FEC 13-225 Fabiola Diaz - Florida Elections Commission

Transcripción

STATE OF FLORIDA
FLORIDA ELECTIONS COMMISSION
In Re: Fabiola Diaz
TO:
Case No.: FEC 13-225
Fabiola Diaz
1519 SW 19th Street
Miami, FL 33145
Division of Elections
500 S Bronough Street, Room 316
I allahassee, FL 323 99
NOTICE OF HEARING (INFORMAL HEARING)
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, 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.
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 ar·e 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 hearing.
See further instructions on the reverse side.
}!!!!JI :MCJ(eever 'Toman
Executive Director
Florida Elections Commission
October 13, 2014
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 01der 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 ifthere 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 testi.fY, 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 01 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, 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 iequest, 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
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107 W. Gaines Str·eet, Suite 224
Collins Building
Tallahassee, Florida 32399-1050
(850) 922-4539
August 15, 2014
Fabiola Diaz
1519 SW 19"' Street
Miami, FL 33145
RE: Case No.: FEC 13-225; Respondent: Fabiola Diaz
Dear Ms Diaz:
The Florida 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
October 28-29, 2014 in Tallahassee. A notice of hearing will be mailed approximately 14 days
before the hearing
If you have any questions, please contact us at the number
[email protected]
Sincerely,
/s/Jlmy 94.c'}(,flever<Toman
Executive Director
AMT/em
cc: Division of Elections, Complainant
Aut029(12/08)
listed above or at
STATE OF FLORIDA
In Re: Fabiola Diaz
TO:
Fabiola Diaz
1519 SW 19th Stteet
Miami, FL 33145
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 August 6, 2014, at 8:30 am, or as soon
thereafter as the parties can be heard, at the following location: Senate Oflice Building, Room S-110, 404 South Monroe
Street, 'Iallahassee, FL 32399.
Failure to appear in accordance with this notice will constitute a waiver of yom 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,.Floiida Statutes, which governs yom participation as
follows:
case to the Commission. However, some cases (including those in which consent orders or recommendations for no probable
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 beiug considered)
may be decided by an en rnasse vote and, unless the Respondent requests to be heard or the Commission requests that the case
If you are au 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
The Commission will electronically record the meeting Although the Commission's recording is considered the
hearing
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 hearing
JI.my 9dd(eever'I'oman
Executive Director
July 16, 2014
Please refo1 to the information below for fmther instmctions related to your pa1ticular healing:
If this is a hearing to consider an appeal from an automatic fine, the Filing Officer has imposed a fine
on you for yom failme 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 failme to file the report timely. You are required to prove your
case If the Commission finds that the repo1t was filed timely or that there were unusual circumstances that
excused the failure, it may waive the fine, in whole or in pa1t. The Commission may reduce a fine after
conside1ing the factors in Section 106.265, Florida Statutes If the Commission finds that the report was not
If this is a hearing to consider a consent order before a determination of probable cause has
accepts the consent order, the case will be closed and become public. If the Commission iejects the consent
order 01 does not make a decision to accept or deny the consent 01der, the case will remain confidential, unless
made, the Commission will decide whether to accept or ieject 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.
the Respondent committed a violation of Florida's election laws Respondent should be prepmed 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
Commission dete1mines 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, Florida Administrative Code. At the hearing, the
Commission will decide whether the Respondent committed the violation(s) charged in the 01der of Probable
Cause . The Respondent will be pe1mitted to testify. However the Respondent may not call witnesses to testify
chmged in the Orde1 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 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 fo1m is available from the Commission Clerk
(
STATE OF FLORIDA
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Florida Elections Commission,
Petitioner,
Case No.: FEC 1.3-225
v.
Fabiola Diaz,
Respondent.
ORDER OF PROBABLE CAUSE
THIS MATTER was heaid by the Florida Elections Commission ("Commission") at its
regulaily scheduled meeting on May 7, 2014, in Tallahassee, Florida
Based on the Complaint, Report of Investigation, Staff's Recommendation, and 01al
statements (if any) made at the probable cause hearing, the Commission finds that there is
pr·obable cause to charge Respondent with the following violations:
Count 1:
Respondent violated Section I 06 07(2)(b) I , Florida Statutes, when
she failed to file timely an addendum to Alex Diaz de la Portilla's
I ermination Report after receiving notification from the filing
officer that the Termination Report was incomplete
DONE AND ORDERED by the Florida Elections Commission on May 7, 2014
Copies famished to:
Eric Lipman, General Counsel
Fabiola Diaz, Respondent
Division of Elections, Complainant
OPC
.
NOTICE OF IUGHT TO A HEAIUNG
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
violations and agree to the amount of the fine.. The agreed to consent order is then presented to
the Commission for its approval To discuss a consent order, contact the attorney who signed the
Staff Recommendation attached to the Order of Probable Cause.
Second, you may request an infotmal hearing held before the Commission, if you do not dispute
any material fact in the Staff Recommendation You have 30 days from the date of the Order of
Prnbable Cause to request such a hearing. At the hearing, you will have the right to make written
or oral atguments to the Commission concerning the legal issues related to the violations and the
potential fine At the 1equest of Respondent, the Commission will consider and dete1mine
willfolness at an info1mal heating Othe1wise, live witness testimony is unnecessary
Thi1d, you may request a formal heating held before an administrative law judge in the Division
of Administrative Hearings (DOAH), if you dispute any mate1ial fact in the Staff
Recommendation You have 30 days fiom the date of the 01der of Probable Cause to request
such a hearing At the heating, you will have the right to p1esent evidence relevant to the
violation( s) listed in this order, to c1 oss-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 01de1 or request a formal heating at the DOAH
or an info1mal hearing befo1e the Commission within 30 days of the date of this 01de1 of
Probable Cause, the case will be sent to the Commission and you will be entitled to a fo1mal or
infi:nmal heating
To request a heating, please send a w1itten 1equest 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
OPC
I
STATE OF FLORIDA
In Re: Fabiola Diaz
TO:
Fabiola Diaz
1519 SW 19th Stieet
Miami, Flo1ida 33145
500 S . Bronough Stieet, RM 316
I allahassee, Flo1ida 32399
NOTICE OF HEARING !PROBABLE CAUSE DETERMINATION)
A hearing will be held in this case before the Florida Elections Commission on May 7, 2014, at 8:30 am, or as soon
thereafter as the parties can be heard, at the following location: Senate Office 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:
case to the Commission However, some cases (including those in which consent orders or recommendations for no probable
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
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
The Commission will electronically record the meeting Although the Commission's recording is considered 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
;I.my 9dc1(ewer'l'oman
Executive Director
April 16, 2014
Please tefor 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 Office1 has imposed a fine
on you for yow failure to file a campaign t1easure1 's teport on the designated due date and, by filing an appeal,
you have asked the Commission to consider eithet (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 1equi1ed 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
If this is a hearing to conside1 a consent order before a determination of probable cause has
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
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 orde1, the Respondent will be entitled to another hearing to determine if
the Respondent committed the violation( s) alleged
the Respondent committed a violation ofF101ida'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
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 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 whethe1 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
charged in the Order of P1obable Cause At Respondent's request, the Commission may determine whethe1
Respondent's actions in the case were willfol. The Respondent may also address the app1opriateness of the
recommended fine If Respondent claims that his limited resomces make him unable to pay the statutory fine,
he must provide the Commission with written proofoj his financial resources at the hearing A financial
affidavit form is available from the Commission Clerk
(
STATE OF FLORIDA
In Re: Fabiola Diaz
STAFF RECOMMENDATION FOLLOWING INVESTIGATION
Pursuant to section 106.25(4)(c), Florida Statutes, undersigned staff counsel files this
written recommendation for disposition of the referral in this case recommending that there is
probable cause to charge Respondent with violating Section 106.07(2)(b)1., Florida Statutes .
Based upon a thorough review of the Report of Investigation submitted on February 10, 2014,
the following facts and law support this staff recommendation:
On July 30, 2013, the Florida Elections Commission received a referral from the
Department of State, Division of Elections ("Division") alleging that Fabiola Diaz
("Respondent") violated Chapter 106, Florida Statutes
2
Respondent was the treasurer for Alex Diaz de la Portilla's 2012 campaign for
State Representative, District 112 On September 13, 2012, Mr Diaz de la Portilla filed a DSDE 9 appointing Respondent as his campaign treasurer (ROI Exhibit 1) 1
3.
By letter dated September 14, 2012, Kristi Reid Brnnson, Division of Elections,
Chief, Bureau of Election Records, send Respondent a letter acknowledging her appointment as
treasurer for Mr.. Diaz de la Portilla effective September 13, 2012 A security envelope
containing his confidential PIN number to access the Division's electronic filing system ("EFS")
was enclosed in the letter.. (ROI Exhibit 7)
The September 14, 2012 acknowledgment letter also informed Respondent that all
of the Division's publications and reporting forms are available on the Division website,
including Chapter 106, Florida Statutes, the Candidate and Campaign Treasurer Handbook, and
the Division's Calendar of Reporting Dates. Id
4
5.
Mr.. Diaz de la Portilla's Termination Report ("TR") was filed on February 4,
2013 (ROI Exhibit 6) However the report was incomplete (ROI Exhibit 3, page 1)
6
By letters dated February 21, 2013, March 28, 2013, and July 12, 2013, the
Division sent Respondent notification to the address listed on the September 13, 2012 DS-DE 9
The notification advised Respondent that Mr.. Diaz de la Portilla' s TR was incomplete and
Respondent needed to file an amended TR A Compliance Report specifically listing the enors
1
The Report oflnvestigation is refoned to herein as "ROI."
Staff Recommendation FEC
13~225
1
f
I
was attached to each letter.. (ROI Exhibit 3, 4, and 5) The July 12, 2013 notification letter was
confirmed delivered on July 15, 2013.. (ROI Exhibit 5, page 4)2
7
As of March 10, 2014, Respondent had not filed an amended 2013 IR correcting
all the identified errors (Attachment A)
8..
