STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION Case No ...€¦ · letter dated december 7, 2012...

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

In Re: Reginald N. "Reggie" Fullwood

------------------------~/ Case No .. : FEC 11-098

FEC 11-299 FEC 12-027

NOTICE OF INFORMAL HEARING, PURSUANT TO § 120.57(2), F.S.

TO: Reginald N. "Reggie" Fullwood 101 East Union Street,# 402 Jacksonville, Florida 32202-3065

Division of Elections 500 South Br:onough Street RAG ray Building, Room.316 Tallahassee, FL .32399

PLEASE TAKE NOTICE that o.n May 14, 2013, at 8:30 a.m., or .as soon thereafter as the parties can be heard, the Fl<Hida Elections Commission will decide whether Respondent violatedthose sections of The Florida Election .Code. charged in the Order of Probable Cause The Commission shall meet at: Senate Office Building, 404 South M<mro.e Street, Room S-401, Tallahassee,Florida 32399-6526.

Pursuant to. Section .106 25( 5), Florida Statutes, within thirty days after the . date of the filing of the Commission's allegation, you had the opportunity to elect for a formal hearing However, you failed to do so, and because there is no issue of material fact, the instant case will be resolved in an informal hearing Respondent and staff shall each have the opportunity to briefly present their case to the Commission. Failure to appear in accordance with this notice will COJ\Stitute a waiver of your right to a hearing, and the .Commission will decide this case on the record before it. Convenience of location is nota basis. for continuing or postponing the scheduled hearing See reverse side for additionalinstructions ..

If you require an accommodation .due to a. disability, contact Donna Aun Malphurs, Florida Elections Commission, at (850) 922-4539 or by mail at 107 West Gaines Street, The Collins Building, Suite 224, I allahassee, Florida 32399, at least 5 days before the hearing.

PLEASE GOVERN YOURSELF ACCORDINGLY.

Dated on April 16, 2013.

Hea035 (12/07)

Amy McKeever Toman Executive Director

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An informal hearing is a hearing in which the Respondent does not dispute issues of material fact upon which the determination of probable cause is based At the informal hearing, the Florida Elections Commission will decide. whether Respondent violated those sections of The Florida Election Code charged in the Order of Probable Cause, whether to impose a fine, and the amount of the fine. At the informal hearing, Respondent must admit to the facts set forth in the Staff Recommendation

The hearing will be conducted pursuant Sections 120.569 and 120S7(2), Florida Statutes; Chapter 28, Florida Administrative Code, the Uniform Rules of Procedures; and Commission Rule 2B-L004, Florida Administrative Code

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

Before the hearing, the Commission will review the Order of Probable Cause, the Staff Recommendation, and all the written documents filed by the parties with the Commission Clerk at least ten da)§ before the hearing If Respondent introduces any documents at the hearing, he or she should bring the original, if available, and a copy for each of the nine Commissioners and the staff attorney .

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When the case is called, the Chair will read a brief statement and may. ask the Respondent and his attorney, ifone is present, .to state their names for the record The Respondent will be sworn in prior to giving testimony. Staffwill then present its case to the Commission .. Either party may reserve part of his time to respond to the other party's presentation

After staff's presentation, Respondent will have the opportunity to present his case. Respondent should explain why the facts in the Staff Recommendations do not support the violations charged in the Order of Probable Cause At the request of Respondent, the Commission will consider and determine willfulness at the informal hearing. Because the hearing is informal, the Respondent should not argue that the facts in the Staff Recommendations are untrue.

Respondent may also argue the appropriate fine that the Commission should impose if violations are found. IfRespondentclaims that his. limited resources make him unable to pay the statutory fine, he must provide the Commission with written proof of his financial resources A financial affidavit form is available from the Commission Clerk ·

After the presentations are concluded, the Commissioners will discuss the case and may ask questions of Respondent, his attorney, and staff The Commission's decision on whether Respondent violated The Florida Election Code and whether to impose a fine will be made by a majority vote of those members present and voting

In seven to ten days after the Commission meeting, the Commission will send to Respondent a written order reflecting the Commission's decision If the Commission does not find a violation, the case will be dismissed. If the Commission finds a violation and imposes a fine, Respondent will have 30 days to pay the fine

If you have any questions about the procedures for the hearing or to request a copy of the financial affidavit form, please contact Donna Ann Malphms at 107 W. Gaines Street Collins Building, Suite 224, Tallahassee, FL 32399-1050, phone number: (850) 922-4539, and fax number: (850) 921-0783.

Hea03S (12/07)

CASE NAME:

CASE NUMBER{S):

INVESTIGATOR:

ATTORNEY FOR FEC:

OPPOSING ATTORNEY & PHONE NUMBER:

FEC vs .. Reginald N .. "Reggie" Fullwood

FEC No. 12-027 DOAHNo.

Margie Wade

Jacqueline Davison/Adam Wright

( FLORIDA ELECTIONS COMMISSION STATE OF FLORIDA ___ .... ____ ,,,.--.... ____ _ FLORIDA ELECTIONS COMMISSION

vs ..

HONORABLE REGINALD N .. FULLWOOD

/ VERIFIED RETURN OF SERVIc:(

CASE'f':;~J;:E:¢:~r2:cq~:z.: .. :.J CIVII, DIVISION

LETTER DATED DECEMBER 7, 2012 ENCLOSED ORDER OF PROBABLE CAUSE STAFF RECOMMENDATION FOLLOWING INVESTIGATION ATTACHMENr A

ArTORNEY: ERIC LIPMAN 10 7 W GAINES STREET THE COLLINS BLDG STE 2 TALLAHASSEE, FL 32399

L received this writ on Date Ol./ll/2013 rime oa:oo A .. M. to HONORABLE R·EGINALD"N .... JilJ!.Lwo'()rl) :;.:,"---~""" _,,- ..... -' - _,

at, 2232 Ri.bault Scenf.c!dve, Jack<:onv~lle, FL 32208 .. Served same on Date 1{1'1_/!P Time//· O')A_ [ J Served at origihal addr·ess . [ )1.. J Served at new address, see comments below

[ ] INDIVIDUAL: FS 48 .. 031

[)(] SUBSTITUTE: FS 48 .. 031 fl1e;/!O!fr) 'fv/ltJrJcJJJr as 1j6/1 .. _ Co:RE!sident .. ,Jh'o ~s 15 year·s of age o:r-.. c:>_l:er_ and.~nform~·ng-· the- person· ·of the contents. Race ··· · sex·· - Age ··- Hgt Wt Hair Glasses Other --- ---- --- --- --- --- --- --~---

[ Marital status [ Married-Spouse's Name: _____ _ ( ] Not Married

( J MILITARY STATUS: To my be.~t knowledge, information and belief the said defendant at the time of service was not engaged in the military service of the United States ,

NO SERVICE: For the reason that diligent. search and inquiry failed to locate above lamed witness.

2'/lfCz brvwevcL, Caw tJ ,Jqc.kkQ&d!e .. .lt::.~J.L'--... S:~..!Z"-''l"-!-I.QlL ______ _

Acknowledge I am authorized and in good standing in the jurisdiction wherein this process ~s se.J:: .. ved and .have .no interest in the above action .. No notary required pursuant to F .. S .. 2 525 (2)

1der penalti.es of perju~y, I ~clar·e that :r have :r·ead tlle >rgoing document and that the facts :ated in

flobcvPG Mos.-.....:___.-oEx 62434 C.E NO FEC 12-027

WF GREENBERG & COMP.~~. LLC. 7040 SEMINOLE PRATT RD SUITE 25-159 LOXAHATCHEE, FL 33470 OFFICE (561) 422-.3190

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AFFIDAVIT OF SERVIC(

State of Florida County of Court

Case Number: FEC 12-027

Plaintiff: Florida Elections Commission

VS,

Defendant: Honorable Reginald N., Fullwood

For: State of Florida

Received by WF Greenberg & Co , LLC on the 15th day of January, 2013 at 2:20 pm to be served on Honorable Reginald N., Fullwood, 2232 Ribault Scenic Dr,, Jacksonville, FL 32208, Served At: 8146 Broward Cove Rd.,, Jacksonville, FL 32218 ..

I, RobertS, Mosley# 1016, being duly sworn, depose and say that on the 19th day of January, 2013 at 11:05 am, 1:

--- - Substitute at-Residence: bydelivering-atruecopy-of-theLetter-with-the-date-and-hour-of.service.endorsed-~ thereon by me, to: Reginald Fullwood Jr., as Son at the residential address of the within named who resides

______ therein,.who is.fifteen.(t5).years_of.age_or_older.and_server_informedsaid_p_ersoo_ottbe~coote_otstbecein.Jn compliance with state statutes per F.S .. 48 .. 031 (1 )(a)

1- certify that I am over the age of 18, have no interest in fhe aboveactiori, arid am a Special Process Server, in good standing, in the judicial circuit in which the process was served.,

n orn to before me on the 21st day 13 b the affiant who is personally

NOTARY PUBLIC

obert S. Mosley# 1016 Process Server -----:;~-

WF Greenberg & Co , LLC 7040 Seminole Pratt Road Suite 25-169 Loxahatchee, FL 33470 (561) 422-3190 Our Job Serial Number: SSJ-2013000693 Ref: 32434

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Subject fee 12-027- honorable reginald n .. fullwood - served

From: "Debi@billwfg .. com"

To: rebecca marsey

Date: 01/22/2013 11:26 AM

Served, pending return will follow when received, [email protected]

FILE NO: FEC 12-027 CLIENT: Flmida Elections Commission

CASE: FEC 12-027

COUNTY: State Of Florida

· - -PLAINTIFF:-FloridaElections-Commission---

DEFENDANT: Honorable Reginald N .. Fullwood

REC DATE: 01/11/2013

SERVICE DEFENDANT: Honorable Reginald N Fullwood

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SERVICE ADDRESS: 2232 Ribault Scenic Drive, Jacksonville, FL 32208

SUBSTITUTE RESIDENCE: Reginald Fullwood Jr I (Co-Resident I Son)

SERVED: 0111912013 at 11:05 AM

=====================================================================

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FLORIDA ELECTIONS COMMISSION 107 West Games Street

Collins Building, Su1te 224 Tallahassee, Florida 32399-1050

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Honorable Regmald N. Fullwood ' ; I

Ribimlt !')cenic Dnve 32208

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Florida Elections Commission, Petitioner,

v.

Reginald N. Fullwood, Respondent.

Agency Case No.: FEC 12-027

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ORDER OF PROBABLE CAUSE

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THIS CAUSE came on to be heard before the Florida Elections Commission at its

meeting held on November 15, 2012, in Tallahassee, Florida

The Commission- has reviewed--the Complaint; Report· of- Investigation, Staff

- Recommendation, -all docffifients- submitted by-the Responuent; any- feievan.raocuments, ana-

considered all 01al statements made at the probable cause hearing Based on the facts set forth in

the Staff Recommendation, which is incorpoxated herein and attached to this order, the

Commission finds that there is probable cause that Respondent committed one count of violating

Chapter 106, Fl01ida Statutes:

Count 1:

On or about October 10, 2011, Respondent violated Section 106 141 (8), Florida Statutes, when he failed to timely file his 2011 Q3 Office Account Report disclosing the disbursements of funds made from his office account and all refunds and reimbursements received by Respondent

DONE AND ORDERED by the Florida Elections Commission on

im Holladay, Chairman Florida Elections Commission

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.. NOTICE OF RIGHT TO A HEARING .. -... I As the Respondent, you may elect to resolve this case in several ways. First, you may elect to resolve this case by consent order where you and Commission staff agree to resolve the violations and agree to the amount of the fine The agreed to consent order is then presented to the Commission for its approval I o discuss a consent order, contact the attorney who signed the Staff Recommendation attached to the Order of Probable Cause.

Second, you may request an informal hearing held before the Commission, ifyou do not dispute any material fact in the Staff Recommendation You have 30 days fiom the date of the Order of Probable Cause to request such a hearing At the hearing, you will have the right to make written or oral arguments to the Commission concerning the legal issues related to the violations and the potential fine At the request of Respondent, the Commission will consider and determine

' willfulness at an informal hearing Otherwise, live witness testimony is unnecessary.

Third, you may request a formal hearing held before an administrative law judge in the Division of Administrative Hearings (DOAH), if you dispute any material fact in the Staff Recommendation You have 30 days from the date of the Order of Probable Cause to request such a hearing. At the hearing, you will have the right to present evidence relevant to the

. ... . .. vio~tion(s)]i~ted)n thisor<ier, to ()ross-examine opposing witnesses, to impeach any witness, and to rebut the evidence presented against you

· ·· · ·· ·· ·Ifyou·do n:onlecttoresolve the case by consent order or request a formal hearing at theDOAH or an informal hearing before the Commission within 30 days of the date of this. Order of

--- Piobable Cause, the case will be sent to the Commission anclyou-wlllbeenti.tled toaformal or informal hearing

I o request a hearing, please send a written request to the Commission Clerk, Donna Ann Malphurs The address of the Commission Clerk is 107 W. Gaines Street, Collins Building, Suite 224, Tallahassee, Florida 32399-1050. The telephone number is (850) 922-4539 The Clerk will provide you with a copy of Chapter 28-106, Florida Administrative Code, and other applicable rules upon request No mediation is available

Copies furnished to:

Jacqueline Davison, Assistant General Counsel , Reginald N Fullwood, Respondent (certified mail)

Kristi Reid Bronson, Filing Officer

Attachment: Staff Recommendation

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In Re: Reginald N. Fullwood Case No.: FEC 12-027 I __ , ........... _,,,, ________ ___,

STAFF RECOMMENDAT!ON. FOLLOWING INVESTIGATIOJ'!

Pursuant to section 106.25(4)(c), Flolida Statutes, undetsigned staff counsel files this wtitten recommendation f01 disposition of the refenal in this case tecommending that thete is probable cause to chatge Respondent with violating Section 106.141(8), FloJida Statutes Based upon a thorough review of the Report of Investigation submitted on Aptil 20, 2012, the following facts and law support this staff recommendation:

1. On Februaty 10, 2012, the Florida Elections Commission received a referral from the Depattment of State, Division of Elections ("Division"), alleging that Reginald N Fullwood

· · -("Respondent'')-vio1ated-Chaptei 106, EloridaStatutes .. . ... ...... .. . . ........ __

· ···· --2- - --. Respondent-istheStateRepresentativefor-District15 .. Hewaselectedin2Q!O ...

-:r-~-sy-tetterdatoocMat·ch~9;-20t2;-the-Executive-E>irector-notified-Respondent-that---.-. --. -·-Commission staffwould investigate the following statutory provisions:

Section 106.141(8), Florida Statutes: Reggie Fullwood, candidate for State Representative, District 15, failed to file his 2011 Q3 Office Account report, as alleged in the refenal from the Division of Elections

4 On Januaty 10, 2009, in his statement of candidate required by Section 106 023 of the Florida Statutes, Respondent affirmed that he received, read, ~d understood the requirements ofChaptei 106, Florida Statutes (ROI Exhibit 14).

5. On Februruy 3, 2009, Kristi Reid Bronson, Chief, Bureau of Election Records, Division of Elections, advised Respondent that all of the Division's publications and reporting fotms were on its website and directed Respondent to print out the Candidate and Campaign Treasurer Handbook (June 2008 edition) ("Handbook") as well as other documents (ROI Exhibit 1 0) ..

6 The June 2008 Handbook states that "[a] candidate is required to file a report on the 1 01

h day following the end of each calendar quarter following the 90-day termination report until the office account is closed " (Attachment "A")..

Staff Recommendation FEC 12 .. 021 1 --- --- --- --------- ----------------------- ---------·-~-- ~----~~~-

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7. Respondent's Q1 Office Account Report reflected a balance of $37.25.. (ROI Exhibit 6) 1

8 By letters dated October 13, 2011, October 26, 2011, and December 16, 2011, Ms Bronson informed Respondent that Respondent's Q3 Office Account Report, due on October 10, 2011, had not been filed .. (R01 Exhibits 1 & 4i

9 Despite receiving three Wiitten notices, as of June 1, 2012, Respondent's 2011 Office Account Report has still not been filed

10. "Probable Cause" is oefined as reasonable ground of suspicion supported by circumstances sufficiently strong to warrant a cautious person in the belief that the person has committed the offense charged. Schmitt v State, 590 So 2d 404, 409 (Fla 1991) Probable cause exists where the facts and circumstances, of which an [investigator] has reasonably trustworthy information, are sufficient in themselves for a reasonable man to reach the conclusion that an offense has been committed Department of Highway Safety and Motor Vehicles v Favino, 667 So 2d 305, 309 (Fla. 1 '1 DCA 1995) ·

11. The facts set forth above show that Respondent is a State Representative from· ·· ··· -District-1-§c·· Respondent.failed.to-file.hisQ3 Office Account.Reporton0ctobetl.0,.2Qll. .. J3Y.

letters dated October 13, 2011, October 26, 2011, and December 16, 2011, the Division notified --c'[R"espondennh:arb:e-wanequirecho·file-his·~3-0ffice-Account-Reporic-Elespite-receivingcthese'-~~-~

tluee letters from the Division, as of June 1, 2012, the Respondent has failed to file his report

Based upon these facts and circumstances, I recommend that the Commission find probable cause to charge Respondent with violating the following:

On or about October 10, 2011, Respondent violated Section 1 06.141(8), Florida Statutes, when he failed to timely file his 2011 Q3 Office Account Report disclosing the disbursements of funds made from his office account and all refunds and reimbursements received by Respondent

--------1 Respondent also failed to file his Q2 Office Account Report, due on July I 0, 20 II However, this issue is addressed in FEC 11-299 2 The Report of Investigation is n:ferred to herein as "ROI "

Staff Reoommendation FEC 12 .. 027 2 --~---~------~---~~------------------ ------ -"-------------------

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Respectfully submitted on June .. Jl_, 2012,

Jacqueline -!-4+---·····--·---·-----·---·-.. -

Assistant Ge

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I reviewed this Staff Recommendation this _lL day of June 2012

Staff Recommendation FEC IZ-027 3

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€AN-91DA+E- -··· -~~~~······-···-··-···········AN·o-=-----······

CAMPAIGN TREASURER HANDBOOK

June 2008

Florida Department of State Division of Elections

RA Gray Building, Room 316 500 South Bronaugh Street

Tallahassee, Florida 32399-0250 Phone: 850 245 6240

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Table of Contents

Chapter1-Explanation,,,, .......... ... , .. ,, ""'"" """" "' "" """'"'"1

Chapter 2 -·The Campaign Financing Act. ...... , , , .... ,,, . , ..... ., """''" , .. , •. ,, , ..... '""""., .,2

Chapter 3-- Offices Up For Election, """"" .... , . .. .... ,.,,.. . . . . ,, .. ,, . """" , '"" .3 Federal Offices . "" 3 Multicounty and District Offices 3 County Offices. "" 3 Judicial Retention (Nonpartisan) 3 Circuit Judges (Nonpartisan) . 3 County Court Judges (Nonpartisan) 3

Chapter 4- Dates to Remember, ..... "" , , , '""""" ""... . .... , , ""'"""""'"''"""""""'""'"' ,,4

Chapter 5 __ ,Glossary of Terms"""'""'"""''"' , "'" ..... , """"""'" .................... , " ""'"""" '""""" ""' ......... 7

Chapter 6 .... Becoming a Candidate " What to File .

