It happened in 2004 and was remedied in 2005 -- MARC JACALONE gave illegal contributions to Republicans GEORGE W. BUSH, the Republicans of St. Johns County, as well as Republicans RANDY BRUNSON, KERRY McCARTHY, WILEY DECK and WILLIAM LENNON.
So I reckon birds of a feather do flock together, whether on Plazabum or otherwise.
See http://www.fec.state.fl.us/Final%20Orders/2005/140.pdf
STATE OF FLORIDA
FLORIDA ELECTIONS COMMISSION
Florida Elections Commission,Petitioner,
v.
Marc Jacalone,Respondent.
Agency Case No.: FEC 04-25004-280F.O.No.: DOSFEC 05-140Marc
CONSENT ORDER
The Respondent, Marc Jacalone, and the Florida Elections Commission (Commission)agree that this Consent Order resolves all of the issues between the parties in this case. Theparties jointly stipulate to the following facts, conclusions of law, and order:
FINDINGS OF FACT
1. The Respondent was an unsuccessful incumbent candidate for the St. JohnsCounty Commission, District 3, in the August 31, 2004 Primary Election.
2. Complainant, Clara A. Cowan, was a candidate for St. Johns County SchoolBoard in 2002 and is currently a resident of St. John's County.. Complainant Glen Tilley is aresident of St. John's County.
3. On January 24, 2005, the staff drafted a Statement of Findings recommending tothe Commission that there was probable cause to believe that The Florida Election Code was violated.
4. On March 4, 2005, the Commission entered an Order of Probable Cause findingthat there was probable cause to charge the Respondent with the following violations:Faa020 (11/04)
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Count 1: On or about May 11, 2004, Respondent violated Section104.071(l)(c), Florida Statutes, prohibiting a candidate or anyperson supporting a candidate, to aid the nomination or election ofsuch candidate from giving, paying, expending, or contributing anymoney or other thing of value to any other candidate when theRespondent made a $500 contribution from his campaign accountto his county political party
Count 2;On or about May 11, 2004, Respondent violated Section104,071(1 )(c), Florida Statutes, prohibiting a candidate or anyperson supporting a candidate, to aid the nomination or election ofsuch candidate from giving, paying, expending, or contributing anymoney or other thing of value to any other candidate when theRespondent made a $100 contribution from his campaign accountto Randy Branson, a candidate for the Airport Authority.
Count 3 On or about May 11, 2004, Respondent violated Section104 071(l)(c), Florida Statutes, prohibiting a candidate or anyperson supporting a candidate, to aid the nomination or election ofsuch candidate from giving, paying, expending, or contributing anymoney or other thing of value to any other candidate when theRespondent made a $100 contribution from his campaign funds to Wiley Deck, a candidate for the Florida House of Representatives.
Count 4:On or about May 11, 2004, Respondent violated Section104.071(1 )(c), Florida Statutes, prohibiting a candidate or anyperson supporting a candidate, to aid the nomination or election ofsuch candidate from giving, paying, expending, or contributing anymoney or other thing of value to any other candidate when theRespondent made a $100 contribution from his campaign funds toKerry McCarthy, a candidate for the Florida House ofRepresentatives.
Count 5:On or about July 30, 2004, Respondent violated Section104.071(l)(c), Florida Statutes, prohibiting a candidate or anyperson supporting a candidate, to aid the nomination or election ofsuch candidate from giving, paying, expending, or contributing anymoney or other thing of value to any other candidate when theFaa020 (11/04)
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Respondent made a $100 contribution from his campaign funds toWilliam Lennon, a candidate for the St Augustine CityCommission
Count 6:On or about July 30, 2004, Respondent violated Section104.071(1 )(c), Florida Statutes, prohibiting a candidate or anyperson supporting a candidate, to aid the nomination or election ofsuch candidate from giving, paying, expending, or contributing anymoney or other thing of value to any other candidate when theRespondent made a $500 contribution from his campaign funds tocandidates running for the offices of President and Vice-Presidentof the United States.
Count 7:On or about May 11,2004, Respondent violated Section 106.11(1),Florida Statutes, by using the campaign account for a purposeother than depositing contributions or making expenditures, whenRespondent made a $500 contribution from his campaign accountto his county political party.
Count 8:On or about May 11, 2004, Respondent violated Section 106 11(1),Florida Statutes, by using the campaign account for a purposeother than depositing contributions or making expenditures, whenRespondent made a $100 contribution from his campaign accountto Randy Branson, a candidate for the Airport Authority.
Count 9:On or about May 11,2004, Respondent violated Section 106.11(1),Florida Statutes, by using the campaign account for a purposeother than depositing contributions or making expenditures, whenRespondent made a $100 contribution from his campaign funds toWiley Deck, a candidate for the Florida House of Representatives.