"Probable Cause" is defined as reasonable ground of susp1c10n supported by
circumstances sufficiently strong to wanant a cautious person in the belief that the person has
committed the offense charged Schmitt v State, 590 So 2d 404, 409 (Fla . 1991 ).. Probable
cause exists where the facts and circumstances, of which an [investigator] has reasonably
trustworthy information, are sufficient in themselves for a reasonable man to reach the
conclusion that an offense has been committed Department of Highway Safety and Motor
Vehicles v Favino, 667 So 2d 305, 309 (Fla. 1st DCA 1995)
The facts set forth above show that Respondent was the treasurer for Alex Diaz de
9
la Portilla's campaign for State Representative in the 2012 election Mr Diaz de la Portilla's
I ermination Report contained en ors
Despite receiving three letters fiom the Division
identifying the items that needed conecting, Respondent has failed to file the required amended
IR
Based upon these facts and circumstances, I recommend that the Commission find
probable cause to charge Respondent with violating the following:
Count 1:
Respondent violated Section 106.07(2)(b)l , Florida Statutes, when
she failed to file timely an addendum to Alex Diaz de la Portilla's
I ermination Report after receiving notification from the filing
officer that the Termination Report was incomplete.
Respectfully submitted on March~, 2014,
Eric M. Lipman
General Counsel
2
It appears Respondent filed an amended TR on May 15, 2013, however the report still contained errors or missing
information. Additionally, it appears that the campaign made more expenditures that it received contributions which
could be a separate election law violation
Staff Recommendation FEC 13-225
2
(
I 1eviewed this Staff Recommendation this
Staff Recommendation FEC
13~225
3
(L~y of Maich 2014
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Alex Diaz de la Portilla
Lawson, I eni S
to:
Cedric Oliver
03/10/2014 04:09 PM
Show Details
Secwity:
To ensure privacy, images from remote sites were prevented from downloading Show
Images
Cedric,
Re: 55755 Alex Diaz de la Portilla
The contributions versus expenditures is still not balanced. A deficit still exists
Also, I don't see where the petty cash issue has been resolved
Report still incomplete
Terri Sue
Terri Sue Aldridge Lawson
Senior Management Analyst
Bureau of Election Records
Florida Department of State
RA Gray Building
500 S. Bronaugh Street
Tallahassee, FL 32399
(850) 245-6243 (direct line)
Note: This response is provided for reference only and does not constitute a formal legal opinion or
representation from the Department of State or the Division of Elections As applied to a particular set of facts
circumstances, interested parties should refor to the Florida Statutes and applicable case law, and/or consult an
attorney to represent their interests before drawing any legal conclusions or relying upon the information
provided
@ltsWorkingF~L~--
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Wha:~W~rking Today:_1
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ATTACHMENT
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REPORT OF INVESTIGATION
Respondent: Fabiola Diaz
Counsel for Respondent: n/a
Complainant: Division of Elections
Counsel for Complainant: n/a
Pursuant to Section 106.25, Florida Statutes, on July 30, 2013, the Florida Elections
Commission received information from the Division of Elections that Respondent violated
Chapter 106, Florida Statutes. The Division's refenal was mandated pursuant to Section
106.07(8)(d), Florida Statutes Commission staff investigated whether Respondent violated the
following statute:
Section 106.07(2)(b)1, Florida Statutes, failure of the treasurer of a
candidate to file an addendum to an incomplete report after
receiving notice from the filing officer
I.
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Preliminary Information:
1.
Respondent served as the campaign treasurer for Alex Diaz de la Portilla's 2012
election campaign for State kepresentative, District 112
2
3
Records.
II.
Complainant is the Division of Elections
Respondent's filing officer is Kristi Reid-Bronson, Chief, Bureau of Election
Alleged Violation of Section 106.07(2)(b)l, Florida Statutes:
4
I investigated whether Respondent violated this section of the election laws by not
filing an addendum to the 2013 Termination Report (TR), after receiving notice that it was
incomplete
On September 13, 2012, the Appointment of Campaign Treasurer and
5
Designation of Campaign Depository form (DS-DE 9) was filed with the filing officer This form
appointed Respondent as the campaign treasurer for the Alex Diaz de la Portilla election
campaign 1 To review a copy of the filed DS-DE 9 forms, refer to exhibit 1
6
A DOE staff representative, Kristi Reid-Bronson, submitted a sworn affidavit
dated July 26, 2013 regarding Respondent's failure to file an addendum to the 2013 TR Report
or to provide a written explanation as to why no addendum had been filed To review the July
26, 2013 sworn affidavit, refer to exhibit 2
1
Prior to this appointment, Mr Alex Diaz de la Portilla served as his own campaign treasurer
lnv002 (7/08)
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7.
On Febmary 21, 2013, Complainant mailed Respondent an incomplete-audit letter
regarding the original 2013 TR Report This letter included an error report that detailed the
information that Respondent needed to amend This letter was mailed to the address that was
provided on the DS-DE 9 form (Exhibit !). Io review a copy of the Febmary 21, 2013
incomplete-audit letter with enor report, refer to exhibit 3
8..
On March 28, 2013, Complainant mailed Respondent another incomplete-audit
Jetter regarding the original 2013 TR Report. This letter also included an error report that
detailed the information that Respondent needed to amend. This letter was also mailed to the
address that was provided on the DS-DE 9 form (Exhibit I) Io review a copy of the March 28,
2013 incomplete-audit letter with error report, refer to exhibit 4
9
On July 12, 2013, Complainant mailed Respondent a certified mail final notice
regarding the 2013 TR Report This final notice included a copy of the error report detailing the
information that Respondent needed to amend This certified letter was sent to the address that
was provided on the DS-DE 9 form (Exhibit I) A delivery confirmation receipt verified that the
information was received at Respondent's address To review a copy of the July 12, 2013 final
notice with delivery confirmation receipt, refer to exhibit 5
IO
As of the day of this report, there is no record that Respondent has filed an
amended 2013 TR Report with no errors, or provided a written explanation regarding the same.
To review a copy of Respondent's 2013 TR Report filing history, refer to exhibit 6
11
There is no record that Respondent has previously violated this section of the
election laws .
Ill.
FEC History:
12
None.
Conclusion:
13
Respondent was offered opportunities to make comments regarding the findings
of this investigation Respondent did not respond to any of these attempts
14.
In a September 14, 2012 acknowledgement letter, Complainant informed
Respondent that all of the Division's publications and 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 1'easure1 Handbook, 2012 Calendar of Reporting
Dates, and Rule lS-2.017, Florida Administrative Code." To review a copy of the September
14, 2012 acknowledgement letter, refer to exhibit 7
lnv002 (7/08)
2
Respectfully submitted on February 10, 2014,
Investigation Specialist
Current address of Respondent
Current address of Complainant
Ms Fabiola Diaz
1519 SW !9'h Street
Miami, Fl 33145
500 South Bronough Street, Room 316
Tallahassee, Fl 32399
Nanie and Address of Filing Officer:
Ms . Kristi Reid-Bronson
Chief of Bureau of Election Records
500 South B10nough Street, Room 316
Tallahassee, Fl 32399
Copy furnished to: Mr David Flagg, Investigations Manager
lnv002 (7/08)
3
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REPORT OF INVESIIGAIION
Fabiola Diaz -- FEC 13-225
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•..
Exhibits #s
Description of Exhibits
Exhibit 1
DS-DE 9 form and related documents reflecting Respondent
being appointed as Campaign Treasurer
Exhibit 2
July 26, 2013 sworn affidavit from Complainant
Exhibit 3
February 21, 2013 incomplete-audit letter
Exhibit 4
March 28, 2013 incomplete-audit letter
Exhibit 5
July 12, 2013 final notice with delivery confirmation receipt
Exhibit 6
Respondent's 2013 TR Report filing history with amended
incomplete report
Exhibit 7
September 14, 2012 acknowledgement letter
lnv004 (5/08)
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APPOINTMENT OF CAMPAIGN TREASURER
AND DESIGNATION OF CAMPAIGN
DEPOSITORY FOR CANDIDATES
2012 SEP 13 AM '7: SO
(Section 106 021(1), F S.)
0/V/S/i)l.J
or:
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TM AHASC.SL.f.FcTJO//S
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(PLEASE PRINT OR TYPE)
NOTE: This form must be on file with the qualifying
officer before opening the campaign account.
[
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OFFICE USE ONLY
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1. CHECK APPROPRIATE BOX(ES):
Initial Filing of Form
Re-filing to Change: [p--'T'reasurerlDeputy
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2 Name of Candidate (in this order: First Middle, Last)
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My intent is to run as a Write-In candidate
\ l d-
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My intent is to run as a
OJ
No Party Affiliation
Party
9. I have appointed the following person to act as my
-1O Name of Treas!Jier or '?eputy Tre~~rer
______ 1-o, b, ol c:l 1\J\ 6- 2..
cg--caiiipaign Treasurer
---··--·
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candidate
Deputy Treasurer
------------~-----------!
12 Telephone
11 Mailing Address
\:)IC\
>--------·-·----····
13 City
0
1:: (_ -~')I (j· s-·
8 If a candidate for a partisan office, check block and fill in name of party as applicable:
Write-In
Office
7 If a candidate for a nonpartlsalJ. office, check if
6 Office sought (include district, circuit, group number)
[ 0
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.
l
1
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3 Address (include post office box or street, city state, zip
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17 E-mail address
15. State
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~rimary Depository
18. I have designated the following bank as my
)
--·---
Cjlf econdary Depository
·-·----·--------------------l-;:.L----------L.l----------1
19 Name of sank
1
\J).e_ \ t ~
21 City
20 Address
f ~-'.'..~.s~--o~______,___1_,,0_q~q-'--_C'..-'-o_v-__£_;,1_w_~_'-_..-i-,----·----1
24. Zip Code ••
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23 State
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UNDER PENALTIES OF PERJURY, <DECLARE l'HAT I HAVE READ l'HE FOREGOl_NCj ~ORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND
25 Dateq....
I-;-- ~E:ATION ~F
27
1.
