In Re: Alejandro Manuel Walters Case No.: FEC 13-215€¦ · In Re: Alejandro Manuel Walters...

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

In Re: Alejandro Manuel Walters

---------~' TO: Alejandro Manuel Walters

I 0500 SW 17th Comt Miramar, FL 33025

Case No.: FEC 13-215

Division of Elections 500 S Bronough Street, Room 316 Tallahassee, FL 32399

NOTICE OF HEARING (INFORMAL HEARING)

A hearing will be held in this case before the Florida Elections Commission on May 20, 2015, at 8:30 am, or as soon thereafter as the parties can be heard, at the following location: Department of Business and Professional Regulation, 1940 North Monroe Street, I 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 I 06 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 tire Connnission. Howevet, so111e cases (including tltose itt which consent-orders--or·'"fe>e6J'11:fl'tent!at~· )ffl-fflHt&il.-e!m1'Je----t cause are being considered) may be decided by an en mas se vote and, unless you request to be heard or the Commission requests that your case be considered separately on the day of the heating, your case will not be individually heard

If you are 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 masse 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 #13-215

/f.my :M.c'l(e1J1Jer 'Toman Executive Director Florida Elections Commission May 5, 2015

Please refor to the information below for farther instructions related to your particular hearing:

If this is a hearing to consider an appeal from an automatic fine, the Filing Officer has imposed a fine on you for your failure to file a campaign treasurer's report on the designated due date and, by filing an appeal, you have asked the Commission to consider either (1) that the report was in fact timely filed; or (2) that there were unusual circumstances that excused the failure to file the report timely. You are required to prove your case.. If the Commission finds that the repmt was filed timely or that there were unusual circUillstances that excused the failure, it may waive the fine, in whole or in part. The Commission may reduce a fine after considering the factors in Section 106 265, Florida Statutes. If the Commission finds that the report 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 order, 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 mder, the case will remain 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 r«ject the consent order If the Commission accepts the consent order, the case will be closed.. If the Commission rejects the consent order or does not make a decision to accept or deny the consent order, the Respondent will be entitled to another hearing to determine if the Respondent · · ·

If this is a probable cause hearing, the Commission will decide if there is probable cause to believe that the Respondent committed a violation of Florida's election laws.. Respondent should be prepared to explain how the staff in its recommendation inconectly applied the law to the facts of the case .. Respondent may not testifY, call others to testifY, or introduce any documentary or other evidence at the probable cause hearing The Commission will only decide whether Respondent should be charged with a violation and, before the Commission determines whether a violation has occurred or 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 pursuant Sections 120 569 and 120 57(2), Florida Statutes; Chapter 28 and Commission Rule 2B-l 004, Floiida Administrative Code At the hearing, 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 charged in the Order of Prnbable Cause At Respondent's request, the Commission may determine whether Respondent's actions in the case were willful The Respondent may also address the apprnpriateness of the recommended fine If Respondent claims that his limited resources make him unable to pay the statutory 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


In Re: Alejandrn Manuel Walters

TO: Alejandro Manuel Walters 10500 SW 17th Court Miiamar, FL 33025



NOTICE OF HEARING (PROBABLE CAUSE DETERMINATION)

A hearing will be held in this case before the Florida Elections Commission on February 25, 2015, at 8:30 am, or as soon thereafter as the parties can be heard, at the following location: Senate Oflice Building, Room 110-S, 404 South Monroe Street, Tallahassee, 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 are 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 masse 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


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#l3-215

J/,ttry :Mc1Cewer'Toman Executive Director Florida Elections Commission February 9, 2015

Please refer to the information below for farther instructions related to your particular hearing:

If this is a hearing to consider an appeal from an antomatic fine, the Filing Officer has imposed a fine on you for your failure to file a campaign treasurer's report on the designated due date and, by filing an appeal, you have asked the Commission to consider either (!)that the report was in fact timely filed; or (2) that there were unusual circumstances that excused the failUie to file the report timely You are required to prove your case If the Commission finds that the report was filed timely 01 that there were unusual circumstances that excused the failm e, it may waive the fine, in whole or in part The Commission may reduce a fine after considering the factors in Section 106 265, Florida Statutes. If the Commission finds that the teport 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 order, the case will be closed and become public.. If the Commission r~jects the consent 01der or does not make a decision to accept or deny the consent 01de1, 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 r ~jects the consent orde1 01 does not make a decision to accept or deny the consent order, the Respondent will be entitled to another hearing to determine if the Respondent committed the violation(s) alleged ..

If this is a pr·obable cause hearing, the Commission will decide if there is probable cause to believe that the Respondent committed a violation of Florida's election laws Respondent should be prepared to explain how the staff in its recommendation incorrectly 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 whether Respondent should be charged with a violation and, before the Commission determines whether a violation has occuned or a fine should be imposed, Respondent will have an opportunity for another heating at which evidence may be intrnduced

If this is an informal hearing, it will be conducted pursuant Sections 120 569 and 1205'7(2), Florida Statutes; Chapter 28 and Commission Rule 2B-L004, F101ida Administrative Code. At the hearing, the Commission will decide whether the Respondent committed the violation(s) charged in the Order of Probable 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 suppmt the violations charged in the Order of Probable Cause. At Respondent's request, the Commission may determine whether Respondent's actions in the case were willfol. The Respondent may also address the appropriateness of the recommended fine If Respondent claims that his limited resources make him unable to pay the statutmy fine, he must provide the Commission with written proof of his financial resources at the hearing. A financial affidavit form is available fiom the Commission Clerk


Florida Elections Commission, Petitioner.,

~· J.ELEC

Case No.: FEC 1.3-215 v.

Alejandro Manuel Walters, Respondent.

I

ORDER OF PROBABLE CAUSE

THIS MATTER was heard by the Florida Elections Commission (Commission) at its

regularly scheduled meeting on October 28, 2014, in Tallahassee, Florida

Based on the Complaint, Report of Investigation, Staffs Recommendation, and oral

statements made at the probable cause hearing, the Commission finds that there is probable

cause to charge Respondent with the following violation:

Count 1:

On or about February 4, 2013, Respondent violated Section 106 141(1), Florida Statutes, by failing to file timely a report reflecting the disposition of all remaining funds in his campaign account within 90 days after he withdrew, became unopposed, was eliminated, or elected

DONE AND ORDERED by the Florida Elections Commission on October 28, 2014

Copies furnished to: Eric M. Lipman, General Counsel

P:/Order of Probable Cause docx (07/14) FEC Case# FEC 13-215

Alejandro Manuel Walters, Respondent Division of Elections, Complainant

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 violation and agree to the amount of the fine.. The consent order is then presented to the Commission for its appwvaL To discuss a consent order, contact the FEC attorney identified in the Order of Probable Cause

Second, you may request an informal hearing held before the Commission, if you do not dispute any material fact in the Staff Recommendation You have 30 days from the date the Order of Probable Cause is filed with the Commission to request such a hearing. The date this order was filed appears in the upper right-hand comer of the first page of the order. At the hearing, you will have the light to make written or oral arguments to the Commission concerning the legal issues related to the violation( s) 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 the Order of Pwbable Cause is filed with the Commission to request such a hearing .. The date this order was filed appears in the upper righthand corner of the first page of the order 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, and to rebut the evidence presented against you.