Count 10:On or about May 11,2004, Respondent violated Section 106.11(1),Florida Statutes, by using the campaign account for a purposeother than depositing contributions or making expenditures, whenRespondent made a $100 contribution from his campaign accountto Kerry McCarthy, a candidate for the Florida House ofRepresentativesFaa020 (11/04)
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Count 11:On or about July 30, 2004, Respondent violated Section 106.11(1),Florida Statutes, by using the campaign account for a purposeother than depositing contributions or making expenditures, whenRespondent made a $100 contribution from his campaign funds toWilliam Lennon, a candidate for the St. Augustine CityCommission
Count 12:On or about July 30, 2004, Respondent violated Section 106.11(1),Florida Statutes, by using the campaign account for a purposeother than depositing contributions or making expenditures, when Respondent made a $100 contribution from his campaign funds tocandidates running for the offices of President and Vice-Presidentof the United States.
Count 13:On or about May 11, 2004, Respondent violated Section106.19(l)(d), Florida Statutes, when the Respondent made anexpenditure in violation of Chapter 106, Florida Statutes, by usingfunds on deposit in his campaign account to make a $500contribution to his county political party
Count 14:On or about May 11, 2004, Respondent violated Section106.19(l)(d), Florida Statutes, when the Respondent made anexpenditure in violation of Chapter 106, Florida Statutes, by usingfunds on deposit in his campaign account to make a $100contribution to Randy Brunson, a candidate for the AirportAuthority
Count 15:On or about May 11, 2004, Respondent violated Section106.19(l)(d), Florida Statutes, when the Respondent made anexpenditure in violation of Chapter 106, Florida Statutes, by usingfunds on deposit in his campaign account to make a $100contribution to Wiley Deck, a candidate for the Florida House ofRepresentatives
Count 16:On or about July 30, 2004, Respondent violated Section106.19(l)(d), Florida Statutes, when the Respondent made anFaa020 (11/04)
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expenditure in violation of Chapter 106, Florida Statutes, by usingfunds on deposit in his campaign account to make a $100 contribution to Kerry McCarthy, a candidate for the Florida Houseof Representatives.
Count 17;On or about July 30, 2004, Respondent violated Section106.19(l)(d), Florida Statutes, when the Respondent made anexpenditure in violation of Chapter 106, Florida Statutes, by usingfunds on deposit in his campaign account to make a $100contribution to William Lennon, a candidate for the St. AugustineCity Commission
Count 18: On or about May 11, 2004, Respondent violated Section106.19(l)(d), Florida Statutes, when the Respondent made anexpenditure in violation of Chapter 106, Florida Statutes, by usingfunds on deposit in his campaign account to make a $100contribution to candidates running for the offices of President andVice-President of the United States
5 On March 7, 2004, the Respondent was served by certified mail with a copy ofthe Order of Probable Cause.
6. The Respondent requested a hearing before the Commission within 30 days ofreceiving the Order of Probable Cause.
7. The Respondent and the staff stipulate to the following facts:A. Between May 11, 2004 and July 30, 2004, Respondentmade six contributions to candidates running for public usingcampaign funds listed in the following table:
DateFull Name,Street Address & City,State, Zip CodePurpose(add office sought ifcontribution to acandidate)ExpendituresTypeAmendmentAmount
5/11/04St John's County(political paity) ExecutiveCommittee301 Royal St Aug HwySt Aug , FL 32084Political DonationMon$500 00Faa020 (11/04)
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5/11/04Randy Brunson foe Airport Authority82 Coméis AveSt.. Aug., FL 32084Political DonationMon$100.00
5/11/04 Wiley Deck for State Rep(20)3080 N Ponce de LeonSt.. Aug, FL 32084Political DonationMon$100 00
5/11/04Keiry McCarthy for StateRep (20)3520 Redbud TrailSt.. Aug, FL 32084Political DonationMon$100 00
7/30/04William Lennon foi CityCommission27 Dolphin DriveSt Aug, FL 32084Political ContributionMon$100 00
7/30/04Major Political PartyPresidential CampaignPolitical ContributionMon$100 00B.
Respondent made the six contributions with a check drawnon Respondent's campaign account Section 106.11(1), FloridaStatutes, prohibits the use of a campaign account for anythingexcept depositing contributions and making expenditures on thatcandidate's campaignC. Respondent is not a first-time candidate Respondent wasinitially elected to the St. Johns County Commission in 1996Respondent was re-elected in 2000 and was the incumbentcandidate when he was defeated in the August 31, 2004 PrimaryElection.
