Florida Elections Commission - Home · "Tony Rosado" Show Details 1 Attachment Hearing Request-6-13-20 12-I ony Rosado doc Jim Gleason ICMA-CM City Manager City of Mascotte 100 East

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

In Re: Tony Rosado Case No,,: FEC 11-244

-----------------------------, NOTICE OF INFORMAL HEARING, PURSUANT TO § 120.57(2), F.S.

TO: Tony Rosado .. 5018WhisperingWing

Mascotte, FL 34753

Stephen Elmore 232 Boca Ciega Road Mascotte, FL 34753

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thereafter as .. ... ....... .. • ElectJonsGOffiii:i~ss~on·wJ!.ldeclde whether Respondent violated" Election co1r~iii!"[;h::uged in .the Order of Probable Cau.se The at: Senate OfliceBu,ilij,i!1:g;.404 South Monroe Street, Room TBA (CiIW85il)"~1,22-4:i.39J.ioJlt" Novemb.er 13, 2012"t~'v,~r!i~y Room Number), Tallahass.ee, Florida. 323Q9-6526.

Pursuant to Section 10625(5), Florida Statutes, within thirty days after the date of the filing of the(;Ommi~sion's allegation, you had the 0PRortunity to elect for a formal heming. However, you Jiailed.!-t<i}![dq!!§o,andbecause there is no issue <i}f.material fact, thejJ!jstant case will be resolved in an informal 'hearing .. Respondent and staff sha11. each have the oppOitunity to briefly present their case to theqonimissi9J!l.H~ailure to appemjnaccordance with this notice will constitute a waiver of YOUl rightto.a"liearrD:g,and the. CommiSSion will decide this case. on the record before it. Convenience!of'location.jsnot a basisfqrcontinuing or postponing the scheduled heming. See r!evers~ sidefQr.:addifibnal instructi()n.s:: .

If you require an accommodation due to a disability, contact Donna Ann Malphurs, Commission Clerk, at (850) 922-4539 or by mail at 107 West Gaines Street, The Collins Building, Suite 224, Tallahassee, FlOlida 32399, at least 5 days before the hearing.

PLEASE GOVERN YOURSELF ACCORDINGLY.

Dated on October ~, 2012.

Eric M Lipman Interim Executive Director

Hea035 (12/07)

INSTRUCTIONS FOR INFORMAL HEARING

An informal hearing is a hearing in which the Respondent does not dispute issues of material fact upon which the determination of probable cause is based At the informal hearing, the Florida Elections Commission will decide whether Respondent violated those sections of The Florida Election Code charged in the Order of Probable Cause, whether to impose a fine, and the amount of the fine At the informal hearing, Respondent must admit to the facts set forth in the Staff Recommendation

The hearing will be conducted pursuant Sections 120569 and 12057(2), Florida Statutes; Chapter 28, Florida Administrative Code, the Uniform Rules of Procedures; and Commission Rule 2B-1 004, Florida Administrative Code ..

The Commission will electronically record the meeting.. Although the Commission's recording is considered the official record of the hearing, the:Respondentmay, at his own expense, provide a certified court reporter to also record the hearing ..

Before the hearing, the Commission will review the .Order ·of Prohable Cause, the Staff Recommendation, and all the written documents· filed by the parties with the Commission Clerk at least ten days before the hearing. If Respondent introduces any. documents at the hearing, he or she should bring the OIiginal, if available, and a copy for each of the nine Commissioners and the staff attorney

When the case is called, the Chair will,read a brief statement and may ask the: Respondent and his attorney, if one is present, :tostate theirnamesAoI.the record. The Respondent wilJ. be sworn in prior to giving testimony: ... Staff wiUthen presen~ its case to the Commission Either party may reserve part of his time to respol)d to tlie .other patty's. presentatiOn. .

After staff's prese!i:tation,R~spondent will have the opportunity to present his caSe Respondent should explain why.the fabts:intheStaJf Recommendations do not support the violations charged in the Order of Probable. Cause At the request of Respondent, the Commission will consider and determine willfulness at the informal hearing Because the hearing is informal, the Respondent shouldnot argue that the facts in the Staff Recommendations are untrue.

Responde~t mayalsQ .argue:~eappropriatefinethatthe Comlllissionshould impose if violations are found. IfResponddit;slaims i~a)~is limit~.dlesour6i§~.makeHip1':Bnable;fo.!g:lY thesta~tory fine, he must provide the Commissiom,with\:viitten proof:;:ofhis:fillancial:res~Uic~s '::1~!I::financlal affidavit form is available from the Co.mm:issidn:·Clerk " ....,;::!:;;:!: ::i::.!;:.. . . ' ..

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In seven to ten days after the Commission meeting, the Commission will send to Respondent a written order reflecting the Commission's decision If the Commission does not find a violation, the case will be dismissed If the Commission finds a violation and imposes a fine, Respondent will have 30 days to pay the fine ..

If you have any questions about the procedur es for the hearing or to request a copy of the financial affidavit form, please contact Donna Ann Malphurs at 107 W. Gaines Street Collins Building, Suite 224, Tallahassee, FL 32399-1050, phone number: (850) 922-4539, and fax number: (850) 921-078.3.

Hea035 (12/07)

I

CASE NAME: FEC vs. Tony Rosado

CASE NUMBER(S): FEC No. 11-244 DOAH No.

INVESTIGATOR: Keith Smith

ATTORNEY FOR FEC: Eric Lipman

OPPOSING ATTORNEY & PHONE NUMBE::,:.;R;:.: ......,.,.,...,.

Respondent with a copy of his request for

Mr. Rosado,

FEC 11-244- Request for Formal Hearing Florida Elections Commission to: Tony Rosado Sent by: Donna Malphurs

06/13/2012 02:19PM

I replied to your email via Mr. Gleason and then realized that there was a separate email address for you. Therefore, I am forwarding my email response to you for your records.

-----Forwarded by Donna Malphurs/OAG on 06/13/2012 02:17PM-----

Re: [ifu

Florida Elections Commission to: Jim Gleason 06/13/201212:44 PM

Sent by: Donna Malphurs

Dear Mr.. Rosado (c/o of Mr.. Gleason),

We are in receipt of your request for a formal hearing. You will be notified at the appropriate time when the case has been referred to the Division of Administrative Hearings

Sincerely,

Donna Ann Malphurs Agency Clerk

"Jim Gleason"

~ ; Jim Gleason to: fee

Cc: "Tony Rosado"

Jim Gleason

From: "Jim Gleason" <Jim .Gieason@cityofmascotte .com>

To: <fec@myfloridalegal com>

06/13/2012 12:14:09 PM

06/13/201212:14 PM

Cc: "Tony Rosado" <[email protected]> ----~~-----------------------------------------

Jim Gleason ICMA-CM City Manager

City of Mascotte 100 East Myers Blvd Mascotte, FL 34753 352-429-3341-ex:10 Fax:352-429-3345 jim [email protected]

( .,

'

"Few will have the greatness to bend history itself, but each of us can work to change a small portion of events. It is from numberless diverse acts of courage and belief that human history is shaped. Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring those ripples build a current which can sweep down the mightiest walls of oppression and resistance." - Robert F. Kennedy

Under Florida law, e-mail addresses are public records .. If you do not want your email address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing ..

[attachment "Hearing Request-6-13-2012-Tony Rosado doc" deleted by Donna Malphurs/OAG]

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Re: liiil Florida Elections Commission to: Jim Gleason Sent by: Donna Malphurs

From: Florida Elections Commission/OAG To: "Jim Gleason" <[email protected]>

Dear Mr. Rosado (c/o of Mr. Gleason),

06/13/2012 12:44 PM

We are in receipt of your request for a formal hearing., You will be notified at the appropriate time when the case has been referred to the Division of Administrative Hearings

Sincerely,

Donna Ann Malphurs Agency Clerk

"Jim Gleason"

~ ; Jim Gleason to: fee

Cc: "Tony Rosado"

From: "Jim Gleason" <Jim Gleason@cityofmascotte com>

To: <fec@myfloridalegal com>

Cc: "Tony Rosado" <Tony,[email protected]>

Jim Gleason ICMA-CM City Manager City of Mascotte 100 East Myers Blvd Mascotte, FL 34753 352-429-3341-ex:10 Fax:352-429-3345 jim gleason@cityofmascotte com

·---

0611312012 J:a4 PM

"Few will have the greatness to bend history itself, but each of us can work to change a small portion of events. It is from numberless diverse acts of courage and belief that human history is shaped. Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring those ripples build a current which can sweep down the

~

I

mightiest walls of oppression and resistance." -Robert F. Kennedy

Under Florida law, e-mail addresses are public records .. If you do not want your email address released in response to a public-records request, do not send electronic mail to this entity.. Instead, contact this office by phone or in writing ..

/' I

[attachment "Hearing Request-6-13-2012-Tony Rosado doc" deleted by Donna Malphurs/OAG)

Jim Gleason to: fee

(

06/13/2012 12:14 PM Cc: "Tony Rosado" Show Details

1 Attachment

Hearing Request-6-13-20 12- I ony Rosado doc

Jim Gleason ICMA-CM City Manager City of Mascotte 100 East Myers Blvd Mascotte, FL 34753 352-429-3341-ex:10 Fax:352-429-3345 jim .gleason@cityofmascotte. com

Page 1 of 1

I c

"Few will have the greatness to bend history itself, but each of us can work to change a small portion of events. It is fr·om numberless diverse acts of courage and beliefthat human history is shaped. Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other fr·om a million different centers of energy and daring those ripples build a current which can sweep down the mightiest walls of oppression and resistance." - Robert F. Kennedy

Under Florida law, e-mail addresses are public records .. If you do not want your email address released in response to a public-records request, do not send electronic mail to this entity .. Instead, contact this office by phone or in writing ..

file://C:\Users\Ma1phursd\AppData\Loca1\ I emp\notesFCBCEE\ -web8137 htm 6/13/2012

(

Rosado"

This message has been replied to.

Jim Gleason ICMA-CM City Manager City of Mascotte 100 East Myers Blvd Mascotte, FL 34753 352-429-3341-ex: 10 Fax:352-429-3345 jim gleason@cityofmascotte com

06/13/201212:14 PM

"Few will have the greatness to bend history itself, but each of us can work to change a small portion of events. It is from numberless diverse acts of courage and belief that human history is shaped. Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring those ripples build a current which can sweep down the mightiest walls of oppression and resistance." - Robert F. Kennedy

Under Florida law, e-mail addresses are public records .. If you do not want your email address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

Hearing Request-6-13-2012-Tony Rosado doc

(

Tony Rosado 625 Pear Street

Mascotte, Florida 34753 352-434-1858

Tony Rosado@cityofmascotte com

June 13, 2012

Mr Eric Lipman Donna Malphurs Florida Elections Commission Cabinet Meeting Room, Room LL 03, 400 S Monroe St Tallahassee, FL 32399 850-921-0783

Case Number: FEC11-244

Mr Eric Lipman and or Donna Malphurs:

/

l

I received your letter concerning the commission's decision on Case Number: FEC11-244 I am disappointed in the determination that an "Election Violation" occurred This letter will serve as my formal request for an Appeals Hearing and the right to Subpoena witnesses for testimony I understand your office will schedule a hearing date and time in Central Florida I look forward to your confirmation of the hearing date and time and the opportunity to state my case concerning this matter

Sincerely,

Mayor Tony Rosado City of Mascotte Florida

•

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PS Form 3800, Junc2002 Sec Reverse for Instructions

FLORIDA ELECTIONS COMMISSION 107 W. Gaines Street

Collins Building, Suite 224 Tallahassee, Florida 32399-1050

(850) 922-4539

CERTIFIED MAIL: 700411600004918664542

Tony Rosado 625 Pearl Street Mascotte, Florida 34753

RE: Case No.: FEC 11-244

Dear Mr.. Rosado:

The Florida Elections Commission at its last regularly scheduled meeting considered this case and issued the order that is enclosed with this letter Please read the order cmefully. As the Respondent, you me entitled to a heming. The Order of Probable Cause will explain in detail how you obtain a heming.

If you prefer to enter into a consent order, please contact our office at the telephone number or address listed above and we will attempt to reach an agreement with you

Since the Commission has determined probable cause, Section 106.25, Florida Statutes, provides that all investigative reports and other documents related to this case me no longer confidentiaL

Please let me know if you have any questions.

Sincerely,

Cit~ &.b/t?AO Executive Director

Enclosures: Order of Probable Cause and Staff Recommendation

cc: Stephen Elmore, Complainant w/ enclosures

P _ C003 (5/08)


Florida Elections Commission, Petitioner,

i"'l ' !~" ' . ( : : .

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v. a

Agency Case No.: FEC 11-244

Tony Rosado, Respondent.

----------------------------------' ORDER OF PROBABLE CAUSE

'/. --, . ,, ' !i

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THIS CAUSE came on to be heard before the Florida Elections Commission at its

meeting held on May 8, 2012, in Tallahassee, Florida

The Commission has reviewed the Complaint, Report of Investigation, Staff

Recommendation, all documents submitted by the Respondent, any relevant documents, and

considered all oral statements made at the probable cause hearing Based on the facts set forth in

the Staff Recommendation, which is incorporated herein and attached to this order, the

Commission finds that there is probable cause that Respondent committed one count of violating

Chapter 106, Florida Statutes:

Count 1:

Between August 2011 and October 5, 2011, Respondent violated Section 104 071 (1 )(c), Florida Statutes, by giving, paying, expending, or contributing money or other thing of value to another candidate, when Respondent included supporting Cody Carmichael for the Mascotte City Council.

DONE AND ORDERED by the Florida Elections Commission on May f ~012

Tim Holladay, Chairman Florida Elections Commiss on

As the Respondent, you may elect to resolve this case in several ways.. Fiist, 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 appwvaL I o discuss a consent order, contact the attomey who signed the Staff Recommendation attached to the Order of Probable Cause ..

Second, you may request an informal hearing held before the Commission, ifyou do not dispute any material fact in the Staff Recommendation You have 30 days from the date of the Order of Probable Cause to request such a hearing. At the hearing, you will have the right to make written or oral arguments to the Commission conceming the legal issues related to the violations and the potential fine.. At the request of Respondent, the Commission will consider and determine willfulness at an informal hearing .. Otherwise, live witness testimony is unnecessary

Third, you may request a formal hearing held before an administrative law judge in the Division of Administrative Hearings (DOAH), if you dispute any material fact in the Staff Recommendation .. You have 30 days from the date of the Order of Probable Cause to request such a hearing. At the hearing, you will have the right to present evidence relevant to the violation(s) listed in this order, to cross-examine opposing witnesses, to impeach any witness, and to rebut the evidence presented against you

If you do not elect to resolve the case by consent order or request a formal hearing at the DOAH or an informal hearing before the Commission within 30 days of the date of this Order of Probable Cause, the case will be sent to the Commission and you will be entitled to a formal or informal hearing ..

To request a hearing, please send a written request to the Commission Clerk, Donna Ann Malphurs.. The address of the Commission Clerk is I 07 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

Copies fi.!mished to:

Eric M. Lipman, General Counsel Tony Rosado, Respondent (certified mail) Stephen Elmore, Complainant Michelle Hawkins, City Clerk, City of Mascotte

Attachment: Staff Recommendation

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In Re: Tony Rosado

' I


Case No.: FEC 11-244

·--~/

STAFF RECOMMENDATION FOLLOWING INVESTIGATION

PUisuant to section !0625(4)(c), Florida Statutes, undersigned staff counsel files this Wiitten recommendation for disposition of the complaint in this case recommending that there is probable cause to charge Respondent with violating Section 104 .. 07(1), Florida Statutes Based upon a thorough review of the Repmt of Investigation submitted on February 27, 2012, the following facts and law support this staff recommendation:

I. On October 18, 2011, the Florida Elections Commission ("Commission") received a sworn complaint from Stephen Elmore ("Complainant"), alleging that Tony Rosado ("Respondent") violated Chapter I 06, Florida Statutes

2 By letter dated November 22, 2011, the Executive Director notified Respondent that staff would investigate an alleged violation of the following statutory provision:

Section 104.071(1)(c), Florida Statutes: Tony Rosado, city councilman and mayoral candidate for Mascotte, Florida, gave, paid, expended, or contributed money or anything of value for the fUitherance of the candidacy of another candidate, as alleged in the complaint

3 Respondent was elected the Mayor dUiing the November 8, 2011 municipal election.. Prior to running for Mayor, Respondent was elected to the Mascotte City Council, Seat 21 (ROI Exhibit 1 i Respondent filed his Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates form (DS-DE 9) for Mayor on or about August 15,2011 (ROI Exhibit I)

4 In August 2011, Respondent received a candidate qualifying packet which included a Candidate and Campaign Treasurer Handbook published by the Division of Elections ("Division") (ROI Exhibit I 0) Respondent also received a copy of Chapter 104, Florida Statutes, which he read. (ROI Exhibits 7 & I 0)

5. Complainant alleged that Respondent ran an advertisement suppmting Cody Carmichael for City Council on Respondent's website

1 Seat 3 on the Mascotte City Council is designated as the Mayor Respondent resigned his position on the city council (Seat 2) to run for the Mayor, or Seat 3 2 The Report of Investigation shall be refened herein as "ROL"

Staff Recommendation FEC 11··244

( ' 1.

6. Respondent had a campaign website, www.tony:rosado .net (ROI Exhibits 4 & 5) Respondent listed two expenditmes to WEBvelations for "website" on his campaign :reports. The first expenditure was for $247 on August 5, 2011 Respondent reported making the second expenditure on September 30, 20 II, for $200 .. (ROI Exhibit 4) 3

7. One of the web pages on the website was labeled "CODY CARMICHAEL FOR CITY COUNCIL" On the left of the webpage, the following appeared:

Cody Carmichael for City Council

Cody is running against Councilman Elmore[ .. ] Cody is a young man with drive and fresh ideas I have been very impressed by the things he wants to bring to the City of Mascotte4

(RO I Exhibit 2)

8 Under Respondent's words is the following that appears to be written by Cody Carmichael:

(I d)

My name is Cody Carmichael, I am 19 years old, and I am running for seat 5 of the city council for Mascotte I am running because I would like to see the city out of the financial tmmoil it has gotten into The main points that I am stressing are community, growth, and youth I want to be a strong part of the community, and then listen to the options and opinions of the citizens I also feel that its's time for a change in the counciL I feel that me being a young man, I can bring new fiesh ideas to the city, that may help bring it out of the turmoil that it is in Something needs to change, so that the city can be in a stable financial point I am a volunteer with Teen's Save, and I am a firm believer in volunteering, you should always help your neighbor

9 Respondent claimed the portion of his website relating to Mr Carmichael was just information, but he did not remember when the material related to Mr Carmichael was added to the website When Respondent was asked if he considered displaying information about the

J Gayle Jones from WEBvelations reported Respondent made two payments for the website A $247 check on August 6, 2011, and a $209 cash payment on September 23, 20 II (ROI Exhibit 5)

4 Respondent did not charge Mr Carmichael for his support tluough Respondent's website (ROI Exhibit 7)

Staff Recommendation FEC 11-244 2

(

other candidates seeking office on his website, he responded, "Yes [b)ut was told I could not " Respondent added that he took the information offhis website on October 5, 2011, when he was told "it was wrong" (ROI Exhibit 7)

Section 104 071, Florida Statutes provides:

( 1) It is unlawful for any person suppotting a candidate, or for any candidate, in orde1 to aid 01 promote the nomination 01 election of such candidate in any election, di1ectly 01 indirectly to:

* * * * *

(c) Give, pay, expend, 01 contribute any money 01 thing of value for the fmtherance of the candidacy of any othe1 candidate

10 It appears that Respondent's suppott fo1 Mr. Carmichael's candidacy, and placing favotable info1mation about M1 Carmichael on Respondent's website was something of value fo1 the futtherance of M1 Carmichael's candidacy, and is a violation of Section 104 .. 07l(l)(c), Florida Statutes

1 L "Probable cause" is defined as reasonable gtound of susprcwn supported by circumstances sufficiently st10ng to wanant a cautious person in the belief that the person has committed the ommse charged Schmitt v State, 590 So2d 404, 409 (Fla. 1991} Probable cause exists where the facts and circumstances, of which an [investigator) has reasonably trustwmthy information, ate sufficient in themselves for a reasonable man to reach the conclusion that an offense has been committed Dept of Highway Safety and Motor Vehicles v. Favino, 667 So2d 305,309 (Fla .. 1'1DCA 1995)

12. The facts set forth above show that Respondent was a candidate for the Mascotte City Counsel, Seat 3, in the November 11, 2011 Municipal Election. When Respondent filed his DS-DE 9 form with the filing officer, he received a Candidate Handbook and a CD disc containing Chapter 104, Florida Statutes.. As part of his campaign, Respondent paid for the website www.tonyrosado net Outing the time Respondent's campaign website was up and running, one of his web-pages was entitled "CODY CARMICHAEL FOR CITY COUNCIL" This page of Respondent's website contained information that was favorable to, and encouraged voters to support, Cody Carmichael, who was mnning for a different seat on the City Council Respondent removed this information on October 5, 2011

Based upon the foregoing, I recommend that the Commission find no probable cause that Respondent committed the following violation"

Staff Recommendation FEC JJ .. 244 3

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Count 1:

Between August 2011 and October 5, 2011, Respondent violated Section 1 04 071 (1 )(c), Florida Statutes, by giving, paying, expending, or contributing money or other thing of value to another candidate, when Respondent included supporting Cody Carmichael for the Mascotte City Council

Respectfully submitted on March 20, 2011,

Eric M. Lipman Assistant General Counsel

1 Sf I reviewed this Staff Recommendation this _o<_l_day of March, 2011

Executive Direc r

Staff Recommendation FEC 11 .. 244 4


In Re: Tony Rosado, Respondent. Case No.: FEC 11-244

------------------------------~'

Dated on April

Hea012 (8/08)

NOTICE OF PROBABLE CAUSE HEARING

ierei:)J'ter· as the parties he,ly:d,\wlhetlher· there is

Code.. The

to the

, a waiver · r.ecord before it

in:~:t,~i i>c>stJ:>ohlng. the hearing Please note that en masse by the

:;!r· c011ta•~t Dorina Malphnrs, Florida

:~aine:s Stree(" The Collins Building,

Rosanna Catalano Executive Director

Inv066

Date of Event

FLORIDA ELECTIONS COMMis::,_.(.)N Tony Rosado-- FEC 11-244

Event Comment

N/A Respondent signed Statement of Candidate N/A (Ch .. 104 issue)

08/15/11 Filed DS-DE-9 (App .. of Treasurer & Depository) Randy Brasher

10/12/11 Complainant swore out complaint First complaint filed by C

10/18/11 FEC received complaint

ll/22/11 Notification letter mailed to Respondent

11125/11 Respondent signed for notification letter

01109112 Respondent filed written response to complaint

01125/12 Questionnaire mailed to Respondent

02/24/12 Respondent filed response to questionnaire

11108/11 Election Date Elected

Description Comment

Complainant Stephen Elmore

Sections Cited 104 .. 07l(l)(c), FS

Filing Officer Michele Hawkins- City of Mascotte City Clerk

Relevant CIRs and Dates N/ A

Description Comment

FEC Case Number N/A

Complainant /Date complaint swom/filed N/ A

Sections Cited N/ A

Date of Alleged Wrongdoing N/ A

Date Respondent signed for notification letter N/ A

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SENDER: COMPLETE THIS SECTION

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• Print your nam~nd address on the reverse so that we can turn the card to you.

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107 W .. Gaines Street, Suite 224 Collins Building

Tallahassee, Florida 32399·· 1050 Telephone: (850) 922-4539

Fax: (850) 921-0783

March 21,2012

CERTIFIED MAIL 7004 2510 0001 4740 2911

The Honorable Tony Rosado 625 Pear I Street Mascotte, Florida 34753


Dear Mr.. Rosado:

The Commission staff has completed its investigation of the complaint filed against you on October 18, 2011, and is recommending the Commission find probable cause to charge you with violating Florida's election laws. As required by section 10625, Florida Statutes, you are being provided with a copy of the Staff Recommendation If you choose to file a response to the recommendation, you must file your response with the Commission within 14 days from the date of this letter.. If you timely file a response to the staff recommendation, the Commission will consider your response when determining probable cause

At its meeting scheduled for May 8, 2012, the Commission will hold a hearing to determine whether there is probable cause to charge you with violating Chapter I 04 or I 06, 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 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 permitted to testify or call others to testify, or introduce any documentary or other evidence

The Notice of Hearing will be mailed to the same address as this letter.. Therefore, if your address changes, you must notify the Commission of your new address Otherwise, you may not receive the correspondence fiom the Commission staff Failure to receive the documents will not delay the probable cause hearing.

Sofl 00 (I 108)

Unless you have waived your privilege of confidentiality, please remember that the Staff Recommendation and all other documents related to the complaint filed against you me confidential until the Commission finds probable cause or no pwbable cause, 01 unless you waive confidentiality in Wiiting If you retain counsel, your attorney must file a notice of appearance with the Commission before any member of the Commission staff can discuss this case with him or her

After reviewing the Staff Recommendation, if you desire to enter negotiations directed towards reaching a settlement via consent agreement, please notify us in writing

If you have any questions or need additional information, please contact Donna Malphurs, Commission Clerk, at extension 102

{~~-~) Enclosure: Staff Recommendation

<cc: Attorney for Respondent, w/enclosures

ComO!! (11/07)

Rosanna Catalano Executive Director


In Re: Tony Rosado Case No.: FEC 11-244 ___________ !

STAFF RECOMMENDATION FOLLOWING INVESTIGATION

Pwsuant to section 106 25(4)(c), Floiida Statutes, undersigned staff counsel files this Wiitten recommendation f(ll disposition of the complaint in this case recommending that there is pr·obable cause to charge Respondent with violating Section 104.07(1), Florida Statutes Based upon a thorough review of the Report of Investigation submitted on February 27, 2012, the following facts and law support this staffrecommendation:

1 On October 18, 20 11, the Florida Elections Commission ("Commission") received a sworn complaint from Stephen Elmore ("Complainant"), alleging that Tony Rosado ("Respondent") violated Chapter 1 06, Florida Statutes


Section 104,071(1)(c), Florida Statutes: Tony Rosado, city councilman and maym a! candidate for Mascotte, Florida, gave, paid, expended, 01 contributed money or anything ofvalue for the furtherance of the candidacy of another candidate, as alleged in the complaint

3 Respondent was elected the Mayor during the November 8, 2011 municipal election. Prior to running for Mayor, Respondent was elected to the Mascotte City Council, Seat 2 I (ROI Exhibit 1 i Respondent filed his Appointment of Campaign I reaswer and Designation of Campaign Depository for Candidates form (DS-DE 9) for Mayor on or about August 15,2011 (ROI Exhibit 1)

4 In August 2011, Respondent received a candidate qualifying packet which included a Candidate and Campaign Treasurer Handbook published by the Division of Elections ("Division"). (ROI Exhibit 10) Respondent also received a copy of Chapter 104, Florida Statutes, which he read (ROI Exhibits 7 & 1 0)

5 .. Complainant alleged that Respondent ran an advertisement supporting Cody Carmichael fm City Council on Respondent's website

I Seat 3 on the Mascotte City Council is designated as the Mayor Respondent resigned his position on the city council (Seat 2) to run for the Mayor, or Seat 3 2

The Report of Investigation shall be referred herein as "ROI"


6. Respondent had a campaign website, www.tonyrosado .. net (ROI Exhibits 4 & 5) Respondent listed two expenditures to WEBvelations for "website" on his campaign repmts. The fiist expenditme was for $247 on August 5, 201 L Respondent repmted making the second expenditme on September 30, 2011, for $200. (ROI Exhibit 4) 3

7 One of the web pages on the website was labeled "CODY CARMICHAEL FOR CITY COUNCIL " On the left ofthe webpage, the following appeared:


Cody is running against Councilman Elmore[] Cody is a young man with drive and fresh ideas I have been very impressed by the things he wants to bring to the City of Mascotte4

(ROI Exhibit 2)

8 Under Respondent's wmds is the following that appears to be written by Cody Carmichael:

(Id)

My name is Cody Carmichael, I am 19 years old, and I am running for seat 5 of the city council for Mascotte. I am running because I would like to see the city out of the financial tmmoil it has gotten into.. The main points that I am stressing are community, giowth, and youth.. I want to be a strong part of the community, and then listen to the options and opinions of the citizens I also feel that its's time for a change in the council. I feel that me being a young man, I can bring new flesh ideas to the city, that may help bring it out of the tmmoil that it is in Something needs to change, so that the city can be in a stable financial point I am a volunteer with Teen's Save, and I am a firm believer m volunteering, you should always help your neighbor ..

9 Respondent claimed the portion of his website relating to Mr Carmichael was just information, but he did not remember when the material related to Mr. Carmichael was added to the website. When Respondent was asked if he considered displaying information about the

3 Gayle Jones from WEBvelations reported Respondent made two payments for the website A $247 check on August 6, 2011, and a $209 cash payment on September23, 20 ll (ROI Exhibit 5) 4 Respondent did not charge Mr Carmichael for his support through Respondent's website (ROI Exhibit 7)

Staff' Recommendation FEC 11-244 2

(

I

other candidates seeking office on his website, he responded, "Yes [b Jut was told I could noL " Respondent added that he took the inf01mation off his website on October 5, 2011, when he was told "it was wwng" (ROI Exhibit 7)

Section I 04 .. 071, Florida Statutes pwvides:

(I) It is unlawful for any person supporting a candidate, or for any candidate, in order to aid or promote the nomination or election of such candidate in any election, directly or indirectly to:

* * * * *

(c) Give, pay, expend, or contribute any money or thing of value for the furtherance of the candidacy of any other candidate

10.. It appears that Respondent's support for Mr. Carmichael's candidacy, and placing favorable information about Mr Carmichael on Respondent's website was something of value for the furtherance of Mr Carmichael's candidacy, and is a violation of Section 104.07l(l)(c), Florida Statutes

11 "Pwbable cause" is defined as reasonable ground of susp1c1on supported by circumstances sufficiently strong to warrant 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 [investigat01] has reasonably trustworthy inf01mation, are sufficient in themselves for a reasonable man to reach the conclusion that an offense has been committed Dept of Highway Safety and Motor Vehicles v. Favino, 667 So 2d 305,309 (Fla .. 1'1 DCA 1995).

12 The facts set forth above show that Respondent was a candidate for the Mascotte City Counsel, Seat 3, in the November 11, 2011 Municipal Election. When Respondent filed his DS-DE 9 form with the filing officer, he received a Candidate Handbook and a CD disc containing Chapter 104, Fl01ida Statutes As part of his campaign, Respondent paid for the website wwwtonyrosado net During the time Respondent's campaign website was up and running, one of his web-pages was entitled "CODY CARMICHAEL FOR CITY COUNCIL " This page of Respondent's website contained information that was favorable to, and encouraged voters to support, Cody Carmichael, who was running for a different seat on the City Council Respondent removed this information on October 5, 2011



!'--

Count 1:

Between August 2011 and October 5, 2011, Respondent violated Section 104.071(1)(c), Floiida Statutes, by giving, paying, expending, or contributing money or other thing of value to another candidate, when Respondent included supporting Cody Carmichael for the Mascotte City Council

Respectfully submitted on March 20, 2011,

Eric M. Lipman Assistant General Counsel

I reviewed this Staff Recommendation this ,;2 I Sf day of March, 2011.

Executive Direc r

Staff Recommendation FEC 11~244 4

1----

FLORJDA ELECTIONS COMMISSION 107 W. Gaines Street, Suite 224

Collins Building

The Honorable Tony Rosado 625 Pearl Street Mascotte, Florida 34753


Dear Mr .. Rosado:

Tallahassee, Florida 32399-1050 Telephone: (850) 922-4539

Fax: (850) 921-0783

February27, 2012

The Commission staff has completed its investigation of the complaint filed against you on October 18, 2011 As required by section 10625, Florida Statutes, you are being provided a copy of the Report of Investigation Should you choose to file a response to the report, you must file your response with the Commission within 14 days from the date of this letter.. If your response is timely filed, the Commission will consider it when determining probable cause.

Commission staffwill review the Report of Investigation and make a written recommendation to the Commission on whether there is probable cause to charge you with violating Chapter 104 or 106, Florida Statutes.. You will receive a copy ofthis staff recommendation and will have the opportunity to file a response. Should you choose to do so, your response must be filed with the Commission within 14 days from the date the recommendation is mailed to you If your response is timely filed, the Commission will consider it when determining probable cause ..

The Commission will then hold a hearing to determine whether there is probable cause to believe you have violated Chapter 104, 105 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 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 permitted to testify 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 Staff Recommendation and the Notice of Hearing will be mailed to the same address as this letter .. Therefore, if your address changes, you must notify the Commission of your new address ..

InvlOO (6/09)

' (

Otherwise, you may not receive the couespondence from the Commission staff FailUie to receive the docU!llents will not delay the probable cause hearing ..

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, me 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 appemance 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 me at extension 102.

Sincerely,

~*·'-M~~--Donna Ann Malphurs Agency Clerk

Enclosure: Report ofinvestigation

Inv!OO (6/09)

' I

FLORIDA ELECTIONS COMMISSION REPORT OF INVESTIGATION


Respondent: Tony Rosado Counsel for Respondent: None

Complainant: Stephen Elmore Counsel for Complainant: None

On October 18, 2011, the Florida Elections Commission received a sworn complaint alleging that Respondent violated Chapter 104, Florida Statutes The Commission staff investigated whether Respondent violated the following statute:

Section 104 071 (1 )(c), Florida Statutes, prohibiting a candidate or any person supporting a candidate, in order to aid the nomination or election of such candidate, from giving, paying, expending, 01

contributing any money or other thing of value to any othe1 candidate.

1.. Preliminary Information:

L Respondent, Tony Rosado, was elected to the Mascotte City Council, Seat 3 and because Seat 3 is the Mayor's seat, he was elected as Mayor for the city of Mascotte dming the November 8, 2011 municipal election Respondent was first elected to represent Seat 2 on the Mascotte City Council dming the November 2010 election; he later resigned to mn for Seat 3.

2 On August 15, 2011, Respondent's "APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY" form (DS-DE 9) was filed with the Mascotte City Clerk's office Respondent named Randy L Brasher as his campaign treasmer. I o review the DS-DE 9 form, refer to Exhibit 1 ..

3 Complainant, Stephen Elmore, was re-elected to the Mascotte City Council, Seat 5, in the Novembe1 8, 2011 municipal election; he was first elected in 2005 Complainant's father-in-law, Feliciano Felix Ramirez, was Respondent's opponent

IL Alleged Violation of Section 104 .. 071(1)(c), Florida Statutes:

4 I investigated whether Respondent violated this section of the election laws by allegedly using campaign funds to pay for a website and yard signs that suppmted Complainant's opponent

5.. Complainant offered as part of his complaint a copy of a page fiom Respondent's website which included infmmation about Complainant's opponent The page from the website, under the heading, "ELECT TONY ROSADO FOR MAYOR OF MASCOTTE," includes five options for the reader to choose from; one is titled, "CODY CARMICHAEL FOR CITY COUNCIL" The advertisement included on the website reads, "Cody Carmichael for City

Jnv002 (7/08) 1

' I

Council Cody is running against Councilman Elmore Cody is a young man with drive and fiesh new ideas .. I have been very impressed by the things he wants to bring to the City of Mascotte" The page includes the statement, "In his own words," followed by information from Cody Carmichael about himself The page concludes with a political disclaimer that reads, "Political advertisement paid for and approved by Tony Rosado, Candidate for Mayor of City of Mascotte, Florida" To review a copy of the page fiom Respondent's website, refer to Exhibit 2 ..

6.. According to Complainant, he approached Respondent and asked him to remove the page from his website and that Respondent complied with his request

7.. According to the Lake County Supervisor of Elections' office, Complainant and Cody Carmichael were candidates for the Mascotte City Council, Seat 5; Complainant won the election by securing 56..23% of the vote .. To review the election results, refer to Exhibit 3

8.. Respondent's campaign reports disclose two expenditures to "Webvelations" for the purpose of "website " Gayle Jones, a representative of Webvelations, offered an invoice identifying the services her company provided to Respondent's campaign Ms Jones reported that Respondent paid for a portion of the services with a check in the amount of $24i and the remainder was paid for in cash To review the pages from Respondent's campaign reports depicting the two expenditures, refer to Exhibit 4.. To review the invoice, refer to Exhibit 5

9.. Respondent submitted a non-sworn response to the complaint on January 9, 2012 .. Respondent reported that he considered a website as a good way to reach voters through social media In the process of setting up his website, he inserted information about Cody Carmichael because he thought his (Carmichael) story might be of interest to the public since Mr. Carmichael was a 19 year-old resident seeking elective office Respondent stated, "I never endorsed or promoted Cody but thought his story of being such a young man IUnning for office might be of interest to the public"

1 0.. Respondent also reported that when it was brought to his attention that having information about Mr .. Carmichael on his website could be a possible violation, he had the article removed fiom the website immediately. To review the response to the complaint, refer to Exhibit 6

11.. In his response to a questionnaire-affidavit, Respondent attested that Complainant was the individual who brought it to his attention that having information about Mr. Carmichael on his website could be a possible violation He said that Complainant informed him of this during a meeting with himself, Complainant and the city manager.

12 According to his campaign report, Respondent's first expenditure for the website was made on August 5, 2011 and, according to information from whois net, the domain name, "tonyrosado .. net," was "created" on August 5, 2011 In his affidavit, Respondent attested that the information concerning Mr.. Carmichael was not on his website when it was initially created and that he was unsure when he added the information about Mr .. Carmichael to his website .. Respondent further attested that the information was on his website until he removed it on October 5, 2011

1 In an affidavit, Respondent attested that he did issue a check from his campaign account for this expenditwe.

Jnv002 (7/08) 2

13 . In his affidavit, Respondent has been asked whether he consulted or sought guidance from anyone to determine whether his displaying infozmation about another candidate on his website could be construed as aiding or promoting another candidate's election to office .. Respondent attested that he did not consult with or seek guidance from anyone ..

14.. Respondent also attested that he did not charge Mr. Carmichael anything fm displaying infozmation about him on his website and added that it was just infozmation. In addition, when asked, Respondent attested that he was unsure whether or not he had advised Mr Carmichael that he would be displaying infozmation about him on his website pzior to actually displaying the infozmation. Respondent was asked whether he had considered displaying information on his website about other candidates seeking political office in Mascotte He stated, "Yes, but I was told I could not so I didn't" To zeview Respondent's affidavit, refer to Exhibit 7 ..

15 A questiomzaire-affidavit was mailed to Cody Carmichael for the pmpose of inquiiing of his knowledge of Respondent's website.. As of the date of this Report of Investigation, Mr Carmichael has not retumed the affidavit

16.. Complainant also offered as part of his complaint a copy of a yard sign. The message included on the yard sign read, "BEFORE YOU VOTE ask Ramirez and Elmore about the 3 million dollars of your money they spent" A political disclaimer at the bottom of the sign reads, "Political adveztisement paid for and approved by Tony Rosado " To review a copy of the sign, refer to Exhibit 8

17.. According to Complainant, the sign refers to "bad pmchases" the city made in past years although he said he did not vote foz one of them Complainant stated, "I feel it also is vague enough to insinuate I did something inappropiiate with the funds!" Fmther, Complainant said that he asked Respondent to remove the sign but he zefused to do so.

18 Respondent's campaign repozts disclose several expenditmes made to "Affordable Signs" for the pmpose of "signs." Cindy, a repzesentative of Affordable Signs, acknowledged that her company produced the sign for Respondent's campaign She explained that Respondent had ordered a lot of his campaign signs from her company, so when he ordered the sign at issue, she did not charge him for it A work order indicates that Respondent had only one sign produced .. To review the work order for the sign, refer to Exhibit 9

19 In his response, Respondent stated that he had only one campaign sign pzoduced and it was posted at his own residence He said that the pmpose of the sign was to let the residents ofthe city know about the city's debt and that the citizens should inquire of Mz .. Elmore (Complainant) and Mr .. Ramirez (Respondent's opponent) with any questions that they may have had about the city's debt

20.. Respondent repozted that he pzovided a copy of the picture of the sign to Gary Holland2 after being notified of the complaint and was advised that there appeared to be no problem with the sign. To review the response to the complaint, refer to Exhibit 6..

2 General Counsel, Division of Elections

Inv002 (7/08) 3

(

2 L In his affidavit, Respondent attested that the sign was posted in his yard and that people would have had to walk onto his property in order to see the sign. He added that he chose to make only one sign and the pmpose was for encomaging dialogue.. Respondent stated, "The sign is factual & is part of my 1 '1 amendment rights .. "

22.. A review ofthe work order indicates that the sign was made or ordered sometime in September 2011 When asked, Respondent attested that he thought he first posted the sign in his yrud sometime in October and that he kept the sign posted throughout the dmation of the campaign To review Respondent's affidavit, refer to Exhibit 7..

23 According to Respondent, in a meeting with Complainant regarding the website and yrud sign, Complainant told him that he would file a complaint if he (Respondent) did not issue a public apology and post the apology on a lruge sign on a nearby busy state road Respondent said that he told Complainant that he had removed the page fiom his website but he would not remove the yrud sign as he felt that the sign did not accuse him (Complainant) of anything illegal Respondent added that he refused to buy the large sign nor did he post an apology on his website To review Respondent's response to the complaint, refer to Exhibit 6

24. No record was found to indicate that Respondent has previously violated this section of the election laws.

III. FEC History:

25 There is no record of Respondent having been named as a Respondent or Complainant with the Florida Elections Commission in the past Additionally, Complainant has not filed a complaint previously nor has he been named as Respondent in the past

Conclusion:

26. On Januruy 27, 2012, I interviewed Respondent for the pmpose of providing him with a brief synopsis of the case and to offer him an opportunity to ask questions or comment on the case.. Respondent said that he wanted to emphasize that nowhere on his website did it mention that he supported Mr Crumichael In addition, he said that he wanted to reiterate that he believed that had he done what Complainant suggested, buying large signs and posting an apology on his website, that Complainant would not have filed the complaint.

27 In an affidavit, Mascotte City Clerk Michelle Hawkins attested that her office provides all candidates seeking elective office in Mascotte with a copy of Chapter 104, Florida Statutes, and it was provided on a compact-disc (CD) Additionally, Ms .. Hawkins attested that Respondent was also provided with a copy of the Candidate and Campaign Treasurer Handbook Respondent was first elected to office in November 2010 when he was elected to represent Seat 2 on the Mascotte City Council To review the affidavit of Michelle Hawkins, refer to Exhibit 1 0

28.. In an affidavit, Respondent attested that he was elected to the Mascotte City Council in November 2010 and then elected to his cmrent position, Mayor, dming the 2011 municipal election. Respondent fmther attested that he does possess a copy of Chapter 104, Florida Statutes, and that he has read the law. Respondent was asked what action had he taken to determine his responsibilities under Florida's election laws.. He attested, "Dming election

Inv002 (7/08) 4

,. I

recieved [sic J copy of Fl01ida election laws." To review the relevant pages from Chapter 104, FI01ida Statutes, refer to Exhibit 11.. To review Respondent's affidavit, refer to Exhibit 7.

