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Letter to Fla Elections Commission January 25, 2013 MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov CITY CLERK'S OFFICE Tel: 305-673-7411 ,Fax: 305-673-7254 CERTIFIED MAIL 7005 1820 0000 1186 1321 January 25, 2013 Florida Elections Commission Attention: Eric Lipman, General Counsel 107 West Gaines Street The Collins Building, Suite 224 Tallahassee, Florida 32399-1050 fec _myfloridalegal.com, RE: Notice of Non-Payment of Fines Due - Re: EOC Preserve Miami Beach Dear Mr. Lipman: Pursuant to Florida Statutes§106.0703(2)(b)1, on December 17, 2012, a certified letter was sent to Jeffrey Garcia, Chair of the Electioneering Communications Organization "Preserve Miami Beach," notifying him of the need to file an addendum to his incomplete Treasurer's Report covering the reporting period from April 1, 2012 through June 30, 2012. The certified mail receipt was returned to the Office of the City Clerk on December 21, 2012. (See Exhibit A). In said letter, Mr. Garcia was informed that he had 7 days after receipt of the notice (until December 28, 2012), to file the addendum in order to complete the Treasurer's Report. The addendum was not filed until January 2, 2013. (See Exhibit B.) Pursuant to Florida Statutes §106.0703(7)(b), Mr. Garcia was notified on January 3, 2013, of the fines assessed for each late day. The subject penal is$150, representing $50 per day for the first 3 days late (i.e., December 29, 2012, December 30, 2012 and December 31, 2012.) Note January 1, 2013 was not included when calculating the fine, as this was a City holiday. Mr. Garcia was notified that payment of this fine was to be paid to the Office of the City Clerk and made payable to the City of Miami Beach within 20 days after receipt of this notice of payment due, unless appeal was made to the Florida Elections Commission. (See Exhibit C). As of today, we have neither received payment of the fine, nor have we been notified that an appeal has been made. In order to assist in your review of this matter, we have included herein copies of the originally filled incomplete Treasurer's Report (Exhibit D); as well as forms DS-DE 41 and DS-DE 103 (Exhibit E). We are committed to providing excellent public service and safety to all who live, work,and play in our vibrant, tropical, historic community. If you have any questions, or require additional information, please do not hesitate to call me at (305) 673-7411. Respectfully, Rafael E. Granado City Clerk Enclosures c Jeffrey Garcia, Preserve Miami Beach Email: jeffreygarcia(&-yahoo.com 1924 Ferdinand Street Coral Gables, Florida, 33134 Certified Mail No.7010 1820 0000 1186 1314 F:\CLER\CLER\000_ELECTION\01 CANDIDATES PACS ECOS TRACKING\ECOS\JEFF GARCIA PRESERVE MB LETTER TO FLA COMMISSION ON ETHICS.DOC We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical,historic community. EXHIBIT A MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachR.gov Office of the City Clerk Rafael E. Granado Tel: 305-673-7411 Fax: 786-394-4127 Email: CityClerk @miamibeachH.gov December 17, 2012 CERTIFIED MAIL No. 7005 1620 0000 1186 0997 Preserve Miami Beach c/o Jeffrey Garcia 1521 Alton Road, #61 Miami Beach, Florida 33139 Dear Mr. Garcia: We have tried to reach you by telephone and by electronic correspondence requesting completion of your Campaign Report Q2-12, received by mail postmarked July 10, 2012. Page two (2) of the Campaign Treasurer's Report — Itemized Contributions is missing Item 7 (Street Address & City, State, Zip Code). Therefore, the report is deemed incomplete. Enclosed for your convenience is a copy of said report. Pursuant to Florida Statute §106.07 (b)(1) you have seven (7) days from receipt of this notice to file an addendum to the report providing all information necessary to