CAMPA<GN DEPOSITORY
~o:;rc ~ifii-Fi_~-
Treasurer's Acceptance of Appointment (fill in the blanks and check the appropriate block)
____
fG\b,olc,.<_ D;et L
(Please Print
designated above as:
Campaign Treasurer
_0-'-t-{_,__,roll-'-'1r-=-·-,----o_____ _
~
·--------·-.Type Name)
x
Date
DS-DE 9 (Rev .. 10/10)
EXHIBIT \ (
do hereby accept the appointment
g~~-
Signature of Campaign Treasurer or D#uty Treasurer
\1* &J
Rule 15·20001, F.AC.
,----
.
n··p·· P''C"'I\'~
·r- .,1:. c.D
.t'<;R;,;rur CF STATE
ALEX DIAZ DE LA PORTILLA
1519SW19 Street
Miami, FL 33145
2012 SEP 13 AH 7: SO
0/ViSlflN Of' ELEO IONS
TAI AflASSfE. Fl
To: Florida Division of Elections
From: Alex Diaz de la Portilla
Re: Resignation as treasurer
Date: September 12, 2012
To whom it may concern,
I herby resign as treasurer of my committee for State Representative. Enclosed is
the form to appoint Fabiola Diaz to serve as my new campaign treasurer
AFFIDAVIT
STATE OF FLORIDA
County of Leon
Kristi Reid Bronson, being duly sworn, says:
L
I am the Chief of the Bureau of Election Recmds of the Division of Election In that
capacity, I ovetsee the Division's duties related to the filing of campaign finance repmts
2.
I his affidavit is made upon my petsonal knowledge, including info1mation obtained from
review of the attached 1eco1ds, of which I am the custodian
3..
I am of legal age and competent to testify to the matters stated hetein.
4..
Alex Diaz de la Portilla (55755) was a candidate fot the office of State Representative,
duiing the 2012 election cycle
5..
On Febrnaty 9, 2012, a filed the Appointment of Campaign Tteasuret and Designation of
Campaign Deposito1y with the Division of Elections (Division) On Septembe1 13, 2012,
Mt Diaz de la Po1tilla appointed Fabiola Diaz as treasure1
6
On Febrnaty 21, 2013, the Division mailed Ms Diaz notification that the 2013 tetmination
report was incomplete (See attached letter)
7..
On Mmch 28, 2013, the Division mailed Ms Diaz notification that the 2013 te1mination
repott was incomplete (See attached letter)
8
On July 12, 2013, the Division mailed Ms . Diaz notification with delivety confitmation
that the 2013 termination 1epo1t was incomplete . (See attached letter with delive1y
confitmation).
····000·002
INV035 (5/00)
9..
As of July 26, 2013, Ms. Diaz has failed to make the necessa1y amendments to the 2013
termination report or provide a written explanation regarding the same.
I hereby swear or affirm that the foregoing information is true and correct to the best of
my knowledge .
SJgature of Afnant
;
Sworn to (or affirmed) and subscribed before me this 26th day
of July 013
----~---
Signature of Notary Public - State of Florida
Print, Type, or Stamp Commissioned Name of Notary
Public
Personally Known~
J ())
EXHIBIT & ( Q
0000:':;3
INV035 (5/00)
----------------------------
(
'
FLORIDA DEPARTMENT OF STATE
Ken Detzncr
Secretary of State
DIVISION OF ELECTIONS
February 21, 2013
Ms Fabiola Diaz, Treasurer for
Candidate Alex Diaz de la Po1tilla
1519 Southwest 19th Street
Miami, FL 33145
Re: CAN 55755
Dear Ms Diaz:
The Division of Elections has determined that the following report is incomplete for the reasons noted in
the attached error repoJt:
Year Type
2013 TR
Cover Period
11/2/12- 2/4/13
Pu1suant to Section 106 07(2), Florida Statutes, you have 7 days from receipt of this notice to file an
amended report to correct errors or p1ovide missing information If the information has been reported
accurately, provide a written explanation lo the Division addressing the issue noted in the errm report
Please be advised that failure to supply this information within the time allowed may constitute a
violation of Chapter 106, Florida Statutes
lfyou need assistance in filing an amendment, please contact the Division's help line at (850) 245-6280,
~-\)
Sincerely,
A Mk:t~.Q_~,l "D-----
Ki i~ti Reid Bronson
Chief: Bureau of Election Records
Attachment
cc: The Honorable Alex Diaz de la Portilla, Candidate
~. :. ,_ ~ " "'"'")_
EXHIBIT__::3=--(_:_\
r.. __ ,.....
·~1;:1"'1
..
'"'-····
...... :1J:"
/!'/'\/'\ C' _,,,,1,. ""-·-
(900010
_,,
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__ ..
"f .•. 11-1.. ---····
r.•1 ....:J.
"".,'"' ('\".. C'/'\
0/2013
Page 1
fllll'itla Danartment of State - Division of Hections
_
andidate: Alex Diaz de ia Portilla
eport; 2013 TR
(9)
Covering Period:
~la!J!:B
RenQ!'_t __ _
Office: STR
11/2/12 - 2/4/13
Account: 55755
al
tatute
FAG
Description
~.07
Petty Cash Spent not reported
~.11(3)
Deficit balance
rlluUons
lllltures
·-------------------~-------------------------------------
~
Ee&
Description
----------------~----
Seq
Date
Name
Expenditure
Clty
-----------------~
Amount
6.12
Petty Cash over limits
26 121241201
CAROTRONIC
PCW
$301 05
6.12
28
121241201
CAROTRONIC
PCW
$301.95
Transfers
r Dlstrlllltlons
e
0
0
~
63
0
=i
~
l.;J
~d·
0
"'-'
-1=
.J::::•
r_-,_\
',
Sum of Contributions vs Expenditures
2/20/2013 5:57:26 PM
55755
Date of last Contribution: 1119/12
Year
14After11/1/12
Contributions
Expenditures
Running Total
Q1
$8,600 00
$702.43
$7,897.5'7
F1
$10,250.00
$15,477.28
$2,670.29
F2
$9,250 00
$8,889.38
$3,030 91
F3
$29.000 00
$22,277 30
$9,753 61
G1
$36,775 00
$22,276.78
$24,251 83
G2
$3,800 00
$20,026.81
$8,025.02
G3
$10,000.00
$32,425 21
~-~~
G4
$24,550 00
_$_18,299.74
J-.i~~i~11
TR
$5,500 00
$21 007."73
$137,725 00
$161,382 66
- Report
... - --·
Previous Balance:
2012
2013
Campaign Total:
----
Grand Total:
EXHIBIT
3 ( QJ Y)
000012
(
Petty Cash
2/20/2013 5:57:50 PM
55755
20121106-GEN
Year
Report
Withdrawn
Previous Balance:
2012
Q1
2013
Spent
Running Total
·--·-.
$0 00
F1
$300 00
$300 00
F2
$300 00
$600 . 00
F3
$600.00
G1
$600 00
G2
G3
$600 00
. $600.00
G4
$600.00
TR
$603.00
00001.J
$120300
,'
I
'
Ken Detzner
Secretary of State
Second Notice
March 28, 2013
Ms Fabiola Diaz, Ireasw·er for
Candidate Alex Diaz de la Portilla
Miami, FL 33145
Re: CAN 55755
Dear Ms. Diaz:
On February 21, 2013, you were advised that one or more of yow campaign treasurer's reports
were incomplete and that you had 7 days to file amended repor1s providing the requested
information.
fhe Division's electronic filing system indicates that the required information has not been
provided . Pursuant to Section I 0622, Florida Statutes, the Division is required to notify the
Florida Elections Commission of the failure to provide infoimation requhed by Chapter 106 .
Acco1dingly, if the information requested in ou1 prior notice is not received within 7 days of
receipt of this letter, we will refer this matter to the Commission A second copy of the error
report is attached for your convenience
Sincerely,
~/(,_,_:,_,(:~~~ :p,Kristi Reid Bronson, Chief
Attachment
cc: The Honorable Alex Diaz de la Portill'\ Candidate
EXHIBIT
q( \J 3)
.•
00001.q
Room .116 R.A Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 • (850) 245-6280
FAX: (850) 245-·6260 • WWW Address: http://www.dosstate.tl us • E-Mail: DivE/ectiom@maildos statejlus
Page 1
Horiaa Oepartmsnt of State - mvision of auctions
··--· ··-·
Cmnpl!ance_Report
3128/2013
Office: STR
Candidate: Alex Diaz de "la Portilla
Report:
2013 TR
Coverrng Period:
(9)
Account: 55755
11/2112 - 2/4/13
Overal
FAC
Statute
Description
Cash Spent not reported
106.07
Pett'/
106.11(3)
Deficit balance
contrlJIJtions
ExPlllllitures
----------------------------------------------------------106.12
Description
Petty Cash over iimits
106.12
FAC
Statute
fund Transfers
Other mstrillitions
e ~
0 ffi
:::j
0
0
~-'
Ui
___f.:::.
~
\.A)
\____/
--------------------Seq
Date
Name
26
121241201
CAAOTRONIC
28
12/241201
CAADTRONlC
Expenditure
City
- --- -- ----- ------ - "'
Amount
~
PCW
$301.05
PCW
$301.95
3/28/2013 3:47:09 PM
55755
Date of last Contribution: 11/9/12
Year
Report
14After 11/1/12
Contributions
Expenditures
Running Total
Q1
$8,60000
$702 43
$7,897.57
F1
$10.250.00
$15,477.28
$2,670.29
F2
$9,250.00
$8,889.38
$3,030 91
F3
$29,000 .00
$22,277 30
$9,753.61
G1
$36,775.00
$22,276.78
$24,251 83
G2
$3,800.00
$20,026.81
$8,025.02
G3
$10,000.00
$32,425.21
G4
$24,550.00
$18,299.74
TR
$5,500 00
$21,007.73
$137,725 00
$161.382 66
- ---·- ·-
Previous Balance:
2012
2013
Campaign Total:
Grand Total:
0000:1.b
(
(
'·
FLORJDA DEPARTMENT Of STA!!!