..... '"""""' """"''"""'" ""'""""'"""""'""""""' """'"""""" ""'"'"10

__ _ __ Filing Officer - --- Resign~to-:~urf -:-- -~ - :.---

Changing Parties for Partisan Offices -- --changing the-Designation of Office - -

Pro Rata Refund Example

10 11

- -11--11 12-12

Chapter 7 ,__ Prohibited ACts , .. .... """ ... ,, , , .... "'""'"'"'""'""" """ """'""""'""'""""'""""'"""'"'"" .. 13:~----Speaking at Political Meetings .. Using State .. owned Aircraft or Motor Vehicle "" . . . "" . Using Services of State, County, Municipal, or District Officers or Employees Making Contributions in the Name of Another "" Solicitation from Religious, Charitable and Civic Organizations Accepting Contributions in a Government-Owned Building Making Malicious Statements Certifying a False Report., . Limitations on Political Activity for Judicial Candidates

13 13 13 13 13 14 14 14 14

Chapter 8- Campaign Treasurers .. """" ........... """""""" ......... ,, ...... """"" ... , ,, "'"""" ,,.,,, ...... , .. ,16 Appointing Campaign Treasurers and Deputy Campaign Treasurers 16 Duties and Responsibilities 16 Resignation or Removal 17

Chapter 9 ..... Campaign Depositories ... . '" """""""'""'"""" '""''"'""""' """"" """ "" '""'"""" '""" ,, '" .19 Primary Campaign Depository Secondary Campaign Depository , , "" , Separate Interest-Bearing Accounts and Certificates of Deposit Campaign Checks Debit Cards Credit Cards

Chapter 10- Contributions""""' ... Unauthorized Contributions Anonymous Contributions In-Kind Contributions Loans"" Cash Contributions . Debit and Credit Card Contributions

' " ". "" "' ' ..... '"' '" """"'.'.'" . ' ' .. ,, """ .•.

19 19 20 20 21 21

,,,,,,22 22 22 23 23 23 24

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Contribution Limits for Candidates. . ... 2008 Deadlines for Accepting Contributions Violations

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. 24 25 26

Chapter 11 ..... Expenditures .. ,,, ,, .... ,. .... .. .. ..... , ,,. .. ,,. ....... . ... .. . ....... , , , ................ , , ..... ......... 27 Petty Cash Funds 28 Independent Expenditures 28 Credit Cards 29 Debit Cards 30 Electioneering Communications 31

Chapter 12- Political Advertising ... , ....... , ""'" ""'"'""" """""" '""' , ..... ,.32 Candidate Disclaimers. , Non--incumbent Advertisements Other Disclaimers. . .. . .. .. Disclaimers for Other Than Independent Expenditures Independent Expenditure Disclaimers Disclaimers on Novelty Items Language Other Than English .. . . Electioneering Communications Disclaimers . .. .. . Use of Closed Captioning and Descriptive Narrative in all Television Broadcasts Other Political Disclaimer Examples

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Chapter 13- Fund Raisers.. ...... .. ""' .. , ,, , ,, ..... " .. Contributions from Fund Raisers

· Expenditures forFund-Raisers·· Tickets and Advertising___

32 33 34 35 35 36 36 36 37 .37

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""""""39 39 ....... 39 39

Chapter 14- Solicitation ... ,, . "" ""'"' "' "" . ""'""""" '"' .... '"" """ "'"'"""". ""' " ""' "" .40 Telephone Solicitation .. Telephone Solicitation, Registered Agent

40 41

Chapter 15-Filing Campaign Reports ... """"""""'"' """""'"'""""'"'""""'"' """ '"' '"'"' """'"" .. . 42 Where to File When to File ... Penalty for Late Filing Waiver of Report . Incomplete Reports Reporting Total Sums Reporting Contributions Returning Contributions Reporting Expenditures . Special Requirements for Judicial Candidates

42 42 43 43 43 43 43 44 44 45

Chapter 16 -·Termination Reports .... ,,,,, "'""" .... ,, Prior to Disposing of Surplus Funds

...... """"'"" '""""" .. ""'""" "' ... '" ,,,46

Disposing of Surplus Funds , . , Money from Separate Interest-Bearing Account or Certificate of Deposit Campaign Loans Report

Chapter 17- Electronic Filing of Campaign Reports . ... Accessing the EFS Creating Reports Submitting Reports Electrpnic Receipt

Chapter 18- Office Accounts Using the Office Account .. Reporting Office Account Funds

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46 46 47 47

. ........ ,., ""'" 49 49 49 49 50

.. ' "' .... ,. " . 51 51 52

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Chapter 19- Recordkeeping, Receipt and Inspection , Contributions · Expenditures .... Preservation of Accounts Inspections

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'"' " .•. ., .. '"" """

53 53 54 54

''"''"'''"""""""""'",.,55 Chapter 20 -·Bookkeeping Suggestions ...

Chapter 21 ·- Frequently Asked Questions .. ""' '""'"" '"""""" '"'""""""""""""""""'"""56 Candidates , Campaign Advertising Campaign Finance

Chapter 22 _,.Florida Elections Commission,,, ..... , ,, Automatic Fine Appeal Process Complaint Process

56 57 58

"""'""62 62 62

Chapter 23- Florida Supervisors of Elections,., , ..... , , ,.,,,, ,,, .. , ,, " , .. 63

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Reporting Office Account Funds

A candidate is required to file a report on the 10th day following the end of each calendar quarter following the 90-day termination report until the office account is closed by filing:

1 Form OS-DE 48, Office Account Report, and

2 Form OS-DE 48A, Office Account Disbursement or Deposit Information

Upon leaving office, any person who has funds in an office account shall give such funds to:

A charitable organization or organizations that meet the requirements of Section 501(c)(3) of the Internal Revenue Code; or,

2 In the case of a state officer, to the state to be deposited in the General Revenue Fund; or,

3 In the case of an officer of a political subdivision, to the political subdivision to be deposited in the general fund thereof

-- · - -- Suetrreports-·sh"all-b"e signed by· the candidate, certified as true-and correct and-filed-with-the~ ---- - -- ---- - ~ - - -officer before whom campaign reports were filed

--- --- ---- -- -- --- ----- """(Secliori ·106141(5)and{B), FS, and DivislonofEirictionf!OpinJon-o6:04) - ·· -------

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FLORIDA ELECTIONS COMMISSION 107 W. Gaines Street

Collins Building, Suite 224 Tallahassee, Florida 32399-1050

(850) 922-4539

December 7, 2012

CERTIFIED MAIL: 70041160000491862135

The Honorable Reginald N Fullwood 2232 Ribault Scenic Drive Jacksonville, Florida 32208

...... ~············ .... RE: .. Case.No.:.EEC.Jl-.0~$; u .. ~~9; IIJ!.<U~-on .

....... ...... .... .. DearRepresentative.Eullwo.od: ... .

The Florida Elections Commission at its last regularly scheduled meeting considered this case arid issued the oidei that is ell. dosed with this letter. Please rea:d~tlie order carefiill"y~~ As the Respondent, you rue entitled to a heruing The Order of Probable Cause will explain in detail how you obtain a heruing.

If you prefer to enter into a consent order, please contact me at the telephone number or address listed above and I will attempt to reach an agreement with you

Since the Commission has determined probable cause, Section 106 25, Florida Statutes, provides that all investigative reports and other documents related to this case ar·e no longer confidential

Please let me know if you have any questions.

Si//)(/;:;?)

~~--£-1~e:-.. ~:;,. Wayne L Rubinas Executive Director

Enclosures: Order of Probable Cause and Staff Recommendation

cc: Division of Elections, Complain~t!Filing Officer w/enclosures

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12 fiFJ' - 7 P" '"' r1/2:33 Florida Elections Commission,

Petitioner,

v. Agency Case No.: FEC 12-027

Reginald N. Fullwood, Respondent.

_____________________________ !

ORDER OF PROBABLE CAUSE

THIS CAUSE came on to be heard before the Florida Elections Commission at its

meeting held on November 15, 2012, in Tallahassee, Florida

The Collliilission has revie':"edthe __ Colllplaint~ Repent of Investigation, Staff

_ . Rec_ommendation, _all documents submitted by the Respondent, any tel evant documents, and

the Staff Recommendation, which is incorporated herein and attached to this order, the

Commission finds that there is pwbable cause that Respondent committed one count of violating

Chapter 106, Florida Statutes:

Count 1:

On or about October 10, 2011, Respondent violated Section 106141 (8), Florida Statutes, when he failed to timely file his 2011 Q3 Office Account Report disclosing the disbursements of funds made from his office account and all refunds and reimbursements received by Respondent


im Holladay, Chairman Florida Elections Commission

1/ As the Respondent, you may elect to resolve this case in seveia! ways. First, you may elect to resolve this case by consent order where you and Commission staff agree to resolve the violations and agree to the amount of the fine The agreed to consent order is then presented to the Commission fen its appwvaL I o discuss a consent order, contact the attomey who signed the Staff Recommendation attached to the Order of Probable Cause

Second, you may request an infmmal hearing held before the Commission, if you do not dispute any material fact in the Staff Recommendation You have 30 days from the date of the Order of Probable Cause to request such a hearing At the hearing, you will have the right to make written or oral arguments to the Commission conceming the legal issues related to the violations and the potential fine At the request of Respondent, the Commission will consider and determine willfulness at an informal hearing Otherwise, live witness testimony is unnecessary.

Third, you may request a formal hearing held before an administrative lawjudge in the Division of Administrative Hearings (DOAH), if you dispute any material fact in the Staff Recommendation You have 30 days from the date of the Order of Probable Cause to request such a hearing At the hearing, you will have the right to present evidence relevant to the violation(s) listed in this order, to cross-examine opposing witnesses, to impeach any witness, andto·rebutthe evidence presented against you.