If you do not elect to resolve the case by consent order or request a formal hearing at the DOAH or an informal hearing before the Commission within 30 days of the date this Order of Probable Cause is filed with the Commission, the case will be sent to the Commission for a formal or informal hearing, depending on whether the facts are in dispute The date this order was filed appears in the upper right-hand comer of the first page of the order..

To request a hearing, please send a wiitten 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

P:/Order of Probable Cause docx (07/14) FEC Case# FEC 13-215


In Re: Alejandro Manuel Walters

TO: Alejandrn Manuel Wallets 10500 SW 17th Court Miramar, FL 33025-3025


Division of Elections 500 S Bronough Sheet, Room 316 I allahassee, FL 3 23 99

NOTICE OF HEARING (PROBABLE CAUSE DEERMINATION)

A hearing will be held in this case before the Florida Elections Commission on October 28, 2014, at 8:30 am, or as soon thereafter as the parties can be heard, at the following location: Senate Office Building, Room S-110, 404 South Monroe Street, 1 allahassee, FL 32399.

Failure to appear in accordance with this notice will constitute a waiver ofyour 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 I 06..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 are 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 mas se 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.

lfyou require an accommodation due to a disability, contact Donna Malphurs at (850) 922-4539 or by mail at 107 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.

JI"!)' :MC!{eeoer <Toman Executive Director Florida Elections Commission October 13, 2014

Please refor to the info1mation below for fu1ther instmctions related to your patticular heating:

If this is a hearing to consider an appeal from an automatic fine, the Filing Officer has imposed a fine on you for your failure to file a crunpaign treasure1 's report on the designated due date and, by filing an appeal, you have asked the Commission to consider either (1) that the report was in fact timely filed; or (2) that there were unusual circumstances that excused the failure to file the report timely You ate required to prove your case.. If the Commission finds that the report was filed timely or that there were unusual circumstances that excused the failure, it may waive the fine, in whole or in patt. The Commission may reduce a fine after considering the factors in Section 106..265, Florida Statutes If the Commission finds that the report was not timely filed and there were no unusual circumstances, the fine will be upheld.

If this is a heating 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 order, the case will be closed and become public If the Commission r~jects the consent order or does not make a decision to accept or deny the consent order, the case will remain confidential, unless confidentiality has been waived.

If this is a heating to consider a consent order after a determination of probable cause has been made, the Commission will decide whethe1 to accept or reject the consent 01der .. If the Commission accepts the consent order, the case will be closed. If the Commission rejects the consent order or does not make a decision to accept or deny the consent 01der, the Respondent will be entitled to another heating to determine if the Respondent committed the violation(s) alleged ..

If this is a probable cause hearing, the Commission will decide if there is probable cause to believe that the Respondent committed a violation ofFlo1ida's election laws Respondent should be prepat·ed to explain how the staff in its 1ecommendation incorrectly applied the law to the facts of the case .. Respondent may not testify, call others to testify, or introduce any documentary or other evidence at the probable cause hearing The Commission will only decide whether Respondent should be charged with a violation and, before the Commission determines whether a violation has occurred or a fine should be imposed, Respondent will have an opportunity for another heating at which evidence may be introduced

If this is an informal hearing, it will be conducted pursuant Sections 120.569 and 120 57(2), Florida Statutes; Chapter 28 and Commission Rule 2B-l 004, Floiida Administrative Code .. At the heating, the Commission will decide whethe1 the Respondent committed the violation(s) charged in the Order of Probable Cause The Respondent will be pe1mitted to testify. However the Respondent may not call witnesses to testify.

Respondent may atgue why the established facts in the Staff Recommendation do not support the violations chatged in the Order of Probable Cause At Respondent's request, the Commission may determine whether Respondent's actions in the case were willful. The Respondent may also address the approp1iateness of the recommended fine. If Respondent claims that his limited 1esources make him unable to pay the statutory fine, he must provide the Commission with written proof of his financial resources at the heating A financial affidavit form is available from the Commission Clerk

c

FLORIDA ELECTIONS COMMISSION 107 W,. Gaines Street, Suite 224

Collins Building Tallahassee, Florida 32399-1050

Alejandro Manuel Walters 10500 SW 17th Court Miramar, FL 33025-3025

(850) 922-4539

August 15, 2014

RE: Case No.: FEC 13-215; Respondent: Alejandro Manuel Walters

Dear Mr Walters:

The F101ida Elections Commission at its last regularly scheduled meeting was unable to hear this case .. Therefore, this case has been rescheduled for its next meeting, which is scheduled for Octobe1 28-29, 2014 in Tallahassee .. A notice of hearing will be mailed approximately 14 days before the heating.

If you have any questions, please contact us at the numbe1 listed above or at [email protected] ..

AMT/enr cc: Division of Elections, Complainant

Aut029(12/08)

Since1ely,

/s/flmy :Mc'Xftever<J'oman Executive Di1ector


In Re: Alejandro Manuel Walters Case No.: FEC 13-215

TO: Alejandro Manuel Walters 10500 SW 17th Court Miramar, FL 33025-3025


NOIICE OF HEARING (PROBABLE CAUSE DEERMINATION)

A hea1ing will be held in this case before the Florida Elections Commission on August 5, 2014, at 11:00 am, or as soon thereafter as the parties can be heard, at the following location: Senate Office Building, Room S-110, 404 South Monroe Street, Tallahassee, FL 32399,

Failure to appear in accoidance 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 heating, 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 mas se vote and, unless you request to be heard 01 the Commission requests that your case be considered separately on the day of the hearing, your case will not be individually heard

If you are the Complainant, you may attend the heating, 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 mas se vote and, unless the Respondent requests to be heard or the Commission requests that the case be considered separntely on the day of the hearing, the case will not be individually heard


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 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 hea1ing