29.. During my investigation of the allegation contained in the sworn complaint, I found that Respondent made an expenditure by means of cash rather than by a check drawn on the campaign account (paragraph 8).. However, because this violation was not alleged in the complaint, I did not investigate this information

The Honorable Tony Rosado 625 Pearl Street Mascotte, Florida 34753

Ms .. Michelle Hawkins, City Clerk City of Mascotte 100 East Myers Boulevard Mascotte, Florida 34753

Respectfully submitted on February 27, 2012.

Keith Smith Investigation Specialist

The Honorable Stephen Elmore 232 Boca Ciega Road Mascotte, Florida 34753

Copy furnished to: Mr David Flagg, Investigations Manager

Inv002 (7/08) 5

Exhibits #s

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

Exhibit 8

Exhibit 9

Exhibit 10

Exhibit 11

lnv004 (5/08)

FLORIDA ELECTIONS COMMISSION REPORT OF INVESTIGATION

Tony Rosado-- FEC 11-244

Description of Exhibits

DS-DE9Form

Pages from Respondent's website

Election results

CTR re: expenditure for website

Invoice from Webvelations

Respondent's response to the complaint

Respondent's questionnaire-affidavit

Copy of sign

Work order from Affordable Signs

Affidavit of City Clerk

Relevant pages from Chapter I 04, Florida Statutes

--APPOINTMENT OF CAMPAIGN TREASURER

AND .DESIGN.I\TION OF CAMPAIGN DEPOSITORY FOR CANDIDA"! ES

(Section 106 021(1), FS)

(PLEASE PRINT OR 'TYPE)

NOTE: This form must be on file with the qualifying

,, .. J-'

offjcer before opening the campaign accoun.!z_.--11---· .. ------·--~--.. --2FFICE USE ONLY

1fcHECK APPROPRIATE BOX(ES): /

(tJ Initial Filing of Form Re-filing to Change: cz1 Treasurer tDept.ity 0 Depository 0 Office 0 Party

2 Name of Candidate (in this order: First. Middle. Last} 3 Address (include post office box or street city, state. zip

codeJ i:. J.S \lU>-A s·t - --1 ..., 2'-''? "'."' 1'11-"l "'-"¥1-e--} ~--l.. v \ ~ .0.

.::---.--·---- o_]~-"\"'VNt ~~-QQ'-"""''--r-::-::: 6. Office sought (include district circuit group number) 7 If a candidate for a 11onpartisan. office, check if

S €o;-\-· '3 - \f\Q \[ OC applicable: D My intent is to run as a Write-In candidate

" l'e£1@ sh:k~ Thn\1, J: M"]" Hreu ,c 21 c, :~) ~ J 122 L~'Y!Je 23 ~~ _ ~ 24 z;p~ode.

~01.e wlJG.! _ ..... Q~_c _t~ 1 .lj3..~ UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND

DESIGNATION OF CAMPAIGN DEPOSITORY ANDTHATTHE FACTS STATED IN IT ARE TRUE

25 Date (ttl, 26. Signature of Candidate

·---·· '8 : .. .:f!.. -~~:.~~ e···-~--·····--·-- X~~~~- ::::_:~---·····-···--·-··· .. -27 Treasurer's ·Accep nee of Appointment (fill in the blanks and check the appropriate block)

~ M.vb Y L. fa,fA(ht'Z- ·--- do hereby accept the appointment (P!e.ar Print or Type Name)

designated above as: R 0 Campaign Treasurer [J Deputy Treasurer

Wft!;!!; t~----- x.4f!k.4'~ ~ ----';1"'---' Date ~~ c·ampaign Treasurer or Deputy Treasurer

D'S:oE9(R.:-7oi10)·---·--------· .. -··-.. -·--··--·-··--·····--·-·-·-R;;i;;·;s.To001;FAc-

EXHIBIT __ 1="'_'----

\_J_.-Cody Carmichael for City Council Cody 1s runmng agamst Councilman Elmore Cody Is a young man with drive and fresh new ideas. I have been very 1m pressed by the things he wants to bring to the City of

Mascotte.

In his own words:

My name 1s Cody Carmichael, 1 am 19 years old, and I am runmng for seat 5 of the city council for Mascotte. i am runmng oecause I would like

to see the city out of the financial turmoil it has gotten 1nto. The mam po1nts that I am stress1ng are community, growth, and youth. i want to be a strong part ot the community, and iisten to the options and the opJmons of the citizens. i also teei that it's time for a change 1n the

council. I feel that me being a young man, I can bnng new fresh ideas to

the city, that may help bnng it out of the turmoil that it is m. Something needs to change, so that the city can be m a stable financial point. i am a volunteer with Teen's Save, and I am a firm believer m

volunteenng, you should always help your neighbor.

\{~~G w : Search

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seat 5 of the Clty council for Mascotte. I am runmng because I would like to see the city out of the finanCJat turmoil it has gotten 1nto. The mam pomts that I am stressmg are community. growth, and youth. i want to be a strong part of the community, and listen to the options and the opmions of the citizens. I aiso feei that it's time for a change in the

council. I reel that me bemg a young man, 1 can bnng new fresh ideas to the city, that may help bnng it out of the turmoil that it is m. Something needs to change, so that the city can be m a stable financ1al po1nt.

i am a volunteer with Teen·s Save, and i am a firm believer m volunteering, you should always help your neighbor.

CALENDAR

OCTOBER 2011

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• Michael Ebinger: You havemvvote. You had ca!"l'..e to my house today 1 ..• ,

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o Councilwoman Debbie Baird Flinn: Endorsement!! I belieo1e Tony has the City of rvtas ... »

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' 7.

Election Results

I

~---- -

' / (With 1 out of 1 Precincts Counted)

i Louise Thompson

! Hollie Timmons

MASCOtTE CITY COUNCIL SEAT. 3 (MAYOR) (With 1 out of 1 Precincts Counted)

Feliciano Felix Ramirez

I , Tony Rosado / MASCOTTE CITY_,.,,.,,-,-;_,,.:, SEAT 5 (With 1 out of 1 Precincts Counted)

Cody Carmichael

.Stephen Elmore· !

MINNEOLA CITY COUNCIL SEAT 1 (With 1 out of 1 Precincts Counted)

Jerry Roach

Rick Roderick

Pam Serviss

'

MINNEOLA CITY COUNCIL SEAT 3 (MAYOR) (With 1 out of 1 Precincts Counted)

Pat Kelley

David Yeager

MINNEOLA CITY COUNCIL SEAT 5 {With 1 out Precincts ounte of1 c d)

Joseph Saunders

Dee Strickland

MONTVERDE MAYOR (With 1 out of 1 Precincts Counted)

I Troy A Bennett

1 Dale Heathman

MOUNT DORA MAYOR (With 10 out of 10 Precincts Counted)

I Joseph Scurlock

Robert "Bob" Thielhelm

Randy Wiseman

MOUNT DORA CITY COUNCIL AT-LARGE (With 10 out of 10 Precincts Counted)

Donald B. Stuart

Michael A Tedder

GROVELAND CHARTER AMENDMENT NO .. 1 (With 4 out of 4 Precincts Counted)

http://elections lakecountyfLgov/election _results .aspx?id=26

.

Page 2 of3

I II 1981 6600%

10211 3400%

Percent

131 3958%

200 - 60.42% i.-

Votes Percent

137 I 4377%

176 - 56.23 %-i

Votes Percent

215 33 33%:

174 2698%[

256 3969%

Votes Percent

' 386 58.22% I

277 41 78 %!

Votes Percent

' 375 60.39 %; 246 39.61%

:· Votes Percent

279 64.14%

156 35.86%

Votes Percent

213! 1177%

12201 67.40%'

377[ 2083%

Votes Percent

4241%

5759%

Votes Percent

11/28/2011

, "

CAMPAIGN TREASURER'S REPORT -·ITEMIZED DISTRIBUT~Sq 1-( (1) Name t1-n=hon d '$o Sct:dO (2) to. Number ___ _

{3) Cover Period 'b' L Q l~ I ( _J_ I t':> I I through I I (4) Page I of

(5) (7) (8) (9) (10) (11) Oat€! Full Name Purpose (6) (last, Suffix, First, Middle) (add office sought if

Sequence Street Address & contribution to a Related Number City, State, Zip Code candidate} E){penditures Amendment Amount

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~:h<:)'S -~~-··- ~4'"10'"; ~ ~~:;,;9,-,r

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_____ , _____ ... __ .... ······--·····------------ ----·-···--··------------~ ------------ '---------OS-DE 14A (Rev 12/07) SEE REVERSE FOR INSTRUCTIONS AND CODE VALIJES

EXHIBIT 4 {~ loP2.)

I

CAMPAIGN TREASURER'S REPORT- ITEMIZED DISTRiBUTIONS

(1) Name _J)xntoY)( 7) ___Rmdb (2) 1.0 Number

(3) Cover Period q I (]; Ll through q I 3_01 u_ (4) Page -; of ) (5) (7) (8) (9) (10) (11)

Date --- Full Name Purpose (6) (Last, Suffix, FirS!, Middle) (add office sought it

Sequence Street Address & contribution to a Related Number City, State, Zie Code candidate) Expenditures Amendment Amount

, m' CJ t3o til

uk/Ne/ o~J .5/ft: fi";?.. (YlJI<tp.«. l:l<i ~,.;.eb -~ !-'----- ... - .. -- zoo'

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I _______ .... _____ ··-·· ·----------.. '--- ··- '-·---·-··- .. -_ .. __ OS--DE 14A (Rev 12/07) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

EXHIBIT 4 (RJ tort)

832 Marquee Drive Minneoh, Florida 34715 mobile: 321-689-6874 sales@webvehtions .com

Invoice For:

Tony Rosado I ony for Mayor! Mascotte, FL 34753 --· ··--·

Line Items

I Service

...

llouantityl!

..•

WEBsite!"

--

Description

Invoice

Date: 8/5/20 II

Invoice Number: 518

Terms: Due Upon Receipt

. -- -

!IArrountll SubTotal I jOevelopment Hours J[TIJwordpress website, custom therm with social media for Mayor CampaignJI $80.oojj $4oo.ool

!Hosting jiTJJannual hosting for www .tonyrosado.net II $4.ooll $48.001

Domain Nal'"():3 J[~]w ww .tonyrosado. net don-ain registration lc:ll $8001 Registration

Grand Iotat $456.00

EXHIBIT __ 5~~<e;~.:...-~~tP~?)

(--

RE: Documents request sales to: 'Keith Smith'

1 attachment

~ lnvoice518 pdf

He:re is the invoice I p:rovided.

Payments Applied 8/6/2011 9/23/2011

t.o this Invoice Check Cash cash

0091 24 7 00 209 00

01/24/2012 05:44PM

.J I tried to get a copy of the check from USB online but since it 1 s back in August, I cannot access it

Sincerely, Gayle Jones WEBvelations

-----original Message-----From: Keith Smith [mailto:[email protected]] Sent: Tuesday, January 24, 2012 1:20 PM Io: sales®webvelat.ions .. com Subject: Documents request

From: Keith Smith <Keith .. Smith®myfloridalegal com> Subject: Documents request

Message Body: Ms. Jones, On or about Jan. 5th, I mailed to you a letter requestind documents relative to work performed for Tony Rosado, a former candidat.e for Mayor of the town of Mascotte. At your earliest convenience, please let ne know the status of my request Thank you for your cooperation in this matter·. Keit.h Smith, Investigator: Florida Elections Commission

This mail is sent via contact form on WEBvelations http://webvelations com

EXHIBIT

01-09-12; 12:25 ;CityotMa~r'l,tte (

Keith Smith Flof'ida Elections Commission Cabinet Meeting Room, Room LL 03, 400 S Monroe St Tallahassee, FL 32399 850-921-0783


18509210783



{__ # 1/

fT1 r-- ~ f"T7 (/) ,....., ·~·., ("'~--~ ,.,..., --<""' "- •n Mr Kerth Smith, (5 '-' ?;::: • z"'- 0

In response to our conversations about case number FEC-11-244 concerning the campaign sign an~ pa~ the rn follov.ing explanation •All hopefully clear the matter. g-., -

:r.S :J> < 3:::-<:l ' '"i1 -- - ..

1. Campaign Sign: There was only one {1) campaign sign posted and that sign was located ~~reGnce ('j Tha approximate size was 2 feet by 2 feet. The sign never accused any candidate of steal miW1 dollars of city funds. What was referenced on the sign was if citizens had questions as to w the <li!.)l got Into debt for $3 million they should ask Mr Ramirez and Mr .. Elmore The point behind the sign was the city had borrowed $3 million to plan, permit, design and buy land fur a wastewater treatment system that was never built while Mr. Ramirez and Mr. Elmore served on the city council $t5 million ofthe $3 was spent on a 5 acre pit valued at $100,000 with tile balance going to design and permitting of the treatment plant lhe city currently owes the $3 million and there is no revenue coming to the city to pay the principle or Interest since the facihty was never built I felt it was an appropriate question for the citizens to ask how two fanner incumbents why the gambled on a $ 3 million dollar Joan at the time when there was a downturn in the economy and there was no viable plan to demonstrate how the loan would have been paid if the economy had not slowed, If questioning former elected officials for getting the city Into $3 million dollars of non revenue producing debt is crime then when is it appropriate to question public officials for past spetl<ling practices and decisions'?

2 Web Page: This is the fir&'! time I have ever had a web site, I had only been in office one year as a city councllmember before deciding to give up my seat and ron for mayor. I thought a web page would be a good way to reach voters through social media. In the process of setting up my web page I inserted Information about a Mr. Cody Carmichael a 19 year old resident who had announced he was running for a council seat I never endorsed or promoted Cody but thought his story of being such a young man running for office might be of interest to the public. When it was brought to my attention that having Mr, Carmichael on my campaign web page could be a violation since there was no disciosure as a candidate· I had the article removed immediately I spoke with Mr,. Holland from Elections Commissions office; he had a picture of the yard sign and Indicated there did to appear to be any problems with the sign.. Mr. Holland then asked if I was aware U1at It was inappropriate to have Mr. Camlichael on my web page and advised I did not since this was the first time I had used a web page and was not versed on the technlcalitles. I was asked what I did when it came to my attention that Cody should not be on the web page I advised Mr. Holland I had it removed Immediately. In a me6ting with Mr .. Elmore over this matter he stated he would file a campslgn violation if I did not issue a public apology and purchase two large campaign signs and post them on state road SO. I advised h"rm I had corrected the web page and would not remove the one campaign sign from yard since it did not accuse him of tmylhing illegal but did leave the questions as to his judgment when it came to spending the public's money and I refused to buy two campaign signs to promote Mr .. Elmore nor did I post an apology on lhe web page

Sincerely}

Tony Rosado

I

I - / I

AFFIDAVIT OF BACKGROUND INFORi'WATION Case Number: FEC 11· 244

STATE OF FLORIDA County of Lake

Tony Rosado, being duly swom, says:

This affidavit is made upon my personal knowledge.. P ._, rr:V> .=.:

2 I am of legal age and competent to testify to the matters stated her~ Iii cur~ly employed by G\J4::f 0:f2 f-14~6:14><(,e__- as M'¥1-L)Dtl--t;'?t N (") .

c-:> ., .r:: Ill S?.r-· --.

3.. Have you ever run for public office? If so, please name the office(s);l!o'i raiflor aJ]'d:'the date(s) of the election(s) you r2.n in ~~ -~ g)

NO\J ':)Ol~ __ <1.-t(-t <lCii\,})Nc.d__ N'VV ;).@(;( §I ~ot:L __ _

_____ \~-o<:. \-t:> C~CfoL -----·-··--·-·-·--------------------4 Have you ever been appointed to act as a campaign treasurer (or deputy trcasruer) for a candidate? If so, please name the candidate(s) you served as treasmer, the office(s) the candidate ran for, and the dates of the election( s).

1\lt() __ L~---------------------·---·----·-··-------------·--

5 Have you ever held the office of chairpeJson or treasmer for a political committee? If so, please list the names <md adcl:tesses ofthe committees and dates when you held the position.

--- -·----·--·---------··--

---------- ··--

6 Have you ever helcl the office of chairperson or treasurer for a con:unittee of continuous existence? (Committee of continuous existence is defined in Section 106 04, Florida Statutes . .) If so, p.lease Jist the name and addresses of the committees and dates when yon held !he position

,-) (\.KJ

7 What action have you taken to determine your responsibilities tmder Florida's election laws?

EXHIBIT 7 (tt1./w1)

8.

9

10

( .• r '

Do you possess a copy of Chapter 104, Florida Statutes? ~es 0 No

If so, when did you first obtain it? -----¥!\AJ..'luJ~~~-")~o~1.t.f --::---Have you read Chapter 104, Florida Statutes? 12(Y:S 0 No

The following questions pertain to your website

11 According to Gayle Jones of Webvelations, you paid for a portion of the website by means of check #0091 and the remainder in cash Was the check issued as payment issued from your campaign account or your personal account?

12 When the website was initially created on or about August 5, 2011, did it include the button, "CODY CARMICHAEL FOR CITY COUNCIL," as well as the information about Mr. Crumichael? If not, when was this information added to the website?

fVG ---~--~or ~\xt:_.. GJ\4e.N ±Ule (~SI{e-< ---·--------·--·---

13. In your response, you indicated that you inserted information about Cody Carmichael onto your website and thought his story might be of interest to the public Prior to displaying this information onto your website, did you advise him that you intended to display information

about hMo~m website? ·. \

L'-,.1 U'\ ~" 'L.- cr· \ bid__

14 Did you chruge Mr Carmichael anything for displaying his information on your website? If so, please specify the amount

15. Did you get the information and the photos used as part of the slideshow directly fiom Mr. Crumichael? If not, please explain how you obtained the information/photos ..

\4e...-. tt.J'{:!.~ NUT ON ~ ~ "SbkS&k>txJ

16 Did you consider displaying information about the other candidates seeking office in

Mascotte on your website? l.\. e::::, ~ ;\,) ~-- t ~ ~s d-e>1d t (0-.> I J lU ar

'ixHm b~. 2.-Pt) lnv040 (6/08) 2

(

17. In your response, you indicated that when it was brought to your attention that having information about Mr .. Carmichael on your website could be a violation, you had the information removed .. Was it Mr Elmore that brought this to your attention or someone else? If someone else, please identify the individual and briefly desCiibe the conversation.

":PJ: \A !frS. -9\H.<.tte M A- t0-.t:eb.11. r'tJ--\A<.~.H, A"' g . .>.,cbwe--'-"""'""""--"-<J"".£=ikt::r----~-=M~~"""""'·q;··~S,.e/"""'-.. --- ---

18 As part of your response, you indicated that you had the information about Mr Carmichael removed from your website When (on what date, approximately) was the information removed from the website? (Mr. Elmore's complaint was notarized on October 12, 2011 and with his complaint he submitted the webpage at issue which included the information about Cody CarmichaeL)

A:5... g· CQ..J

_ ____,1.\. .... J.d 19.. P:rior to displaying the information about Mr. Carmichael on your website, whom did you consult or seek guidance from to determine whether this activity might be construed as aiding or promoting another candidate's election to office?

-------------------·

The following gnestions pertain to the sign

20.. From a review of your response, it is my understanding that you had J»lY one campaign sign posted and that sign was located at your residence. Is that correct? (.1'Yes ( ) No If no, please explain otherwise

21 From a review of your response, it appears as though the intent of the sign was to let the citizens know that they could ask Mr Ramirez and Mr Elmore about the city's debt If so, why would you only post one sign, instead of multiple signs, and why post it at yow residence, instead of throughout the town?

y.N*- \¢ I f) \k( '{4td 'l0 fuCOVf~ hI w-log.u-e..

'-\-~Ac 51~~ t'? df3~ d- \,S \)A1J. ~Fk-'( Js~ 3 ~--tt..,JOv<..a4 f2.t'&Yf5 Inv040 (6/08)

(' '

22 When (on what date, approximately) was the sign first posted? Did you keep the sign posted throughout the duration of the campaign?

•

\ I HEREBY SWEAR OR AFFIRM THAI THE FOREGOING INFORMA110N IS TRUE AND COR~IO

THE BEST OF MY KNOWLEDGE. /····-J ____ __.----·-~----·

Signature of Affiant

Sworn to (or affirmed) and subscribed before me this a3. __ day of

--~-bdl.&~ --~201.&,_

1tuu/&iiJ Print, ype, or Stamp Commissioned Name of Notal'y Public

Personally Knnwn _Lor Produced Identification --Type of Identification Produced: ___ -----~

Ca$e !nve:~tigator K:S

Inv040 (6/08)

ASK RAM,IRE.Z & E'l..l.,,.,-.," J.\.8·.0 U T rHi(E

3 MllllON D.:QLLA-~::S! .. · .·· ·· ' ' -- --' - ,' - - - -- : -,-_, --

,- -- _: -- -_ ---' _, -,- -. ,, : .. ·· .·. y·. OF.YOU·R '1NIIl0'N}E 'i . .. ••· ko ., .. ;,,1~

Tu ...... ··•• ;E.·Y·. · ·SPiE·NT · ... ·· .· ~ . - - - - . -.

. Politicai advertisement patd for and approved by Tony Rosado

ICO :X: >< U.J

tf.) .. ~--:.,:·:) ·.:~-,

0 (.::J

'

.. WOI®JRDERS 192 W .. HWY 50 CL.ERMONT, FL

352-241-7645

DATE: 9) 0011 DATE READY: _____ R_E_c E IVE 0

NAME: \tf\l-{ ADDRESS:

~) zorz JAM 18 A q, 33

--PHONE: ---·---------

SUBSTRATE:_ L{ ~N\_ QyR_L) QUANTITY: \ SIZE: FONT: ----COLOR:

e: STATE OF Fl OPf!"lA ,lfCT!ufiS GOI;JHJSSION

PRICE:~ ~ib-{:- INSTALLED: Y OR N _____________ _ FILE NAM E----::_0>~\)D(\=:_-:_ _____________ _

SPECIAL INSTRUCTIONS

DEPOSIT_ BALANCE ________ ,_,

"ACCEPTANCE OF PROPOSAL" TilE ABOVE PRICES, SPECIFICATIONS AND CONDffiONS ARE SATISFACTORY AND ARE HEREBY ACCEITED .. YOU ARE AUfHORIZED TO DO TIIE WORK. AS SPECIFIED IF FOR ANY REASON !DECIDE TIIAT I DO NOT LIKE COWR, SIZE OR DESIGN AFTER APPROVING, IUNDERSTANDTIIEREWllLBEA CHARGEFORREMOVALAND REPLACING wriHNEWDESIGN. PAYMENTWllLBEDUE UPON COMPLETION.

50% IS DUE UPON ORDER, BALAN::w_DJ}>~COMPLETION OF SIGN! DATE: EXHIBIT_ ltE~ c ~ SI ,.

. ·.······· .y;;· ··•··· :. ,/!;~t;';{:S'•{fl . ' . . ,, ' ~ ;, X. > I

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--~~·G..()~ ~~ .. • 7b~ :•5i;yc-, •"S:l ---·---. ----·-·c---: .·.·······•·•.;,·.·.····· • ·: •••.••< :·····: . :>)

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='~\~ S\bQ~ . ) . Bt6'.t\f\...i . -- -' l - .. - :··:: ... ::·_·:·-·.'''·'_. ',\ --~--: -->·:<:-:>:>·-:~:>--.·;

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------. ----------··-···-~-""7-.. ~----·_ . ---~- :·_·- _:_:·:-~i

EXHIBIT_9 cfs 2~ ~)

' r

AFFIDAVIT OF FILING OFFICER Case Number: FEC 11-244

1 Prior to being e1ected)C€ Mayor in 2011, has ML Rosado ever beenfi? &@~~~~ pifice within yourjurisdiction? (!(Yes ()No. If yes, please list the office(s) he ran for, and fuhk1e(s)

and result(s) ofthe election(s}. ·. • A,

~1 ~~i:~,SfuW?1 1fu1ofif .:·~~~. 2.. Relative to his 2011 campaign for Mayor, did your office provide Mr Rosado with a copy of the Candidate and Cam;!aign Treasurer Handbook as published by. e Department of State, Division of Elections? (if Yes ( ) No If yes, please indicate year.. . ' / If no, did your office provide Mr.. Rosado with a similar-type document for his ~· w? ( ) Yes ( ) No If yes, please provide a copy of this document along with the completed affidavit If no, please explain what documents are given to a candidate for their review.

ms lS a ·· !t . · e . ,· C1 I u I D ·. (C~ Js_j .·· '·}-

3 Relative to his 2011 campaign for Mayor, did you or a member ofyour staff have any contact with Mr Rg{ado concerning a provision of Chapter 104 or Chapter 106, Florida Statutes? ( ) Yes (/No If yes, please indicate whether the contact was in person, in writing, or by telephone and the subject matter of the contact Also, provide copies of any documentation of the contact Please provide a separate affidavit from any member of your staff who was in contact with Mr. Rosado or his staff, detailing the subject matter of the contact

4.. Did your office offer any training seminars/candidate workshops for c/ndidates seeking elective office in Mascotte prior to the November 2011 election? ()Yes ( /YNo If yes, please state whether or not Mr .. Rosado attended and provide a copy of any attendance sheets from the seminar/workshop and list the subjects covered during the seminar/workshop

5.. Does your office provide candidates/seeking el.ective office within your jurisdiction with a copy of Chapter 104, F ~rida Statutes? C'IYesf~o

O[') (), t D EXHIBIT LV 69. /r£2)

lnv044 (5/08) 1

6 ~

( (

If applicable, please provide a copy of the most recent Form 1 or Form 6 filed by 1IK' mR. RctrillD

I SWEAR OR AFFIRM THAT IRE INF0Ri\1AJION CONTAINED IN THIS DOCUMENT IS COMPLETE

AND ACCURATE TO THE BEST OF MY Kt'IOWLEDGE.

One Investigator /(,$

Swom to (or affirmed) and suQ.sb.J:i ed before me this~ day of

-------!.o.-"'--'=---' 2011_

Personally Known L 01 Produced Identification ___ _

Type of Identification Produced:-----------

EXHIBIT l 0 (~ 2,P7;)

Inv044 (5/08) 2

I '

A Compilation of

T-~ P .._ LJ

ELECTION LAWS

of the State of Florida

September 2011

FLORIDA DEPARTMENT OF STATE · Divisio111 of E}ecti9 ns EXHIBIT IT (Pa. J rJ' 4

F.S. 2011

104 011

104 012

104 013

104 031

104 041 104 045 104 047 104 051

1040515

104 061 104 0615

1040616 104 071

104 081

104 091

104 101 10411 10413 10415 10416 10417

10418

104185

10419

10420 104 21 10422

10423 10424 10426 104 271

1042715

10429

10430

10431

ELECTION CODE: VIOLATIONS· PENALTIES Ch.104

CHAPTER 104

ELECTION CODE: VIOLATIONS; PENALTIES

False swearing; submission of false voter registration information.

Consideration for registration; interference with registration; soliciting registrations for compensation; alteration of registration application

Unauthorized use, possession, or destruc· tion of voter information card

False declaration to secure assistance in preparing ballot

Fraud in connection with casting vote Vote selling Absentee ballots and voting; violations Violations; neglect of duty; corrupt prac-

tices Voting rights; depiivation of, or interference

with, prohibited; penalty Corruptly influencing voting Voter intimidation or suppression prohib·

ited; criminal penalties. Absentee ballots and voting; violations Remuneration by candidate for services,

support, etc.; penalty Threats of employers to control votes of

employees Aiding, abetting, advising, or conspiring in

violation of the code Failure to assist officers at polls Neglect of duty by sheriff or other officer Intermingling ballots Unqualified electors willfully voting Voting fraudulent ballot Voting in person after casting absentee

ballot Casting more than one ballot at any elec·

lion Petitions; knowingly signing more than

once; signing another person's name or a fictitious name.

Using stickers or rubber stamps or carrying certain items in voting booth; penalty

Ballot not to be seen, and other offenses Changing electors' ballots Stealing and destroying records, etc , of

election Disclosing how elector votes Penalty for assuming name. Penalty for destroying ballot or booth, etc False or malicious charges against, or false

statements about, opposing candidates; penalty

False representations of military service; penalty

Inspectors refusing to allow watchers while ballots are counted

Voting system; unlawful possession; tam· pering

104 32

104 39 10441 104 42

104 43

Supervisor of elections; delivery of books to successor.

Witnesses as to violations. Violations not otherwise provided for Fraudulent registration and illegal voting;

investigation Grand juries; special investigation

104.011 False swearing; submission of false voter r'egistration information.,.-·

(1) A person who willfully swears or affirms falsely to any oath or affirmation, or willfully procures another person to swear or affirm falsely to an oath or affirma· tion, in connection with or arising out of voting or elections commits a felony of the third degree, punish· able as provided in s 775 082, s 775 083, or s 775.084.

(2) A person who willfully submits any false voter registration information commits a felony of the third degree, punishable as provided in s 775.082 or s 775.083

History.-s. 15, ch. 14715 1931; CGL1936 Supp. 8202{6); s 8, ch. 26870 1951; s 19 ch 71·136; s 33 ch 77-175; s 38 ch 94··224; s 31 ch 97 .. 13

104012 Consideration for registration; interfer· ence with registration; soliciting r·egistrations for compensation; alteration of registration applica· tion.-

(1) Any person who gives anything of value that is redeemable in cash to any person in consideration for his or her becoming a registered voter commits a felony of the third degree, punishable as provided in s. 775 .. 082, s 775.083, or s. 775 084 This section shall not be interpreted, however, to exclude such services as transportation to the place of registration or baby· sitting in connection with the absence of an elector from home for registering

(2) ·A person who by bribery, menace, threat, or other corruption, directly or indirectly, influences, de· ceives, or deters or attempts to influence, deceive, or deter any person in the free exercise of that person's right to register to vote at any time, upon the first conviction, commits a felony of the third degree, punishable as provided in s 775 082, s 775 083, or s 775 084, and, upon any subsequent conviction, commits a felony of the second degree, punishable as provided in s 775 082, s 775 083, or s 775 084

(3) A person may not solicit or pay another person to solicit voter registrations for compensation that is based upon the number of registrations obtained. A person who violates the provisions of this subsection commits a felony of the third degree, punishable as provided in s 775 082 s 775.083, or s. 775 084

(4) A person who alters the voter registration application of any other person, without the other person's knowledge and consent, commits a felony of the third degree, punishable as provided in s. 775 082, s 775.083, or s. 775 084.

History -s. 1, ch. 63·198; s. 20 ch. 71-136: s. 33 ch. 77--175: s.39 ch 94 .. 224; s 1394 ch 95-147: s 32 ch 97 .. 13; s 23, ch 98-129

Political activities of state, county, and municipal officers and em lo[ees

EX.mBff....s....~~=.;~

(

F.S. 2011 ELECTION CODE: VIOLATIONS· PENALTIES Ch. 104

(4) No voting qualification or prerequisite to voting, and no standard, practice, or procedure, shall be imposed or applied by any political subdivision of this state to deny or abridge the right of any citizen to vote on account of race or color.

(5) Any person who violates the provisions of this section is guilty of a felony of the third degree, punishable as provided in s 775.082, s 775 083, or s 775.084

History.-s.1 ch 82-59;s 26 ch 83··217;s 5 ch 91-224;s 615 ch 95··147; s 28 ch 98-129

104 .. 061 Corruptly influencing voting .. -(1) Whoever by bribery, menace, threat, or other

corruption whatsoever, either directly or indirectly, attempts to influence, deceive, or deter any elector in voting or interferes with him or her in the free exercise of the elector's right to vote at any election commits a felony of the third degree, punishable as provided in s 775 082, s 775 083, or s 775 084 for the first conviction, and a felony of the second degree, punishable as provided in s. 775.082, s 775 083, or s 775 084, for any subsequent conviction

(2) No person shall directly or indirectly give or promise anything of value to another intending thereby to buy that person's or another's vote or to corruptly influence that person or another in casting his or her vote Any person who violates this subsection is guilty of a felony of the third degree, punishable as provided ins 775 082, s 775 083, or s. 775 084 However, this subsection shall not apply to the serving of food to be consumed at a political rally or meeting or to any item of nominal value which is used as a political advertisement, including a campaign message designed to be worn by a person ..

History.-ss. 1, 3, ch 6470, 1913; RGS 5918; CGL8182; s. 1, ch 19617, 1939; s. 1 .ch 20934, 1941; s. 7 ch. 22858, 191\5; s 8 ch. 26870, 1951; s 1,ch. 65-379; s 25, ch. 71-136; s. 35, ch ?7<·175; s. 51, ch. 79-400; s 21 ch 81-·304; s 22 ch 90·3"15; s. 616 ch 95··147; s 29 ch 98··129

104.0615 Voter intimidation or supptession prohibited; criminal penalties .. -

(1) This section may be cited as the "Voter' Protection Act"

(2) A person may not directly or indirectly use or threaten to use force, violence, or intimidation or any tactic of coercion or intimidation to induce or compel an individual to:

(a) Vote or refrain from voting; (b) Vote or refrain from voting for any particular

individual or ballot measure; (c) Refrain from registering to vote; or (d) Refrain from acting as a legally authorized

election official or poll watcher. (3) A person may not knowingly use false informa

tion to: (a) Challenge an individual's right to vote; (b) Induce or attempt to induce an individual to

refrain from voting or registering to vote; or (c) Induce or attempt to induce an individual to

refrain from acting as a legally authorized election official or poll watcher

(4) A person may not knowingly destroy, mutilate, or deface a voter registration form or election ballot or

obstruct or delay the delivery of a voter registration form or election ballot

(5) A person who violates subsection (2), subsection (3), or subsection (4) commits a felony of the third degree, punishable as provided in s 775 082, s 775.083, or s. 775.084

History -s 76 ch. 2005·277

104 .. 0616 Absentee ballots and voting; violations .. -Any person who provides or offers to provide, and any person who accepts, a pecuniary or other benefit in exchange for distributing, ordering, request· ing, collecting, delivering, or otherwise physically possessing absentee ballots, with intent to alter, change, modify, or erase any vote on the absentee ballot, except as provided in ss. 101 6105··101 695, commits a felony of the third degree, punishable as provided in s 775.082, s 775.083, or s 775 084

History -s 53, ch 2005·278

104 .. 071 Remuneration by candidate for ser· vices, support, etc,; penalty.,-

(1) It is unlawful for any person supporting a candidate, or for any candidate, in order to aid or promote the nomination or election of such candidate in any election, directly or indirectly to:

(a) Promise to appoint another person, promise to secure or aid in securing appointment, nomination or election of another person to any public or private position, or to any position of honor, trust, or emolument, except one who has publicly announced or defined what his or her choice or purpose in relation to any election in which he or she may be called to take part, if elected

(b) Give, or promise to give, pay, or loan, any money or other thing of value to the owner, editor, publisher, or agent, of any communication media, as well as newspapers, to advocate or oppose, through such media, any candidate for nomination in any election or any candidate for election, and no such owner, editor, or agent shall give, solicit, or accept such payment or reward. It shall likewise be unlawful for any owner, editor, publisher, or agent of any poll-taking or pollpublishing concern to advocate or oppose through such poll any candidate for nomination in any election or any candidate for election in return for the giving or promising to give, pay, or loan any money or other thing of value to said owner, editor, publisher, or agent of any poll-taking or poll-publishing concern

(c) Give, pay, expend, or contribute any money or thing of value for the furtherance of the candidacy of any other candidate

(d) Furnish, give, or deliver to another person any money or other thing of value for any purpose prohibited by the election laws

This subsection shall not prohibit a candidate from furnishing complimentary tickets to the candidate's campaign fund raiser to other candidates

(2) A candidate may give his or her own personal or business funds to another candidate, so long as the contribution is not given in exchange for a promise or expectation that the recipient will directly or indirectly do anything to aid or promote the candidacy of the

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I Ch. 104 ELECTION CODE: VIOLATIONS; PENALTIES F.S .. 2011

contributor which the recipient would not have otherwise done

(3) Any person who violates any provision of this section is guilty of a felony of the third degree, punishable as provided in s. 775 082 or s 775 083, and from and after conviction shall be disqualified to hold office.

History.-s. 8 ch. 26870, 1951; s. 2, ch 65·379; s 26, ch. 11<·136; s 35 ch 77-175; s 52 ch 79·400; s 33 ch 89-338; s 617 ch 9S.147

104 .. 081 Threats of employers to control votes of employees .. -lt is unlawful for any person having one or more persons in his or her service as employees to discharge or threaten to discharge any employee in his or her service for voting or not voting in any election, state, county, or municipal, for any candidate or measure submitted to a vote of the people Any person who violates the provisions of this section is guilty of a felony of the third degree, punishable as provided in s 775.082, s. 775.083, or s. 775.084

History.-s. 8 ch. 26870 1951; s 27 ch 7H36; s 35 ch 77-175; s 618 ch 95·147; s 30 ch 98··129

104 .. 091 Aiding, abetting, advising, or conspir· ing in violation of the code .. -

(1) Any person who knowingly aids, abets, or advises the violation of this code shall be punished in like manner as the principal offender.

(2) Any person who agrees, conspires, combines, or confederates with another person to commit a violation of this code shall be punished as if he or she had committed the violation

(3) Any person who knows of a felony violation of this code and gives any aid to the offender who has violated this code, with intent that the offender avoid or escape detection, arrest, trial, or punishment, shall be punished as if he or she had committed the violation This subsection does not prohibit a member of The Florida Bar from giving legal advice to a client

History.-s. 8, ch. 26870 1951; s 1 ch 67·164; s 28 ch 71-136; s 35 ch 77-175; S 1 Ch 2002·214

104 .. 101 Failure to assist officers at polls.-Any person summoned by the sheriff or deputy sheriff who fails or refuses to assist him or her in maintaining the peace at the polls is guilty of a misdemeanor of the first degree, punishable as provided in s 775 082 or s 775.083

Hlstory.-s. 27 ch. 3879, 1889: RS 181; s. 58, ch 4328, 1895; GS 3834; RGS 5896; CGL8160; s 8 Ch 26870 1951; s 29 ch 71-136; s 35 ch 77-175; s 619 ch 95·147

Note -Former s 99 40

104 .. 11 Neglect of duty by sheriff or other officer .. Any sheriff, deputy sheriff, or other officer who willfully neglects or willfully refuses to perform his or her duties relating to elections is guilty of a misdemeanor of the first degree, punishable as provided in s 775 082 or s 775.083

Hlstory-s 8 ch 26870 1951; s 30 ch 71-·136; s 35 ch 77-175; s 620 ch 95··147

104 .. 13 Intermingling ballots -Whoever willfully places any ballot in the ballot box except as properly voted by electors, or willfully intermingles any other ballots which have not been duly received during the election with the ballots which are voted by the electors,

is guilty of a felony of the third degree, punishable as provided in s. 775.082, s 775 083, or s 775 084

History.-s 8 ch. 26870 1951; s 3 ch 65·379; s 32 ch. 71--136; s 35 ch 77-175

104 .. 15 Unqualified electors willfully voting .. -Whoever, knowing he or she is not a qualified elector, willfully votes at any election is guilty of a felony of the third degree, punishable as provided in s 775 082, s 775.083, or s. 775.084.

History.-s 8, ch. 26870 1951; s 5 ch 65-379; s 34 ch 71-136; s 35 ch 77-·175; S 621 Ch 95-147

104 .. 16 Voting fraudulent ballot-Any elector who knowingly votes or attempts to vote a fraudulent ballot, or any person who knowingly solicits, or at· tempts, to vote a fraudulent ballot, is guilty of a felony of the third degree, punishable as provided in s 775 082, s 775.083, or s. 775.084.

History .. -s 36, ch. 4328, 1895; GS 221; s. 42 ch. 6469 1913; RGS 266, 346 5911; CGL 322. 403; 8175; s. 6, ch. 17898, 1937; s. 3, ch 17901, 1937; s 6 ch 25187, 1949;s.4 ch.25386 1949;s 8 ch 26870 1951;s 6 ch 65·379;s 35 ch 71-136; s 35, ch. 77-175

Noto.-Formorss 9920 10241

104 .. 17 Voting in person after casting absentee ballot-Any person who willfully votes or attempts to vote both in person and by absentee ballot at any election is guilty of a felony of the third degree, punishable as provided in s 775 082, s. 775 083, or s. 775.084.

Hlstory.-s. 1, ch. 22014, 1943; s.1, ch. 25385 1949; s 8 ch 26870 1951; s 7 Ch. 65-379; S. 36, Ch. 71-136; S 35 ch 77·175

Noto.-Formor s 10111

104 .. 18 Casting more than one ballot at any election .. -Except as provided ins .. 101 6952, whoever willfully votes more than one ballot at any election commits a felony of the third degree, punishable as provided in s. 775.082, s 775 083, or s 775 084

History.-s. 8. ch 26870 1951; s 8 ch 55 .. 379; s 37 ch 71-136; s 35 ch 77 .. 175; s 4 ch 2011·162

104 .. 185 Petitions; knowingly signing more than once; signing another person's name or a fictitious name,-

(1) A person who knowingly signs a petition or petitions for a candidate, a minor political party, or an issue more than one time commits a misdemeanor of the first degree, punishable as provided ins 775 082 or s 775 083

(2) A person who signs another person's name or a fictitious name to any petition to secure ballot position for a candidate, a minor political party, or an issue commits a misdemeanor of the first degree, punishable as provided in s. 775 082 or s. 775.083

History.-s 1 ch 77-178; s 6 ch 91 .. 224; s 23 ch 97-13

104 .. 19 Using stickers or rubber stamps or carrying certain items in voting booth; penalty .. -

(1 )(a) It is unlawful for any person casting a ballot at any election to use stickers or rubber stamps or to carry into a voting booth any mechanical device, paper, or memorandum which might be used to affect adversely the normal election process

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FLORIDA ELECTIONS COMMISSION PHONE LOG


Respondent: Tony Rosado

Complainant: Stephen Elmore

L Date and time: November 29,2011@ 9:13am Name: Emogene Stegall- Lake Co SOE Phone#: (352) 343-9734 Summary: I called Ms .. Stegall to inquire as to her knowledge of Respondent and whether or not he has been a candidate on the county level

Ms .. Stegall reported that he has never been a candidate within her jUiisdiction and that he has only run for elective office on the city level She also reported, when asked, that he has not been a chairman or treasurer for any PAC's or ECO's registered with her office ..

When asked, Ms .. Stegall reported that her office did not offer any candidate workshop or seminars for city candidates She added that she did speak at a luncheon for local city clerks back in August or September to review with them the laws, but, not for the candidates.