RICK SCOTT
KENDETZNER
Governor
Secretary of State
FINAL NOTICE
Delivery Confirmation:·- usPsTRAcK>NG• 9114 9010 7574 2355 4692 77
& CUSTOM CR
flECElM
ForTn:ickmg or lnqul®s ~to USPS.corn
or ca111-B00-2Z!.. 191 t
July 12, 2013
Fabiola Diaz, Treasurer for
Candidate Alex Diaz de la Portilla (55755)
1519 Southwest I9'h Street
Miami, FL 33145
Deat Ms Diaz:
You have been advised on several occasions that one or more of your campaign treasurer's reports
were incomplete and that you had 7 days to file amended reports providing the requested
info1mation. The following report needs amending:
201.3
Report
Cover Period
TR
11102/2012 - 021041201.3
For your convenience, a copy of the enor report is attached If the report is not filed within 7 days
of receipt of this Jetter, the Division will forward this matter to the Florida Elections Commission
for further action . Section I06.265(1 ), Florida Statutes, authorizes the Florida Elections Commission
to impose civil penalties of up to $1,000 per violation
If you have any questions, please call the Help Desk at (850) 245-6280
Sincerely,
,)L.l A~=i)~-:$-.Kristi Reid Bronson, Chief
KRB/tsal
Enclosure
PC: The Honorable Alex Diaz de la Portilla (55755)
\
~l~'l10.~UGl~g~•~ub
00001'?
South Bronough Str·eet • Tallahassee, Florida 32399-.0250
Telephone: (850) 245-6240 • Facsimile: (850} 245-6259 www.dos.state.fl.us
Commemorating 500 yeanJ of Florida history
www.flaSOO .. com
unu ru1n1n1 rnn
J
Rorida Ue~artmant of Stata - OMsian otEisct!ons
Page
C\lmilllance_Ro!lllrt
date: Alex Diaz de la PoFtilla
"t:
2013 TR
Q
EM<
(9)
Covering Period:
Office: STR
Account: 55755
11/2112 - 2/4/13
Descnption
Pe\ty Cash Spent not reported
3)
Oef1cil balance
inns
.~,
l'e3
_______
·--A~~-------~-----·-----------------------~~----------
it
Descr1g_tion
FAC
8fill'S
lrillllions
e
0
0
0
Seq
4
_____________
~
Name
Expenditure
CiW
-------~-- --~-----
~
Amount
Petty Cash ov~r limits
26
12n41201
C:NU.H RONIC
PCW
$301 05
Petty Cash ovE-r limits.
26 12/Z4fZOf
CA~Qt~OWC
PCW
5301.95
~
~
1---"
():;
~
.\.__/
3/28/2013 3:47:09 PM
55755
Year
14 After 11/1/12
Contributions
Expenditures
Running Total
Q1
$8,600 00
570243
$7,897.57
F1
$10.250.00
$15,47'7..28
$2,670.29
F2
Report
.
Previous Balance
2012
·--·-···F3
$9,250.00
$8,889.38
$3,030 91
$29,000 00
$22,277 . 30
$9,753.61
G1
$36,775 00
$22,276 78
$24,251 83
G2
$3,800 00
$20,026.81
$8,025.02
83
$10,000.0()
··-·-·-··
2013
G4
$24,550 00
TR
$5,500 00
521,007 73
$137,725 00
$161 382 66
Campaign Total:
Grand lotal:
EXHIB1T
5 (3 ~
4J
0000.1.9
~"';,J_;~l:-i"""tir,-r~··11-•;:,"»
;1,~lie!?~.~!i~,gg).
USPS - Track & Confirm
Page I of I
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SERVICE~
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fil9.!lJ.n
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Label/Receipt Number: 9114 9010 7574 2355 4692 77
Service(s): USPS Tracking/Delivery Confirmation™
Status: Delivered
Track & Confirm
.§.~.!~!_!-:~-~~~~~9~~!_~~~~-
Your item was delivered at 6:20 pm on July 15, 2013 in MIAMI, FL 33145
Detailed Results:
•Delivered, July 15, 2013, 6:20 pm, MIAMI, FL 33145
•Out for Delivery, July 15, 2013, 8:31 am, MIAMI, FL 33125
•Sorting Complete, July 15, 2013, 8:21 am, MIAMI, FL 33125
•Arrival at Post Office, July 15, 2013, 8:20 am, MIAMI, FL 33125
• Depart USPS Sort Facility, July 14, 2013, OPA l.OCKA, FL 33054
•Processed through USPS Sort Facility, July 13, 2013, 10:29 pm, OPA LOCKA, FL 33054
•Depart USPS Sort Facility, July 12, 2013, TALLAHASSEE, FL 32301
•Processed through USPS Sort Facility, July 12, 2013, 7:15 pm, TALLAHASSEE, FL 32301
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8/112013
2/6/2014
Account: 55 755
Rpt Seq:
Page 1
Queued Items for 2013-TR
STR 112 Alex Diaz de la Portilla
9
ProcessDescription
Create Pending Report
Status
Processing Complete
55755
11/15/20129:57:31 PM
lastUpdate
11/15/2012 9:57:31 PM
Delete Pending Report
Processing Complete
55755
11/16/2012 8:47:08 PM
11/16/2012 8:47:08 PM
Create Pending Report
Processing Complete
55755
2/4/2013 5:25:09 AM
2/4/2013 5:25:09 AM
Review Pending Report
Processing Complete
55755
2/4/2013 6:14:37 AM
2/4/2013 6:14:37 AM
Processing Complete
55755
2/4/2013 6:15:50 AM
2/4/2013 6:15:50 AM
Processing Complete
55755
2/4/2013 6:18:55 AM
2/4/2013 6:18:55 AM
Processing Complete
55755
2/4/2013 6:19:26 AM
2/4/2013 6:19:26 AM
Processing Complete
55755
2/4/2013 9:50:13 PM
2/4/2013 9:50:13 PM
Processing Complete
55755
2/4/2013 9:51:01 PM
2/4/2013 9:51:01 PM
Processing Complete
55755
2/4/2013 9:51:30 PM
2/4/2013 9:51:30 PM
File Pending Report
Processing Complete
55755
2/4/2013 9:53:51 PM
2/4/2013 9:53:51 PM
Amend Filed Report
Processing Complete
55755
3/6/2013 7:3 l :52 AM
3/6/2013 7:31:53 AM
File Pending Report
Processing Complete
55755
5/15/2013 8:33:20 AM
5/15/2013 8:33:20 AM
EXHIBIT
SUbniitter
p(\JtS)
C't·eated
-
FLORIDA DEPARTMENT OF STATE, DIVISION OF ELECTIONS
CAMPAIGN TREASURER'S REPORT SUMMARY
(1)
Candidate Committe or Party Name
(3)
Miami
Address (number and street)
City
0
55755
(2)
----
ID Number
,,
______ __
,
FL
State
·-
33145
Zip Code
Check box if address has changed since last report
Check appropriate box(eS)'
(4)
~
Candidate (office sought)
D
Political Committee
D
D
0
0
Committee of Continuous Existance
Check If PC has DISBANDED
Check If CCE has DISBANDED
Party Executive Committee
(5) REPORT IDENTIFIERS
Cover Period:
0
From
To
11/02/2012
~Amendment
Original
D
Report Type,
02/04/2013
Special Election Report
(6) CONTRIBUTIONS THIS REPORT
(7) EXPENDITURES THIS REPORT
$5 500 00
Cash & Checks
Loans
$0 00
Total Monetary
TR
$0 00
$0 00
Transfers to Office Account
Total Monetary
$5 500 00
In-Kind
$21,007 73
Monetary Expenditures
$21,007 73
(8) Other Distributions
-
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 correct and complete
I certify that I have examined this report and it is
true correct and complete
'""'"-'"'-·-····---·------··'--"-··--Name of
D
Treasurer
0
Deputy Treasurer
Name of
x
x
Signature
Signature
~Candidate
0
Chaiman (PC/PTY Only
Reviewed On·
Prepared on: 8/8/13 3:35·37PM
EXHIBIT----'"-~(~Q. : . . :.o~. . ;.5. .; . J_
3/6/13 7'31 am
ID: 55755
CAMPAIGJ . <EASURER'S REPORT - ITEMIZED
Name:
"'*
1
11/05/2012
2
---·11/05/2012
3
11/05/2012
4
5
6
11/09/2012
11/09/2012
---.-·
11/09/2012
9
_,,,,.,,_, _____ ,,,.,,_,,,,_
11/0912012
__
...,.,_,, 10
__,.,
,
11/09/2012
11
___,,_
11/0912012
__
f-"""""""1'2"
........ _,,,,
""""""'
1110912012
···-1-3-·-
----11/0912012
r--:;4-
--11109/2012
$250 00
GRAPHICS
CHE
CHE
$500 00
RESEARCH
B
CHE
$500 00
REAL ESTATE
B
CHE
FORTUNE CONSTRUCTION COMPANY
315 SOUTH BISCAYNE BLVD
MIAMI FL 33133
PRH AFFORDALE INVESTMENT LLC
315 SOUTH BISCAYNE BLVD
MIAMI FL 33133
$500 00
CONSTRUCTION
B
CHE
-----·-- r--··-..B
··cHE:-
_______
INVESTMENT
,,,,_,
-·
,,,_.,
..._
""""'_,
__
..
