STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

In Re: Larry Aguilar

Case No.: FEC 14-05.3

TO: Lany Aguilar 816 McKinley Avenue Lehigh Acres, FL

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

NOTICE OF HEARING (AUTOMATIC FINE)

A hearing will be held in this case before the Florida Elections Commission on August 5, 2014, at 9:00 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 accordance with this notice will constitute a waiver of your tight 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 Respoudent, 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 masse 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 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 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 heating, 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 heatings 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 heating.

If you 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 heating.

See htrther instructions on the reverse side.

Jl"!Y :MCJ(eever%man

Executive Director Florida Elections Commission

July 16, 2014

Please refer to the information below for further instructions related to yow 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 yow 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 (I) 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 prnve yow case. If the Commission finds that the report was filed timely or that there were unusual citcumstances that excused the failure, it may waive the fine, in whole or in patt. The Commission may reduce a fine aftet considering the factors in Section 106265, Florida Statutes. If the Commission finds that the repo1t 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 1eject 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 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 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 01 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 probable cause hearing, the Commission will decide if there is prnbable cause to believe that

the Respondent committed a violation of Flmida's election laws. Respondent should be prepared to explain how the staff in its recommendation inco11ectly 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 occuned 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 pwsuant Sections 120 569 and 12057(2), Florida

Statutes; Chapte1 28 and Commission Rule 2B-l . 004, Florida Administrative Code. At the hearing, the Commission will decide whethet the Respondent committed the violation(s) charged in the Otder 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 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 we1e willfoL The Respondent may also address the apprnpiiateness 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

FLORIDA ELECTIONS COMMISSION CASE REPORT

Case Number: FEC-14-053

NAME: LARRY AGUILAR

DAIE APPEAL RECEIVED: 2/28/14 DAIEHEARINGREQUESI RECEIVED: N/A DAIEREPORI DUE: 2/10114 (2014 Ml) DA IE OF/ ELECIRONIC RECEIPI: 2112/14 DAIE FILING OFFICER RECEIVED REPORT: 2/12/14 NUMBER OF DAYS LAIE: 2

AMOUNI OF FINE: $100.00

FINE BASED ON: (X) NUMBER OF DAYS (..) 25% OF RECEIPTS TOI AL RECEIPTS FOR REPORIING PERIOD: $1,090 00 TOI AL EXPENDIIURES FOR REPORIING PERIOD: $3,030 19 DATE FIRST NOIIFICAIION WASSENI: 2/11114

?~kTE [X y ?

:QIS'tRICT [ j

< C()J:lNIY [ ~;

CIIY[ l Jk .

(....) 25% OF EXPENDIIURES

SUMMARY: Larry Aguilar is a candidate for State Representative, District 79, in the 2014 elections Mr Joseph Beausoleil is his treasurer

Larry Aguilar is appealing the fine claiming that his late filing was due to browser incompatibility and the abrupt change in the campaigns' treasurer According to Mr Aguilar, the new treasurer was appointed on February 7, 2014 and did not receive a pin number until February 10, 2014 Mr Aguilar states that his treasurer was unable to log into the EF S system until he was advised by the help desk to upload a new version of Windows.

? The 2014 Ml report covers the time period from 1/1/14-l/31/14; it was due on 2/10/14. ? The 2014 Ml Queued transaction report shows activity on 2/11/14 when the report was created

until the report was filed on 2/12/14 at 10:03am ? The history notes from the Division of Elections lists a phone call from Mr. Aguilar on 2/6/14

regarding the change of campaign treasurer. It also notes a phone call on 2/11/14 about browser compatibility issues and the campaign treasurer not being able to file the 2014 Ml report

PRIOR CASES: None

/Y-055

Kristi Reid Bronson,

This is my notice of appeal of the fine in the amount of$ I00 00 that was imposed upon me for the late submi.ssion of Feb IO, 2014 campaign treasure:'s report (See: enclosed copy of notice of imposition of fine )