See fmther instructions on the 1everse side,

Jl.n;y :MCJ(eever'l'oman Executive Director Florida Elections Commission July 16, 2014

Please refe1 to the infotmation below for fmther instructions related to your patticular heating:

If this is a heating to consider an appeal from an automatic fine, the Filing Officer has imposed a fine on you fq1 your failure to file a campaign treasurer's repott on the designated due date and, by filing an appeal, you have asked the Commission to conside1 either (1) that the 1epo1t was in fact timely filed; or (2) that there were unusual circumstances that excused the failure to file the report timely. You are required to prove yom case If the Commission finds that the repo1t was filed timely or that there were unusual ciicumstances that excused the failure, it may waive the fine, in whole or in patt The Commission may reduce a fine after considering the factors in Section 106 265, Florida Statutes If the Commission finds that the repott was not timely filed and there were no unusual citcumstances, the fine will be upheld

If this is a heating to consider a consent order before a determination of probable cause has been made, the Commission will decide whethe1 to accept or reject the consent order.. If the Commission accepts the consent order, 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 remain 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 order If the Commission accepts the consent order, the case will be closed. If the Commission 1ejects the consent 01der or does not make a decision to accept or deny the consent order, the Respondent will be entitled to another heating to dete1mine if the Respondent committed the violation(s) alleged

If this is a probable cause hearing, the Commission will decide if there is probable cause to believe that the Respondent committed a violation of Florida's election laws .. Respondent should be ptepared to explain how the staff in its recommendation incorrectly applied the law to the facts of the case. Respondent may not testify, call others to testify, or introduce any documentary or other evidence at the probable cause hearing The Commission will only decide whether Respondent should be charged with a violation and, befo1e the Commission dete1mines whethet a violation has occmred or a fine should be imposed, Respondent will have an oppo1tunity for another heaiing at which evidence may be introduced

If this is an informal hearing, it will be conducted pmsuant Sections 120 569 and 120.57(2), Florida Statutes; Chapter 28 and Commission Rule 2B-l .004, Florida Administrative Code. At the hearing, 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 suppott the violations charged in the Otder of Probable Cause At Respondent's request, the Commission may detetmine whether Respondent's actions in the case were willful. The Respondent may also address the appropriateness of the recommended fine If Respondent claims that his limited resources make him unable to pay the statutory fine, he must provide the Commission with written proof of his financial resources at the hearing A financial affidavit fotm is available from the Commission Clerk.


In Re: Alejandro Manne! Walters Case No.: FEC 13-215

STAFF RECOMMENDATION FOLLOWING INVESTIGATION

Pursuant to Section 10625(4)(c), Florida Statutes, undersigned staff counsel files this written recommendation for disposition of the complaint in this case recommending that the1e is probable cause to chaige Respondent with violating Section 106.141(1), Florida Statutes Based upon a thorough review of the Repo1t ofinvestigation submitted on Januaiy 24, 2014, the following facts and law suppo1t this staff 1ecommendation:

I On July 16, 2013, the Florida Elections Commission ("Commission") 1eceived a refonal from the Division of Elections ("Division") alleging that Alejandro Manuel Walte1s ("Respondent") violated Chapter I 06, Florida Statutes

2 Respondent was a candidate for State Representative, District 102 in the 2012 election On June 8, 2012, Respondent filed his State of Florida Appointment of Cainpaign Treasurer and Designation of Campaign Depository of Candidates form ("DS-DE 9") appointing himself as treasurer of his campaign (ROI Exhibit 2)1

3. By letter dated November 27, 2013, the Executive Director notified Respondent that Commission staff would investigate the following alleged violation:

Section 106.141(1), Florida Statutes: Al('.jandro Manuel Walters, candidate for State Representative, District I 02, during the 2012 election cycle, and designated as the treasurer for his own campaign, failed to file the 2013 Termination Report reflecting the disposition of all 1emaining cainpaign fonds, that was due on or before February 4, 2013, as alleged in the complaint.

4 By letter dated June 13, 2012, the Division sent Respondent a letter acknowledging that his name had been placed on the 2012 active candidate list The letter also advised Respondent that all candidates filing reports with the Division aie required to use the electronic filing system (EF S), and provided Respondent with an initial PIN and password allowing him to access the EFS .. (ROI Exhibit 7)

1 The Report oflnvestigation is referenced to herein as "ROI"

Staff Recommendation FEC 13-215

' I

'

5 The June 13, 2012 acknowledgment lettet also info1med Respondent that all of the Division's publications and reporting fo1ms are available on the Division website, including Chapte1 106, F101ida Statutes, the Candidate and Campaign Treasure! Handbook, and the Division's Calendar of Reporting Dates Id

6. By memotandum dated November 9, 2012, Ktisti Reid Bronson, Chief, Bureau of Election Records, Division of Elections, notified Respondent that his 2013 Termination Repo1t was due no later than Februruy 4, 2013. (Attachment A)

7. Respondent failed to file his 2013 Termination Report by Februruy 4, 2013, the repo1ting due date (ROI Exhibit 6)

8 By letters dated Februruy 5, 2013, and Apdl 17, 2013, the Division sent Respondent notifications informing him that his 2013 Termination Report had not yet been received.2 (ROI Exhibits 3 and 4)

9 On June 14, 2013, the Division sent Respondent a Final Notice informing him that his 2013 Termination Repo1t still had not been filed .. The letter was confirmed delive1ed on June 18, 2014 .. (ROI Exhibit 5, pages 1 & 4)3

10.. As of Ap1il 17, 2014, Respondent has not filed his 2013 I ermination Report (See Attachment B)4

11.. "Probable Cause" is defined as reasonable ground of suspicion supported by circumstances sufficiently strong to wru1ant a cautious person in the belief that the person has committed the offense charged .. Schmitt v State, 590 So2d 404, 409 (Fla 1991). Probable cause exists where the facts and circumstances, of which an [investigato1] has reasonably trustworthy information, are sufficient in themselves for a reasonable pe1son to reach the conclusion that an offense has been committed Department of Highway Safety and Motor Vehicles v Favino, So2d 305, 309 (Fla 1st DCA 1995)

12 The facts above show that Respondent was a candidate for State Representative, District 102, in the 2012 election. Respondent failed to timely file his 2013 Termination Rep01t Despite receiving written notice of the February 4, 2013 report due date, and thtee notices that his rep01t had not been filed, as of April 17, 2014, Respondent has not filed his 2013 Termination Report

2 All written conespondence from the Division to the Respondent was sent to the address Respondent provided on

his DS-DE 9 form (ROI Exhibits 2, 3, 4, 5, and 7)

3 Copies of the Division's February 5, 2013, and April 17, 2013 letters were attached to the June 14, 2013 Final

Notice (ROI Exhibit 5, pages 2 and 3)

4 At its February 25 & 26, 2014 meeting, Respondent was fined a total of $3,000 for failing to file timely his 2012

02, 2012 03, and 2012 04 Reports (Case Numbers FEC 13-015 and FEC 13-048)

Staff Recommendation FEC 13~215 2

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

Count 1:

On or about Februaty 4, 2013, Respondent violated Section 106.141(1), Florida Statutes, by failing to file timely a report reflecting the disposition of all iemaining funds in his cainpaign account within 90 days after he withdrew, became unopposed, was eliminated, or elected

Respectfully submitted on April }2_, 2014,

Elie M Lipman General Counsel

I reviewed this Staff Recommendation this ZI sty of April 2014 ..