--·
_, __
"""'"""--"""""""'-'""""'
I
ATTORNEY
··-ci:iE"- .....
-·
. CHE·B
"""-""""-·--.......
ESTATE
..,._,REAL
..,,_.,_,_,,
..
B
CHE
·----
--··---··-·-·---"'-"·--·
Reviewed On
..
...............
·-----·"---··--·...
,_,_,.,_
..,,,,
...
__
,,,,.,,_,,,.
_.,,_,
,
-·----
-···--"'-·---·-···
3/6/13 7:31 am
$250 00
·--······ $25o"oo
,,_,.,.,,,,,
INFOMATION SERVICES
OTOLARYNGOLOG!CAL TRAINING
$500 00
,_,_,_
.
,,,,,,_,_,_,,,,_,,_, ,,,,
CHE
·-- ---···
...
,,,_,,,
·-·---""""""
;_ ,
,,
,,,_,
,
$500 00
,
·-·
,__.CHE·- --··-·--'-"""-""'"'_"_..,...,,_._,,
···-···-- " ' " - " " " ' - " "
___
___ __
-·-·-""-"""'-""-___ ___ ____________
_____
__
___ __
__ __ __ __
B
STRATEGIC
B
--·-·
$500 00
CHE
FERGUSON THAYER STELLA
P.O. BOX 4209
THONOTOSSA FL 33582
-------·----"'·-·-··-MIAMI DATA VAULT
______
CONSTRUCTION
B
"
·--·
_,
·-··
FLAGLER CONSTRUCTION CORPORATION
2855 LE JEUNE RD 4 FLOOR
COARAL GABLES FL 33134
FECI HOLDING CORP
4601 TOUCHTON ROAD EAST
JACKSONVILLE FL 32246
$500 00
INVESTMENTS
B
JACKSONVILLE Fl 32246
" Incomplete Record
$250 00
MARKETING
B
JACKSONVILLE FL 32246
TWJ
100 BISCAYNE BLVD
MIAMI FL 33131
$500 00
CHE
1200 BRICKELL AVE SUITE 1410
MIAMI Fl 33131
100 BISCAYNE BLVD
MIAMI FL 33131
Amend
COMMITTEE
B
GREEN GRAPHICS
P.O. BOX 831033
MIAMI Fl 33280
OPERA TOWER Ll.C
100 BISCAYNE BLVD
MIAMI FL 33131
Amount
CHE
ZOOM IQ
940 UNCOLN RD SUITE 314
M!AM1 BEACH Fl 33019
FLORIDA EAST COAST INDUSTRIES
~7
to 02/04/2013
In-Kind Description
B
FECI COMPANY
11/09/2012
Period: 11/02/2012
Occupation
Type
UPSPAC-FLOR!DA
55 GLENLAKE PARKWAY NE
ATLANTA GA30032
LINCOLN CAPITAL LLC
11/09/2012
_,,,_,,,,_,
Contributor
Page 1 of 1
~IBUTIONS
Report 2013 TR
Records in Filed Report"'*
Full Name
{Last, Suffix First, Middle
Street Address & City, State, Zip
Seq#
Date
co(
,,
$250 00
·-··--$250 00
··-
----··---
··-
Prepared on: 8/8/13 3'35.38PM
ID: 55755
Name:
CAMPAIG(
~EASURER'S REPORT- ITEMIZED Ex(
Report: 2013 TR
** Records in Filed Report**
11/0512012
2
MCDONALDS
1789SW SST
MIAMI, FL 33131
3
11/05/2012
4
11/05/2012
5
11/06/2012
6
FOOD AND BEVERAGES
MON
GAS
U.S, POSTMASTER
2200 NW 72 AVE
MIAMI. FL 33152
MON
MAIL 3390 BRM
U.S. POSTMASTER
2200 NW 72 AVE
MIAMI, FL 33152
MON
MAIL 3390 BRM
CHEVRON
195 BIRD ROAD
CORAL GABLES, Fl 33146
MON
GAS
MON
BANK FEES
MON
GAS
12201 S.W. 8 ST
7900SW 25T
11/09/2012
a
11/11/2012
___
11/13/2012
-
__ __
10
""""""'"
,,,
11/13/2012
l--·-·11
"""""""'""--""'"""
....
.....
MIAMI, FL 33166
,,,,,
,,,
..
11/14/2012
13
--·"'"'""""_,
__
11/14/2012
1980 NE 167TH ST#6
MIAMI BEACH, FL 33130
r·--1-6_ _ ,
11/15/2012
--·-1-7--
··-·
11/1512012
18
11/19/2012
19
11/19/2012
20
11/19/2012
21
11/21/2012
22
11/26/2012
$88 05
$3 00
$45 82
·-·----··
MON
GAS
MON
WAGES
-·
,,
·-··-·..---
____
A-ETRON
5661 SW SST
MIAMI, FL 33134
__ ___ ___ ___
,,_,,,
,
___
MON
,
-
RUTH COMME
3355 W68TH ST#108
HIALEAH, FL 33131 .,
__ __
..
,
,,,
___ ,,
,_,
,_ ,,,,,_,
,,,,_,
,
--
"-- ----·$400 00
___ ,.
$350 00
-
..
MON
WAGES
MON
WAGES
$345 00
··-·---·-..·----·------··- ,_,_____ $30600
___ _____ ________ ___
.....,.,
WAGES
MON
WAGES
MIRIAM ZAMANILLO
1135SW6THST#1
MIAMI, FL 33145
MON
WAGES
VANIA OLIVAS
3901NW11TH STRTEET
MIAMI, FL33133
MON
WAGES
SANDRA OVIEDO
3901NW11TH STRTEET
HOMESTEAD, FL 33032
MON
WAGES
MAGDALENA SANTALLANA
23190 SW 123RO CT
MIAMI, FL 33170
MON
WAGES
JAIME GUTIERREZ
15179SW128TH PL
MIAMI, FL 33186
MON
WAGES
-
···-
3/6/13 7'31 am
EXHIBIT
., ,__ ,,
,,
$200 00
COMPUTER RENTALS
MON
" Incomplete Record
___ __ __ __
___ __ _______
,..,_,_,,....
----·- -··· --·- ""-'""""'--·-·--·----"""""""
,
ANGELICA SERNA
12352 SW 10TH LN
MIAMI, FL 33184
___
WAGES
-
SAVANA ROMAN
7820 SW 148TH
MIAMI, FL 33177
-
WAGES
--···MON
$500 00
$250 00
"->-·--·- f - - - - · ..
"""·--·-
MON
ALMA MARQUEZ
3901NW11TH STRTEET
MIAMI, FL 33126
,
$40 00
WAGES
MON
ROS MARIA CORREA
4242 NW 2ND ST#802
MIAMI, FL 33136
I-· YOHANNA MEDEROS
11821 SW 177 TERR
11/14/2012 MIAMI, FL 33177
11/14/2012
$460 00
....
...
AUNA ALONSO
285 NE 118TH ST
MIAMI BEACH, FL 33162
----·-
--------
$15 000 00
--···
NINFA SANCHEZ
~·-14--·-
15
-- -·
-
KATOURA INC
3201 NW 36AT
MIAMI, FL 33142
__ __ -·
11/13/2012
····-~-
$49 30
MIAMI, Fl 33175
SUNOCO
7
$24 06
MIAMI. FL 33135
WELLS FARGO
11/08/2012
Amend
MON
CHEVRON
11/05/2012
Purpose
Type
9900 SW 72 ST
9
to 02/04/2013
Amount
(Last, Suffix First, Middle
1
··--"""""'
Period: 11/02/2012
FuU Name
Seq#
Date
-·
Page 1 of2
~DITURES
...,_,,
,
-·
···--""'"" $300 00
$440 00
$500 00
$13000
$100 00
$100 00
$200 00
Prepared on: 8/8/13 3 35.39PM
ID: 55755
Name·
CAMPAIG{
~EASURER'S REPORT -
Id
Seq#
Date
23
12/03/2012
24
Report: 2013 TR
Records in Filed Report**
Full Name
(Last, Suffix First Middle
ARNALDO RIVERO
5175 E 8TH AVE
MIAMI. FL 33130
12201 S.W. 8 ST
25
12/24/2012
26
26
27
28
12/24/2012
29
12/24/2012
30
.. _,,,_,,_""'""""
11/02/2012
___
31
,,.,,.,
___
,,,_,,.
11/02/2012
32
.., , _
11/05/2012
to 02/04/2013
Purpose
Amend
MON
WAGES
MON
BANK FESS
MON
BANK FEES
PCW
PETTY CASH
$400 00
$3 00
-
-
CARDTRONIC
2445 WEST FLAGLER ST
MIAMI, FL 33133
PCW
--
WESTAR
6703SW 8ST
MIAMI, FL 33165
·-·
,,
..
· Incomplete Record
,,._,_,,_,
__
,_..,,,,
______
...
MON
BANK FESS
MON
GAS
MON
GAS
MON
GAS
----·~--
Reviewed On·
EXHIBIT
(,(CS D~5J
$301 95
PETTY CASH
-
CHEVRON
9695 SW 88 ST
MIAMI, FL 33176
$2 50
BANK FEE
--··
WELLS FARGO
12201 S.W. 8 ST
MIAMI, FL 33175
__ ___
$301 05
!JistO!) 05 15 13
MON
CHEVRON
195 BIRD ROAD
CORAL GABLES, FL 33146
$301 05
PETTY CASH
PCW
MIAMI, Fl 33132
MIAMI, FL 33175
$2 50
UPD
WELLS FARGO
12201 S.W. 8 ST
12/24/2012
...
