STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

In Re: Joseph Francis Fernandez

I 0: Joseph Francis F emandez 17485 NW 671

h Comt 21A Hialeah, FL 33015

Case No.: FEC 14-356

Miami-Dade Supervisor of Elections Attn: Penelope I ownsley 2700NW 87 Avenue, Suite 100 Miami, FL 33172

NOTICE OF HEARING (AUTOMATIC FINE)

A hearing will be held in this case before the Florida Elections Commission on February 25, 2015, at 1:00 pm, or as soon thereafter as the parties can be heard, at the following location: Senate Office Building, Room 110-S, 404 South Monroe Street, 1 allahassee, FL .32399.

Failure to appear in accordance with this notice will constitute a waiver of your right to participate in the hearing Continuances will be granted only upon a showing of good cause

This hearing will be conducted pursuant to Section 106.25, Florida Statutes, which governs your participation as follows:

If you are the Respondent, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission However, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless you request to be heard or the Commission requests that your case be considered separately on the day of the hearing, your case will not be individually heard.

If you arc the Complainant, you may attend the hearing, but you will not be permitted to address the Commission In addition, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en mmse vote and, unless the Respondent requests to be heard or the Commission requests that the case be considered separately on the day of the hearing, the case will not be individually heard

If you are an Appellant, and you have requested a hearing, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission.

Please be advised that both confidential and public cases are scheduled to be heard by the Florida Elections Commission on this date. As an Appellant, Respondent or Complainant in one case, you will not be permitted to attend the hearings on other confidential cases

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

If you require an accommodation due to a disability, contact Donna Ann Malphurs at (850) 922-4539 or by mail at I 07 West Gaines Street, The Collins Building, Suite 224, Tallahassee, Florida 32399, at least 5 days before the hearing

See further instructions on the reverse side

NOH FEC #14-356

}I.my 9rf.(/(el'1!er 'Toman Executive Director Florida Elections Commission February 9, 2015

Please refe1 to the information below for f111the1 instructions related to yom paiticulai heaiing:

If this is a hearing to consider an appeal from an automatic fine, the Filing Officer has imposed a fine on you for yom failure to file a cainpaign treasurer's report on the designated due date and, by filing an appeal, you have asked the Commission to conside1 eithe1 (I) that the 1epo1t was in fact timely filed; 01 (2) that there were unusual circumstances that excused the failme to file the repo1t timely.. You are required to prove yom case If the Commission finds that the repo1t was filed timely or that there were unusual circumstances that excused the failme, it may waive the fine, in whole or in part The Commission may 1educe a fine after considering the factors in Section 106265, Florida Statutes. If the Commission finds that the 1epo1t was not timely filed and there were no unusual circumstances, the fine will be upheld

If this is a hearing to consider a consent order before a determination of probable cause has been made, the Commission will decide whether to accept or reject the consent order If the Commission accepts the consent orde1, the case will be closed and become public If the Commission rejects the consent order or does not make a decision to accept or deny the consent order, the case will 1emain confidential, unless confidentiality has been waived.

If this is a hearing to consider a consent order after a determination of probable cause has been made, the Commission will decide whether to accept or reject the consent orde1 If the Commission accepts the consent order, the case will be closed If the Commission 1ejects the consent order 01 does not make a decision to accept or deny the consent order, the Respondent will be entitled to another healing to dete1mine if the Respondent committed the violation(s) alleged

If this is a probable cause hearing, the Commission will decide if there is prnbable cause to believe that the Respondent committed a violation of Florida's election laws Respondent should be prepa1ed to explain how the staff in its recommendation inco11ectly applied the law to the facts of the case Respondent may not testifj;, call others to testifj;, or introduce any documentary or other evidence at the probable cause hearing The Commission will only decide whethe1 Respondent should be charged with a violation and, befo1e the Commission dete1mines whether a violation has occu11ed 01 a fine should be imposed, Respondent will have an opportunity for another hearing at which evidence may be introduced

If this is an informal hearing, it will be conducted pmsuant Sections 120.569 and 1205'7(2), Florida Statutes; Chapte1 28 and Commission Rule 2B-1 004, Florida Administrative Code. At the heating, the Commission will decide whether the Respondent committed the violation(s) charged in the Order of Prnbable Cause .. The Respondent will be permitted to testify.. However the Respondent may not call witnesses to testify

Respondent may argue why the established facts in the Staff Recommendation do not support the violations chaiged in the Order of Probable Cause.. At Respondent's request, the Commission may dete1mine whethe1 Respondent's actions in the case were willfol The Respondent may also address the apprnpriateness of the 1ecommended fine If Respondent claims that his limited resources make him unable to pay the statuto1y fine, he must provide the Commission with written proof of his financial resources at the hearing A financial affidavit form is available from the Commission Clerk

NAME:

FLORIDA ELECTIONS COMMISSION CASE REPORT

Case Number: FEC-14-356

JOSEPH FRANCIS FERNANDEZ

DAIE APPEAL RECEIVED: 10/3/14

DAIE HEARING REQUESI RECEIVED: N/A

DAIE REPORI DUE: 09/15/14 (2014 TR-QC14)

