HomeMy WebLinkAbout11-09-2006 City of WS - Mike Jones Campaign ReportsBROWN, GARGANESE, WEISS & UAGRESTA, P.A.
Attorneys at Lazy
Debra S. Babb-Nutcher"
Offices in Orlando, Kissimmee, Cocoa,
Joseph E. Blitch
Ft. Lauderdale & Tampa
UsherL. Brown'
RECEIVED
Suzanne D'Agresta"
Suzan
Anthony A. Garganese"
J.W. Taylor
NOV 13 2W
Jeffrey S. Weiss
CITY OF WINTER SPRINGS
OFFICE OF THE CITY CLERK
Board Certified Civil Trial Lawyer
"Board Certified City, County & Local Government Law
via E-mail November 9, 2006
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708-2799
Re: City of Winter Springs - Mike Jones Campaign Reports.
Our File No.: 1189
Dear Andrea:
Michael O'Brien Colgan
Scott J. Dornstein
Mitchell B. Haller
Katherine W. Latorre
Amy J. Pitsch
Erin J. O'Leary
Catherine D. Reischmann
William E. Reischmann, Jr.
Of Counsel
I have reviewed yourdraft letterto Mr. Jones regarding his Independent Expenditure
Report. Apparently, based on your conversations with the Florida Division of Elections, you
seem to be of the view that the City should demand that Mr. Jones submit Form DS-DE-13
related to campaign contributions. Based on my research regarding individual expenditure
reports, it seems to me that Mr. Jones does not need to file a campaign contribution report
because he apparently only expended his own money for the campaign literature that was
promulgated during the November, Winter Springs Election.
Section 106.071, Florida Statutes requires that each person who makes an
independent expenditure with respect to any election issue, in the amount of $100.00 or
more, shall file periodic reports of such expenditures in the same manner, at the same
time, subject to the same penalties, and with the same officer as a political committee
supporting or opposing such a candidate or issue. Section 106.071, Florida Statutes does
not specifically address a report for contributions.
The term "independent expenditure" generally means an expenditure by a person
for the purpose of expressly advocating the election or defeat of a candidate or the
approval or rejection of an issue which is not controlled by, coordinated with, any
candidate, political committee, or agent of such candidate or committee.
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 (866) 425-9566 • Ft. Lauderdale (954) 670-1979
Website: www.oriandolaw.net • Email: firm@orlandolaw.net
November 9, 2006
Page 2
It seems to me that if an individual is making independent expenditures relative to
a campaign issue, it is statutorily presumed the person will not be receiving any
contributions for such expenditures. See §106.011, Fla. Stat. (Definition of "contribution");
see also, §106.071, Fla. Stat. (References only expenditures). On the other hand, it is
presumed that the person will be expending their own money
However, in the event a person pools their money with one or more other
individuals, those individuals would likely have to register as a "political committee." See
OP.DE 94-01. A "political committee" is generally defined as a combination of two or more
individuals, or a person other than an individual, that makes expenditures for purposes of
advocating the election or defeat of a candidate or the passage or defeat of an issue, and
those expenditures are greater than $500.00 during any single calendar year. See
§106.011, Fla. Stat. Political committees are expressly required by Florida Statutes to
report their expenditures and contributions, pursuant to section 106.08, Florida Statutes.
Thus, logically speaking, it seems to me that Mr. Jones is not required to file a
campaign contribution report if his election expenditures were truly "independent
expenditures," as defined in section 106.011(5)(a), Florida Statutes and referenced in
section106.071, Florida Statutes.
Lastly, I spoke with Sharon Larson, Deputy General Counsel, for the Division of
Elections, and she concurred with my view.
Therefore, I recommend that you do not send the letter to Mr. Jones. If I can be of
any other assistance regarding this matter please do not hesitate to contact me.
Ve r Yours,
Anthony A. Garganese
City Attorney
AAG/mk
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