When asked, Ms .. Stegall said that she was only familiar with Respondent by his name. She explained that leading up to the election, she received numerous calls from various individuals, including some candidates, making allegations that Respondent did or didn't do something that he was suppose to do She said that she would always tell the person calling that they could file a complaint with OUI office but to make sure that their complaint was accmate and based on personal knowledge.. When asked, she said that she could not recall any specific details concerning the allegations; just that his name always came up dUiing discussion Memo to File? No Entered by: KS

2 Date and time: November 30, 2011 @ 3:17pm Name: Stephen Elmore- Complainant Phone#: 352-551-9480 Summary: I called Complainant for the pUipose of introducing myself and to ask him a few questions concerning his complaint

I brought it to his attention that I noticed that he was re-elected to the city council. When asked, he said that he was first elected in 2005 (sworn in to office in 2006) and has been reelected each election since

Complainant was asked about the signs, of which he included a pictUI·e of; and any idea of how many signs might have been published and displayed He said that he did not have an exact number of how many might have been published but he recalled seeing signs at least five or six different locations throughout the city. When asked, he said that he did not

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know where Respondent might have had his signs printed He said that there are a few printers in nearby Clermont and Mimreola that he might have used but he did not know for sure.

It was brought to his attention that I had reviewed the election results from the Lake County Supervisor of Elections' office and I noticed that Respondent was rumring for Seat 3 and next to Seat 3, in parenthesis, was Mayor When asked, he said that Seat 3 is the Mayor's seat He added that Respondent was elected to Seat 2 during last year's election but quit mid-term to seek the Mayor's seat

Complainant said that Respondent did eventually remove the information supporting his (Complainant) opponent from his website but that he left the signs up the whole time up Ulltil he received the complaint He added that soon after, Respondent went on his facebook page talking about Complainant He further added that he asked Respondent to apologize on his website and facebook page about what he (Complainant) felt were lies that Respondent was telling about him but Respondent would not apologize to him.

I took the opportunity to provide Complainant with a brief overview of the investigative process and advised him that he would eventually receive notice as to when the case would be presented before the members of the Elections Commission. Having said that, he confirmed that the address on his complaint form, 232 Boca Ciega Road, Mascotte, Florida 34753, was correct Memo to File? No Entered by: KS

3 Date and time: December 19,2011 @ 10:37 am. Name: Michelle Hawkins- Mascotte City Clerk Phone#: 352-429-3341 Summary: I called Ms .. Hawkins to inquire as to the status of a filing officer affidavit that mailed to her on or about November 29, 2011 regarding Respondent's political experience I left a message on her voice-mail asking that she return my call at her earliest convenience Memo to File? No Entered by: KS

4 Date and time: December 21,2011 @ 10:08 a.m Name: Michelle Hawkins- Mascotte City Clerk Phone#: 352-429-3341 Summary: Ms.. Hawkins returned my call from two days ago.. She said that she has completed the affidavit but she is waiting for her co-worker to notarize the affidavit and she will try and mail it out today; she apologized for the delay in responding Memo to File? No Entered by: KS

5.. Date and time: January 4, 2012@ 3:28pm. Name: I ony Rosado - Respondent Phone#: 352-434-2719

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Summary: I attempted to call Respondent to inquire of him whether he plans to submit a response to the complaint. I left a message on his voice-mail advising him as to the purpose of my call and asked that he return my call at his earliest convenience .. Memo to File? No Entered by: KS

6.. Date and time: Januruy 9, 2012@ 9:32am Name: Tony Rosado -Respondent Phone#: 352-434-2719 Summary: Respondent returned my call from last week . He inquired as to what he needed to do to respond to the allegations made by Complainant.

Respondent was advised to file a written response addressing Complainant's issue concerning his (Respondent) website and how it appeared to him that the website was an endorsement for Cody Crumichael, Complainant's opponent. Respondent said that he did not believe that the website showed that he supported or in any way endorsed Crumichael but rather it was a way to let people know about a 19 year old running for public office

Respondent was then advised that it also appeared that Complainant took issue with a yard sign.. Respondent said that he did not believe that the sign was an issue and that he had spoken with "Mr. Holland" who indicated to him that there did not apperu· to be anything wrong with the sign.

Respondent said that this was only his second time seeking political office and that when he leruned about the issue involving the website, he removed it from the website ..

Respondent was advised of the investigative process and told that he would eventually receive a copy of the Report of Investigation and Staffs Recommendation and that he would have an opportunity to respond to each at a later time .. Memo to File? No Entered by: KS

7 Date and time: Januruy 9, 2012@ 11:28 a.m. Name: Tony Rosado - Respondent Phone#: 352-638-1858 Summary: Respondent called to let me know that he was in the process of faxing his response to the complaint and he asked that once I've had the opportunity to review it, to call him back; it was agreed that I would call him at 352-638-1858 Memo to File? No Entered by: KS

8. Date and time: Januruy 9, 2012@ 11:43 am. Name: Tony Rosado- Respondent Phone#: 352-638-1858 Summary: I called Respondent to advise him that I was in receipt of his faxed response to the complaint. Additionally, I advised him that I would have some additional questions for him and that it would be in the form of a questionnaire and that it would be mailed to his

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address .. When asked, he confirmed his mailing address as: 625 Pearl St , Mascotte, FL 34753 (He had "Pear" St on his letterhead) Memo to File? No Entered by: KS

9.. Date and time: February 2, 2012@ 10:50 am Name: I ony Rosado -Respondent Phone#: 352-638-1858 Summary: Respondent called to let me know that he was in receipt of the questionnaireaffidavit that I had forwarded to him Respondent said that he was a little concerned at having to answer more questions in this matter after having provided a response to the complaint

I advised Respondent that the pwpose of the affidavit is to be able to provide as much information to the members ofthe Elections Commission as possible so that they can make an informed decision when the case is presented for probable cause review.

Respondent did ask some specific questions about two of the questions posed on the affidavit, specifically the questions relative to how many times he has sought public office and information received from the city clerk's office.

Respondent was reminded that I am solely gathering facts about the case and to present the facts in a written Report of Investigation so that staff's legal connsel can use the facts from the report to draft a staff recommendation Respondent was also reminded that he would eventually receive a copy of my report and he would have an opportunity to respond to the report if he chose to do so

I took the opportunity to remind Respondent that I would also call him at a later date for the pwpose of reviewing the case with him and affording him an opportunity to ask questions or make comments about the case.

A few minutes after the conversation ended, Respondent called right back to make sure lie had included something in his initial response to the complaint about Complainant saying that he would file a complaint if he (Respondent) did not remove the sign. Memo to File? No Entered by: KS

10.. Date and time: February 10, 2012@ 1:36pm. Name: I ony Rosado- Respondent Phone#: 352-638-1858 Summary: I called Respondent to inquire as to the status of his response to a questionnaire-affidavit I left a message on his voice-mail advising him to call me should he have any questions .. Memo to File? No Entered by: KS

1 L Date and time: February 15,2012@ 9:02am. Name: Tony Rosado- Respondent

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Phone#: 352-638-1858 Summary: I called Respondent to inquire as to the status of his response to a questionnaire-affidavit I left a message on his voice-mail advising him to call me should he have any questions Memo to File? No Entered by: KS

12 Date and time: Febmary 17, 2012@ 1:58 p.m. Name: Tony Rosado - Respondent Phone#: 352-434-2719 Summary: I called Respondent on his personal cell-phone to inquire as to the status of his response to a questionnaire-affidavit I left a message on his voice-mail asking him to retmn my call at his earliest convenience .. Memo to File? No Entered by: KS

13.. Date and time: February 22,2012@ 10:18 am Name: Tony Rosado- Respondent Phone#: 352-434-2719 Summary: I called Respondent on his personal cell-phone to inquire as to the status of his response to a questionnaire-affidavit. I left another message on his voice-mail asking him to retmn my call at his earliest convenience Memo to File? No Entered by: KS

14 Date and time: February 22,2012@ 1:33 p.m. Name: Tony Rosado - Respondent Phone#: 352-638-1858 Summary: Respondent called and left a message on my voice-mail at 12:25 p.m. asking me to return his call; this call was in response to his voice-mail Respondent reported that he had just been released from the hospital last evening after having spent some time there due to health issues.. Respondent said that he had not had the time to complete and fax the affidavit back to me but would complete it and would try and have it retmned to me by tomorrow afternoon .. He accepted the staff's fax number and said that he would retmn it to me via fax Memo to File? No Entered by: KS

15. Date and time: February 23, 2012@ 4:00p.m. Name: Tony Rosado- Respondent Phone#: 352-638-1858 Summary: Respondent called to advise that he hasjust completed the affidavit and inquired of the staff's fax number in order to forward his response.. Respondent was advised that I would call him either tomorrow or Monday with a final interview. He suggested that I call him on Monday as he has several doctor's appointments tomorrow. It was agreed that I would call him early Monday morning. Memo to File? No Entered by: KS

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16. Date and time: Februruy 23,2012@ 4:28p.m Name: Tony Rosado- Respondent Phone#: 352-638-1858

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Summary: Respondent called to advise me that he had tiied to fax his response to the questionnaire-affidavit but he had received a message that there was an enor and did not apperu as though the fax had gone through I told him that I would check the fax machine to see if anything has come through and after checking, I advised him that there was nothing on our end here It was agreed that he would e-mail the response to me at keith smith@myfloridalegaLcom. Memo to File? No Entered by: KS

17. Date and time: Februruy 23, 2012@ 4:38p.m Name: Tony Rosado- Respondent Phone#: 352-638-1858 Summary: Respondent called and. left a message on my voice-mail saying that he hademailed his response to the questionnaire-affidavit and he wanted me to call him to let him know that I had received it. Memo to File? No Entered by: KS

18.. Date and time: Februruy 24,2012@ 7:46a.m. Name: Tony Rosado- Respondent Phone#: 352-638-1858 Summary: I called Respondent and left a message on his voice-mail advising him that I was in receipt of his response to the questionnaire-affidavit He returned my call a few minutes later and it was agreed that I would speak to him again on Monday relative to a final interview. Memo to File? No Entered by: KS

19.. Date and time: February 27,2012@ 7:48p.m. Name: Tony Rosado - Respondent Phone#: 352-638-1858 Summary: I called Respondent for the purpose ofthe final interview and to review the case with him After providing him with a brief synopsis, Respondent said that he wanted to emphasize that nowhere on his website did it mention that he supported Mr .. Crumichael; that was just for informational purposes .. He added that maybe it's a matter of interpretation. Respondent also added that he wanted to reiterate that he believes that Complainant would not have filed his complaint had he done what Complainant wanted him to do, buy lruge signs to post an apology and to post an apology on his website Respondent was advised that he would receive a copy of the Report of Investigation soon and it would include a cover-letter explaining to him what he can do next Respondent confirmed that his mailing address is: 625 Pearl Stieet, Mascotte, FL 34753 .. Memo to File? No Entered by: KS

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20. Date and time: 04/23112; !2:41pm Name: Respondent Phone #: called me Summary: R called in response to receipt of his notice ofheming R left a voice message stating that he would like to request the heming be postponed because his wife is scheduled to have a c-section on May 7, 2012 and that he would not be able to travel to Tallahassee on May 8, 2012.

@3:3pm, I retwned R's call. I retmned R's call. I explained toR that he should file a "motion for continuance" smnmmizing the reasons he needs to postpone the heming. I reminded him that if"granted" the next heming date would be August 14 or 15, 2012 and that futwe continuances me not likely granted for convenience sake ..

I also explained to R that it would be up to the Commission to either grant or deny his motion and that if they denied his motion for continuance his hearing would be a go on the 8'h of May without him present

I suggested R email his motion for continuance ASAP to [email protected] . Memo to File? No Entered by: DMalphurs

21. Date and time: 04/27/12; emly afternoon Name: Respondent Phone#: 352-638-1858 Summary: I called R to query the status of his motion for continuance for consideration at the May 2012 meeting Respondent stated that he had emailed his motion but would double check his email and let me know. R stated that he is in a meeting right now but will call me back later. Memo to File? No Entered by: KS

22. Date and time: Name: Phone#: Summary: Memo to File? No Entered by: KS

23. Date and time: Name: Phone#: Summary: Memo to File? No Entered by: KS

24. Date and time: Name:

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Ploasu print or type your name, mailing ~ ,ddress, agency namo, and position botow:

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THIS STATEMENT REFLECTS YOUR FINANCIAL INTERESTS FOR THE PRECEDING TAX YEAR, \MHE rHER BASED ON A CALENDAR YEAR OR ON A FISCAL YEAR PLEASE STATE BELOW WHETHER THIS STATEMENT IS FOR THE PRECEDING TAX YEAR ENDING EITHER (must check one):

Cl DECEMBER 31 2010 QR !l SPECIFY TAX YEAR IF OTHER THAN THE CALENDAR YEAR --------MANNER OF CALCULATING REPORTABLE INTERESTS: THE LEGISLATURE ALLOWS FILERS THE OPTION OF USING REPORTING THRESHOLDS THAf ARE ABSOLUTE DOLLAR VALUES WHICH REQUIRES FEWER CALCULATIONS, OB USING COMPARATIVE THRESHOLDS, WHICH ARE USUALLY BASED ON PERCENTAGE VALUES (see Instructions for further details) PLEASE STATE BELOW WHETHER THIS STATEMENT REFLECTS EITHEB (must check one):

Q COMPARATIVE (PERCENTAGE) THRESHOLDS QR Cl DOLLAR VALUE THRESHOLDS

,.>ART A- PRIMARY SOURCES OF INCOME [Major sot~rces of Income to the reporting person] (If you huvo nothing to roport you must writo "nono" or "niu ')

NAME OF SOURCE SOURCES DESCRIPTION OF THE SOURCES OF INCOME

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NAME OF NAME OF MA.JOR SOURCES ADDRESS PRINCIPAL BUSINESS BUSINESS ENTilY OF BUSINESS INCOME OF SOURCE ACTIVITY OF SOURCE .

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PART C-REAL PROPERTY [Land, buildings owned by the renorting person] FILING INSTRUCTIONS fo,

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TYPE OF INTANGIBLE BUSINESS ENTITY TO WHICH THE PROPERTY RELATES

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PARTE- UABJLlTIES [Major debts} (If you have nothing to roport you must write none o• n/a')

NAME OF CRED!TQI>: .. ADDRESS OF CREDITOR

1--·- I\ II --\ 1- :..-;--

1--- I I ----

-------··-----' -' PART F- INTERESTS IN SPECIFIED BUSINESSES [Ownership or positions in certain types of businesses]

(If you have nothing to report you must write 'nona' or "nla"')

BUSINESS ENTITY# 1 BUSINESS ENT!W # 2 BUSINESS ENTITY# 3 -- ·1---NAME OF BUSINESS ENTITY

-- -·------·--ADDRESS OF BUSINESS ENTITY

·- ---- 1-- --·-·-r----·----------PRINCIPAL BUSINESS ACTIVITY -·------r-- -·- -,OSITION HELD WrfH ENTITY

.. , OWN MORE THAN A 5% INTEREST IN THE BUSINESS -- -NATURE OF MY OWNERSHIP INTEREST

IF ANY OF PARTS A THROUGH FARE CONTINUED ON A SEPARATE SHEET, PLEASE CHECK HERE 0

SIGNATURE (rcqulr¢?Jr.-·~·L8 t-2.~-.... -~_,... · DATE SIGNED (required): C(~ s :JoU -·l oo,O .

FILING lNSTRU.....C.TIONS:. WHAT TO FILE: WHERE TO FILE: WHEN TO FILE: After completing all parts of this form, '1ncluding If you wore mailed tho form by tho Commission lnltfal/y each local officer/employee, stato signing and da!Jng It, send back only the first on Ethics or a County Supervisor of Elections for officer, and specified st<~tc employee must shoot (pr;~ges 1 and 2) for li!ing your annuol disc!osuf(J filing retum the form to file within 30 days of the date of his or her

that location appolntment or of tho beginning of employ· If you have nothing to report in a particular Local officorslomploycos file with the Supe!Vlsor mont Appointees who must be confinncd by section, you must write ·none· or "nra" In that of Elections of tho counly in which they poffna· the Senate must fife prior to confirmation, oven section(s) nently reside (If you do not permanently reside if th.st is less than 30 cte:ws from the date of their

in Florida file wlth the Supervisor of the county appointment

Facsimiles wl!l not bo acccptod whero your agency has its headquarters) Candidates for publicly-elected local offiw

NO'fE: State officers or sps·cificd state emp/oycos must fila at the same time they filo their

MULTIPLE FILING UNNECESSARY: file with tho Commission on Ethics. P.O Drawer qualifying papers

Generally, a pernon who has filed Form 1 for a 15709, Tallahassee, F'L 32317»5709; physical Ther~Mftcr, local offlccrs/ernployocs state

calend<~r or f!scal year is not required to fi!e a address: 3600 Maclay Boulevard South Suite officers, and specified stale employees are

second Form 1 for the same year. However, a 201 lanahassoe Fl 32312 required to file by .July 1st fol!owin{l each

c.sndidate who previously li!ed Form 1 because Candidates file this form together with their calendar year in which they hold their posJ ..

of <mother public position must at least fils a copy qual'lfying papers lions

~t his or her original Form 1 when qualifying To determino what category your position Finally at the end of office or employment,

falls ur.dcr see the 'Vvho Must File" Jnslructlons each local officer/employee. :;tate officer, and

L on page 3 specified state employee is required to fifo a final disdosure form (Form 1F) withir1 60 days of leaving office or employment - -

______ .. ___ ._, .. _, _____ .,_ ........ _____ .,_,.., .... CE FORM 1 . Etroc:l\o<}: J;mual)' 1 2011. RMw!oRu:o34.S.202 (1) F.AC PAo:;;E 2

I

FLORIDA ELECTIONS COMMISSION The Collins Building

Mr. I ony Rosado 625 Pearl Street Mascotte, FL 34753

107 West Gaines Street, Suite 224 Tallahassee, Florida 32399-1050

(850) 922-4539

January 25, 2012


· Dear Mr. Rosado:

The Florida Elections Commission needs additional information concerning the complaint filed against you with the Commission.. Therefore, please complete the attached questionnaire, have it notmized, and return it to me by February 10, 2012

. The first pmt of the affidavit includes questions relative to your prior political experience.. The remaining questions pertain to yom website and the campaign sign

Thank you for yom cooperation in this matter Please let me know if you have any questions

Sincerely,

11:4~ Keith Smith Investigator

Enclosme: Affidavit of Background Information

InvOll (6/08)

{ __ : I '

AFFIDAVIT OF BACKGROUND INFOR.t""IATION Case Number: FEC 11-244


Tony Rosado, being duly sworn, says:

1 This affidavit is made upon my personal knowledge ~ ...., ,.,.,(/) _ _52 ~::-1 ...... .;;;tl.

2 I am of r.egal age. and competent to testify to the matters stated her~ I ~ cmfflly

employed by C\,{y (!J:f? ~4~- as JJI:'¥1-1PtL-_~~ ;: C) . g., .r:: m :;::r- . -

3. Have you ever run for public office? If so, please name the office(s)~~riJ:oror a~the date(s) ofthe election(s) you ran in !:2> ~- d

NO\/ r;}olb G,._tf"< Gi'J~Nu i_ __ fVoV 'JOJ(;{ ~ M1to12- -~ \14-eK ~ti--6A~ ------·---·-------··-·----------

4 Have you ever been appointed to act as a campaign treasurer (or deputy treasurer) for a candidate? If so, please name the candidate(s) you served as treasmer, the office(s) the candidate ran for, and the dates of the election(s).

__ _N0) ___ _ ---------... ··----·-----·--·-··----

5.. Have you ever held the office of chairperson or treasmer for a political committee? If so, please list the names and addresses of the committees and dates when you held the position.

-~-----·- ----··-·-------·---··------·-·-··· . ·--6 Have you ever held the office of chairperson or treasmer for a committee of continuous existence? (Committee of continuous existence is defined in Section 106 04, Flmida Statutes.) If so, please list the name and addresses of the cormnittees and dates when you held the position.

NO ·------------------7 What action have you taken to detennine your responsibilities under Florida's election laws?

~-f\N~ c:-{ec.\WI---J 0 -b---"7 ?lor 1 cl151

· Jnv040 (6/08)

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1

8.

9.

10

' I

Do you possess a copy of Chapter 104, Florida Statutes?

If so, when did you first obtain it? ___ _

Have you read Chapter 104, Florida Statutes?

The following questions pertain to YQUI website

(

0No

11 According to Gayle Jones of Webvelations, you paid for a portion of the website by means of check #0091 and the remainder in cash Was the check issued as payment issued from your campaign account or your personal accmmt?

·-··------·--·····---------12 When the website was initially created on or about August 5, 2011, did it include the button, "CODY CARJVHCHAEl FOR CilY COUNCIL," as well as the information about Mr Carmichael? Ifnot, when was this information added to the website?

__ NG ·--: _______ ~c\_'S~~L. LJ!AePJ __ j ___ ~1: __ .1.t: __ W ____ _:h.~---.1~~{-.e_ . ·---.... -·-·-·---·-·------· 13 . In your response, you indicated that you inseTted information about Cody Carmichael onto yom website and thought his story might be of interest to the public. Prior to displaying this information onto your website, did you advise him that you intended to display information about him on your website? J

3\(-- ~ ____ J\j a -__ <D-J'E- _it::_· ___ \_ .. J.:_) --

--·------·- ---·----14 Did you charge Mr Carmichael anything for displaying his information on yom website? If so, please specify the amount.

15 Did you get the infmmation and the photos used as part of the s1ideshow directly fiom Mt. Carmichael? If not, please explain how you obtained the information/photos.

\,~ IN~~ N-oT Or-J d,J~- ~ 'SbJe.-56400

16 Did you consider displaying information about the other candidates seeking office in

Mascotte on your website? tA, e~ (~vd-- ~ ~ (~;! J-e)\d \ (Ovi J tviJJ-

5D l D I r-x:s·--

I '

---------

17. In your response, you indicated that when it was brought to your attention that having information about Mr. Crumichael on your website could be a violation, you had the information removed Was it Mr Ehnore that brought this to your attention or someone else? If someone else, please identify the individual and briefly describe the conversation.

\A If\=~ _ _::9\,~~--N·;1J,.eJJ __ __f;H.4?- <'2-e>iq

4 !VC~ i- rf; __ _j.£>L1.4--J.(f-

t1~~~L-·------------

18 As part of your response, you indicated that you had the information about M.r Carmichael 1 emoved fiom your website When (on what date, approximately) was the information removed fiom the website? (Mr. Elmore's complaint was notarized on October 12, 2011 and with his complaint he submitted the webpage at issue which included the information about Cody Carmichael)

______ As, __ gq:r~ . AS----4: W'4:s .. 5\--£~\d __ _Lt . CAM~ -~)g-- ~~,~ __ llCcl. _____ st-a----..1.±---V-l~> c2~ o IA::-19. Prior to displaying the infOJmation about Mr. Carmichael on your website, whom did you consult or seek guidance from to determine whether this activity might be construed as aiding or promoting another candidate's election to office?

The following questions pertain to the sign

20 From a review of your response, it is my understanding that you had JElly one campaign sign posted and that sign was located at your residence. Is that collect? 0'Y es ( ) No. If no, please explain otherwise

21 From a review of your response, it appears as though the intent of the sign was to let the citizens know that they could ask Mr. Ramirez and Mr Elmore about the city's debt If so, why vvould you only post one sign, instead of multiple signs, and why post it at your residence, instead oftluoughout the town? --L

Inv040 (6.108)

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22 When (on what dat(), approximat<lly) was th<l sign first posted? Did you keep the sign posted throughout the duration of the campaign?

_J;-1{1£ I_ ·1 \.4 IIJV \1 lJ- tV~ s II\. I ~-- '. ~ yC'r;._ __ J__~_,_~-__,_-~=-_,..,S'-\-,c6?-'s-tq;"""'7'-------LtL.:::N __ ~ V4vof 1 HEREBY SWEAR OR AFFIRM lHAT THE FOREGOING INFORMA'IION IS TRUE AND COR~IO

IHE BESI OF MY KNOWLEDGE.. ___

0_. _ ............. --------,------

c --.... ___ \ ~


Sworn to (or a:tfirmt:d) and subscribed before me this f}. 3 ..... da)' ot

__ _c,_bctw.R1------ -~ 201.&-

tlQ]L·~ v;,-H-1.'-e o><;f2'NC':otary"""'P;;"u7:blic ·State of Florida

Pdnt, ype, 01· Stamp Commissioned Name of Notal)' Public

Personally Known _L_ or Ploduced Identification-=::_-:::_

I'ypc of Identification Produced: ______ -_-:_·----

Cas·e Investigator K:S

hw040 (6/0S) 4

c~

Case No: FEC 11-244 Jim Gleason to: keith . .smith 02/23/2012 04:45PM Cc: "Tony Rosado" Show Details

1 Attachment

~ I ony Rosado-FEC-11-244 .. pdf

E-mailed per the request of Mayor Tony Rosado-City of Mascotte

Jim Gleason ICMA-CM City Manager City of Mascotte 100 East Myers Blvd Mascotte, FL 34753 352-429-3341-ex: 10 Fax:352-429-3345 jim .gleason@cityofmascotte com

Page 1 of1

"Few will have the greatness to bend history itself; but each of us can work to change a small portion of events. It is from numberless diverse acts of courage and belief that human history is shaped. Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of cnel'!,'Y and daring those ripples build a current which can sweep down the mightiest walls of oppression and resistance." -Robert F. Kennedy

Under Florida law, e-mail addresses are public records. If you do not want your email address released in response to a public .. records request, do not send electronic mail to this entity .. Instead, contact this office by phone or in writing.

file://C:\Users\smithk\AppData\Local\Temp\notesFCBCEE\-web2175 .. htm 2/24/2012

RE: Documents request sales to: 'Keith Smith'

I nvoice518. pdf

Here is the invoice I provided ..


to this Invoice Check Cash cash

0091 24 7 00 209 .. 00

01/24/2012 05:44PM

I tried to get a copy of the check from USB online but since it's back in August, I cannot access it.


-----Original Message-----From: Keith Smith [mailto:Keith.Smith®myfloridalegal com] Sent: Tuesday, January 24, 2012 1:20 PM To: sales®webvelations com Subject: Documents request

From: Keith Smith <Keith .. Smith®myfloridalegaLcom> Subject: Documents request

Message Body: Ms .. Jones, on or about Jan .. 5th, I mailed to you a letter requestind documents relative to work performed for Tony Rosado, a former candidate for Mayor of the town of

·Mascotte .. At your earliest convenience, please let ne know the status of my request Thank you for your cooperation in this matter .. Keith Smith, Investigator Florida Elections Commission

This mail is sent via contact form on WEBvelations http://webvelations com

832 Marquee Drive Minneola, Florida 34715 mobile: 321-689-6874 sa1es@webvelatioi1S .corn

Invoice For:

Tony Rosado Tony fur Mayor! Mascotte, FL 34753

june Items

I Service llouantityll Description

Invoice

Date: 8/5/2011

Invoice Number: 518


I IIArrountll SubTotal I

loeveloprrent Hours ICOiwordpress website, custom theme with social rredia for Mayor Garrpaignjl $80.ooll $400,001 !Hosting ICJDiannual hosting forwww .tonyrosado.net II $4.ooll $4s.ool Domain Narre ICJiwww ..tonyrosado.net domain registration 1~1 $8001 Registration

Grand Totat $456 00

f--'

(_-___ _

'


Affordable Signs 192 W. Highway 50 Clermont, FL 34711

RE: Case No.: 11-244

Dear Cindy:


(850) 922-4539

January 18,2012

I am in receipt of a copy of the work order you provided relative to the sign produced for Mr Rosado's campaign ..

Thank you again for your cooperation in this matter

Inv027 (2/02)

Sincerely,

Keith Smith Investigator

Affordable Signs 192 W.. Highway 50 Clermont, F L 34711

/

1.

FLORIDA ELECTIONS COMMISSION The Collins Building, Suite 224

107 West Gaines Street Tallahassee, Florida 32399-1050

(850) 922-4539

January 5, 2012


Dear Sir or Madam:

RECEIVED

ZHIZ JAN 1 8 A q: 33

STATE OF FLORIDA ELECTIONS COMMISSION

The Florida Elections Commission is charged with the responsibility of investigating violations of Chapter 104, Section 105 071, and Chapter 106, Florida Statutes .. As part of that responsibility, the Commission is required to obtain information from vendors, organizations, and individuals who may have information about the su~ject of the Commission's investigation

According to his campaign reports, Mascotte Mayoral candidate Tony Rosado listed several expenditures to your company for the purpose of "signs" relative to his November 2011 campaign Our office is interested in whether your company published a particular sign (copy enclosed) for Mr. Rosado's campaign ..

Therefore, if your company did publish the sign in question, the Commission requests that you provide a copy of an invoice as well as a copy, if possible, of the payment instrument (check, credit card receipt, etc.) used to pay for the sign by January 19, 2012

Should you require a subpoena, please let me know. Pursuant to Sectidh 106 26, Florida Statutes, the Commission is authorized to subpoena witnesses and documents to assist in its investigation

Thank you for your cooperation in this matter. Please let me know if you have any questions ..

lnv018 (2/02)

Sincerely,


192 W .. HWY 50 CLERMONT, Fl 352-241-7645

WORI(<:JRDERS DATE: 9} 0011 DATE READY: -- ,_:. __ R_..:E..:::.C.Ei\/ED

NAME: \Cf\L{ ~) ZDIZ JAN f!_A q: 3:3

ADDRESS: ---· ,.£L{lif!DrFLORfDA PHONE: . · · ' · . ., ~S,P..Q/;1/il.SSIPH

SUBSTRATE: L{ ~N\. Qyfl_0 _ QUANTITY: \ SIZE: FONT: --COLOR: PRICE: Nl> ~:.Qk-{:- INSTALLED: Y OR N

FILE NAME-=~~D0-~-----·-SPECIAL INSTRUCTIONS

DEPOSIT _____________ BALANCE. __

"ACCEPTANCE OF PROPOSAL" TIIEABOVE PRICFS, SPECIFICATIONS AND CONDIDONS ARE SATISFACTORY AND ARE HEREBY ACCEPI'ED. YOU ARE AUI'HORIZED TO DO TilE WORK AS SPECIFIED. IF FOR ANY REASON !DECIDE THAT I DO NOT LIKE COWR, SIZE OR DESIGN AFfER APPROVING, I UNDERSTAND THERE WllL BE A CHARGE FOR REMOV ALAND REPlACING WITII NEW DESIGN. PAYMENTWllLBE DUE UPON COMPLETION.

50% IS DUE UPON ORDER, BAlANCE DUE UPON COMPLETION OF SIGN! DATE: SIGNATURE:

'3, '' ·- : · ...

' ' lllli

,,, , r

'F. , ··v·.'o ... ' .. ·'···.,·.,y·,.·.·.·· ·'· .. -. - .. --· ~ :·,· (

. - _.. - .

TH~E~ ,,'S····· '

El

ll···

E~. T

s .Y

· advertlsement,paJd for and approved by Tony Rosado

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I


Mr Cody Carmichael 76 Tuscanooga Rd. Mascotte, FL 34753


(850) 922-4539

January II, 2012


Dear Mr. Carmichael:

The Florida Elections Commission is charged with the responsibility of investigating violations of Chapter 104, Section 105 071, and Chapter 106, Florida Statutes As part of that responsibility, the Commission is required to obtain information from vendors, organizations, and individuals who may have information about the subject of the Commission's investigation. You are not the subject of the Commission's investigation The Commission requests that you complete the enclosed affidavit, have it notarized, and return it to me by January 25, 2012

The affidavit has to do with information displayed about you on a website; a copy is enclosed for your convenience ..

Thank you for your cooperation in this matter Please let me know if you have any questions.

Enclosure: Affidavit

rnv017 (2/02)

Sincerely,



( , I' '

AFFIDAVIT OF INFORMATION Case Number: FEC 11-244

Cody Carmichael, being duly swom, says:

1.. This affidavit is made upon my personal knowledge

2.. I am of legal age and competent to testify to the matters stated herein I am currently

employed by ___________________________ as. __________________________ _

3. How did information about you and photos of you used in a slideshow make its way onto a campaign website belonging to Tony Rosado? Please explain .. For example, did he approach you about this or did you approach him?

4.. Did you provide the information and the photos used in the slideshow? If so, to whom did you provide this to?

5.. Did you have any input into what or how the infonp.ation and slideshow would be presented on the website?

6. Did you have to pay anything for the information and slideshow to be displayed on the website? If so, please specify the amoU!lt

lnv041 (6/08) 1

( ( '

7 Mr. Rosado's website gave the appearance of aiding or promoting your campaign In return for having your information displayed on his website, did you display information on your website, or other form of advertising, that could be construed as aiding or promoting Mr .. Rosado's campaign?

I HEREBY SWEAR OR AFFIRM IHAI IHE FORGOING INFORMAITON IS IRUE AND CORRECT 10

IHE BESI OF MY KNOWLEDGE.


Sworn to (or affirmed) and subscribed before me this day of

--------------------------------------------------,2012,_----------

Signature of Notary Public~ State of Florida Print, I'ype, or· Stamp Commissioned Name of Notary Public

Personally Known ______ or Produced Identification ______ _

Type of Identification Produced:---------------------

Case Investigator KS

Inv041 (6/08) 2

(

RE: Request Michelle Hawkins to: Keith Smith

Here is the information that you requested

CODY CARMICHAEL- SEAT 5 352-429-0559 CCARMICHAEL1991®AOL.COM

76 Tuscanooga Road Mascotte, Florida 34753

Thanks

Michelle Hawkins, CMC City Clerk City of Mascotte 352-429-3341- Phone 352-429-3345- Fax michelle hawkins®cityofmascotte.com

01/11/201211:33AM

Please note that City Hall is open Monday-Thursday 7:00am-5:30pm, and closed on Fridays ..

PLEASE NOTE: Florida has a very broad public record law Most written communications to or from City officials regarding City business are public records, available to the public and media upon request Under Florida law, e-mail addresses are public records.. If you do not want your e-mail address released in response to a public recor·ds request, do not send electronic mail to this entity Instead, contact this office by phone or in writing ..

PLEASE NOTE: Florida has a very broad public record law Most written communications to or from City officials regarding City business are public records, available to the public and media upon request. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity.. Instead, contact this office by phone or in writing

-----Original Message-----From: Keith Smith [mailto:Keith Smith®myfloridalegal com] Sent: Tuesday, January 10, 2012 2:32 PM To: Michelle Hawkins Subject: Request

Ms. Hawkins:

I have one additional request, please Could you provide me with the address of Cody Carmichael, who, as I understand, was a candidate during the November 2011 election

Thanks again for all of your help ..

Keith Smith, Investigator Florida Elections Commission 107 West Gaines Street - Suite 224 Tallahassee, FL 32399-1050 (850) 922-4539 x112

, I

Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure

01-09-12; 12:25 ;CityofMascotte

(-

Keith Smith Florida Elections Commission Cabinet Meeting Room, Room Ll. 03, 400 S Monroe St Tallahassee, FL 32399 850·921-0783


18509210783



# 1;

1""1 ,... ~ I'TtU) ;::::; C"'>-1

Mr. Keith Smith, ~~ ~ i"11 z···- 0 In response to our conversations about case number FEC11-244 concerning the campaign sign an~ pa~ the i71 following explanation Will hopefully cleat' the matter g., -

~~ )> < -~- m 1.. Campaign Sign: There was only one (1) campaign sign posted and that sign was located ~resttl!lnce 0

The approximate sJze was 2 feet by 2 feet. The sign never accused any candidate of steal milligl · dollars of city funds, What was referenced on the sign was if c~izens had questions as to the ~got Into debt for $3 million they should ask Mr Ramirez and Mr .. Elmore, The point behind the sign was the city had borrowed $3 million to plan, parrnit, design and buy land for a wastewater treatment system that was never built while Mr. Ramirez and Mr. Elmore served on the city council. $1 5 million of the $3 was spent on a 5 acre pit valued at $100,000 With the balance going to design and permitting ofthe treatment plant The city currently owes the $3 million and there is no revenue coming to the city to pay the principle or Interest sine"' the facility was never built I felt it was an appropriate question for the citizens to ask how two fanner incumbents why the gambled on a $ 3 million dollar Joan at the time when there was a downturn in the economy and there was no viable plan to demonstrate how the loan would have been paid if the economy had not slowed, If questioning former elected officials for getting tha city Into $3 million dollars of non revenue producing debt is crime then when is it appropriate to question public officials for past spending practices and decisions?

2 Web Page: This is the first time I have ever had a web site, I had only been in office one year as a city counc/lmember before deciding to give up my seat and nm for mayor. I thought a web page would be a good way to reach voters through social media In the process of setting up my web page I inserted Information about a Mr .. Cody Carmichael a 19 year old resident who hed announced he was running for a council seat I never endorsed or promoted Cody but thought his story of being such a young man running for office might be of interest to the public. When it was brought to my attention that having Mr, Carmichael on my campaign web page could be a violation since there was no disclosure as a candidate' I had the article removed immediately, I spoke wdh Mr,. Holland from Elections <'Mil missions office; he had a picture of the yard sign and Indicated there did to appear to be any problems with the sign Mr. Holland then asked if I was aware that It was inappropriate to have Mr .. Cennichael on my web page and advised I did not since this was the first time I had used a web page and was not versed on the techn/caliUas .. I was asked what I did when it came to my attention that Cody should not be on the web page I advised Mr, Holland I had it removed Immediately. In a meeting With Mr .. Elmore over this matter he stated he would file a campaign violation if I did not issue a public apology and purchase two large campaign signs and post them on state road 50, I advised him I had corrected the web page and would not remove the one campaign sign from yard since it did not accuse him of anylhing Mlegal but did leave the questions as to his judgment when it came to spending the public's money and I refused to buy two campaign signs to promote Mr Elmore nor did I post an apology on lhe web page

Sincerely,

Tony Rosado

'-·~------- I

W ebvelations 832 Marquee Dr Minneola, FL 34715



(850) 922-4539

January 5, 2012

RE: Case No .. : FEC 11-244

Dear Ms .. Tones:

The Florida Elections Conunission is charged with the responsibility of investigating violations of Chapter 104, Section 105 071, and Chapter 106, Florida Statutes .. As part of that responsibility, the Conunission is required to obtain information from vendors, organizations, and individuals who may have information about the subject of the Commission's investigation.

According to his campaign reports, Mascotte Mayoral candidate Tony Rosado listed making two expenditures ($247 on 08/05/11 and $200 on 09/30/11) to your company for the purpose of"website" relative to his November 2011 campaign ..

Therefore, the Commission requests that you provide the following documents from your files: Copies of any and all invoices for services rendered and, if applicable, a copy of the payment instrument (check, credit card receipt, etc.) used to pay for the services

Should you require a subpoena, please let me know Pursuant to Section 106 26, Florida Statutes, the Commission is authorized to subpoena witnesses and documents to assist in its investigation ..

Your cooperation in responding to this request no later than January 19, 2012 would be greatly appreciated Please let me know if you have any questions.

lnv018 (2/02)

Sincerely,


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Rcgisn·:::u: WII. D WEST D:)HAINS INC

l'lhois Set"~~r: ,.,hoi~l '~·ildwestdomains ::;-m R<?:feu.-,'"\1 urn: !lttp: 1 ,'~<wlv wil:iwest.domnins com NJmC· S~c·xvt:-.r.: NS.33 DOMATNCONIROX. (OM

N:tnl<2' Se:t:vel·. NS.H DOMAINCON!RO.L COM

Stat11 :~ .· cl i entDel<~rePt ·::>hihi ted Sl:.nuR: c.l ·: ent Re:t~C·wPJ Dh.i.b.i te:l

St.nus: r; lie.'lt: lr.m,~·t'~rPI·ohibited

1>t at us, c:J.ient"Updat.C!Prohibi ted Up0.;~tcd Dne: :)5 aug ·201.1.

creation Date: OS~CJ.~1g~2011

Expiration Date: o~: ·m;g .. ·2012

fEJ tony-rosado ... stcvens ...

NOHCE: Ih,~ cxpir:tti·:m dOLl~.e <'lidf,l.TfCd it: t:hiSJ le;,.;cd is the dOLl"(~ ti'::~

n':=_;i.:~tJ<u.'s sprnsoJ-sh:r: ·.Jf tl::i•o donnill :1<:\lf-C x.egJ.st·r.~ti::m in the Jegi.sl.ry :i~1

cr.trt·entJ.y set to -~xp.i:::·e lhis d-;.~re j'.x.s not necesse_r.il)- -retle·~t the expitati.cw d"it.e of t:.he (l'Jn:air n-;.r~e l.'!gJ.strzu.tt :> ,Jgreement ~o.ith the r,pm1.!nring 1:eg:!.st·r~~- IJs.c~s n:;-.y ""'X1:::<.:J.,· thE· sponsot-ing ·r:eg.istr.a·r- c; ~\bois ::l>t:J.b<\sc to

,,:i_'"'~ tl:e te~Ji:iltr:OI.:r 3 l:<";:crtcd 1ate of e:q::f.rdti:m for thi.c; le;)'isCI:Itior:.

IERMS :..0;:· USE: tc.u are r·0t c;tUtl'rcr.i.zeC tC .;·~c:esH OT q::.C.l.} OIJY \'lho.is d~c-;.~:)'~"':00 tl:'rO\I~lh t:Jf~ t·.se ·:.£ ele·~.tl ~)rri.<- pr-'Y.::esses tll::<t are. lli_gh.-vol>)u·.e ar:·J ,)'.ltOn'<.~t~j ex~ept c1s reJ.s::>nabl} ue.:~~:;rstH} to r·eg:i.stm: -'l.omain nam·~s cr n1cd:lfJ-· ex.i.st.io.g n:g.i.s~J_.;,t.icns· th"' f.;.>t:t i:1 ·.;er.i.S:ign Glcb~l Regi.st·c~

Se·lvi<.·es VeriSign ; wboi.s database :i.s prcvided l:-j ~·et'iSign fo:.c inforrotion p<.~rposes o~l.} and tc ::ts3ist. perscns ir: cbtaining inf::)J:rna.t:i.cn ab.c;ut· :::1.1: !'<:'lilted tc a dL'll'llaL1 nome .u:-ogist:r.;-tion record VeriS.ign does net

http://www.whois .. net/whois/tonyrosado .. net 115/2012

Affordable Signs 192 W Highway 50 Clermont, FL 34711


107 West Gaines Street Tallahassee, Florida .32399-1050

(850) 922-4539

January 5, 2012

RE: Case No .. : FEC 11-244

Dear Sir or Madam:

The Florida Elections Commission is charged with the responsibility of investigating violations of Chapter 104, Section 105 .. 071, and Chapter 106, Florida Statutes .. As part of that responsibility, the Commission is required to obtain information from vendors, organizations, and individuals who may have information about the subject of the Commission's investigation ..