It YQllcl<L!l!lt<llt)ct to resolve the case by co11sent order or request a formal hearing at the DOAH or an informal hearing before the Commission within 30 days of the date of this Order of

~~~.BrobablecGause,-theceasecwiH-be-senHocthe-Gommission-and~you-will-be-entitled-to·a-formal-or-~~-.. ~·~ informal hearing

To request a hearing, please send a written request to the Commission Clerk, Donna Amr Malphurs.. The address of the Commission Clerk is I 07 W Gaines Street, Collins Building, Suite 224, I allahassee, Florida 32399-1050.. The telephone number is (850) 922-4539 The Clerk will provide you with a copy of Chapter 28-106, Florida Administrative Code, and other applicable rules upon request No mediation is available ..

Copies furnished to:

Jacqueline Davison, Assistant Genera! Counsel Reginald N Fullwood, Respondent (certified mail) Kristi Reid Bronson, Filing Officer

Attachment: Staff Recommendation

/

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In Re: Reginald N. Fullwood Case No.: FEC 12-027

--·· .. ··-··-·····-·---------'' STAFF RECOMMENDATION FOLLOWING INVESTIGATIO~

Pursuant to section 106.25(4)(c), Florida Statutes, undetsigned staff counsel files this Wiitten recommendation fot disposition of the xefenal in this case reconunending that thete is probable cause to charge Respondent with violating Section 106.141(8), Florida Statutes Based upon a thorough teview of the Repoxt of Investigation submitted on Aptil 20, 2012, the following facts and law support this staff reconunendation:

I On February 10, 2012, the Floiida Elections Commission received a refenal from the Department of State, Division of Elections ("Division"), alleging that Reginald N Fullwood ("Respondent") violated Chaptex 106, Flotida Statutes

2 Respondent is the State Representative fox District 15 He was elected in 2Q1 0 ..

3 By lettex dated March 9, 2012, the Executive Direct01 notified Respondent that Commission staff woulainvestigatethe-followmg-statutoryprovisions:

Section 106.141(8), Florida Statutes: Reggie Fullwood, candidate for State Representative, District 15, failed to file his 2011 Q'3 Office Account repott, as alleged in the refenal from the Division of Elections

4 On January 10, 2009, in his statement of candidate xequited by Section 106.023 of the Florida Statutes, Respondent affirmed that he received, read, and undexstood the requirements of Chaptei 106, Florida Statutes (ROI Exhibit 14)

5 On Febxuary '3, 2009, Kristi Reid Bwnson, Chief, Bureau of Election Records; Division of Elections, advised Respondent that all of the Division's publications and repoxting fotms were on its website and directed Respondent to ptint out the Candidate and Campaign Treasure! Handbook (June 2008 edition) ("Handbook") as well as other documents (ROI Exhibit 10) ..

6 The June 2008 Handbook states that "[a] candidate is xequired to file a repoxt on the IO<h day following the end of each calendai quarter following the 90 .. day termination report until the office account is closed " (Attachment "A")

Staff· Recommendation FEC 12·.027 1

/

\. /

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7. Respondent's QI Office Account Report reflected a balance of $37.25.. (ROI Exhibit 6) I

8 By letters dated October 13, 2011, October 26, 2011, and December 16, 2011, Ms Bronson informed Respondent that Respondent's Q'3 Office Account Report, due on October 10, 2011, had not been filed. (ROI Exhibits 1 & 4/

9 Despite receiving three written notices, as of June 1, 2012, Respondent's 2011 Office Account Report has still not been filed

1 0.. "PIObable Cause" is defined as reasonable ground of suspicion supported by circumstances sufficiently strong to wan ant a cautious person in the belief that the person has committed the offense chruged Schmitt v State, 590 So 2d 404, 409 (Fla 1991) Probable cause exists where the facts and circumstances, of which an [investigator] has reasonably trustworthy information, rue sufficient in themselves for a reasonable man to reach the conclusion that an offense has been committed Department of Highway Safety and Motor Vehicles v Favino, 667 So2d 305, '309 (Fla .. 1" DCA 1995) ·

n · ·· · The·facts set forth above·showthat·Respondent is·a·StateRepresentative from. District 15 Respondent failed to file his Q3 Office Account Report on October 10, 2011 By

·· ·letters dated Octol5et13; 2011, October 26, 2011, and December ··16; 2011; the Division·notified~~~~~~R""e~sr:>ondent that he was required to file his Q3 Office Account Report Despite receiving these

· three letteis from the Division;as·Of Jurte r, 20T2,tneR:espondentlias Iai1ed·unire·ninepor··<c .,~ .. ~~~~~

Based upon these facts and chcumstances, I 1 ecommend that the Commission find probable cause to chruge Respondent with violating the following:

Count 1:

On or about October 10, 2011, Respondent violated Section 106141(8), Floiida Statutes, when he failed to timely file his 2011 Q3 Office Account Report disclosing the disbursements of funds made fiom his office account and all refunds and reimbursements received by Respondent

--··---1 Respondent also failed to file his Q2 Office Account Report, due on July 10, 2011 However, this issue is addressed in FEC 11-299 2 The Report of Investigation is referred to herein as "ROl "

Staff Recommendation FEC 12··027 2

---- ------ ----- -- -- - ----------- --- ----- -----------·

( (

Respectfully submitted on June JL 2012,

-·-·---~-1:-ll+::--·"··-·--··-·--·---··"-Jacqueline Assistant Ge

..... I reviewed this Staff Recommendation this _jl_ day of June 2012

Staff' Recommendation FEC 12-027 3

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CANDIDATE ······AN-D

... CAMPAIGN TREASURER HANDBOOK

June 2008


RA Gray Building, Room 316 500 South Bronough Street

Tallahassee, Florida 32399-0250 Phone: 850 245 6240

(

Table of Contents

Chapter 1 - Explanation... . .. ..... ... • ... '"' " .. ""'" ...................... "' "" '"""' 1

Chapter 2 -The Campaign Financing Act.... .. ... .. , ......... . . ...... 2

Chapter 3 ·-Offices Up For Election .. .. .... .. . . .. ....... ,,,, 3 Federal Offices. ... 3 Multicounty and District Offices 3 County Offices. .. 3 Judicial Retention (Nonpartisan) 3 Circuit Judges (Nonpartisan) 3 County Court Judges (Nonpartisan} 3

Chapter 4-- Dates to Remember ................................... , ... , ...................................................... .4

Chapter 5 ·-·Glossary ofTerms ................................... .. """ ... """"""" ""'"'"""' ......... 7

Chapter 6-- Becoming a Candidate ................................................................................................ 10 What to File 1 0 Filing Officer 11

. . Resign=tO=RUO.. . ...................... · .. ·· ,... 11 Changing Parties for Partisan Offices ·rr Changing the Designation of Office 12 ·ProRafa ~efuna·exiol'mple ··· · -12

·~~~.~ ...... cha~~~t~~~f~~~m~~M:e~~~9~ ......... : ....... w ••.. ··············~,_ ......................................... g;~ .. ~. ~~~~ Using State-Owned Aircraft or Motor Vehicle .. . . . .. .. .. . 13 Using Services of State, County, Municipal, or District Officers or Employees 13 Making Contributions in the Name of Another .. .. 13 Solicitation from Religious, Charitable and Civic Organizations 13 Accepting Contributions in a Government-Owned Building 14 Making Malicious Statements 14 Certifying a False Report.. . 14 Limitations on Political Activity for Judicial Candidates 14

Chapter 8- Campaign Treasurers ................................................. . Appointing Campaign Treasurers and Deputy Campaign Treasurers Duties and Responsibilities Resignation or Removal

................. ' ................ 16 16 16 17

Chapter 9 .... Campaign Depositories ... '" ......... '" ............................. "' .............. "' .19 Primary Campaign Depository Secondary Campaign Depository . . .. . . . Separate Interest-Bearing Accounts and Certificates of Deposit Campaign Checks Debit Cards Credit Cards

19 19 20 20 21 21

Chapter 10 ·-Contributions......... . ........... .. ' """ " ... "" " .... ' .... " " .. '"'"'""" "' ...... "' """ ... ' .... 22 Unauthorized Contributions Anonymous Contributions In-Kind Contributions Loans .. Cash Contributions Debit and Credit Card Contributions.

22 22 23 23 23 24

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Contribution Limits for Candidates. . .. 2008 Deadlines for Accepting Contributions Violations

/ I

Chapter11 ··-Expenditures ..... , ................................................................... . Petty Cash Funds Independent Expenditures Credit Cards Debit Cards . Electioneering Communications

Chapter 12 - Political Advertising., Candidate Disclaimers . Non-incumbent Advertisements

'"" "'"'' ••• , '""' """" ...... ""' ll• .... "'' '" •• '"" •• ,. '

Other Disclaimers. ... .. .. Disclaimers for Other Than Independent Expenditures Independent Expenditure Disclaimers Disclaimers on Novelty Items Language Other Than English .. . . Electioneering Communications Disclaimers . . . ... . .. . Use of Closed Captioning and Descriptive Narrative in all Television Broadcasts Other Political Disclaimer Examples

24 .25 26

.. .. , .. 2'7 28 28 29 30 31

•. 32 32 33 34 35 35 36 36 36 37 37

··· ·· ··Chapter 13 .. -·Fund Raisers •. ··'·''''·'''·· ,,,,.,, ··•· ···"····· ........................................ , ................. , ....... 39 .. . Contributions from Fund Raisers 39

.... -- Expenditures for .. J=und.Raisers 39 Tickets and Advertising ··· · · ·· · --39

-~~~~·ch·apte-r-1<1- Solicitation ,, ..... c:. ·=•·•·""• •. c;;,,c::,,,:c;,.,o=,,oc, ,-;;;,, ,;-;;,,c,:c .. c-. ;;;-;,-;;;,.,oo; .. ,'"'·"··""··""·"",.."'"''"~" =· .. = .. =· .. = .... = .. =· ............ , ............ m •••• 40~~~~~ 40 41

Telephone Solicitation .. Telephone Solicitation, Registered Agent

Chapter 15-Filing Campaign Reports ..................... , .............................................................. 42 Where to File · 42 When to File .... 42 Penalty for Late Filing 43 Waiver of Report . 43 Incomplete Reports 43 Reporting Total Sums 43 Reporting Contributions 43 Returning Contributions 44 Reporting Expenditures 44 Special Requirements for Judicial Candidates 45

Chapter 16 -·Termination Reports..................... ....... .. .................................. , ..... 46 Prior to Disposing of Surplus Funds 46 Disposing of Surplus Funds . 46 Money from Separate Interest-Bearing Account or Certificate of Deposit 47 Campaign L.oans Report 47

Chapter 17- Electronic Filing of Campaign Reports ............. , ..................... , . Accessing the EFS Creating Reports Submitting Reports Electronic Receipt

Chapter 18- Office Accounts . Using the Office Account .... Reporting Office Account Funds

''''"''"'"'"'""""' """"'''"' '"""'"'''

II

, .. 49 49 49 49 50

.51 51 52

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' I

Chapter 19- Record keeping, Receipt and Inspection,, ... , ........ ., .• , •. • ,, Contrtbutions ·

'"""'""''"53 53 53 54 54

Expenditures . , Preservation of Accounts Inspections

• ""'"""' """'""""" .. 55 Chapter 20 -·Bookkeeping Suggestions ,

Chapter 21 ·- Frequently Asked Questions. '""""'' ""'"' '"' """""" ' """'""' ""'"'",, .. ,56 Candidates . .. Campaign Advertising Campaign Finance

Chapter 22-- Florida Elections Commission .... ,. , ,, , , ... . , ,, Automatic Fine Appeal Process Complaint Process

Chapter 23- Florida Supervisors of Elections.,,

Ill

,, '"'''"'"''"""''"

56 57 58

""""''""62 62 62

,,, .63

( ( ,· I


A candidate is required to file a report on the 1 o"' day following the end of each calendar quarter following the 90-day termination report until the office account is closed by filing:




1 A charitable organization or organizations that meet the requirements of Section 501(c)(3) of the Internal Revenue Code; or,



$_ugh_r§>pO[l§ §h.?ll pe ~igj1ed_ by the c:an<:lidate, certified as true and. correct and filed with the officer before whom campaign reports were filed ·· · ···· ·· · ·· ·· ·· · · · · ·

(Section 106 .14'1 (5) and C8), E S , and Oiv)sionoUEl~ctionsQpinl911Q§:Q4) _ .

52

; ( ' ',


In Re: Reginald N. Fullwood · Case No.: FEC 11-098

----·--------,------------'/ FEC 11-299 FEC 12-027

NOTICE OF PROBABLE CAUSE HEARING

TO: The Honorable Reginald N. Fullwood 2232 Ribault Scenic Drive Jacksonville, Florida 32208

Ms Kristi Reid Bronson Division of Elections 500SouthBronoughStreet, Room 316

. _ _ _TallilJ!.~(':i,_F'lor!@~32~.2g$>.k~Q . c,-. .; .. c·, •. ·. ··.--'---'----. _. ····- --- -

-·-- -:J>.LEASE~TAKJ!LNOl'ICE.illi~.()Ji'.&oYember15,20'12, ai9:ooa.m .. orthereafteusthe_ . _ __ _ parties can be heard, the Florida Elections Commission will bring.on.to,beheard whether there is

-~il----.p=rob-ab1e-c·ause-'th1lt"Respnrl"dentviotatei:t-acprovisrorrcrf'I'hecFlorir:la"--:&leetiono@ode;-c-1'hvec------~-+--Commission shall meet at: Senate Office Building, 404 Soutli Monroe .Street, Room TBA (call850-922-4539 on November 13,2012 to verify Room Number), Tallahassee, Florida 32399-6526.

Respondent and staff shall each have time to make a brief oral argument to the Commission before it determines probable cause Complainant will be permitted to attend the probable cause hearing Failure to appear in accordance 'with this notice will constitute a waiver of oral argument and the Commission wi1Ldec,i4e this. matter on the record before it Convenience of location is. not a basis for conti.nuing oi.postponing the hearing. Please note that this matter may not be .. addressed individually iud.it macy be voted on en masse by the Commission. See reverse side for additional instructions.

If you require an accommodation due to a disability, contact Donna Ann Malphurs, Commission Clerk, Florid.a Elections Commission, at (850) 922-4539 or at 107 W Gaines Street, The Collins Building, Suite 224, Tallahassee, Florida, at least 5 days before the hearing


Dated on October 2-q , 2012 ..

Eric M. Lipman Interim Executive Director

HeaO 12 (8/08)

,.--·----------·1,

INSTRUCTIONS FOR PROBABLE CAUSE HEARING

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 on this notice. Please note that this matter may not be addressed individually and it may be voted on en masse by the Commission.

At the probable cause hearing, the Florida Elections Commission will decide whether there is probable cause to believe that Respondent has violated one or more provisions of The Florida Election Code ..

Respondent, each Complainant, and their counsel are permitted to attend the probable cause hearing.

The hearing will be conducted pursuant to Section 106 25, Florida Statutes; Chapter 28, Florida Administrative Code, the Uniform Rules of Procedures; and Commission Rule 10027, Florida Administrative Code

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

Before making a decision on probable cause, the Commission will review the complaint, the Report of Investigation, the Staff Recommendation,. ail.y written responses submitted by Respondent, all relevant documents, and any oral statementsni.ade byRespondent and staff at the pr:obable cause hearing .

. . ..... . ...... Wh~nyour_c_as~js: ~~led, the Chair \¥ill read abriefstatem~nLaJ:J.4Inay ask Respondent, Complainant, and their attorneys, if an attorney is present, to s.tate their names for the record

I

· · · - Staffwiilthen have time to summarize the. case and make a recommendation to the Commission on pmbable · - · ··-· -cause After staff's presentation, if the Respondent is present he or she will have time to make a statement to

~11~~~tlie CommiSSion m the na1:1lre0f an oral argill:Uenc--~-------------------·---------------. -.-.. -. · -. -

Pursuant to Section 106 25(4), Florida Statutes, Respondent's statement should explain how the staff erred in applying the law to the facts enumerated in the Staff Recommendation. Respondent may not testify or call others to testify or introduce any documentary or other evidence at the probable cause hearing

At the probable cause hear-ing, the Commission is not deciding whether Respondent has violated a provision of The Florida Election Code or the amount of the fine The Commission is only deciding whether Respondent should be charged with violating a provision of the election code Before the Commission determines whether a violation has occurred or a fine should be imposed, Respondent will have an opportunity for a second hearing, where Respondent may testify, call others to testify on his or her behalf~ and introduce documentary or other evidence that shows Respondent did not commit the violations charged ..

After the presentations are concluded, the Commissioners will discuss the case and may ask questions of Respondent and staff The Commission's decision on probable cause will be made by a majority vote of those members present and voting.

After the Commission decides whether there is <Dr is not probable cause to believe that Respondent violated a provision of the election code, the case will become public In some cases, the Commission may not make a decision, such as when further investigation is 01dered If the Commission does not make a decision on probable cause, the case will remain confidential, unless confidentiality has been waived.

After the Commission meeting, the Commission will send Respondent and Complainant a written order reflecting the Commission's decision on probable cause If the Commission finds no probable cause, the case will b~ dismissed If the Commission finds probable cause, Respondent will receive instructions on how to either settlement the matter or select a hearing before the Commission 01 the Division of Administrative Hearings . These hearings will determine whether a violation has occurred and whether a fine should be imposed.

If Respondent has not received the Staff Recommendation or if you have any questions about the procedures for the probable cause hearing, please contact Donna Malphurs at (850) 922-4539.

HeaO 12 (8/08)


In Re: Reginald N. Fullwood

----------------------------~/ Case No.: FEC 11-098

FEC 11-299 FEC 12-027

NOTICE OF PROBABLE CAUSE HEARING

TO: The Honorable Reginald N. Fullwood 2232 Ribault Scenic Drive Jacksonville, Florida32208

Ms KIisti Reid Bronson

Division of Electio!l§. :;ii;i. ' .•.. , .. ; •. , . 50Q..~outh Brono~~;.~t];iffii~k~~~m 316

···:fl;llHili.assee, Flol1da323QQtt.Q.~ilffi.Qi .,,',,' """ ,,', '+ n·;··[i·.I;j·,II;!.!i:lill·;'·;;

'" "", , " , ' " ", ,1;ij;,i;ii!: i,:;:I;:,:,",' ': ' . " ',', " ';>::':;:::"; " ' rLEASE!TA:KEf,NOTIcEtff~~il~i1iNovember 15,20ji2~i:;~Vi'9:QQ a.m ... or thereafter as the

partiescMr,oe heard, thiii'Plor1daElections Commission: .wilLbring on: to be;Ifi.~ard whether there is probable causei~atR~sJ;Jondent vi6late4 aprovision of TheFlo~i~f!;,~Iectione0de The CoIlll¥is.sion shanmee~~f: Senate Office Building,404 Soutfi)\'l['ollloe Street, Room TBA (call 850-922-4539 on Ndvtiniber 13,2012 to veI'i(y Room Number), Tallahassee, Florida 32399-6526.

Respondent aIId staff shall each have time to make a brief oral argument to the Commissi9n before it determines probable cause COIIlJ;Jlainant will be permitted to attend the probablecitusefi.~aring. Failuie,to;appear in accordan,c~iiwi:tl1this notice will constitute a waiver of oral argumerttan,ci •. the . Commissi0ri'';Yill . decideitJ:li'~.~;atter ont.he record before it Conveniel,1ce oflocation1iisnot a basis for cOritlrmi!l;g.Pl postporting. the hearing. Please note that this matter may not. be addressed ipdividuallyitn.diit IIlay be voted on en masse by the Commission See reverse side foraddinonal instnicti~ris.

If you requiIe an accommodation due to a disability, contact Donna Ann Malphms, Commission Clerk, Florida Elections Commission, at (850) 922-4539 or at 107 W Gaines Street, The Collins Building, Suite 22.4, Tallahassee, FI()rida, at least 5 days before the hearing.

PLEASE GOVERN YOURSELF ACCORDIN(;LY.

Dated on October 2-q, 2012 ..

Eric M Lipman Interim Executive Director

Hea012 (8/08)

INSTRUCTIONS FOR PROBABLE CAUSE HEARING

Please be advised that other cases have been scheduled for the same time. Therefor e, your case may not be called exactly at the time set forth on this notice, Please note that this matter may not be addressed individually and it may be voted on en masse by the Commission.

At the plObable cause heating, the FlOlida Elections Commission will decide whether there is probable cause to believe that Respondent has violated one or more provisions of The Florida Election Code

Respondent, each Complainant, and their counsel ate permitted to attend the probable cause heating

The heating will be conducted pursuant to Section 10625, Florida Statutes; Chapter 28, Florida Administrative Code, the Uniform Rules of Procedures; and Commission Rule I 0027, Florida Administrative Code,

The Commission will electronically record the meeting, Although the Commission's recording is considered the official record of the hearing, the Respondent, at his or her own expense, may provide a certified COUlt reporter also to reco,rd thehearing,' ,iF

Before making a debisjon ol"l"probabk'cahse, the Commissi6n will review the complaint, the Report of Investigation, the Staff ReCOrrlrnendatlQrHii,any written responses submitted by Respondent, all relevant documents, aild any oral ,statement~:!inade ]jy('Respondentandsta~!;at the prpbable cause heating

" ':;'(;'''-', "~:',:i1r:;(S', ,": ';";!>:::\:"'''' ;" ," When yOUl caseiscaJled, the Chairwi,tlteadiliiorief stateme~tancflm!ilY ask'1,\espondent, Complainant, and their attorneys, if an attorney is present, to state their names foIt4e reco1'<d ' ,

Staff will then have time tOl.summarizethe case and make a recommendation to the Commission on probable cause After staff's presentation, ifthe Respondent is present he 01 shewill have time to make a statement to the Commission in the natureofan OIal argument

Pursuant to Sec'til:iu,r06 25'~':!a;FlbridaSt~tutes,Respondent's statementshouldlexplain how the staff erred in applying the lawiJ,othe facIsdenumerated in the;,S.taff Reconmiendatid)'l Respondent may not testify or call others to testify or introduce any documentary orother evidence at the probable cause hearing,

At the probable cause hearing, the Commission is not deciding whether Respondent has violated a provision of The Florida Election Code or the amount of the fine The Commission is only deciding whether Respondent should be charged with violating a provision of the ele,ction code, Before the Commission determines whether a violation has occurred or a fine shoul<d be imposed, Respondent will have an opportunity for a second hearing, where Respon,dent may testify, caUothers to testify on his or her behalf, and introduce documentary, or other eVidence tha~,showsReSRondent did not commit the violations charged

After the presentations arl~onc1ude{the Co~~sione;s:I~i11 discu~s the case and may ask questions of Respondent and staff The Commission's deci'S'ionon proBable cause will be made by a majority vote of those members presentall:Cl voting" "

After the Commission decides wh~tlier there is 1.01 is not probable cause to believe that Respondent violated a plOvision of the election code, the case will become public ' In some cases, the Commission may not make a decision, such as when further investigatiilnis ordered If the Commission does not make a decision on plObable cause, the case will remain confidential, unless confidentiality has,been waived

After the Commission meeting, the Commission will send Respondent and Complainant a written order reflecting the Commission's decision on probable cause If the Commission finds no probable cause, the case will be dismissed If the Commission finds probable cause, Respondent will receive instructions on how to either settlement the matter or select a hearing before the Commission Or the Division of Administrative Hearings .. These hearings will determine whether a violation has occurred and whether a fine should be imposed

If Respondent has not received the Staff Recommendation or if you have any questions about the procedures for the probable cause hearing, please contact Donna Malphurs at (850) 922-4539"

HeaO 12 (8/08)

FLORIDA ELECTIONS COMMISSION 107 W, Gaines Street

Collins Building, Suite 224 Tallahassee, Florida 32399-1050

(850) 922-4539

The Honorable Reginald N "Reggie" Fullwood 2232 Ribault Scenic Drive Jacksonville, Florida 32208

RE: Case No.: FEC 11-098; 11-299; and 12-027

Dear Representative Fullwood:

The Florida Elections Commission at its last regularly scheduled meeting considered the above referenced case and issued the order that is enclosed,

Please let me know if you have any questions

Sincerely,

Eric M Lipman Interim Executive Director

Enclosure: Order

Ord020 (! 1199)

(


In Re: Reginald N. "Reggie" Fullwood CASE No.: FEC 12-027 ________________________ ~I

ORDER CONTINUING CASE

THIS CAUSE was scheduled to be heard before the Florida Elections

Commission at its regularly scheduled meeting held on August 14, 2012, in

Tallahassee, Florida

The Commission was unable to hear this case at its meeting.

Therefore, it is

ORDERED and ADJUDGED that the case is continued until its next

meeting on November 14 & 15,2012, in Tallahassee, Florida.


7/&Jtr St /1 ,2012

Copies fumished to:

Jacqueline Davison, Assistant General Counsel Reginald N. "Reggie" Fullwood, Respondent

Ord005 (3/09)

, I



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

MOTION TO APPROVE QUALIFIED REPRESENTATIVE

COMES NOW, staff, FLQRIDA ELECTIONS COMMISSION ("Commission"), by and

through its undersigned counsel, pursuant to Rule 28-106106, Florida Administrative Code, and

files its Motion to Approve Adam Wright as a Qualified Representative to assist in representing the

FlOlida Elections Commission in the above referenced matter. In SUppOlt of its motion, staff states

as follows:

1. It is staffs recommendation that the Commission find probable cause in this matter.

Mr Fullwood is not cUlrently represented by counsel

2 Adam Wright has been working as a legal intern with the Florida Elections

Commission from May 2011 to the present. The Commission is aware ofthe legal services that Mr

Wright can provide in addition to the legal services of the undersigned attorney

3 Mr. Wright is qualified to represent the staff in this manner and staff agrees to have

him present the case to the Commission

4 Mr Wright's qualifications to be a Personal Representative for the Commission in the

above case are attached hereto as Exhibit "A"

5.. Mr. Wright will work with, and under, the direction ofthe undersigned attorney

dUling his representation ofthe Commission in these matters

6. Efforts to contact Mr .. Fullwood regarding this motion were unsuccessful

WHEREFORE, staff requests that the Commission allow Mr .. Adam Wright represent it in

(

the above I eferenced manner.

Respectfully submitted,

Jacquelin .. Davison, Asst General Counsel FlOIida Ba Number 92335 FlOIida Elections Commission 107 West Gaines Street, Suite 224 I allahassee, FL 32399-1050 Phone: (850) 922-4539 Fax: (850) 921-0783

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a hue and cOllect copy has been provided via U.S mail to

Reginald N. Fullwood, Respondent, at 2232 Ribault Scenic DIive, Tacksonville, FloIida 32208; this

2nd day of August 2012

" I.

AFFIDAVIT OF ADAM DAVID WRIGHT

Adam David Wr ight, being dnly sworn, affirms the following:

I. Ihis affidavit is made upon my personal knowledge

2. I am of legal age and competent to testify to the matters stated herein. I am currently employed

by the Florida Elections Commission as a legal intern. Since May 2012, I have been working under the

supervision of the Commission's General Counsel and Assistant General Counsel

.3 I have completed my first and second years of law school at the I emple University Beasley