complete the report in compliance with this section. Failure to file a complete report after such notice constitutes a violation of this chapter. Provided for your convenience is a list of Important Dates and Deadlines for future campaign reporting. If you have any questions, do not hesitate to call. RespecVGo Rafa City Clerk REG/lh Enclosures: 1 . Copy of Campaign Treasurer's Report Q2-12 2. Important Dates and Deadlines F:\CLER\CLER\000_ELECTI0N\201 1 General Election\Correspondence\Letter to Preserve Miami Beach.cloc 1 EXHIBITA ir SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. item 4 If Restricted Delivery Is desired. 13 Agent • Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. R b Prl ) C. Date of Delivery • Attach this card to the back of the malipiece, or on the front if space permits. D. Is delivery address different from i 1. Article Addressed to: If YES,enter delivery address w: ❑No Pre serve Miami Beach c/o .=ffre Garcia y DEC'r �11� 1521 Alton Road, #61 s. Service Type Miami-Beach, lorida 33139 � C(Certlfled Mall ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail. ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2 Article mnsltrummr 7005 1820 0000 1186 0997 , (fiar►sfier from service labeq PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-IW' We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. Hatfield, Liliam EXHIBIT B From: Jeff<jeffreygarcia @yahoo.com> Sent: Wednesday, January 02, 2013 4:38 PM To: Hatfield, Liliam; Granado, Rafael Subject: Amended Document Oq a 0 © A 0 o r. o $ _ t Z G i 9 s a d �r Z' O t R ' o Q 44 4 r O Sent from my iPad 1 4 EXHIBIT C MIAMI BEACH T City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miomibeachA.gov CITY CLERK'S OFFICE Tel:305-673-7411 ,Fax:305-673-7254 I _ CERTIFIED MAIL 7005 1820 0000 1186 0980 January 3, 2013 Preserve Miami Beach ECO Jeffrey Garcia 1521 Alton Road,#61 Miami Beach, Florida 33139 RE: Late Fine—Notice of Payment Due Dear Mr. Garcia: Pursuant to §106.0703(2)(b)1, on December 17, 2012,a certified letter was sent notifying you to file an addendum to the incomplete report received in the City Clerk's Office, covering the reporting-period of 04/01/12 through 06/30/2012. The certified mail receipt was returned to the Office of the City Clerk on December 21,2012(see Exhibit A).You had until December 28,2012,7 days after receipt of the notice, to file the addendum to the report providing the information necessary.The addendum to the report was received on January 2, 2013. Pursuant to Florida Statutes§106.0703(7)(b):"Upon determining that a report is late,the filing officer shall immediately notify the electioneering communications organization as to the failure to file a report by the designated due date and that a fine is being assessed for each late day.The fine shall be$50 per day for the first 3 days late and,thereafter, $500 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." According to this formula, the subject penalty is$150, representing$50 per day for the first 3 days late (i.e., December 29, 2012, December 30, 2012 and December 31, 2012.) Note that we did not include January 1,2013 when calculating the fine,as this was a City holiday.Payment of this fine shall be paid to the Office of the City Clerk and made payable to the City of Miami Beach within 20 days after receipt of this notice of payment due, unless appeal is made to the Florida Elections Commission pursuant to Florida Statutes§106.0703(7)(c). If you decide to appeal, you are required to notify the Office of the City Clerk in writing of your intent to bring the matter before the Florida Elections Commission. If you have any questions,or require additional information,please do not hesitate to call me at(305)673- 7411. Respectfully, afa4E. ahado City Clerk Enclosure: Exhibit A c 1924 