According to his campaign reports, Mascotte Mayoral candidate Tony Rosado listed several expenditures to your company for the purpose of "signs" relative to his November 2011 campaign Our office is interested in whether your company published a particular sign (copy enclosed) for Mr .. Rosado's campaign

Therefore, if your company did publish the sign in question, the Commission requests that you provide a copy of an invoice as well as a copy, ifpossible, of the payment instrument (check, credit card receipt, etc . .) used to pay for the sign by January 19, 2012

Should you require a subpoena, please let me know Pursuant to Section I 06 26, Florida Statutes, the Commission is authorized to subpoena witnesses and documents to assist in its investigation

Thank you for your cooperation in this matter Please let me know if you have any questions

lnv0!8 (2/02)

Sincerely,


(·

To: Michelle Hawkins@CityofMascotte com Cc: Bee: Subject: Additonal information

~~~~~~~~~~~·------------~--~~-----

Ms. Hawkins:

In addition to providing me with a copy of Mr. Rosado's most recent Form 1 or Form 6, and his Appointment-of-Campaign Treasurer form, would you also please provide me with copies of the itemized-expenditures pages from his campaign reports?

Thanks for your patience as I continue to ask for more and more:-)

Keith Smith, Investigator Florida Elections Commission 107 West Gaines Street- Suite 224 Tallahassee, FL 32399-1050 (850) 922-4539 x112

D~ e NoJ 1___,. ZJ) tl FLORIDA DEP:':A~R::T:-;M:;::E::N:::T-;::O:;:F~S:-.:T:::A':T';:E"""':D:':I::':V::":IS:"::IO::N~O':F":E::-L'::E~CT::::I':O~N':S-----··

CAMPAIGN TREASURER'S REPORT SUMMARY

(1) _ ~~v 14-l OY/0 J<.bSadD Name {p )S PeJr/2J EJ~ (2)

OFFICE USE ONLY

~~~~$!/ ~...----... _...:::::::::::~~'L-1

0 CHECK IF ADDRESS HAS CHANGED (3) ID Number: _ ~ ___ _ _ ______ ...

:rns~nd street) ···-:;;> v• · ! R 2)-r?s -=>

City, State, Zip Code

Check appropriate box(es): , 1 J...f~ .. ./...,, f'. · l'~ , ..I-' f5ll Candidate (office sought): MaS~ 1-IC. G 'l L-OLI.-Yl.W -~ .3 0 Political Committee 0 CHECK IF PC HAS DISBANDED

(4)

0 Committee of Continuous Existence 0 CHECK IF CCE HAS DISBANDED

0 Party Executive Committee

0 E1ectioneerin~J Communication f] CHECK IF NO 01 HER ELECTIONEERING COMMUNJCA'TION REPORTS WILL BE FILED

~-------------~--~~~~~~~~~~~~~---~ (5) REPORT IDENTIFIERS

Cover Period:

~Original

From j_Q_ I ( ':)-1 _1\ To _jl I _k I _j_( Report Type

0Amendment 0 Special Election Report 0 Independent Expenditure Report

(6) CONTRIBUTIONS HilS REPORT

Cash & Checks $ 0

Loans $ 0 ------

Total Monetary $ ()

In-Kind $ 2 .., v. ,., ,,

.,..c_ '

(7) EXPENDITURES THIS REPORT

Monetary Expenditures

Transfers to Office Account $ c:7 Total Monet~ry

t---------------f {8) Other Distributions $ C;J

r--·---· ··--·---11---·-- -· --(9) TOTAL Monetary Contributions To Date (10) TOTAL Monetary Expenditures To Date

$ 2.o ::,-f ,, o $ _ .. _LZ:.:Z_Z-_,.3/ ·- .. ···- ·-

~---------------------~---------------------------f (11) CERTIFICATION

It is a first degree misdemeanor for any person to falsify a public record (ss., 839.13, F.S .. )

I certify that I have examined this report and it is true, correct and complete

I certify that I have examined this report and it is true correct and complete

(Type name) 1?/·Nd-, L -Z:/!Afk."- (Type name) Av f-/d/v<" /(~.J,<.,/a Ot~~dividutl! (onl\ ror (13aTreasurer 0 Deputy Treasurer Qa Candidate D Chairperson {only fer PC, PTY &

;z~::;:~;f/~.~~- __ X __ ::s-:fer;:;;?~:=~"" o'''~'-'""_"onl ·-Signature _ ~-J....-S-ignature

- ----------------------05-DE 12 (Rev 08/04)

' CAMPA. •. ill. ASURER'S REPORT- ITEMiZED L~ .. , fRIBUTIONS

(1) Name MAnc+~±lH-J•c..uOh'-'-'o"---'R'-"-=oS""--CL--d_o_ (2) LD Number ------

(3) Cover Period /0 I l<;" I I( through _1{1 '(___; l/ (4) Page l. of J (5) (7) (8) (9) (10) {11) (12)

Date Full Name (6) (Last. Suffix First Middle)

Sequence Street Address & Contributor Contribution ln~kind

Number Citv, State. Zip Code Type Occupation Tvne Doscrir11ion Amandmerlt Amount

/0 I 2Y til K.dt /'J,Ht~, f.'··>~·l _;f./,·"-,~ ,1J·''' !J/,f' p ,..~·fi- p "':;t 2'2Y c ~ :i:Jt <?'•'

_(,• A -· 1/V~-"' vV'; /"{ . .J' "':;

--I I --

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I---·

:--'-/ __ !__

-----l l

--

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------·-------------·· ··- -~-·---------f-----

I l

I I

I DS·DE 13 (Rov 08/03) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

(1)

(3)

CAMPAIGN TREAS~EPORT · ITEMIZED DiSTRIBUT"IONS

Name ~nh 0{'{) f< 6, (2) l D Number

Cover P~::: 101 f':)i ll through J.f! ·"t...1 1/ (4) Page 3 of

(5) (7) (8) (9) (10) (11) Date Full Name Purpose (6) (Last, Suffix, First, Middle) (add office sought if

Sequence Street Address & contributione~o a Related

Number City, State, Zio Code candidate Expenditures Amendment Amount

I 0 I .1& .J..!L P/s~Ap,t;d >if/-d

.!9 ,(.,· j,-,t>: .Jfvl- e,_ ?"'7 ''"'w!..{ .- -- z::>li&J

-

I zS I II K~; #vtz./, 'j

/0 -;?;; k [?, r"';P'·' !Jt,A1

s~~~, .:... .. ,,c~ -- - zzv ,. /~'"""''lie. FL. J'·'r7JJ

I I ·--i

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1---- - -----

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____ .. ______ ____ .. ______ ----.. ·-----····-·- ·--··---·---- --------- -------

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---

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----...... C-.... - .. , .. _,_1 .... -------,=--.. ----·-.-= ----.. ·-;~ DS·DE 14A (Rev 12/07} SEE REVERSE FOR INS I RUCTIONS AND CODE VALUES

/

I ~,------

FLORIDA DePARTMENT OF STATE DIVISION OF ELECTIONS


(1) A: rrti ot10 k'o S<'lni1'J OFFICE USE ONL.Y

N~me ro;;s 0 i?a/( S+- rYlH (2)

~~es~an\~tt) 3 RECEIVED OCT 2 4 2011

a 1 . 3Lt7cS 5:05 City, State, Zip Code P0i 0 CHECK IF ADDRESS HAS CHANGED (3) ID Number:

-·---~·-·-~ -. --- .. ···-····------·-- ----------(4) Check appropriate box(es): ~it. , b:t (o CJ) ~ 3

[)l.candidate (office sought): /: ___ · U ·_ ltA\ · -· · 0 Political Committee 0 CHECK IF PC HAS DISBANDED



[J ElectioneerinfJ Communication [J CHECK IF NO OTHER ELECTIONEERING COMMUNICATION REPORTS WILL BE FILED

(5) REPORT IDeNTiFIERS

Cover Period: From .10 I j_ I _jJ To 1Q_ I~ I J.l Report Type

0 Original 0Amendment 0 Special Election Report 0 Independent Expenditure Report

(6) CONTRIBUTIONS THIS REPORT (7) EXPENDITURES THIS REPORT

Monetary I c>/, "Q Cash & Checks $ 0 Expenditures $

Loans $ C? Transfers to Office -0-Account $ $ b --------------------

Total Monetary Total Monetary $ .-9-

b ---------------In-Kind $

(8) Other Distributions A9-$ ---·····-·-··---~---~------- .... ----~-- .. -·--·--.. -- "'"

(9) TOTAL. Monetary Contributions To Date (10) TOTAL Monetary Expenditures To Date

$ ___ _L 7::5 s-: "" ···--·- $ __ / 3 /</ ,_;_ r:__ ____ _ -

' (11) CERTIFICATION

It is a first degree misdemeanor for any person to falsify a p~blic record (ss. 839.13, F .. S.)

I certify that I have examined this report and it is true I certify that I have examined this report and it is true, correct, and complete correct and complete .

(Type name) Md- L "7)/VVM""' . (Type name) A,vi;'i;,vo Jijj.J,&d-A Qinck,idi.!BI (only· for ~Treasurer 0 Deputy Treasurer ~s-;andidate 0 Chairperson (only for PC PTY & Cl<oliO•ICOiiOO COI>"OIIII ) ~ clcc!iont:ering r:ommun org<lni~·:fltlon)

j .~c;k···~-------~~~~ .. -Signature Signature -· --·

OS~DE 12 (Rev. 08/04)

' ( CAMPA .A ... IEASURER'S REPOR r- ITEMIZE!"';~. .• rRIBUTIONS

(1) Name lkili~on...!'-"o______:_:R~os;t;_cu;lo-==--(3) Cover Period

(5) .

D~te

(1) Full Name

through I 0; (8)

Contributor

(2) I 0 Number

1lf 1 rf (4) Paae ;)( (9) (10) (11)

Contfibulion In-kind (6)

Sequence

Number

(Last, Suffix First Middle)

Street Address & Citv, State. Zio Code Tvoe Occuoation rvoe Description AmoMment

-____ ..... --· -·-

.

I '

of 3 (12)

Amount

C)

::, .. -~~

l------·--+~------l---+-----t-----+-----1----l------

~---!_-l ~-- ----------~-~-----~-------~-----1-----~---~

~------+---------+--+-----+-----4-------l----~----~

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~--------r----------4---t-----+-------l------~----+------

I I

--------- ·----------1--- ------1----1-------

l---·------l---------+---+----1------1-----e----------t I I ___

I DS·DE 13 (Rev 08103) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

~

I

r~:~r~~IGN TREASUR~R'S REPORT · ITEMIZED DISTRIBUTIONS.

(1) Name 1=ffL~lJ() R. 0£uct0 (2) 1D Number -------

(3) Cover Period JDLJ I II through 10 I I ':t I II (4) Page t J of ) - ' (5) (7) (8) (9) (10) (11)

Date -- Full Name Purpose (6) (Last1 Suffix1 First, Middle) (add office sought if

Sequence Street Address & contribution to a Related Number C~y, State, Zip Code candidate) Expenditures Amendment Amount

/<'1/Z-1// / _r;-.,.JA ltk. .1/f:W

.J/.J-P./ I ol. •" ------''--- -- ---&....-d. p..

.::S'-1'" t t --I I

·-----

___ L I

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------------ -----·--,~---·--- --~~------ -···----··--- -----·-··-

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-- .. --

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'------ -

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----- ----;~ ----~-;------ ·------- ----------oS-DE 14A (Rev 12107) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

FLORIDA DEPARTMENT OF STATE DIVISION OF El.ECTIONS


(1) ~J-lirO Ro~ri6\n OFFICE USE ONLY

Name

(o~ ~·t ~+-RECEIVED ocr o s zonY·

j (2)

~xrS:~ds'FL 34-,S-3 City, State, Zip Code -0 CtiECK IF ADDRESS HAS CHANGED (3} ID Number:

·-"""'' " -~- ·----·- ---~----------

(4) Check appropriate box(es):

~~lL\~--~~ ~Candidate (office sought): tL_as,~ 0 Political Committee 0 COOF PC HAS DISBANDED



[] flec;Uonecring Co1nrnunicntion [J CHECK IF NO OTHER El.EC TIONEERING COMMUNICATION REPORTS WILL BE FILED ··-

(5) REPORT IDENTIFIERS

Cover Period: From 9 I 7 I /j To '7 I 3tJ I II Report Type

-~rlginal -- ~- -- --- ----0Amendment 0 Special Election Report 0 Independent Expenditure Report

(6} CONTRIBUTIONS THIS REPORT (7) EXPENDITURES THIS REPORT

7 .5"0 ."" Monetary t:/5 r: "'. Cash & Checks $ Expenditures $ -------------------

$ ·-·-· Loans Transfers to Off!ce

Account $ 0 ?So "o

____ ,._ -----Total Monetary $ Total

,~

j a' Monetary $ ____!::/_ 3 s: -zg .. - --------··-

In-Kind $ -(8) Other Distributions $ 0

----··--- --- -··-- -·-·-' -·-(9) TOTAL Monetary Contributions To Dale.-1'1\1(1~ (10) TOTAL Monetary Expenditures To Date

$ -ztd(--l'r: "0 -~35.60 $ ·--- /;2 0 7, / S"~ -----·-- .... DD·Cly----~ Jb (11) CERTIFICATION

It is a first degree misdemeanor for any person to falsify a public record (ss. 839.13, F .S.)

I certify that I have examined this report and it is true, I certify that I have examined this report and it is true correct, and complete correct and complete : rJ (Typename)~0 L 1Jt?.AJ4~;t.. (Typle name). ·roo (A (.:) tfiJ .[L_ Olndivrdunl (only for ~Treasurer 0 Deputy Treasurer [1J Candidste r;~tChairperson (only for PC PTY &

u~)~ ~ ~mg•mblim<) ,.,.. .......... ___ -

l Signet~- - -------------·· Signature ·--

OS· DE 12 (Rev 08/04)

CAMPA ... < TREASURER'S REPORT - ITEMIL:t:D c'~ ... iRIBUTiONS

(1) Name (2) 1.0 .. Number ------

(3) Cover Period q I q; l l through _s_~_lQ._; t I (4) Page 1 of :l (5) (7) I (8) (9) (10) (11) (12)

Date Full Name (6) (Last. Suffix First Middle) '!

Sequence Street Address & Contributor Contribution In-kind

Number Citv, State. Zio Code Tvoe Occupation Type Descrintion AmM<:!mO:\t Amount

91 Iff II DttsAyi!N-f /;;l-et I ;q.) & bflo,d Jf !),n•1 ~·

jbi<""e/p~d, fl-. 6 .Jic,f-l. ((..//;> zs-ll

I ::J<fVL/

/9 I Z£' It/ t@j /4tutl/i£-e 7flrl..! /

l?J& c Ply/'"" 15 ::Ztv i< St<?Al 2 ,r::·· · r,;vlfc•ll", t=Z-

Cf..'J,w/1.

Z~ ::r·o r,'}---·

p;:, F'A ,;,,ol ;::/d<:/4 :!__~ ''$cP I !L f··]t't3f.M F!J.·,f~~t(f/1"4

~ /)ti-d<~ c.fl'/; (>D

s~-,:rx.,A ;:~.. .S'CP """ 7'1'"- ?1''·1·· j·f

3 ,.~ ;~t.."''

-·--I I

---___ L ___ I

--

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--- -1----·---- ------------- ··--·-------···- ·--

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-·

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I --DS·DE 13 (Rev 08/03) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

' I

CAMPAIGN TREASURER'S REPORT- ITEMIZED DISTRIBUTIONS

(1) Name {J.nton.l 0 _l,_Cf]::tcfO (2) 10. Number -------

(3) Cover Period ~- I r]! (I through ~ I ,:301 ( ! (4) Page 1 of ) -

(5) (7) (8) (9) (10) (11)

Date Full Name Purpose (6) (L.ast, Suffix, Firs!, Middle) (add office sought if

Sequence Street Address & contribution to a Related Number City, State, Zio Code candidate2 Expenditures Amendment Amount

1 1 JO 1J/ 0i'/.>Ve/;r,;~J

.0 ,f-( ff:>"- rn fl"1"'~ D.: ~,J.eb .~

1-----·----- zoo'

f jW).,ve<>l ~ P'- W'71 ;-

7 rl£1 tt /f4) ;? ),U/1. Ji<; ( -z :tff• ;;>s G c .-&y_t?"- a;. -I 5'1 ftJ

)m_.a~c.J-e 1 fZ- ;r11r}

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-1--

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-------- -··------·"-- -------------------

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1---

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f---- '

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-~- -----···-----·····- ----------------~----------~----- ------ ···-----·

DS··DE 14A (Rev 12/07) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

\ . ..-----~~-

FlORIDA DEPARTMENT OF STATE DIVISION OF ElECTIONS

(1)

(2)

(4)


OFFICE USE ONLY

City, Stale, Zip Co e

0 CHECK IF ADDRESS HAS CHANGED (3) ID Number:

Check appropriate box(es): (. l .. ( ~Candidate (office sought): q Cl ~"t (.i-hi eLL Y) d \ :$4::ot 3 0 Political Committee 0 ~IF PC HAS DISBANDED



[] Electioneering Communication 0 CHECK IF NO OTHER ELECTIONEERING COMMUNICATION REPORTS WILL BE FILED


Cover Period: From JS:_ I~ I _2.cll To . .9,_ I _{1__ 12f>JJ Report Type

Original 0 Amendment 0 Special Election Report 0 Independent Expenditure Report

(6) CONTRIBUTIONS THIS REPORT

Cash & Checks $-~s-o -w_ '"'"--·-~····

Loans $

Total Monetary $ '6--Su· orJ

$ '-- GO In-Kind ~ 61

(7) EXPENDITURES THIS REPORT


Transfers to Office Account $

Total Monetary $

---

(8) Other Distributions 1-:u,..--$ ____ ......::::._~-----

(9) TOTAl Monetary Contributions To Date::+f) Ki '(10)

$ liSo ... L.nd -scy::J:J ·;orAl ~"fi1Y Ex~enditures To Date

---~14~,_1_s:__ __ _ --- . . ' --- ,[;/}

(11) CERTIFICATION

It is a first degree misdemeanor for any person to falsify a public record (ss. 839 13, F.,S.)

DS~DE 12 (Rev 08/04}

CAMPAIGN TREASURER'S REPORT. ITEMIZED Dl~TR!BU1:Jr~~m t1 (1) Name &:n_.f ion d Ko S<:::<:dtl (2) 10 Number . ·--

(3) Cover Period ]!{I lc;· I tl through ~ I l{1?l li_ (4) Page I of _j_ (5) (7) (8) (9) (10) (11)

Date Fun Name Purpose (6) (Last, Suffix, Firs!, Middle) (add office sought if

Sequence Street Address & contribution to a Related Number Citv, State, Zip Code candidate) Exnenditures Amendment

i~~-sc~.dL ll:ek;>.Je,~,on) ~ v.e.J~511z2-<33~ I'Y}crrfl£ De, • f- \ 11'<1 1 n;l'~da 'ft..3Y71S

u·t.1 or-· f'i'O.S. ,-,...~.;.. ~~·:v~2 11;'1)5"1 i\ ~~. ~to!a.3

1 co iS vY\•1etS" l6l tl ~---z_ 1-\as.~.~ 347-f~

F~e

1--· ~-ffivJ;thleS.l;y's ~uhRtsrl lJrLJS.tll

C"_aW\IjU~'j l'\ &; lqd. w.rW.t50 St0 n~ S\:}'\5 107· CJ7) ().)'). der /r\.4'\:h+:i{"ill

---::;;;; AvtH •no 12o:aJ 0

CAI"'Ij>a.<c;!) lio:i>~91(' '15; .. / ll bl.<.>· ~,., st- ~s~ ~7'S: -w--- -:)\ Y\S

b/.4 f-.\. a.> a>t'le £G L- ~.r~l:ie.:s~·~ ~ e 341s.3 . \~V Yf 1\n\-tono 'Ro~ ~~·-t>c~ '=6 I-~ l\ :n.1~5•1 (,~-S" ~~ .S.+-

CC1~'1l\ Sl<¥J.S ~l,l. sO f>\aS (.J:f\"tl., \-t. g,<;?\S ~·- 3.4"1S.3- ~ JO.\;.es• ':f! -- :;>---~~,.;r- ---·-------·-· r----·-·---.. -----

Qa.ft'.p::>-'51'\ (13,53. ~ .WY1 !\ lq;). W•

Oe.vmn:h "«-- SI£5YI.S

_OJe 3'-flll

ql,oob ·I--

~ ;::J..<-..1 lL fhv<:C- ~.s vrcr.-i-1~

· '-\eKS it ~s- utr(l$ 1411'&' ll\ ~IS~bl

~QL Ocv'~R-- -3'1'11( - . -----

I I

--... --·---.. ··--='«·--, ·----··~=. -'-·---· OS--DE 14A (Rev. 12107) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

/

CAMPA . ~EASURER's REPoRr -· iTEMIZEt. J~ .. rRIB~~· . ~~~[() '" .

(1) Name . ! or\\.1, KoSG:dO (2) 1.0 Numb :: 0 { Mq

(3) Cover Period "1) I 1<:); It through Cf I (fo I {( 141 PaQe I of I (5) (7) (8) (9) (10) (11) (12)

Date FuHName

(6) (Last, Suffix First Middle)

Sequence Street Address & Contributot Contribution ln··kind

Number City, State, Zip Code Tvoe OccuoatJon Type Oescriollon At.lendmcot Amou:'lt

"1 I;J<; ;II ~l:Q-P(.. -f.i<"e

t;co p't'e .. \.,\}\ ~ oc. be.-0-CI~E ~l

()bi-. ~IS 1?:> tur.ct ·- -·

H.asa>i-~. ~!:l·JB 'ib,rse:r.S

I'\\ ti~- 11\. =~L CJ;uf' (of f"bt+· B. -t.eh;c~e ~tt-e 1il(C0

Q(~ 13 lJ.l·M~ers~ -- ---

~s~ .... ~.:> ~

6 1)-L-/ Jft Reg,- 1\q ~r(1\;q cqen

v-lG ftc/50 il ). \) or Ches)f;l B N-.1.1\ «)£!' ~ '0 $~ .__...~--· ·-

L.(( Nf ~ ,\~_141. Xn ,..1._{11>\ ----

Th(Ee MS~r~ ve..h:oe 1 1:15"'111 B PnW tf9) ?JS Crflu~"'JJ' lrhr~ ~nets f\1 __ !31 --~--

C)e(~,+<.-J47t\ f--·--·· 1--· ·----

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c--

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------·--1-·--·--·-·-·· -- --·------·

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I ---OS-DE 13 (Rev 08103) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

