed.
PDF:
Date: 03/31/2009
Proceedings: DOAH Final Order
PDF:
Date: 03/31/2009
Proceedings: Final Order (hearing held March 30, 2009). CASE CLOSED.
Date: 03/30/2009
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 03/26/2009
Proceedings: Motion to Allow Testimony Via Telephone filed.
PDF:
Date: 03/23/2009
Proceedings: Notice of Filing Exhibit List and Exhibits (exhibits not available for viewing) filed.
PDF:
Date: 03/23/2009
Proceedings: Petitioner`s List of Witnesses filed.
PDF:
Date: 03/03/2009
Proceedings: Notice of Hearing (hearing set for March 30, 2009; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 03/02/2009
Proceedings: Florida Elections Commission`s Response to Order Placing Case in Abeyance filed.
PDF:
Date: 01/07/2009
Proceedings: Order Continuing Case in Abeyance (parties to advise status by February 27, 2009).
PDF:
Date: 01/06/2009
Proceedings: Florida Elections Commission`s Response to Order Placing Case in Abeyance filed.
PDF:
Date: 12/01/2008
Proceedings: Order Placing Case in Abeyance (parties to advise status by January 5, 2009).
PDF:
Date: 11/26/2008
Proceedings: Florida Elections Commission`s Response to Amended Order Granting Continuance filed.
PDF:
Date: 10/27/2008
Proceedings: Amended Order Granting Continuance.
PDF:
Date: 10/24/2008
Proceedings: Order Granting Continuance (parties to advise status by November 26, 2008).
PDF:
Date: 10/23/2008
Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for October 24, 2008; 2:00 p.m.).
PDF:
Date: 10/23/2008
Proceedings: Petitioner`s Response to Respondent`s Request for Admissions: FEC 06-421 filed.
Date: 10/22/2008
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 10/22/2008
Proceedings: Notice of Respondent`s Incarceration and Suggestion for Continuance of Final Hearing filed.
PDF:
Date: 10/16/2008
Proceedings: Order (all relief requested in Respondent`s motions is denied).
PDF:
Date: 10/14/2008
Proceedings: Undeliverable envelope returned from the Post Office.
PDF:
Date: 10/14/2008
Proceedings: Deponents` Notice of Compliance with Court Order filed.
PDF:
Date: 10/07/2008
Proceedings: Respondent`s Response to Court`s Order filed.
PDF:
Date: 10/07/2008
Proceedings: Motion for Rehearing and Holding an Actual Hearing on Judge`s Unfounded Motion Denying Respondent`s Motion to Strike and for Clarification for Basis of Judge`s Conclusion that Matters Clearly not in the Original Petition aas Required by Law are Actually there filed.
PDF:
Date: 10/06/2008
Proceedings: Order Denying Motion to Strike.
PDF:
Date: 10/06/2008
Proceedings: Motion for Protective Order filed.
PDF:
Date: 10/06/2008
Proceedings: Order (discovery deadline is extended to October 24, 2008).
PDF:
Date: 10/06/2008
Proceedings: Emergency Motion to Clarify Court`s Instructions given in Motion Hearing on Discovery/Deposition Process Pertaining to the Requirement of Petitioner to Utilize an Official Court Reporter as Video Operator and to Issue Order Clarifying the Court`s Order Establishing that it does not Require Petitioner to Pay for and Utilize Two Court Reporters when Video Depositions are taken According to Court`s Instructions to Petitioner filed.
Date: 10/03/2008
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 10/03/2008
Proceedings: Amended Notice of Taking Depositions filed.
PDF:
Date: 10/03/2008
Proceedings: Respondents Motion in Opposition to Ms. Rush`s Emergency Motion to Invalidate and Quash Subpoena and Issue a Protective Order for Deposition Noticed for October 6th 2008 filed.
PDF:
Date: 10/03/2008
Proceedings: Respondent`s Motion in Opposition to Petitioner`s Motion to Strike Notice of Depositions and Motion to Suspend Depositions filed.
PDF:
Date: 10/03/2008
Proceedings: Notice of Appearance (filed by Linda Chapman) filed.
PDF:
Date: 10/02/2008
Proceedings: Notice of Filing Exhibits to Emergency Motion.
PDF:
Date: 10/02/2008
Proceedings: Request to Invalidate Subpoena filed.
PDF:
Date: 10/02/2008
Proceedings: Notice of Telephone Conference filed.
PDF:
Date: 10/02/2008
Proceedings: Petitioner`s Motion to Strike Notice of Service of Respondent`s First Set of Interrogatories filed.
