10-002331 Florida Elections Commission vs. John Mandujano Status: Closed DOAH Final Order on Friday, July 2, 2010.

Summary: Respondent's failure to respond to discovery is deemed admission of allegations. Fine is $1000.00

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA ELECTIONS COMMISSION , )

)

Petitioner , )

)

vs. ) Case No. 10 - 2331

)

JOHN MANDUJANO , )

)

Respondent . )

)

SUMMARY FINAL ORDER

This matter was filed at the Division of Administrative

Hearings on April 27, 2010, by Petitioner. Pursuant to

Subsection 120.25(5), Florida Statutes (2009), the matter was

assigned to the undersigned Administrative Law Judge. On May 3,

2010, Petitioner served its Firs t Request for Admissions and

First Interrogatories on Respondent. Responses to the discovery

requests were due on or before June 7, 2010.

On June 10, 2010, Petitioner filed a Motion for Summary

Final Order setting forth the following facts which are deem ed

admitted by Respondent:

1. On or about July 3, 2007, Respondent filed a State of

Florida Appointment of Campaign Treasurer and Designation of

Campaign Depository for Candidates form with the Clerk's Office

of the City of Largo, designating himself as the treasurer for

his upcoming political campaign.

2. On or about July 6, 2007, Respondent filed a Statement

of Candidate form, indicating that he had read and understands

the requirements of Chapter 106, Florida Statutes.

3. On or about July 2, 2007, Respondent received a

candidate packet from the City of Largo which included an

Election Calendar and a Campaign Treasurer Reporting Periods and

Due Dates form.

4. On or about August 11, 2007, Respondent attended a

candidate training class.

5. Respond ent received a letter from Diane L. Bruner,

clerk of the City of Largo, dated January 9, 2008, reminding

Respondent that his campaign termination report was due no later

than February 4, 2008.

6. Respondent received a letter dated February 11, 2008,

fro m Ms. Bruner reminding him that his campaign termination

report had not been timely filed.

7. As of this date, Respondent has willfully failed to

file his campaign termination report as required by law.

Based upon the foregoing, it is

ORDERED that Resp ondent is in violation of Subsection

106.141(1), Florida Statutes (2009), in that he has failed to

file a campaign termination report listing the disposition of

surplus campaign funds as required by law. Respondent shall pay

a civil penalty in the amount of One Thousand Dollars

($1,000.00) to the Florida Elections Commission within 30 days

of the date of this Order.

DONE AND ENT ERED this 2nd day of July , 2010 , in

Tallahassee, Leon County, Florida.

S

R. BRUCE MCKIBBEN

Ad ministrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hea rings

this 2nd day of July , 2010 .

COPIES FURNISHED :

Eric Lipman, Acting Executive Director

Florida Elections Commission

The Collins Building, Suite 224

107 West Gaines Street

Tallahassee, Florida 32399 - 1050

Joshua B. Moye, Esquire

Florida Elections Commission

The Collins Building , Suite 224

107 West Gaines Street

Tallahassee, Florida 32399 - 1050

Patricia Rushing, Clerk

Florida Elections Commission

The Collins Building, Suite 224

107 West Gaines Street

Tallahassee, Florida 32399 - 1050

John Mandujan o

488 Hillcrest Drive

Largo, Florida 33771

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Final Order is

entitled to judicial review pursuant to Section 120.68, Florida

Statutes. Review proceedings are governed by the Flo rida Rules

of Appellate Procedure. Such proceedings are commenced by

filing one copy of a Notice of Administrative Appeal with the

agency clerk of the Division of Administrative Hearings and a

second copy, accompanied by filing fees prescribed by law, wit h

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

District Court of Appeal in the appellate district where the

party resides. The Notice of Administrative Appeal must be

filed within 30 days of rendition of the order to be reviewed.