( / I

To: "Michelle Hawkins" <[email protected]>, Cc: Bee: Subject: RE: Additional information

~~~~~~-~~~~~~~--------~~~~~~-----·---~

Thanks again. Hopefully, I won't have to bother you again :-)


"Michelle Hawkins" Here is the additional information that you requ.

From: To: Date: Subject:

"Michelle Hawkins" <Michelle. Hawkins@cityofmascotte .com> "Keith Smith" <Keith. [email protected]> 01/04/2012 02:57PM RE: Additional information

01/04/2012 02:57:23 PM

Here is the additional information that you requested I also wanted to let you know that the candidates that ran opposed have until February 6, 2012 to submit their final financial statement.. Please see attachment.

Michelle Hawkins, CMC City Clerk City of Mascotte 352-429-3341- Phone 352-429-3345- Fax michelle.hawkins®cityofmascotte.com

Please note that City Hall is open Monday-Thursday 7:00am-5:30pm, and closed on Fridays.

PLEASE NOTE: Florida has a very broad public record law Most written communications to or from City officials regarding City business are public records, available to the public and media upon request. Under Florida law, e-mail addresses are public records.. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

PLEASE NOTE: Florida has a very broad public record law Most written communications to or from City officials regarding City business are public records, available to the public and media upon request Under Florida law, e-mail addresses are public records.. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity.. Instead, contact this office by phone or in writing ..

-----Original Message-----

(

I

From: Keith Smith [mailto:Keith Smith®myfloridalegal Sent: Wednesday, January 04, 2012 11:09 AM To: Michelle Hawkins Subject: Additonal information

Ms Hawkins:

com]

In addition to providing me with a copy of Mr Rosado's most recent Form 1 or Form 6, and his Appointment-of-Campaign Treasurer form, would you also please provide me with copies of the itemized-expenditures pages from his campaign reports?

Thanks for your patience as I continue to ask for mo:t·e and more :-)


Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosur·e

[attachment "Rosado Financial Statement., pdf" deleted by Keith Smith/OAG]

To: "Michelle Hawkins" <Michelle [email protected]>, Cc: Bee:

Subject: RE: Affidavit .~~~ --~~~----~~~-

Okay. Thanks for the clarification


"Michelle Hawkins" 1 didn't date stamp any of the documents that c.


"Michelle Hawkins" <Michelle .Hawkins@cityofmascotte. com> "Keith Smith" <Keith [email protected]> 01/04/201211:36AM RE: Affidavit -~::.:..:..;;:.;.:;;;;,.:.:.;... ______________ _

01/04/2012 11:36:11 AM

I didn't date stamp any of the documents that came in during the qualification week, his was completed on 8/15/2011 After qualification, I date stamp the financial reports, and anything else that comes in regarding elections items Our qualification week was from August 15, 2011- August 19, 2011. Thanks .. The documents have the date it was filled out.

Michelle Hawkins, CMC City Clerk City of Mascotte 352-429-3341- Phone 352-429-3345- Fax michelle .. hawkins®ci tyofmascotte. com

Please note that City Hall is open Monday-Thursday 7:00am-5:30pm, and closed on Fridays

PLEASE NOTE: Florida has a very broad public record law Most written communications to or from City officials regarding City business are public records, available to the public and media upon request. Under Florida law, e-mail addresses are public records.. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity Instead, contact this office by phone or in writing ..

PLEASE NOTE: Florida has a very broad public record law Most written communications to or from City officials regarding City business are public records, available to the public and media upon request. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity Instead, contact this office by phone or in writing.

-----Original Message-----From: Keith Smith [mailto:Keith Smith®myfloridalegal.com]

Sent: Wednesday, January 04, 2012 11:31 AM To: Michelle Hawkins Subject: RE: Affidavit

(

Yes I did, thank you.. When was the appointment-of-treasurer form filed? There is no date-stamp on the copy I received


From: To: Date:

"Michelle Hawkins 11 <Michelle .. Hawkins®cityofmascotte com> "Keith Smith" <[email protected]> 01/04/2012 11:27 AM

Subject: RE: Affidavit

No problem, you did get my document?

Michelle Hawkins, CMC City Clerk City of Mascotte 352-429-3341- Phone 352-429-3345- Fax michelle [email protected]


PLEASE NOTE: Florida has a very broad public record law.. Most written communications to or from City officials regarding City business are public records, available to the public and media upon request.. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity Instead, contact this office by phone or in writing

PLEASE NOTE: Florida has a very broad public record law.. Most written communications to or from City officials regarding City business are public records, available to the public and media upon request Under Florida law, e-mail addr·esses are public records.. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity Instead, contact this office by phone or in writing

-----original Message-----From: Keith Smith [mailto:Keith.Smith®myfloridalegal com] Sent: Wednesday, January 04, 2012 11:10 AM To: Michelle Hawkins Subject: RE: Affidavit

I just sent you another e-mail.. Sorry for the bothering you too much

Keith Smith, Investigator Florida Elections Commission 107 West Gaines Street - Suite 224 Tallahassee, FL 32399-1050 (850) 922-4539 Xll2

From: 11 Michelle Hawkins 11

<Michelle .. Hawkins®cityofmascotte com> To: 11 Keith Smith 11 <[email protected]> Date: 01/04/2012 10:59 AM Subject: RE: Affidavit

Here is the information that you requested., Have a great day.


Please note that City Hall is open Monday-Thursday 7:00am-5:30pm, and closed on Fridays.,

PLEASE NOTE: Florida has a very broad public record law Most written communications to or from City officials regarding City business are public records, available to the public and media upon request. Under Florida law, e-mail addresses are public records If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity., Instead, contact this office by phone or in writing ..

PLEASE NOTE: Florida has a very broad public record law.. Most written communications to or from City officials regarding City business are public records, available to the public and media upon request,, Under Florida law, e-mail addresses are public records If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity.. Instead, contact this office by phone or in writing

-----Original Message-----From: Keith Smith [mailto:Keith. Smith®myfloridalegaLcom] Sent: Thursday, December 29, 2011 9:11AM To: Michelle Hawkins Subject: Affidavit

,. I

Ms Hawkins:

I am in receipt of your completed affidavit concerning Mayor Rosado; thank you for your assistance.

Would you please e-mail or fax me a copy of his most recent Form 1 or Form 6 as well as a copy of the Appointment-of-Treasurer and Designation-of-Campaign Depository form that he completed for the November election

Thanks again for your cooperation in this matter

Keith Smith, Investigator Flor·ida Elections commission 107 West Gaines Str·eet - Suite 224 Tallahassee, FL 32399-1050 (850) 922-4539 x112


[attachment "Rosado .. pdf" deleted by Keith Smith/OAG]



( - ----I

APPO.INTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDIDATES

(Section 106.021(1) FS)

(PLEASE PRINT OR 'TYPE)


(

I

offjcer before opening the campaign account. OFFICE USE ONLY

1/CHECK APPROPRIATE BOX(ES); . rtJ Initial Filing of Form Re-fillng to Change; r:z1 Treasurer/Deputy 0 Depository 0 Office O Party

2 Name of Candidate (in this order: First Middle Last) 3 Address (include post office box or street city state zip

L \ code) i, ).S <>e0.A 5.,

4-N-\-o /0\o \ oS.Q.I'k"l ' l-:--4_l::To-'el7-e~p!;<-1o-l.n"e""''--'""---"\"-;'5";E'f-"'m"'a'f,l-"ad-f:dC"re-s7s-------l i'1t-'1S.£.-vt<\-e.- } P<- '? '{ 7 5 ~

<?;s;.. > I \2os"'JoT""-'r~,ki.QQ:J:""::r.==--f-rc-...,.,----,:-.-:--:----c:---=~-.,----,--:-::--i 6 Office sought (include district circuit group number) 7 If a candidate for a nonpartisan. office, check if

'S B=lt 3 - \'{\Q \j or- applicable; 0 My intent is to run as a Write··ln candidate

8 If a candidate for a partisan office, check block and fill in name of party as applicable: My intent is to run as a

0 Write~ In 0 No Party Affiliation 0 Party candidate

l-:-9::-l-:h7

a_v_•_•_c.,P,-:P::-Oi_n_te7d7

t_h_e_fo-;:lc-lo7

wc.,i-n.,;gc.p_e_rs_,o_n7

t_o_a_c_t _as __ m,_,:.Y __ ... m=~·Ca~paign Treasurer

10 N~e of Treasurer o~~puty Treasurer D Deputy Treasurer

.. ------1

/11'91'./cl.,- A· OX'Arh M .. 11 MailingAcldress . -----·----------------- 112 Telephone ---

t,/:Z s. 8f!y);cl:e lfve.. (31"2 > "Z.G-7 · "J.rt'f --~~~--~~~~~~~~~~------------

13 City 114 County 115 State ~~6 Zip ';'de ! 17 E-mai~ address rf(4sr;pflc- ,<.,tJ.te. fZ. . 3'17!: J, le!h,cf'~tec;::t.../2..J<.o,...

18 fhave designated the following bank as my [0' Primary Depository 0 Secondary Depository

UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY AND THAT THE FACTS STATED IN IT ARE TRUE

~2~5-:D~a~re~--------------~~~~---------------,~2~6-.S~i=g~na~t~ur=e~o~f~c=a=nd~i=da~t=e----------------------------

'8- f)' -) Di I R I'> x'>--z,, ~---------- - --------~~~~~~ ·----------·-·-27 ~ Trea~s Accept nee of Appointment (fill in the blanks and check the appropriate block}

1 /~..,d';f "'· ~ lfaNJJ 'i' L.. "b.AAfh6!2.. do hereby accept the appointment I (Please Print or Type Name)

designated above as: tlR EJ Campaign Treasurer [] Deputy Treasurer

f'A.rj;~te~f)- ~~~c·a~DepulyTreasurer DS-.OE 9 (Rev. 10/10) Rule 15-2 0001, FAG,

To: "Michelle Hawkins" <Michelle . .Hawkins@cityofmascotte .com>, Cc: Bee: Subject: Re: Affidavit

No problem; thank you.

Enjoy your time off


"Michelle Hawkins" I am out today will do thaton Tuesday whefJI r


,,;.;..;..__,

"Michelle Hawkins" <Michelle .Hawkins@cityofmascotte. com> "Keith Smith" <Keith .Smith@myfloridalegal .com> 12/29/2011 09:40AM Re: Affidavit

I am out today will do that on I uesday when I return.

Sent via DroidX2 on Verizon Wire!es.s'M

-----Original message-----From: Keith Smith <Keith.Smith@myflOiidalegaLcom> To: Michelle [email protected] Sent: Thu, Dec 29, 2011 14:10:49 GMT +00:00 Subject: Affidavit

Ms .. Hawkins:

I am in receipt of your completed affidavit conceming Mayor Rosado; thank you for your assistance.

Would you please e-mail or fax me a copy of his most recent Form I or Fotm

12129/20 11 09:40:35 AM

6 as well as a copy of the Appointment-of~ Treasurer and Designation-of-Campaign Depository form that he completed for the November election.

Thanks again for your cooperation in this matter

Keith Smith, Investigator Florida Elections Commission 107 West Gaines Street - Suite 224

/ r:- --

I allahassee, FL 32399-1050 (850) 922-4539 xll2

Please note that Fl01ida has a broad public records law, and that all correspondence to me via email may be su~ject to disclosure

(~--

(



(850) 922-4539

The Honorable Tony Rosado 625 Pearl Street Mascotte, FL 34753


Dear Honorable Rosado:

December 14, 2011

The purpose of this con espondence to remind you that as of this date I have yet to receive a written Iesponse from you concerning the complaint filed against you by Mr. Elmore It appears that you spoke with Rosanna Catalario on or about October 25, 2011, concerning the complaint process and you indicated to her that you planned to respond to the complaint.

Let me encourage you that if you haven't done so already, please submit a written response to Mr. Elmore's allegations so that we can know your side of the story; currently, all we have is his allegations.

Please feel free to include ariything in your response that you believe would be of benefit in your defense.

Thank you for your cooperation arid I look forward to working with in this matter. Please let me know if you have ar~y questions

InvOI 1 (6/08)

Sincerely,

/{eit~~ Keith Smith Investigator

Relatives could win 3 seats on Mascotte City Council Page 1 of2

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Relatives could win 3 seats on Mascotte City Council

Florida

By Heather Sorentrue Lake County Reporter Last Updated: Monday October 31 2011 4:43AM

0

MASCOTTE ... One family could control the fate of a Lake County city

Three relatives are all on the ballot in the upcoming election in the city of Mascotte

Felix Ramirez his daughter-in-law Marla Ramirez and son-in-law Stephen Elmore are all running for spots on Mascotte's City Council

"Jt shows that this community believes in family and in family values ' said Felix Ramirez

Critics complain it's too much especially when three people would be a majority vote on the five member city council

Felix Ramirez is running to be Mascotte s mayor He held the position two years ago but lost his bid for re-election

His opponent said he thinks it''s a conflict

SAMPLE BALLOT

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"I believe that would be bad for us." said Mascotte Mayoral Candidate Tony Rosado 'We don't need three family members running our city We don·1 need any family members jointly running on council ft

There is also a mother Home Timmons and her 19·year-o!d son Cody Carmichael running for separate seats on Mascotte City Council

This wouldn"t be the first time this small city of barely 5 000 residents had relatives on council

New Cefltcom facility at MacDill AFB

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http://www baynews9 .com/article/news/20 11/october/335196/ 11/29/2011

Relatives could win 3 seats on Mascotte City Council

(

Mascotte's current Mayor Jeff Krull and his wife Barbara Krull are now both on council

Felix Ramirez and his son-in-law Stephen Elmore also served on council together two years ago

Still critics worry three people all from the same family is a different story

"'My daughter-in-law she doesn't have the same ideas that 1 have · Ramirez said "My son-in-law the only thing my son-in··law and I agree on is that I have a beautiful daughter.,

Ramirez said other people had a chance to enter the race and chose not to run

'Now they want to talk about family" he said 'Well why didn1 they run"?"

Mascotte is facing a financial crisis and is $5 million in debt

Mascotte City Manager Jim Gleason told News 13 the seriousness of the city's debt may require the new council to look at making cuts to the police and fire departments

Gleason said the city cannOt continue to provide the same level of public safety without some source of new revenue

Both Rosado and Ramirez said they wouldn't make cuts to the departments

Ramirez said he would want to sit down with Gleason and other city department heads to figure out where to make cuts

He also wants to take a second look at property Mascotte purchased during the housing boom

As for the loans the city took out for a wastewater treatment plant that never got built he said 'One of the things we need to do is prolong that debt talk to the bank and say Listen we"re in this bind Help us out' and just prolong it"

Rosado said he wants to tie Into Groveland's sewer system to bring in new businesses

'We spent $3 million for the supposed sewer system that they talked about · Rosado said ·we've got nothing to show for it and it's not going anywhere They could"ve done this years ago They could've tied into Groveland and saved the city a lot of money and got the infrastructure started "

Voters will decide who they want to lead the city in the election on November 8

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11129/2011

Lake County Candidates and Issues I Election I -

.JUDY GLASEL

RUTH KUSSARD (INC.)

Town Commission Ward 3 Click names to expand

DAVID CARNECCHIA

TY MILLER (INC )

DAN VINCENT

MASCOTTE ELECTIONS .... NOVEMBER 8

Council Member Seat 1 Click names to expand

BARBARA KRULL (INC)

MARIA RAMIREZ


LOUISE THOMPSON

HOLLIE TIMMONS

Council Member Seat 3 (Mayor) Click names to expand

FELICIANO RAMIREZ

TONY ROSADO

Campaign Website Current city council member for seat 2 Resigned to run for mayor

Lived in Mascotte since 2007

Corporate sales rep

Member of the South Lake Chamber of Commerce Lake .. sumter Metropolitan Planning Organization and South Lake task force


CODY CARMICHAEL

STEPHEN ELMORE (INC.)

Charter Amendment 1 Change in terms of office for Mayor and Council

11/8/2011

11/8/2011

11/812011

11/8/2011

11/8/2011

11/812011

Shall the Charter be amended to change the term of office of the Mayor and Council members from two to three years beginning with the election in 2012?

vote YES for approval or NO for rejection

Charter Amendment 2 Change in commencement of terms of office 11/812011

Shall the Charter be amended to clarify that the terms of office begin at the Council

meeting following an election after the newly elected officials take the oath of office rather than at the first regular Council meeting following elections·?

vote YES for approval or NO for rejection

http://www cfnews 13..com/politicsllake

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12/29/2011

( /

I.


107 West Gaines Street Tallahassee, Florida 32.399-1050

(850) 922-4539

R,t:c£t-v4e~

2011 DEC 28 A q: 4!!'

STATE OF FLORIDA ELECTIONS CQMMISSION ....

Ms Michelle Hawkins, City Clerk City of Mascotte 100 E. Myers Boulevard Mascotte, Florida 34753


Dear Ms Hawkins:

November 29, 2011

As you know, the Florida Elections Commission is charged with the responsibility of conducting confidential investigations of alleged violations of Section 105 .. 071 and Chapters 104 and 106, Florida Statutes.. Until the Commission finds probable cause, the investigation and all documents related to the investigation me confidentiaL According to Section 1 06..25(8), Florida Statutes, "Any person who discloses any information or matter made confidential .... commits a misdemeanor ofthe first degree .. "

As pmt ofthat responsibility, I am collecting information on Tony Rosado, a candidate for Mayor in the November 2011 election Please take the time to complete the attached questionnaire and return it to me by December 14, 2011 If other personnel in your office provided any services to the candidate, please ask them to submit a separate affidavit describing their actions ..

Thank you for taking :yom time to ussist me in this :clatter. Please let me kno':v if you have any questions

Enclosure: Affidavit of Filing Officer

lnv0!3 (6/08)

Sincerely,


(


1.. Prior to being elected~ Mayor in 2011, has Mr .. Rosado ever beenfi /i:r®a_~tftr pifice within yourjurisdiction? (Vt'es ()No .. Ifyes, please list the office(s) he ran for, ana fh~dlte(s) and result( s) ofthe election( s ).. Z0/1

2. Relative to his 2011 campaign for Mayor, did your office provide Mr Rosado with a copy of the Candidate and Cam./aign Treasurer Handbook as published b)! e Department of State, Division of Elections? (tf Yes ( ) No.. If yes, please indicate year '/ If no, did your office provide Mr. Rosado with a similar-type document for his e · w? ( ) Yes ( ) No.. If yes, please provide a copy of this document along with the completed affidavit If no, please explain what documents are given to a candidate for their review.

3. Relative to his 2011 campaign for Mayor, did you or a member of your staff have any contact with Mr Rg{ado concerning a provision of Chapter 104 or Chapter 106, Florida Statutes? ( ) Yes ((/No If yes, please indicate whether the contact was in person, in writing, or by telephone and the subject matter of the contact Also, provide copies of any documentation of the contact Please provide a separate affidavit from any member of your staff who was in contact with Mr. Rosado or his staff, detailing the subject matter of the contact

4 Did your office offer any training seminars/candidate workshops for c;fudidates seeking elective office in Mascotte prior to the November 2011 election? ( ) Yes ( /YNo If yes, please state whether or not Mr. Rosado attended and provide a copy of any attendance sheets from the seminar/workshop and list the subjects covered during the seminar/workshop.

5 Does your office provide candidatesheeking elective office within your jurisdiction with a copy of Chapter 104, Florida Statutes? ('/Yes ()No ..

ol:J C\ C-D Inv044 (5/08) 1

6.. ~

If applicable, please provide a copy of the most recent F01m I or Form 6 filed by~ rnR. Rc8:10b

I SWEAR OR AFFIRM THAT THE INFORMATION CONTAINED IN THIS DOCUMENT IS COMPLETE

AND ACCURATE TO THE BEST OF MY KNOWLEDGE.

Sworn to (or affirmed) and su · ed befOre me this _clLctay of

-------.!...A-"=·--· 201L_

Personally Known Lor Produced Identification ___ _


Case Investigator KS

Inv044 (5/08) 2

c~~~:~~i'~Z;~;;;.~t!~ ,_ .• u:~~· Also complete item i r is desired. • Print your name and address on the reverSe

so that we can return the card to you. • Attach this card to the back of the mailplece,

or on the front if space permits ..

1 , Article Addressed to: If YES, enter delivery address below:

mtt. io'!!i Rosa. do {p'J 5 fear l ':if. /IA.t1scotf7 fL '3'1'753

3 ..

D Express Mall 0 Return Receipt for Merchandise D

2. Article Number (Tl'ansfer from service label} 7004 1160 0004 9190 3135

PS Form 3811, February 2004 Domestic Return Receipt

Lt1 rn .-'1 rn

·u.s. Postal Service'" CERTIFIED MAIL," RECEIPT (Domestic Mall Onlyj No Insurance Coverage Provided)

For delivery Information visit our website at www.usps.colll® Cl []"

.-'1 []"

.::T Postage 1-$------1

0 Certll1edFee Cl ~------~ 0 Return Reclept Fee

(Endorsement Required) 1--------1 c:::J Restricted Delivery Fee ~ (Endorsement Required) 1---·----1 .-'1

Postmark Here

:-----

FLORIDA ELECTIONS COMMISSION 107 W .. Gaines Street,

Suite 224 Collins Building Tallahassee, Florida 32399-1050

Telephone: (850) 922-4539 Fax: (850) 921-0783

November 22, 2011

CERTIFIED MAIL 7004 1160 0004 9190 3135



Dear Mr. Rosado:

On October 18, 2011, the Fl01ida Elections Commission received the enclosed complaint alleging that you violated Florida's election laws .. I have reviewed the complaint and find that it contains one or more legally sufficient allegations. Along with all allegations in the complaint, the Commission staff will investigate the following alleged violation:

Section 104 .. 071(1)(c), Florida Statutes: Tony Rosado, city councilman and mayoral candidate for Mascotte, Florida, gave, paid, expended, or contributed money or anything ofvalue for the fmtherance ofthe candidacy of another candidate, 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 smrounding 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. Yom 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 of Investigation .. 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 ofthe Staff Recommendation and may file a response within 14 days from the date the recommendation is mailed to you. Yom timely filed r espouse( 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 Chapter 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

ComOll (10/07)

(

The Connnission will then hold a hearing to determine whether there is probable cause to believe you have violated Chapter 104 or 106, Florida Statutes. You arrd the complainarrt will receive a notice of hearing at least 14 days before the hearing The notice of hearing will indicate the location, date, arrd time of your hearing You will have the opportunity to make a brief oral statement to the Connnission, but you will not be permitted to testify or call others to testify, or introduce arry documentary or other evidence. The Connnission also may allow the complainant to make a brief oral statement.

At any time before a probable cause finding, you may notify us in writing that you warrt to enter into negotiations directed towards reaching a settlement via consent agreement

The Report of Investigation, Staff Reconnnendation, and Notice of Hearing will be mailed to the same address as this letter.. Therefore, if your address charrges, you must notify the investigator assigned to this case of your new address Otherwise, you may not receive the conespondence from the staff Failure to receive the documents will not delay the probable cause hearing

Under section I 06..25, Florida Statutes, complaints, Connnission investigations, investigative reports, and other documents relating to an alleged violation of Chapters 104 arrd 106, Florida Statutes, are confidential urrtil the Connnission 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, urrless 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 appearance with the Commission before arry member of the Connnission staff carr discuss this case with him or her.

If you have any questions or need additional information, please contact Keith Smith, the investigator assigned to this case, at extension 112 ..

cc: Stephen Elmore, Complainarrt

Enclosure: Complaint w/attachments

ComOll (8108)

Sincerely,

1··'1 --\.t/ R sanna Catalarro Executive Director

SENDER: COMPLETE THIS SECTION

• Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired.

• Prirlt your name and address on the reverse so tt)at we can return the card to you.

• Attach '.this card to the back of the mailpiece, or on the front if space permits.

1 Article Addressed to:

~~ ~o')o.do ID .7-5 P cUI( I ,);\-{ ~

0 Express Mall t-L 34/53 3 .... syrvice Type

l!ll Certified Mail D Registered D Insured Mail

CJ Return Receipt for Merchandise Cl C.O.D.

2. Article Number (Transfer frOin service label)

7004 2510 0001 4739 9907

PS F.orm 3811, March 2001 Domestic Return Receipt

r'l CJ CJ CJ

·U.S. Postal Service,. · CERTIF=IED MAIL:.r. RECEIPT (DomeStic' Mail Only; No Insurance Coverage Provided)

OFFICIAL Postage $

1-------j Cortll/ad Foe

Return Rocelpt Fee (Endorsement Required)

. ,,,

Postmark Here

1--------l CJ Restricted Dallvory Fee M (Endorsement Required) ~ ~------~ ru

Total Postage & Fees $

~;ee;,·Apt:NO:,;·······"·····--................................................................ . or PO Sox No. C~Siato;ZiP+4·········--------·--·----..................................................... .

PS Form 3600, June: 200:/ ~ SI)P. RP.vl!r!'le fM lnstruCI!()Il!'l

t02595·01·M·142(

' ,,:· __ _

I. 1- -- . ,_

FLORIDA ELECTIONS COMMISSION 107 W .. Gaines Street,

Suite 224 Collins Building Tallahassee, Florida 32399-1050

Telephone: (850) 922-4539 Fax: (850) 921--0783

October 19,2011

CERTIFIED MAIL 7004 2510 0001 4739 9907

Tony Rosado 625 Peml Street Mascotte, Florida 34753

RE: Case No.: FEC 11-244, Respondent: Tony Rosado

Dear Mr Rosado:

On October 18, 2011, the Fl01ida Elections Commission received the enclosed complaint alleging that you violated Florida's election laws.. Section 106 25(2), Florida Statutes states:

The respondent shall have 14 days after receipt of the complaint to file an initial response, and the executive director may not determine the legal sufficiency of the complaint during that time period

If you choose to file a response to the complaint, please send it to my attention at the address listed above To ensure that I receive your response in a timely m=er, you may also want to send it via e-mail to my attention, at [email protected]. You will be notified by letter whether the complaint is determined legally sufficient Please note that all correspondence from this office will be mailed to the same address as this letter.. Therefore, if your address changes, you must notify us ofyour new address

Under section 10625, Florida Statutes, complaints, Commission investigations, investigative reports, and other documents relating to an alleged violation of Chapters 104 and 106, Fl01ida Statutes, are 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 fiom seeking legal counsel However, if you retain counsel, your attorney must file a notice of appearance with the Commission before any member of the Commission staff can discuss this case with him or her ..

' I

Encloswe: Complaint w/attaclunents

Sincerely,

Gfor-Rosma Catalano Executive Director

:...;TATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

I 07 West Gaines Street, Suite 224, Tallahassee, Florida 32399-1050 Telephone Number: (850) 922-4539

www. fcc.statc. fl. us

CONFIDENTIAL COMPLAINT FORM REOEiYEo

The Commission's records and pr·oceedings in a case are confidential until the Commission rules on probab OCT I ·8 A /0: cause. A copy of the complaint wiD be provided to the person against whom the complaint is brought. I i

El.tc~to~or: rtormiA 1. PERSON BRINGING COMPLAINT: · · "S C0ffl11SS!O/

Name: Stephen Elmore

Address: 232 Boca Ciega Road

City: Mascotte County: _La_k_e __ _ State: FL

Wotk Phone: (352 )551-,9480

Home Phone: (352 )551-9480

--- Zip Code: _____ _

2. PERSON AGAINST WHOM COMPLAINT IS BROUGHT:

A person can be an individual, political committee, committee of continuous existence, political party, electioneering communication organization, club, corporation, partnership, company, association, or any other type of organization.. If both an individual and a committee or organization are involved, name both

Name of individual: ..:.To:cn..:.:y..:.Rc..:..:.os:ca::.:d:co:......._ ___________________ _

Address: 625 Pearl Street Phone: (352 )434-2719

City: Mascotte County: "'La::.:k.:.:e:......._ __ State: '--F"'L __ Zip Code: .:..34::.:7.:.:5.:.:3 __ _

If individual is a candidate, list the office or position sought: Mascotte City Council Seat 3

Name of committee or organization: ..:C..:.it"-y-=o:..:.f..:.M..:.a::.:s:c:c:c:o:..:.tt:..:e ______________ _

Address: 1 00 East Myers Boulevard Phone: (352 )429-0928

City: Mascotte County: Lake State: FL Zip Code: .:..34-'-7'--5'--3'---

Have you filed this complaint with the State Attorney's Office? (check one) 0 Yes JjJ No

3. ALLEGED VIOLATION(S):

Please list the provisions of I he Florida Election Code that you believe the person named above may have violated. The Commission has jurisdiction only to investigation the following provisions: Chapter· 104, Chapter· 106, Section 98 . .122, and Section 105.,071, Flor'ida Statutes Also, please include:

./ The facts and actions that you believe support the violations you allege,

./ The names and telephone numbers of persons you believe may be witnesses to the facts,

./ A copy or picture of the political advertisements you mention in your statement,

./ A copy of the documents you mention in your statement, and

./ Other evidence that supports your allegations.

Tony Rosada is not my opponent in this election yet is spending money to campaign against

me and for my opponent. On his website tonyrosado.net he had a page dedicated to the

person running against me which violates chapter 104.071 1 and C, also 106.11.

Furthermore, he has paid for a sign that is telling a lie about me. In the sign he accuses me

FEC' 002 (Rev 4-24-05)

l•w OOOOiH

along with his opponent of~ .... ;ding 3 million dollars of taxpayer mot, . He's referring to

bad purchases the city made in past years but I didn't vote for one of them. I feel it also is

vague enough to insinuate I did something inappropriate with the funds! I asked Mr. Rosado

to take the sign down and the website page in a meeting with him, myself and the city mgr.

I also asked for an apology to be placed on his website and facebook. He took down the

page endorsing my candidate but won't apologize or take the sign down. I went to him in the

interest of letting him make it right without getting you involved but he won't be reasonable.

I know there is a law protecting candidates from lies being told about them i'm not sure it

covers people who aren't even running against the perpetraitor however, I hope you will

help me to defend my honor and integrity. Thank you for all your time and consideration. I've

Additional materials attached (check one)? lj]Yes 0No

4. OATH

STATE OF FLORIDA COUNTY OF ri(:J(.<(l. /

I swear or affirm, that the above information is true and conect to the best of my knowledge.

Sworn to and subscribed before me this /.{ rC.uayof

0~"44-2 __ ~20f-/-_

(Prinl.. Type or Stamp Corum· 10ncd Name of Notary Public)

Personally known-lo'~Or Produced Identification __

'Type ofldcntification Produced _______ _

Any person who files a complaint while knowing that the allegations arc false or without merit commits a misdemeanor of the first degree, punishable as provided in Sections 775.082 and 775.083, Florida Statutes,

FEC 002 (Rev 4-24~05)

j'w QQ(jQi]2

'-,_.J

·--'

Cody Carmichael for City Council Cody IS running against Councilman Elmore Cody is a young man with drive and fresh new ideas. I have been very 1m pressed by the things he wants to bnng to the City of

Mascotte.

In his own words:

!Show as slide show!

My name IS Cody Carmichael, I am 19 years old, and I am runmng for seat 5 of the city council for Mascotte. I am running because I would like to see the city out of the financial turmoil it has gotten mto. The main points that I am stress1ng are community, growth, and youth. I want to be a strong part of the community, and listen to the options and the opinions of the citizens. I also feei that it's time for a change '"the

council. I feel that me being a young man, I can bring new fresh ideas to the cily, that may help bring it out of the turmoil that it is in. Something needs to change, so that the city can be in a stable financial point.

I am a volunteer with Teen's Save, and I am a firm believer in volunteering, you should always help your neighbor.

" ~ A ""' ., ~.,JIW~(~ ~

Search u ...

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seat 5 of the city council for Mascotte. I am running because I would like to see the city out of the finanCial turmoil it has gotten mto. The main

p01nts that I am stressing are community, growth, and youth. I want to

be a strong part of the community, and listen to the options and the opinions of the citizens. I also feel that ifs time for a change m the council. I feel that me bemg a young man, I can bnng new fresh ideas to

the city, that may help brmg it out of the turmoil that it is in. Something

needs to change, so that the city can be m a stable financial point. I am a volunteer with Teen's Save, and I am a firm believer 1n

volunteering, you should always help your neighbor.

CALENDAR

OCTOBER 2011

s M T w T

- 3 4 5 6 9 10 11 12 13

16 17 18 19 20 23 24 25 26 27 30 31

« Sep - -· ·- '-

RECENT COMMENTS

F

7 14 21 28

s 1 8 15 22 29

• Michael Ebinger: You have ITrf vote. You had came to my house today 1 ... •

• Robert Alter talking to several other residents

.., ... __ .,_ ...... • BusSeMces

• Economic Growth


• Making Changes

• Metropolitan Planing Comm1sston

• Ready to W.ove


META

• Login

about thl ... Jt • ~!!

• Robertpau1z: Robertpaulz {2 days ago} Tony, • Word Press We need you as our ... •

• Cenral Florida Firefighters Volunteer Assoc.: Tony Rosado has shown us that he 1s committed tow ... •

• Councilwoman Debbie Baird Flinn: Enctorsennentl! 1 believeTonyhas theCityol

~--·"

-... _j'·f ~

'~' 0 C;) a (;:)

>

-----------------------------------------------------------------------.--------------------------------------------------

ASK RAMIREZ & ELMORE ABOUT THE

3 MILLION DOLLARS OF YOUR MONEY

THEY SPENT Political advertisement paid for and approved by Tony Rosado

. . .

'' -·:; r·~ --. ··-'

. -···--- ---- ""

f;{ fo/L15~ . I U{ . C""''lb5~ f<A' { e 1 f==t~ .3 tt '75}

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A HORNEY WORK PRODUCT 1 ' I _..... ~--••

r-::--:-r-:-:-,----,----· ~~-------------------11---;!'IHii\llL~IH'IIL"t.llf--ILH"''.I\*LII.HI Rlf---,1 Date Atty. _U~UI_ fUL.I1 IIOL.

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r----+-~---------------------------~

FLORIDA ELECTIONS COMMISSION

REVIEW OF COMPLAINT FOR LEGAL SUFFICIENCY

Date Received: 1 0/18/11 Reviewer: Margie Case#: 11-244

Complainant: Stephen Elmore Respondent: Tony Rosadf))

IZJ ORIGINAL 0 AMENDED

Complainant: Complainant is a candidate for City Council Member, Seat 3, of Mascotte, Florida Complainant is the incumbent candidate. Complainant's challenger in the November election is Cody Carmichael. (red tab)

Respondent: Respondent is currently a city councilman and a candidate for mayor of Mascotte, Florida. He is opposing Feliciano Felix Ramirez in the November 8, 2011 municipal election. The incumbent did not run for re-election (red tab)

Background:

Violations in complaint: § 104 .. 071(1), §1061 I

Reviewer's violations: §104 07l(l)(c), §104.271, §106 19(l)(d)

Violations for CMS: §104 .. 071(l)(c), §106.19(1)(d)

1. Complainant alleges that Respondent spent money fiom his campaign to assist his opponent's campaign.

2. Complainant alleges that Respondent published information on a campaign sign that was false

1

Com!OO (3/09)

1. Complainant alleges that Respondent spent money to assist his opponent's campaign According to Complainant, Respondent used part of his campaign website to publish an ad supporting his opponent Complainant included a copy of the website with the complaint (blue tab) The website reads, "Cody Carmichael for City CounciL Cody is running against Councilman Elmore Cody is a young man with drive and fiesh new ideas , " Complainant stated that he requested that Respondent remove the ad fiom the website and he complied, I checked Respondent's website and it no longer contains the advertisement

Complainant also states that Respondent expended campaign funds to pmchase a campaign sign that supported his opponent. Complainant included a picture of the sign (yellow tab) The sign reads, "BEFORE YOU VOTE ask Ramirez and Elmore about the 3 million dollars of your money they spent Political advertisement paid for and approved by I ony Rosado [Respondent]." Complainant stated that the sign insinuates that he did something inappropriate with the funds, (Ramirez is Respondent's opponent in the November election,)

The website and the sign contained disclaimers stating that Respondent paid for the ads

[104 071(1)(c) and !06.,!9(l)(d)]

2. Complainant alleges that the message on the sign paid for by Respondent is untrue, Complainant claims he did not vote for the 3 million dollar pr~ject addressed in the sign, However, Respondent is not Complainant's opponent

Respondent's Address:

The Honorable I ony Rosado 625 Pear I Street Mascotte, Florida 34753

Assigned Investigator: Keith

Reviewer's Notes:

Com!OO (3/09)

2

Complainant's Address

The Honorable Stephens Elmore 232 Boca Ciega Road Mascotte, Florida 34753

I

STATE OF FLORIDA .. FLORIDA ELECTIONS COMMISSION

107 West Gaines Street, Suite 224, Tallahassee, Florida 32399-1050 I clcphonc Number: (850) 922-4539

www.fcc.statc. fl. us

CONFIDENTIAL COMPLAINT FORM The Commission's r·ecords and pr~~;dings h;-a-;;;;;;·~onfidential until th;co-:;ission rules on probab OCT /-8 A /():

cause. A copy of the complaint will be provided to the person against \\hom the complaint is brought. . .

EJ,.tc~bENOSFCFOLHOflfDA L PERSON BRINGING COMPLAINT.: · · HISS/(

Name: Stephen Elmore Work Phone: (352 )551-,9480 -------Address: 232 Boca Ciega Road Home Phone: e~J551-9480

City: Mascotte County: Lake State: ~_L __ , Zip Code: ___ _

2. PERSON AGAINST WHOM COMPLAINT IS BROUGHT:

A person can be an individual, political committee, committee of continuous existence, political party, electioneering communication organization, club, corpoiation, partnership, company, association, or any other type of organization .. If both an individual and a committee or organization are involved, name both

Name of individual: Tony Rosado

Address: 625 Pearl Street

City: Mascotte County: ;::La::.::k.::e:___ State: .~..::L __

Phone: (352 )434-2719 ·-------·· Zip Code: 34753

If individual is a candidate, list the office or position sought: Mascotte City Councii_Seat 3

Name of committee or organization: City of Mascotte

Address: 100 East Myers Boulevard Phone: (352 )429-0928

City: Masc~tte -·--- County: Lake ·-----· State: ~L Zip Code: ~4753

Have you filed this complaint with the State Attomey's Office? (check one) 0 Yes ijj No

3. ALLEGED VIOLAIION(S):

Please list the provisions ofT he Florida Election Code that you believe the person named above may have violated. The Commission has jurisdiction only to investigation the following provisions: Chapter 104, Chapter 106, Section 98.122, and Section 105.071, Florida Statutes .. Also, please include: ----------------------

./ I he facts and actions that you believe support the violations you allege,

./ The names and telephone numbers of persons you believe may be witnesses to the facts,

./ A copy or picture of the political advertisements you mention in your statement,

./ A copy of the documents you mention in your statement, and

./ Other evidence that supports your allegations ------------------------------------~

Tony Rosada is not my opponent in this election yet is spending money to campaign against

me and for my opponent. On his website tonyrosado.net he had a page dedicated to the

person running against me which violates chapter 104.071 1 and C, also 106.11.

Furthermore, he has paid for a sign that is telling a lie about me. In the sign he accuses me

FEC 002 (Rc\ ·4-24··05)

ll, OOUOiJ:L

1\·

along with his opponent ( /

~nding 3 million dollars of taxpayer r\ _ _c:_,Jle's refen~ng ~.

bad purchases the city made in past years but I didn~ vote for one of them. I feel it also is

vague enough to insinuate I did something inappropriate with the funds! I asked Mr. Rosado

to take the sign down and the website page in a meeting with him, myself and the city mgr.

I also asked for an apology to be placed on his website and facebook. He took down the

page endorsing my candidate but won~ apologize or take the sign down. I went to him in the

interest of letting him make it right without getting you involved but he won't be reasonable.

I know there is a law protecting candidates from lies being told about them i'm not sure it

covers people who aren't even running against the perpetraitor however, I hope you will

help _!lle to defend my honor and integrity. Thank you for all your time and consideration. I've

Additional materials attached (check one)? [j]Yes 0No

4. OATH

STATE OF FLORIDA -?"' COUNTY OF ____ _!4.£1;../( .e, L.

I swear or affirm, that the above information is true and correct to the best of my knowledge.

0 z 0

··-()~~-----···· 201--/.----

ILP£~~---dministcr Oaths or Notary public

c <5 <t(i;· 0(1?

lJJ --<( ~::s:

> O;:s: -'o - w.

lJJ co ..... ~ 0

o<n ·- w:z: LLI w ~~:9 = <tt,-~ - 1'-'(.)

~ <nuJ

..J b.J

Sworn to and subscribed bclOJ'C me this _1.:( T~ay of

Personally known_ Or Produced Idcntitication __ _

f'ypc offdcntilication Produced _______ _

Any person who Iiles a complaint \Vhilc knowing that the allegations arc l~tlsc lH \vithout merit conm1its a misdemeanor of the first degree, punishable ns provided in Sections 775 082 and 775.083, Florida Statutes

F'EC 002 (Re'· 4-24-05}

,_/

__ ,

Cody Carmichael for City Council Cody is runmng agamst Councilman Elmore Cody 1s a young man with

drive and fresh new ideas. I have been very 1m pressed by the things he wants to bnng to the City of Mascotte.

in his own words:

fShow as slideshowl

My name IS Cody Carmichael, i am 19 years old, and I am runmng for seat 5 of the city council for Mascotte. i am running because I would like to see the city out of the financ1al turmoil it has gotten into. The main pomts that 1 am stresstng are community, growth, and youth. i want to be a strong part of the community, and listen to the options and the

opm1ons of the citizens. : also feel that it's time for a change in the council. I feel that me bemg a voung man, i can bnng new fresh ideas to the city, that may help bnng it out of the turmoil that it is 1n. Something

needs to change, so that the city can be m a stable financ1al point.

1 am a volunteer with Teen;s Save, and I am a firm oeliever 1n

volunteering, you should always help your neighbor.

.:«,·- _ii;, h '4;:'# "'1.7 'W

Search

""- '4:/;

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• First Rally Tonv ior WJW"or of Mascotte

• Tony, a Supporter of the W.ascotte Fire Depan.ment

~~:) .. ,...~

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• EteciJons November 8, 2011

• VotetorTonvRosado!

CALENDAR

OCTOBER 2011

s M T w T F s l - 3 4 5 6 7 8

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

« Sep

· RECENT COMMENTS . ·

• Michael Ebinger: You have my vote. You had came to mv house tOdav 1 .•• »

• Robert: After talking to severai otner residents <>kn.01t ,,.,, ..

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('-'.j

t::> C:) .:;:.") 0 c:>

l

seat 5 of the city council for Mascotte. 1 am runn10g because I would like

to see the city out of the financ1al turmoil it nas gotten 10to. The main

po1nts that I am stress1ng are community, growth, and youth. i want to

be a strong part of the community, and listen to the options and the

op1mons of the citizens. 1 also feel that it's time ror a change 10 the council. 1 feel that me be10g a young man, 1 can bnng new fresh ideas to the city, that may help bnng it out of the turmoil that it is 10. Something

needs to change, so that the city can be m a stable financ1al o01nt. i am a volunteer with Teen's Save, and 1 am a firm believer m volunteering, you should always heip your ne1ghbor.

CALENDAR

OCTOBER 2011

s M T w T

- 3 4 5 6

9 10 11 12 13

16 17 18 19 20 23 2<1 25 26 27

30 31 « Sep

RECENT.COMMENTS

F

7

14

21 28

s 1

8

15 22 29

e Michael Ebinger: You havemvvote. You had came to mv house todav 1 ..• ..

• Robert: After talking to sevetal Other residents

aboutthi.. ...

• Robertpauiz: RoOO<tpaulz (2 davs ago) Tony,

We need you as our ... "'

• Cenral Florida Firefighters Volunteer Assoc.: Tony Rosado nas shown us that he IS

committed tow ... ~~

•. Counclfwoman Debbie Baird Flinn: Endorsement!! I believe Tonv has the City of W:as, .. ,.

.... ._ __ ,,_._._

• Bus SE!Mces

• Eccnonuc Growth


• Mal<ing Changes

• Me!ropo!itM Planmg

Comrrusston

o Ready to W.ove

• South La'<e Task Force

META

• Log m

• XFN

o WordPtess

<!'' -:-::;:) C':)

'::::> 0 ' . .:::>

• ~~

,,:ASK RAMlREZ & ELMORE OUT THE

3 MILLION DOllARS OF YOUR MONEY

THEY SPENT itical advertisement paid for and approved by.Tony Rosado '~

-~ ( .•

·~ ·.-:~-

··:-: C..:> ,. .~J

MASCOTTE COUNCIL MEMBER SEAT1

(Vote for One)

o Barbara Krull

0 Marla Ramirez

MASCOTTE COUNCIL MEMBER SEAT2

(Vote for One)

o louise Thompson

0 Hollie Timmons

MASCOTTE COUNCIL MEMBER SEAT 3 IMA YOR)

{Vote for One)

0 Feliciano Felix Ramirez

0 Tony Rosado

MASCOTTE COUNCIL MEMBER SEATS

(Vote for On e)

0 Cody Carmichael

0 stephen Elmore

.~~··

( "

,'" '

OFFICIAL SAMPLE BALL'v I CITY OF MASCOTTE ELECTION BALLOT

LAKE COUNTY, FLORIDA NOVEMBER 8, 2011

NO .. I

Change In term 01 omce of Mayor and councu members from 2 to 3 years

ShSiitM Charter be amended to change tM tenm of office of the Mayor and council members from two to three years, beginning wllh the election fn 2012?

0 YES

0 NO

N0 .. 2

Change In commencement of terms of office

Shall the Charter be amended to clarllythat the terms of office begin at the council meeting following an election after the newly erected oftlclals take the oath 01 office, rather than at the first regular Council meeting following elections?