Staff Recommendation FEC 13-215 3

FLORlDA DEPARTMEfil of STATE RICK SCOTT

Governor

MEMORANDUM

TO: 2012 General Election Candidates

l!'ROM: Kristi Reid Bronson, Chiedf .~ Bureau of Election Recor s

DATE: November 9, 2012

SUBJECT: I ermination Reports ------------·····--·-····· ----· ···-·············-·

KENDETZNER Secretary of State

Candidates must dispose of all funds on deposit in the campaign account pu:tsuant to the provisions of Section 106 .I 41, Florida Statutes, within 90 days of the election Therefore, yom termination report (IR) must be filed using the Electronic Filing System no later than February 4, 2013. You are not required to close the canrpaign prior to the due date; however, you must have written checks disposing of all smplus funds by this date.·

You may :file yom report at any time prior to the deadline once you have disposed of all funds. In. or de!.' to file your termination~ort.prior to February 4, 2013, you will need to change the cover period., (See attached example,)

If you have any questions, please contact this office at 850··245 ·6280

KRB/blm

Attachment

Attachment A 1 P~e.1

Division of' Elections R.A, Gray Bldg., Rm, 316 • 500 S Bx·onough St • Tallahassee, Ffoxida 32399-0250

Telephone: (850) 245·6240 • Facsimile: (850) 245-6260 elections.myflorida.com

VIVA fLDRfDA 500., Commemorating 5.00 yeaxs oIFlonda lllstoxy wwvr.flaSOO::-com VIVA HORIDASOG

(

The ending date for the cover period ,!11USt be changed in order to file your report before the due date.

Attachment A, to.Jt 2...

I '-\

If you file your Termination Report PRIOR to February 4, 2013,

change the cover period end date in the EFS System to the date you

are filing your report.

, 'i:overa<le l>eribas ' i bi~)1aign financ~:repor{s<~¢e·.~nadcl;~· ; ' vi~!li:&'iliitri~g dud®. a~ : :· , ;d~ed by firstse1~ng il:!e~l~9!.oi<i1~;" . ·i;Ji~~ ~~p9f:l typl>i&,¥~ i.

;fiUng dUedate cf 6'eif<!P9ct:~<;Li.tilro~Jf.". .. !/camda~d Wit\t'thi!i~¢1e~~ C'JIA..i!\l'GE mE END ; ' : i

"·,

DA'fE !IEEE ro 1'BE DATE YOU ARE FILING

YOUR TR REPORT

Attachment I\ 1 ~~'-3

;: ;

····--~-··-~----·-·---~--------·------·-· -

/ I ' ' I

FLORIDA ELECTIONS COMMISSION REPORT OF INVESTIGATION


Respondent: Alejandro Manuel Walters Counsel fo1 Respondent: n/a

Complainant: Division of Elections Counsel for Complainant: n/a

Pursuant to Section 106.25, Florida Statutes, on July 16, 2013, the Florida Elections Commission received info1mation from the Division of Elections that Respondent violated Chapter 106, Floiida Statutes The Division's referral was mandated pu1suant to Section 106.07(8)(d), F101ida Statutes. Commission staff investigated whether Respondent violated the following statute:

Section 106.141(1), Florida Statutes, failure of a candidate to file a termination report reflecting the disposition of all remaining funds in his campaign account within 90 days after he withdrew, became unopposed, was eliminated, or elected ..

L Preliminary Information:

L Respondent was a candidate for the office of State Representative, District 102 during the 2012 election cycle Respondent was defeated in the election

2 Complainant is the Division of Elections

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

II. Alleged Violation of Section 106.141(1), Florida Statutes:

4 I investigated whether Respondent violated this section of the election laws by not filing a 2013 Termination Report (TR), due by February 4, 2013

5. A DOE staff representative, Kristi Reid-Bronson, submitted a sworn affidavit dated July 1, 2013 regarding Respondent's failure to file a 2013 TR Report or to provide a written explanation as to the same To review a copy of the July 1, 2013 sworn affidavit, refor to exhibit L

6 On June 8, 2012, Respondent filed his original Appointment of Campaign Treasure1 and Designation of Campaign Depository form (DS-DE 9) with his filing officer Respondent appointed himself as his own campaign treasurer.. To review a copy of Respondent's DS-DE 9 form, refor to exhibit 2

7.. On February 5, 2013, Complainant mailed Respondent a failure-to-file letter informing him that a 2013 TR Report had not been received This letter was sent to the address

Inv002 (7/08) 1

' I (

Respondent provided on his DS-DE 9 form (Exhibit 2) To review a copy of the February 5, 2013 failure-to-file letter, refer to exhibit 3 ..

8.. On Ap1il 17, 2013, Complainmt mailed Respondent a second failure-to-file letter informing him that a 2013 TR Repmt still had not been received This letter was also sent to the address Respondent provided on his DS-DE 9 form (Exhibit 2) To review a copy of the April 17, 2013 failure-to-file letter, refer to exhibit 4

9.. On June 14, 2013, Complainant mailed Respondent a ce1tified final notice letter informing him that a 2013 TR Report still had not been received .. This letter was also sent to the address Respondent provided on his DS-DE 9 form (Exhibit 2).. Complainant included a delivery confirmation receipt as an attachment To review a copy of the June 14, 2013 ce1tified final notice with delivery confomation, refer to exhibit 5

10 As of the date of this repo1t, there is no record that Respondent has filed a 2013 IR Repo1t, or provided a written explanation regarding the same Io review a copy of Respondent's filing history, refer to exhibit 6

11. There is no record that Respondent has p1eviously violated this section of the election laws ..

III. FEC History:

12 Respondent is cuIIently involved in two other failure-to-file investigations FEC 13-015 md 13-048 will be being heard during the February Commission meeting.