MIAMI, FL 33132
CARD TRON IC
12/24/2012
Period: 11/02/2012
MIAMI, FL 33175
WELLS FARGO
12201 S.W. 8 ST
MIAMI, FL 33175
CARDTRONIC
12/24/2012
Page 2 of2
~DITURES
Amount
Type
WELLS FARGO
12/10/2012
ITEMIZED Ex\
-
-
$45 00
-- -·----$60 00
$64 00
·-·---·-..·-----"'-·---···-··--"-'""-'
..
3/6/13 7·31 am
$2 50
,,,_
Prepared on· 8/8/13 3:35·39PM
RICK SCOTT
Governor
KENDETZNER
Secretaiy of State
September 14, 2012
Ms Fabiola Diaz, Treasurer
1519 Southwest 19 street
Miami, Florida 33145
Dear Ms. Diaz:
Yom appointment as campaign treasurer for fhe Honorable Alex Diaz de la Portilla was filed in
this office on September 13, 2012. Enclosed is a security envelope containing yow confidential
PIN number to access the Division of Election's electronic filing system (EFS) for submitting
campaign treasurer's reports.
All of the Division's publications and reporti!lg forms are available on the Division of
Elections' web site at http://clections . myflorida.com., 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: Chapten 104 and 106, Florida Statutes, 2012
Candidate and Campaign Treasurer Handbook, 2012 Calendar of Reporting Dates, and Rule
!S-2 . 017, Florida Administrative Code,
If you have questions concerning the electronic filing system you may call the EFS Help Desk at
(850) 245-6280
Sincerely.,
~~,f-=1~---~
Kristi Reid Bronson, Chief
Bureau ofF.kction Records
KRB/ljr
Enclosure
pc: The Honorable Alex Diaz de la Portilla, Candidate (55 755)
)t_
VIVA flORIDA5UO
R.A Gray Bldg . , Rm . 316 • 500 S Bx·onough St.• Tallahassee, Flodda 32399···0250
Telephone: (850) 245-6240 • Facsimile: (850) 245-6259 elections.myflorida . com
Commemorating 500 yeus of Flodda history
www . tla500 . com
EXHIBIT_7_.__ __
)t_
VIV! fl0Rlll!500
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 1160 0004 9189 1913
Fabiola Diaz
1519 SW 19th Street
Miami, FL 33145
RE:
Case No.: FEC 13-225; Respondent: Fabiola Diaz
Dear Ms . Diaz:
On July 30, 2013, the Florida Elections Commission received a referral from the Division of
Elections alleging that you violated Florida's election laws.. I have reviewed the referral and find
that it contains one or more legally sufficient allegations The Commission staff will investigate
the following alleged violation:
Section106.,07(2)(b)l., Florida Statutes: Fabiola Diaz, treasurer
for Alex Diaz de la Portilla, candidate for State Representative,
District 112, during the 2012 election cycle, failed to make
necessary amendments to the 2013 I ermination Report, 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 surrounding 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 report
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 from 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 106,
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
notice of hearing at least 14 days before the hearing The notice of hearing will indicate the
ComOl l (10/07)
location, date, and time of your hearing. You will have the opportunity to make a brief oral
statement to the Commission, but you will not be pe1mitted to testiry or call others to testify, or
introduce any documentary or other evidence
At any time before a probable cause finding, you may notify us in writing that you want to enter
into negotiations directed towards reaching a settlement via consent agreement.
The Report ofinvestigation, Staff Recommendation, and Notice of Heaiing will be mailed to the
same address as this letter . The1efore, 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 heaiing.
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, aie confidential until the Commission finds probable cause or no probable cause The
confidentiality 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 appeaiance with the Commission before any member of the
Commission staff can discuss this case with him or her.
If you have any questions or need additional information, please contact Cedric Oliver, the
investigator assigned to this case.
Since ly,
AMI/em
ComOl l (8108)
/
I
FEC REFERRAL FORM
To FEC from Division of Elections
Name:
Account Number:
55755
Candidate:
Treasurer:
Fabiola Diaz
Person Named/Notified: Fabiola Diaz
The Division of Elections is referring this issue to the Florida Elections Commission
pursuant to Section 106 . 25, Florida Statutes.. .f\ddendums have not been filed pursuant
to Section 106 07(2)(b)1 . , Florida Statutes, for the following report(s):
2013 Termination Report
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July 26, 2013
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AFFIDAVIT
STATE OF FLORIDA
County of Leon
Kristi Reid Bronson, being duly sworn, says:
L
I am the Chief of the Bureau of Election Records of the Division of Election. In that
capacity, I oversee the Division's duties related to the filing of campaign finance reports
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 oflegal age and competent to testify to the matters stated herein.
4..
Alex Diaz de la Portilla (55755) was a candidate for the office of State Representative,
during the 2012 election cycle .
5
On Febrnaiy 9, 2012, a filed the Appointment of Campaign Treasurer and Designation of
Campaign Depository with the Division of Elections (Division). On September 13, 2012,
Mr. Diaz de la Portilla appointed Fabiola Diaz as treasurer
6
On February 21, 2013, the Division mailed Ms. Diaz notification that the 2013 termination
report was incomplete (See attached letter)..
7.
On March 28, 2013, the Division mailed Ms Diaz notification that the 2013 termination
report was incomplete . (See attached letter)
8
On July 12, 2013, the Division mailed Ms . Diaz notification with delivery confirmation
that the 2013 termination report was incomplete . (See attached letter with delivery
confirmation)..
!NV035 (S/00)
OOOOG2
(
9..
As of July 26, 2013, Ms. Diaz has failed to make the necessary amendments to the 2013
termination report or provide a Wiitten explanation regarding the same .
I hernby swear or affirm that the foregoing information is true and correct to the best of
my knowledge.
Sworn to (or affirmed) and subscribed before me this 26th day
of July oa.
Signature of Notary Public - State ofFlorida
Print, Type, or Stamp Commissioned Name of Notary
Public
Personally Known~
rNV035 (5/00)
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F'ioruoA DEPARTMENr_2ffilil
RICK SCOTT
KENDETZNER
Governor,
Secretary of State
February 17, 2012
The Honorable Alex Diaz de la Portilla
1519 Southwest I91h Street
Dear Senator Diaz de la Portilla:
This will acknowledge receipt of the Appointment of Campaign Tleasurer and Designation of
Campaign Depository for the office of State Representative, which was placed on file in our
office on February 14, 2012., Your name has been placed on the 2012 active candidate list
Campaign Treasur'er's Reports
Your first campaign treasurer's report will be due on April 10, 2012 The report will cover the
period of January 1- March31, 2012 All candidates who file reports with the Division of
Elections rue required to file by means of the Division's electronic filing system (EFS),
Credentials .!Jnd Sign-ons
Below is the web 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 will be immediately prompted to change it to a confidential sign-on You, your
campaign treasurer, and deputy ueasurers are responsible for protecting these passwords fwm
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://efa,dos.stateJl.us
Identification Number: 55755
()00004
~
VIVA flORIDA500.,
Division of' Elections
R.A. Gray Bldg., Rm,, 316 • 500 S Bronough St.• Tallahassee, Flodda 32399·0250
Telephone: (850) 245-6200 • Facsimile: (850) 245·6217 elections.myflodda,,com
Commemorating 500 years of Florida history
www.fla500,.com
)t
VIVA HORIDA 51
I he Honorable Alex Diaz(
February 17, 2012
Page Two
ia Portilla
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 mo/her '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
Timely Filing
All reports filed must be completed and filed through the EF S 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 I 06 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 during 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 first 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 period covered by the late report.
Electtonic Receipts
The person submitting the report on the EFS will be issued an electronic 1eceipt indicating and
verifying the report was filed . Each campaign treasurer's report filed by means of the EFS is
<:Onsidered to be under oath by the candidate and campaign treasurer and such persons aie
subject to the provisions of Section 106.07(5), Florida Statutes
000005
The Honorable Alex Diai, _ ia Portilla
February 17, 2012
Page Three
Instructions and Assist!!nce
An online instmction 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 EF S Help Desk at (850) 245··6280 .
All of the Division's publications and reporting forms are available on the Division of
Elections' web site at http://elections . myflorida.com. lt is your responsibility to r·ead,
understand, and follow the requirements of Florida's election laws. Therefore, please print
a copy of the following documents: Chapter~ 104 and 106, Florida Statutes, 2012 Candidate
and Campaign Treasurer Handbook, 2012 Calendar of Reporting Dates, and Rule IS-2.017,
Florida Administrative Code.
Please let me know if you need additional information
Sincerely,
~ ~~ ~.J-~C{ ~
KRB/ean
Enclosures
(J00006
(
OFFICE USE ONLY
STATEMENT OF
CANDIDATE
2012 FEB I 4 Pll I: f; 2
(Section 106. 023, F. S.)
(Please print or type)
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candidate for the office of
State
Repre£e,....,n...,ta.,_,t~iv~e..______.__
have been provided access to read and understand the requirements of
Chapter 106, Florida Statutes
x
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2..
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) .
000007
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2012 SEP 13 AH 7:
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(Section 106 021(1),
r S1ATE
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APPOINTMENT OF CAMPAIGN TREASURER
AND DESIGNATION OF CAMPAIGN
DEPOSITORY FOR CANDIDATES
S.)
0/V/S/ON
oi:- ,.., -
TM AHAss~~~ nons
- ··FL
(PLEASE PRINT OR TVPE)
NOTE: This form must be on file with the quallfylng
officer before oDenln!I the campalan account.
[
OFFICE USE ONLY
1. CHECK APPROPRIATE BOX(ES):
0
Re-filing to Change: [p---,-(easurer/Deputy
Initial Filing of Form
OD-oePo;epository
0
A\~ coi~~i~ t:Fr0~~\· ti;~
4 . Telephone
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(
code)
5 E-mail address
15' Icl S
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Write-lnQ] No Party Affiliation
Party
[9-6mpaign Treasurer
9. I have appointed the following person to act as my
----·~-···
14. County
.