School of law in Philadelphia, Pennsylvania.. My coursework has included Evidence, Trial Advocacy I

and II, Civil Procedure I and II, Administrative law, Consumer Law and Litigation, Professional

Responsibility, Criminal Procedure, Criminal Law, Federal Criminal Law, Contracts, Constitutional law,

and Litigation Basics. I have participated in Iemple Law's Integrated Trial Advocacy Program and have

earned Distinguished Class Performance awards in Evidence, lrial Advocacy I, and Irial Advocacy II.

My anticipated graduation date is May 2013

4 During the summer and Fall Semester of 2011, I was employed by the Philadelphia District

Attorney's Office as a legal intern While interning at the Office, I per formed legal research for Assistant

District Attorneys assigned to the Special Investigations Unit, assisted in the preparation of police

shooting memoranda, engaged in court observation, and prepared memoranda concerning criminal

procedure and admissibility of evidence

5. In 2007, I received a Master of Science degree in Communication and a Certificate in Prqject

Management from the Florida State University. In 2005, I received a Bachelor of Science degree in

Communication, Cum Laude, with a m~jor in Advertising and minors in Business and Psychology from

the Florida State University

Inv047 (6/08)

I HEREBY SWEAR OR AFFIRM lHAI IHE FOREGOING INFORMATION IS IRUE AND CORRECI IO IHE BES I OF MY KNOWLEDGE,

1nv047 (6/08)

Sworn to (or affirmed) and subscribed before me this Q f\tQ. day of

Go~ ,2012

\k-Print, Iypc, or Stamp Commissioned Name of Notary Public

,*-;r.\:~ DONNA ANN MALPHURS .:/'i/i.\i', Commission # EE 150076 ~~;~:~J Expires November 30,2015

"~;,'iFt~~-' flo.flded ThnI Troy Fein Irrsutar10e tJOO$S.70f9

Personally Known / or Produced Identification ___ _

Type of Identification Produced: __________ _

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In Re: Reginald N. "Reggie" Fullwood Case No": FEC 12-027

--------------------------------~I NOTICE OF PROBABLE CAUSE HEARING

TO: The Honorable Reginald N "Reggie" Fullwood 2232 Ribault Scenic Drive Jacksonville, Florida 32208

KIisti Reid Bronson Division of Elections 500 South BronoughStreet, Room316 Tallahassee, Florida 32399

PLEASE TAKE NOTICE that on August 14,20I2,at 1 :30p.ni. or thereafter as the parties can. be. heaid,the Florida EiectionsCommission willbting 0ll to be heard whether there is probable cause that Respondent violated a provision of The Florida Election Code The Commission shall meet at: Senate Office Building, 404 South Monroe Street, Room S401, Tallahassee, Florida 32399-6526.

Respondentancl staff shall each have tirne to make a brief mal argument to the Commission before it determines probable cause Complainant will.be permitted to attend the probable cause hearing. Failure to appear in accordance with this notice will constitute a waiver of oral argument and the Commission will decide this matter on the record before it. Convenience of location is not a basis for continuing or postponing the hearing. Please note that this matter may not be addressed individually and it may be voted on en masse by the Commission. See reverse sidefor additionalinstructions.

If you require 'an accommodation due to a disa.bility, contact Donna Malphurs, Florida Elections Commission, at (850)922-4539 ora! 107 W Gaines Street, The Collins Building, Suite 224, Tallahassee, Florida, at least 5 days before the hearing


Dated on July2~nt, 2012

HeaOl2 (8/08)

Rosanna Catalano Executive Director

--------------------~/ \

IN,;STRUCTIONS .FOR PROBABI.,E;t;\tfSi HEA~NG ·· .. i/ ...

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 on this notice" Please note that this matter may not be addr'essed individually and it may be voted on en masse by the Commission.

At the probable cause hearing, the Florida Elections Commission will decide whether there is probable canse to believe that Respondent has violated one 01 more provisions of The Florida Election Code

Respondent, each Complainant, and their counsel are permitted to attend the probable cause hearing,

The hearing will be conducted pursuant to Section 10625, Florida Statutes; Chapter 28, Florida Administrative Code, the Uniform Rules of Procedures; and Commission Rule L0027, Florida Administrative Code

The Commission will electronically recOld the meeting Although the Commission's recording is considered the official record of the hearing, the Respondent, at his or her own expense, may provide a certified court repOlter also to record the hearing"

Before making a decision on probable cause, the Commission will review the complaint, the Report of Investigation, the Staff Recommendation, any written responses submitted by Respondent, all relevant documents, and any oral. statements made by Respondent and staff at the probable cause hearing

When your case is called, the Chair will reacla briefstatementand may ask Respondent, Complainant, and their attorneys, if an attorney is present, to state their names for.the record

Staff will then have time to summar ize the case and make a recommendation to the Commission on pr obable cause, After staff's presentation, ifthe Respondent is present he or she will have time to make a statement to the Commission in the nature of an oral ar gum en!

Pursuant to Section 10625(4), F lor ida Statutes, Respondent's statement should explain how the staff erred in applying the lawto the facts enumerated in the Staff Recornmendation Respondentmay not testify 01 call others to testify or introduce any documentary or other evidence at the probable cause. hearing,

At the probable cause hearing, the Commission is not deciding whether Respondent has violated a provision of The Florida· Election Code 01 the amount of .the fine, The Commission is only deciding whether Respondent should be charged with violating a provision of the election code, Before the Commission determines whether a viOlation has occurred or a fine should be imposed, Respondent will have an oppOltunity for a second hearing, where Respondent may testify, call others to testify on his or her behalf, and introduce documentruy or other evidence that shows Respondent did not commit the violations charged

After the presentations are concluded, the Commissioners will discuss the case and may ask questions of Respondent and staff The Commission's decision on probable cause will be made by a majority vote of those members present and voting

After the Commission decides whether there is or is not probable cause to believe that Respondent violated a provision of the election code, the case will become public, In some cases, the Commission may not make a decision, such as when further investigation is ordered, If the Commission does not make a decision on probable cause, the case will remain confidential, unless confidentiality has been waived

After the Commission meeting, the Commission will send Respondent and Complainant a written order reflecting the Commission's decision on probable cause, If the Commission finds no probable cause, the case will be dismissed, If the Commission finds probable cause, Respondent will receive instructions on how to either settlement the matter or select a hearing before the Commission 01' the Division of Administrative Hearings These hearings will determine whether a violation has occurred and whether a fine should be imposed

If Respondent has not received the Stafl' Recommendation or' if you have any questions about the procedures for the probable cause hearing, please contact Donna Malphurs at (850) 922-4539.

Hea012 (8/08)

FLORIDA ELECTIONS COMMISSION PHONE LOG

Case No.: FEC 12-027

Respondent: Representative Reginald N.. Fnllwood

Complainant: Division of Elections

1. Date and time: March 12, 2012 @2:25 pm Name: Respondent Phone #: (850) 488-7417 Summary: I called Respondent to query whether he had filed his 2011 Q3 Office Report He was not in; I left a message on his voice maiL Memo to File? No Entered by: MBW

2.. Date and time: March 12,2012 @2:40p.m. Name: Respondent Phone #: (904) 318-6881 - cell Snmmary: I called Respondent to query whether he had filed his 2011 Q3 Office Report I left a message on his voice maiL Memo to File? No Entered by: MBW

1. Date and time: March 14, 2012 @ 9:48 am Name: Respondent Phone #: (904) 318-6881 - cell Summary: I called Respondent to query whether he had filed his 2011 Q3 Office Report I left a message on his voice mail. Memo to File? No Entered by: MBW

4. Date and time: March 26, 2012 @ 10:11 am. Name: Respondent Phone #: (904) 318-6881 - cell Summary: I called Respondent to query whether he had filled his 2011 Q3 Office Report. I left a message on his voice maiL Memo to File? No Entered by: MBW

5. Date and time: April 2, 2012 @ 11:23 a.m. Name: Jerry Holland, Duval County Supervisor of Elections Phone #: (904) 630-1414 Summary: I called Mr.. Holland to query whether Respondent had run for office previously. I spoke with Lana, who stated that in 2006 Respond¢nt ran for State Repi¢sentatiye;District IS-the officehecurrentl:Yholds. She addedtharin2003, he was elected to the Cityc;otillcil, District 9 (She reminded me that the county and city were

InvOO I (10/07)

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I.

consolidated) She stated that she would double check her records She stated she would send any additional information to me via e-maiL Memo to File? Yes-see e-mail Entered by: MBW

6.. Date and time: April 19, 2012 @ 8:57 a.m. Name: Respondent Phone #: (904) 318-6881 Summary: I called Respondent for the final interview He did not answer. I left a detailed message that the case was complete and about to be sent to legaL I stated that if he had any comments, please call me Memo to File? No Entered by: MBW

7.. Date and time: Name: Phone#: Summary: Memo to File? No Entered by:

8.. Date and time: Name: Phone#: Summary: Memo to File? No Entered by:

9. Date and time: Name: Phone#: Summary: Memo to File? No Entered by:

10. Date and time: Name: Phone#: Summary: Memo to File? No Entered by:

II. Date and time: Name: Phone#: Summary: Memo to File? No Entered by:

INVOOI (12/01) 2

(

FLORIDA ELECTIONS COMMISSION 107 W. Gaines Street, Suite 224

Collins Building Tallahassee, Florida 32399-1050

Telephone: (850) 922-4539

The Honorable Reginald N Fullwood 2232 Ribault Scenic Drive Jacksonville, Florida 32208

RE: Case No.: FEe 12-027


Fax: (850) 921-0783

June 11, 2012

The Commission staff has completed its investigation of the complaint filed against y'Ou 'On February 10, 2012, and is rec'Ommending the C'Ommissi'On find pr'Obable cause t'O charge y'Ou with violating Florida's election laws .. As required by secti'On 106..25,Fl'Orida Statutes, y'Ou are being pr'Ovided with a c'Opy 'Of the Staff Rec'Ommendati'On.. If you cheese t'O file a resp'Onse to the rec'Ommendati'On, y'Ou must file y'Our resp'Onse with the C'Ommissi'On within 14 days fr'Om the date 'Of this letter.. If y'Ou timely file a resp'Onse t'O the staff rec'Ommendati'On, the C'Ommission will c'Onsider your response when determining probable caUSe

At its meeting scheduled fer August 14-15, 2012, the C'Ommissi'On will held a hearing t'O determine whether there is probable cause t'O charge y'Ou with vi'Olating Chapter 104 'Or 106, Fl'Orida Statutes Y'Ou and the c'Omplainant will receive a n'Otice of hearing at least 14 days bef'Ore the hearing. The notice 'Of hearing will indicate the l'Ocati'On, date, and time 'Of your hearing. Y'Ou will have the 'Opp'Ortunity t'O make a brief 'Oral statement t'O the C'Ommissi'On, but y'Ou will net be permitted t'O testify 'Or call 'Others t'O testi~y, 'Or intr'Oduce any d'Ocumentary 'Or 'Other evidence ..

The N'Otice 'Of Hearing will be mailed t'O the same address as this letter.. Theref'Ore, if y'OU! addr'ess changes, you must n'Otify the Commissi'On 'Of y'Our new address Otherwise, y'Ou may net receive the c'Orresp'Ondence from the C'Ommissi'On staff Failure t'O receive the d'Ocuments will net delay the probable cause hearing

Unless y'Ou have waived y'OU! privilege 'Of c'Onfidentiality, please remember that the Staff Rec'Ommendati'On and .. all 'Other documents related t'O the c'Omplaint filed against you are c'Onfidential until the C'Ommissi'On finds pr'Obable cause 'Or n'O probable cause, or unless y'Ou waive confidentiality in writing, If y'Ou retain counsel, y'OU! att'Orney must file a notice 'Of appearance with the C'Ommission bef'Ore any member 'Of the C'Ommissi'On staff can discuss this case with him 'Or her"

SoflOO (1108)

After reviewing the Staff Recommendation, if you desire to enter negotiations directed towards reaching a settlement via consent agreement, please notify us in Wliting.

If you have any questions or need additional information, please contact me at extension 102

Sincerely,

!~t: 'It{1GR--Agency Clerk

Enc1osme: Staff Recommendation

ComOll (1lI07)



--------------------~/ STAFF RECOMMENDATION FOLLOWING INVESTIGATION

Pursuant to section 106..25(4)(c), Florida Statutes, undersigned staff' counsel files this written recommendation for disposition of the referral in this case recommending that ther e is probable cause to charge Respondent with violating Section 106.141(8), Florida Statutes .. Based upon a thorough review of the Report of Investigation submitted on April 20, 2012, the following facts and law support this staff recommendation:

I.. On February 10, 2012, the Florida Elections Commission received a referral from the Department of State, Division of Elections ("Division"), alleging that Reginald N Fullwood ("Respondent") violated Chapter 106, Florida Statutes

2 Respondent is the State Representative for District IS .. He was elected in 2010

3 By letter dated Mar·ch 9, 2012, the Executive Director notified Respondent that Commission staff would investigate the following statutory provisions:

Section 106.141(8), Florida Statutes: Reggie Fullwood, candidate for State Representative, District IS, failed to file his 20 II Q3 Office Account report, as alleged in the referral from the Division of Elections.

4 On January 10, 2009, in his statement of candidate required by Section 106.023 of the Florida Statutes, Respondent affirmed that he received, read, and understood the requirements of Chapter 106, Florida Statutes. (ROI Exhibit 14)..

5.. On FeblUary 3, 2009, Kristi Reid Bronson, Chief, Bureau of Election Records, Division of Elections, advised Respondent that all of the Division's publications and reporting forms were on its website and directed Respondent to print out the Candidate and Canrpaign Treasurer Handbook (June 2008 edition) ("Handbook") as well as other docUlllents.. (ROI Exhibit 10) ..

6 The June 2008 Handbook states that "[aj candidate is required to file a report on the I Oth day following the end of each calendar quarter following the 90-day termination report until the office account is closed .. " (Attachment "A")..

Staff Recommendation FEe 12-027 I

7.. Respondent's Q1 Office Account Report reflected a balance of $37.25 (ROI Exhibit 6) I

8. By letters dated October 13, 2011, October 26, 2011, and December 16, 2011, Ms Bronson informed Respondent that Respondent's Q3 Office Account Report, due on October 10, 2011, had not been filed .. (ROI Exhibits 1 & 4i

9 Despite receiving three Wlitten notices, as of June 1, 2012, Respondent's 2011 Office Account Report has still not been filed ..

10.. "Probable Cause" is defined as reasonable ground of suspicion suppOlted by circumstances sufficiently strong to wanant a cautious person in the belief that the person has committed the offense charged. Schmitt v. State, 590 Sold 404, 409 (Fla. 1991). Probable cause exists where the facts and circumstances, of which an [investigator] has reasonably tlUstworthy information, are sufficient in themselves for a reasonable man to reach the conclusion that an offense has been committed. Department of Highway Safety and Motor Vehicles v Favino, 667 So.2d 305, 309 (Fla .. 1 st DCA 1995).

11.. The facts set forth above show that Respondent is a State Representative from District 15. Respondent failed to file his Q3 Office Account Report on October 10, 201L By letters dated October 13, 2011, October 26,2011, and December 16,2011, the Division notified Respondent that he was required to file his Q3 Office Account RepOlt. Despite receiving these three letters from the Division, as onune 1, 2012, the Respondent has failed to file his repOlt.

Based upon these facts and circumstances, I recommend that the Commission find probable cause to charge Respondent with violating the following:

Count 1:

On or about October 10, 2011, Respondent violated Section 106J41(8), Florida Statutes, when he failed to timely file his 2011 Q3 Office Account Report disclosing the disbursements of funds made fiom his office account and all refunds and reimbursements received by Respondent

I Respondent also failed to file his Q2 Office Account Report, due on July 10, 20 II. However, this issue is addressed in FEe 11-299 2 The Report ofInvestigation is referred to herein as "ROJ "

Staff Recommendation FEe 12·027 2

Respectfully submitted on June ll-, 2012,

....,. I reviewed this Staff Recommendation this _1_\_ day oUune 2012

Staff Recommendation FEe 12-027

Rosanna atalano Executive Dir

3

CANDIDATE AND


June 2008


R.A Gray Building, Room 316 500 South Bronough Street

Tallahassee, Florida 32399-0250 Phone: 850.245.6240

(

Table of Contents

Chapter 1 - Explanation """'''''''''''''''''''''''''''''''''' '"'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' """"""""""""""""""""""""""""""""""""""""""""""""""""""",,"" 1

Chapter 2 - The Campaign Financing Act"""""""""""""""""""""""""""""""""""""""""""""""""""""""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2

Chapter 3 - Offices Up For Election "'"'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''"'''''''''' '"'''''''''''''''''''''''''''''''''''''''''' """"",,3 Federal Offices, ." 3 Multicounty and District Offices 3 County Offices. 3 Judicial Retention (Nonpartisan) 3 Circuit Judges (Nonpartisan) 3 County Court Judges (Nonpartisan) 3

Chapter 4 - Dates to Remember""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,""""""""""""""""""""""""""""""""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,4

Chapter 5 - Glossary of Terms""""""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,"""""""""""""""""""""""""""""""""""""""""""""""""",,7

Chapter 6 - Becoming a Candidate """""""""""""""""""""""""""""""""""""""""""""""""""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,10 What to File ,10 Filing Officer 11 Resign-to-Run 11 Changing Parties for Partisan Offices, 11 Changing the Designation of Office, 12 Pro Rata Refund Example 12

Chapter 7 - Prohibited Acts",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ''',,'''' "'"'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' """"" "",,13 Speaking at Political Meetings, 13 Using State-Owned Aircraft or Motor Vehicle ,. 13 Using Services of State, County, Municipal, or District Officers or Employees 13 Making Contributions in the Name of Another 13 Solicitation from Religious, Charitable and Civic Organizations, 13 Accepting Contributions in a Government-Owned Building 14 Making Malicious Statements 14 Certifying a False Report, 14 Limitations on Political Activity for Judicial Candidates 14

Chapter 8 - Campaign Treasurers '"''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''""""""""""""""""""""""""""""""""",,,,,,,,,16 Appointing Campaign Treasurers and Deputy Campaign Treasurers 16 Duties and Responsibilities, 16 Resignation or Removal ,17

Chapter 9 - Campaign Depositories ,,"""" '"'',,''' ,,,"""",,",""" """ " , """""""""""""""""""""""""""""" """ " " " " """,,""""",,", ,,,,,,,,,,,,,,,,,,,,,,19 Primary Campaign Depository 19 Secondary Campaign Depository , ' 19 Separate Interest-Bearing Accounts and Certificates of Deposit 20 Campaign Checks 20 Debit Cards 21 Credit Cards 21

Chapter 10 - Contributions""""""", """""""""""""""" '"'''''''''''''''''''' """ "",, " , " , , " , " " , , , , , , """ " , ''',,'''' """ , " '"'''''' """ , " , " , """""""""""""""",,22 Unauthorized Contributions 22 Anonymous Contributions, 22 In-Kind Contributions, 23 Loans" 23 Cash Contributions 23 Debit and Credit Card Contributions 24

Contribution Limits for Candidates. 2008 Deadlines for Accepting Contributions Violations

, I.

24 25

.. 26

Chapter 11 - Expenditures .... """'''''''".,,,.,'''''''''''''' ".,""" "'"''.'''''''.'''''''''''''''''.'''''''''''''''.'''''''.'.''''''''''''''''''''''' """""""".'''''''''''''''''''.'''''''' .,,,.,,,,,,,,,,,,,,,,,,.,27 Petty Cash Funds 28 Independent Expenditures 28 Credit Cards 29 Debit Cards. 30 Electioneering Communications 31

Chapter 12 - Political Advertising,,,,,,,.,,,,,,,,,,,,, "".'".'.'''''''''''''.'.'.'''''''''''''.'''''''''''''''''''.'.''''' '"''''.'.''''' "'"''''''''.''''' '"''''''''''''''''''''''''.''''' '" "".,.,,,,,,,.,32 Candidate Disclaimers 32 Non-incumbent Advertisements 33 Other Disclaimers. . 34 Disclaimers for Other Than Independent Expenditures 35 Independent Expenditure Disclaimers 35 Disclaimers on Novelty Items . 36 Language Other Than English 36 Electioneering Communications Disclaimers 36 Use of Closed Captioning and Descriptive Narrative in all Television Broadcasts. . 37 Other Political Disclaimer Examples 37

Chapter 13 - Fund Raiser's.""""""""""""""""""".,,,,,,,,,,,,,,,.,,,,,,,,,,,,,.,.,,,,,,,,,,"".,,,,,,,,,,,.,,,,,,,,,,,,,,,,,.,,,.,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,39 Contributions from Fund Raisers 39 Expenditures for Fund Raisers 39 Tickets and Advertising .39

Chapter 14 - Solicitation """"""""""""""""""""""""" """"""""""""""""""" '"'''' "",," """" """ " " " " " " " " " " ''',,'''',,'''''''' """"""""",,,,""""""" """""""",,40 Telephone Solicitation .. 40 Telephone Solicitation, Registered Agent 41

Chapter 15 - Filing Campaign Reports",,,, Where to File

""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""".",,42

When to File,. Penalty for Late Filing Waiver of Report . Incomplete Reports Reporting Total Sums Reporting Contributions Returning Contributions Reporting Expenditures Special Requirements for Judicial Candidates.

42 42 43

. 43 43 43 43 44 44 45

Chapter 16 - Termination Reports ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,, Prior to Disposing of Surplus Funds.

'"'''''''''''''''''''''''''''''''''''''''''''' """'"'''''''''''''''''''''''''''''''''''' ,46

Disposing of Surplus Funds Money from Separate Interest-Bearing Account or Certificate of Deposit Campaign Loans Report

46 46 47

. 47

Chapter 17 - Electronic Filing of Campaign Reports """"""'''''''''''''' """""'" ""'"'''''''''''''''''''''' """",,,,,,,,,,,,49

Accessing the EFS 49 Creating Reports 49 Submitting Reports 49 Electronic Receipt 50

Chapter 18 - Office Accounts""",,,,,,,,,,,,,, """",,",, ''''',,'''',,'''' """ " " " " " '" '"'' ,"""""""",, """ " " " "" """""" """" ''',,'' '"'''''''''''''' '"'''' '"'' '"'''' """,51 Using the Office Account.. 51 Reporting Office Account Funds . 52

II

Chapter 19 - Recordkeeping, Receipt and Inspection,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, """",,,,,,,,,,53 Contributions 53 Expenditures ., , 53 Preservation of Accounts 54 Inspections .. 54

Chapter 20 - Bookkeeping Suggestions"""""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,, """"""""""""""""""""""'''' '"'''''''''''''''''''''' "'"'''''''' '''''''''''''''' "" """",,55

Chapter 21 - Frequently Asked Questions, """""",,""" '" '"'''''' ,,""""" '"'''''''''''''''''''''''''''''''''''''''''''''''''''''''' ",,"""""""" ''',,'''',,'''' """"",,56 Candidates 56 Campaign Advertising 57 Campaign Finance . 58

Chapter 22 - Florida Elections Commission""""""""""""" """"""""""""""""""""" '"'''''''''''''' """""""""""""""""""""" """""""",,62 Automatic Fine Appeal Process 62 Complaint Process 62

Chapter 23 - Florida Supervisors of Elections"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" """""""",,63

III


A candidate is required to file a report on the 10th day following the end of each calendar quarter following the gO-day termination report until the office account is closed by filing:




1 A charitable organization or organizations that meet the requirements of Section 501 (c)(3) of the Internal Revenue Code; or,


3. In the case of an officer of a political subdivision, to the political subdivision to be deposited in the general fund thereof

Such reports shall be signed by the candidate, certified as true and correct and filed with the officer before whom campaign reports were filed

(Section 106 141(5) and (8), FS, and Division of Elections Opinion 06-04)

52

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FLORIDA ELECTIONS COMMISSION 107 W. Gaines Street, Suite 224

Collins Building Tallahassee, Florida 32399-1050

Telephone: (850) 922-4539

The Honorable Reginald N. Fullwood 101 East Union Street, # 402 Jacksonville, FIOlida 32202-3065



Fax: (850) 921-0783

April 23, 2012

The Commission staff has completed its investigation of the complaint filed against you on February 10, 2012 .. As required by section 106.25, Florida Statutes, you are being provided a copy of the Report of Investigation. Should you choose to file a response to the report, you must file your response with the Commission within 14 days from the date of this letter. If your response is timely filed, the Commission will consider it when determining probable cause ..

Commission staff will review the Report of Investigation arrd make a written recommendation to the Commission on whether there is probable cause to charge you with violating Chapter 104 or 106, Florida Statutes You will receive a copy of this staff recommendation arrd will have the oppOItunity to file a response.. Should you choose to do so, yom response must be filed with the Commission within 14 days from the date the recommendation is mailed to you.. If yom response is timely filed, the Commission will consider it when determining probable cause ..

The Commission will then hold a hearing to determine whether there is probable cause to believe you have violated Chapter 104, 105 or 106, Florida Statutes You arrd the complainarrt will receive a notice of hearing at least 14 days before the hearing The notice of hearing will indicate the location, date, arrd time of your hearing. You will have the OPPOItunity to make a brief oral statement to the Commission, but you will not be permitted to testify or call others to testify, or introduce arry documentary or other evidence ..

At arry time before a probable cause finding, you may notify us in writing that you warrt to enter into negotiations directed towards reaching a settlement via consent agreement.

The Staff Recommendation arrd the Notice of Hearing will be mailed to the same address as this letter.. Therefore, if yom address charrges, you must notify the Commission of yom new address .. Otherwise, you may not receive the correspondence from the Commission staff. Failure to receive the documents will not delay the probable cause hearing.

InvlOO (6/09)

/

I

Under section 10625, FloIida Statutes, complaints, Commission investigations, investigative reports, and other documents relating to an alleged violation of Chapters 104 and 106, Florida Statutes, are confidential until the Commission finds probable cause or no probable cause. The confidentiality provision does not apply to the person filing the complaint However, it does apply to you, the Respondent, unless you waive confidentiality in writing. The confidentiality provision does not preclude you fiom seeking legal counseL However, if you retain counsel, your attomey must file a notice of appearance with the Commission before any member of the Commission staff can discuss this case with him or her.

If you have any questions or need additional information, please contact me at extension 102 ..

Enclosure: Report of Investigation

InvlOO (6/09)

Sincerely,