DAIE OF ELECIRONIC RECEIPT: 9/22/14

DAIE FILING OFFICER RECEIVED REPORI: 9/22/14

NUMBEROFDAYSLAIE: 7

AMOUNI OF FINE: $50.00

FINE BASED ON: (.")NUMBER OF DAYS (X) 25% OF RECEIPTS ( •• ) 25% OF EXPENDITURES

TOI AL RECEIPTS FOR REPORIING PERIOD: $200 .. 00

TOI AL EXPENDIIURES FOR REPORIING PERIOD: $100 .. 00

DAIE OF FIRS I NOIIFICAIION: 9/18/14

SUMMARY: Joseph Francis Fernandez was a candidate fot Community Council in the 2014 elections Mt Fernandez was his own treasurer

Joseph Fernandez is appealing the fine and asking fot a waiver Accmding to Mr Fernandez, he was busy attending genetal conttactor 's school while also working and fot got to file his repo1t He notes that he had a majo1 exam to study fot and completely neglected eve1ything else including filing his Campaign Treasme1's Repmt. Mr.. Fernandez states that this is his first time as a candidate and that he did not understand what was 1equired of him He states that this will not happen again and asks for a waive1 of the late filing foe .

• The 2014 TR-QC14 Report covers the period fiom 6/01/14-9/15/14; it was due on 9/15/14. • The 2014 TR-QC14 Original Report shows that a waiver was filed on 9/22/14 at 10:58 am The report

was amended on 9/24/14 at 3:50pm. • The Miami Dade County SOE's history notes list two calls from Mr. Fernandez on 9/22/14 requesting

his information to file his 1epo1t and help navigating the system in order to file the repo1t. Ms. Maria Acosta responded on both occasions and sent an email to Mr. Fernandez requesting a return call On 9/24/14 Ms .. Acosta received a call from M1 Fernandez regarding foes for late filing She explained the process to him and was able to walk him through the process of amending the 2014 TR-QC14 Report on the same day

**I conducted a telephone interview with M1. Fernandez and he confiimed that everything was correct and complete .. He did not have any other documents to add to his appeal

PRIOR CASES: None

l, IY-35&>

Dear Sir/Madam: 9/29/2014

I'm writing to you to respond to the "Notice OF Late Filing" TR-QC14 Campaign Treasure's Report letter that I received 9/29/14.

I'm asking for consideration of appeal to this $50 .. 00 fine for being late in filing. The circumstances that led me to being late is that I was attending general contractor's school through Gold Coast Schools

It's pretty stupid on my part to miss this deadline, however I was so busy working all day then attending school at night I had completely forgotten. This is my first time in filing this kind of report. The General Contractor class is completely consuming .. I failed part of the general contractor's exams which caused me to double my efforts to study harder I completely neglected everything else to make sure I wouldn't fail a second time, not realizing I'd be forgetting to file the Campaign Treasure's Report in the process.

I do understand my ignorance is no excuse, yet I'm asking to please wave this late fee. Now that I've been through this election cycle I now know what is required of me. All I can honestly say is that with this experience under my belt this won't happen a second time. I look forwar'd to receiving your reply in this important matter Thank you for you time and consideration in granting a waver of this late filing fee

Very Sincerely,

oseph Francis Fernandes; candidate ID 1337

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miamidade gov

September 24, 2014

Mr Joseph Francis Fernandes 17485 NW 67th Court, 21A Hialeah, Fl 33015

Dear Mr Fernandes,

NOTICE OF LATE FILING·-· FINE DUE - $50 .. 00

fR .. QC14 Campaign Tr·easurer's Report Due Date: 9/15/2014

Period Covered: 6/1/2014 -9/15/2014

Election.s 2700 NW 87th Avenue

Miami, Florida33172 T 305-4S/9-8683 F 305-499-8547

TTY 305-499-8480

The TR .. QC14 Campaign Treasurer's Report filed with our office was submitted on 9/22/2014 SJnce this report was not filed by the appropriate filing date, a fine is being assessed for each late day pursuant to Florida Statute 106 07(8)(b)

As such, for reports as required by F S 106141(7), the fine is $50 00 per day for each late day These fines are not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report Therefore, since the report was 7 days late, the fine is $50 00, which is 25% of your total expenditures of $0 00 Said fine must be received by our office at 2700 NW 87th Avenue, Miami, FL 33172 within twenty (20) days of your receipt of this notice The check should be made payable to Miami·-Dade County paid only from candidate's personal funds

Florida Statute 106 07(8)(b) goes on to say that the fine may be appealed or disputed based upon unusual circumstances surrounding the failure to file by the designated due date A hearing before the Florida Elections Commission may be requested, which shall have the authority to waive the fine in part or whole Any such request must be submitted in writing and must be received by the Florida Elections Commission within 20 days of your receipt of this notice To request an appeal, please write to the Florida Elections Commission, 107 West Gaines Street, Collins Building, Suite 224, Tallahassee, Fl 32399-1050 Our office must also be notified of the intent to bring this matter before the Commission

I urge you to promptly resolve this matter If not, in accordance with Florida Statute 106 07(8)(d), we will be required to notify the Florida Elections Commission of this late filing and failure to pay the imposed fine

If you have any questions regarding this matter, please contact the Candidate Services Unit at 305·499··8410

