10-009927 Florida Elections Commission vs. Brian Pitts, Treasurer, Justice-2-Jesus Status: Closed DOAH Final Order on Monday, January 3, 2011.

Summary: Summary Final Order based on facts established by way of Respondent's admissions.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA ELECTIONS COMMISSION , )

)

Petitioner , )

)

vs. ) Case No. 10 - 9927

)

BRIAN PITTS, TREASURER, )

JUSTICE - 2 - JESUS , )

)

Respondent . )

)

SUMMARY F INAL ORDER

On August 19, 2010, an Order of Probable Cause was entered

by Petitioner, Florida Elections Commission (the "Commission") ,

holding that Respondent, Brian Pitts, Treasurer, Justice - 2 - Jesus

("Pitts") , violated chapter 106, Florida Statutes (2009) , by

failing to file a quarterly report of all contributions received

by the entity known as Justice - 2 - Jesus ("J2J"), a political

committee.

Pitts did not file a request for a formal or informal

hearing. Pursuant to section 106.25(5), Florida Statutes

( 2010), Pitts is entitled to a formal administrative hearing

conducted by an Administrative Law Judge. The matter was

assigned to the undersigned for purposes of conducting the final

hearing.

The Commission propounded discovery on Pitts, including

Requests for Admissions. Pitts never responded to the

discovery. Based upon the admissions set forth as Findings of

Fact below, the Commission filed a Motion for Summary Final

Order. Pitts did not respond to the motion.

FINDINGS OF FACT

Based upon the foregoing and in consideration of Pitts'

failure to timely respond to Requests for Admissions, the

following Findings of Fact are made in this matter:

1. On or about December 12, 2007, J2J filed a form

entitled , " Appointment of Campaign Treasurer and Designation o f

Campaign Depository for Political Committees and Electioneering

Communication Organizations " with the Florida Division of

Elections (the "Division"). The form designated Pitts as the

chairman and treasurer of J2J.

2. The Division then sent Pitts a lett er dated

December 14, 2007, providing directions concerning the filing of

a Committee Campaign Treasurer's Report ("Report") by J2J in

accordance with the campaign financing requirements set forth in

chapter 106, Florida Statutes (2007). Pitts received th e letter

from the Division.

3. By letter dated April 13, 2009, the Division notified

Pitts that J2J had failed to file the Report which had been due

on April 10, 2009. Pitts received the letter from the Division

concerning the overdue Report.

4. The D ivision sent a follow - up letter to Pitts dated

April 27, 2009, concerning the delinquent Report. Pitts

received the letter from the Division.

5. As of the date of its Motion for Summary Final Order,

the Division had not received the Report from Pitts. J 2J is in

violation of the campaign financing requirements for political

committees in Florida.

6. The Division deems Pitts' failure to file the Report

for J2J to be a willful violation of the Florida campaign

financing laws.

CONCLUSIONS OF LAW

7. The Div ision of Administrative Hearings has

jurisdiction over this matter pursuant to sections 120.57(1) and

106.25(5), Florida Statutes (2010), the latter of which states:

Unless a person alleged by the Elections

Commission to have committed a violation of

thi s chapter or chapter 104 elects, within

30 days after the date of filing of the

commission's allegations, to have a formal

or informal hearing conducted before the

commission, or elects to resolve the

complaint by consent order, such person

shall be entitl ed to a formal administrative

hearing conducted by an administrative law

judge in the Division of Administrative

Hearings. The administrative law judge in

such proceedings shall enter a final order

subject to appeal as provided in s 120.68.

8. Statutory changes that relate only to procedure or

remedy generally apply to all pending cases. Gupton v. Village

Key and Saw Shop, Inc. , 656 So. 2d 475 (Fla. 1995). The changes

to section 106.25(5), Florida Statutes, made by the 2007 Florida

Legislature were pro cedural and, thus, apply to the instant

matter.

9. Florida Rules of Civil Procedure Rule 1.370(b), which

is adopted in Florida Administrative Code Rule 28 - 106.206,

provides:

Any matter admitted under this rule is

conclusively established unless the court on

motion permits withdrawal or amendment of

the admission.

10. Pitts has not filed any motion seeking to withdraw or

amend the admissions set forth in the propounded requests for

admissions.

11. Section 106.07(1), Florida Statutes (2009), states:

(1) Each campaign treasurer designated by

a candidate or political committee pursuant

to s. 106.021 shall file regular reports of

all c ontributions received, and all

expenditures made, by or on behalf of such

candidate or political committee. Reports

shall be filed on the 10th day following the

end of each calendar quarter from the time

the campaign treasurer is appointed, except

that, i f the 10th day following the end of a

calendar quarter occurs on a Saturday,

Sunday, or legal holiday, the report shall

be filed on the next following day which is

not a Saturday, Sunday, or legal holiday.

Quarterly reports shall include all

contributions received and expenditures made

during the calendar quarter which have not

otherwise been reported pursuant to this

section.

Neither Pitts, nor J2J, filed the requisite Report listing all

contributions received and expenditures made by the entity.

11. Sec tion 106.265, Florida Statutes (2009), provides

that persons violating the campaign financing statute can be

fined up to $1,000 for each violation committed. The alleged

violator bears the burden of presenting evidence of

circumstances which might mitigat e the amount of the fine.

Pitts provided no such evidence. The Commission, not the

Administrative Law Judge, has the authority to impose the fine

against a violator. See F la. E lections C omm'n v . Davis ,

44 So. 3d 1211 (Fla. 1st DCA 2010).

12. The Comm ission has conclusively established that Pitts

violated the campaign financing statutes as set forth above.

ORDER

Based upon the foregoing Findings of Fact and Conclusions

of Law, it is

ORDERED that Respondent, Brian Pitts, Treasurer,

Justice - 2 - Jesus, is in violation of section 106.07(1), Florida

Statutes (2009). Petitioner, Florida Elections Commission ,

shall impose the appropriate fine commensurate with the

violation.

DONE AND ORDERED this 3rd day of January , 201 1 , in

Tallahassee, Leon County, Florida .

S

R. BRUCE MCKIBBEN

Administrative 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 Hearings

this 3rd day of January , 201 1 .

COPIES FURNISHED :

Rosanna Catalano, Executive Director

Florida Elections Commission

Collins Building

107 West Gaines Street, Suite 224

Tallahassee, Florida 32399 - 1050

Patricia Rushing, Clerk

Florida Elections Commission

Collins Building

107 West Gaines Street, Suite 224

Tallahassee, Florida 32399 - 1050

Joshua B. Moye, Esquire

Florida Elections Commission

Collins Building

107 West Gaines Street, Suite 224

Ta llahassee, Florida 32399 - 1050

Brian Pitts

Justice - 2 - Jesus

1119 Newton Avenue South

St. Petersburg, Florida 33705

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Final Order is

entitled to judicial review pursuant to Sectio n 120.68, Florida

Statutes. Review proceedings are governed by the Florida 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 Hearin gs and a

second copy, accompanied by filing fees prescribed by law, with

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

file d within 30 days of rendition of the order to be reviewed.