6--l1ct«u - 0:.tt~€
Deputy Treasurer
(
15. State
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18 I have designated the following bank as my
19 Name of Bank
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candidate
12. Telephone
\Or 5·.f-
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16. Zip Code
r ~ ~rimary Depository
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20 Address
22 County
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if-fecondary Depository
C!_o v- cd
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23 State
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17 E-mail address
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21 City
ID
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11 Mailing Address
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My intent is to run as a
OJ
-1o Name of Treas!dfer or r;ieputy Tre<JGer
___ 1-o._ b ola.. \C:A 2-13.
Party
"f:: l.. ~·3> 1<.-f is-··
8 II a candidate for a partisan office, check block and fill in name of party as appllcable:
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app:t,fle:
My intent is to run as a Write-In candidate
·:} s....\.inc -\-- \ ld-
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Office
7 If a candidate for a nonpartisan office, check if
6. Office sought (include district, circuit, group number)
-·-
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3 Address (include post office box or street, city state, zip
0
2
0
24. Zip Code
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UNDER PENALTIES OF PERJURY, I DECLARE TIIAT I HAVE READ TIIE FOREGOINl FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND
DESIGNATION OF CAMPAIGN DEPOSITORY AND THAT
25 Date--·-··-·-·------·
26. Si_.
q
27
I,
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Treasurer's Acceptance of Appointment (fill in the blanks and check the appropriate block)
____:fIA\), ti l°' D;Q i
· - , do hereby accept the appointment
(Ple~-Type'Name)
designated above as:
- ...
f.'.':':~~lifi:itl:
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Campaign Treasurer
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Signature of Campaign Treasurer or
D~uty Treasurer
Dool.,.. 11 C- '> nn.t\11
C A ,...
RICK SCOTT
Governor
KENDETZNER
Secretary of State
September I 4. 20 I2
Ms. Fabiola Diaz, Treasurer
1519 Southwest I 9 street
Dear Ms. Dia;::
Your appointment as campaign treasurer for Ihe Honorable Alex Diaz de la Portilla was filed in
this office on September 13, 2012 Enclosed is a security envelope containing your confidential
PIN number to access the Division of Election's electronic filing system (EFS) for submitting
campaign treasure(s rcpoJts.
·
All of the Division's publications and reporting forms are available on the Division of
Elections' web site at http:f/clections . myflorida . com. 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
lS-2.017, Florida Administrntive Code.
lf you have questions concerning the electronic filing system you may call the EFS Help Desk at
(850) 245-6280
Sincerely,
~lµJ, 4--~,.:c,(,·~·····'
KRB/ljr
Enclosure
pc: The Honorable Alex Diaz de la Portilla, Candidate (55 755)
OOOOC9
R.A. Gray Bldg . , Rm. 316 • 500 S Bronough St.,• Tallahassee, Florida 32399·0250
Telephone: (850) 245·6240 • Facsimile: (850) 245-6259 elections,myflotida .. com
Commemorating 500 years of Flodda history
www .. flaSOO .. com
~
VIV~ flOR\0~500
Ken Det:mcr
Secretaty of State
February 21, 20 I 3
Ms Fabiola Diaz, Treasurer for
Candidate Alex Diaz de la Poitilla
15 I 9 Southwest I 9th St1 eet
Miami, FL 33145
Re: CAN 55755
Dear Ms. Diaz:
The Division of Elections has determined that the following report is incomplete for the reasons noted in
the attached error repo1t:
Year Type
2013 TR
Cover Period
11/2/12- 2/4113
Pursuant to Section I 06 07(2), Florida Statutes, you have 7 days from receipt of this notice to file an
amended report to correct errors or provide missing information If the information has been reported
accurately, provide a written explanation to the Division addressing the issue noted in the error report
Please be advised that failure to supply this information within the time allowed may constitute a
violation of Chapter l 06, Florida Statutes.
If you need assistance in filing an amendment, please contact the Division's help line at (850) 245-6280
--:L:l . ~..--i"')
,N.c:>evrl..Q..,u..t "'D-·---·
Sincerely,
1
ti Reid Bronson
Chief, Bureau of Election Records
Attachment
cc: The Honorable Alex Diaz de Ia Pottilla, Candidate
00001.0
r. • .....
·~1
t: T\
..
,.._,, ..
n ..
!t.J! ..
·T ... 11.1 ........
¥"'.1 ..
!J. ,, .... .,<'IA
r.•"\C'f\
0/2013
Page 1
Florida Department of state - DiViSion of Hections
_ ~mpUB!l? llBD~t __ _
andidate: Alex Diaz de ia Portilla
eport;
2013 TR
(9)
Covering Period:
Office: STR
Account: 55755
11/2112 - 214/13
al
tatute
~
Description
16.07
'6.11(3)
Deficit balance
rlmtlllns
1111~
tatute
-~-------------------
EA£
Description
Seq
Date
Name
Expenditure
City
- -- ----------- -- -Tu@
Amount
6.12
26 121241201
CARDTRONIC
PCW
$301 05
6.12
28 12124/201
CAROTRONIC
PCW
$301.95
Transflll's
r Olstrlllltlutts
e
0
0
0
~A-
l-"
/-~~
(
212012013 5:57:26 PM
55755
Year
14After11/1112
Contributions
Expenditures
Running Total
$8,600 00
$702.43
$7,897.57
$10,250.00
$15,477.28
$2,670.29
F2
$9,250.00
$8,889 . 38
$3,030.91
F3
$29 . 000 00
$22,277.30
$9,753 61
G1
$36,775 00
$22,276.78
$24,251 83
G2
$3,800 00
$20,026.81
$8,025.02
G3
$10,000.00
$32,425.21
~•~.~-;9,~
G4
$24,550 00
_$_18,299.74
_!li&Kl{{~J~-~
TR
$5,500.00
$21 007.73
$137,725 00
$161,382 66
- Report
.. -- --
Previous Balance:
2012
Q1
.. -··---- F1
2013
---
Campaign Total:
----
Grand Total:
00001.2
,,
(
I
2/20/2013 5:57:50 PM
Petty Cash
55755
Re~_rt
20121106-GEN
.. -· .
Year
---------
Previous Balance:
Q1
2012
Withdrawn
Spent
, _Runn~ng Total
"
--- .. - --
"
_,.
'
--
$300 00
F2
$300 00
$300 00
- -··--·-
- -
,.
-·----
,,
$600.00
_____
G1
$600 00
G2
,
$600 00
. $600.00
G3
2013___
__
-----
$600.00
__
-··---
--
F1
F3
·-··--
$0 00
G4
TR
,.
$603,00
00001.3
_____
---·
$600 00
. ·-·.
$1,203, 00
(
/'
'·
Ken Detzner
Secretary of State
Second Notice
March 28, 2013
Ms
Fabiola Diaz, Ireasw·er fot
Candidate Alex Diaz de la Portilla
Miami, FL 33145
Re: CAN 55755
Dear Ms . Diaz:
On February 21, 2013, you were advised that one or more of your campaign treasurer's reports
information.
The Division's electronic filing system indicates that the required information has not been
provided. Pw·suant to Section l 06 22, Florida Statutes, the Division is required to notify the
Florida Elections Commission of the failure to provide info1mation requited by Chapter 106 .
Accordingly, if the information requested in our prior notice is not received within 7 days of
receipt of this letter, we will refer this matter to the Commission . A second copy of the erro1
repoit is attached for your convenience
Sincerely,
~ ,,t_._:,C:'4;-t~-~~
Attachment
cc: The Honorable Alex Diaz de la Portilla, Candidate
00001.4
Room 316 R.A Gray Building • 500 South Bronough Street •
Tallahassee, Florida 32399-0250 • (850) 245-6280
PAX: (850) 245-6260 • WWW Address: http://www.,dos.state fl us • E-Mail: DivE/ections@mail dos statejl u•
3/2812013
Page ·i
floritla llepartmant Of State - DiVision Of Bect!ons
CUnlpllance_f!eport
Candidate: Alex Diaz de 1a Portilla
Report: 2013 TR
(9)
Covering Period:
Office: STR
Account: 55755
11/2112 - 2/4/13
overal
Statute
FAC
106.07
Descnption
106.11(3)
Deficit balance
&JllltrlJutions
Expmtures
Statute
--------------··----FAC
106.12
106.12
D~scription
Seq
Date
Name
Expenditure
City
-----------------~
Amount
26 12124/201
CAAOTRONJC
PCW
$301.05
28 12/24/201
CAADlRONlC
PCW
$301.95
~
fllml rransfllrs
Dthll' mstrillltions
e
0
0
0
~,\
C/i
/~-,
/
.
/
\
1.
3128/2013 3:47:09 PM
55755
Year
Report
·-· . ---·- Previous Balance:
2012
2013
14After11/1/12
Contributions
Expenditures
Running Total
Q1
$8,600 00
$70243
$7,897.57
F1
$10,250.00
$15,477 28
$2,670.29
F2
$9,250.00
$8,889.38
$3,030 91
F3
$29,000.00
$22,277 30
$9,753.61
G1
$36,775.00
$22,276.78
$24,251 83
G2
$3,800.00
$20,026.81
$8,025.02
G3
$10,000.00
$32,425.21
G4
$24,550.00
$18,299.74
TR
$5,500 00
$21,007.73
$137,725 00
$161,382.66
Campaign Total:
Grand i·otal:
00001.6
(
FLoru'DA DEPARTMENT of STATE
--.