0 YES

0 NO

N0 .. 3

Election ot Mayor Pro-Tem and ellmJnauon ol obsolete charter secUons

Shall the ChSrter be amended to require !hat the Mayor PrO··Tem be appointed at Council's meeting following elections, rather than In January of each year, and to eliminate other obsolete or unnecessary sections of the Charter?

0 YES

0 NO

N0.,4

Appol ntments 01 auditor and consultants

Shall the Charter be amended to eliminate the requirements that an audllor be appointed every three years and that consultants be appointed annually?

0 YES

0 NO

N0 .. 5

City Manager

Shall the Charter be amended to clanfy the duties and quamlcatlons of the C~y Manager, to simplify the termination procedures of the City Manager, and to provide that department directors terminated by the City Manager may appeal the Manager's decision to tne City council in ccmpllance w~h federal law?

0 YES

0 NO

N0,.6

Acting and Interim City Manager

Shall the Charter be amended to provide a distinction between an Acting C~y Manager and an Interim cny Manager, and to clanfy the roles of the Acting Clly Manager and Interim c~y Manager?

0 YES

0 NO

This sample ballot was prepared in accordance with Section 101 20, Florida Statutes, and furnished by the Office of

Emogene W. Stegall, Supervisor of Elections, Jerry J Foster, Assistant Supervisor of Elections, Lake County, Florida.

City Officials - City of MaJcotte, F lmida t

Agendas and Minutes

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City Officials

Mayor Jeff Krull

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News & Events

October 2011 SMTWThFS

2345678

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Page 1 of2

City of Mascotte, Florida Celebrating Culture and

Community

CITY OFFICIALS

The Charter of the City of Mascotte calls for five (5) elected officials, a Mayor and four (4) Council Members. Elected officials serve two-year terms.

According to the City's Charter, the Mayor presides over City Council meetings The Mayor shall also represent the City at official functions and shall be recognized as the head of the city government for the execution of contracts, deeds, and other documents approved by the City Council.

The Council shall, at its first regular meeting in January of each year, elect a Mayor Pro Tem The Mayor Pro Tem shall preside at council meetings in the event the Mayor is unable to do so. The Mayor Pro Tem shall act as Mayor during the absence or disability of the Mayor, and, if a vacancy occurs, shall become Mayor for the remainder of the unexpired term

Council meetings are held at 6:30 p m. on the first and third Monday of each month at the Tedder-Thomas Memorial Civic Center located at 121 N. Sunset Avenue, Mascotte.

The City Council agendas and minutes are

City Council

Mayor Pro Tern Brenda Brasher

Council Member Elmore

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Mayor Jeff Krull

Council Member Stephen Elmore

Council Member Barbara Krull

Council Member Tony Rosado

Mayor Pro Tern Brenda Brasher

ELECTION WILL BE TUESDAY, NOVEMBER 8, 2011 FROM 7:00AM·· 7:00PM, AT THE MASCOTTE CIVIC CENTER LOCATED AT 121 N SUNSET AVE

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Don't Believe The Hype!! (http://tonyrosado.net/tweets/dont-believe-the

hype/)

Posted by tony on October 6th, 2011

My opponent seems to think that having excuses for spending 3 Million dollars is all you need !! You can put

lipstick on a pig, but it's still a pig. Bottom line is you can say what you want but we're broke. He did not do a

good enough job to assure that the decisions made would not come back to affect the city or the residents.

City spending out of control !! 3 million dollars and nothing to show for it

My opponent has had been the mayor and a councilman HE has had four years in office, in those four years

our city has been poorly managed. We have had the same people in office continuing to make poor decisions

and coming up with reasons for the spending and now they are worried about you the people.

Remember you put me here to fix the mess those who are talking made the mess ..

I was voted in by you, the people. You put me in office to get a job done because you were not happy with the

the past decisions that were made by the council. I am the only person that is not related to anyone on council

We do not need one family running our city!!

(htlp://tonyrosado.net/wp-content/uploads/2011/09/firedeptbbg.pnql

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Vote for Tony Rosado!

Posted by ad min on August 6th, 2011

Tony Rosado for Mascotte Mayor! Who would be better than Tony Rosado for

Mayor of Mascotte? Nobody! He is the right candidate for the work that needs

to be done to help Mascotte regain a strong economic footing. Get ready to go

out and VOTE and make the right choice, VOTE for TONY ROSADO!

Posted in Gallerv (http://tonyrosado.net/category/gallery/l

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10 Responses to "Vote for Tony Rosado!"

1. Gavle Jones (http://www.webvelations.com) says:

August 6. 2011 at 3:08 pm (http://tonyrosado.net/gallery/vote-fortony/#comment-1)

After getting to know Tony over the past several years, I feel he

would be the best man for the job of Mayor of Mascotte! He has been on the city's council and has been

the one to speak up and speak out for many issues that have effective the city both negatively and

positively He has help bring good change to the community and will be an AWESOME MAYOR! Vote

for Tony Rosado for Mayor of Mascotte!

http://tonyrosado net/gallery/vote-for-tony/ 10/20/2011

Vote for Tony Rosado! I r-""Y Rosado for Mayor! Page2 of7 I

Reply !lgallerylvote-for-tonyt?replvtocom=1 #respond)

2. Stacey dority says:

August 10,2011 at 5:27pm (http://tonyrosado.net/gallerylvote-for-tonyl#comment-2)

I just want to take the time to say that I appreciate your generosity, your kindness, your

thoughtfulness, your loyalty, and your dedication to Esther Outreach Ministries Inc. You show so much

compassion to our senior citizens during the senior citizens breakfast that we have monthly; I love the

servants heart that you have towards this great ministry, and because of you my ministry is able to feed

the needy people at the Civic center every fourth Saturday of each month from the hours of 1 O:OOam-

12:00pm, just by you directing me to the right resources to get the mission done, I greatly appreciate

everything!

Thank you,

Stacey dority (Founder of: Esther Outreach Ministries Inc.)

Reply !lqallerylvote-for-tonyl?replvtocom=2#respond)

3. Councilman Rick Roderick (http://minneola.usO says:

August 10,2011 at 5:33pm (http://tonyrosado.netlqallerylvote-for-tonyl#comment-3)

Tony is the Right person for the Mayors job in Mascotte, Tony is a leader and a people person

He represents Mascotte in many areas. I am endorsing Tony for Mayor of Mascotte.

Reply !lgallerylvote-for-tonyl?replytocom=3#respond)

4. Councilwoman Debbie Baird Flinn (http://minneola.usO says:

August 17.2011 at 7:56am (http:l/tonyrosado.netlqallerylvote-for-tonyl#comment-11)

Endorsement!!

I believe Tony has the City of Mascotte's best interest at hand. He has the people skills and leadership

skills to do the right things for the city .. Good Luck Tony!

Reply !lqallerylvote-for-tonyl?replvtocom=11 #respond)

5. Cenral Florida Firefighters Volunteer Assoc. says:

August 19, 2011 at 11:54 pm (http://tonyrosado.net/gallerylvote-for-tonyl#comment-12!

Tony Rosado has shown us that he is committed to what is best for the City of Mascotte. Tony

has demonstrated leadership, energy and vision to bring Mascotte back to a secure, stable city and the

fortitude to carry it through tough times.

We support Tony Rosado for Mayor of Mascotte.

Good Luck Tony!!

Reply !lgallerylvote-for-tonyl?replytocom=12#respondl

6 Robertpaulz says:

September 8, 2011 at 9:22 am (http:l/tonyrosado.netlgallerylvote-for-tonyl#comment-83!

Robertpaulz (2 days ago)

Tony, We need you as our mayor and you've already proven yourself as a worthy Council Member. Your

opponent F R. already served one term as Mayor which ended two years ago with the city spending

over 2 7 million dollars on useless property that is now worthless and bringing in no revenue Not to

http:/ /tonyrosado .net/ gallery/vote-for-tony/ 10/20/2011

Vote for 1 ony Rosado! I Tpny Rosado fm Mayor! I I

\

Page 3 of7

mention paying $1500 per month over two years for a spray field for a waste water plant that never

developed.. I hope as mayor you can find out more about the alleged $250K kick back during F R 's

term. This city cannot afford him again!

Reply Clqallery/vote-for-tony/?replytocom=83#respondl

7 Robert says:

September 19, 2011 at 9:59 pm lhttp://tonyrosado.net/gallery/vote-for-tony/#comment-95)

After talking to several other residents about this "alleged kickbacks" F R received and you

might want to be careful what you allow on your website I am still up in the air about who I am voting

for. I attended tonight's council meeting and was surprised at the reaction of the community. I thought

this project would be welcomed with open arms because of the needed income and the job possibilities.

I am still trying to figure out who to vote for and who can get the city back on track I see nothing but

opportunities with this landfill project

"On the fence" Bobby

Reply Clqallery/vote-for-tony/?replytocom=95#respond)

8 Michael Ebinger says:

September 21, 2011 at 2:24pm lhttp://tonyrosado.net/gallery/vote-for-tony/#comment-98)

You have my vote. You had came to my house today in worthington place. I was hoping that

you could possibly help me find a job in Mascotte I am in school at Full Sail for web design and

development. I have experience in lawn care and restaurants I also know a lot about computers. If there

is anything you can do even if it is one day a week I will be willing to help you design ads for your

campaign or anything else you might need.

Reply Clqallery/vote-for-tonyl?replytocom=98#respondl

9. hush girl says:

October 18. 2011 at 10:12 pm {http://tonyrosado.net/gallery/vote-for-tonyl#comment-134!

I viewed your you tube video, you didnt mention that the conference room is used as a records

storage as well. Also your powerpoint has some great ideas,but who do you think will implenment some

of your ideas when you have limited staff? Council?? they don't go out to the public until election time I

wonder. I so want to move out of mascotte there is nothing here for me

I am always out promoting Mascotte in and out of lake county. We have a great little city and i want to

see us prosper. I did not mention that the conference room is used as storage. An expensive storage

room.

We still have a chance to do something good here please don't give up on us. I will take it upon my self

to implement my plan or any plan we decide to move foward with.

Your friendly neighborhood councilman.

Reply Clqallerylvote-for-tony/?replytocom=134#respondl

1 0 Robert says:

October 19, 2011 at 1 :00 am lhttp://tonyrosado.net/gallerylvote-for-tony/#comment-135)

http:/ /tonyrosado .. net/ gallery /vote-for-tony I 10/20/2011

Vote for Tony Rosado! I Iony Rosado for Mayor! Page 4 of7

I thought you were going to be a keeper but I have to say it seems like you are looking for the limelight

more than anything. I went to the commissioners meeting you spoke at and thought you made some

valid points but what you said was almost verbatim what councilman elmore said Do you have any

thought or ideas for yourself? & before you could let the commissioners respond to your plea you ran out

the door and put your face in front of the news camera Mr Rosado do you really have Mascotte's future

in mind? I have followed your website and your other social media outlets and it seems you have taken

the negative route in campaigning. Calling him a pig or comparing him to one isn't going to attract

voters Just makes you out to be a bully. Maybe i'll stay home on nov. 8th. Electing you carpet bag

politicians maybe dangerous for our city .. You probably wont post this but i thought you would like to

know what a voters opinion was You haven't loss my vote, yet, but you haven't earned it Good Luck

Reply (!gallery/vote-for-tonyt?replytocom=135#respondl

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Robert {http://tonyrosado.net/gallery/vote-for-tony/#comment-135): I thought you were going to be

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hush girl {http://tonyrosado.net/gallery/vote-for-tony/#comment-134): I viewed your you tube video,

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You had came to my house today L. >> {http://tonyrosado.net/gallery/vote-for-tony/#comment-98l

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Mascotte in many areas. I am endorsing Tony for Mayor of Mascotte -Councilman Rick Roderick, August 10,

2011 at 5 33 pm

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leadership skills to do the right things for the city Good Luck Tony!- Councilwoman Debbie Baird Flinn,

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Robert (ht!p://tonyrosado.net/gallery/vote-for-tony/#comment-135): I thought you were going to be

a keeper but I have ... >> Chttp://tonyrosado.net/gallery/vote-for-tony/#comment-135)

hush girl (http://tonyrosado.net/qallery/vote-for-tony/#comment-134): I viewed your you tube video,

you didnt mention th . » lhttp://tonyrosado.net/gallery/vote-for-tony/#comment-134)

o Robert Marley lhttp:l/tonyrosado.net/tweets/dont-believe-the-hype/#comment-133): Tony Rosado,

your headline has caught the eye of L . » lhttp://tonyrosado.net/tweets/dont-believe-the

hype/#comment-133)

o Michael Ebinger lhttp://tonyrosado.net/qallery/vote-for-tony/#comment-98): You have my vote.

You had came to my house today i.. » lhttp://tonyrosado.net/gallery/vote-for-tony/#comment-98)

Robert lhttp://tonyrosado.net/gallery/vote-for-tony/#comment-95): After talking to several other

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bus-service-will-help-job-seekers?cid=rss)

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Financial and economic plan See _it now!! (http://tonyrosado.net/financial-and-economic-plan-coming

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Issues

I believe I can best represent you because of the following basic principles:

• The tax burden in our City is solely placed on home owners and property owners ..

The City must become more business friendly and create jobs or our tax burden will only get worse as

we try to meet service needs

• Our government does not exist to serve a politician's self-interest or to advance a bureaucrat's career

It exists to SERVE YOU

Responsibility- I believe we must redefine the role of government. Each department and program must be thoroughly evaluated and must demonstrate its value to you the tax payer

City government must learn to live within its means ..

My opponent seems to think that having excuses for spending 3 Million dollars is all you need.!! You can put

lipstick on a pig but its still a pig. Bottom line is you can say what you want but were broke. He did not do a

good enough job to assure that the decisions made would not come back to affect the city or the residents of

the city

http:/ /tonyrosado .net/issues/ 10/20/2011

Issues I Tony Rosado for ~il,wor! Page 2 of4

Don't believe the hype!!!

lttl lhttp://www.addthis.com/bookmark.php?v=250&winname=addthis&pub-xa-

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o Robert lhttp:l/tonyrosado.net/gallery/vote-for-tony/#comment-1351: I thought you were going to be

a keeper but I have .. » lhttp://tonyrosado.net/qallery/vote-for-tony/#comment-135)

o hush girl lhttp:l/tonyrosado.net/gallery/vote-for-tony/#comment-1341: I viewed your you tube video,

you didnt mention th. » lhttp:l/tonyrosado.netlgallery/vote-for-tony/#comment-1341

o Robert Marley !http:l/tonyrosado.netltweets/dont-believe-the-hype/#comment-1331: Tony Rosado,

your headline has caught the eye oft. . >> lhttp:l/tonyrosado.netltweets/dont-believe-the

hype/#comment-133)

Michael Ebinger (http://tonyrosado.net/gallery/vote-for-tony/#comment-98\: You have my vote

You had came to my house today i ... >> lhttp://tonyrosado.net/gallery/vote-for-tony/#comment-98)

o Robert (http://tonyrosado.net/gallery/vote-for-tony/#comment-95): After talking to several other

residents about thi . >> (http:l/tonyrosado.netlgallery/vote-for-tony/#comment-95)

(http://webvelations.com/l

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03/news/SWMASCOTTE03 1 mascotte-richard-langley-clay-pit)

o Bus Services lhttp://www.cfnews 13.com/article/news/2011/jan uary/191605/Counci lman-believes

bus-service-will-help-job-seekers?cid=rss)

Economic Growth {http:l/articles.orlandosentinel.com/2011-01-24/news/os-lk-mascotte-bus-service

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Financial Wows /http://www.cfnews13.com/article/news/2011/may/246390/City-on-the-verge-of

state-takeoverl

o Financial Wows /http://www.cfnews13.com/article/news/2011/may/246390/City-on-the-verqe-of

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Future Transport? /http://www.southlakepress.com/012811future)

Making Changes (http: //www.cfnews13. com/article/news/2011/jan uary/190305/Counci 1-votes-to

oust-Mascotte%E2%80%99s-city-manaqer)

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Please help out in this coming month to walk neighborhoods and come to our rallies. We will be having them

throughout the month and will let you know here when and where to come show your support and get involved!

Contact [email protected] (maHto: [email protected] if you can help!

Rally this Friday from 5pm to 6:30 pm at the old united 500 located at 33 and 50.

Come out and show your support!!

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Tony. South Lake Chamber Board Member !http://tonyrosado.net/gallerv/tony-south-lake

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o Robert (hltp://tonyrosado.net/gallery/vote-for-tony/#comment-135): llhought you were going to be

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o hush girl (hltp://tonyrosado.net/gallery/vote-for-tony/#comment-134}: I viewed your you tube video,

you didnt mention th >> (htlp://tonyrosado.net/gallery/vote-for-tony/#comment-134)

Robert Marley (htlp://tonyrosado.net/tweets/dont-believe-the-hype/#comment-133}: Tony Rosado,

your headline has caught the eye oft .. >> (htlp://tonyrosado.net/tweets/dont-believe-the

hype/#comment-133}

o Michael Ebinger (htlp://tonyrosado.net/gallery/vote-for-tony/#comment-98}: You have my vote.

You had came to my house today L . >> (http://tonyrosado.net/gallery/vote-for-tony/#comment-98}

Robert (http://tonyrosado.net/gallery/vote-for-tony/#comment-95}: After talking to several other

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Don't Believe The Hype!!

Posted by tony on October 6th, 2011

My opponent seems to think that having excuses for spending 3 Million dollars is all you need.!! You can put

lipstick on a pig, but it's still a pig. Bottom line is you can say what you want but we're broke. He did not do a

good enough job to assure that the decisions made would not come back to affect the city or the residents.

City spending out of control !! 3 million dollars and nothing to show for it.

My opponent has had been the mayor and a councilman .. HE has had four years in office, in those four years

our city has been poorly managed. We have had the same people in office continuing to make poor decisions

and coming up with reasons for the spending and now they are worried about you the people ..

Remember you put me here to fix the mess those who are talking made the mess ..

I was voted in by you, the people You put me in office to get a job done because you were not happy with the

the past decisions that were made by the council. I am the only person that is not related to anyone on council.

We do not need one family running our city!!

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1 CHECK APPROPRIATE BOX(ES): j Initial Filing of Form R<>·filing to Change: !11 Treasurer/Deputy CJ Depository 0 . Office O Party

2 Nama of Candidate (In this order. First, Middle, Last)

4-N\ot-:;,lo L.J.~~Kf-:..---·~---·· 4 .. TelephOne

3. Addness (include post office box or stree~ city, state, zip

code) 1, ).S ~eAqr\ S'"

~irl ~<-~-"} P<-· 5 '{7 S..?;

<2J5!:.!._ ____ · o~Tw,.-tit-~="""''-r· 6. Office sought (include district, circuit, group number) 7 .. If a candidate for a nonpttrft!rutoftlee 1 check i 'Seo.t 3 ·- \1\Q\{Or· applicable:

0 My Intent Is to nm as a Write ·In candidate. -· __ ,_. ,.,_, ______________ __,_ __ , ______________________ _ 8 (fa candidate for a ,rmrtlsan office, check block and fill in name of pa,rty as applicabh;~: My fotent is to run as a

0 Write In 0 No Party Affllla~on - _ .... Porty candldat~

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UNDER PENA!.nES or PERJURY, I DECLARE THAT" t HAV.E! READ THE FOREGOING FORM F'ORAPPOINTMENT OF CAMPAIGN TREASURER AND OESIGNATJON OF CAMPAIGN DEPOSITORY ANOTHATTHE fACTS STATED IN IT ARE. TRUE.

25 oata; _ :f· ;-~~~~~~-~f·----.. ·----J~~~g_n;~:re or=--=~-------- ___ .. _____ - ... C-~ -----·-·-

27 nee of Appointment (fill In U1e blanks and check the appropriate block)

1. lf:tJNl! 'i' L. ~/;,f!.IZ.. ·--· , do hereby accept the appointment (Plea?" Print or Type Name)

designated above as: fi-R 0 Campaign Treasurer [] Oep~tyTreasurer

-------r&4.:5________ -X~c'a~DeputyTreasurer os .. oE9 (Rev .. 10110) Rule1S .. 2 0001, F AC

EXHIBIT

I ~

\

/1

~.qt~-[tl FLORIDA DEPARTMENT OF STATE ONISION OF ELECTIONS CAMPAIGN T~t:ASURER'S REPORT SUMMARY

[]CHECK IF ADDRESS HAS CHANGED (3) ID Number: ··-·--·- ----·-- _

(4) Check appropriate bol<(es): • I . . . . . c· . ' ~Ca.odidate (officesou~ht)·. J:1CL~ G~ · 01..\..lj'U \ . --»± ;:3 __ _ 0 Pl)lltical Committee 0 CHEC IF PC HAS QI.SBANDED . .


0 Party Exeoutive Committee 0 Electioneering Communi.cation (] C.HECK IF NO 0 TI;ER F.l.!!CTlONEERING

COMMUNICATION REPORTS WILl B!i .FILEI;I

(5} REPO.RT lDENTIFIERS

Cover Period:

. Original

From _1).. I L~ l~ ll To 9,__ l_&. @k t Report Type _ -·---. _

0 Amendment 0 Special Election Report 0 Independent Expenditure Report (6) <;oN'TRIEIU:I"IONS THIS REPORT

cash & Checks <6- SZl 1'\('\ $ ---· I • _.J..lj;L_ __ _

Loans $

Total Monetary $---~=o-~-~~-tl-ln.--Kind $ ____ .,_,$1.L.dt c9 --

(1) EXPENDI;rURE$ l;HIS REPORT

Monetary Expenditures $ -1l :2 ... rs,...:-__ .. _______ __,_ ___ ~-- --·

Transfers to Office Account $ Total

Monetary $ -·--·---.. --

(8) Other Dls~butlon$ ~---~- ---------

{ll) TOTAL Monetary Contrlblltlon. s To O~taL.~ ~. I (10)

$ . ;?t;S;---o • 0 d :ro_'%j

DS-DE 12 (!lov. 08104)

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-· ·-'-··-···· ··--·-·- •..,o·--·--·-·-·· ____ ., __ ---------

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.... -.:..-----------~'---· -----··· - .. ----··---- ------·- ---- ·----·

I l -------·-----

L~a-(Rev oB/03l -·-----·-··--- ~ee REVERSEFOilNsrRucrloNs AND cooe VAtuEs

FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS CAMPAIGN TREASURER'S REPORT SUMMARY

(1) ____ If\ 1~t)2_ __ '\{('):"' :Gtt\ ·-··-·- O~FICE; USE ONLY

Name ~ ..... ,... l. (:!} _ lo;xs-~ l ~T-

~a~r~numb•rjj!!l. ndst·r." .. •t.J ··-·.-. ·-----~.~-. RECEIVED OCI 0 6 2~11::0:.. v

·--~(J)t~ __ J="~L , ::>~r-1 .... City, Stale, Zip Code

[) CHECK'IF AllDRESS HAS CHANGED {3.) ID Number: "'·"--···--·-·--·------......... , ..

lltJ Candidate (office sought): tiO;).Cti\:\2 Y ~ li.,X'p,.(> ·-~ --~--- . Clleckapproprlate.b<>x(es): 1 1 . · .. ~ ·· C"~-.1.--"'2

0 Polillc.al C<>minlttee . 0 C CK lF PC HI\$ DISBANDED 0 Committee of Continuous Existence 0 CHECK IF CCE HAS DISBANDED 0 Party ·executive Commlltee 0 Electioneering Commuriic~tion f] CHEOKlFNOOl'HER ELECTIONEERING

COMMUNICATION REPORT$ WILL BE FILJ;:O

. (S) Jl"EPORT IDENTIFIERS

From CJ I _}_ I !L 19 _"[_ I jt> I_!/.. Report Type ·~·----------::

Cover Period:

~rlglnal 0 AmE!ndment 0 .SpeciaiEiecUon Report 0 Independent Expenditure Report

(G) CONtRIBU'llONS JI'!IS RI::PORT'

cash & Ch~oks $ zso /, ----- •'--·----

'L.oans $

Total Monetary

ln·Kind

(7) EXPENDI-TURES THIS REPORT

Monetary Expenditures $

Transfers to ·Office Account $

Total Monetary

--·---·-··----·--···-··-·····----

0

.(8) Other Dls.trlbuttons $ 0

(~) 'toTAL. 1\'!anetary,Contributlons.To Date.~W {1il) $ . .JJ?3J"; ,_;o ··J;/35,()"'Q

TOTAL Mon.etary Expenditures 7o D.ate $ ___ _/.2 0 7_:.!.:!:_ __ ---

---·- lJ?DOO .. J·--::- ll> 1------1

(11) CERTIFICATION ___ It (sa first degree misdemeanor for any porsonlo f:alslfy a pnbflc Teoord .{ss. 839.13, F;S.) __ .. __ _

I certify that I have exarriined this t'Elport.and It{!; trqe, I certify that'J Mve exarriined. this rt>port and it Is true, correct, and .complete . . . correc. t, and oompl~te . . J . .

1 (T)-pename)~M/. L J.kAJ4~tt- -~- . (1Y/ename) 1lJnJ) ()('"f:"'<J,_(),[) I -~~~(IJyl~b.ml (only for OiifTre~SUr:er O·oeputy 11'()aSurer nifb(!ndldate -H::;7'-~;~for PC,._ffl & #ie'Cv01Wer1~nlrrn1n.). . . ./ -""! "\_~./~ t:loc!lonoorlngr.ommlln. orgpnltll.Jion)

_x .Ph_ / ~ .... ~::__ . x}L'--~.::~=-------=·~-:::::._. Sil)nature r . Signature

os .. QE 12 (Rev ·08104)

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CAMPAk~J TREASURER'S REPORT -ITEM IZ'i:D COIII1RIBUTIO.NS

(1) Name ..... ~~--R.c $od0 _______ _ (2) t.D Number -.. ~'---·----

ilirough (B)

Contrlbl,ltot Contribution 1"YR.!!. o-coo atlon ._..ns!L- .

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-..,.~-··-·-· __ ,. _____ _.,,. ·-·-···- -·-·-·····-·

.... , ___ ,, ___ , __ l, __

l_ ___ _ OS .o~ 1$ !Rev 08/03)

·---·-----·-··-·· ·---- ----S.5E REVERSE FOR INSTRUCTIONS AND CODE VALUES

. CAMPAIGN TREASURER'S ~EPOR't" IT'ioMIZED I)JSTRIBUtJONS

(1) Name _Jsrr_tOI']/~-- 'fZ<Gq.a.o ___ (2) 1 . .0. Num!ler --"·--·-.. ·----------

(~)-~o~?!!_•rio~ g r ro t{ thro~ q I 30t ll (4) Page ·-:; of L_ (51 (7} (8) .j9) --- Ml (~t)

______ !1!t! __ ._ full Name P.urpqse (6} (Last, Suffix; FIJ'St, Middle) (add office sought if

:Soquance .Street' A~d.ress & contribution to :a Related ·Number ...•. C)ty, State, Zfe Co.do -· c.andfdate) -·~·-~ _ Ekpen(flt_ures -~ A~ ~m._

~tve/m;"-l q 7JO ti!..__ t'J7.pi,O•JM<. 04

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---·-- ___ _...._.... _ _____ ) ______ , __

----·-·-···~-·-·-·-_ .. _, _____ _

____ ,,,.., ·----- ·-··--··---··---·-· -----·-·-· ·--'-.,.,··---·· ·-------·-

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•.

, __

CITY OF MASCOTTE

NOVEMBER 8, 2011 GENERAL ELECTIONS

CANDIDATE QUALIFYING PACKET CHECK LIST

o Introduction & Election Information

o Procedures for Qualification

o Election Calendar

o Campaign Treasurer & Designating Depository Form

o Loyalty Oath

0 Candidate's (qualified elector) Oath

o Oath of Office

o Statement ofFinancial Interest- Form I

o Election assessment

0 Undue burden form

0 Schedule of Financial reporting dates and 5 sets of report forms

o Florida Election Laws that contain a Copy of Chapters 97-106 of Florida Statutes

0 Statement of Candidate for receipt of Chapter 106, Statement you have read it and understand it-this must be filed within 10 days of qualifying.

o Political Campaign Signs

o Candidate & Treasurer's Handbook

0 City Charter

o Miscellaneous Information

I, "'\l) t-J'( )2_ 0 $v@

V'·i'~\{ 0 \? 5C4-V--\-that included the items listed above

Signature of Candidate

·EXHIBIT

'·····.r··

, candidate for the office of

, have received a qualifying packet

Date


2 Relative to his 2011 campaign for Mayor, did your office provide Mr. Rosado with a copy of the Candidate and Cam/atgn Treasurer Handbook as published b)l e Department of State, Division of Elections? (lJ Yes ( ) No. If yes, please indicate year . · f If no, did your office provide Mr Rosado with a similar-type document for his et' w? ()Yes () No If yes, please provide a copy of this document along with the completed affidavit If no, please explain what documents are given to a candidate for their review

\fu\5 ls ctR+ £ ' e · : a t <- ~ n · · c& · · · <J )'}·

3. Relative to his 2011 campaign for Mayor, did you or a member of your staff have any contact with Mr Rq{ado concerning a provision of Chapter 104 or Chapter 106, Florida Statutes? ()Yes (t/No If yes, please indicate whether the contact was in person, in writing, or by telephone and the subject matter of the contact Also, provide copies of any documentation of the contact Please provide a separate affidavit fi:om any member of your staff who was in contact with Mr Rosado or his staff, detailing th.e subject matter of the contact.

4 Did your office offer any training seminars/candidate workshops for c;thdidates seeking elective office in Mascotte prior to the Novembe:r 2011 election? ()Yes ( tyNo If yes, please state whether or not Mr .. Rosado attended and provide a copy of any attendance sheets from the seminar/workshop and list the subjects covered during the seminar/workshop.

5 Does your office provid. e candidatesheeking elective office within your jurisdiction with a copy of Chapter 104, Florida Statutes? ('o/Yes .• ),t,NIIil<o~. !!!!1!!!!!!!111-\

QT'\ (\ (_ 1) EXHIBIT_ ~ EX~~\IT ..,__ ___ _ Inv044 (5/08)

.

6 ~

If applicable, please provide a copy of the most recent Fmm 1 or Form 6 filed by~-

fYIR. Rcs_mo

I SWEAR OR AFFIRM THAI JHE INFORMAIION CONTAINED IN JHIS DOCUMENI IS COMPLETE

AND ACCURAIE 10 IHE BEST OF MY KNOWLEDGE .,,

Personally Known'{.___ or Produced Identification ___ _


Cas·e Investigator KS

EXHIBIT ~ Q (~ 2oP:f)

Inv044 (5/08) 2

832 Marquee Drive Minneola, Florida 34715 mobile: 321· .. 689-6874

• sales@webvelations .. com

Invoice For:

TbnyRosado Tony fur Mayor! Mascotte, FL 34753

Invoice

Date: 8/5/2011

Invoice NUIIlber: 518


----~------------···--M-NOo•·---~-----··-----·--···-----~-··---·WO¥•W_o_O_O __ N,,, ______ ,

!Line Items I I Service jjauanwll Description IIAmountjj SubTotal I loevelopnant Hours I[TI!wordpress website, customtheroowlth social roodla for Mayor Car1"9algnjl $80.0011 $40o.ooj !Hosting l~!cmnual hosting for www .tonyrosado.not II $4 .. ooll $4s.ooj Dorraln Narre ICJI~ww ..tonyrosado .. net domain registration 1~1 $8001 Registration

Grand Total: $456 .. 00

,- Cody Carmichael for City Council COdy IS running against Councilman Elmore Cody is a young man with drive and fresh new ideas. I have been .very Impressed by the things he wants to bnng to the City of Mascotte.

in his own words:

My name IS Cody Carmichael, 1 am 19 years old, and I am runnmg for seat 5 of the city council for Mascotte. i am runnmg because I would like to see the city out of the finanCial turmoil it has gotten mto. The main p01nts that i am stress1ng are community, growth, and youth. i wantto be a strong. part of the community, ano listen to the options and the op1nions of the citizens. 1 also feei that it's time lor a change In the council. I !eel that me be1ng a young man. i can bring new fresh ideas to the City. that may heip bring it out of the turmoil that it Is in. Something needs to change, so that the city can be 1n a stable financial pomt. i am a volunteer with Teen's Save, and ! am a firm believer 1n volunteenng, you should always help your neighbor.

,if,'!> ~ A c,, . <:-."h "'·"" ·~'\\ ~ Wf? w ~~- ~ -tf;:• -~

: Search

•... ·~~f:~~rr!\e~fu;:·. ~ First Rally Tony for Mayor of WJascotle

• Tony, a Supporter ot the Mascotte Fire Depanment

(:z_;

o Tony, South W3ke Chamber Soard Member

• 8ectionsNownt>er8,2011

4 Vote lOr Tony Rosado!

·>:.

CAI,!:NOAR: OCTOBER 2011

s M - w .,. "' s '

i - 3 4 5 6 7 8 9 10 11 12 13 14 lS

16 17 18 19 20 21 .22 23 24 25 26 27 28 29 30 31

« Sep

RECENFCOMMEI'fTS. ·--· :.

• Michael E-binger: You haYe my vote. You had came to my house today 1 ... »

• Robert:. After talking to severai other resldents ~ .. tthi ...

~SUBSCRIBE

~ '!!Jt< FOLLOW ME --0 ,FACEBOOK

·-;·

ARCHNES .c. ''' .,,:.- . :· ;-,-,_ r--~ • September 2011

• August2011

·BLOGROl.C. · . · ..• ~., .. ' ... >'-",.-··.

• BusSeMces

• Econorruc Growth


• Mf'k!ng Changes

• Metropolitan Planing CommiSSIOn

o ReadYtoWIO\I'e


. .•. '1~J~··;,;;;i)i~J~!! •LOQm

seat 5 of the city council for Mascotte. l am runrung because I wouid i!t<e

to see the city out of the finanCial turmoil it has gotten into. The marn porots that i am stressmg are community, growtll, and youth. i want to be a strong part of the community, and listen to the options and the opiniOns of the citizens. ! also feei that it's lime for a Change rn the

councn. 1 feel that me oerng a young man, 1 can bring new fresn Ideas to the city, that may help bnr.g it out oi the turmoH that it is ln. Something heeds to change, so that the city can bema stable finanmru poillt.. i am a volunteer with Teen's Save, and i am a firm believer m voiunteenng, you snould a~vays help your neighbor.

. CALENDARi OCTOBER 2011

s M 1' w T

u 3 4 s 6 9 10 11 12 13

16 17 18 19 20

23 24 25 25 27 30 31

« Sep

RECEN"ECOMMENTS; ·

~

7 14 21 28

s 1 8

lS 22 29

• Michael Ebfnger. You have my\'ote. You had

came to myhouse today'·-"'

~ Robert After"iaUGng to sevem other residents

aooutthi- ..

• RO!l<npauJz:Rollonpaulz(2 daysago)Tony,

We neeo you as our-'"

o Cenral Florida F"treflghters Volunteer Assoc.: Tony Rosado has SOOml us that he lS rommftte<:ito\V-)0

• Councilwoman Oebble Baird Flinn;

Endorsement!! I befie<1e Tony has the City ot Mas-•

.. ;~--~~~~~~·.: •,·.-·

o Bus Services

o Economtc Growth

o Future Transport?

• Making Changes

o WtetropoHran Planing Con"q"J'Iission

o Resay to Move

• South L.axe Task Force

; • ·- .A-;.:=~··;

;ME!"P.· • Logm

$ 2'fN.

o WordPcess

C"J 1-t iii s: t'l

l

RE: Documents request sales to: 'Keith Smith' 01/24/2012 05:44PM

.,_. __ ,_,......,,_,...,. __ ... __ p ..... ~,.,, ......... ---~·"·'--··-·~'"'--""""''"""~''""'"·-··--"'---.. ·--·· .... ·~---~-----···--· .. -·-·'<·~"'~·,~--

1 attachment

lnvoice518 pdf

Here is the invoice I provided.


to this Check cash

Invoice

cash 009l 24 7 00

209 00

I tried to get a copy of the check from USB online but since it's back in August/ I cannot access it


-----Original Message-----From' Keith Smith [mailto' Keith, Smith®myfloridalegal com] Sent' Tuesday, January 24, 2012 1'20 PM To: sales®webvelations com subject, Documents request

From' Keith Smith <Keith,Smith®myfloridalegal,com> Subject: Documents request

Message Body, Ms. Jones, On or about Jan, 5th, I mailed to you a letter requestind documents relative to work performed for Tony Rosado, a former candidate for Mayor of the town of Mascotte. At your earliest convenience, please let ne know the status of my request. Thank you for your cooperation in this matter Keith Smith, Investigator Florida Elections Commission

Ihis mail is sent via contact form on WEBvelations http,j/webvelations com

AFFIDAVIT OF BACKGROUND INFORMATION Case Number: FEC 11-244


Tony Rosado, being duly swom, says:

This affidavit is made upon my petsonal knowledge. P ..._, rr-:V> .:=:;

1.

2 I am of legal ageand competent to testify to the matters stated herj?:r i cur1tgtly

employed by G""::c e¥? "M4B~ as M~-<ri~ N ,~., .

"'.,., .r: ' J7 S.r- __. 3. Have you ever run for public office? If so, please name the office(s)~<£ raiflor a~the date(s) of the election(s) you ran in <~>5 " fll ' !£> .,.,. 0

NOV r.)olb __ <1t4-'{ (J&>WI\Jw ( _.:...N.;_<O_V><._'.-'L;)_,=(})...=...:o/;(_~_-.)_~~.~ .. . ~:-012-.=::..._ \~efo( ·\e> ~ ··--·---··-·---·------

4 Have you ever been appointed to act as a campaign treasurer (or deputy treasurer) for a candidate? If so, please nanre the candidate(s) you served as treastttet, the office(s) the candidate ra11 for, and the dates of the election(s).

1\ lf0 __ e:_: _____ ,. ___ . ___ _ ·--.. -·----·----·--..... _. -·----- ------

5 Have you ever held the office of chairperson or treasurer for a political committee? If so, please list the names and addresses ofthe committees and dates wherr you held the position

N1) ·---·------------

6 Have you ever held the office of chairperson or treasmet for a committee of continuous existence? (Committee of continuous existence is defined in Section 106 04, Florida Statutes.) If so, p.lease Hst the name aud addresses of the committees and dates when you held the position

tJ9

7 What action have you taken to determine your responsibilities under Florida's election laws?

(.eN

1 I /, v '

8

9

10

Do you possess a copy of Chapter 104, Florida Statutes?

If so, when did you first obtain it?

Have you read Chapter 104, Florida Statutes?

c6es D No

0'Y~ 0 No

The following questions pertain to your website

11 According to Gayle Jones of Webvelations, you paid for a portion of the website by means of check #0091 and the remainder in cash. Was the check issued as payment issued from your campaign account or your personal account?

---------·----------·-------------·-----------------·--------·------------12. When the website was initially created on or about August 5, 2011, did it include the button, "CODY CARMICHAEl FOR CITY COUNCil," as well as the information about Mr. Carmichael? If not, when was this information added to the website?

(\1Q .. _:_-_:_ __ _tl6'T 'SV<t:- GJ\412N \ ~1__ll_ OJ __ _

. 'k-lfk? ____ (JveksL±e~------------------·-----------B In your response, you indicated that you inserted information about Cody Carmichael onto your website and thought his story might be of interest to the public.. Prior to displaying this information onto your website, did you advise him that you intended to display information about him on your website? \

____ ...N o~r_5->:::!.~ ___ _n: ____ \ _ __b_l_a _________ .. -·-------------------·------------------------------·· 14 Did you charge Mr Cm:michael anything for displaying his information on your website? If so, please specify the amount

15 Did you get the information and the photos used as part of the slideshow directly fiom Mr. Carmichael? If not, please explain how you obtained the inf01mation/photos ..

'v~ us-A~ BuT tN {M-e-- • "S l 1 ck-s 64etxJ ----------

-----·------------------1 6 Did you consider displaying information about the other candidates seeking office in

Mascotteonyourwebsite? l'\,t?~ \3v';r-~-::15l: ~< MJ j Coo)J

Btimb,~l_ lnv040 (6/08) 2

17 In yow response, you indicated that when it was brought to yow attention that having infotmation about Mr Cmmichael on your website could be a violation, you had the information removed. Was it Mr Ehnore that brought this to your attention or someone else? If someone else, please identify the individual and briefly describe the conversation.

.. ::PJ-: \A IA-'3. .. 13\,H<.JYC: . -~-··· .__& k\.t-e.<b 11.. 0 _ tf..llf-# -·

\A-<-"f•-1 f!vAP d~. <:'2.£0 Mf3A.I4~---18 As pmt of yom response, you indicated that you had .the infonnation about Mr Cmmichael removed fiom your website When (on what date, approximately) was the information removed from the website? (Mr Elmore's complaint was notmized on October 12, 2011 and with his complaint he submitted the webpage at issue which included the information about Cody CarmichaeL)

____ f...S __ S'~..J AS \ ~ tVeJ _o.Cd_-st+1A--

4--o\d . l± Wl.,(};, t.Jrrn)s---h!= V-lP>-S _ (k-toW-cJ~

19. Prior to displaying the information about Mr. Cmmichael on your website, whom did you consult or seek guidance fiom to determine whether this activity might be construed as aiding or promoting another candidate's election to office?

··-----·-------The following questions pertain to the sign

20. From a. review of your response, it is my understanding that you had _9;fllY one campaign sign posted and that sign was located at your residence. Is that conect? WYes ()No. If no, please explain otherwise

__,Gc~;,e.-=-5-~ t44J ---~ MY Qr-o~+t~

M )'@<It(__ 0 A l ...

21 From a review ofyour response, it appems as though the intent of the sign was to let the citizens know that they could ask Mr. Rainirez and Mr Ehnore about the city's debt If so, why would you only post one sign, instead of multiple signs, and why post it at your residence, instead ofthroughout the town?

P* \~- I t-J 'V\'( \{ 4td r\c) fuCovr·~ h 11,0-log.ue...

,~-\:--\e __ '51~~ t{ ~~ J- \,S pA-rl- ~F-1--v'( -~ S* 3 ~-'tC--vO~ f2t~f> Jnv040 (6108)

22 When (on what date, approximately) was the sign fust posted? Did you keep the sign posted throughout the duration of the campaign?

. I HEREBY SWEAR OR AF'FIRM THAI THE FOREGOING INFORMAIION IS IRUE A."'D COR~§s:;:J>TO

IHE BEST OF MY KNOWLEDGE. ~-·---·--· ....... .,. ....... .-

W~\f.\:~ M. !CHELLE HAWKINS

• ~mmlsslon #DO 969850 EXpires July 1V, 2014 llondodllw!fVJ""'""""'-··l'll"

Case !nve·stlgator. J<.:S

lnv040 (6/08)

/' _ ......... . <....___ .. .----~

.. '


Sworn to (or affinned) and subscribed before me this a3 ___ dayot

__ jcl)J:UQ&~ --~ 20Jfl.__,

- ~ o ofNotary Public - State of Florida

Pr'int, ypc, or Stmnp Commissioned Name of Nota1·y Public

Personally Known 1.. or P1~uced Identification ...:::::::::-_

I ype of Identification Produced: --·-

, __

CITY OF MASCOTTE

NOVEMBER 8, 2011 GENERAL ELECTIONS

CANDIDATE QUALIFYING PACKET CHECK LIST

0 Introduction & Election Information

o Procedures for Qualification

0 Election Calendar

0 Campaign Treasurer & Designating Depository Form

o Loyalty Oath

0 Candidate's (qualified elector) Oath

o Oath of Office

0 Statement of Financial Interest- Form I

0 Election assessment

o Undue burden form

o Schedule of Financial reporting dates and 5 sets of report forms

o Florida Election Laws that contain a Copy of Chapters 97-106 of Florida Statutes

o Statement of Candidate for receipt of Chapter I 06, Statement you have read it and understand it-this must be filed within lQ days of qualifying

o Political Campaign Signs

0 Candidate & Treasurer's Handbook

o City Charter

0 Miscellaneous Information

-- 2 L. I, --~\.-'D.L'-t-.}::e.'{-=t--<)=-o_· -'$=-~-'' ""'-""'-=-----------'' candidate for the office of

__ __,~,_''{-"-f~lf'£-'t:-'0""-"\2,___""'5""C"-4r""' '--\-_,___,...:.:?""'?'-----;-7;'--· __, have received a qualifying packet

r\ j'-that included the items listed above ..

Signature of Candidate Date

RE: Checklist for 2010 election Michelle Hawkins to: Jacqueline Davison

This message has been replied to, ~---------------- ---------

Good Afternoon,

09/04/2012 03:01 PM

Attached is the information that you requested, let me know if you need anything else. Thanks and have a great day



PLEASE NOTE: Florida has a very broad public record law.. Most written communications to or from City officials regarding City business are public records, available to the public and media upon request Under Florida law, e-mail addresses are public records,, If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity Instead, contact this office by phone or in writing.,

PLEASE NOTE: Florida has a very broad public record law Most written communications to or from City officials regarding City business are public records, available to the public and media upon request. Under Florida law, e-mail addresses are public records,, If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity., Instead, contact this office by phone or in writing.,

-----Original Message-----From: Jacqueline Davison [mailto:Jacqueline Davison®myfloridalegal,com] Sent: Friday, August 31, 2012 10:01 AM To: Michelle Hawkins Subject: Checklist for 2010 election

Good morning,

It was a pleasure meeting you yesterday.,

Could you please send me a copy of Mr Rosado's 2010 checklist (when he ran for city commission) ?

Thanks,

Jacqueline M Davison Assistant General Counsel

Florida Elections Commission The Collins Building 107 W. Gaines St .. , Suite 224 Tallahassee, FL 32399 (850) 922-4539

Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure ..

~ 20120904145254648 .. pdf

Amended Notice of Taking Depositions Jacqueline Davison to: tony.rosado

From: Jacqueline Davison/OAG To: tony [email protected]

Please see attached.

Thanks,

12-08-28 Second Amended Notice ofTaking Deposition .. pdf Jacqueline M .. Davison Assistant General Counsel Florida Elections Commission The Collins Building 107 W Gaines St, Suite 224 Tallahassee, FL 32399 (850) 922-4539

08/28/2012 03:10PM

case# 12-2283 Randy Brasher to: jacqueline davison 08/28/2012 02:55 PM Show Details

History: This message has been replied to. 3 Attachments

~ ~

imageOO l .. gif image006 .jpg image007jpg

Page 1 of 1

This email stands as confirmation that I spoke with Jacqueline Davison in reference to change in time for deposition from 12:30 pm Thursday to 3:30pm Wednesday ..

Thanks,

Randy Brasher

'Rarufy £.. 'Brasfier· .Jire Cliief .Mascotte :fire Rescue .529 'E. Myers 'Bfvd: .Mascotte, .Jforilfa ~475~ Office: 352-429-4766 Ce(£: 352-267-9514 J'ax: 352-429-0713

~ •.. ~ There is fitt[e aijJerence inyeoy[e, 6ut tfiat fitt[e aijference mak-e.s a 6ig aifference. Tfie utt{e aifference is attituae 'Tfie 6ig aijference is wlietlier it is positive or negative PLEASE NOTE: Flor'ida has a very br·oad public recor·ds law. All written communications to or from City officials r'egar·ding City business ar·e public tecords .. available to the public and media upon r·equest Under· Flodda law, e-mail addr·esses ar·e public r·ecords. If you do not want your email addr·ess released in r'esponse to a public-records request, do not send electronic mail to this entity Instead contact this office by phone ot in writing

file://C:\Users\davisonj\AppData\Local\Temp\notesFCBCEE\-web2207 .. htm 8/28/2012

Re: Amended Notice of Taking Deposition @ Jacqueline Davison to: Tony Rosado

Can you please return the signed subpoena to me via email ASAP?

Thank you.

Jacqueline M., Davison Assistant General Counsel Florida Elections Commission The Collins Building 107 W Gaines St, Suite 224 Tallahassee, FL 32399 (850) 922-4539

08/27/2012 03:26PM

"To~y Rosado" I did not m<3.keJt to .city hall yesterdaybut11ifiH do - ' '68i23120~f2)1'42:52 AM


"Tony Rosado" <Tony [email protected]> "Jacqueline Davison" <Jacqueline .Davison@myfloridalegal .com> 08/23/2012 11 :42 AM Re: Amended Notice of Taking Deposition

I did not make it to city hall yesterday but will do it today

Sent from my Verizon Wireless 40 LTE DROID

Jacqueline Davison <Jacqueline Davison@myfloiidalegaLcom> wrote:

Please see attached (See attached file: 12-08-23 Amended Notice of Taking Deposition .. pdf)

Jacqueline M. Davison Assistant Geneial Counsel Floiida Elections Commission The Collins Building I 07 W Gaines St, Suite 224 Tallahassee, FL 32399 (850) 922-4539

Please note that Florida has a broad public records law, and that all couespondence to me via email may be su~ject to disclosure.

Re: Public Records Request Roxanne Brown to: Jacqueline Davison

Oh ok, thanks. I guess I haven't gotten that far yet ..

On 8/27/12 1:42 PM, "Jacqueline Davison" <Jacqueline.Davison®myfloridalegal com> wrote:

08/27/2012 01 :43 PM