Conclusion:

13 . Respondent was offered an oppo1tunity to make comments regarding the findings of this investigation. Respondent did not respond to any of the previous attempts at contact

14 In a June 13, 2012 acknowledgement letter, Complainant informed Respondent that all of the Division's publications md reporting forms are available on the Division of Elections' website In the letter, Respondent was admonished as follows: "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, 2012 Candidate and Campaign Treasurer Handbook, 2012 Calendar of Reporting Dates, and Rule 1 S-2.017, Florida Administrative Code" To review a copy of the June 13, 2012 acknowledgement letter, refer to exhibit 7.

15. On June 8, 2012, Respondent filed his Statement of Candidate for State Representative, District 102 acknowledging that he had been provided access to read md understand the requirements of Chapter 106, Florida Statutes Io review a copy of the Statement of Cmdidate, refer to exhibit 8.

Inv002 (7/08) 2

(

.- - -- - ' CunentadClress 9f Respondent·

Mr Alejandro Manuel Walters 10500 SW 17th Court Mitamar, Fl 33025

/ '//•

N am;e a)J;d Addr~~s ofFilmg;.orficel'.: .. - "ii -- -- " ',,;; - <<' '"><'.' \',,:--

Ms .. Kristi Reid-Bronson Chief of Bureau of Election Records 500 South Bronough Street, Room 316 Tallahassee, Fl 32399

Respectfully submitted on January 24, 2014,

Cedric Oliver Investigation Specialist

Cllnent address of Complainant

Division of Elections 500 South Bronough Street, Room 316 I allahassee, Fl 32399

Copy furnished to: Mr. David Flagg, Investigations Manager

Inv002 (7/08) 3

I

j

I

I

I I I I

(

FLORIDA ELECTIONS COMMISSION REPORT OF INVESTIGATION

Alejandro Manuel Walters -- FEC 13-215

Exhibits #s Description of Exhibits

Exhibit 1 July 1, 2013 sworn affidavit from DOE

Exhibit 2 Respondent's DS-DE 9 form

Exhibit 3 Februruy 5, 2013 failure-to-file lette1

Exhibit 4 April 17, 2013 failure-to-file letter

Exhibit 5 June 14, 2013 failure-to-file letter

Exhibit 6 Respondent's filing histo1y

Exhibit 7 June 13, 2012 Acknowledgment Letter

Exhibit 8 Statement of Candidate

Inv004 (5/08)

STATE OF FLORIDA

County of Leon

AFFIDAVIT

Kristi Reid Bronson, being duly sworn, says:

(

L I am the Chief of the Bureau of Election Reco1ds of the Division of Elections (Division). In that capacity, I ove1see the Division's duties related to the filing of campaign finance repp1ts

2.. This affidavit is made upon my pe1sonal knowledge, including information obtained fiom review of the attached records, of which I am the custodian

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

4.. Alejandro Walters (58568) was a candidate for the office of State Representative, during the 2012 election cycle .. Mr Walte1s has failed to file the 2013 termination report

5. On June 8, 2012, Mr Walters filed the Appointment of Campaign Treasurer and Designation of Campaign Depository with the Division Mr waiters appointed himself as treasurer

6.. On February 5, 2013, the Division mailed Mr.. Walters notification that the 2013 Termination report had not been filed (See attached letter)

7. On April 17, 2013, the Division mailed Mr Walters notification that the 2013 Termination report had not been filed (See attached letter) ..

8 On June 14, 2013, the Division mailed Mr Walters final notification with delivery confirmation that the 2013 Termination report had not been filed (See attached letter with delivery confirmation).

EXHIBIT 000002

.INV035 (5/00) .

/

I

9 As of July!, 2013, Mr Walters has failed to file the 2013Termination1epo1t

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

EXHIBIT ) ( U r.J&J ,. JNY0>5,(51QO)

4,. ,,-Amo::

Sworn to (or affirmed) and subscribed before of Jul , 13,

Print, 'Iype, or Stam7Co lssione Public

Personally Known __

000003

Name of Notary

(

APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDIDATES

(Section 106.021(1), F S)

(PLEASE PRINT OR TYPE)

NOTE: This form must be on file with the qualifying

... , .. c·· ' - I' .. : .. ': .".:. :.:. I ·.,J ~

. ' . \

2012 JUN -8 AH 9: 25

'' I 1·\ '''I IL I I "' $\AT;:: 61V1s10H Or ELi Cl IONS

officer before o enin the cam ai n account. OFFICE USE ONLY

1 j CHECK APPROPRIATE BOX( ES): l:ilJ Initial Filing of Form Re-filing to Change: 0 Treasurer/Deputy 0 Depository 0 Office 0 Party

2 Name of Candidate (in this order: First, Middle, Last)

Ille o.cul.""'-.· ---'-'-'-"~----"-"""" 4 T phone

6 Office sought (include district, circuit, group number)

3 Address (include post office box or street. city state, zip code)

/ osw .. :t,,u 171<. C.LJ<.1rl-

fhi'raror 1'2 '3,3() ZS

7 If a candidate for a nonpartisan office, check if applicable:

<:.'I I f\ I I -0.. O My intent is to run as a Write-In candidate ~le K.epreServta;f.tk.- -~11 =~.LJ:.,_--'---8 If a candidate for a partisan office, check block and fill in name of party as applicable: My intent is to run as a

fl! Write··ln 0 No Party Affiliation 0 __ Party candidate

9. I have appointed the following person to act as my IR! Campaign Treasurer O Depuly Treasurer

10 N me of Treasurer or Deputy Treasurer

· fYlanuef Wodtt:r.5 12 Telephone

13. City !

14. County 15 State 16. Zip Code E-mail address

I 3~ /, 18 I have designated the following bank as my epository

19 Name of Bank

c 21 City 22 County 23 State 24. Zip Code

(_ . 33o' -UNDER PENALTIES OF PERJURY. I DECLARE THAT I HAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND

DESIGNATION OF CAMPAIGN DEPOSITORY ANO THAT THE FACTS STATED IN IT ARE TRUE.

