HomeMy WebLinkAbout08-13-2002 Campaign Treasurer Reports - Reporting Periodsn
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BROWN, WARD, SALZMAN & WEISS, PIlyFW" HAL "`'
Usher L. Brown •
Suzanne D'Agresta'
Anthony A. Garganese°
Gary S. Salzman*
John H. Ward'
Jeffrey S. Weiss
$Board Certified Civil Trial Lawyer
°Board Certified Business Litigation Lawyer
Board Certified City, County & Local Government Law
Attorneys at Law
Offices in Orlando, Kissimmee, Debra S. Babb
Cocoa & Viera Jeffrey P. Buak
Alfred Truesdell
Joseph E. Blitch
Scott D. Danahy
Theodore F. Greene, III
Kristine R. Kutz
Todd K. Norman
Vincent E. Scarlatos
Erin J. O'Leary
Of Counsel
August 13, 2002
Sent Via Facsimile and U.S. Mail
407-327-4753
Andrea Lorenzo-Luaces
City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: Campaign Treasurer Reports - Reporting Periods
City of Winter Springs - General
Our File No.: 1193
Dear Andrea:
This correspondence is in response to your request for a legal opinion regarding
the reporting periods of campaign treasurer reports. Substantially you have asked how
does a candidate report contributions or expenditures which are realized on the same day
a report is due, but after the report has been delivered, and what reporting is required for
unopposed candidates.
Each campaign treasurer shall file regular reports of all contributions received, and
for all expenditures made, by or on behalf of such candidate. See s. 106.07(1), Fla. Stat.
As previously opined, for the 2002 general election there are four dates upon which
225 East Robinson Street, Suite 660 • P.O. Box 2873.Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.net • Email: firm@orlandolaw.net
0
Andrea Luaces
August 13, 2002
Page 2
candidates must file reports immediately preceding the general election, to wit: September
20, October 4, October 18, and November 1, 2002.
All reports shall be filed with the filing officer not later than 5:00 P.M. on the day
designated, unless post -marked by midnight of the same day. These reports shall contain
information of all previously unreported contributions received and expenditures made as
of the preceding Friday, except that the report filed on the Friday immediately preceding
the election shall contain information of all previously unreported contributions received
and expenditures made as of the day preceding the designated due date. See
106.07(2)(a), Fla. Stat. In other words;
• the report due on September 20, 2002, shall contain information regarding
all previously unreported contributions and expenditures through September
13, 2002;
Is the report due on October 4, 2002, shall contain information regarding all
previously unreported contributions and expenditures through September27,
2002;
• the report due on October 18, 2002, shall contain information regarding all
previously unreported contributions and expenditures through October 11,
2002;
• the report due on November 1, 2002, shall contain information regarding all
previously unreported contributions and expenditures up and until October
31, 2002; and
• a final report shall be filed 90 days after the general election, to wit: on or
before February 3, 2003.
If a candidate is unopposed, following the last day of qualifying for office, the
candidate need only file a report within 90 days after the date such became unopposed,
as well as a final report. See s. 106.07(1)(c), Fla. Stat.
As to your final question, I believe the same is answered above. For clarification
purposes, however, a candidate may deliver or mail the above referenced reports. If
delivered they must be received by or before 5:00 P.M. the day the report is due. If the
reports are mailed, the post mark must reflect no later than midnight of the day the report
is due, and the candidate shall obtain certificate to indicate the time and date of the
mailing. If a candidate accepts a contribution or makes an expenditure on October 4,
225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.net • Email: firm@orlandolaw.net
Andrea Luaces
August 13, 2002
Page 3
2002, the same would not be reported until on the October 18, 2002 report, because that
report covers the period from September 28 through September 11, 2002.
I hope the foregoing is helpful to you, if you have any questions please do not
hesitate to call our offices.
Very truly yours,
/J-
ey P. Buak
Assistant City Attorney
JPB/
cc: Anthony A. Garganese, City Attorney
FAA-awyer\jeffb\City of Winter Springs\Legal Opinions - General\Luaces - Leg Op Campaign Reporting.wpd
225 East Robinson Street, Suite 660 • P.O. Box 2873.Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.net • Email: firm@orlandolaw.net