> The complaint starts on page 120 in one of the pdfs I previously sent you .. > Let me know if you need anything else .. > > Jacqueline M. Davison > Assistant General Counsel > Florida Elections Commission > The Collins Building > 107 w Gaines St., Suite 224 > Tallahassee, FL 32399 > (850) 922-4539 > > > > > From: Roxanne Brown <roxannebrown®dailycommercial.com> >To: Jacqueline Davison <Jacqueline Davison®myfloridalegal.com> > Date: 08/27/2012 01:25 PM > Subject: Re: Public Records Request > > > > Ms Davison, > > Thank you so much for forwarding the documents I requested in the case > against Tony Rosado .. > > In looking through them however, I don't see the original complaint filed > by > Stephen Elmore with your office .. > > Therefore, I would like to do one more public records request for that > documentation as well .. > > If you have any questions or anything more from me, just call me at > 352-394-2183 .. > > Thanks, > > ---- ----> Roxanne Brown > Reporter > The Daily Commercial/South Lake Press > Ph. 352-394-2183 > > > On 8/24/12 4:56 PM, "Jacqueline Davison" > <Jacqueline.Davison®myfloridalegal com> wrote: > >> 32399

> > > > > > > Please note that Florida has a broad public records law, and that all > correspondence to me via email may be subject to disclosure >

Re: Public Records Request @lj Jacqueline Davison to: .Roxanne Brown 08/27/2012 01:42PM

The complaint starts on page 120 in one of the pdfs I previously sent you. Let me know if you need anything else

Jacqueline M .. Davison Assistant General Counsel Florida Elections Commission The Collins Building 107 W. Gaines St., Suite 224 Tallahassee, FL 32399 (850) 922-4539

Roxanne Brown --- ---


Ms Davison,

Roxanne Brown <[email protected]> Jacqueline Davison <Jacqueline . [email protected]> 08/27/2012 01:25PM Re: Public Records Request

Thank you so much for forwarding the documents I requested in the case against Tony Rosado.

In looking through them however, I don't see the original complaint filed by Stephen Elmore with your office

Therefore, I would like to do one more public records request for that documentation as well ..

If you have any questions or anything more from me, just call me at 352-394-2183.

Thanks,

Roxanne Brown Reporter The Daily Commercial/South Lake Press Ph 352-394-2183

On 8/24/12 4:56 PM, "Jacqueline Davison" <Jacqueline.Davison®myfloridalegal com> wrote:

> 32399

Re: Amended Notice of I aking Deposition Tony Rosado to: Jacqueline Davison 08/23/2012 11:42 AM Show Details

I did not make it to city hall yesterday but will do it today

Sent ji·om my Verizon Wireless 4G LIE DROID

Jacqueline Davison <JacquelineDavison@myfloridalegaLcom> wrote:

Please see attached (See attached file: 12-08-23 Amended Notice of Taking Deposition pdf)

Jacqueline M. Davison Assistant General Counsel Florida Elections Commission The Collins Building 107 W Gaines St, Suite 224 I allahassee, FL 32399 (850) 922-4539

Please note that Florida has a broad public records law, and that all correspondence to me via email may be su~ject to disclosure ..

file:/ /C:\Users\davisol"\j\AppData\Local\ I emp\notesF CBCEE\-web6648 .htm

Page 1 of 1

8/23/2012

Subpoena Attachment Jacqueline Davison to: tony.rosado

DOC082012 .pdf Jacqueline M .. Davison Assistant General Counsel Florida Elections Commission The Collins Building 107 W Gaines St, Suite 224 Tallahassee, FL 32399 (850) 922-4539

08/20/2012 02:22 PM

Subpoena Jacqueline Davison to: Tony.Rosado 08/20/2012 02:21 PM -----------------------------------

Please see the attached Subpoena You need to print it out, and write on the front of it somewhere "I accept service" along with your signature and the date. You can either scan and email it back to me, or fax it back to us at 850-921-0783

This email also serves as a reminder that the various discovery documents I sent to you previously are due back by Monday, July 27, 2012

Jacqueline M .. Davison Assistant General Counsel Florida Elections Commission The Collins Building 107 W. Gaines St, Suite 224 Tallahassee, FL 32399 (850) 922-4539

= li~ I'~ ~:~:1

Notice of Taking Deposition Jacqueline Davison to: tony.rosado

Please see attached

12-08-073 Notice ofTaking Deposition pdf Jacqueline M. Davison Assistant General Counsel Florida Elections Commission The Collins Building 107 W Gaines St, Suite 224 Tallahassee, FL 32399 (850) 922-4539

08/07/2012 10:16 AM

Response to Initial Order Jacqueline Davison to: tony,rosado _____ __;_

Mr, Rosado,

07/02/2012 03:56PM

Attached is the Response to Initial Order filed on the doah website, I also noticed that through the eALJ link on the site, you can request subpoenas

Thanks,

~ 12-07-02 Response to Initial Order,pdf

Jacqueline M, Davison Assistant General Counsel Florida Elections Commission The Collins Building 107 W, Gaines St, Suite 224 Tallahassee, FL 32399 (850) 922-4539

DOAH Jacqueline Davison to: tony. rosado 07/02/2012 03:20PM

From: Jacqueline Davison/OAG

To: tony . [email protected]

Mr. Rosado,

The website I was referring to is doah .. state.fl.us. On the left side is "case search" and you can search for our case via your name, my name, or a number of other ways.

They also prefer you file documents via the eALJ. Feel free to contact me with any other procedural questions

Thanks,

Jacqueline M.. Davison Assistant General Counsel Florida Elections Commission The Collins Building 107 W Gaines St, Suite 224 Tallahassee, FL 32399 (850) 922-4539

STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA ELECTIONS COMMISSION,

Petitioner(s),

vs .. Case No. 12-2283

TONY ROSADO,

Respondent (s),

SUBPOENA AD TESTIFICANDUM

TO: Randy L ,, Brasher

42 S, Bay Lake Ave

Mascotte, FL 34753

YOU ARE COMMANDED to appear at County Administration Building,

315 W. Main St., Room 334, Tavares, FL 34753

to testify at a deposition/~~ll::Klj (strike

one) at 12:30o'clock..l2_,m,, on the 30thdayof August , 2011._

YOU SHALL RESPOND to this Subpoena as directed unless excused by the party who requested issuance of the Subpoena or by order of the Division of Administrative Hearings,

ISSUED this 23rd day of August, 2012, in Tallahassee, Leon County, florida,

JAMES H, PETERSON, II I Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax filing (850) 921-6847 www.doah.state,fl,us

THIS SUBPOENA HAS BEEN ISSUED AT THE REQUEST OF:

Jacqueline Davison (850)922-4539

Section 120.569(2) (kJ, Florida Statutes

{k)1. Any person subject to a subpoena may, before compliance and on timely petition, request the

RECEIVED THIS SUBPOENA ON:

---------------------' 20 ___ , at

presiding officer having jurisdiction of the dispute o'clock, .m , and served the same on to invalidate the subpoena on the ground that it was not lawfully issued, is unreasonably broad in scope, or requires the production of irrelevant material -----------------------' 20 ___ , at

2. A party may seek enforcement of a subpoena, o'clock, order directing discovery, or order imposing sanctions

m , by delivering a true copy

issued under the authority of this chapter by filing a petition for enforcement in the circuit court of the judicial circuit in which the person failing to comply with the subpoena or order resides. A failure to comply with an order of the -court shall result in a finding of contempt of court. However, no person shall be in contempt while a subpoena is being challenged under subparagraph 1.. The court may award to the prevailing party all or part of the costs and attorney's fees incurred in obtaining the court order whenever the court determines that such an award should be granted under the Florida Rules of Civil Procedure

3. Any public employee subpoenaed to appear at an agency proceeding shall be entitled to per diem and travel expenses at the same rate as that provided for state employees under s 112 061 if travel away from such public employee's headquarters is required All other witnesses appearing pursuant to a subpoena shall be paid such fees and mileage for their attendance as is provided in civil actions in circuit courts of this state In the case of a public employee, such expenses shall be processed and paid in the manner provided for agency employee travel expense reimbursement, and in the case of a witness who is not a public employee, payment of such fees and expenses shall accompany the subpoena ..

Florida Administrative Code Rule 28-106.212

{1) Upon the request of any party, a presiding officer shall issue subpoenas for the attendance of witnesses for deposition or at the hearing Ihe requesting party shall specify whether the witness is also requested to bring documents

(2) A subpoena may be served by any person specified by law to serve process or by any person who is not a party and who is 18 years of age or older Service shall be made by delivering a copy to the person named in the subpoena.. Proof of service shall be made by affidavit of the person making service if not served by a person specified by law to serve process.

(3) Any motion to quash or limit the subpoena shall be filed with the presiding officer and shall state the grounds relied upon

Specific Authority 120 .. 54(5) FS .. Law Implemented _120 569, 120.57 FS History--New 4-1-97

Page 2, Case Number 12-2283

thereof (together with the fee for one day's

attendance and the mileage allowed by law*)

to: __________________________ ___

A, COMPLETE IF SERVED BY SHERIFF OR APPOINTEE

____________________ , 2 o_

at o'clock, ,,m

By: _____________________________ ___

Title: ______________________ __

B AFFIDAVIT IF SERVED BY OTHER PERSON

-------------------' 20_

By: -------------

Sworn and subscribed to before me,

this day of ----------------' 20 ___ , in

County, Florida.

Type of identification: ________________ _

or {check if) personally known.,

(notary public)

SEAL:

NO~E: Notarized Affidavit required only if service is made by a person other than a Sheriff, a Deputy Sheriff, or a certified process server Chapter 48, Florida Statutes

*Fees and mileage need not be tendered to public employees subject to section 112 .. 061, Elorida Statutes.



Petitioner ( s) ,

vs ..

TONY ROSADO,

Respondent (s).

TO: Tony Rosado 625 Pearl Street Mascotte, FL 34 753

Case No .. 12-2283




one) at eight o'clock

to testify at a deposition/ll!:Xl>l!:Xlilil>~X~ (strike

day of _A-'u-"g"-u"-st'-----' 20 12 .. a .. m .. , on the 30th

YOU SHALL RESPOND to this Subpoena as directed unless excused by the party who requested issuance of the Subpoena or by order of the Division of Administrative Hearings.

ISSUED this 7th day of August, 2012, in Tallahassee, Leon County, Florida ..

JAMES H.. PETERSON, II I Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www .. doah .. state.fl .. us



Section 120.569(2) Ck), Florida Statutes

(k)l Any person subject to a subpoena may, before compliance and on timely petition, request the presiding officer having jurisdiction of the dispute to invalidate the subpoena on the ground that it was not lawfully issued, is unreasonably broad in scope, or requires the production of irrelevant material

2 A party may seek enforcement of a subpoena, order directing discovery, or order imposing sanctions issued under the authority of this chapter by filing a petition for enforcement in the circuit court of the judicial circuit in which the person failing to comply with the subpoena or order resides. A failure to comply with an order of the court shall result in a


------------------' 20 , at

o'clock, .m .. , and served the same on

--------------------' 20 , at

o'clock, .. m .. , by delivering a true copy



finding of contempt of court However, no person to: __________________________________ ___ shall be in contempt while a subpoena is being challenged under subparagraph 1 Ihe court may award to the prevailing party all or part of the costs and attorney's fees incurred in obtaining the court order whenever the court determines that such an award should be granted under the Florida Rules of Civil Procedure.

3 Any public employee subpoenaed to appear at an agency proceeding shall be entitled to per diem and travel expenses at the same rate as that provided for state employees under s. 112. 061 if travel away from such public employee's headquarters is required. All other witnesses appearing pursuant to a subpoena shall be paid such fees and mileage for their attendance as is provided in civil actions in circuit courts of this state, In the case of a public employee, such expenses shall be processed and paid in the manner

A.. COMPLETE IF SERVED BY SHERIFF OR APPOINTEE

-------------------' 20

at o'clock, m

By: --------------------------------Title:

provided for agency employee travel expense B AFFIDAVIT IF SERVED BY OTHER PERSON reimbursement, and in the case of a witness who is not a public employee, payment of such fees and expenses shall accompany the subpoena


(1) Upon the request of any party, a presiding officer shall issue subpoenas for the attendance of witnesses for deposition or at the hearing Ihe requesting party shall specify whether the witness is also requested to bring documents.

(2) A subpoena may be served by any person

this

--------------------' 20 By: __________________________ _


day of --------------' 20 , in

County, Florida ..

specified by law to serve process or by any person who is not a party and who is 18 years of age or older Type of identification: __________________ _ Service shall be made by delivering a copy to the person named in the subpoena Proof of service shall be made by affidavit of the person making service if not served by a person specified by law to serve process.


Specific Authority 120.,54(5) FS. law Implemented 120.569, 120.57 FS History--New 4-1-97 ..


or (check if) ___ personally known

(notary public)

SEAL:

NOTE: Notarized Affidavit required only if service is made by a person other than a Sheriff, a Deputy Sheriff, or a certified process server. Chapter 48, Florida Statutes

*Fees and mileage need not be tendered to public employees subject to section 112.061, Florida Statutes



Petitioner(s),

vs ..

TONY ROSADO,

Respondent(s),

TO: Michelle Hawkins, City Clerk City of Mascotte 100 E Myers Blvd. Mascotte, FL 34753

Case No. 12-2283




to testify at a deposition/l~X~XX~~~X~ (strike

one) at 10:30 o'clock a .. m .. , on the 30th day of August , 20~

YOU SHALL RESPOND to this Subpoena as directed unless excused by the party who requested issuance of the Subpoena or by order of the Division of Administrative Hearings ..

ISSUED this 7th day of August, 2012, in Tallahassee, Leon County, Florida.

JAMES H. PETERSON, I II AdministYative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-684 7 www.doah.state.fl.us



Section 120.569(2) (k), Florida Statutes

(k)1. Any person subject to a subpoena may, before compliance and on timely petition, request the presiding officer having jurisdiction of the dispute to invalidate the subpoena on the ground that it was not lawfully issued, is unreasonably broad in scope, or requires the production of irrelevant material

2. A party may seek enforcement of a subpoena, order directing discovery, or order imposing sanctions issued under the authority of this chapter by filing a petition for enforcement in the circuit court of the judicial circuit in which the person failing to comply with the subpoena or order resides A failure to comply with an order of the court shall result in a finding of contempt of court However, no per:son shall be in contempt while a subpoena is being challenged under subparagraph 1 Ihe court may award to the prevailing party all or part of the costs and attorney's fees incurred in obtaining the court order whenever the court determines that such an award should be granted under the Florida Rules of Civil Procedure.

3. Any public employee subpoenaed to appear at an agency proceeding shall be entitled to per diem and travel expenses at the same rate as that provided for state employees under s. 112 061 if travel away from such public employee's headquarters is required All other witnesses appearing pursuant to a subpoena shall be paid such fees and mileage for their attendance as is provided in civil actions in circuit courts of this state. In the case of a public employee, such expenses shall be processed and paid in the manner

RECEIVED THIS SOBPOENA ON:

----------------------' 20 ___ , at

o 1 clock, m., and served the same on

----------------------' 20 ___ , at

o 1 clock, .. m .. , by delivex·ing a true copy



to: __________ . __________________ __

A COMPLETE IF SERVED BY SHERIFF OR APPOINTEE

--------------------' 20 __ _

at o'clock, .. m

By: __________________________ _

Title: ______________________ __

provided for agency employee travel expense B AFFIDAVIT IF SERVED BY OTHER PERSON reimbursement, and in the case of a witness who is not a public employee, payment of such fees and expenses shall accompany the subpoena


(1) Upon the request of any party, a presiding officer shall issue subpoenas for the attendance of witnesses for deposition or at the hearing. Ihe requesting party shall specify whether the witness is also requested to bring documents

(2) A subpoena may be served by any person specified by law to serve process or by any person who is not a party and who is 18 years of age or older. Service shall be made by delivering a copy to the perSon named in the subpoena. Proof of service shall be made by affidavit of the person making service if not served by a person specified by law to serve process

(3) Any_motion to quash or limit the subpoena shall be filed with the presiding officer and shall state the grounds relied upon

Specific Authority 120 .. 54(5) FS. I-aw Implemented 120.569, 120.57 FS. History--New 4-1-97


20_

By: ________________________ __


this day of --------------' 20 , in

County, Fl6rida ..

Type of identification: ________________ __

or (check if) personally known ..

(notary public)

SEAL:

NOIE: Notarized Affidavit required only if service is made by a person other than a Sheriff, a Deputy Sheriff, or a certified process server Chapter 48, Florida Statutes.

*Fees and mileage need not be tendered to public employees subject to section 112 .. 061, Florida Statutes



Petitioner(s),

vs ..

TONY ROSADO,

Respondent ( s) .

TO : Cody Carmichael 76 Tuscanooga Rd Mascotte, FL 34753

Case No .. 12-2283




to testify at a deposition/ll!:X~li:XXl§X:tl!:~ (strike

one) at __ 1_2_:3_0 o'clock P .. m .. , on the 30th day of August , 20~



JAMES H.. PETERSON, II I Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www .. doah.state .. fl .. us




(k) 1. Any person subject to a subpoena may, before compliance and on timely petition, request the presiding officer having jurisdiction of the dispute to invalidate the subpoena on the ground that it was not lawfully issued, is unreasonably broad in scope, or requires the production of irrelevant material

2 A party may seek enforcement of a subpoena, order directing discovery, or order imposing sanctions issued under the authority of this chapter by filing a petition for enforcement in the circuit court of the judicial circuit in which the person failing to comply with the subpoena or order resides A failure to comply with an order of the court shall result in a finding of contempt of court However, no person shall be in contempt while a subpoena is being challenged under subparagraph 1 Ihe court may award to the prevailing party all or part of the costs and attorney's fees incurred in obtaining the court order whenever the court determines that such an award should be granted under the Florida Rules of Civil Procedure,

3 Any public employee subpoenaed to appear at an agency proceeding shall be entitled to per diem and travel expenses at the same rate as that provided for state employees under s 112 061 if travel away from such public employee's headquarters is required All other witnesses appearing pursuant to a subpoena shall be paid such fees and mileage for their attendance as is provided in civil actions in circuit courts of this state. In the case of a public employee, such expenses shall be processed and paid in the manner provided for agency employee travel expense reimbursement, and in the case of a witness who is not a public employee, payment of such fees and expenses shall accompany the subpoena.


(1) Upon the request of any party, a presiding officer shall issue subpoenas for the attendance of witnesses for deposition or at the hearing Ihe requesting party shall specify whether the witness is also requested to bring documents.

(2) A subpoena may be served by any person specified by law to serve process or by any person who is not a party and who is 18 years of age or older .. Service shall be made by delivering a copy to the person named in the subpoena Proof of service shall be made by affidavit of the person making service if not served by a person specified by law to serve process


Specific Authority 120 .. 54(5) FS Law Implemented 120 569, 120 57 FS History--New 4-l-97



' 20 ' at --o 'clockr .. m .. , and served the same on

' 20 -- ' at

o'clockr .. m., by delivering a true copy



to: ______________________ ___

A. COMPLETE IF SERVED BY SHERIFF OR APPOINTEE

-------------------' 20

at o'clock, .. m ..

By: ---------------------------Title:

B. AFFIDAVIT IF SERVED BY OTHER PERSON

20

By: ---------------------------


this day of 20 , in

County, Florida

Iype of identification: _________ _

or (check if) personally known ..

(notary public)

SEAL:

NOIE: Notarized Affidavit required only if service is made by a person other than a Sheriff, a Deputy Sheriff, or a certified process server. Chapter 48, Florida Statutes.

*F'ees and mileage need not be tendered to public employees subject to section 112 .. 061, F·lorida Statutes.



Petitioner ( s) ,

vs.,

TONY ROSADO,

Respondent(s).

TO: Gayle Jones, Webvelations 832 Marquee Dr. Minneola, FL 34715

Case No .. 12-2283




to testify at a deposition/~~XX~X~X~~ (strike

one) at two o'clock P.m .. , on the 30th day of August , 20~



JAMES H .. PETERSON, III Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us



Section 120.569 (2) (k), Florida Statutes

(k)1. Any person subject to a subpoena may, before compliance and on timely petition, request the presiding officer having jurisdiction of the dispute to invalidate the subpoena on the ground that it was not lawfully issued, is unreasonably broad in scope, or requires the production of irrelevant material

2 A party may seek enforcement of a subpoena, order directing discovery, or order imposing sanctions issued under the authority of this chapter by filing a petition for enforcement in the circuit court of the judicial circuit in which the person failing to comply with the subpoena or order resides A failure to comply with an order of the court shall result in a finding of contempt of court However, no person shall be in contempt while a subpoena is being challenged under subparagraph 1 Ihe court may award to the prevailing party all or part of the costs and attorney's fees incurred in obtaining the court order whenever the court determines that such an award should be granted under the Florida Rules of Civil Procedure

3 Any public employee subpoenaed to appear at an agency proceeding shall be entitled to per diem and travel expenses at the same rate as that provided for state employees under s. 112 061 if travel away from such public employee's headquarters is required. All other witnesses appearing pursuant to a subpoena shall be paid such fees and mileage for their attendance as is provided in civil actions in circuit courts of this state. In the case of a public employee, such expenses shall be processed and paid in the manner provided for agency employee travel expense reimbursement, and in the case of a witness who is not a public employee, payment of such fees and expenses shall accompany the subpoena,


(1) Upon the request of any party, a presiding officer shall issue subpoenas for the attendance of witnesses for deposition or at the hearing Ihe requesting party shall specify whether the witness is also requested to bring documents

(2) A subpoena may be served by any person specified by law to serve process or by any person who is not a party and who is 18 years of age or older Service shall be made by delivering a copy to the person named in the subpoena Proof of service shall be made by affidavit of the person making service if not served by a person specified by law to serve process


Specific Authority 120.54(5) FS Law Implemented 120 569, 120.57 FS History--New 4-1-97.



------------------' 20 , at

o'clock, m .. , and served the same on

-----------------------' 20 ___ , at

o'clock, .. m .. , by delivering a true copy



to: ____________________________ __


-------------------' 20

at o'clock, m ..

By: ---------------------------Title: ______________________ __

B.. AFFIDAVIT IF SERVED BY OTHER PERSON

-------------------' 20 ___

By: ---------------------------


this day of ----------------' 2 0 , in

County, Florida

Type of identification: ________________ _

or (check if) personally known

{notary public)

SEAL:


*Fees and mileage need not be tendered to public employees subject to section 112 061, Florida Statutes



Petitioner ( s) ,

VS.,

TONY ROSADO,

Respondent(s)

TO : Jim Gleason, City Manager City of Mascotte 100 E Myers Blvd. Mascotte, FL 34753

Case No. 12-2283




to testify at a deposition/lll:Xl{ll:X~l§::tX~ (strike

one) at 2:30 o'clock .£_.m., on the 30th day of August , 20~.



JAMES H. PETERSON, III Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www .. doah .. state. fl. us




{k)l Any person subject to a subpoena may, before compliance and on timely petition, request the presiding officer having jurisdiction of the dispute to invalidate the subpoena on the ground that it was not lawfully issued, is unreasonably broad in scope, or requires the production of irrelevant material ..

2. A party may seek enforcement of a subpoena, order directing discovery, or order imposing sanctions issued under the authority of this chapter by filing a petition for enforcement in the circuit court of the judicial circuit in which the person failing to comply with the subpoena or order resides. A failure to comply with an order of the court shall result in a

RECEIVED THIS, SUBPOENA ON:

' 20 ' at --o'clock, .. m .. , and served the same on

' 20 -- ' at

o'clock/ .. m., by delivering a true copy



finding of contempt of court However, no person to: ____________________________________ _

shall be in contempt while a subpoena is being challenged under subparagraph 1 Ihe court may award to the prevailing party all or part of the costs and attorney's fees incurred in obtaining the court order whenever the court determines that such an award should be gtanted under the Florida Rules of Civil Procedure

3 Any public employee subpoenaed to appear at an agency proceeding shall be entitled to per diem and travel expenses at the same rate as that provided fot state employees under s 112.061 if travel away from such public employee's headquarters is required All other witnesses appearing pursuant to a subpoena shall be paid such fees and mileage for their attendance as is provided in civil actions in circuit courts of this state In the case of a public employee, such expenses shall be processed and paid in the manner provided for agency employee travel expense reimbursement, and in the case of a witness who is not a public employee, payment of such fees and expenses shall accompany the subpoena


(1) Upon the request of any party, a presiding officer shall issue subpoenas for the attendance of witnesse·s for deposition or at the hearing Ihe requesting party shall specify whether the witness is also requested to bring documents.

(2) A subpoena may be served by any person


-----------' 20

at o'clock, m.

By: ----------------------I i tle:

B AFFIDAVIT IF SERVED BY OTHER PERSON

20

By: ----------------------


this day of ------------' 20 , in

County, Florida ..

specified by law to serve process or by any person who is not a party and who is 18 years of age or older Type of identification=--------------------Service shall be made by delivering a copy to the person named in the subpoena. Proof of service shall be made by affidavit of the person making service if not served by a person specified by law to serve process


Specific Authority 120 54(5) FS l-aw Implemented 120.569, 120 57 FS. History--New 4-1-97.


or {check if) personally known.

(notary public)

SEAL:


*Fees and mileage need not be tendered to public employees subject to section 112 061, Florida Statutes.

Fw: tony rosado - previously emailed - not served Xiomara Gonzalez to: Jacqueline Davison --

----- Forwarded by Xiomara Gonzalez/OAG on 08/20/2012 11 :05 AM -----


"Wesley Jenkins" <Wesley@billwfg com> <xiomara .. gonzalez@myfloridalegal .com> 08/17/2012 04:50PM tony rosado - previously emailed - not served

CLIENT: DIVISION OF ADMINISTRATIVE HEARINGS

CASE: 12-2283

COUNTY: The State Of Florida

PLAINTIFF: FLORIDA ELECTIONS COMMISSION

Vs

DEFENDANT: TONY ROSADO

DUE DATE: 08/30/2012 08:00AM.

REC DATE: 08/07/2012

SERVICE DEFENDANT: TONY ROSADO

SERVICE ADDRESS: 625 PEARL STREET, Mascotte, FL 34753

PROCESS SERVER: Attempting Service

08/20/2012 11 :05 AM

COMMENTS: 625 Pearl Street, Mascoutte, Fl. 34753,8/13 7:30pm, This Address Is Vacant, Empty, Lock Box On Door And A Sign Posted In Yard Listing Property Management Professional Number (352) 241-7000 Neighbor At 627 Said The Defendant Moved Out 2 Weeks Ago. He Did Not Know His Curr·ent Whereabouts. =====================================================================

Fw: gayle jones, webvelations - status update Xiomara Gonzalez to: Jacqueline Davison



"Wesley Jenkins" <Wesley@billwfg .com> <xiomara .. gonzalez@myfloridalegal com> 08/17/2012 04:49PM gayle jones, webvelations - status update

CLIENT: DIVISION OF AD MINIS IRA TIVE HEARINGS

CASE: 12-2283



Vs


DUE DATE: 08/30/2012 02:00PM

REC DATE: 08/07/2012

SERVICE DEFENDANT: GAYLE JONES, WEBVELATIONS

SERVICE ADDRESS: 832 MARQUEE DR., MINNEOLA, FL 34715

INDIVIDUAL SERVICE: 08/14/2012 at 06:55PM

Defendant is not in the militruy.

COMMENTS: Approx Desc: 35 Y/0 W/F 5'5" 120lbs Brown Hair No-glasses.

08/20/2012 11 :05 AM

=====================================================================

Fw: cody carmichael- not served, see comments Xiomara Gonzalez to: Jacqueline Davison


From: "Wesley Jenkins" <Wesley@billwfg com> To: <xiomara .. gonzalez@myfloridalegal com> Date: 08/17/2012 04:57PM :::..Su.::b.<.:je.:.:ct;...: __ .:.;co:..:d:..Y c.:..:a.~michael - not served, see comments


CASE: 12-2283

COUNTY: The State Of H01ida


Vs


DUE DATE: 08/30/2012 12:30 PM

REC DATE: 08/07/2012

SERVICE DEFENDANT: CODY CARMICHAEL

SERVICE ADDRESS: 76 TUSCANOOGA RD, Mascotte, FL 34753

PROCESS SERVER: Attempting Se1vice

08/20/2012 11 :04 AM

COMMENTS: THE ADDRESS GIVEN OF 76 TUSCANOOGA RD, MASCOTTE, FL 34753 IS THE RESIDENCE OF MRS. TIMMONS, WHO STATED THE DEFENDANT MOVED OUT3 MONTHS AGO AND NOW LIVES IN WINTER HAVEN, FLORIDA WITH RELATIVES. =====================================================================

Fw: michelle hawkins, city clerk, city of mascotte - served Xiomara Gonzalez to: Jacqueline Davison


From: "Wesley .Jenkins" <Wesley@billwfg .com> To: <[email protected]> Date: 08/17/2012 04:55PM

08/20/2012 11 :04 AM

Subject: michelle hawkins, city clerk, city of mascotte -served -'-'-"c.;_;_;_ __ ....;.:....;....;:__c:_::_._;..:.c:...;'-'-'....;.:....;._;:_..;;...;...;;...;_;;,;;_;;.:__;...;:__c;.:__; ________ . _____ , __ _


CASE: 12-2283



Vs


DUE DATE: 08/30/2012 10:30 AM

REC DATE: 08/07/2012

SERVICE DEFENDANT: MICHELLE HAWKINS, CITY CLERK, CITY OF MASCOTTE

SERVICE ADDRESS: 100 E MYERS BLVD, Mascotte, FL 34753

INDIVIDUAL SERVICE: 08/14/2012 at 12:10 PM

COMMENTS: App10x Desc Age: 42, Sex: F, Race/Skin Color: HISPANIC, Height: 5'6", Weight: 140, Hair: BLACK, Glasses: Y =====================================================================

Fw: jim gleason, city manager, city of mascotte -served Xiomara Gonzalez to: Jacqueline Davison



"Wesley Jenkins" <Wesley@billwfg .com> <xiomara.gonzalez@myfloridalegal com> 08/17/2012 04:53PM jim gleason, city manager, city of mascotte -served


CASE: 12-2283

COUNTY: The State OfF1orida


Vs


DUE DATE: 08/30/2012 02:30PM

REC DATE: 08/07/2012

08/20/2012 11 :05 AM

SERVICE DEFENDANT: JIM GLEASON, CITY MANAGER, CITY OF MASCOTTE

SERVICE ADDRESS: 100 E MYERS BLVD., Mascotte, FL 34753

INDIVIDUAL SERVICE: 08/16/2012 at 11:25 AM.

COMMENTS: Approx Desc: 55 Y/0 W/M 5'6" 170lbs Grey Hair No-glasses .. =====================================================================

CASE NAME:

CASE NUMBER(S):

INVESTIGATOR:

ATTORNEY FOR FEC:

OPPOSING ATTORNEY & PHONE NUMBER:

FEC vs. Tony Rosado

FEC No .. 11-244 DOAH No. 12-002283

Keith Smith

Jacqueline Davison and Jaakan Williams

·"'

··--...... ·

(



Petitione:r,

vs ..

TONY ROSADO,

Respondent ..

--

)

) ) ) )

) )

) ) )

Case No.. 12-2283

ORDER CLOSING FILE

This cause having come befo:re the unde:rsigned on an Amended Agreed Motion to Relinquish Ju:risdiction, and the undersigned being fully advised, it is, therefo:re,

tRED that:

State ofF lorida Division of Administrative Hearings 1230 Apalachee Parkway, Ihe DeSoto Building Tallahassee, Florida 32399-3060

FILED 7m2 OCT l Rf'l 11 29

Dl\liSION OF ADMfNISTRfiJIVE

HEARi~a~ TONY ROSADO 625 PEARL S~ MASCOTTE FL 34753

"' "' :s ()

lii a: u:

337 NFE 1 912C DO 09/27 RETURN TO SENDER

ROSADO E '-S MOVED LEFT NO ADDR ~

UNABLE TO FORWARD RETURN TO SENDER _,., .

0 o-c• :>~:~Ol:>Ot::::0::-0 *0838-0D/ "8··t,

u 'j,;~~~~.llllJ,j~ll~,ljlljj,lj,IIIJIIIjjlll!:i!dJII,jJil!

Fax Filing (850) 921-6847 www .. doah .. state .. fl .. us

c (



Petitioner,

vs. Case No. 12-2283

TONY ROSADO,

Respondent.

ORDER CLOSING FILE

This cause having come before the undersigned on an Amended AgYeed Motion to Relinquish Jurisdiction, and the undeJ::Signed being fully advised, it is, therefore,

ORDERED that:

1 .. The Amended Agreed Motion to Relinquish Jurisdiction is granted ..

2. The final hearing scheduled for September 14, 2012, is canceled.

3. The file of the Division of Administrative Hearings is closed.

DONE AND ORDERED this 4th day of September, 2012, in Tallahassee, Leon County, Florida.

~ JAMES H.. PETERSON, I I I Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-684 7 www. doah. state .. fl. us

I I '

Filed with the Clerk of the Division of Administrative Hearings this 4th day of September, 2012 ..

COPIES FURNISHED:


Jaakan Ammiel Williams, Esquire Florida Elections Commission 107 West Gaines Street Tallahassee, Florida 32399-1050 [email protected]

2

(


Florida Elections Commission,

Petitioner, v. Agency Case No .. : FEC 11-244

DOAH Case No.: 12-228.3 Tony Rosado,

Respondent.

--------------------------------~/

AMENDED AGREED MOTION TO RELINQUISH JURISDICTION (Amended only as to date submitted and provided to Respondent)

COMES NOW, Petitioner, FLORIDA ELECTIONS COMMISSION by and through

undersigned counsel and files its Agreed Motion to Relinquish Jurisdiction in this matter.. In

support of its motion, Petitioner states as follows:

I . The matter is currently scheduled for a final hearing on September 14, 2012, in

I avares, Florida.

2.. Petitioner and Respondent have agreed to hear this case in the form of an informal

hearing before the Florida Elections Commission at its next available meeting .. (See Exhibit "A")

3. Petitioner and Respondent have discussed this motion and Respondent has no

objections

WHEREFORE, Petitioner requests that the Administrative Law Judge grant the Agreed

Motion to Relinquish Jurisdiction and enter an Order relinquishing jurisdiction in this matter ..

Respectfully submitted this 4 day of August, 2012 ..

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a tme and correct copy of the foregoing was

provided to Respondent I ony Rosado via US Mail, 5018 Whispering Wing, Mascotte, FL

' I

34753, and via electronic mail to tony.rosado@cityofinascotte com, this .J.j_ day of August

2012

Jacquelin . Davison, Asst. Gen. Counsel Florida B umber: 92335 Jaakan Ammiel Williams, Asst Gen. Counsel Florida Bru Numbec 73964 Eric M Lipman, Gen .. Counsel Florida Bru Number: 958247 107 W. Gaines Street Collins Building, Suite 224 Tallahassee, FL 32399-1050 (850) 922-4539

August 30, 2012

Tony Rosado

5018 Whispering Wing

Mascotte, FL 34753

Re: FEC v. Tony Rosado; FEC 11·244, DOAH Case No 12·2283

To whom it may concern:

(

Zfi1Z AUG 3 1 /-1, q: 0 8 .s····· 'l --:· ,- ~ ~, ... "' ( ,.~ 1

:·"I -·

I, Tony Rosado, agree to reliniquish jurisdiction in the form of a formal hearing with the Division of

Administrative Hearings I am not disputing issues of fact, and I would like to proceed with an informal

hearing before the Florida Elections Commission at their next available meeting

Sincere , \

Tony Rosado

Qd----

.·.

I EXHIBIT

·A-·· ·. ·····

· .. ·. /

August 30, 2012

Tony Rosado

5018 Whispering Wing

Mascotte, FL 34753

,. 1.

Re: FEC v Tony Rosado; FEC 11-244, DOAH Case No. 12-2283

To whom it may concern:

( '

RECEiVED

lUll AUG 3 I A q: 0 8

I, Tony Rosado, agree to reliniquish jurisdiction in the form of a formal hearing with the Division of

Administrative Hearings. I am not disputing issues offact, and I would like to proceed with an informal

hearing before the Florida Elections Commission at their next available meeting.

~.e,, ~- .~Qdr--

Tony Rosado

/

I I.



Petitioner, v. Agency Case No.: FEC 11-244

DOAH Case No.: 12-2283 Tony Rosado,

Respondent.

----------------------------~/ AGREED MOTION TO RELINQUISH JURISDICTION

COMES NOW, Petitioner, FLORIDA ELECTIONS COMMISSION by and through

undersigned counsel and files its Agreed Motion to Relinquish Jurisdiction in this matter In

support ofits motion, Petitioner states as follows:

I. The matter is currently scheduled for a final healing on September 14, 2012, in

I avares, Florida

2.. Petitioner and Respondent have agreed to hear this case in the form of an informal

hearing before the Florida Elections Commission at its next available meeting. (See Exhibit "A")

3 . Petitioner and Respondent have discussed this motion and Respondent has no

o~jections

WHEREFORE, Petitioner requests that the Administrative Law Judge grant the Agreed

Motion to Relinquish Jurisdiction and enter an Order relinquishing jurisdiction in this matter ..

Respectfully submitted this 3 \) day of August, 20 12 ..


I HEREBY CERTIFY that a true and correct copy of the foregoing was

provided to Respondent Tony Rosado via US Mail, 5018 Whispering Wing, Mascotte, FL

34753, and via electronic mail to tony..rosado@cityofinascotte com, this ;'2;D day of August

2012 ..

Jacqueline av1son, Asst Gen Counsel Florida Bar ber: 92335 Jaakan Ammiel Williams, Asst Gen Counsel Fl01ida Bar Number: 73964 Eric M Lipman, Gen. Counsel F loiida Bar Number: 958247 107 W Gaines Street Collins Building, Suite 224 I allahassee, FL 32399-1050 (850) 922-4539

' I



Petitioner,

v. Agency Case No.: FEC 11-244 DOAH Case No.: 12-2283

Tony Rosado,

Respondent.

-----------------------------' FLORIDA ELECTIONS COMMISSION'S

MOTION FOR SUMMARY FINAL ORDER

COMES NOW, Petitioner, Florida Elections Commission ("Commission" or "FEC"),

by and through undersigned connsel, pursuant to Section 120 57(1)(h), Florida Statutes, and

Florida Rule of Civil Procedure L370, and files its Motion for Summary Final Order In support

of its Motion, the Commission states as follows:

L This case is currently set for a final hearing in Tavares, Florida, on September 14,

2012

2.. On July 23, 2012, the Commission filed in the Division of Administrative

Hearings and submitted to Respondent via US Mail Request for Production of Documents,

Petitioner's First Set oflntenogatories, and Petitioner's First Request for Admissions ..

3. Section 120 . .57(l)(h), Florida Statutes, provides:

Enf004 (4103)

Any party to a proceeding in which an administrative law judge of the Division of Administrative Hearings has final order authority may move for a summary final order when there is no genuine issue as to any material fact A summary final order shall be rendered if the administrative law judge determines from the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, that no genuine issue as to any material fact exists and that the moving party is entitled as a matter of law to the entry of a final order .. A summary final order shall consist of findings of fact, if any, conclusions of law, a

/

I. /

\

disposition or penalty, if applicable, and any other inf01mation required by law to be contained in the final 01der

4 Rule 1 370(a), Fl01ida Rules of Civil Procedure, provides:

Each matter of which an admission is requested shall be separately set forth .. The matter is admitted unless the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter within 30 days after service of the request

5. Thirty-five days from July 23, 2012, is August 27, 2012 However, as of August

28, 2012, Respondent has failed to respond to the Commission's Request for Admissions.

6. Additionally, Rule 1370(b ), Florida Rules of Civil Procedure, provides:

Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission

7.. The Commission attached a cover letter to its Request for Admissions The cover

letter stated:

Failure to respond within the 30-day period may be deemed an admission of the statements contained in the Petitioner's Request for Admissions. Such admissions may cause the Division of Administrative Hearings to enter a Summary Final Judgment in favor of the Florida Elections Commission. Your· timely response to the enclosed documents is important. I encourage you to timely r·espond or seek counsel to assist you in doing so.

(See Exhibit "A" [emphasis in original])

8 The Commission made several good faith attempts to noti(y Respondent

regarding the outstanding discovery requests .. On July 31, 2012, the Commission spoke to

Respondent via telephone to verify that Respondent received all discovery requests and offered

to answer any questions Further, on August 20, 2012, the Commission e-mailed Respondent to

remind him that all discovery documents previously sent to Respondent were due on August 27,

2012 .. (See Exhibit "B")

Enf004 (4/03)

/

\

9. Respondent's failure to provide a written answer or objection to the

Courmission's Request for Admissions conclusively establishes the following facts:

a On or about August 15, 20 II, Respondent filed a State of Florida

Appointment of Campaign I reasurer and Designation of Campaign Depository for

Candidates form with the Division of Elections, Bureau of Election Records

b The copy of Respondent's August 15,2011 State ofFlmida Appointment

of Campaign Treasurer and Designation of Campaign Depositmy for Candidates form

attached hereto as Exhibit "C" is genuine

c Respondent was required to comply with Florida Elections Law under

Chapters 104 and 106, Florida Statutes

d. Dming Respondent's 2011 mayoral campaign, Respondent had a

campaign website with the web address wwwtonyrosado .. net

e. On Respondent's campaign report dated August 15, 2011, to September

16, 2011, Respondent listed an expenditure to WEBvelations for "website" in the

amount of$247 on August 15, 201 L

f The copy of Respondent's report attached hereto as Exhibit "D" is

genuine ..

g On Respondent's campaign report dated September 7, 2011, to September

30, 2011, Respondent listed an expenditme to Webvelations for "website" in the

amount of$200 on September 30,2011.

h. The copy of Respondent's report attached hereto as Exhibit "E" is

genuine ..

Respondent received an Invoice fiom WEBvelations for development,

hosting, and registration of a domain name for wwwtonyrosado .. net

Ent1l04 (4/03)

(

J The copy of the Invoice from WEBvelations attached hereto as Exhibit

"F" is genuine ..

k Respondent or someone acting on behalf of Respondent's campaign paid

the amount requested in the Invoice from WEBvelations ..

I. A website is something ofmonetruy value ..

m Cody Crumichael was a Mascotte City Council candidate in the 20 II

election ..

n At some time on Respondent's 2011 mayoral campaign website

www tonyrosado .. net, one of the webpages was labeled "Cody Carmichael for City

CounciL"

o The copy of the webpage labeled "Cody Carmichael for City Council"

attached hereto as Exhibit "G" is genuine ..

p.. The webpage on Respondent's website www tonyrosado .. net labeled

"Cody Crumichael for City Council" supported Mr Crumichael's candidacy

q.. The information about Mr Carmichael in support of his candidacy that

Respondent posted on the webpage labeled "Cody Carmichael for City Council" was

something of monetary value ..

r Respondent's support fm Mr. Crumichael's candidacy on Respondent's

website www tonyrosado net was willful

s Respondent's support for Mr. Crumichael's candidacy on Respondent's

website www tonyrosado net is a violation of Section I 04 .. 07l(b ), Florida Statutes

10 Pursuant to Section 120 . .57(l)(h), Florida Statutes, Respondent has failed to

identifY any material facts that are in dispute

Ent1l04 (4/03)

( ' I

11 I he Commission has conclusively established that Respondent willfully violated

Section 104 .. 071 (b), Florida Statutes Therefore, there are no disputed genuine issues of material

fact remaining in this case

12 Because Respondent did not identify genuine issues of material fact and because

the Commission has proven conclusively that Respondent willfully committed the violation(s) he

is charged with, this Court should grant the Motion for Summary Final Order

WHEREFORE, Plaintiff requests the Court enter a Final Order:

a. Granting the Commission's Motion;

b Finding that Respondent violated Section 104 .. 071(b), Florida

Statutes;

c Assessing a $1,000 penalty m the form of a fine against

Respondent for this violation

Respectfully submitted on this 3 () . day of August, 2012


I HEREBY CERTIFY that a true and correct copy of the foregoing was

provided to Respondent Tony Rosado via US Mail, 5018 Whispering Wing, Mascotte, FL

34753, and via electronic mail to tony.rosado@cityofmascotte com, this 3u day of August

2012

Enf004 (4/03)

Jacqu i M Davison, Asst Gen Counsel Florida ar Number: 92335 Jaakan Ammiel Williams, Asst. Gen .. Counsel Florida Bar Number: 73964 Eric M. Lipman, Gen. Counsel Florida Bar Number: 958247 I 07 W. Gaines Street Collins Building, Suite 224 I allahassee, FL 32399-1050 (850) 922-4539

' I

FLORIDA ELECTIONS COMMISSION 107 West Gaines Street

Tony Rosado 625 Pearl Street Mascotte, FL 34753

RE: FEC Case No.: DOAHCase: Subject:

Dear Mr Rosado:

The Collins Building, Snite 224 Tallahassee, Florida 32399-l 050

ll-244 12-2283

(850) 922-4539

July 20, 2012

Petitioner's First Request for Admissions

The Florida Elections Commission ("Petitioner"), by and through its undersigned counsel, and, pursuant to Florida Rule of Civil Procedure I. 370, serves the enclosed Request for Admissions on Tony Rosado ("Respondent"}. The Request for Admissions requires the Respondent to formally admit or deny each of the statements included on the Request for Admissions within thirty days Rule I J70 provides, in pertinent part, that the statement shall be deemed "admitted unless the party to whom the request is directed serves upon the party requesting the admission a written answer or o~jection addressed to the matter within 30 days after service of the request .. "