"tit Caro;~ Lopez Deputy Supervisor of Elections Miami-Dade Elections Department

Certified No: 7012 0470 0001 2807 3138

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miamidade gov

September 18, 2014

Mr. Joseph Francis Fernandes 17485 NW 67th Court, 21A Hialeah, FL 33015

Dear Mr Fernandes,

FAILURE TO FILE NOTICE Joseph Francis Fernandes

TR-QC14 Campaign Treasurer's Report Due Date: 9/15/2014

Period Covered: 6/1/2014 -· 9/15/2014

Elections 2700 NW 87th Avenue Miami, Florida 33172

T 305-499-8683 F 305-499--8547 TTY 305,499-8480

A review of our files indicates that you failed to file your Campaign Tre.asurer's Report due on 9/15/2014 Florida Statute 106 07 (8)(b) states that:

Upon determining that a report is late, the filing officer shall immediately notify the candidate or chair of the political committee as to the failure to file a report by the designated due date and that a fine is being assessed for each late day. The fine shall be $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 report However, for the 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 expenditure, whichever is greater, for the period covered by the late report Upon receipt of the report, the filing officer shall determine the amount of the fine which is due and shall notify the candidate or chair "

As such, I urge you to promptly respond to this matter to limit additional fines; and in accordance with Florida Statute 106 07(8)(d), we will be required to notify the Florida Elections Commission of your failure to file

If you have any questions regarding this matter, please feel free to contact the Candidate Services Unit at 3052~-84 0

s7c .. ee.1r;~ly, /

~l.1 Carolina D Lopez Deputy Supervisor of Elections Miami-Dade Elections Department

Certified No: 7008 1830 0003 9579 7 456

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From: Campaign Financing VR (Elections) To: "Joseph fernandes"

Subject: RE: Candidate ID for report Date: Monday, September 22, 2014 1:36:00 PM

Mr Fernandes,

Please call me when you are able to sit in front of the computer so I can walk you thru the steps of

filing the report

Maria Acosta Miami-Dade Elections Department Election Coordination Campaigns and Compliance 305-499-8410 WNW miamidade gov "Delivering Excellence Every Day"

From: Joseph Fernandes [mailto:cmemberseat@gmail com] Sent: Monday, September 22, 2014 10:19 AM To: Campaign Financing VR (Elections) Subject: Candidate ID for report

Dear Maria,

Please send my candidate ID so I can send the 1eport Thanks so much!

Sincerely,

Joe

From: To: Subject: Date:

Mr Fernandes,

Campaign Financing VR (Elections) "Joseph Fernandes" RE: Candidate ID for report Monday, September 22, 2014 10:29:00 AM

Per our telephone conversation and your email below, please note that your ID No is 1337, the

password is "password" and the pin numbers to submit the report is "1234" for the Candidate and

"5678" for the treasurer

The site to enter the report is http'//www yoterforns com/ws/mdccand/candjdate pb php?

co11oty=mjamjdade

If you have any questions, please let me know

Maria Acosta Miami-Dade Elections Department Election Coordination, Campaigns and Compliance 305-499-8410 www mjamjdade goy "Delivering Excellence Every Day"

From: Joseph Fernandes [mailto:cmemberseat@gmail.com] Sent: Monday, September 22, 2014 10:19 AM To: Campaign Financing VR (Elections) Subject: Candidate ID for report

Dear Maria,

Please send my candidate ID so I can send the report Thanks so much!

Sincerely,

Joe

From: To: Subject: Date:

Campajgn F!oancjnq VR <Elections)

cmemherwat@gma/I com

Failure to File TR·QC14 Tuesday, September 16, 2014 5:44:00 PM

Good afternoon,

(

Our records indicate that we have not received your 14TQC. Report that was due on

9/15/14, which covers all campaign finance activity between 6/1/14 and 9/15/14

Please note that, per state law, you are incurring late fees for each day that the report is

filed after the deadline; the fines are set at $50 per day

If you recently submitted your report, please disregard this notice This is just a courtesy

email

Should you require additional information, please feel free to contact the Candidate Services

Unit via email at campaigns@miamidade gov or via telephone at 305-499-8410

Regards,

Miami-Dade Elections Department

Governmental Affairs Division

Campaign Services Unit

Office: 305-499-8410

campaigns@miamidade gov

www miamidade gov

"Delivering Excellence Every Day"

From: To: Subject: Date:

Campajgo Finandoq YR <Elections)

cmemherseat@gmaj{ mm

Reminder for TR-QC14 Report Due 9-15-14 Monday, September 08, 20141:14:00 PM

Good afternoon,

/

\

This is a friendly reminder that the 2014-TQC Report, which covers any campaign finance

activity between 6/1/14 and 9/15/14, is due on Monday, 9/15/14

As you know, candidates must submit campaign finance reports electronically through the

Miami-Dade Elections website at www miamidade gov/elections/campaignreports no later

than midnight of the day designated to avoid late filing fees Please keep in mind that the

pin numbers for both the Candidate and the Treasurer must be entered prior to submitting

the electronic report successfully

Reports must be received no later than midnight of the day designated Any report that is

received electronically after the designated date will be considered late and shall be subject

to a fine in accordance with Florida Statute 106 07

In addition, per Section 12-14 1 of the Code of Miami-Dade County, candidates running for

the offices of Miami-Dade County Mayor, Commissioner, Property Appraiser, Clerk of the