~~~,~~~~ Donna Ann Malphurs Agency Clerk

/ \.

FLORIDA ELECTIONS COMMISSION REPORT OF INVESTIGATION

Case No.: FEC 12-027

Respondent: Reginald N. Fullwood Counsel for Respondent: None

Complainant: Division of Elections Counsel for Complainant: None

Pursuant to Section 106..25, FlOlida Statutes, on February 10, 2012, the Florida Elections Commission received information from the Division of Elections (Division) that Respondent violated Chapter 106, Florida Statutes The Division's referral was mandated pursuant to Section 10607(8)(d), FlOlida Statutes Commission staff, therefore, investigated whether Respondent violated the following statute:

Section 106.141 (8), FlOlida Statutes, failure of a candidate elected to public office to file timely with his filing officer a report of all disbursements of funds made from his office account and all refunds and reimbursements received by the elected candidate

I. Preliminary Information:

1 Respondent was a candidate for the office of State Representative, District 15 .. The election was November 2,2010 Respondent won; he received 66..7% of the vote

2 Complainant is the Division of Elections

3.. Respondent's filing officer is Klisti Reid-Bronson, Chief; Bureau of Election Records.

II. Alleged Violation of Section 106.141(8), Florida Statutes:

4.. I investigated whether Respondent violated this section of the election laws by failing to file his office account report with his filing officer

5.. According to an affidavit completed by Theresa Holdeen, Division representative, Respondent did not file his 2011 Q3 office account repOlt Ms Holdeen stated that the report was due on October 10, 2011 Ms .. Holdeen stated that the Division mailed the first failure-tofile letter on October 13,201 L To review the failure-to-file letter, refer to Exhibit 1 To review Ms. Holdeen's affidavit, refer to Exhibit 2 ..

6.. Ms .. Holdeen also provided a sworn statement on December 16, 2011, stating that Respondent did not file his 2011 Q2 office account report (see FEC 11-299). To review the sworn statement, refer to Exhibit 3..

7.. The Division sent Respondent two additional letters to alert Respondent that the

Inv002 (7/08) 1

office account report was past due Each letter (the second notice and the final notice) advised Respondent that the office account report was past due and listed the number to the Division if he had any questions .. The "Second Notice" reads, "Please be advised that failure to file an office account report may constitute a violation of Chapter 106, Florida Statutes" The "Final Notice" letter was mailed on December 16, 2011; there is a hand-written notation on the letter that reads, "Sent copies to the above address as well as "the Capitol" and his 2232 Ribault Scenic Drive address in Jacksonville." To review the letters from the Division, refer to Exhibit 4 ..

8. On February 10, 2012, the Division filed a referral with the FEC against Respondent for failure to file his office report On March 14, 2012, the notification letter from the FEC was delivered to Respondent's office.. To review the receipt for the certified letter (green card), refer to Exhibit 5 ..

9 Respondent's termination report (TR) does not reflect a transfer to an office account or an expenditure to create an office account Investigator Aulet (FEC 11-299) questioned Ms .. Holdeen regarding how the Division became aware of Respondent's office account Ms .. Holdeen explained that Respondent filed a paper copy of the 2011 Ql office account report that was due on April 10, 2011 The 2011 Ql office account report showed a beginning balance of $1,074 and a disbursement of $1,036.75 1 The remaining balance was $3725 (1074 - 1036.75 = 37 25).. To review the 2011 Ql office account report, refer to Exhibit 6 To review the 2011 TR, refer to Exhibit '7

10.. On February 15, 2012, Investigator Aulet (FEC 11-299) subpoenaed records from Bank of America relating to Respondent's office account On March 5, 2012, the Bank of America Legal Order Processing Unit responded that the bank was unable to locate any of the requested records .. However, Respondent was still required to file the 2011 Q3 report to disclose how the remaining balance of $37 75 was disbursed To review the subpoena and response from the Legal Order Processing Unit, refer to Exhibit 8

1 L Several attempts were made to contact Respondent by telephone (at his office and on his cellular telephone); however, Respondent did not return any of my telephone calls 2

12 In e-mail dated April 12, 2012, Ms .. Holdeen confirmed that Respondent's 2011 office account report has not been filed To review the e-mail, refer to Exhibit 9

13.. No record of Respondent having previously violated this section of the election laws was found ..

III. FEe History

14. Respondent had one minor violation consent order (MVCO) in FEC 06-217 for $450 for possible violations of Sections 106143(l)(a), 106.143(5) and 106.1435(3), Florida Statutes; which was paid on August 23, 2006. He was the Respondent in a willful case, FEC 11-003 that was dismissed under Section 106 25( 4)(j) He had five automatic fine-default cases, 11-

I See FEC 11-299 to review the Division's standard procedure regarding ollice account reports

2 InvestigatOi Aulet in FEC 11-299, which occurred concomitantly with this investigation, sent an affidavit to Respondent that was not retumed.

Inv002 (7 f08) 2

, I I

, ,

130, 11-132, 11-133, 11-201, and 11-240. The fines in the five cases totaled $6,58750 and are still outstanding. Respondent has two additional "failure to file" cases, FEC 11-098 and 11-299, which are still pending.

15 Respondent has never been the Complainant in an FEC case.

Conclusion:

16.. On April 19, 2012, I called Respondent for the final interview. He was not in; I left a detailed message. Respondent did not retmn my call

17.. On February 3, 2009, Ms .. Bronson, Chief, Bmeau of Election Records, mailed Respondent a letter notifying that he had been placed on the 2010 active candidate list The letter reads, "It is your· responsibility to read, understand and follow the requirements of Florida's election laws. Therefore, please print a copy of the following documents: Chapters 104 and 106, Florida Statutes, Candidate and Campaign Treasurer Handbook (June 2008 edition), 2009 Calendar of Reporting Dates, and RulelS-2.017, Florida Administrative Code." To review the letter from Ms .. Bronson, refer to Exhibit 10

18.. Chapter 20 in the Candidate and Campaign Treasurer Handbook discusses office accounts Page 57 specifically addresses filing the office account report To review relevant pages of the Candidate and Campaign Treasurer Handbook, refer to Exhibit 11

19.. Respondent is not a first-time candidate.. According to Lana Self; Candidate and Records AssistantlDuval County Supervisor of Elections Office, Respondent was elected to the City Council in 1999. In 2003, he we re-elected to the City CounciL In 2006, he ran for State Representative, District 15; he was defeated. In 2010, he ran for State Representative and won. He is currently a candidate for re-election in the 2012 election. To review the e-mail from Ms .. Self; refer to Exhibit 12 .. To review the printout from the Division's website, refer to Exhibit 13

20. On January 10, 2009, Respondent signed the Statement of Candidate form certifYing that he received, read and understood the requirements of Chapter 106, Florida Statutes To review the Statement of Candidate form, refer to Exhibit 14 ..

inv002 (7/08)

Respectfully submitted on Apti120, 2012 ..