25 Date 26 .. Signature of Candidate

x 27 Treasurer's Acceptance of Appointment (fill in

I, _j}~ndco /1/lqn(Ao/ Wa /fe,,-,s (Please Print or Type Name)

, do hereby accept the appointment

designated above as:

_ __,_0!-"-7Lw12 Campaign Treasurer D Deputy Treasurer

x Date ignature of Campaign Treasurer or Deputy Treasurer

OS-DE 9 (Rev.10110)

EXHIBIT d Rule 1 S-2 .. 0001, F.AC

--------

!' cbruary S. 2013

Mr. Alejandro Walters

FLORIDA DEPARTMEN1 OF STATE Ken Dctzner

Secretary ot' State

DIVISION OF ELECTIONS

Candidate for State Representative. District I 02 1 0500 SW I 7th Court Miramar, !' l 33025<l025

Re: CAN 58568

Dear Mr Walters:

Your campaign treasurer's repmt, which was due February 4 .. 2013, has not been received.

Section I 06 07(8}(b), Florida Statutes, requires that the filing officer immediately notify you of the failure to !ile said report. The fine for termination reports for candidates, shall be $50 per day for each lat~ day, not to exceed 25% of the total receipts or expendimres, whichever is greater, for the period covered by the late repor1.

Once your report is filed, this office will notify you of the specific amount of your fine. Fines must be paid to the filing officer within 20 days of 1cceipt of the payment dl!e notic~

P lea,;e be advised,. however, that failu1 e to file a campaign treasure(s report may constitute a violation of Chapter 106, florida Statutes, independent of tile automatic fine violation referenced above Therefore, if you fail to file a repon, the division will turn the matter over to the Florida Elections Commission

lf)ou have any questions, please contact the help desk at (850) 245··6280

Sincerely.

c:~t) /Vi--A ~-~'-,,,,q ~ Kristi Reid Bronson, Chkf Bui cau of E \ection R~cords

EXHIBIT__,3""4--__ _ 000004

Second Notice

April 17, 2013

Mr Al~jandro Walters

(

FLORIDA DEPARTMENT OF STATE Ken Detzner

Secretary of State


Candidate for State Representative, District 102 l 0500 SW 17th Court Miramar, FL 33025 ... 3025

Re: CAN 58568

Dear Mr Walters:

Your campaign treasurer's report, due February 4, 2013, has not been received.

Section I 06. 07(8)(b), Florida Statutes, tequires that the filing officer immediately notify you of the failure to file said report. The fine for termination reports for candidates, shall be $50 per day for each late day, not to exceed 25 percent of the total r·eceipts or expenditures, whichever is greater, for the period covered \)y the late report

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 February 5, 2013. As of this date, we do not show a record ofteceiving this report

If the report is not received in our office within 14 days of the date this notice is i-eceived, our office will refer this matter to the Florida Elections Commission for forther action Section I 06265( 1 ), F101ida Statutes, authorizes the Florida Elections Commission, upon finding a willfol violation of Chapter 106, Florida Statutes, to impose a civil penalty of up to $1,000 pe1 count

If you have any questions, please contact the help desk at (850) 245-6280

Sincerely,

dj ;t~~~>~) .. .a.:o-f.l-Krisii Reid Bronson, Chief Bureau of Election Records

EXHIBIT __ ~-i----

~

RICK SCOTT Governor


FINAL NOTICE Delivery Confirmation: 7013 1090 0002 4070 603 I

June 14, 201.l

Mr. Alejandro Manuel Walters Candidate for State Representative, District 102 (58568) I 0500 SW 17'h Court Miramar, Florida 33025

Dear Mr.. Walters:

According to a review of the Division's records the following report has not been filed:

Year

20l3

Report

TR

Cove!: Period

11/02/2012 - 02/04/2013

The candidate has previously been notified of the report that is outstanding Enclosed are copies of lette1s sent by the Division lf the report is not filed within 7 days of receipt of this letter, the Division will forward this matter to the Florida Elections Commission for further action Section I 06..265( I), 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 the Help Line at (850) 245-6280

Sincerely,

Kristi Reid Bronson, Chief Bureau of Election Records

KR Bib Im

Enclosures

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

Commemorating 500 yea,.s of Florida history www.,fla500.com ~ VIVAHORIDA 500

~H16.IJ 5 c I of- 4 ) VIVA HORIDA500

(

February 5 2.013

Mr Alcja11dro Walters

FLORIDA DEPARTMENT OF STATE Ken Dctzner S~·cretar~ of State


Ca11didate for S1atc Representative. Dis1ric1 102 I 0500 SW 171h Court Miramar, IL 33025·3025

Re: CAN 58568

Dear Mr Wailers:

Your campaig11 treasurer's report, which was due fcbruary4. 2013, has not been received.

Section 106 07(8)(b). Florida Statutes, requires that the filing officer immediately no1ify you of the failure t<> Ii le said report The fine for termination reports for candidates, shall be $50 per day for each lat<; day, not to exceed 25% of the total receipts or expenditures, whichever is greater. for the period covered by the late repon.

Once your report is filed, this office will notif\ you of the specific amount of your fine Fines must be paid tn the fi I ing officer within 20 days of 1 eceipt of the payment due notice

Please be advised. however, that failu1 e 10 file a campaign treasll!er s repor1 may constitllle a violation of Chapter I 06, fforida Statutes, independent of the automatic line violation rderenced above Therefore. if )OU fail to file a report .. the division will tum the matter over to the Florida Elections Commission

If )OU have a11y questions please contact the help desk al (850) 145-6280

Sincerely.

~ /1---~~ci ~~U-,;-~ Kristi Reid Bronson. Chid Bui cau of Election Records

EXHIBIT 0 ( QJ: 4) !he R A Gray Building··Room 316 • 500 South Bronough Street • Tallahassee FL 32399-0250 • (850) :)45-6240

( '

' I I,

FLORJDA DEPARTMENT OF STATE Ken Detzner

Secretary of State


Second Notice

April 17, '201'3

Mr· Alejandro Walters Candidate for State Representative, District \ 02 10500 SW 17th Court Miramar, FL 33025-.3025

Re: CAN 58568

Dear Mr. Walters;

Your campaign treasurer's report, due February 4, 2013, has ne>t been received

Section \06 07(8)(b), Florida Statutes, requires that the filing officer immediately notify you of the failure to file said report. The fine for terrnination reports for candidates, shall be $50 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report

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 February 5, 2013 As of this date, we do not show a record of receiving this report.

If the report is not received in our office within 14 days of the date Lhis notice is received, our office will refer this matter to the Florida Elections Commission for further· action Section 106 265(! ), Florida Statutes, authorizes the Florida Elections Commission, upon finding a will fol violation of Chapter I 06, Florida Statutes, to impose a civil penalty of up to $1,000 per count.

