Save Miami Beach Case No.: FEC 16-113; Respondent: Stephen Cody ort .
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FLORIDA ELECTIONS COMMISSION
107 W. Gaines Street,
Suite 224 Collins Building
Tallahassee,Florida 32399-1050
Telephone: (850) 922-4539
Fax: (850)921-0783
March 13, 2017
Stephen Cody
16610 SW 82nd Court
Miami, FL 33157
RE: Case No.: FEC 16-113; Respondent: Stephen Cody
Dear Mr. Cody:
The Florida Elections Commission at its last regularly scheduled meeting considered the above
referenced case and issued the order that is enclosed. Please read the order carefully.
Please let me know if you have any questions.
Sincerely,
lr
ox
Agency Clerk
/enr
Enclosure: Order
cc: Rafael E. Granado, Complainant w enclosures
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STATE OF FLORIDA
FLORIDA ELECTIONS COMMISSION
Florida Elections Commission,
Petitioner,
Case No.: FEC 16-113
v.
Stephen Cody,
Respondent.
ORDER OF PROBABLE CAUSE
THIS MATTER was heard by the Florida Elections Commission (Commission) at its
regularly scheduled meeting on February 28,2017, in Tallahassee, Florida.
On December 16, 2016, Staff recommended to the Commission that there was probable
cause to believe that the Florida Election Code was violated. The facts articulated in Staff's
Recommendation are adopted by reference and incorporated herein. Based on the Complaint,
Report of Investigation,Staffs Recommendation,and oral statements(if any)made at the probable
cause hearing, the Commission finds that there is probable cause to charge Respondent with the
following violation(s):
Count 1:
On or about November 6, 2015, Respondent violated Section
106.07(1), Florida Statutes,when Respondent failed to file Save
Miami Beach's 2015 R1 Report.
Count 2:
On or about November 13, 2015, Respondent violated Section
106.07(1), Florida Statutes,when Respondent failed to file Save
Miami Beach's 2015 R2 Report.
Order of Probable Cause.docx(07/14)
FEC Case#16-113
Count 3:
On or about December 10, 2015, Respondent violated Section
106.07(1), Florida Statutes, when Respondent failed to file Save
Miami Beach's 2015 Ml 1 Report.
Count 4:
On or about January 11, 2016, Respondent violated Section
106.07(1),Florida Statutes, when Respondent failed to file Save
Miami Beach's 2015 M12 Report.
Count 5:
On or about February 10, 2016, Respondent violated Section
106.07(1), Florida Statutes, when Respondent failed to file Save
Miami Beach's 2016 M1 Report.
Count 6:
On or about February 19, 2016,Respondent violated Section
106.07(1), Florida Statutes, when Respondent failed to file Save
Miami Beach's 2016 G1 Report.
Count 7:
On or about March 4, 2016, Respondent violated Section
106.07(1), Florida Statutes, when Respondent failed to file Save
Miami Beach's 2016 G2 Report.
Count 8:
On or about March 11, 2016, Respondent violated Section
106.07(1), Florida Statutes,when Respondent failed to file Save
Miami Beach's 2016 G3 Report.
DONE AND ORDERED by the Florida Elections Commission on February 28,2017.
• --3?„,,,c72-
M. Scott Thomas, Chairman
Florida Elections Commission
Order of Probable Cause.docx(07/14)
FEC Case#16-113
Copies furnished to:
Cole H. Kekelis,Assistant General Counsel
Stephen Cody,Respondent
Rafael E. Granado, Complainant
NOTICE OF RIGHT TO A HEARING
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(s)s and agree to the amount of the fine. The consent order is then presented to the
Commission for its approval. 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 corner of the first page of the order. At the hearing,you will
have the right 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 Probable Cause is filed with the
Commission to request such a hearing. The date this order was filed appears in the upper right-
hand 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 corner of the first page of the order.
To request a hearing,please send a written 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.
Order of Probable Cause.docx(07/14)
FEC Case#16-113