M7ie~Wade Investigation Specialist

3

Current a.ddress of Res~ondent

The Honorable Reginald N. Fullwood 101 East Union Street, #402 Jacksonville, Florida 32202-3065

Cun:ent Address of Complainant:

Division of Elections The R A Gray Building, Room 316 500 South Bronough Street Tallahassee, Florida 32399-0250

Name and Address of Filing Officer:

Ms .. Ktisti Reid-Bronson, Chief Bureau of Election Records 500 South Bronough Street, Rm 316 Tallahassee, Florida 32399

Copy furnished to:

Mr David Flagg, Investigations Manager

Inv002 (7/08) 4

FLORIDA ELECTIONS COMMISSION REPORT OF INVESTIGATION Reginald N. Fullwood -- FEe 12-027

Exhibits #s Description of Exhibits

Exhibit 1 October 13,2011 Letter from the Division

Exhibit 2 Ms Holdeen's FeblUaIy 8, 2012 Affidavit

Exhibit 3 Ms Holdeen' s F eblUaIy 16, 2011 Affidavit

Exhibit 4 Additional Letters from the Division

Exhibit 5 Green Card

Exhibit 6 2011 Q 1 Office Account Report

Exhibit 7 2011 TR

Exhibit 8 Subpoena and Response

Exhibit 9 E-mail from Ms Holdeen

Exhibit 10 Ms Bronson's Letter to Candidates

Exhibit 11 Relevant Pages ofthe Handbook

Exhibit 12 E-mail from Ms Self

Exhibit 13 Printout from Division's Website

Exhibit 14 Statement of Candidate FOIm

Inv004 (5/08)

/ -l

'"

fIQruj?!\'DEPARTMENT_~~{ STA~ RICK SCOTT

Governor

October 13,201 I

The Honorable Reggie Fullwood 101 East Union Street, Suite 402 Jacksonville, FIOlida 32202·3065

Dear Repr esentati ve Fullwood:

KURT S .. BROWNING Secretary of State

A review of our records indicates that you have not filed the office account repOlt due October 10,201 I, pursuant to Section 106.141, Florida Statutes Your prompt attention to this matter is appr eciated

If you have any questions, please contact us at (850) 245-6240

Sincerely,

~~::f]~ i5/

~ IIVA flORIDA500.

Kristi Reid Bronson, Chief Bureau of Election Records

KRB/tah

R A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245-6240 • Facsimile: (850) 245-6259 www.dos.state.fl.us

Commemor'ating 500year:s of F'Zorida history www.f1a500 .. com

EXHIBIT _ ... J __ _

~ VIVA flORIOA500

, !

AFFIDA VIT STATE OF FLORIDA County of Leon

Theresa Holdeen, being duly sworn, says:

1 Ihis affidavit is made upon my personal knowledge

2.. I am of legal age and competent to testifY to the matters stated herein.

3 Reggie Fullwood was a candidate for the office of State Representative, District 15, dUling the 2010 election cycle Representative Fullwood was elected to this office November 2,2010 Ihe office account report that was due on October 10,2011 (Q3) has not been filed

4. On October 13, 2011, the Division mailed Representative Fullwood a fililUle to file notice regarding this office accoUlIt report

5.. On October 26, 2011, the Division mailed Representative Fullwood a second notice regar ding this office accoUlIt report

6. On December 16, 2011, the Division mailed Representative Fullwood a final notice regarding this office accoUlIt report.

7 As of February 9, 2012, the Q3 office account report has not been filed

I hereby swear or affir m that the foregoing information is true and correct to the best of my knowledge.

lNV035 (5/00) EXHIBIT ,

Sworn to (or affirmed) and subscribed this ~th day of February, 2012.

Pri ,Type, or Stamp Commissioned Name of otary Public

Personally Known -_/_r.;o~=,,~~==;;;"'="9 .'·'W""" JOB..MYNARO

#'A~.% MY COMMISSION # DO 962SS8 ~~.~kffi EXPIRES: May 16. 2014 . ~·"··W Bonded Thru Notary PublIc Under.m!ets

'.Rf .. f.·

STATE OF FLORIDA County of Leon

~/

I.

AFFIDAVIT


This affidavit is made upon my personal knowledge

2 I am of legal age and competent to testify to the matters stated herein

3 Reggie Full\\'ood was a candidate for the office of State Representative, District 15, dluing the 2010 election cycle Representative Ful1wood was elected to this office November 2,2010 The office account report that was due on July 10,2011 (Q2) has not been filed

4.. On July 28, 2011, the Division mailed Representative Ful1wood a failure to file notice regarding this office account report

5 On October 13, 2011, the Division mailed Representative Ful1wood a second notice regarding this oftice account report

6 On October 26, 2011, the Division mailed Representative Ful1wood a tinal notice regarding this office account repoll

7.. As of December 16,2011, the Q2 oftice account repolt has not been filed

I hereby swear or affir m that the foregoing information is true and cornct to the best of my knowledge.,

IN"O.3S (5/00) EXHIBIT

vm t( rC\ .Y..n.su-<£v.::,CA,. ~QQ,)fl

Signature of Affiant

Sworn to (or affirmed) and subscribe eror me this 16'h day of December, 2011

Prin ,T e, or Stamp Commission Name of Notary Public

Personally Known --fF. JOELMYNAAD

MY CCMMiSSION I DO 962588 EXPIRES: May 16. 2014

Bonded Thru Notary Public Underwriters

Reggie Fullwood

,

DIVISION OF ELECTlON§ FEC REFERRAL. FORM

The Division of Elections is referring this issue to the Florida Elections Commission pursuant to Section 106 22(7), Florida Statutes, which requires the Division of Elections to notify the FEC of any failure to file a report required by Chapter 106, Florida Statutes. Section 106.141 (8), Florida Statutes, requires the elected official to file a report on the 10th day following the end of each calendar quarter, until the account is closed

The following report is outstanding after notification:

2011 Q2 Office Account Report

Sent By: Kristi Reid Bronson Date: December 16, 2011

1"'"1 r I"'"1(J) ("")-< -1"~ --< 0..,

~C) ("")"TJ

o~ 3:0 :::;0 (no ~:r> 0 :z::

'" 52 ::0

c::> rn ..., (""")

(")

cr rrJ -LJ <

fTI ~ \"..J N

RICK SCOTT Governor

SECOND NOTICE

October 26, 2011

(

• ~ ___ ---J

~RIDA DEPARTMENT OL~TA':f~

The HonOIable Reggie Fullwood 101 East Union Sheet, Suite 402 Jacksonville, FloIida 32202-3065


KURT So. BROWNING Secretary of State

A review of our records reflects that you have failed to file the office account report due October 10,2011, pursuant to Section 106 141, Florida Statutes.

The first notice of the failure to file the above mentioned report was mailed via regular mail to the address on file with our office on October 13,2011 .. As of this date, we do not show a record of receiving this report

Please be advised that failure to file an office account report may constitute a violation of Chapter 106, FIOIida Statutes

If you have any questions, please contact us at (850) 245-6240

Sincerely,

4~P-

~


KRB/tah

R. A. Gray Building • 500 South B,·onough Street • Tallahassee, Florida 32399 ·0250 Telephone: (850) 245·6240 • Facsimile: (850) 245-6259 www.dosstate .. f1.us

Commemor·ating 500 year·s of Florida history www .. f1a500.com

VIVA flORIDA 500 .. EXHIBIT

~ VIVA flORIDA 500

~ VA flORIDA 500..

, I I

,

FLORIDA DEPARTMENT 01 STATE • 'a

RICK SCOTT Governor

FINAL NOTICE

December 16,201 I

The HonOJable Reggie Fullwood State Representative, District 15 101 East Union Street, Suite 402 Jacksonville, Florida 32202-3065

Dear Repr esentative F uIIwood:


According to a review of the Division's records, you have not filed the following office account report:

Report

2011 Q3

Due Date

October 10, 201 I

The Division has previously notified you that the reports that are outstanding. Enclosed are copies of letters sent by the Division. Please file this report immediately The Division is required by Section 106.22, F lorida Statutes, to notify the Florida Elections Commission any failure to file a report required by Chapter 106 Section 106265(1), F lorida Statutes, authorizes the Florida Elections Commission to impose civil penalties of up to $1,000 per violation

If you have any questions please call (850) 245-6240.

Sincerely,


KRB/tah

Enclosures

'_ft, Cd,;>.~ '~~" .1 ........ ~.. .' ....•.. ,.,'." ... , .. " ....... y., '," .. n .... '·.··· ~ .... ', '" ' .. ' "'."'.' "," "'~~> , .... " .... ,' .•.•.. , ..•.. ' ••.. ' •. , ..

\-~ ''if-~~.~' ~~~ ~~C- ~,;I.JQ ~~

R. A. Gray Building· 500 South Bronough Street • tallahassee, Florida 32399-0250 Telephone: (850) 245-6240 • Facsimile: (850) 245-6259 wwwdosstateflus

Commemorating 500 years of Florida history wwwfla500.com

EXHIBIT VIVA flORIDA 500 ..

v I

FLORIDA ELECTIONS COMMISSION 107 W., Gaines Street,

Suite 224 Collins Building Tallahassee, Florida 32399-1050

Telephone: (850) 922-4539 Fax: (850) 921-0783

March 9,2012

CERTIFIED MAIL 70041160000491864139

The Honorable Reggie Fullwood 101 East Union Street, # 402 Jacksonville, Florida 32202-3065



On April 27, 2011, the Florida Elections Commission received referral information alleging that yoti violated Florida's election laws I have reviewed the referral and find that it contains one or mOre legally sufficient allegations, Along with all allegations in the complaint, the Conimission staff will investigate the following alleged violation:

Section 106.141(8), Florida Statutes: Reggie Fullwood, candidate for State Representative, District 15, failed to file his 2011 Q3 Office Account report, as alleged in the referral from the Division of Elections

You may respond to the allegation above by filing a notarized statement pIOviding any allegation" If you choose to days of the date you receive

~vE~stiga1:or's report

I and the reverse so that we can return the card 'to yoti.

r Attach. this ,card to the b .• ok of the mailpiece, or on the front, space permits.

Article Addressed to:

~5:lIe, 'F~l\woild ,

I K"PCIH ofInvestigation" You Based

i address drfferent from Item 11 If YES, enter delive~ address below:

t 0\ EctS1" llfHOVl '3h -"- ~~s:~============Ie is probable cause to believe .--t>-40" 3 Se"!!-ceType "... lll-'eertified Mail [J express Mall complainant will receive a

'\ v, __ ' Ii [JReglstered [JRetumRecelpttorMerchandlse of hearing will indicate the

A~~~~~~~~~V~LI:-.~t)~~~~~~~j[J~~~~[J~~~==~~==j~:~~i~ ak b f . , to mea rie oral

or call others to testifY, or

7004 1160 0004 9186 4139 Domestic Retum Receipt

ComO 11 (10/07) EXHIBIT __ """-___ --'---

I ..

~ "

OFFICE ACCOUNT REPORT {Secti.Qn 1P6 .. 14t, F .. $ .. }

(PL EAsE TYPE}

97(fij/

11 riM 13 AM 10: [6

DiVISiON Of ELECHO.NS SECRETARY OF STArE

'----~- "-.-~----- '".-"""~-... -~--------.. ~.- ~--"'"'--"'--------'"

Name Office fQ Whicli ~1E1ct!ld

RepJ:El~entativ(? Reggie FuUwoop $t9.te House of RllpresentatiV6!$

lItam<> of Sank .. B~mk.of Al1')efjQ.a

~:~r::2;1':~-~-__ -___ ~__J~;~~J:-]::--= This repbrt .cant;1i[lS. _~~ __ . __ . __ .• __ ._. __ . ___ ... __ .~ pagE$. bf Depa:;;its and

Dis):;).Llrsement$, upon which I hav~ written my tl1.ilta:I$(lQV~liilS the petiot! 'bf

~an~lary 1. 2011_. ___ . _ ......... _~ throqgh ~arcll ~.~, ~:Ql1_ ...... __ .. <

Balance (;In hand llt bef:1ihflil'1.~ {}1 rep.orting pi;!riod

Deposits dor;itl~ rep'-orting peri.pd

Djsbursem?nt$ during reporting peded

8'llance on hand at end of leport\tl~ perio~

$~!.~:~~ ... -.---~~~??-.--.--.--....... --$ 1,036,75

'_ ......... _ .... __ .. _'''; .. -.. ---"'''-,

L37 ai5 _ .... __ .... _ ... _._

i, .. . ,J.\;lcquelyn SOUP .. __________ -' certify fh:;lt this report is complete;, tru~ gnd ct)ffect

'--'"\

X ~----.. -,..-.

DS·DE48 (Rell .. 0s/p3)

EXHIBIT

r

OFFICE ACCOUNT DISBURSEMENT OR DEPOSIT INFORMATION

{PLEASE TYPe} -----------.. --------------- ----------------r---------------

AMOUNT DATE NAME: AND ADDRESS Pl)RFiO$E ---------.. ----

Disflursenrem Dep0sit

----------.-:--- ----------------,~--------- ---------"~,--=------~------, ,---~--~-~~~--~ 1114/11 HCiiUSe Member S¢tVI<:!e M?.nf1peJ Setvi~ $$2G,Oj)

Fund 1/18111 Tiki Graphics

1J25111

2/.21'1 1 M1:...K Pa(E\de

2111111 Cify, o.f Jacksotiville

219[111 Tax Co1!ee'tdl

'2/22/11 Le£jJsJ<i\ure Ti?g

.. 2128/11 MaifdertaiJ9s Fee

$'l?te 8eal Gw Magl1ets fQIl"arade. C$.l'iQIJ Rt'?¢eptl\:m

Rei;iiS\r~:fiQh -$- 2$_.00

ivU.,l( Brl¥iikfast $10JHIO

Cil¥ Pamn!] Oeoal $241)_OG

Ll~\i&e Plat", .. $12.:'t2()

t'OO.lking Account Ii> 1100 Ff*e

• e/::A/ll. "({I'IJ; 4~J+'(}I<lb'! p'i!,e .. Q, h~Ji.:rt> ~F;dI n 60 -F<l:'<e" ,i;)ates

teffecid<lte ~f lI\'itp!1rawa,1 ortleblt, fltlt(jate wrilteli; therefqrE! these (jisQl)rsem 6nls reflect 2nd qu"rter accounting

ELECTED OFFlCIAVS INiTIALS

OS:-DE MlA .. (Rev_ .. Q8103j

TOTAL

$.1,U<)6 .... 75

TOTAL

~~ __ .. ~ ___ .... ___ --'---_,..-l'-----

--- .. - .. --.... -----------

(

FLORIDA DEPARTMENT OF STATE, DIVISION OF ELECTIONS

CAMPAIGN TREASURER'S REPORT SUMMARY

(1) Reggie Fullwood (2) 50294.

Candidate, Committe or Party Name I D Number

(3) 8146 Broward Cove Road Jacksonville FL 32218-0000

Address (number and street) City . State Zip Code o Check box if address has changed since last report

(4) Check appropriate box(es):

~ Candidate (office sought):

o Political Committee o Check If PC has DISBANDED

o Committee of Continuous Existance o Check If CCE has DISBANDED

o Party Executive Committee

(5) REPORT IDENTIFIERS

Cover Period: From 10/29/2010 To 01i31/2011 Report Type: TR

o Original IRI Amendment 0 Special Election Report

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

Cash & Checks $5,400.00 Monetary Expenditures $000

Loans $000 Transfers to Office Account $0.00

Total Monetary $5,40000 Total Monetary $0.00 --

In-Kind $000 (8) Other Distributions

--

-_.- -Certification

It is a first degree misdemeanor for any person to falsify a public record (ss 839.13, F.S ) - -

I cer)ify that I have examined this report and it is I certify that I have examined this report and it is true, correct and complete true, correct and complete

-- -Name of D Treasurer' o Deputy Treasurer Name of E9 Candidate o Chaiman (PC/PTY Only

L( L(

Signature Signature

Prepared on: 4/2111112:27:38PM Reviewed On: 4/19/11 12:35 pm

ID: 50294 CAMPA( ~EASURER'S REPORT -'liEMIZEDI:. Name: Reggie Fullwood

Seq # Full Name

(Last, Suffix, First, Middle Date Street Address & City, State, Zip

I" 1 ;PAC . p.o, BOX 10269

10/14/2010 TALLAHASSEE FL 32302

I" 2 ;;~~';~~ ~A~':-~~;~~~N~~' w"'"'' 100

10/11/2010 MAITLAND FL 32751

I" 2 341 NORTH MA~':-~ND AVEN~~' w""'" '00

10/0412010 MAITLAND, FL. 32751

" 3 BUILDING FLORIDA FUT~~~

10121/2010 PO BOX 10569 'TAli AI<., ,FL 32302

I" 3 ~~~~'I';:;G FLORIDA FU';~~~

10/27/2011 P,O. BOX 10569 ., .?>n?