RICK SCOTT
KENDETZNER
Governor
Secretary of State
FINAL NOTICE
Delivery Confirmation: -
usPSTRACKING#
& CUSTOMER
RECEIPT
9114 9010 7574 2355 4692 77
ForTraeklno or lnquines go to USPS com
or ca111-000-222-101t
July 12, 2013
1519 Southwest 19•h Street
Miami, FL 33 l 45
Dear Ms . Diaz:
You have been advised on several occasions that one or more of your campaign treasmer's reports
information. The following report needs amending:
2013
Report
Cover Period
TR
11/02/2012- 02/04/2013
For your convenience, a copy of the error report is attached. If the report is not filed within 7 days
of receipt of this letter, the Division will forward this matter to the Florida Elections Commission
for further action. Section I06 ..265(1 ), Florida Statutes, authorizes the Florida Elections Commission
If you have any questions, please call the Help Desk at (850) 245-6280.
Sincerely,
~lA~==t)~-~$. .Kristi Reid Bronson, Chief
KRB/tsal
Enclosure
)t_
u1u1
r1nn1nt r-nn
000017
R. A. Gray Building • 500 South Bronougb Street
• Tallahassee, Florida 32399··0250
Telephone: (850) 245-6240 • Facsimile: (850) 245-6259 www .dos.state.fl.us
Commemorating 500 year'S of Florida history
www.flaSOO .. com
Florida Uepartmant or State - UMsiun OfEI6ctlons
3
Page
Cllrnpllance_Reirort
date: Alex Diaz de la Portilla
i: 2013 TR
(9)
Covering Permd:
£
~
Ofnce: STR
Account: 55755
11/2112-2/4/13
Descrsption
Pe\ty Cash Spent not reported
3)
Deficit balance
inns
res
---~------ ---~----------------------------------------~
Ui£
Sf!l1'3
1ru11tioos
c
0
0
0
1---"
00
Oescnption
--------------------Seq
~
Name
Expenditure
Cit'i
_______ ... ____ ., _____
~
Amount
26 121241201
c:NID I RON IC
PCW
$JOI 05
Petty Cash ove-r Umlls
28 121241201
CAAO?ROWC
PCW
SJnl.95
(
(
3/2812013 3:47:09 PM
55755
Year
14 After 11/1112
Contributions
.
Expenditures
Running 'Total
Q1
$8,600 00
5702 43
$7,897 57
F1
$10.250 00
$15,4T7 ..28
$2,670.29
F2
$9,250.00
SS,889.38
$3,03091
!'3
$29,000.00
$22.277 . 30
$9,75361
G1
$36,775.00
$22,276 78
$24,251 83
G2
$3,800.00
$20,026.81
$8,025.02
G3
$10,000.00
G4
$i4,550 00
TR
$5,500 00
521,007 73
$137,725 00
$161,382 66
Report
Previous Balance
2012
·--·~···-
··-""·-·-
2013
Campaign Total:
Grand Total:
0000.19
~"~~r.-1""Y::f'.-l""'"'"""I''"~
;!,'.l:i:l~;ll!:~~J.:~~t
FLORJDA DEPARTMENT Of STATE
--.
RICK SCOTT
KENDETZNER
Governor
Secretary of State
FINAL NOTICE
Delivery Confir·mation: -
usPsTRAcK>NG• 9114 9010 7674 2355 4692
& CUSTOMER
RECEIM
ForTrticlang or lnqul!1flt go to USPS com
77
or ca111.aoo-222..1a11
July 12,2013
1519 Southwest 19'0 Street
Miami, FL 33145
Dear Ms. Diaz:
You have been advised on several occasions that one or more of your campaign treasurer's reports
information. The following report needs amending:
2013
Report
Cover Period
TR
11/02/2012 - 02/04/2013
For your convenience, a copy of the enor report is attached l f the 1eport is not filed within 7 days
of receipt of' this letter', the Division will forward this matter to the Florida Elections Commission
for further action. Section l 06.265(1 ), Florida Statutes, authorizes the Florida Elections Commission
If you have any questions, please call the Help Desk at (850) 245-6280
Sincerely,
~-,A~:=1)~=$.. Kristi Reid Bronson, Chief
KRB/tsal
Enclosure
)k_
uura r1nn1n1 r-on
000020
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399··0250
Telephone: (850) 245-6240 • Facsimile: (850) 245-6259 www.dos.state.n.us
Commemorating 500 year,, of Flotida history
www.fla500 .. com
~
u1111 n noin11
flarida Ue(ll!rl1mmt or State · llMslan or l:l6ct!ons
J
Page
0
Cempllanca_Ral!Drt
Office: STR
date: Alex Diaz de la Portilla
"t:
2013 TR
£
!:8£
(9)
Covering Period:
Account: 55755
11/2112-2/4113
Description
PeUy Cash Spent not reported
3)
Deficit balance
ums
,-,
res
·----~---- ---------------------------~------~-------J--
~
FAC
8fe1'3
lrillltions
e
0
0
0
l\~1
~
Oescrietion
-- ------- --- - _... ----Seg
.Qfil!!
Name
Expenditure
Citv
-------~-- --~-----
~
Amount
26
121241201
CMO 1R.ONIC
PCW
SJOl 05
Petty Cash ove-r limit~
28
121Z41Z01
C.\!{D'lROWC
PCW
S301.95
(
3/28/2013 3:4'7 09 PM
55755
Year
Report
14After11/1112
Contributions
Running Tota'
.
Previous Balance
01
$8,60000
5702 43
$7,897 57
F1
$10.250 00
$15,477 . 28
$2,670.29
F2
·--·-···-
$9,250.00
SB,889.38
$3,030 91
F3
$29,000.00
$22,277 . 30
$9,753.61
G1
$36,775 00
$22,276 78
$24,251 83
G2
$3,800 oo
$20,026.81
$8,025.02
G3
$10,000.0()
G4
$24,550
2012
-
,_,.a•-••
2013
1R
Campaign Total:
oo
SS,500 00
s21,007 73
$137,725 00
$161 382 66
Graml 'fetal:
000022
~~J.;-r.'"!¥-~<'-i-1•·:1·1
&!3:1.~i!;i.:~~J;;g~I:
HISTORY NOTES
Alex Diaz de la Portilla - 55755
Unique ID
30443
Last Edited Date
Date Recorded
Orginally Recorded By
9/17/20121:01:00 PM
taholdeen
2012 F1 Fine:
Sent the following email:
To:Senator Alex Diaz de la Portilla, Candidate
Ms Fabiola Diaz Treasurer
Attached are copies of previously mailed notices with regards to the fine owed the State of Florida for the late filing of the 2012
F1 campaign finance report Please pay this fine to avoid referral to the Florida Elections Commission
If you need assistance, or have further questions, please contact our Help Desk at (850) 245-6280 Thank you in advance for
your immediate attention to this matter
30205
8/24/2012 9:48:00 AM
taholdeen
2012 F1, F2, F3 audit, & 2012 01 Fine:
Sent the following email to candidate:
Attached are copies of previously mailed notices with regards to campaign finance reports that have errors_ as well as a past
due fine
Please correct these reports as quickly as possible to avoid referral to the Florida Elections Commission. The Florida
Elections Commission can impose civil penalties of up to $1000 per violation
In addition, you have an outstanding fine from the late filing of the 2012 01 report. You had 20 days from the receipt of those
letters to either pay the fine, or submit an appeal. Since you have not responded to the letters, the matter is going to be
referred to the Florida Elections Commission, unless we receive payment in the next week
If you have questions or concerns, feel free to contact our Help Desk at (850) 245-6280
Thank you in advance for your immediate attention to these matters
29224
6/12/2012 10:22:00 AM
taholdeen
2012 01 Fine:
Mailed final notice w/delivery confirmation #03120860000134068514
29184
taholdeen
6/5/2012 5:47:00 PM
2012 01 Fine:
Sent the following email to candidate/treasurer at rdiazdelaportilla@hotmail com, and senatoradlp@gmail com:
Attached are copies of previously mailed notices with regards to the outstanding fine due for the late filing of the 2012 01
campaign finance report
Please handle this matter immediately_ to avoid referral to the Florida Elections Commission, as you are in violation of the
Florida Statutes
If you have further questions regarding this fine, please contact our Help Desk at (850) 245·6280 and feel free to ask for me
Thank you in advance for your immediate attention to this matter
28413
4/11/2012 5:31:00 PM
ljrandolph
RE: EFS Credentials
I received a authorization to release The Honorable Diaz de la Portilla credentials to his brother Mr Renier Diaz de la portilla
on 4/11/2012 Mr Renier called me and asked me did I get the email and I confirmed receiving it and gave him the credentials
that was requested
Page 1 of2
000023
7/26/2013
HISTORY NOTES
Alex Diaz de la Portilla - 55755
Unique ID
28405
Date Recorded
Last Edited Date
4/11/2012 10:45:00 AM
Orginally Recorded By
eanesmith
RE: Password and Pin #s
Spoke w/ Sen Diaz de la Portilla's brother Renier
He stated his brother never received his credentials to file the Q1 via EFS after he switched from the House to the Senate
I explained to him the account# and credentials remain the same eventhough he switched offices
The credentials were mailed on 2/17 and the ack letter for the redesignation was mailed on 3/19
Advised him to go to the Divisions website his he needed copies of the letters
He stated his brother was going to fax a request to have the credentials released over the phone b/c the Q1 is already one day
late
27956
3/9/2012 2:35:00 PM
lbelvin
RE: Switching office- Need DS-DE 9 form
786-239-2231
2:38
I called and left a message for Senator Diaz de la Portilla regarding the switching office letter that we received in our office
explained that he will need to submit another OS-DE 9 form, in addition to this letter, in order for our office to process this
change. I left my contact information for him to return my call if he has any questions
000024
Page 2 of2
7/26/2013
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• Out for Delivery, July 15, 2013, 8:31 am, MIAMI, FL 33125
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8/1/2013

FEC 13-225 Fabiola Diaz - Florida Elections Commission

Transcripción

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