If you have any questions, please contact the help desk at (850) 245-6280

Sincerely,

~~~~;~ Krisli Reid Bronson, Chief Bureau of E \ection Records

EXHIBIT Q ( 3 ~ lf) The RA Gray Building-Room 316 • 500 South Bronough Street • Tallahassee FL 32399-0250 • (850) 245-6240

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. c7 \) Florida Department of State - Division of Elections

Florida Election System Reports Candidate Name: Alejandro Manuel Walters

Account: 58568

~1.a•. @1!.11·'111• llllllllllltu:&U.illllilil.1111

2/4/2013 TR FEC 0 $0 00 $0 00 $0 00 11/2/2012 G4 FEC 0 $0 00 $0 00 $0 00 10/19/2012 G3 FEC 0 $0 00 $0 00 $0 00 10/5/2012 G2 FEC 0 $0 .00 $0 00 $0 00 9/21/2012 G1 9/28/2012 CLO 7 $0 00 $0 00 $0 00 8/10/2012 F3 8/11 /2012 CLO $0 00 $0 00 $0 00 7/27/2012 F2 7/27/2012 7/13/2012 F1 7/13/2012

RICK SCOTT Governor


June 13, 2012

Mr Alejandro Manuel Walters I 0500 Southwest l 71

h Court Miramar, Florida 33025

Dear Mr .. Walters:

This will acknowledge receipt of the Appointment of Campaign Treasurer and Designation of Campaign Depository for the office of State Representative, which was placed on file in our office on June 8, 2012 Your name has been placed on the 2012 active candidate list

Campaign I reasur:er's Reports

Your first campaign treasurer's report will be due on July 13, 2012 The report will cover the period of April l, 2012 ·-July 6, 2012. All candidates who file reports with the Division of Elections are required to file by means of the Division's electronic filing system (EFS)

Cr edentialS_.lJnd Sign-ons

Below is the v,cb 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 v,ill be immediately prompted to change it to a confidential sign-on. You, your campaign treasurer, and deputy treasurers are responsible for protecting these passv,ords 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 Address: https://efs dos state.flus Identification Number: 58568

Division of Elections R.A, Grny Bldg., Rm .. 316 • 500 S Bronough St.• Tallahassee, Florida 32399··0250

Telephone: (850) 245-6240 • Facsimile: (850) 245 .. 6259 elections .. myfloI'ida,,coni Commemorating 500 years of Florida history wwwJlaSOO .. com

)l VIVA flORIDA 500

;

I

Mr Alejandro Manuel W~. June 13, 2012 Page Two

Pin Numbers

Pin numbers are confidential secure credentials that allow you to submit reports and update personal information The enclosed sealed envelope contains your confidential pin numbers

Each candidate is required to provide the Division of Elections with confidential personal information 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 is your mother .s maiden name?) and supply an answer All passwords and answers to questions are 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

Tim~!y_!jling

All reports filed must be completed and filed through the EFS not later than midnight of the 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 report 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 <luting 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 fiist 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 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 peiiod covered by the late repoit

Electronic Receipts

The person submitting the report on the EFS will be issued an electronic receipt indicating and verifying the report 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 subject to the pro\ isions of Section 106 07(5), Florida Statutes

/

Mr Alejandro Manuel J!a June 13, 2012 Page Three

Instructions and Assistance

An online instruction guide is available to you on the EFS to assist with navigation, data entry, and submission of reports The Division of Elections will also provide assistance to all users by contacting the EFS Help Desk at (850) 245-6280

All of the Division's publications and r·eporting forms are available on the Division of Elections' web site at http:llelections.myflor'ida .. com. It is your responsibility to read, understand, and follow the requirements of Florida's election laws. Therefor·e, please print a copy of the following documents: Chapters 104 and 106, Florida Statutes,20/2 Candidate and Campaign heasurer Handbook, 2012 Calendar of Reporting Dates, and Rule IS-2.017, Florida Administrative Code ..

Please let me know if you need additional information.

Sincerely,

Kristi Reid Bronson, Chief Bureau of Election Records

KRB/mcc

Enclosures

EXHIBIT 1( '.JJ 3)

' I

l '. '·c: f .: \ : P~Fic'E. USE ONLY : : ' ' : I . ~.: : ,

STATEMENT OF CANDIDATE

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

(Please print or type)

2612 JUN -8 Atl 9: 25 · · . iiiArE

tii~i'siorl'oF' h'.tc11o~s

I, !l/.e;Jaalco rna~L Wa.l+er.s candidate for the office of JJ-o:k. Re<presC41Wke, 1 b:1~riGt /O L.. ;

have been provided access to read and understand the requirements of

Chapter 106, Florida Statutes

.. x 4..L ~~ -7ui£:s __ Signature of Candidate 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), 106.265(1 ). Florida Statutes).

DS-DE 84 (05/J 1)

EXHIBIT 3 ---'-~----

' i

FLORIDA ELECTIONS COMMISSION 107 W. Gaines Street,

Suite 224 Collins Building Tallahassee, Florida 32399-1050

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

November 27, 2013

CERTIFIED MAIL 7004 2510 0001 4740 2577

Alejandro Manuel Walters 10500 SW 17th Court Miramar, FL 33025-3025

RE: Case No.: FEC 13-215; Respondent; Alejandro Manuel Walters

Dear Mr Walters:

On July 16, 2013, the Florida Elections Commission received a refonal fiom the Division of Elections alleging that you violated Florida's election laws I have reviewed the refonal and find that it contains one or more legally sufficient allegations The Commission staff will investigate the following alleged violation:

Section 106.141(1), Florida Statutes: Alejandro Manuel Walters, candidate for State Representative, District 102, during the 2012 election cycle, and designated as the treasurer for his own campaign, failed to file the 2013 Termination Report reflecting the disposition of all remaining campaign funds, that was due on or before February 4, 2013, as alleged in the complaint

You may respond to the allegation above by filing a notarized statement providing any information regarding the facts and circumstances sunounding 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 1 eport.

When we conclude the investigation, you will receive a copy of the Report ofinvestigation. You may file a response to the report within 14 days fiom 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 I 06, 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 Chapters 104 or 106, Florida Statutes .. You and the complainant will receive a

ComOl 1 (10/07)

notice of hearing at least 14 days before the heaiing. The notice of hearing will indicate the location, date, and time of your heaiing You will have the oppo1tunity to make a brief oral statement to the Commission, but you will not be peimitted to testify or call others to testify, 01 intJoduce any documeittary or other evidence

At any time befote a probable cause finding, you may notify us in wiiting that you want to enter into negotiations directed towards reaching a settlement via consent agreement