I" 4 139 PONTE VE~~~YBLVD

10/21/2010 PONTE VEDRA BEACH_ Fl32082

.. ' ~~~~~~;I'~~ SERVICES.I~~" I,,~ M"U

10/28/2010 P,O BOX 350609 I., FL 32235

0 ~AK:~~. 801 RIVERSIDE AVENUE, SUTIE 500

10/25/2010 JACKSONVILLE Fl 32202

!' 6 ~.K~~:_EDWARD B01 RIVERSIDE AVENUE, SUTIE 500

10/26/2009 JACKSONVILl.E FL 32202

" 7

Report: 2011 TR *t Records in FHed Report "*

Contributor Occupation

Type In-Kind I

B PAC

CHE

C PAC

CHE

C PAC

CHE

B BUSINESS ASSOCIATION

CHI::

B BUSINESS ASSOCIATION

CHI::

I CORPORATE EXECUTIVE

CHE

B CONSULTING SERVICES

CHE

1 BUSI,NESS EXECUTIVE

CHE

I BUSINESS EXECUTIVE

CHE

RIBUTIONS Page 1 of 1

Period: 10/29/2010 to 01/31/2011

Amount

Amend

$500,00

$500,00

UPO

$50000

History 02/01/11

$50000

UPO

$50000

History 02101/11

$50000

UPO

$20000

History 02/0l/II

1 O~~'~';,'; A~~~~ M; ~~;;~-~~~~ B REAL ESTATE MANAGEMENT $50000

10/21/2010

," . 10/19/2010

r

• 10/28/2011

" 9

10/13/2010

" 9

10/06/2010

1U

10!21/2010

, 11

10/19/2010

," 12

10/13/2010

, 12

10108/2010

.' 13

10/13/2010

JACKSONVILLE, Fl 33701

~~~'~~~I~~T~~DL~Rb~~ ~~~~~C PAC 5530 BEACH BLVD J! LLE, FL 32207

~o.~DE_R. ()~ POLICE. CONSOLIDATED LODGE 5·30, INC PAC 5530 BEACH BLVD

liP, FL 32207 ,MANNA & I 'P L

800 WEST MONROE STREET JACKSONVILLE, Fl. 32202

800 WEST :;~~;E& STREET )PL

JACKSONVILl E, FL. 32202

FRISCH HANS 9252 SAN JOSE Bl VD #4401 JACKSONVILLE. FL 32257

1 PO, BOX 150 TALLAHASSEE FL 32302

880 CARILLON PARKWAY .v"".,,, '00

ST PETERSBURG FL 33716

CUMMII Icc 880 CARILLON PARKWAY ST PETERSBURG, FL 33716

P 0, BOX 9406~ ~~d FOR THE I

MAITLAND, Fl 32794

I

I

;PUBUC

i I

• Incomplete Record '-"-~HIBiT \

CHE

C PAC

CHE UPD

C PAC $500.00

CHE History 02101111

B ATTORNEYS $25000

CHE UPD

B ATTORNEYS $25000

, CHI:: History 02/01/11

B BUSINESS EXECUTIVE $15000

CHE

I BUSINESS EXECUTIVE $30000'

CHE

C ELECTIONS COMMITTEE $50000

CHE UPD

C ELECTIONS cuN"~111 100

CHE History 02101111

B 8USINESS ASSOCIATION

CHE ADD

Prepared on: 4f21/1112:27:38PM

ID: CAMPA(' _.<EASURER'S REPORT ·-ITEMIZED (' ~DnURES Page 1 of 1

Name: ReggieFuliwood Report:2011. TR Period: 1012912010 to 0113112011 ~(: Records in Filed Report ~

Full Name Amount Seq # (Last, Suffix, First, Middle Type Purpose Date Street Address & City, State, Zip Amend

~ Incomplete Record Reviewed On: 4/19/11 12:35 pm Prepared on: 4/21/11 12:27:39PM

I , STATE OF FLORIDA ,

FLOlUDA ELECTIONS COMMISSIQN

InRe: RF

------------------------~/ CaseNo.' FEC 11-299 Subpoena No: 11-299'-02

SUBPOENA DUCES TECUM VVITHOUT DEPOSITION

THE STATE OF FLORIDA:

TO: Bank of Alnerica, NA Northeast Legal Order Pro,ces1 ¥':fll.:;:ll;=l::t;Jt;I NY7-501-0l-l6 ~

5701 Honlt~

Dated on -'--<p.-l.~!."'-''--'

Contact Attorney:

EIic Lipman, General Counsel 107 W. Gaines Street Collins Building, Suite 224 Tallahassee, FL 32399-1050 (850) 922-4539

Sub003 07/1])

to Section 106.26, Florida Statutes, to )Jitl!&~fh9_ 2012, atlO:OO a .. m.., and .to have with

;Re]pre:sentative Reggie Fullwood or

account through January 31,

of the account through

31,2012

not be required to surrender the !lIe,A0I~unlenlts requested on or before the

~~i()I?J~illd thereby eiilninate your appearan:ce

Statutes, provides that any penon who

Bank of America Legal Order Processing 5701 Horatio Street Utica, NY 13502

February 27,2012

FLORIDA ELECTIONS COMMISSION ERIC LIPMAN 107 GAINES STREET COLLINS BLDG STE 224 TALLAHASSEE, FL 32399

RE: Reference # U021612000050 Case: REGGIE FULLWOOD

i ..

n~CI!:'H/rrn f\ I2 . Gf· '" CU} ". . ... -.. ,,,'

BankofAmerica ......

Bank of America, NA. ("the Bank") received the above-referenced subpoena and ~esponds as followS:

The Bank is unable to locate any of the records requested with the information provided ..

If you have any questions, please contact the party listed below .. Should you need to forward any additional correspondence to us regarding this matter, please direct it to the address noted above. When contacting the Bank regarding this matter, please use the Reference # U021612000050.

Legal Order Processing 315-734-8300 Option 3

(f'iV

OO·H·2427B 02 .. 2005

History:

, I.

RE: FW: Your phone message.""" Holdeen, Theresa A, to: Tracie Aulet

This message has been replied to

04/12/201203:21 PM

Oh, sorry, is that the 2011 Q2 that you were asking about? His office account report? No, he has NOT file any of his office account reports" "the last one we received from him was a hard copy for 2011 Q1 office account report,

Theresa Bureau of Election Records (850) 245-6250

This response is provided for reference only and does not constitute legal advice or representation" As applied to a particular set of facts or circumstances, interested parties should refer to the Florida Statutes and applicable case law, and/or consult a private attorney before drawing any legal conclusions or relying upon the information provided, Please note: Florida has a very broad public records law Wr'itten communications to or from state officials regarding state business constitute public records and are available to the public and media upon request unless the information is subject to a specific statutory exemption, Therefore, your e-mail message may be subject to public disclosure,

-----Original Message-----From: Tracie Aulet [mailto:Tracie.Aulet@myfloridalegal,com] Sent: Thursday, April 12, 2012 3:20 PM To: Holdeen, Theresa A Subject: Re: FW: Your phone message

Thanks for the info" ,just to clarify, he has or has not filed his 2011 Q2 office account report???

Tracie L" Aulet Investigation Specialist II Florida Elections Commission The Collins Building, Suite 224 107 West Gaines Street Tallahassee, FL 32399

Please note that Florida has a broad public records law, and that all correspondence to me via e-mail may be subject to disclosure,

From: To: Date: Subject:

lIHoldeen, Theresa A II <Theresa Holdeen@DOS,MyFlorida,com> <Tracie "Aulet@myfloridalegal,com> 04/12/2012 03:17 PM

FW: Your phone message

Ok, the 2nd part of your question ,Yes he finally did file the 2011 Q2 ,it was due on July 11, 2011, and he filed it on July 14, 2011.

, I "

Let me know if you need any more info on our 'buddy' FYI .... probably after qualifying, but I'll be referring him for failure to file his 2011 Q4 office account report as well (if I haven't already) .... too busy to check my files at the moment ... , ... ,Also, he hasn't filed his 2012 Q1 (Office account). but I'm just today sending out those failure to file letters.,

Hollar if you need more info ...

Theresa Bureau of Election Records (850) 245-6250

This response is provided for reference only and does not constitute legal advice or representation., As applied to a particular set of facts or circumstances, interested parties should refer to the Florida Statutes and applicable case law, and/or consult a private attorney before drawing any legal conclusions or relying upon the information provided Please note: Florida has a very broad public records law. Written communications to or from state officials regarding state business constitute public records and are available to the public and media upon request unless the information is subject to a specific statutory exemption, Therefore, your e-mail message may be subject to public disclosure

Florida is headed in the r'ight direction!

VivaFlorida500 Click to Enlarge (Embedded image moved to

commemoration of Florida's file: pic32391.jpg)

The Department of State is leading the 500th anniversary in

2013 For more information, please go to www .. fla500 .. com.

committed to excellence ..

Satisfaction Survey

From: Holdeen, Theresa A Sent: Thursday, April 12, 2012 2:15 PM To: Tracie .. [email protected] Subject: Your phone message, Importance: High

Good Afternoon Ms.. Tracie,

The Department of State is

Please take our Customer

Sorry I'm just now getting back to you.. ..extremely busy over here!!! I'll shoot you an email with the info you requested about our buddy ...... ,but right now our systems seem to be down, and I can't get into any of my programs,

EXHIBIT

/ /

I. I ,

I can tell you now, that he has NOT filed any of his office account reports ...... the last one we received from him, was a hard copy of the 2011 Ql, which he did not reflect transferring into an office account from his TR report.

As far as his campaign accounts .. ,as soon as our programs come back up ........ I'll let you know ..

Busy, busy, busy with youll!

Theresa

. I miss talking to you too girlfriend ..

Bureau of Election Records (850) 245-6250

Hope all is well

This response is provided for reference only and does not constitute legal advice or representation. As applied to a particular set of facts or circumstances, interested parties should refer to the Florida Statutes and applicable case law, and/or consult a private attorney before drawing any legal conclusions or relying upon the information provided. Please note: Florida has a very broad public records law .. Written communications to or from state officials regarding state business constitute public records and are available to the public and media upon request unless the information is subject to a specific statutory exemption. Therefore, your e-mail message may be subject to public disclosure

Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure

EXHIBiT -1.L-,~t213~("'-' ...:..$ 4~f-">

( ,

FLORIDA DEPARTMENT OF STATE Kurt S. Browning

February 3, 2009

Mr .. Reggie Fullwood 8146 Bmward Cove Road Jacksonville, Florida 32218

Dear Me Fullwood:

Secretary of State

DIVISION OF ELECTIONS

This will acknowledge receipt of the Appointment of Campaign Treasurer and Designation of Campaign Depository for the office of State Representative, along with your Loyalty Oath which was placed on file in our office on January 30,2009 .. Your name has been placed on the 2010 active candidate list However, a new Loyalty Oath must be filed during the qualifying period along with the other qualifying documents

Campaign Treasurer's Reports

YOUI' first campaign treasurer's report will be due April 10, 2009 This lepolt will cover the period of Jauuary 1 - Marth 31, 2009.. All candidates who file lepolts with the Division of Elections are required to file by means of the Division's electmnic filing system (EFS)

Credentials and Sign-ons

Below is the web address to access the EFS and your user identification number The enclosed sealed envelope contains your initial password Once you have logged in using the initial password, you will be immediately prompted to change it to a confidential sign-on. You, your campaign treasurer, and deputy treasurers are responsible for protecting these passwords from disclosure and are responsible for all filings using these credentials, unless the Division is notified that your credentials have been compromised

EFS Web site Addr'ess: https:llefs dos state .. tl us Identification Number: 50294

eXHIBIT 1 D P11' / 'lfJ Division of Elections

R. A. Gray Bnilding, Room 316 • 500 South Bronough Street • TaUahassee, Florida 32399-0250 Telephone: (850) 245-6240 • Facsimile: (850) 245-6260

elections.myfiorida,com

Mr. Reggie Fullwood February 3, 2009 Page Two

Pin Numbers

c

I.

Pin numbers are confidential secure credentials that allow you to submit reports and update personal information The enclosed sealed envelopes contains a confidential pin number for you By copy of this letter, a confidential PIN number to access the Division of Election's electronic filing system was sent to your treasurer

Each candidate is required to pIOvide the Division of Elections with confidential personal infOimation that may be used to allow access in the event that password is forgotten or lost. When you enter the campaign account screen, there will be a drop down box where you pick a question (such as What isyour mother's maiden name?) and supply an answer All passwords and answers to questions ar·e stored as encrypted data and cannot be viewed by Division staff and given out over the phone Please notify the Division if your credentials have been compromised

:fimely Filing

All reports filed must be completed and filed through the EFS not later than midnight ofthe due date.. Reports not filed by midnight of'the due date are late filed and subject to the penalties in Section 106.07(8), Florida Statutes .. In the event that the EFS is inoperable on the due date, the repolt will be accepted as timely filed if filed no later than midnight of the first business day the EFS becomes operable No fine will be levied dUIing the period the EFS was inoperable

Any candidate failing to file a report on the designated due date shall be subject to a fine of $50 per day for the first 3 days late and, thereafter, $500 per day for each late day, not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late repOit However, for reports immediately preceding each primary and general election, the fine shall be $500 per day for each late day, not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late repolt

Electronic Receipts

The person submitting the report on the EF S will be issued an electronic receipt indicating and verifying the repolt was filed. Each campaign treasurer's report filed by means of the EFS is considered to be under oath by the candidate and campaign treasurer and such persons are su~ject to the provisions of Section 106.07(5), Florida Statutes

EXHIBIT

Mr .. Reggie Fullwood FebIuary 3, 2009 Page Three

" I.

Instructions and Assistance

An online instIUction guide is available to you on the EFS to assist with navigation, data entry, and submission ofrepoIts The Division of Elections will also provide assistance to all users by contacting the EFS Help Desk at (850) 245-6240

All of the Division's pUblications and reporting forms ue available on the Division of Elections' web site at http://elections.myflorida.com.Itis your responsibility to read, understand, and follow the requirements of Florida's election laws. Therefore, please print a copy of the following documents: Chapters 104 and 106, Florida Statutes, Candidate and Campaign Treasurer Handbook (June 2008 edition), 2009 Calendar of Reporting Dates, and Rule 1S-2.017, Florida Administrative Code.

Please let me know if you need additional information

Sincerely,

~~,~~~ Kristi Reid Bronson, Chief Bureau of Election RecOIds

KRB/jmc

Enclosures

pc: Mr.. Darryl R Jackson, TreasureI

EXHIBIT 10 4Ctf13~ ;. ( 3

CANDIDATE AND


July 2010


R.A Gray Building, Room 316 500 South Bronough Street

Tallahassee, Florida 32399-0250 Phone: 850245.6240

EXHIBIT

Table of Contents

Chapter 1 - Explanation ..

Chapter 2 - The Campaign Financing Act ...

Chapter 3 - Offices Up For Election" . Federal Offices State Offices Multicounty and District Offices County Offices. Judicial Retention (Nonpartisan) Circuit Judges (Nonpartisan) County Court Judges (Nonpartisan)

Chapter 4 - Dates to Remember ..... .

. ............. 1

. ....... 2

.3 3 3 3 3 3 3 3

Chapter 5 _. Glossary of Terms ..... . ............................................... 7

Chapter 6 - Becoming a Candidate ... What to File Filing Officer Resign-to-Run . Federal Hatch Act for State and Local Employees Federal Hatch Act for Federal Employees Changing Parties for Partisan Offices Changing the Designation of Office Pro Rata Refund Example

Chapter 7 - Statement of Solicitation...... . ......•.......... Who Must File Form DS-DE 102, Statement of Solicitation When to File Penalty for Late Filing Public Website and Mission Statement Additional Reporting

Chapter 8 - Prohibited Acts ... Speaking at Political Meetings Using State-Owned Aircraft or Motor Vehicle .. Using Services of State, County, Municipal, or District Officers or Employees Making Contributions in the Name of Another Solicitation from Religious, Charitable and Civic Organizations Accepting Contributions in a Government-Owned Building Making Malicious Statements Certifying a False Report Limitations on Political Activity for Judicial Candidates

Chapter 9 - Campaign Treasurers Appointing Campaign Treasurers and Deputy Treasurers Duties and Responsibilities Resignation or Removal

Chapter 10 - Campaign Depositories ... Primary Campaign Depository Secondary Campaign Depository

EXHIBIT

. ............. 10 10 11 11 12 12 12 13 13

. ...... 14 14 14 14 14

. 14

......... 15 15

.15 15

. 15 15

.16 16 16 16

........... 18 18 18 20

. ........... 21 21 21

(

Separate Interest-Bearing Accounts and Certificates of Deposit Campaign Checks Debit Cards Credit Cards

Chapter 11 - Contributions, ' Unauthorized Contributions Anonymous Contributions In-Kind Contributions Loans. Cash Contributions Debit and Credit Card Contributions Contribution Limits for Candidates Foreign Contributions 2010 Deadlines for Accepting Contributions Violations

Chapter 12 - Expenditures, Definition General Requirements Checks Living Expenses Petty Cash Funds Limits on Petty Cash Fund Amounts Independent Expenditures Credit Cards Debit Cards Electioneering Communications .. Expenditures for Electioneering Communications

Chapter 13 - Political Advertising, , .. , .. Candidate Disclaimers Non-incumbent Advertisements, ,

Chapter 14 - Other Disclaimers" Endorsements Independent Expenditure Disclaimers Disclaimers for Other Than Independent Expenditures Disclaimers on Novelty Items Language Other Than English .. , Electioneering Communications Disclaimers Other Political Disclaimer Examples, Miscellaneous Advertisements.,

(

Use of Closed Captioning and Descriptive Narrative in all Television Broadcasts

Chapter 15·- Fund Raisers '''''' , Contributions from Fund Raisers Expenditures for Fund Raisers Tickets, Advertising

Chapter 16 - Solicitation '" Telephone Solicitation .. Telephone Solicitation, Registered Agent

Chapter 17 - Filing Campaign Reports.,

II

EXHIBIT U f)46j ;? ~ ( ) (

,22 22 23 23

""""""",24 24 24 25 25 25 26 26 27 27 28

""""",."",29 29 29 29 30 30 30 31 32 32 33 34

",35 35

, 38

39 39 40 40 41 41 41 41 43 43

, ",."""",44 44 44 44 44

45 45 46

""""'" ,.,,47

Where to File When to File Penalty for Late Filing Waiver of Report, Incomplete Reports Reporting Total Sums Reporting Contributions, Returning Contributions, Reporting Expenditures Special Requirements for Judicial Candidates

(

Chapter 18 -, Termination Reports"" Prior to Disposing of Surplus Funds Disposing of Surplus Funds Money from Separate Interest-Bearing Account or Certificate of Deposit Campaig n Loans Report

Chapter 19 - Electronic Filing of Campaign Reports" " , Accessing the EFS Creating Reports., Submitting Reports Electronic Receipts

Chapter 20 - Office Accounts '" ' Using the Office Account " Reporting Office Account Funds

Chapter 21 - Recordkeeping, Receipt and Inspection, Contributions Expenditures .,' Preservation of Accounts Inspections

Chapter 22 - Bookkeeping Suggestions,,,,

Chapter 23 - Florida Elections Commission" Automatic Fine Appeal Process Complaint Process

Chapter 24- Frequently Asked Questions ''''',' Candidates Campaig n Advertising Campaign Finance

III

EXHIBIT _II-\o.L ""'f4~f),I"'/f.::.#~gU(;'"

" 47 47

.48 48

.48 48

,48 49 49 50

" ,,51 51 51 52 53

, ,,54 54

,54 54 55

, .. "",56 56 57

,,58 ,58 58 59 59

, ",,60

" 61 61 61

" 62 62 63 64

;

I /

Chapter 1 Explanation

The information contained in this publication is intended as a quick reference guide only and is current upon publication. Chapters 97-106, Florida Statutes, the Cons.titution of the State of Florida, Division of Elections' opinions and rules, Attorney General opinions, county charters, city charters and ordinances, and other sources should be reviewed in their entirety for complete information regarding campaign financing and qualifying

In addition, the following publications produced by the Florida Department of State, Division of Elections should be reviewed for further information regarding candidates and committees:

• State Qualifying Handbook

• Federal Qualifying Handbook

• Calendar of Reporting Dates

All forms and publications are available on the Division of Elections' website at http://elections.myflorida.com ..

Please direct any questions to either your county supervisor of elections or the Florida Department of State, Division of Elections at 850 245 6240 Below you will find some other useful websites:

Florida Division of Elections

Florida Elections Commission

http://elections. myflorida. com

http://www.fec.state.fl.us

Florida Elected Officials. http://election.dos.state.fl.us/contact-us/contact-elected-officials.shtml

Florida Supervisors of Elections

Florida Association of City Clerks

Florida Attorney General

Federal Election Commission

https://doe.dos.state.fl.us/SOE/supervisor elections.shtml

. http://www.floridacierks.org

http://myfloridalegal.com

http://www.fec.gov

1

EXHIBIT /l P'j' :s,~ r(

Chapter 2 The Campaign Financing Act

Chapter 106, Florida Statutes, regulates campaign financing for all candidates, including judicial candidates, political committees, committees of continuous existence, electioneering communication organizations, and political parties It does not regulate campaign financing for candidates for federal office or candidates for a political party executive committee ..

The Division of Elections:

• Oversees the interpretation of and provides guidance on the election laws

• Provides advisory opinions to supervisors of elections, candidates, local officers having election related duties, political parties, political committees, committees of continuous existence, or other persons or organizations engaged in political activity, relating to any provisions or possible violations of Florida election laws with respect to actions such person or entity has taken or proposes to take (Section 10623(2), F S)

• Prescribes rules and regulations to carry out the provisions of Chapter 106, Florida Statutes (SectJon 106.22(9), FS)

2

Chapter 20 Office Accounts

f

\

A candidate elected to office or a candidate who will be elected to office by virtue of his or her being unopposed may, in addition to disposing of all the funds in the campaign account in accordance with Section 106141(4), F S, transfer funds from the campaign account to an office account any amount up to the limits listed below:

1. $20,000 for a candidate for statewide office;

2 $5,000 for a candidate for multicounty office;

3 $5,000 multiplied by the number of years in the term of office for which elected for a candidate for legislative office;

4 $2,500 multiplied by the number of years in office for which elected for a candidate for county office or for a candidate for any election on less than a countywide basis;

5 $6,000 for a candidate for retention as a justice of the Supreme Court;

6 $3,000 for a candidate for retention as a judge of a district court of appeal;

7 $1,500 for a candidate for county court judge or circuit judge

(Section 106. 141 (5), F. S )

Using the Office Account

The office account must be separate and apart from any other account, including any other type of "office account" such as a legislative account Any funds so retained by a candidate must be used only for legitimate expenses in connection with the candidate's public office, which may include:

1 Travel expenses incurred by the officer or staff member;

2 Personal taxes payable on office account funds by the candidate or elected public official; or

3 Expenses incurred in the operation of his or her office, including employment of additional staff

As the duties and responsibilities of each office are different, what are considered "legitimate expenses in connection with the candidate's public office" will vary. For additional information, please contact the legal or accounting department for your office

If a candidate is re-elected to office or elected to another office and has funds remaining in the office account, the candidate may transfer surplus campaign funds to the office account However, at no time may the total funds in the office account exceed the limitation imposed by Section 106.141(5), F S

(Section 106.141(5), F.S)

56

EXHiBIT 1I/~e 1 ~ ~

(


A candidate is required to file a report on the 10th day following the end of each calendar quarter following the 90-day termination report until the office account is closed by filing:




A charitable organization or organizations that meet the requirements of Section 501 (c)(3) of the Internal Revenue Code; or,



Such reports shall be signed by the candidate, certified as true and correct and filed with the officer before whom campaign reports were filed

(Section 106141(5) and (8), F S, and Division of Elections Opinion 06-04)

57

EXHIBIT _.u..J1-l'P'"'Yr-"%U:~f'r'&"""

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To: "Self, Lana" <[email protected]> Cc: Bcc:

,. I

Subject: Re: Reginald Fullwo.od ===--_ ...... _ ... __ ._ .. __ .. _ ... _ .... _-_._ ... _ .. _-_ ... _ ... _ ....... _ ... _ ..... _--_ ..... __ .. __ ........ _ ....... _ ..... _ ..... _ ....... "" ....... -Thank you for your assistance

Margie B. Wade Investigation Specialist II Florida Elections Commission 107 West Gaines Street, Suite 224 Tallahassee, FL 32399 850-922·4539 (phone) 850-921·0783 (fax)

"Self, Lana"

From: To: Date: Subject:

Margie,

Margie, I apologize. Mr. Fullwood was defeated i

"Self, Lana" <[email protected]> "margie.wade@myfloridalegalcom" <margie wade@myfloridalegalcom> 04/02/2012 11 :31 AM Reginald Fullwood

04/02/201211:31:521\M

I apologize. Mr, Fullwood was defeated in 2006 when he ran for State Representative He was elected to City Council, Dist 9 in 1999 and re-elected in 2003 .

. £anaseq, Candidate and Records Assistant

Ph (904) 630-8010 Fax (904) 630-1894

Duval County Supervisor of Elections Office

105 E Monroe Street

Jacksonville, Fl 32202 "'Please note that under Florida's very broad public records law, e·mail communications to and from city officials are subject to public disclosure •••

EXHIBIT _.t-12 ... ,'--__

November 2, 2010 General Eler,/' '1 (

FloF'ida Department of State Division of Elections

November 2, 2010 General Election

Official Results

State Representative Distl'ict: 15

Randy Reggie Smith Fullwood

County (REP) (OEM)

Duval 9,870 19,805

Total 9,870 19,805

% Votes 33.3% 66,7%

EXHIBIT .... 1 ..... 3'--__

Page I of 1

httns:lldoe.dos.state.fl.us/eiectionsiresultsarchivelDetaiiRpt Asp?ELECTIONDA TE= 1112/2 " 4/212012

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STATEMENT OF CANDIDATE

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

(Please Type)

OFFICE USE.Q~L Y F,$ r:"'O .. ~, "OlL! s::::

09 JAN 30 AM II: 3S

OIV/::,L;; i ", '""T SEeR:";:' ~;yt,;..:;,v lOllS

c,II\" Or STATE

I, Reginald N Fullwood

candidate for the office of State House of Representatives - District 15

have received, read and understand the requirements of Chapter 106,

Florida Statutes

x 1/10109

Date

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), 106265(1), Florida Statutes)

OS-DE 84 (Rev. 03/08)

EXHIBIT _,-I L(.l.-__ _

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FLORIDA ELECTIONS COMMISSION 1 07 W. Gaines Str eet,

Suite 224 Collins Building Tallahassee, Florida 32399-1050

Telephone: (850) 922-4539 Fax: (850) 921-0783

March 9, 2012

CERTIFIED MAIL 70041160000491864139

The Honorable Reggie Fullwood 101 East Union Street, # 402 Jacksonville, Florida 32202-3065

RE: Case No.: FEC 12-027


On April 27, 2011, the Florida Elections Commission received refenal information alleging that you violated Florida's election laws .. I have reviewed the referral and find that it contains one or more legally sufficient allegations. Along with all allegations in the complaint, the Commission staff will investigate the following alleged violation:

Section 106.141(8), Florida Statutes: Reggie Fullwood, candidate for State Representative, District 15, failed to file his 2011 Q3 Office Account report, as alleged in the refenal from the Division of Elections.

You may respond to the allegation above by filing a notarized statement providing any information regarding the facts and circumstances surrounding the allegation If you choose to file a response to the alleged violation, you should do so within 20 days of the date you receive this letter Your response will be included as an attachment to the investigator's report

When we conclude the investigation, you will receive a copy ofthe Report ofInvestigation You may file a response to the report within 14 days from the date the report is mailed to you. Based on the results of the investigation, legal staff will make a written recommendation to the Commission on whether there is probable cause to believe you have violated Chapter 104 or 106, Florida Statutes You will receive a copy of the Staff Recommendation and may file a response within 14 days from the date the recommendation is mailed to you Your timely filed response(s) will be considered by the Commission when determining probable cause

The Commission will then hold a hearing to determine whether there is probable cause to believe you have violated Chapter 104 or 106, Florida Statutes You and the complainant will receive a notice of hearing at least 14 days before the hearing The notice of hearing will indicate the location, date, and time of yoU! hearing. You will have the opportunity to make a brief oral statement to the Commission, but you will not be permitted to testifY or call others to testifY, or

ComO II (10/07)

(

inhoduce any documentary or other evidence .. The Commission also may allow the complainant to make a brief oral statement

At any time befi:lIe a probable cause finding, you may notify us in writing that you want to enter into negotiations directed towards reaching a settlement via consent agreement.

The Report of Investigation, Staff Recommendation, and Notice of Hearing will be mailed to the same address as this letter. Therefore, if yow address changes, you must notify the investigator assigned to this case of your new address .. Otherwise, you may not receive the conespondence from the staff Failwe to receive the documents will not delay the probable cause hearing ..

Under section 10625, Florida Statutes, complaints, Commission investigations, investigative reports, and other documents relating to an alleged violation of Chapters 104 and 106, Florida Statutes, are confidential until the Commission finds probable cause or no probable cause The confidentiality provision does not apply to the person filing the complaint However, it does apply to you, the Respondent, unless you waive confidentiality in writing. The confidentiality provision does not preclude you from seeking legal counsel However, if you retain counsel, your attorney must file a notice of appearance with the Commission before any member of the Commission staff can discuss this case with him or her.

If you have any questions or need additional information, please contact Margie Wade, the investigator assigned to this case, at extension 113.

Sincerely,

t;?~,a~, Rosanna Catalano Executive Director

cc: Division of Elections, ComplainantlFiling Officer

ComO II (8108)

-SENDER: COMPLETE THIS SECTION

• Complete Hems 1. 2. and 3" Also complete Hem 4 ff Restricted DelivaI)' Is desired.

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FLORIDA ELECTIONS COMMISSION 107 W, Gaines Street,

Snite 224 Collins Building Tallahassee, Florida 32399-1050

Telephone: (850) 922-4539 Fax: (850) 921-0783

February 10, 2012

CERTIFIED MAIL 70042510000134566688

Reggie Fullwood 101 East Union Street, Suite 402 Jacksonville, Florida 32202-3065

RE: Case No,: FEC 12-027, Respondent: Reggie Fullwood

Dear Mr Fullwood:

On February 10, 2012, the Florida Elections Commission received the enclosed complaint alleging that you violated Florida's election laws Section 10625(2), Florida Statutes states:

The respondent shall have 14 days after receipt of the complaint to file an initial response, and the executive dir ector may not determine the legal sufficiency of the complaint during that time period

If you choose to file a response to the complaint, please send it to my attention at the address listed above" To ensure that I receive your response in a timely manner, you may also want to send it via e-mail to my attention, at [email protected] You will be notified by letter whether the complaint is determined legally sufficient Please note that all correspondence fiom this'office will be mailed to the same address as this letter, Therefore, if your address changes, you must notify us of your new address

Under section 10625, Florida Statutes, complaints, Commission investigations, investigative reports, and other documents relating to an alleged violation of Chapters 104 and 106, Florida Statutes, are confidential until the Commission finds probable cause or no probable cause The confidentiality provision does not apply to the person filing the complaint However, it does apply to you, the Respondent, unless you waive confidentiality in writing

The confidentiality provision does not preclude you from seeking legal counseL However, if you retain counsel, your attomey must file a notice of appearance with the Commission before any member of the Commission staff can discuss this case with him or her..

Enclosure: Complaint w/attachments

Sincerely,

{J~~. Ytl+f~ Donna Ann Malphms Agency Clerk

Reggie Fullwood

( DIVISION OF ELECTIONS

FEC REFERRAL FORM

The Division of Elections is referring this issue to the Florida Elections Commission pursuant to Section 10622(7), Florida Statutes, which requires the Division of Elections to notify the FEC of any failure to file a report required by Chapter 106, Florida Statutes. Section 106.141(8), Florida Statutes, requires the elected official to file a report on the 10th day following the end of each calendar quarter, until the account is closed

The following report is outstanding after notification:

2011 Q3 Office Account Report

Sent By: Kristi Reid Bronso~) tiP, Date: February 8, 2012 p--'"'

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STATE OF FLORIDA County of Leon

AFFIDAVIT

, I


I This affidavit is made upon my personal knowledge ..

2.. I am of legal age and competent to testify to the matters stated herein..

3. Reggie Fullwood was a candidate for the office of State Representative, District 15, dUling the 2010 election cycle Representative Fullwood was elected to this office November 2,2010. The office account report that was due on October 10,2011 (Q3) has not been filed

4 On October 13, 2011, the Division mailed Representative Fullwood a failUie to file notice regal ding this office account report

5.. On October 26, 2011, the Division mailed Representative Fullwood a second notice regarding this office account report

6.. On December 16, 2011, the Division mailed Representative Fullwood a final notice regarding this office account report

'7 As of FeblUary 9, 2012, the Q3 office account report has not been filed ..

I hereby swear' or affirm that the foregoing information is true and correct to the best of my knowledge.

INV035 (5/00)

~ Q !SLlOd)Q\,. \bC:Q OQ,q Signature of Affiant

Sworn to (or affirmed) and subscribed this ,!!th day of February, 2012.

Prj ,Type, or Stamp Commissioned Name of otary Public

Personally Known --t--'/2~"""'~~~='7=:;:;;"''''''''' .. ,.'1P.'Y'W·' •. , JOEl MYNARD '''fl:' .,¥.% MY COMMISSION # DO 962588 l*\ }., EXPIRES: May 16, 2014 ~~ ..... ~4$ Bonded Thru Notary Public UnderMiters -';'~Rr"r,.·

lk VA flORIDA500.

, I.

FLORIDA DEPARTMENT OT STATE , '.

RICK SCOTT Governor


FINAL NOTICE

December 16, 20 I I

The Honorable Reggie Fullwood State Representative, Distr ict 15 101 East Union Street, Suite 402 Jacksonville, Florida 32202-3065


According to a review of the Division's records, yOu have not filed the following office account report:

Year

201 I

Report

Q3

Due Date

October 10, 20 I I

The Division has previously notified you that the reports that are outstanding Enclosed are copies of letters sent by the Division. Please file this report immediately The Division is required by Section 10622, F lorida Statutes, to notify the Florida Elections Commission any failure to file a report required by Chapter 106 Section 106265(1), Florida Statutes, authorizes the Florida Elections Commission to impose civil penalties of up to $1,000 per violation

If you have any questions please call (850) 245-6240.

Sincerely,

~-C~~d ~1l~-Kristi Reid Bronson, Chief Bureau of Election Records

.,.e.vJ- ..... . ..... .' ... l-&... . s ..... ~ ..... .

,u;, ~ _ \ "'-d)(yJ~~ \ V\JI. (),\..JJ;>v V"<.. c;.Mj§l. (

KRB/tah

~~2ft ~ a-o-;,:;} ~.~.~ ~~'c.,. ~\~V'L ~~ Enclosures

R A Gray Building • 500 South Bronough Street • I allahassee, ~Iorida 32399-0250 Telephone: (850) 245-6240 • Facsimile: (850) 245-6259 www,dos,statefIus

Commemotating 500year~ of Florida history www"fiaSOO,com

VIVA flORIDA 500

RICK SCOTT Governor

SECOND NOTICE

October 26, 2011

The Honorable Reggie Fullwood 101 East Union Street, Suite 402 facksonville, Florida 32202-3065


KURT S. BROWNING Secretary of State

A review of our records reflects that you have failed to file the office account report due October 10,2011, pursuant to Section 106J41, Florida Statutes

The first notice of the failure to file the above mentioned report was mailed via regular mail to the address on file with our office on October 13,2011 As of this date, we do not show a record of receiving this report

Please be advised that failure to file an office account report may constitute a violation of Chapter 106, Florida Statutes,

Jfyou have any questions, please contact us at (850) 245-6240,

Sincerely,