Circuit Courts, and Community Council must file a separate campaign report (MD-ED 26) to

disclose the names of paid campaign workers engaged in absentee ballot activities This

form is due at the same time as the Campaign Finance Reports and it is available on our

website at http-//www.m iam idade goy/electjons/ljbrarv/aualifying-handbaok/md-ed26 pdf

Once the report has been completed, submit a signed electronic copy to

campaigns@miamidade gov Far quicker processing, the email header should include the

name of the candidate, the report name, and reference the type of report submitted (i e

Jane Doe, 2014-MOl-14 AB Campaign Report)

If you have already submitted your report, please disregard this notice This is just a

courtesy email

For a list of reporting dates, guidelines to successful Campaign Treasurer's Reports, and

other important information, you may refer to the 2014 Candidate Qualifying Handbook

online at http //www mjamjdade goy/electjons/candjdate-q1ialifyjng-bandbook.as.p_

Should you require additional information, please feel free to contact the Candidate Services

Unit at 305-499-8410 or via email at campaigns@miamidade gov

Miami-Dade Elections Department

Government Affairs Division

305-499-8410

campaigns@miamidade gov

www.miamidade gov

"Delivering Excellence Every Day"

CAMPAIGN TREASURER'S REPORT SUMMARY

(1) Joseph F Fernandes OFFICE USE ONLY

Name ONLINE SUBMISSION

(2) 17485 NW 67th Court [1077086]

Address (number and street) Submitted on:

Hialeah, FL 33015 9/24/2014 15:50:54 (eastern)

City, State, Zip Code

D Check here if address has changed (3) ID Number: 1337

(4) Check appropriate box( es):

I!] Candidate Office Sought: Community Council 05/53

D Political Committee (PC) D Electioneering Communications Org (ECO) D Check here if PC or ECO has disbanded 0 Party Executive Committee (PTY) D Check here if PTY has disbanded 0 Independent Expenditure (IE) (also covers an 0 Check here if no other IE or EC reports will be filed individual making electioneering communications)

.,,,, _______ (5) Report Identifiers

Cover Period: From 6 I 1 12014 To 9 I 15 I 2014 Report Type: 14TQC -·-- --·- -- ___ ,, __ __ , --D Original El Amendment 0 Special Election Report _,

(6) Contributions This Report (7) Expenditures This Report

Monetary

Cash & Checks $ , , 0 00 Expenditures $ , ' 100 ,00 -- -- -- -- -- -- -- --

Loans $ '

, 200 00 Transfers to -- -- -- --,. Office Account $ , , 0 00 --- -- -- --

Total Monetary $ , ' 200 00 -- -···- -- --·

Total Monetary $ ' ' 100 00 -- -- -- --

ln··Kind $ ' '

0 00 -- -- -- -- - ---(8) Other Distributions

$ -- ' __ , __ o _..Q.Q_ ___ , ___ ,

(9) TOTAL Monetary Contributions To Date (10) TOT AL Monetary Expenditures To Date

$ --- ' ' -1.QQ. _QQ__ $ ' , ~ 00 --· -·-- --

-· (11) Certification

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

I certify that I have examined this report and it is true, correct and complete:

(Type name) (Type name)

0 Individual (only for IE 0 Treasurer 0 Deputy Treasurer 0 Candidate 0 Chairperson {only for PC and PlY) or electioneering comm )

x x Signature Signature

OS-DE 12 (Rev 11/13) SEE REVERSE FOR INSTRUCTIONS

(

CAMPAl.GN TREASURER'S REPORT - ITEMIZED CONTRIBUTIONS

(1) Name ,Joseph F (2) LD .. Number ---'--'-"''-'-----

6/1/2014 9/15/2014

(3) Cover Peri.od __ I __ I __ through I I (4) Page 1 of 1

(5) (7) (8) (9) (1.0) (11) (12) Date Full Name

(6) (Last Suffix, First rV1iddle) Sequence Sire.et Address & Contributor Contribution In-kind N~mber Gltv, State, Zio Gode T11ne OCcuoation Tv= oescriotion Amendment Amount

Fernandes, joseph s :andidate LO ,dd $200 0 6/13/2014 franc is

I I 17485 nw 6 7th court 21. A hialeah fl 33015

1

I I

I I

I I

I I

I I

I I

I I

DS-DE 13 (Rev 11113 ) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

(

CAMPAIGN TREASURER'S REPORT - ITEMIZED EXPENDITURES (1) Name Joseph F. Fernandes (2) LO .. Number 133 7

6/1/2014 9/15/2014 (3) Cover Period __ , __ / __ through __ ,_· __ !__ (4) Page 1 of_........:1=---

(5) (7) (8) (9) (10) (11)