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

Under section 106 25, 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 confidetttiality 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 membe1 of the Commission staff can discuss this case with him or her.

If you have any questions 01 need additional info1mation, .please contact Cedric Oliver, the investigator assigned to this case.

AMT/enr

ComOI I (8/08)

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Sincere!

Amy McKeeve man Executive Dire tor

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DIVISION OF ELECTIONS FEC REFERRAL FORM

To FEC from Division of Elections

Name: Alejandro Manuel Walters ~ Account Number: 58568

Treasurer: Alejandro Manuel Walters

/3-~ 15" I

The Division of Elections is referring this issue to the Florida Elections Commission pursuant to Section 106 .. 25, Florida Statutes Section 106. 07(8)(d) Florida Statutes, requires the filing officer to notify the FEC of a candidate's or political committee's alleged failure to file reports as set forth in the notification.

The following reports are outstanding after notification:

2013 Termination Report

Sent By: Date:

Kristi Reid Bronson VJP July1,2013

000001

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STATE OF FLORIDA

County of Leon

AFFIDAVIT

Kristi Reid Bronson, being duly sworn, says:

I. I am the Chief of the Bureau of Election Records of the Division of Elections (Division) In that capacity, I oversee the Division's duties related to the filing of campaign finance repqrts ..

2 This affidavit is made upon my personal knowledge, including information obtained from review of the attached records, of which I am the custodian.

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

4 Alejandro Walters (58568) was a candidate for the office of State Representative, <luting the 2012 election cycle Mr Walters has failed to file the 2013 termination report

5 On June 8, 2012, Mr Walters filed the Appointment of Campaign Treasmer and Designation of Campaign Depository with the Division Mr waiters appointed himself as treasurer

6. On February 5, 2013, the Division mailed Mr Walters notification that the 2013 Termination report had not been filed (See attached letter)

7. On April 17, 2013, the Division mailed Mr Walters notification that the 2013 Termination report had not been filed.. (See attached letter)

8. On June 14, 2013, the Division mailed Mr .. Walters final notification with delivery confirmation that the 2013 Termination report had not been filed .. (See attached letter with delivery confirmation)

000002 INV035 (S/00)

9.. As ofJuly 1, 2013, Mr .. Walters has failed to file the 2013 Termination report

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

INV035 (5/00)

4 .. ,:Am."' Sworn to (or affirmed) and subscribed before of Jul , 13.

Print, Type, or Stam/Co i.ssione Public

Personally Known __

Name of Notary

(J00003

,~ JOELMYNARO tJ :~ MY COMMISSION i DD 962588 ' '., i.J EXPIRES: May 16, 2014 ~Ii, ~ Bonded Thru Notary Pubrtc Underariters ''11,nr. ••

~cbruary 5 .. 2013

Mr. AJ,jandro Walters

Ken Dctzner· Secretary of State

DIVISION or ELECTIONS

Candidate for State Representative. District 102 I 0500 SW I 7th Coun Miramar, ~L 33025·3025

Re: C/\N 58568

Dear Mr Walters:

Your campaign treasurer's report, which was due February 4, 2013, has not been received ..

Section 106.07(8)(b), Florida Statutes, requires that the filing officer immediately notify you of the failure to ti le said report The fine for termination reports for candidates, shall be $50 per day for each lat(( day, not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report.

Once you1 report is tiled, this office will notif) you of the specific amount of your fine. Fines must be paid to the filing officer within 20 days of receipt of the payment due notice

Please be advised .. howcve1, that failure to file a campaign treasurer"s report may constitute a violation of Chapter I 06, Florida Statutes, independent of the auwmatic fine violation referenced above Therefore, ii you fail to tile a report, the division will tum the matter over to the Florida Election> Commission

If) ou have any questions, please contact the help desk at (850) 245 ·6280

Sincerely.

c:Z) /l--~·~-"f ~n\_,lAc{r-~ Kristi Reid Bronson .. Chief Bureau of Election Records

000004

Ihel{A (}ray Buildi11g·;J{pcnn} 1 .. 6. • 50.0 South Bronough Street • Tallahassee FL '32399-0250 • (850) 245-6240

Second Notice

April 17, 2013

Mr Alejandro Walters

,. I

FLORIDA DEPARTMENT OF STATE Ken Detzner

Secretary of State


Candidate for State Representative, District 102 10500 SW 17th Court Miramar, FL 33025--3025

Re: CAN 58568

Dear Mr Walters:

Your campaign treasurer's report, due February 4, 2013, has not been received

Section 106. 07(8)(b), Florida Statutes, requires that the filing officer immediately notify you of the failure to file said report. The fine for termination reports for candidates, shall be $50 per day foe each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report

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 February 5, 2013. As of this date, we do not show a record of receiving this report

If the report is not received in our office within 14 days of the date this notice is received, our office will 1efer this matterto the Florida Elections Commission for further action Section 106.265( l ), Florida Statutes, authorizes the Florida Elections Commission, upon finding a willfol violation of Chapter 106, Florida Statutes, to impose a civil penalty of up to $1,000 per count

If you have any questions, please contact the help desk at ( 850) 245-6280

Sincerely,

dj /L~-JZ-~~ Kristi Reid Bronson, Chief Bureau of Election Records

uooocs

The. R . .A. Gray B.ujlding:Ro()m 3.16. •· SOOSouth B.rqnough Street. • Tallahassee FL ~2399:0250 •. (~50) 2~?:(\24.Q ..

' I ' I

ri:oRIDA DEPARTMENT Q[STm RICK SCOTT

Governor

FINAL NOTICE Delivery Confirmation: 7013 1090 0002 4070 6031

June 14,2013

Mr. Alejandro Manuel Walters Candidate for State Representative, District I 02 (58568) 10500 SW 17•h Court Miramar, Florida 33025

Dear Mr. Walters:


According to a review of the Division's records the following report has not been filed:

.Year

2013

Repor·t

TR

Covei: Period

11/02/2012. 02/04/2013

The candidate has previously been notified of the report that is outstanding Enclosed are copies of letters sent by the Division If the report is not filed within 7 days of receipt of this letter, the Division will forward this matter to the Florida Elections Commission for further action Section I 06.265(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 the Help Line at (850) 245-6280.

Sincerely,

~M-h~~~:~~i3-Kristi Reid Bronson, Chief Bureau of Election Records

KRB/blm

Enclosures

000006

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In Re: Alejandro Manuel Walters Case No.: FEC 13-215€¦ · In Re: Alejandro Manuel Walters...

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