The late report was due to the incompatibility of treasurer's browser, and that of the Division's own browser Due to unforeseen issues, the previous campaign treasurer advised that he did not want to continue in his position as treasurer The campaign treasure (Joseph W Beausoleil) was only appointed on Friday, Feb 7, 20I4 and did not receive his pin number until late Monday morning on Feb 10, 2014. Please know that prior to that date, we had been in contact with Mr David Beach and he may be able to corroborate our actions during the first week of February and leading to the deadline

When he (Joseph W Beausoleil) tried to enter the electronic filing systems using his personal computer, he was unsuccessful He did succeed to enter the system with his IPAD but was unable to load data Advice from the filing officer (Mr David Beach) did not resolve the problem and we were unable to file by the end of the day.

I brought this to thi attention of the filing officer the next day. The EFS help desk directed the campaign treasurer to the instructions on the website. Nothing worked until he uploaded Windows version 8 l This took almost three hours to load and by that time we had lost another day.

In summary, the abrupt loss of the previous campaign treasurer, and the unexpected browser incompatibility encountered by the new treasure are the circumstances that cause the late filing

Since failure to report on time was not due to negligence but to circumstances beyond my control, I we ask that penalty be waived As you know, filing a late report could have consequences beyond the penalty of $100 1 hope that after verifying the information provided herein, that you may find that we made a reasonable attempt to comply with the deadline set by the Division

??----.

Cc: Joseph -w? Beausoleil

26\4 FE8 28

"..

~.' I

\Q:

\ 2

FLORIDA DEPARTMENT OF STATE Ken Detzner

Secretary of State

DIVISION OF ELECTIONS

February 14, 2014

lany Aguilar Candidate for State Representative, District 79 816 McKinley Avenue Lehigh Acres, FL 3.3972-3972 Re: CAN 60818 Dear Mr Aguilar: The campaign treasurer's report that was due February J0, 2014, was not filed until February 12, 2014. Accordingly, you are fined in the amount of $100.00 The fine must be paid to the Division of Elections within 20 days ofreceipt of this notice unless appealed to the Florida Elections Commission Please note that as a candidate, the fine is not an allowable campaign expenditure and must be paid from personal funds lf you wish to appeal the fine, you must submit a notice of appeal to the Commission within 20 days of the date of the receipt of this notice (See Rules 28-1 . 005, 28-l. 0052 and 2B-J . 0055, Florida Administrative Code) The Florida Elections Commission's address is 107 West Gaines Street, Suite 224, Tallahassee, Florida 32399-0100 Please send a copy of your notice of appeal to the Bureau of Election Records at the address listed below If you have any questions, please contact us at (850) 245??6240 Sincerely,

~;LZ{;.~=i~

Kristi Reid Bronson, Chief Bureau of Election Records cc: Joseph W 8eausolei, 1 reasurer

The R A Gray Building-Room 316 ? 500 South Bronough Street ? Tallahassee FL 32399-0250 ? (850) 245-6240 FAX: (850)245-6260 ? WWW Address: ? E-Mail DivElectiom(iiJ,do.s statef/us

February 11, 2014

FLORIDA DEPARTMENT OF STATE Ken Detzner

Secretary of State

DIVISION OF ELECTIONS

Joseph W Beausolei, Treasurer Larry Aguilar 9007 Springview loop Estero, FL 33928-3928

Re: CAN 60818

Dear Mr. Beausolei:

Your campaign treasurer's report, which was due February 10, 2014, has not been received.

Section 106.07(8)(b), Florida Statutes, requires that the filing officer immediately notify you of the failure to file this report and that a fine will be assessed of $50 per day for the first 3 days late and, thereafter $500 per day, although a fine cannot 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 expenditures, whichever is greater, for the period covered by the late report.