D,ate Full Name Purpose

(6) (Last, Suffix, First, Middle) (add office sought if Expenditure

se-q-uence StreetAd.d ress & contribution to a

Number City, State, Zip Code candidate) Type Anie:ndmelit Amount

6///2°/4 Miami Dade County, qualifying fee MO Add $100 0 2 700 nw 87th ave

Miami fl 331 72

1

9/13/2014 Fernandes, joseph francis repayment of DI Add $100 0

I I 17485 nw 67th court 21 i\ loan hialee1l:l fl 33015

2

I I

I I

I I

I I

I I

I I

OS-DE 14 (Rev 11/13 ) SEE REVERSE FOR INSTRUCTIONS AND CODEVALUES

WAIVER OF REPORT (Section 106 .. 07(7), F S .. )

(PLEASE TYPE)

Joseph F. Fernandes

Name

17485 NW 67th Court 21A

ONLTNE SUBMISSION Id: 1337 [1076995]

Submitted on, 9/22/2014 10, 58, 04 (eastern)

OFFICE USE ONLY

Community Council 05/53

Office Sought

Hialeah, FL 33015 ----------------------Address City State Zip Code

~Candidate 0 Political Committee DElectioneering Communications Organization

D Party Executive Committee

------------------·----·--··--·-------------------D Check here if address has changed since last report 0 Check here if PC or ECO has DISBANDED and will no

longer file reports

TYPE OF REPORT (Check Appropriate Box and Complete Applicable Line beneath Box)

DMONTHLY REPORT DPRIMARY ELECTION, DGENERAL ELECTION [iiJoTHER REPORT TYPE

Indicate report# In die ate report # Indicate report# Indicate report type and#

M p G as applicable:

-- -- -- 14TQC

0 TERMINATION REPORT 0 SPECIAL ELECTION

NOTIFICATION OF NO ACTIVITY IN CAMPAIGN ACCOUNT FOR THE REPORTING PERIOD OF

x

x

REQUIRED SIGNATURES FOR'

6/1/2014 THROUGH

9/15/2014

Signature Date

Signature Date

Candidates: Candidate and Campaign Treasurer or Deputy Treasurer (s 106 07(5) F S)

Political Committees: Chairman and Campaign Treasurer or Deputy Treasurer (s 106 07(5) F S)

Electioneering Communications Organizations: Treasurer (s 106 0703(4Xc), F S.)

Party Executive Committees: Treasurer and Chairman (s 106.29(2) F S)

In any reporting period when there has been no activity in the account (no funds expended or received) the filing of the required report is waived. However, the filing officer must be notified in writing on the prescribed reporting date that no report is being filed.

OS-DE 87 (Rev 11/13)

Report Summary 1337 Joseph Francis Fernandes

DUE Rep. Type R~wed/ Orig or A Dates TOTAL EXP. APP[... AMOUNT FECCASE DATE Submitted Amend N Lale CASH LOANS TOTALCONTR. IN-KIND EXPENDITURES DIST. AND DIST. FINE ALEO PAID NO.

9/15/2014 TR-QC14 9/2212014 Original 7 $0.00 S0.00 S0.00 $0.00 $000 S0.00 S0.00 $50.00 v FEC 14-356 ··--·--·--·----- ---··-··················--·--·-··--·-··----·- ···········-- ......... ····--·- ······--·- ·----9/15/2014 1R-QC14 9/2412014 Amendment S0.00 S200.00 S200.00 <O()() SI00.00 $100.00 S200.00 S0.00

··················-······- --··- ...................... ------ ------------------------------------------------------------------------------------------------------------------------------------ ------··············

S0.00 $200.00 I $200.00 I so.oo SI00.00 SI00.00 I S200.00 I $50.00

,_, I Balance: S0.00 I

Wednesday, Octobet29, 2014 Page 1 ofl

MIAMl··.OE ~

MIAMI-DADE ELECTIONS DEPARTMENT 2700 NW 87thAvenue, Miann, FL 33172

Phone: (305) 499-8500 Fax: (305) 499-8547

. . '-~

Report

TR-QC14

TR-OC14

'-.~

TO: Florida Elections Commission

FROM: Penelope Townsley

Supervisor of Election

DATE: Wednesday, October 29, 2014

SUBJECT: History of Reports

Joseph Francis Fernandes

Community Council Area/Subarea 0

Received or Postmark Hand Days Fine Due Date Submitted Date Delv~ Late Notice Sent Assessed Date Sent Certified No.

Original 9/15/2014 9/22/2014 7 $50.00

Fine Due 9/24/2014 7012 0470 0001 2807 3138

Failure to File 9/1812014 70081830 0003 9579 7456

Amendment 911512014 912412014 $0.00

MIAMI ~

miamidade gov

June 26, 2014

Mr Joseph Francis Fernandes 17485 NW 67th Court, 21A Hialeah, FL 33015

Dear Mr Fernandes1

/.

I

Elections 2700 NW 87th Avenue

Miami, Florida 33172 T 305-499-8683 F 305-499-8547

lTY 305-499-8480

Congratulations on becoming elected unopposed for Miami-Dade County Community Council Area/Subarea 05/53 Your name will not go on the ballot, and you are required to file the following Campaign Treasurer's Report: ·

Report From To Due Date TR·QC14 06-01-14 09-15-14 09-15-14

Per Section 12·17 of the Code of Miami-D.ade County, campaign finance reports must be submitted through the Miami-Dade Elections Department website at www.miarilidade.gov/e!ections/campaignreports. To sign-in1 please use ID Number 11133711

and the default password is "password" When submitting your campaign reports, you will be required to use an electronic signature pin .. Your temporary signature pin is "1234" and your campaign treasurer's signattire pin is "5678" As a security measure, please consider updating the password once you have successfully logged in and resetting your pins to unique four·· digit signature pins

Reports must be received no later than midnight of the day designated Any report that is received electronically after the designated date will be considered late and shall be subject to a fine in accordance with Florida Statute 106 07.

