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HomeMy WebLinkAboutFlorida Elections Commission -1999 05 17~ '- ~ ~ .+ y ~,,, ~ ~ STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION ' : '`r• - -~ ~. _, STATE OF FLORIDA `'-~' :: ~ • - ELECI~D~~~Yne Nelson Case No.: FEC 97-171 ~: ,. ,, "; ;' . F.O. No.: DOSFEC 99-104-~"~~ `~:.J CONSENT ORDER The Respondent, Randy Wayne Nelson, and the Florida Elections Commission (Commission) agree that this Consent Order resolves all of the issues between the parties. The parties jointly stipulate to the following facts, conclusions of law, and order: FINDINGS OF FACT 1. On November 13, 1998, the staff of the Commission issued a Statement of Findings, recommending to the Commission that there was probable cause to believe that the Respondent violated Sections 106.07(5), 106.19(1)(c), 106.19(1)(a), and 106.141(1), Florida Statutes. 2. The facts set forth in the Statement of Findings, dated November 13, 1998, a copy of which is attached hereto and incorporated by reference, are deemed admitted as true. 3. On December 11,1998, the Commission entered an Order of Probable Cause finding there was probable cause- to believe that the Respondent violated Sections 106.07(5), 106.19(1)(c), 106.19(1)(a), and 106.141(1), Florida Statutes. 4. On or about December 12, 1998, Respondent received a copy of the Order of Probable Cause and Statement of Findings. S. Pursuant to his receipt of the Order of Probable Cause, on December 12, 1998, Respondent, through counsel, requested a formal hearing, which is within 30 days of receiving the Order. of Probable Cause. ,._ .. « *.-. . E CONCLUSIONS OF LAW 6. The Commission has jurisdiction over the parties to and ,subject matter of this cause, pursuant to Sections 106.25 and 106.26, Florida Statutes. 7. The Commission staff and the Respondent stipulate that all the elements charged in the Order of Probable Cause can be proven by clear and convincing evidence. ORDER 8. The Respondent and the staff of the Commission have entered into this Consent Order voluntarily and upon advice of counsel. 9. The Respondent shall beaz his own fees and costs that are in anyway associated with this case. 10. The Respondent understands that before the Consent Order is final agency action, it must be approved by the Commission at a public meeting. 11. After the Consent Order is approved by the Commission, this Consent Order constitutes final agency action of the Commission on the violations chazged in the Order of Probable Cause. 12. The Respondent voluntarily waives the right to any further proceedings under Chapters 106 and 120, Florida Statutes, and the right to appeal the Consent Order. 13. This Consent Order is enforceable under Sections 106.265 and 120.69, Florida Statutes. The Respondent expressly waives any venue privileges and agrees that if enforcement of this Consent Order is necessary, venue shall be in Leon County, Florida. 14. The Respondent shall remit to the Commission a civil penalty in the amount of $ 750 for violating Sections 106.07(5), 106.19(1)©, 106.19(1)(a), and 106.141(1), Florida Statutes. The civil penalty shall be paid to the Florida Elections Commission, Room 2002, The Capitol, Tallahassee, Florida, 32399-1050. . t 15. The Respondent hereby agrees and consents to the terms of this Consent Order this 2? ~'~' day of February, 1999. The Commission staff hereby agree and .consent to the terms of this Consent Order this ~`'` da of.E , 1999. _~_ Y Michael T. McGuckin Assistant General Counsel Florida Elections Commission Room 2002, The Capitol Tallahassee, FL 32399-1050 Florida Bar No. 4881030 Approved by the Florida Elections Commission at its regularly scheduled meeting held on this L~' '"'aay of May, 1999 at Tallahassee, Florida and filed with the Clerk of the Commission on 1'Y1 ~~ ~, ~ ~ ~_ ~ ~ in Tallahassee, Florida. Chairman Florida Elections Commission Room 2002, The Capitol Tallahassee, FL 32399-1050 Copies furnished to: Michael T. McGuckin, Assistant General Counsel Mark Herron, Counsel for Respondent Randy Wayne Johnson, Respondent Thomas W. O'Connell, Complainant Filing Officer, Wrrv~~r ~. C,~ Tallahassee, Florida 32301 FLORIDA ELECTIONS COMMISSION Room 2002, The Capitol Tallahassee, Florida 32399-1050 (850) 922-4539 May 17, 1999 Mark Herron, Esq. 216 South Monroe Street Suite 200-A Tallahassee, Florida 32301 RE: Case No.: FEC 97-171 Dear Mr. Herron: The Florida Elections Commission at its last regularly scheduled meeting reviewed and voted to approve the Consent Order agreed to by the Respondent and Commission staff. I have enclosed for your records a copy the Consent Order signed by the Chairman. The Commission appreciates your cooperation and now considers this case closed. I would also like to add my appreciation for the cooperative manner in which this case was resolved. Please let me know if you have any questions or if I can be of any further assistance. Sincerely, i' ` ' ~ - Barbara M. Linthicum Executive Director Enclosure: Consent Order cc: Thomas W. O'Connell, Complainant Randy Wayne Nelson, Respondent w/o enclosure inter Springs City Clerk, Filing Officer FAA012 (08/98)