~~~

~ VIVA flORIDA 500


KRB/tah

R. A. GI'ay Building • 500 South Bl'Onough Street • Tallahassee, Florida 32399 ·0250 Telephone: (850) 245·6240 • Facsimile: (850) 245·6259 www.dos.state,f1..us

Commemorating 500 year's of Florida history www.f1a500.com ~ VIVA flORIDA 500

~ VIVA flORIDA500

RICK SCOTT Governor

October 13,2011

The Honorable Reggie Fullwood 101 East Union Street, Suite 402 Jacksonville, Florida 32202-3065


KURT 5 .. BROWNING Secretary of State

A review of our records indicates that you have not filed the office account report due October 10, 20 II, pursuant to Section 106 141, Florida Statutes Your prompt attention to this matter is appreciated

If you have any questions, please contact us at (850) 245-6240.

Sincerely,


KRB/tah

R A. Gray Building • 500 50uth Bmnough Street • Tallahassee, Florida 32399 ·0250 Telephone: (850) 245-6240 • Facsimile: (850) 245-6259 www.dos .. state .. fl.us

Commemor'ating 500 years of Flortda history www .. f1a500.com Jl VIVA flORIDA500

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION Case No ...€¦ · letter dated december 7, 2012...

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Transcript of STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION Case No ...€¦ · letter dated december 7, 2012...