In accordance with Section 12.·14 1 of the Code of Miami-Dade County, candidates running for the offices of Miami-Dade County Mayor, Commissioner, Property Appraiser, Clerk of the Circuit Courts, and Community Council must file a separate campaign report (MD-ED 26) to disclose the names of paid campaign workers engaged in absentee ballot activities Once the report has been completed, submit a signed electronic copy to campaigns@miamidade.gov For quicker processing, the email header should include the name of the candidate, the report name, and reference the type of report submitted (i e Jane Doe, 2014-MOl AB Campaign Report) The form may be found online at http://www,miamidade.gov/elections/Librarv/run for office/md­ed26.pdf and it is due at the same time as the Campaign Treasurer's Reports

Within 90 days after having withdrawn, becoming unopposed, being eliminated or elected to office, each candidate shall dispose of all funds in the campaign account and file a termination report in accordance with Florida Statue 106 141 We are taking this opportunity to also provide you with a resource entitled "Guidelines to Successful Campaign Treasurer's Reports." Utilizing these tips will help reduce errors and the need for additional reporting on your end

We also encourage you to familiarize yourself with the Miami-Dade County Candidate Qualifying Handbook, available online at http://www.miamidade.gov/elections/qual-handbook.asp. It includes election laws and other pertinent information for your campaign

ny questions, please do not hesitate to contact the Candidate Services Unit at 305-499-8410

pez Deputy Supervisor of Elections Miami-Dade Elections Department

Certified No: 7008 1830 OOD3 9579 5964

Enclosures

····-·-·----- ----·-------·---··--·---, 2014 Calendar of Reporting Dates for Miami-Dade County Candidates

Monthly Reports:

Reports shall be filed on the 10th day following the end of a calendar month from the time the campaign treasurer is appointed, except that if the 10'" day following the end of a calendar month occurs on a Saturday, Sunday, or legal holiday, the report shall be filed on the next following day that Is not a Saturday, Sunday, or legal holiday IFS. 106 07(1)]

;·;·'/:': __ Re,···ort --:r---: ... ~ .• ---;,--·~-·-·:.· fro-··m-, .... ::;~)_ ~:7-'?;l]J~E-~)·;· .·1,:: oue. oate:.::.-:··: ·;Not·e"S"_·:~};.:;t::::{} =~--. -. -, -:;:0v~:~;,::.:::-;-;,, - .. ,._,

2013-M12 12-01·13 _ 12·31·13 01-10-14 Monthl Re ort ________ , __ _ ~014-MOl 01·01-14 01·31·14 02-10·14 Monthly Re ort 2014·M02 02-01-14 02-28·14 _03-10-14 MonthlyReport'-------- -----1 2014·M03 03·01-14 03-31·14 04-10-14 Month! Re ort 2014-M04 04-01-14 04-30-14 05-12-14 Month! Re Ort 2014-M05 05-01-14 05-31·14 06-10·14 Monthl Re ort

Reports Prior to the Primary and General Elections:

On the so" day immediately preceding the primary election and biweekly on each Friday thereafter,through and including the 4'" day immediately preceding the general election, with additional reports due on the 25'" a~d 11th day before the primary election and the general election IFS 106 07(1)(b)]

Re ori:'

2014·Pl 2014·P2 2014·P3 2014·P4 2014·P5 2014-PS 2014·P7

·~·-----

~ Report

2014·G1 2014-G2 ...

.. 2014·G3 2014·G4 2014·G5 2014·G6 2014-G7

Termination Reports:

_,, __ .From __ ·,

06·01·14 06-21·14

---~------Pr Io r to the Prlmar Election ·<··'TO

06-20·14 07·04-14

···.cue oate.~ 06-27·14 07-11-14

07-05-14 07-19·14

07-18-14 07-25·14 ·-:-'--'-'-~-t-~~'-'- -""-~--t-""-~-'--:~~""""'"'~-~C.C.------1

~:14 __ , 08-01-14 07·26·14 _____ 0_8-_0_1·_1_4_,..~:08·14 __ -!-='-"===='1"'"'-==='---08·02·14 08-08·14 08-15·14 rlor to Primary ... 08-09-14 08-21-14 08·22·14 ..... Bi-Weekly Report._priorto Primary

-· .. ---····-· --:-Frruw:·.T:·--- '<TO:/ :/-bueJ:>ate '(;'.) ------08-22-14 08-29·14 09-05-14 08-30-14 09·12·14 09·19·14 09·i3·14 09-26·14 10-03·14

. 09-27-14 10·03·!4 10-10·14 10-04-14 10·10·14 10-17·14 10·11·14. 10-17·14 10-24·14 10-18-14 10·30-14 - ..•.. !0·3!:!!