Ferdinand Street Coral Gables, Florida, 33134 Certified Mail No. 7010 0290 0002 4524 7786 F:ICLERICLER1000_ELECTIOM01 CANDIDATES PACS ECOS TRACKINGWINES 150 LETTER JEFF GARCIA PRESERVE MB CORRECTED LETTER.DOC We ore committed to providing excellent public service and solely to all who live,work,and ploy in our vibrant,tropical,historic community. COMPLETE • • DELIVERY � A. a r Cf3 Agent e Complete items 1,2,and 3.Also complete X ❑Addressee item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse C.qa j�f j so that we can return the card to you. B. (Prin )■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑No 1. Article Addressed to: if YES,enter delivery address below: 3. Service Type PRESERVE MIAMI BEACH Certified Mail 1:3 Express Mail clo Jeffrey Garcia- Registered ❑Return Receipt for Merchandise 1521 Alton Road, 061 [3 4. Mail o C.O.D. Miami Beach, Florida 33139 _ 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number er from service labef7 7005 ],8 2 0 0000 ],],8 6 0980 ss5-o2-M-1540 (Transfer 102 PS Form 3811,February 2004 Domestic Return Receipt - t COMPLETE •N COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and .Also complete' 'A. Sig re/ item 4 if Restricted Delivery is desired. �Cgent • Print your.narieaaddress on the reverse 1' Addressee so that we Can return the card to you. g iv b (Printe N��me)�� of Delivery. . • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery add different from ite ? 11 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No PRESERVE MIAMI BEACH c/o Jeffrey Garcia 3. Service Type 1924 Ferdinand Street 15Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise Coral Gables, Florida, 33134 ❑Insured Mail ❑C.O.D. -- - 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ; (rransfer from service iabeo 7010 0290 0002 4524 7786 PS Form 3811,February 2004 Domestic Return Receipt, 102595-02 M-1540 M EXHIBIT en Ln�OJM�~ CM O yQCDM_ C CD c 1 O-- N M U N 1 M t!? to +1 1 P t! !i 4 G i l i awe ale 71 dim ... PM q-10 FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS CAMPAIGN TREASURER®S REPORT SUMMARY (1) Preserve Miami Beach OFFIOE'USE ONLY Name (2) 1521 Alton Road #61 EXHIBIT A Address (number and street) Miami Beach, FL 33139 City,State,Zip Code ❑CHECK IF ADDRESS HAS CHANGED (3) ID Number: E IN## 80-08126.58 (4) Check appropriate box(es). ❑Candidate(office sought): ❑ Political Committee ❑CHECK IF PC HAS DISBANDED ❑Committee of Continuous Existence ❑CHECK IF CCE HAS DISBANDED ❑ Party Executive Committee ® Electioneering Communication ❑CHECK IF NO OTHER ELECTIONEERING COMMUNICATION REPORTS WILL BE FILED (6)REPORT IDENTIFIERS Cover Period: From 04 I 01 / 12 To 06 / 30 / 12 Report Type Q2 - 12 ®Original ❑Amendment ❑Special Election Report ❑ Independent Expenditure Report (6) CONTRIBUTIONS THIS REPORT (7) EXPENDITURES THIS REPORT Monetary Cash &Checks $ 100,000.00 Expenditures $ 46.00 Loans $ 0.00 Transfers to Office Account $ 0.00 Total Monetary - $ 0.00 Total Monetary $ 0.00 In-Kind $ 0.00 (8) Other Distributions $ - 0.00 (9) TOTAL Monetary Contributions To Date (10) TOTAL Monetary Expenditures To Date $ 100, 000.00 $ 46.00 (11)CERTIFICATION It is a first degree misdemeanor for any person to falsify a public record(ss.839.13,F.S.) I certify that I have examined this report and it is true, I certify that I have examined this report and it is true, correct, and complete. correct, and complete. (Type name) Jeffrey Garcia (Type name) Jeffrey Garcia ❑✓ Individual(only for ❑Treasurer E3 Deputy Treasurer candidate J Chairperson(only for PC,PTY 8 eledione g m .) electioneering commun.organization) X X �s Signs r Signatur DS-DE 12(Rev.08/04) CAMPAIGN TREAS 'S REPORT—ITEMIZED CONTRIt3 IONS (1) Name Preserve Miami Beach (2) I.D. Number EIN# 80-0812 3 Cover Period 04 / 01 / 12 through 06 / 30 / 12 4 Page 1 of 1 (5) (7) (8) (9) (10) (11) (12) Date Full Name (6) (Last,Suffix,First,Middle) Sequenoe Street Address& Contributor Contribution In4dnd Number City,State Zip Code Type Occupation Type Description Amendment Amount AP City B CHE $100,000. OS / 1� /12 Construction 00 1 DS-DE 13(Rev.08/03) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES PA a CAMPAIGN TREASURER'S REPORT—ITEMIZED EXPENDITURES (1)Name Preserve Miami Beach (2)I.D.Number EIN# 80-081265h (3)Cover Period 04 / 01 / 12 through 06 / 30 / 12 (4)Page 1 of 1 (5) (7) (8) (e) (10) (11) Date Full Name Purpose (8) (Last,Suffix,First,Middle) (add office sought If Sequence Street Address& contribution to a Expenditure Number City,State,Zip Code candidate) Type Amendment Amount Sabadell Bank MON $46.00 5 25 2 3275 NW 87th Ave Miami, FL 33172 1 i DS-0E 14(Rev.08103) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES REGISTERED AGENT - OFFICE-USE ONLY-) ^, 4 STATEMENT OF APPOINTMENT (Section 106.022, F.S.) ' EXHIBIT E ' tr, < ® Original Appointment ❑ Change of Appointment o r; ❑ Change of Physical Address ---- - __ __ T C11 ❑ Change of Mailing Address g y ' -� � Registered Agent and Office Information Name Telephone Street Address City � b� State � Zip Code3 tr Mailing Address City State Zip Code I accept this appointment and confirm that I am familiar with and accept the obligations of the position as set forth in Section 106.022 F.S. I also understand that I may resign this appointment by executing a written statement of resign ti n iling it with the applicable filing officer. r `.� 1-a Signature of R ed A nt Date f=ormer Registered Agent and Office Information (for changes only) Name Telephone Street Address City State Zip Code Committee or Organization Information Name of Committee or Organization 64Z,0� Mlo ,� Street Address Telephone City State Zip Code 13 AM e Signature of Chairpe Printed Name of Chairpers® Date Form DS-DE 41 (revised 6/11) +w n 0 ELECTIONEERING COMMUNICATION STATEMENT OF ORGANIZATION =j X (PLEASE TYPE) ° `D r-, cn T Ln OFFICE USE ONLY 1.Full Name of Organization Telephone 1 1 Gt.VK l Mailing Address(include city, state and zip code) Street Address(include city,state and zip code) EL-- 33 "YA" 2.Affiliated or Connected Organizations Name of Affiliated or Mailing Address Relationship Connected Organization 3.Area, Scope and Jurisdiction of the Organization Nliawit c�ln 4. Identify by Name,Address&Position,the Custodian of Books&Accounts for the Organization Full Name Mailing Address Street Address Title or Position C.e�.l Caab�es��-!- ?313 5. This Organization was formed(check applicable box): (Calendar quarters end the last day of March,June, Se tember,and December.) ?As a newly created organization during the current calendar quarter. ❑ From an organization existing prior to the current calend er. Fonn DS-DE 103(Rev.08110) (continued on reverse) _C-) o ELECTIONEERING COMMUNICATION STATEMENT OF ORGANIZATION cn a (PLEASE TYPE) ° o `n CA OFFICE USE ONLY 1. Full Name of Organization Telephone Mailing Address(include city, state and zip code) 15 cai R 14-o e\ 1--l-,on d Street Address(include city,state and zip code) 2.Affiliated or Connected Organizations Name of Affiliated or Connected Organization Mailing Address Relationship 3.Area, Scope and Jurisdiction of the Organization l"1 iam'l 2>4&C'k 4. Identify by Name,Address& Position,the Custodian of Books&Accounts for the Organization Full Name Mailing Address Street Address Title or Position 3e (aa.Zto� �°1�i cueV � C O�i &Ab(es IF-L- 5. This Organization was formed(check applicable box): (Calendar quarters end the last day of March,June, js tember,and December.) a newly created organization during the current calendar quarter. ❑ From an organization existing prior to the current calend er. Form DS-DE 103(Rev.08110) (continued on reverse)