D. The St. John's County Supervisor of Elections Officeprovided Respondent with the following information when hequalified as a candidate on July 13,2004:1. Notice of Late Filing of Campaign Treasurer's Reports;2 Notice of False or Malicious Charges;
3. Willful violations;
4 Notice of Usage and Removal of Political CampaignAdvertisements;The actual name and address of the candidate receiving the contribution was properly reported on Respondent'sCTRFaa020 (11/04)
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5. Supervisor of Elections Web Page Link information,
6. 2004 Election Cycle Calendar of Reporting Dates, and
7 2004 Campaign Finance Legislative Changes PoliticalAdvertisements DisclaimersE Respondent executed Statement of Candidate formsacknowledging that he had received, read, and understood therequirements of Chapter 106, Florida Statutes, on April 1, 1996,February 22, 2000, and January 29, 2004, Respondent hasacknowledged receiving and reading a copy of Chapter 104,Florida Statutes. Additionally, Respondent received and read the2004 Candidate and Campaign Treasurer Handbook published bythe Division of Elections
CONCLUSIONS OF LAW8
The Commission has jurisdiction over the parties to and subject matter of thiscause, pursuant to Section 106 26, Florida Statutes9. The Commission staff and the Respondent stipulate that the facts set forth inparagraph seven of this Consent Order constitute willful2 violations of Sections 104 071(1 )(c),106 11(1), and 106.19(l)(d), Florida StatutesORDER10. The Respondent and the staff of the Commission have entered into this ConsentOrder voluntarily and upon advice of counselThe Respondent shall bear his own attorney fees and costs that are in any way associated withthis case.
11. The Respondent understands that before the Consent Order becomes final agency§106 37, Fla Stat, provides that a person willfully violates Ch 106, Fla Stat :If the person commits an act while knowing that, or showing reckless disregard for whether, theact is prohibited or does not commit an act while knowing that, or showing reckless disregardfor whether the act is required A person knows that an act is prohibited or required if theperson is aware of the provision which prohibits or required the act, understands the meaningofthat provision, and performs the act that is prohibited or fails to perform the act that is requiredA person shows reckless disregard for whether an act is prohibited or required under this chapter ifFaa020 (11/04)
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action, the Commission must approve it at a public meeting. After approval, the Consent Orderconstitutes final agency action of the Commission on the violations listed in the Order ofProbable Cause.
12 The Respondent voluntarily waives the right to any further proceedings underChapters 104,106, and 120, Florida Statutes, and the right to appeal the Consent Order.
13. This Consent Order is enforceable under Sections 106 265 and 120.69, FloridaStatutes. The Respondent expressly waives any venue privileges and agrees that if enforcementof this Consent Order is necessary, venue shall be in Leon County, Florida, and Respondent shallbe responsible for all fees and costs associated with enforcement.
14 If the Commission does not receive the signed Consent Order along with acashier's check, bank check or attorney's trust account check for the agreed upon penalty by theclose of business on May 17, 2005 at 5:00 pm., the staff will withdraw this offer of settlementand will proceed with the informal hearing scheduled for May 19,2005 at 1 00 p.m.
PENALTY
WHEREFORE, based upon the foregoing facts and conclusions of law, the Commissionfinds that the Respondent has violated the following provisions of Chapter 106, Florida Statutes,and imposes the following fines:
A. Respondent has violated Section 104.071(l)(c), Florida Statutes, on sixoccasions for using campaign funds to make contributions to other candidates for electedoffice. Respondent is fined a total of $2500 for the six violations.
B. Respondent has violated Sections 106 11(1), Florida Statutes, on sixoccasions for using his campaign account for a purpose other than depositingthe person wholly disregards the law without making any reasonable effort to determine whetherthe act would constitute a violationFaa020 (11/04)
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contributions or making expenditures in connection with Respondent's campaignRespondent is fined a total of $2500 for the six violations
C Respondent has violated Sections 106.19(l)(d), Florida Statutes, on sixoccasions for making an expenditure prohibited by Chapter 106. Respondent is fined atotal of $2500 for the six violations.
Therefore it is,ORDERED that the Respondent shall remit to the Commission a civil penalty in theamount of $7500, inclusive of fees and costs. The civil penalty shall be paid to the FloridaElections Commission, 107 W. Gaines Street, Collins Building, Suite 224, Tallahassee, Florida,32399-1050The Respondent hereby agrees and consents to the terms of this Consent Order on2005.Marc Jacalone - RespondentCEsq.28 Cordova StreetSt. Augustine, FL 32084Attorney for Respondent, Marc JacaloneThe Commission staff hereby agrees and consents to the terms of this Consent Order on2005.Faa020 (11/04)
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Eric M. LipmanAssistant General CounselFlorida Elections Commission107 W. Gaines StreetsCollins Building, Suite 224Tallahassee, FL 32399-1050Approved by the Florida Elections Commission at its regularly scheduled meeting heldon May 19 & 20, 2005 at Tallahassee, Florida and filed with the Clerk of the Commission on I nxM. ^ , 2005, in Tallahassee, Florida.Chance Irvine, ChairmanFlorida Elections Commission107 W.Gaines StreetsCollins Building, Suite 224Tallahassee, FL 32399-1050Copies furnished to: Eric M. Lipman, Assistant General CounselMarc Jacalone, RespondentR.J. Larizza, Attorney for RespondentGlen Tilley, Complainant (FEC 04-250)Clara Cowan, Complainant (FEC 04-280)St. John's County Supervisor of Elections, Filing OfficerFaa020 (11/04) |Q
http://www.fec.state.fl.us/Final%20Orders/2005/140.pdf
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