Within 90 days after having withdrawn, become unopposed, been eliminated or elected to office, each candidate shall dispose of all funds In the campaign account and file a termination report IFS. 106 141(1)]

·~~---•. R-e-;;P-<loc·-rt;. ""~"·~~;;·.·-<,"-F-· :..:r-o"'m-··e..-·.:.--::.::.:;:·CJ• -'-'==2-'4'-':;:_"'.:o,,.u,,e:..:· o,,a,,,te::.· -".-.,_+· ···:..:: Fo::.ll:::ec;.:o::.:r'l::.e~:.::b:::as,,e::·d:..:'o:.:nc,·_·w"'· h:::-'e::.:n"'· :c::a,,_i\:::d::id::;:::cvL"-··::fe"'r'='m::.:ln::•c:te:::d~: TR·QJ14 05-01·14 07-31-14 07-31·14 At the end of candidate uallfylng, on 05/02/14 TR·QC14 ·-:o"'s"'.o-'1"'-1~4-1-_· 0~9-.1-5"'.1~4 ... - 09-15·14:::.: . At the.end ·of candidate .S!!~llfying, on 06/17 /14

l--'T'-'R-'·Qo:oS:::l-'-4-1-0"-'6'-·0.:.:!.:~ 09-18-14 09-18-14 At the end of candidate guallfylng, on_Q6/20/14 TR·P14 08-22-14 11·24·14 11-24-14 After the 08/26/14 PrlmEY..file~c~tl~o_n ___ --i

_}R·Gl4_~-'1:::0-'·3:::1-'·1~4__,_ 02-02·15 02-02-lS After the.11/04/14 General Election

Additional Information:

Campaign Treasurer's Reports must be filed with the Miami-Dade County Supervisor of Elections online at http://www.miamidade.gov/elections/campaignreports. Online submissions must be received no later than midnight of the day designated, per Florida Statute 106 .0705(3) Reports not filed by midnight of the day designated are late and are subject to a fine In accordance with Florida Statute 106 07(8)(b)

The Miami-Dade County Candidate Qualifying Handbook, Inclusive of the Florida Election Laws and the Candidate and Campaign Treasurer Handbook, is available on the Elections Department website at http:ljwww.mfamidade.gov/elections/candjdates.asp .. If you have any questions, contact the Candidate Services Unit at 305-499-8410 or via email at campaigns@miamidade.gov

05/09/l0l4 l !

···------··-·-·----····-··----· .. ···--------Miami-Dade County Elections Department

Guidelines to Successful Campaign Treasurer's Reports (Per· Chapter 106, Florida Statutes)

-·---·--·-·---- -----Contributions

1 Contributions entered must fall within the tlme period covered by the report

2. All Contributions must have complete Itemized information inc!udlng the date, name, complete address, cohtribution type, occupation (if over $100) and dollar amount

3 Occupation needs to be specific. Do not use "Businessman/ woman, Business Owner, Salesman/woman, Sales," etc Examples of acceptable occupations include Car Sales, Printing Shop Owner, Bank Manager, Attorney, etc

4 There is no contribution limit to a polltlcal committee. s The maximum cash contribution per electlon Is $50. A

cashier's check is considered as cash 6 The contribution limit to a candidate is $1,000 per electron

For reporting purposes, a credit card, debit card, money order, or Paypal contribution is considered a check

7 Contributions collected vla Paypal or a third-party vendor to collect contributions must be reported in full (transaction fees are not deducted from the contribution amount, but rather reflected as an expenditure)

8 The person signing the check ls the contributor, except for a company check that ls a "Business" entity

9 ln··kind contributions are subject to contribution llmitat!ons ($1,000 per election, per contributor)

10 Candidates cannot accept contributions from an Electioneering Communications Organization (ECO)

Expenditures

1 Expenditures entered must fall within the time period covered by the report

2 All expenditures must have complete Itemized Information Including the date, name, complete address, purpose of expenditure, and dollar amount.

3 A reimbursement from the campalgn account Is allowable directly to an Individual/organization that has incurred approved expenses on behalf of the campaign The report must Include the full name, full address, specific purpose, and amount of reimbursement

4 Campaign accounts may not provide a direct payment to the credit card of an Individual/organization as a form of reim!Jursement

s Poll workers should be paid with a campaign check and each poll worker paid should be Itemized.

6 Bank fees and fees assessed by Paypal or a third· party vendor to collect contributions must be reported as expenditures (not deducted from the contribution amount) ..

7 ECOs are llmlted to electloneering communications and may not make contributions to candidates or political parties

Petty Cash

The Petty Cash Withdrawn limit Is $500 per calendar quarter prior to the end of qualifying Thereafter, $100 per week

2 It shall be spent only rn amounts less than $100 and only for office supplies, transportation expenses and other necessities.,

3 Petty cash may not be used for time, space, or services from communications media.

L...-------· .. ····-------·-·----------

4 The Petty Cash Withdrawn must be reported in the period that It was withdrawn from the bank

s The Petty Cash Spent must also be reported in the period that it was spent Petty Cash Spent does not Impact the Total Expenditures for the period, only when it Is withdrawn

6 Petty Cash Withdrawn and Petty Cash Spent must equal at the end of the campaign

Notices 1 You will be notified of any deficiencies or violations 2 Typical vlolatlons Include late filing, fine due, and incomplete

Information on a campaign report 3, Fol/owing these guidelines will reduce notices sent to you

and thus the number of amen~ment reports that will need to be filed ..