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 receipt of the payment due notice

Please be advised, however, that failure to file a campaign treasurer's report may constitute a violation of Chapter 106, Florida Statutes, independent of the automatic fine violation reforenced above Therefore, if you fail to file a report, the division will turn the matter over to the Florida Elections Commission

Section I06.265( I), F!or ida Statutes, authorizes the F!or ida Elections Commission to impose a civil penalty up to $1,000 per count for each willfol violation of Chapter I06.

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

Sincerely,

~;LN? t~~.~~ ~/

Kristi Reid Bronson, Chief Bureau of Election Records

cc: Larry Aguilar Candidate for State Representative, District 79

The RA Gray Building-Room 316 ? 500 South Bronough Street ? Tallahassee FL 32399-0250 ? (850) 245-6240 FAX: (850) 245-6260 ? WWW Address: dos.state..11 us ? EcMail DivEiectioni(a)dos state fl us

41112014

Larry Aguilar 60818 - STR 079

CONTRIBUTIONS

Seq Dote 1Vame

HELMS

1/8/2014

JIM

2 HEATII. MD

1/10/2014 G.ADAIR

' KENNIX

1/15/2014 ROY

4 JENNINGS

1/15/2014 FRANKIE

5 BURKERT

1/17/2014 PETER

6 DUENAS

1/21/2014 ANITA

7 NEAL

1/24/2014 EUTIIERA

8 WILLIAMS

1/28/2014 CARINEC.

EXPENDITURES

Seq Date Na11ie

BANK OF AMERICA

1/2/2014

2 NPGVAN

1/3/2014

' US AIRWAYS

11212014

4 RACETRACK

1/2/2014

5 SCHAEFFER

1/6/2014

BOB

Filed Camaign Treasurer's Report

Page 1

Elect ID: 20141104-GEN Report: 2014 M1 (5)

From: 1/1/2014

Amd: N Wvr:N Filed: FIL 2/12/2014 10c03A9 A

To: 1/31/2014 Cmplt: COM

Reviewed: AUD 3/27/2014 10:50:1 l A

Original Report

Submitted: 2112/2014 !Oc03A9 A

Address 1387 LANDMARK COURT

FORT MYERS

FL 33918

9121 SOUTIIMOUNT COVE RD. #103

FORT MYERS

FL 33908

2885 PALM BEACH RD.

FORT MYERS

FL 33916

2885 PALM BEACH RD.

FORT MYERS

FL 33916

1111 SHADOW LANE

FORT MYERS

FL 33901

4694 Ml CASA CT

FORT MYERS

FL 33901

10268 BELCREST BLVD

FORT MYERS

FL 33913

7151 CHRYSTAL DR.

FORT MYERS

FL 33907

Contributor Occupat1on

Type

1nki11d Descnpt1on

CHE

CAS

CHE CHE CHE CHE CHE

EDUCATION RETIRED RETIRED RETIRED

CHE

Errors A111d

0 0 0 0 0 0 0 0

Amount $50.00 $25.00 $75.00 $125.00 $100.00 $200.00 $500.00 $15.00

Address PO BOX 15284

WILMINGTON DE

48GROVEST.

SOMMERVILLE MA

MAIN TERMINAL

LAS VEGAS

NV

5150DR.MKLBLVD.

FORT MYERS

FL

4136 DINGMAN DR

SANIBEL

FL

19850 02144

33957

Type MON MON MON MON MON

Office Purpose SERVICE FEE MERCHANT FEE TRAVEL, SPEAKER AT FUNDRAISER GASOLINE CONSULTANT FEE

Errors Amd

0

0

0

0

0

A11101111t

$29.95 $24.65 $416.50 $59.09 $2,500.00

4/1/2014

Larry Aguilar 60818 - STR 079

Filed Camaign Treasurer's Report

Page 2

Elect ID: 20141104-GEN Report: 2014 M1 (5)

From: 1/1/2014

Amd: N Wvr: N Filed: FIL 2/12/2014 10:03:49 A

To: 1/31/2014 Cmplt: COM

Reviewed: AUD 3/2712014 10:50:11 A

Original Report

Submitted: 2/12/2014 10:03:49 A

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