Save Miami Beach Notice of Hearing (Probable Cause Determination) STATE OF FLORIDA
FLORIDA ELECTIONS COMMISSION
In Re: Stephen Cody Case No.: FEC 16-113
TO: Stephen Cody Rafael E. Granado
16610 SW 82nd Court City Clerk of Miami Beach
Miami, FL 33157 1700 Convention Center Drive
Miami Beach, FL 33139
NOTICE OF HEARING (PROBABLE CAUSE DETERMINATION)
A hearing will be held in this case before the Florida Elections Commission on, February 28, 2017 at 8:30 am, or as
soon thereafter as the parties can be heard, at the following location: Senate Office Building, 404 South Monroe Street,
Room 110-S,Tallahassee,Florida 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.
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 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.
• Amy fMCKeeverToman
Executive Director
Florida Elections Commission
February 13, 2017
NOH
FEC# 16-113
Please refer to the information below for further 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 report was filed timely or that there were unusual circumstances 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 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 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 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 prepared 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, 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-1.004, Florida 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 support 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 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 form is available from the Commission Clerk.
NOH
FEC#16-113