Amending a Report 1 To make any changes to a submitted report, cllck on the

"amend" button of the Orlglnal Report to create an Amendment Report

2 In the Amendment Report, first click on the type of transaction to amend (I ,e .. 11Enter Contributions", etc): )>To add new item, add a new sequence, >To amend existing Item, click "Amend Item from Orig

Report" to view list of all ftems previously submitted .. Click on desired sequence, enter edits, and cltck submit This wlll display two transactions (one to "delete" original Item and one to "add" new Item)

>To delete existing item, cllck "Amend Item from Orig Report", click on desired sequence, and just click submit, This will display two transactions (one to "delete" original Item and one to "add" new item} Delete the "add" sequence, leaving only the '1delete" sequence

Flnes

1 Fines assessed to candidates must be paid from candidate's personal funds.

2 Fines assessed to political parties, political action committees, electloneering communication organizations, and '1lndependent expenditures over $5,000" are to be paid from their campaign account.

3 Fines must be paid to the filing officer within 20 days after receipt of the notice of payment due, unless an appeal is made to the Florida Elections Commission wlthln 20 days after receipt of the notice of payment due

4 If fine was appealed to the Florida Elections Commission, and the fine ls upheld1 payment Is due to the Elections Department as stated In the Final Order

s Reference Florida Statute 106 07(8)(b) for fine amounts

Termination Report

1 At the end of the campaign, or when closing out a political committee, the ''Total Contributions to Date" and the ''Total Expenditures to Date" on the Termination Report must equal; and, the campaign account must be closed

2 Prior to closing the campaign account, any remaining funds must be disposed of according to F.S. 106141 (for candidates) and F.S. 106 .03 (for political committees)

·----------------------' CDL·VI 11/07 /2013 1'hls document reflects recent changes to State campaign financing laws as prescribed in House Blfl 569(effective11/03./2013).

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Mr. Joseph Francis Fernandes 17485 NW 67th Court 21A Hialeah, FL 33015

Pm;lrnark Hore

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Miscellaneous Information

1337 Joseph Francis Fernandes

ConvDate: EmpName:

8625 10/15/2014 Maria Acosta

8624 10/14/2014 Maria Acosta

8618 10/3/2014 Maria Acosta

8603 9/24/2014 Maria Acosta

8602 9/24/2014 Maria Acosta

8601 9/22/2014 Maria Acosta

8598 9/22/2014 Maria Acosta

Conversation:

Mr. Fernandes returned my call from 10/3 I told him that the reason for my call was because I was not sure if he he had sent the letter to Tallahassee because the one we received looked like an original He said he did send an original to Tallahassee and also sent us one with an orginal signature

We received a copy of the letter from the FEC advising Mr Fernandes that his case (FEC 14-356) will be heard on February, May, August, or November of next year

Carolina Lopez received the appeal letter from Mr Fernandes I left him a message to call me because I wanted to make sure that he sent the letter to Tallahassee because the one we received looked like an original

Mr Fernandes called me and I was able to help him do the amendment report over the phone I explained to him that if he wishes to appeal the fine with Tallahassee as indicated in the letter, he needs to send us a copy of the letter to keep us informed.

Mr Fernandes called me, he was at the post office picking up the Failure to File Certified Letter He was upset because the letter told him that the fine was $500 per day and he wanted to talk to Carolina Lopez, Deputy Superviosr of Elections I told him that I could help him I explained to him that I was trying to call him but was not able to reach him and that I had emailed him asking him to call me His report was incomplete because he filed a Waiver of a Report and therefore did not disclose the opening of the account or the payment for the qualifying fee Since he did not understand how to do the report, he said he would call me when he got back to the office so that I could help him over the phone to do an amendment report.

Mr Fernandes left a message that he didn't understand the navigation to do the report I tried to call him but I was unable to get through so I sent him an email asking him to call me when he is in front of the computer and able to file the report so that I could assist him

Mr Fernandes called requesting his information to file the report I asked him to email me the request, and I responded to his email with the information

Page 1of1

PHONE LOG Case No.: 14-356

Respondent: Joseph Francis Fernandez

1.. Date and time: 1/8/15 1 :20pm Name: Joseph Fernandez Phone#: 754-246-5968 Summary: I called Mr.. Fernandez and was unable to leave a voicemaiL Enternd by: B Wims

2 Date and time: 1/12/15l1:03am Name: Joseph Fernandez Phone#: 754-246-5968 Summary: I spoke with Mr.. Fernandez and he confirmed that eve1ything was co1rect and complete .. He did not have any other documents to add to his appeal. Entered by: BWims

3. Date and time: Name: Phone#: Summary: Enter·ed by:

4 Date and time: Name: Phone#: Summary: Entered by:

5.. Date and time: Name: Phone#: Summary: Entered by:

6. Date and time: Name: Phone#: Summary: Entered by:

7.. Date and time: Name: Phone#: Summary: Entered by:

··· ·· ····· ·· ·· · ······ · ···· Ffl003·(3/09)'··