PDF:
Date: 10/02/2008
Proceedings: Notice of Appearance on Behalf of Deponents (filed by M. Rush).
PDF:
Date: 10/02/2008
Proceedings: Emergency Motion to Invalidate and Quash Subpoena and Issue a Protective Order for Depositions Noticed for October 6, 2008 filed.
PDF:
Date: 10/02/2008
Proceedings: Amended Petitioner`s Motion to Strike Notice of Deposition and Motion to Suspend Depositions filed.
PDF:
Date: 10/02/2008
Proceedings: Petitioner`s Motion to Strike Notice of Deposition and Motion to Suspend Depositions filed.
PDF:
Date: 10/02/2008
Proceedings: Response to Subpoena Duces Tecum filed.
PDF:
Date: 10/01/2008
Proceedings: Petitioner`s Response to Respondent`s Motion to Strike filed.
PDF:
Date: 10/01/2008
Proceedings: Notice of Service of Respondents First Set of Interrogatories filed.
PDF:
Date: 09/30/2008
Proceedings: Notice of Taking Depositions filed.
PDF:
Date: 09/25/2008
Proceedings: Motion to Strike filed.
PDF:
Date: 09/24/2008
Proceedings: Respondent`s Request for Admissions: FEC 06-421 filed.
PDF:
Date: 09/24/2008
Proceedings: Notice of Respondent`s Filing of Request for Admissions filed.
PDF:
Date: 09/19/2008
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for October 28 and 29, 2008; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 09/19/2008
Proceedings: Petitioner`s Response to Respondent`s Motion for Continuance filed.
PDF:
Date: 09/19/2008
Proceedings: Letter to Judge Wetherell from C. Grapski regarding electronic filing filed.
PDF:
Date: 09/19/2008
Proceedings: Motion for Continuance filed.
PDF:
Date: 09/18/2008
Proceedings: Petitioner`s Exhibit List filed.
PDF:
Date: 09/18/2008
Proceedings: Petitioner`s Witness List filed.
PDF:
Date: 09/16/2008
Proceedings: Order Compelling Discovery.
PDF:
Date: 09/12/2008
Proceedings: Petitioner`s Motion in Limine filed.
PDF:
Date: 09/12/2008
Proceedings: Petitioner`s Motion to Compel Discovery filed.
PDF:
Date: 09/11/2008
Proceedings: Order of Consolidation (DOAH Case Nos. 08-2765 and 08-3375).
PDF:
Date: 09/04/2008
Proceedings: Notice of Appearance of Attorney filed.
PDF:
Date: 09/03/2008
Proceedings: Notice of Hearing (hearing set for September 29, 2008; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 09/02/2008
Proceedings: Petitioner`s Response to Order Canceling Hearing filed.
PDF:
Date: 08/22/2008
Proceedings: Order Canceling Hearing (parties to advise status by September 2, 2008).
PDF:
Date: 08/13/2008
Proceedings: Florida Elections Commission`s Motion to Consolidate Cases and Continue Final Hearing filed.
PDF:
Date: 07/30/2008
Proceedings: Response to Order filed.
PDF:
Date: 07/21/2008
Proceedings: Order (based upon Petitioner`s Motion for Summary Final Order).
PDF:
Date: 07/15/2008
Proceedings: Amended Notice of Service of Petitioner`s First Set of Interrogatories filed.
PDF:
Date: 07/11/2008
Proceedings: Petitioner`s Motion for Summary Final Order filed.
PDF:
Date: 06/30/2008
Proceedings: Florida Elections Commission`s Request to Produce Documents filed.
PDF:
Date: 06/23/2008
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 06/23/2008
Proceedings: Notice of Hearing (hearing set for August 28, 2008; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 06/20/2008
Proceedings: Notice of Service of Petitioner`s First Set of Interrogatories filed.
PDF:
Date: 06/18/2008
Proceedings: Florida Elections Commission`s Response to Initial Order filed.
PDF:
Date: 06/11/2008
Proceedings: Initial Order.
PDF:
Date: 06/11/2008
Proceedings: Staff Recommendations filed.
PDF:
Date: 06/11/2008
Proceedings: Order of Probable Cause filed.
PDF:
Date: 06/11/2008
Proceedings: Order of Referral to Division of Administrative Hearings filed.
PDF:
Date: 06/11/2008
Proceedings: Agency referral filed.

Case Information

Judge:
T. KENT WETHERELL, II
Date Filed:
06/11/2008
Date Assignment:
06/11/2008
Last Docket Entry:
10/06/2009
Location:
Tallahassee, Florida
District:
Northern
Agency:
Florida Elections Commission
 

Counsels

Related DOAH Cases(s) (2):

Related Florida Statute(s) (4):