Failure to respond within the 30-day period may be deemed an admission of the statements contained in the Petitioner's Reg nest for Admissions. Snch admissions may cause the Divjsionof Administrative Hearings to enter a Snmma!Y,Final Judgment in favor of the Florida Elections Commission .. Y onr timely nsponse to the enclosed documents is.important. I encourage you to timely respond or seek counsel !o assist you in doing so.

Si]rely, ~---

Jac eline M. Davison Assistant General Counsel

Enclosure: Petitioner's First Request for Admissions

Letterhead ( 11/04) · Filed July 23, 2012 10:

Subpoena Jacqueline Davison to: Tony .Rosado 08/20/2012 02:21 PM

Please see the attached Subpoena You need to print it out, and write on the front of it somewhere "I accept service" along with your signature and the date You can either scan and email it back to me, or fax it back to us at 850-921-0783.

This email also serves as a reminder that the various discovery documents I sent to you previously are due back by Monday, July 27, 2012

Jacqueline M.. Davison Assistant General Counsel Florida Elections Commission The Collins Building 107 W. Gaines St, Suite 224 Tallahassee, FL 32399 (850) 922-4539

EXHIBIT

I ~)

APPOINTMENT OF CAMPAIGN TREASURER ANO.OESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDiDATES

(Secfion106021(1),FS) ·

(Pl.t;ASE PRIN1 OR TYPE)


/

I

.o ·cer before o en! the campaign account .• _ OFFICE USE .ONLY

f CHECK APPROPRIATE E!OX(ES): / Initial Filing of Form Ra..flling 1o Change: !11 TraasureriDepu!y Q Depository 0 Offtce 0 Party

fb5,L ) ----· O~Ti>v{ fi<-Y.!\"k1= 6. Office sought (include district, circuit, group number)

'SEb.t 3 - \f\Q$Or·

3. AddreS"S.(InoiUde posl offJCe box or strae~ city, slate, zip code) \,).,S $e.....-\ St·

1-+'!S.o"~'} f?..-. 5'{7 s~

0 My intent Is to run as a Write-In candidate I . If a candidate for a nonpatflru!!!. office' check wappllcable:

t-~---··--......... ------·- -·------·----·------·--· 8 (fa candidate for a m!:rtlsan office, check bloc!< and fill In name of pa,rty as applicable: My Intent is to run as a

UNOERPI!NALTIES Of PERJURY, I DECLARE THAT' I HAVe R.EAC THE FOREGOING FORM F'ORAPPOINfMENT' OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSJTI:>RY ANDTHATt'HEFACTS STATED IN rr ARE TRUE

25. o.;e-------.. _ .. ___ ltll ______ ,_____ 26. Slgnal"re of Candidate .. ------

"<:)·-·-· H .. ,J 0/ I RB X\,.. - / _ ...... i---0 .J.'f ___________ ., ?','it~·-··

27 Treasurers ·Acce nc.e of Appointment (fill In U1e blanks and check the appropriate block)

I, W lf':aNlJ'? L. :~/-,6£.._ .. __ ,_ ,doherebyaccepttheappolntment (Piesr Print or Type Name)

designated above as: 0-R EJ Campaign Treasurer [] DepulyTreesurer

_, ___ fli.rf!_!_~-------- if~-~ Date ~of Campafgn Treasurer or Deputy Treasurer

DS·DE 9 (Rev,. 10/10) Rule 15·2 0001, FAC.

/

( (

- ..... -·· -FLORlOI(i:)EPARTMENT OF STATE ,DIVISION OF ELECTIONS CAMPAIGN TREASURER'S R~f>ORT SUMMARY

c1J lli>n'-l ' Resa.clo(A-n-tll(\r~c) (2) ·trn.ss ·- , , .·· . · • · . , . . - :vrox \. ~-·----····•"'···

Address (number• and stre&tl . . s,3 ~"".::fL..~Y1-. __ _

Clt)l, State, Zip Co~&

OFI'ICE USE ON!.Y

LJ CHECK IF ADPRES.S HAS CHANGED (3) 10 Number: .. -----'---·-- -· ----- _

(4) Ch~cka~proprlatebox(os): ~ 1. c-r~."·.··~ ( >r~\ . ~.·· . .: . ...~-.. 2. ~Caodrcfate(officesou!)ht): .t::l Cl'~~"-l.. ct..LI'iS:!..L -~ _, D P.<;r/ltical committee · · • D cH!i(( IF PC HAs QrsBA_N_oe..,o'"'. ~ ...... ______ _

0 Committee of Continuous Exlslence 0 CHECK IF CCE HAS DISBANDcio

D Party Exe.outive Committee 0 E lectloneeJ:ing CommuniCation [}CfiECK IF NO 0 T'f'!ER eiJ!Cl'IONEERING

COMMUNI CAliON REPOiiTS WILl B~ FILr:l;l

(5) REPO.RT IDENTIFIERS

Cover Period: From _'K. I L~ 1 .ZC t I fo S. I .J1e. l~k_ t Report Type ---·----. _

I ~Origlna.l 0Amenctment D Special Election Report D f~dependerit Expenc!lture Report

(6) CONTRIEiUTIONS 'lHIS REPORT (r) EXPENDITURE$ THIS REPORT

cash & Checks $ __ <-6S72 ._flQ .. _

Loans $

Total MonetaiY

MonetaiY Expenditures

Transte.re to Office Account $

Total

.r<>; .• ...-...... k:::;7'

$ ~~, 0 fJ Monetaly $ -·-·-·------·--·· In-Kind -·-·-···.:...:..J..J..L...-. _____ _

(B)

(9) TO'TAI. Jl!lonetary Contributions To DAt~ ki.31'l (10) $ ~c .... ,.. . ~A -·fj),(j)

--~...,_,_.J,.u,.;_ 'f~~ . (11) CERTIFICATION -

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832 Marquee Drive Minneola, Florida 34715 mobile: 321-689-68 74

' [email protected]

Invoice For: Tony Rosado Tony fur Mayor! Mascotte, FL 34753

!Line Items

I Service llauantityll Description

( ,_

Invoice

Date: 8/5/2011

Invoice Number: 518

Teiml: Due Upon Receipt

IIAmountll SubTotal I I

jDevelopm:llnt Hours ICIJiwordpress website, customthemowlth social roodla for Mayor Ca"1'algnll $80.ooll $40o.ool !Hosting lc=£:Jiannual hosting for www .tonyrosado.net II $4.ooll $4a.ool Domain Naroo Jc=Jiwww .tonyrosado, net dormin registration

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Grand 1otal: $456.00

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Cody Carmichael for City Council COdy 1s running agamst Councilman Elmore Cody is a young man with drive and fresh new Ideas. I have bean .very impressed by the things he wants to brtng to the City of Mascotte.

m his own words:

My name IS Cody Cannichael, 1 am 19 years old, and I am runmng for seat 6 of the city council ior Mascotte. i am runnmg oeoause i would like to see the City out of the finanCial turmoil it has gotten into. The main pomts that i am stressmg are community, groWth, and youth. 1 wantto be a strong part of the community, ana listen to the options and the opimons of the citizens. 1 aiso feei that ifs time for a change in the council. I !eel that me being a young man. 1 can bnng new fresn ideas to tlle city, tnat may help bring It out of the turmoil that It Is in. Something needs to change~ so that the clty can oe 1n a stable finanCiai point i am a volunteer with Teen's Save, and ' am a firm believer 1n

volunteenng, you should always help your neighbor.

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o Tony, South Lake Chamber Board Member

• 8ecuonsNovember8,2011

• Vote tor Tony Rosado!

CA!.,!:NPAR--. OCTOBER 2011

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seat 5 of the city councn for Mascotte. 1 am runrung because 1 woutd l!ke to see the clty out of the fmane~al turmoil it has gotten Into. The mam points that 1 am stressmg are community, growth, and youth. 1 want to oe a strong part of the community, and listen to the options and tlle opmions of the citizens. l aiso feei that it's time for a Change in the

councn. 1 feel that me oe1ng a young man.! can brmg newfresn Ideas to the city, that may help brlng it out of the tutmon that it is ln. Sometiling heeds to change, so that the city can be 1n a stable flrtaM!al point.. i am a volunteer with Teen's save, and i am a firm beuaver 10

volunteering. you should ai\vays help your ne!Qhbor.

. CALENQAR''• .. .-···

OCTOBER 2011

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• Robert Afteri:afking to severaJ other residents C!Dootthi-"

• Rob<rtpaU!l<: Robenpau!Z ~ days ago) Tony, We neeo: you as our- ..

~ Cenral Florida i="&re11ghters Volunteer Assoc.: Tony F.osado has snown us that hels committed tow._)>

q. Councilwoman Debbie Baud Flinn: Endorsement!! f believe Tony nas the City 01

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Petitioner, v.

Tony Rosado,

Respondent.

------------------------------~'

Agency Case No.: FEC 11-244 DOAH Case No.: 12-2283

SECOND AMENDED NOTICE OF TAKING DEPOSITIONS

To: Tony Rosado 5018 Whispering Wing Mascotte, FL 34753

PLEASE TAKE NOTICE that Petitioner, Florida Elections Commission, pursuant to Rule 1.31 0, Florida Rules of Civil Procedure, will take the testimony of the following witnesses upon oral examination before a Notary Public, or some other official authorized by law to administer oath, at the County Administration Building, 315 W. Main St., Room 334, Tavares, FL 32778 The oral examination will be su~ject to continuance or adjournment from time to time or place to place until completed.

Date Time Deponent

August 29, 2012 3:30pm Randy Brasher

August 30, 2012 8:00am Tony Rosado August 30, 2012 10:30 am Michelle Hawkins August 30, 2012 2:00pm Gayle Jones August 30, 2012 2:30pm Jim Gleason


I HEREBY CERTIFY that a true and couect CORY of the foregoing has been pwvided via email to: Iony.Rosado@CityotMascotte co , this il day of August 2012 ..

n . Davison As ist t General Counsel Fla. ar No .. 92335 107 West Gaines Street, Suite 224 I allahassee, FL 32399-1050 Office (850) 922-4539 Fax (850) 921-0783

' . . . I AFFIDAVIT'OF SERVICE··

State of Florida

Case Number: 12-2283

Plaintiff: FLORIDA ELECTIONS COMMISSION

VS

Defendant: TONY ROSADO

For: W F. GREENBERG & COMPANY LLC "7040 SEMINOLE PRATT WHITNEY ROAD SUITE 25-169

County of

> 0

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Court

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LOXAHATCHEE, FL 334"70

gj '1 Received by W F GREENBERG & COMPANY LLC on the 13th day of August, 2012 al2:23 pm to be served on JIM GLEASON CITY MANAGER, CITY OF MASCOTTE, 100 E MYERS BLVD, MASCOTTE, FL 34753

I, DON MCCALL, being duly sworn, depose and say that on the 16th day of August, 2012 at 11 :25 am, 1:

INDIVIDUALLY served by delivering a true copy of the SUBPOENA AD TESTIFICANDUM with the date and hour of service endorsed thereon by me, to: JIM GLEASON CITY MANAGER, CITY OF MASCOTTE at the address of: 100 E. MYERS BLVD, MASCOTTE, Fl. 34753, and informed said person of the contents therein, in compliance with state statutes

Military Status: Based upon inquiry of party served, Defendant is not in the military service of the United States of America

Description of Person Served: Age: 55, Sex: M, Race/Skin Color: WHITE, Height: 5'6", Weight: 170, Hair: GREY, Glasses: N

I certify that I am over the age of 18, have no interest in the above action, and am a Certified Process Server, in good standing, in the judicial circuit in which the process was served Duly Appointed and Qualified Pursuant to F S. 48 021 (2). Under Penalty of Perjury I declare that I have read the foregoing Return of Service and that the facts stated in it are true and correct Notary not required pursuant to F.S. 92 525

Subscribed and Sworn to before me on the 16th day of August, 2012 by the affiant who is personally known to e

11::61~---DON CALL CPS 08-4-·23

W.F. GREENBERG & COMPANY L.LC 7040 SEMINOL.E PRATT WHITNEY ROAD SUITE 25-169 LOXAHATCHEE, FL 33470 (561) 422-3190 Our Job Serial Number: JSB-2012011207 Ref: 53976

Copyright C 1992 .. 2011 Oatab&H Servicos, Inc .. Process Server's ToolbOX V6.Sf

'('

Section 120.569(21 !kl~orida Statute~

(k) L Any person subject to a subpoena may, befo:t::e compliance anct on timely petition, request the presiding o:fficqr having ju:t:·isdiction o.e· the dispute to invalidate the subpoena on the ground th~t it was not lawfully issued, is unreasonably broad in scope, or requires the production of irrelevant m~terial

2 A party may seek enforcement of a subpoena, orde:t: dircctin9 discovery, or ordor imposing sanctions issueQ under the authority of this chapter by filing a petition for enforcement in the circuit court of the judicial circuit in which the pezBon failing to comply with the subpoena or otder resides A feilu~e to comply with an order of the court shall ~esult in a finding of contempt of court However, no person shall be in contempt while a subpoena is being challenged under subpazagraph 1 The court may award to the prevailing party all or part ot the costs and attox·ney's fees incuz:·ted ·in obtaining the cout·t order whenever the couz:t determines that such an award should be 9ranted under the Florida Rules of Civil Proceduz·e .

3.. Any public employee subpoenaed to appear at an agency proceeding shall be entitled to per diem and travel expenses at the same rate as that provided fot· state employees under· :3 .. 112 061 if travel away from such public employee's headquarters is required. All other witnesses appearing pursuant to a subpoena shall. ~e paid such tees and mileage for their attendance as is provided in civil actions in circuit courts of this state.. In the case of a pu:Olic employee, such expenses shall be processed and paid in the mannez

RECEIVED THI~ SUBPOENA ON:

-----·------.' 20_·~·' at

o'clock 1 . ____ .m,, and sez:ved the same on

·------' 20 , at

o'clock, m.,, by del.iverl:ng a t.tue copy



to: ____ _


·' 20 ___ ,

at o'clock, ···-·-·m

By:

Title: __ .---··----·--·---

ptovided !01: agency employee travel expense a., AFFIDAVIT IF SERVED BY OTHER PERSON r·eimbursement, and in the case of a witness who is not a public employee, payment of such tees and expenses shall accompany the subpoena.


(1) Upon the request of any party, a presiding" officer shall issue subpoenas for the attendance of witnesses tor .deposition or at the hearing The requesting. party .shall specify w.hether the witness is also requested to bring documents ..

(2) A subpoena may be served by any person specified by law to serve process ox by any person who is not a party and who is 18 years of aqe or older .. Service shall be made by delivozinq a copy to the person named in the .subpoena.. Proof of service shall be made by affidavit of the pe~son making service if not served by a person specified Oy law to serve process.

{3) Any motion to quash or limit the subpoena she;ll be filed with the presiding officer and shall state the grounds relied upon.

Specific ~uthority 120.54(5) FS t.aw Implemented 120 .. 569, 120.57 F'S. History··-New <l·¥1-97.

Paqe 2, Case Number 12-2263

1/ifii--·--_8::/IP. .... , 'Y ' 20 __

By: {,1-~)._ f-({Ytlf~3 Sworn and subscribed to bef'ot·e me,

thi• I IP day of /ltt.;)ttbr, 20&,, in

/. 4/fe=- county, Florida ..

Type of identification: ___ . __ ___ ~·-............. ~

or (cPeck 1!) ··- pex:·sonally known ..

NOTE: Notarized ser·vice is made by

JIJSETSY l.IJCERO MY COMMISSION# 00942715

i:XPII'lES November 24 2013

a Deputy Sheriff, or a certified ptoee=s server Chapter 48, F·lorida Statutes ..

*Fees and mileage need not be tendered to public employees subject to e.eetion 112 .061, Flo:dda Statutes

--------------· ----- --~--~-··------~---~-----·-

(

State of Florida

Case Number: 12-2283

Plaintiff:

( RETURN OF NON-SERVICI:

County of

FILED FLORIDA ELECTIONS COMMISSION 7.U1Z AUG Z7 Al!l 11 Sl

DIVISION OF ADM!NISTRA TIVE

HEARINGS

VS

Defendant: TONY ROSADO

Court

Received by W F GREENBERG & COMPANY LLC on the 13th day of August, 2012 at 2:23pm to be served on CODY CARMICHAEL, 76 TUSCANOOGA RD, MASCOTTE, FL 34753

I, DON MCCALL, do hereby affirm that on the 16th day of August, 2012 at 11:30 am, I:

NQN .. SERVED the SUBPOENA AD TESTIFICANDUM for the reasons detailed in the comments below

Additional Information pertaining to this Service: THE ADDRESS GIVEN OF 76 TUSCANOOGA RD, MASCOTTE, FL 34753 IS THE RESIDENCE OF MRS. TIMMONS, WHO STATED THE DEFENDANT MOVED OUT 3 MONTHS AGO AND NOW LIVES IN WINTER HAVEN, FLORIDA WITH RELATIVES ..

I certify that I am over the age of 18; have no interest in the above action, and am a Certified Process Server, in good standing, in the judicial circuit in which the process was served Duly Appointed and Qualified Pursuant to F S. 48 021 (2}. Under Penalty of Perjury I declare that I have read the foregoing Return of Service and that the facts stated in it are true and correct. Notary not required pursuant to F S. 92 .. 525

C.::xJ DON rl}A.LL "'v ,--J

7 CPS 08-4-23

W .. F. GREENBERG & COMPANY LLC 7040 SEMINOLE PRATT WHITNEY ROAD SUITE 25-169 LOXAHATCHEE, FL 33470 (561) 422-3190 Our Job Serial Number: JSB-2012011209 Ref: 53978

Copyright C 1992··2011 Database Servloos, Inc. .. Process Server's Toolbox V6.5f

-------------------,---

( (

STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ·'

FLORIDA ELECTIONS COMMISSION, ) )

) )

) )

Petitioner(s),

vs ..

TONY ROSADO,

Respondent {s).

TO: Cody Carmichael 76 Tuscanooga Rd . Mascotte, FL 34753

case No .. 12-2283

) ) ) ) )


Job No. -·------------------··-·

Certified Process Server 5"' Judicial Circuit DATE SERVED ---------TIME SERVED ............ ____ _ 5ERVEDON _______ _

YOU ARE COMMANDED to appear at County Administration Buildin_s.9!!..• ---.. ·----------· 315 W. Main St., Room 334, Tavares, FL 32778

to testify at a deposition/l!XlQ(ll:XlO§l!ltlUQj {stlike

one) at __ 12_:30 o'clock .E_.m .. , on the . 3oth day of August , 20~.


ISSUED this 7th day of August, 2012, in Tallahassee, Leon County, florida.

~---~--JAMES H .. PETERSON, III Adminis.trative Law .Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488··9675 Fax Filing {850) 921-684 7 www. doah· .. state. fl us


Jacqueline Davison {850)922-4539

State of Florida

/

I AFFIDAVIT OF SERVICE .

• •

County of

Case Number: 12-2283 Court Date: 8/30/2012 10:30 am

Plaintiff: FLORIDA ELECTIONS COMMISSION vs. Defendant: TONY ROSADO

FILED Z01Z AUG 2·7 APl 11 51

DIVISION OF ADMINISTRATIVE

HEARINGS

Court

Received by W.F GREENBERG & COMPANY LLC on the 13th day of August, 2012 at 2:23pm to be served on MICHELLE HAWKINS CITY CLERK, CITY OF MASCOTTE, 100 E .. MYERS BLVD, MASCOTTE, FL 34753.

I, DON MCCALL, being duly sworn, depose and say that on the 14th day of August, 2012 at 12:10 pm, 1:

INDIVIDUALLY served by delivering a true copy of the SUBPOENA AD TESTIFICANDUM with the date and hour of service endorsed thereon by me, to: MICHELLE HAWKINS CITY CLERK, CITY OF MASCOTTE at the address of: 100 E. MYERS BLVD, MASCOTTE, FL 34753, and informed said person of the contents therein, in compliance with state statutes

Military Status: Based upon inquiry of party served, Defendant is not in the military service of the United States of America

Description of Person Served: Age: 42, Sex: F, Race/Skin Color: HISPANIC, Height: 5'6", Weight: 140, Hair: BLACK, Glasses: Y

I certify that I am over the age of 18, have no interest in the above action, and am a Certified Process Server, in good standing, in the judicial circuit in which the process was served Duly Appointed and Qualified Pursuant to F S 48 021(2). Under Penalty of Perjury I declare that 1 have read the foregoing Return of Service and that the facts stated in it are true and correct Notary not required pursuant to F S 92 525

Subscribed and Sworn to before me on the 15th day of ust, 2012 by the t who is personally known

DONMC AU CPS 08-4··23

W .. F. GREENBERG & COMPANY LLC 7040 SEMINOLE PRATT WHITNEY ROAD SUITE 25-169 LOXAHATCHEE, FL 33470 (561) 422··3190 Our Job Serial Number: JSB-2012011208

Copyright C 1992-2011 Database Services Inc .• Proeoss Server"s Toolbox V6.5f

' ' .. • 1 ,.

section 120.569 f2) (k). Florida Statutes

(k)L Any person subject to a subpoena may, before compliance and on timely petition, reque~t the presiding officer having ju:r:hdiction of the dispUte to invalidate the subpoena on the ground that it was not lawfully issued, is unreasonably broad in scope, OJ:' requires the production of irrelevant material

2 A pa.:r.ty may seek enforcement of a subpoena, order directing discovery, or order imposing sanctions isslled under the authoJ:ity ot' this chapter by filing a petition for enforcement in the cil:·cuit court of the judicial circuit in which the person failing to coroply with the subpoena o:~:· order resides A failure to comply with an o:t:·der of the court shall result in a finding of contempt of court Howevex·, no person 3hall be in contempt while a subpoena is being challenged undex subparaqraph 1 The court may award to the prevailing party all ot part of the costs and attorney's tees incuned in obtaining the court order whenever the court determines that such an award should be granted under tho Flotida Rules of civil Procedure

3 ~ny public employee subpoenaed to appear at an agency proceeding shall be entitled to per diem and travel expenses at the same rate as that provided for state employees under s .. 112 061 if tr:avel away from euch public employee's headquarters is required All other witnesses appearing pursuant to a subpoena shall bo paid such fees and mileage for their attendance as is provided in civil actions in circuit courts of this state In the case of a public employee, such expenses shall be processed and paid in the manner


, 20 ___ , at

o'clock, ___ .m., and served the same on

-------·----------' 20 ___ , at

o'clock, , m .. , by deli ver·ing a true copy

thereof (together with the fee for· one day's


to: _______________ __


----------·-----·-····' 2 0·--··-'

at o'clock, __ ... rn ..

By:--------------·----Title: ___ _

pJ:ovided for agency employee tt'avel expense s,. AFFIDAVI'1 IF SERVED BY OTHER PERSON reimbursement, and in the case of a witness who is not a public employee, payment of such fees and expenses shall accompany the subpoena.

~!.Administrative Code Rule 28-106,212

(1) Upon the request. of any party, a presiding officer shall issue subpoenas fat' the attendance of witnesses fot deposition or at the hearing The requesting pat·ty shall specify whether the witness is also t·equested to bring documents ..

(2) ~ subpoena may be served by any petson specified by law to serve process O% by any person who is not a party and who is 18 years of age or older. Service 3hall be made by delive~ing a copy to the person named in the ~ubpoena Proof of ae:.:vico shall be made by attidavit of the person making service if not se:t:ved 0~ a per~on specified by law to zserve process,

(3) Any.motion to quash o:.: limit the subpoena shall be filed with the presidin9 officer and shnll state the ground:~ relied upon ..

Specific Authority 120,54(5) FS, Law rmplement12d 120.569, 120 57 F'S .. History--hew 4-·1 .. 97"

Paqe 2, Case Number 12-2283

~----------------------

Sworn and subsc%ibed to before me,

this 1..5 day of e::}V8JU2>t , 2o};J,

0 ke _, __ County, Florida. w

in

Type of identifica~:

(check if) ._v<: __ pez%·ssoo1nally known ..

SEAL:

JUBETSY LUCERO '"M\CC1:!Nllm5'SION# DD942715

EXPIRES November 24 2013

NO'IE: Notarhed Affidavit requ.ir·ed only if service is made by a person othet· than a Sheriff, a Deputy shex·iff, or a certified proce.ss se:ver .. Chapter 48, Florida Statutes

*Fees and milea9e need not be tendered to public employees subject to section 112 061, F'lorida Statutes

/

I. STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


Petitioner(s),

vs Case No. 12-002283

TONY ROSADO,

Respondent ( s) .

NOTICE OF APPEARANCE

The undersigned hereby files this Notice of Appearance on

behalf of the Petitioner .

Copies of all pleadings, notices, and correspondence regarding the

above-styled cause are requested to be served on the undersigned

Respectfully submitted this 23rd day of August, 2012 ..

/S/ Jaakan Williams

Florida Elections Commission

107 West Gaines Street

Tallahassee FL, 32399

Phone No .. : 850-922-4539

EMail Address: j aakan. williams®myfloridalegal .. C<

Florida Bar No .. 0073964


I certify that I have served a true and correct copy of this Notice of

Appearance via U S Mail to

Eric Lipman, Florida Elections Commission, 107 West Gaines Street,

Tallahassee, FL 32399; Tony Rosado, 625 Pearl Street, Mascotte, FL

34753; Jacqueline Davison, Florida Elections Commission, Collins

Building, Suite 224, Tallahassee, FL 32399;

on this 23rd day of August, 2012 ..

/S/ Jaakan Williams, Assistant General Counsel

Filed August 23, 2012 11:21 AM Division of Administrative Hearings

(

STATE OF FLORIDA

,. I '



Petitioner·, v.

Tony Rosado,

Respondent.


-----------------------------' AMENDED NOTICE OF TAKING DEPOSITIONS

To: IonyRosado 5018 Whispering Wing Mascotte, FL 34753

PLEASE TAKE NOTICE that Petitioner, Florida Elections Commission, pursuant to Rule lJlO, Florida Rules of Civil Procedure, will take the testimony of the following witnesses upon oral examination before a Notary Public, or some other official authorized by law to administer oath, at the County Administration Building, 315 W. Main St., Room 334, Tavares, FL 32778 The oral examination will be su~ject to continuance or a~journment from time to time or place to place until completed

Date Time Deponent

August 30,2012 8:00am Tony Rosado August 30,2012 10:30 am Michelle Hawkins August 30,2012 !2:30pm Randy Brasher August 30,2012 2:00pm Gayle Jones August 30, 2012 2:30pm Jim Gleason


I HEREBY CERTIFY that a true and conect copy of the foregoing has been provided via U.S Mail and email to: Tony Rosado, 5018 Whispering Wing, Mascotte, FL 34753, and I ony Rosado@CityofMascotte com, this 't'3 day of August 2012

Jac ue me M .. Davison Assi t General Counsel Fla. Bar No 92335 107 West Gaines Street, Suite 224 I allahassee, FL 32399-1050 Office (850) 922-4539 Fax (850) 921-0783

(



Petitioner, v.

Tony Rosado,

Respondent.


_____________________________ !

NOTICE OF TAKING DEPOSITIONS

I o: I ony Rosado 625 Peru! Stieet Mascotte, FL 34753

PLEASE TAKE NOTICE that Petitioner, Florida Elections Commission, pursuant to Rule 1 310, Florida Rules ofCivil Procedure, will take the testimony of the following witnesses upon 01al examination before a Notary Public, or some other official authorized by law to administer oath, at the County Administration Building, 315 W. Main St., Room 334, Tavar·es, FL 32778.. The oral examination will be su~ject to continuance or adjournment fi:om time to time or place to place until completed

Date Time Deponent

August 30, 2012 8:00am Tony Rosado August 30, 2012 10:30 am Michelle Hawkins August 30, 2012 12:30 pm Cody Carmichael August 30, 2012 2:00pm Gayle Jones August 30, 2012 2:30pm Jim Gleason


I HEREBY CERTIFY that a true and conect copy of the foregoing has been provided via U.S Mail and email to: Tony Rosado, 625 Pearl Street, Mascotte, FL 34753, and I ony.Rosado@CityofMascotte .. com, this__::}___ day ·August 2012

1 07 West Gaines Street, Suite 224 Tallahassee, FL 32399-1050 Office (850) 922-4539 Fax (850) 921-0783

' \



Petitioner,

vs .. Case No. 12-2283

TONY ROSADO,

Respondent.

NOTICE OF HEARING

A hearing will be held in this case at the Lake County Judicial Center, Hearing Room 3, Fourth Floor, 550 West Main Street, Post Office Box 7800, Tavares, Florida, on September 14, 2012, at 9:.30 a .. m .. , or as soon thereafter as can be heard .. Continuances will be granted only by order of the Administrative Law Judge for good cause shown ..

ISSUE: As set forth in the Staff Recommendation Following Investigation ..

AUTHORITY: Chapter 120, Florida Statutes; and Florida Administrative Code Chapter 28-106, Parts I and IL

The parties shall arrange to have all witnesses and evidence present at the time and place of hearing. Subpoenas will be issued by the Administrative Law Judge upon request of the parties .. All parties have the right to present oral argument and to cross-examine opposing witnesses.. All parties have the right to be represented by counsel or other qualified representative, in accordance with Florida Administrative Code Rule 28-106 .. 106.. Failure to appear at this hearing may be grounds for closure of the file without further proceedings ..

(

The agency shall be :responsible fo:r preserving the testimony at the final hearing .. Fla .. Admin .. CodeR .. 28-106 .. 214 ..

July 5, 2012

COPIES FURNISHED:

Eric M .. Lipman, Esquire Florida Elections Commission

JAMES H PETERSON, III Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us

107 West Gaines Street Tallahassee, Florida 32399 [email protected]


ROOM CONFIRMATION COPY:

Nicole Berg Lake County Judicial Center 550 West Main Street Post Office Box 7800 Tavares, Florida 32778 (352) 253-1604 [email protected]

In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the Judge's secretary no later than seven days prior to the hearing.. The Judge's secretary may be contacted at (850) 488-9675, via 1-800-955-8771 (TDD), or 1-800-955-8770 (Voice) Florida Relay Service.

2

' I '

STATE OF FLORIDA



v.


Case No.: 12-2283 Agency Case No: FEC 11-244

------------------------~/

NOTICE OF SERVICE OF PETITIONER'S INTERROGATORIES ON RESPONDENT

TO: IonyRosado 625 Pearl Street Mascotte, FL 34753

I HEREBY CERTIFY that an original and one copy of Petitioner's First Set of

Interrogatories, numbered 1 through 10, and a copy of this notice have been fumished to

the above named individual, by US Mail, this~ day ofJuly 2012

Dis022 (5/05)

Respectfully submitted,

Jacqueli M Davison Attomey for Plaintiff Suite 224, Collins Building 1 07 W. Gaines Street I allahassee, FL 32399-1050 Telephone: (850)922-4539 Fax: (850) 921-0783 Florida Bar No.: 92335

(

STATE OF FLORIDA



v.


------------------------~/

Case No.: 12-2283 Agency Case No: FEC 11-244

PETITIONER'S FIRST SET OF INTERROGATORIES

TO: Tony Rosado 625 Peat! Street Mascotte, FL 34753

Petitioner, Florida Elections Commission, through under signed counsel, propounds the

following Intenogatories to Respondent, I ony Rosado, in accordance with Rule 28-106 206,

Fl01ida Administrative Code, and Rule L340, Floiida Rules of Civil Procedtne These

Intenogatories must be answered in writing, signed under oath, and retumed to Jacqueline M.

Davison, Esquite, Florida Elections Commission, Room 224, The Collins Building, 107 West

Gaines Stieet, Tallahassee, FL 32399-1050, within thirty (30) days after service

I '

L Please state the full name, address, job title, and present employer of each person

answering or who assisted in answering these Intenogatories on behalf of Respondent

( I '

2 Please state the full name, cun ent address, telephone number, qualifications, and present

employment of each person who Respondent expects to call as an expert witness at the final

heruing, the su~ject matter on which such expert is expected to testify, the substance of the facts

and opinions to which each such expert is expected to testifY, and a summruy of the grounds fm

each opinion expected to be expressed by such expert.

(

3.. Please state the name, address and telephone number of each person, including experts,

having any knowledge of the 1 elevant facts relating to the allegations contained in the Order of

Pmbable Cause ofthe FEC in this case.

(

4.. Please state the name, address and telephone number of each person, including experts,

having any knowledge of the relevant facts relating to the facts of this case.

(

5.. Please state the name, address and telephone number of each person who Respondent

expects to call as a witness at the final hearing and a biief desciiption of the su~ject matter upon

which such person will testify..

(

6 Please state completely and fully all 1epresentations, statements, declarations 01

admissions made by the Petitione1 01 any agents, se1vants, or employees of the Petitioner, which

Respondent might attempt to introduce at the final heru ing of this case ..

c I

7 Please identify each document that Respondent expects or anticipates introducing at the

final hearing in this cause and provide a brief description of each.

8. Please provide a list of any workers, volunteers, or anyone else associated with your 2011

may01al campaign.

' I .

9 Please identify each document that supp01ts yom denial of any of "Petitioner's Request

for Admissions "

(

I 0. Please identify what, if any, material facts Respondent disputes in this case ..

STATE OF FLORIDA COUNTY OF LAKE

( /.

\

I ony Rosado, being duly swom upon his oath deposes and says:

I am I ony Rosado, the Respondent in this action I have read the intenogatories served upon

me by the Respondent; and the foregoing answers to those intenogatories are true and correct

according to the best of my knowledge.


Signature of Officer Authorized to Administer Oaths or Notary Public

Subscribed and sworn befOre me this day of

;:--:-..,-;;;:----;;:-:-::-,-;::==-:::.' 20 __ Print, Type, or Stamp Commissioned Name of Notary Public

Personally Known ___ or Produced Identification __ _

Type of Identification Produced;-----------

( '"

'" . I ',

STATE OF FLORIDA



v. Case No.: 12~2283

Agency Case No: FEC 11-244 Tony Rosado,

Respondent.

------------------------~' REQUEST FOR PRODUCTION OF DOCUMENTS

TO: Tony Rosado 625 Pearl Street Mascotte, FL 34753

Plaintiff, Florida Elections Commission (FEC), by and through undersigned counsel, and pursuant to Rule 1 350, Florida Rules of Civil Procedure, requests the Respondent to produce f(n inspection and/or copying by the attorney for Petitioner at the office of the Petitioner's counsel within 30 days of service the documents listed in this request

In order to facilitate completion of this request, the following is offered by way or definition or instruction:

A "Document" or "documents" means any written, recorded, filmed or graphic matter, whether produced, reproduced, or on paper, cards, tapes, film, electronic facsimile, computer storage device or any other media, including but not limited to, e-mails, memoranda, notes, minutes, records, photographs, correspondence, telegrams, diaries, bookkeeping entries, financial statements, tax returns, checks, check stubs, reports, studies, charts, graphs, statements, notebooks, handwritten notes, applications, agreements, books, pamphlets, periodicals, appointment calendars, records or recordings or oral conversations, work papers, and also including, but not limited to, original and all copies which are different in any way fiom the original, whether by inter-lineation, receipt stamp, notation, indication of copies sent or received or otherwise, and drafts, which are in the possession, custody or control of Respondent or in the possession, custody or control of the present or former agents, representatives or attorneys of Respondent, or any and all persons acting on his behalf, including documents at any time in the possession, custody or control of such individuals or entities or known by Respondent to exist

B If your response is that the documents are not in your possession, control, or custody, describe in detail the unsuccessful efforts you made to locate the records

l

C If your response is that the documents are not in your possession, control, 01 custody, describe who has possession, control 01 custody, and location of the records

D.. If a request for production seeks a specific document 01 an itemized category that is not in yow possession, control, or custody, provide any documents you have that contain all or part of the information contained in the 1 equested document or category

E Identify the source of each of the documents you produce.

DOCUMENTS REQUESTED

1 All documents Defendant expects or anticipates introducing at trial

2. Any and all co11espondence between yowself, 01 anyone who wmked, volunteered, 01 was associated with your campaign and Cody CarmichaeL

1 Any and all documents, cmrespondence, and intemal 01 extemal memoranda regarding www.tonyrosado .. net

4. Any and all documents, conespondence, intemal 01 extemal memoranda, contracts, invoices, and any other documents regarding WEBvelations 01 any other web services relating to Respondent's campaign

5 Any and all co11espondence between yowself; 01 anyone who wmked, volunteered, or was associated with yow campaign and WEBvelations ..

6 Any and all documents that support your denial of any of "Petitioner's Request fm Admissions "

7. A cun iculum vitae or resume for each individual whom you may call to testify as an expert witness at the trial of this case

8 A copy of all documents referenced in your response to Petitioner's First Set of Interrogatories


I HEREBY CERTIFY that a copy hereof has been fumished to Tony Rosado, 625 Pearl Street, Mascotte, FL 34753, by US .. Mail, this '?.? day ofJuly 2012


Jacqueline .. Davison Attomey f01 laintiff Florida Bar Number: 92335 107 West Gaines Street, Suite 224 Tallahassee, FL 32399-1050 I elephone: (850) 922-4539 Facsimile: (850) 921-0783

(

FLORIDA ELECTIONS COMMISSION 107 West Gaines Street

Tony Rosado 625 Pearl Street Mascotte, FL 34753

RE: FEC Case No.: DOAHCase: Subject:

Dear ML Rosado:

The Collins Building, Suite 224 Tallahassee, Florida 32399-1050

11-244 12-2283

(850) 922-4539

July 20, 2012

Petitioner's First Request for Admissions

The Florida Elections Commission ("Petitioner"), by and through its undersigned counsel, and, pursuant to Florida Rule of Civil Procedure 1370, serves the enclosed Request for Admissions on I ony Rosado ("Respondent") The Request for Admissions requires the Respondent to formally admit or deny each of the statements included on the Request for Admissions within thirty days .. Rule L370 provides, in pertinent part, that the statement shall be deemed "admitted unless the party to whom the request is directed serves upon the party requesting the admission a written answer or o~jection addressed to the matter within 30 days after service of the request. "

Failure to respond within the 30-day period may be deemed an admission of the statements contained in the Petitioner's Request for Admissions. Such admissions may cause the Division of Administrative Hearings to enter a Summary Final Judgment in favor· of the Florida Elections Commission. Your timely response to the enclosed documents is important. I encourage you to timely respond or seek counsel to assist you in doing so.

Jac eline M Davison Assistant General Counsel

Enclosure: Petitioner's First Request for Admissions

Letterhead (11104)

/

I.



v.


-------------------------'

Case No,.: 12-2283 Agency Case No: FEC 11-244

PETITIONER'S FIRST REQUEST FOR ADMISSIONS

Petitioner, Florida Elections Commission, requests Respondent I ony Rosado, in

accordance with Rule 28-106206, Florida Administrative Code, and Rule 1370, Florida

Rules of Civil Procedure, to admit or deny the truth of the following statements and

genuineness of the documents described in the request Rule L370 provides, in pertinent

part, that the statement shall be deemed "admitted unless the party to whom the request is

directed serves upon the party requesting the admission a written answer or o~jection

addressed to the matter within 30 days after service of the request " Such admissions

may cause the Division of Administrative Hearings to enter a Summary Final order in

favor of the Florida Elections Commission

L On or about August 15, 2011, you filed a State of Florida Appointment of

Campaign I reasurer and Designation of Campaign Depository for Candidates form with

the Division of Elections, Bureau of Election Records.

2 The copy of your August 15, 2011 State of Florida Appointment of

Campaign I reasur er and Designation of Campaign Depository for Candidates form

attached hereto as Exhibit "A" is genuine

3 You were required to comply with Florida Elections Law under Chapters

DoahOSO (7/08)

,-1

104 and 106, Florida Statutes

4 Dming your 2011 mayoral campaign, you had a campaign website with

the web address www tonyrosado .. net

5. On yom campaign report dated August 15,2011, to September 16,2011,

you listed an expenditme to WEBvelations for "website" in the amount of $247 on

August 15,2011

6. The copy of yom report attached hereto as Exhibit "B" is genuine

7. On your campaign report dated September 7, 2011, to September 30,

2011, you listed expenditme to Webvelations for "website" in the amount of $200 on

September 30, 2011

8 The copy of your report attached hereto as Exhibit "C" is genuine ..

9 You received an Invoice fiom WEBvelations for development, hosting,

and registration of a domain name for www tonyrosado.net

1 0.. The copy of the Invoice fiom WEBvelations attached hereto as Exhibit

"D" is genuine ..

11.. You or someone acting on behalf of your campaign paid the amount

requested in the Invoice fiom WEBvelations

12 A website is something of monetary value

13 Cody Carmichael was a Mascotte City Council Candidate in the 2011

election.

14 At sometime on your 2011 mayoral campargn website

www tonyrosado .. net, one of the webpages was labeled "Cody Carmichael for City

CounciL"

2 DOahOSO (7 /08)

15.. The copy of the webpage labeled "Cody Crumichael for City Council"

attached hereto as Exhibit "E" is genuine ..

16.. The webpage on your website www.tonyrosado net labeled "Cody

Carmichael for City Council" supported Mr Crumichael's candidacy

17 The information about Mr Carmichael in support of his candidacy that

you posted on the webpage labeled "Cody Crumichael for City Council" was something

of monetary value

18 Yom support for Mr. Crumichael's candidacy on your website

www.tonyrosado.net was willful

19 Your support for Mr .. Carmichael's candidacy on your website

www.tonyrosado .. net is a violation of Section 104 071(b), Florida Statutes


I HEREBY CERTIFY that a copy hereof has been fumished to I ony Rosado, 625 Peru! Street, Mascotte, FL 34753, by US .. Mail, this 20 day of July 2012.

DOahOSO (7 /08)


Jacque· eM. Davison Attorney for Plaintiff Floiida Bar Number: 92335 107 West Gaines Stieet, Suite 224 I allahassee, FL 32399-1050 Telephone: (850) 922-4539 Facsimile: (850) 921-0783

3

-APPOINTMENT OF CAMPAIGN TREASURER

ANO.DESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDIDATES

(Section 106 021(1), F S)

(PLEASE PRINT OR TYPE)

NOTE: This form must be on file with the qualifying offcer before Opening the campaign account .• __ _

I

. c" c'

'

-·------~~-1 CHECK APPROPRIATE BOX(ES): / II] Initial Filing of Form Re-frling to Change: rzj Treasurer/DepUty 0 Depository 0

OFFICE USE ONLY

Office 0 Party

2. Name of Candidate (in this order. First Middle Last)

4-N~Q{'2\0 ( ___ LO -·--3 Addres·s- (lnc!ude post office box or street city, state zip

code l i:, J-5 \)u..A s·•· 4 .. Telephone 5 E-mail address f-1rl S.o "t:\.e-·} I?L 5 '{ 7 S.~

<;)~~----- os~J,Tw.r @.:.::t4:fA.QQ.J, 6. Office sought (include district circuit group number) ==--r:7::-_-c,f:-a-c_a_n-.d::-id;-a7te-r""o_r_a_n_o_n_p_a-.rt7js_a_n_. o-:ff:::ic_e_, check if

'S B::IT 3 - (Y\ C:A. \j or· applicable: D My intent is to run as a Write-In candidate

~-----'-------------.. --'---·----8 If a candidate for a partisan office, check block and fill in name of party as applicable: My intent is to run as a

0 Write~ln 0 No Party Affiliation 0 _Party candidat~

9 .. I have·,.;;;:~~'t:ith;'f~u;;;;;;:;~; to act as my· [i( Campaign Treasur~r D Oepu'ty ~r;;"~;;;--·-·-"""'" ·-··~·--·----- ... ~ .. "---·------·-·-··--------

10 .. Name of Treasurer or Deputy Treasurer ·

. _!{;fA;c/., A· UAr.. l'i__t)~ ------·-·-------··---·-~- . -·-·--·-11 MaHing Address 12 Telephone

_ y:z s. S;~y /vek<:. N'ue.. -----· . __ -~srz1_ '267 ?~::!__ 13 City_ 114 County J .15 State 16 Zip Code 17 E-mail a_ddress

.LI/4sofit:= . /._,tJI:e. -"n. :5'17.!'§. C!_h,ef'"tecPL.J2..J{.<••""

UNDER PENALTIES OF PERJURY, I DECLARE THAT (HAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY AND THAT THE FACTS STATED IN IT ARE TRUE

25 Date ·- ftP., ----J"26: Signature of Candidate

______ ?_:.f.f .-}-~II R B _________ ,.,._, __ _j)f ~~~----- -~=--·-·----··-·---· 27 Treasurer's Accep nee of Appointment (fill in the blanks and check the appropriate block)

I, ~ /&!liM' L. f.agp'-,6Z. ---·· , do hereby accept the appointment (Ple.a7e Print or Type Name)

designated above as: rfA. EJ Campaign Treasurer [] Deputy Treasurer

~/t.rJ;; R~--- xA._jfi-~ I 1 Date ~~-"c"a~m~p',-aif:g:'n"'lT~re?.a'=s::'ur::e-:r C:o':-r "o=ep='u"'ty7T"'r=e::a=su::r::e,7· ---·

·--·-------·-·--"---····--·-----·-··-· ""'------·::--::::-:~~ DS-DE9 (Rev. 10/10) Rule 15-2.0001, FAC .

. EXHIBIT

EX 1. --'-A"-'--"' -

;

I

( (

FLORIDADEPARTMENT OF STATE DIVISION OF ELECTIONS CAMPAIGN TREASURER'S REPORT SUMMARY

(1) l ~~ Kcsa4o(Pn ~1\ic )_ OFFICE USE ONLY

(2) tme ~~ ' J ).S ' &+· Address (num er and stree3 -3

F$~~n~ 8a,~ .Q, Y1S City, State, Zip Co~e 0 CHECK IF ADDRESS HAS CHANGED (3) ID Number:

·-·-------~---·--- --··'-

(4) Check appropriate box(es):

1~a~G~ CoU.Yid\ :S:ot:3 ~·candidate (office sought): 0 Political Committee • 0 CHEC IF PC HAS DISBANDED

0 Committee of Continuous Existence 0 CHECK IF CCE HAS DISBANDED 0 Party Executive Committee

0 Electioneering Communication [] CHECK IF NO OTHER ELECTIONEERING COMMUNICATION REPORTS WILL BE FILED


Cover Period: From _'_[_ I -~I __2.c [ I To .,9_. I Jk I~JJ Report Type

~~Original 0Amendment 0 Special Election Report 0 Independent Expenditure Report

(6) CONTRIBUTIONS THIS REPORT (7) EXPENDITURES THIS REPORT

'iS?J. 00 Monetary ·-T-1 7-e rs-Cash & Checks $ Expenditures $ - --------,,...__.

Loans $ Transfers to Office

--~ --······ ---Account

~sv oCt $ $ ·' -----·--"-~·-··--

Total Monetary Total ··---

$ SrL!_ G rj Monetary $ ---- -·---

In-Kind -- ----(8) Other Dist~butions ~~

(9) TOTAL Monetary Contributions To Oate::ffi 1(1t-J

$ ?r.So . o d-=i{:J;Z) (10) ;oTAL!J~~enditures To Date d. iS::: .. __

-(11) CERTIFICATION

It is a first degree misdemeanor.for any person to falsify a public. record (ss. 839.13, F.S.)

I certify that I have examined this report and it is true, I certify that I have examined this report and it is true

correct, and C?'(lpletelll

~ras~ correct. and complete to _

~62Gdo (Type name) 1.< (f r\' -· (Type name) Pr ry ~ I (I OrndivicJual (on~ for reasurer 0 Deputy Treasurer Ocandidate 0 Chairperson (only ror PC, PTY &

~~-oleclionooring commtln organization)

X '

Signature Signature

OS-DE 12 (Rev 08/04)

( l

CAMPAIGN TREASURER'S REPORT- ITEMIZED D!STRIBUTe:JrJ•m I{ (1) Name f±n_{;ond }2.os;Qd~ (2) to.Number ------

(3) Cover Period '25 I r:;l ll through ~ I l~ I I I (4) Page of l (5) (7) (8) (9) (10) (11)

Date FuUName Purpose ···--(6) (Last, Suffix, First, Middle) (add office sought If

Sequence Street Address & contribution to a Related Number Cltv, State, Zlp_Code candidate_::)_ Expenditures Amendment Amount

Jlwl:i>A~

w~~~~ ttd~Site- t~l <?' I_::,- I ll ~ IJJ:.bJeJru-',()YI)

r-- ~ \ 'IJ5d. Mar~ De. IM in ne-cl_a, f'(.,,jlf71$' -C\~Of-~r~ ~;---

.l: ;l~.~. 5\3._~ 1~\ (t/2 ~lo!.il3 (CO G -VY\'ietS" lOI iCI

c;;: ,_.L. Has.~,t;.t 34·1s-~ ~ee- ~e -- l\{fo~5ns

..•. ---- -----

?) I IS"! II Ca.W\~~<jl\ n'~x'\ $ lqd. w.~so s•c/'<;. S1."5' 6 !Ol-oD

Q ~ ...... 1-:C\e.r Md"r~',nll . --· --~~5tv

1----1-----------" An;\-\ctno ~0 Cu.h\PG.l'}l)

1-~ I~~- I !l bl..'i:"' ~r\ st-'51 YIS St£::1~

~-~ ~--~- 1--\a>U>* ~L-- ~~$<~ ~~~-\$41:0 '-:::-· .

Po11s.·l:>e~ ~

,, .. --.:o·/ dJ,r l\

f\n-\-i .. no ~~o ~~+'$11 ~.s-~\ S.+

ca~!'31\ slq&.S ~l..t:st> p~a.sQI't1l-, ~ s~I:Jl'\~ AL~- 31..('1'0~ ~ &0-~:!>;<;'\S r-·- - ~rlkbt,~nr-

-- '' . ----- -------------l(_;~Ll; !l CO.t"-pi~ 1'1 !VIAl• ~sg.st> Qe¥mn.1-, ~ "Sit5Y\S

~G 3 \.flll

~~ec. ~.s ?rrn+;;J s;:.\'~ g.s? ~ -- ---

<t !-;)Sf ll ~

~s- <.Hr¢ 1<11'01 ~IS"il>l

_(11_ Qc;K>Mdif<-- 3'111( ·-- .

I I --·-------- -

DS·DE 14A (Rev 12107) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

' ' I

~~~ ~G~ ~EASURER'S REPORT ·-ITEMIZE~ONTRIBJ~i!~ .. d (1) Name I oY\'-{ Ro.sc.do . (2) ro .. Numb~;::gJ./Y{/J.qa[ 1/(q (3) Cover Period ""b I /<;"; fl through :1. I (wl l( (4) Page I of /

(5) (7) (8) (9) (10) (11) (12) Date Full Name (6) (Last, Suffix First Middle)

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I OS-DE 13 (Rev. 08103) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

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FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS CAMPAIGN TREASURER'S REPORT SUMMARY

(1) .ri\r l ~ 1i> \:.( "'"" \l11.U { it'\ OFFICE USE ONLY

Name (o;6 1ea!l s+-RECEIVED OCT 06 201131 v

(2) --~tiss&'~dsF-L 2:>Lr/~ City, State, Zip Code

0 CHECK IF ADDRESS HAS CHANGED (3) ID Number: --.. ·---~-·--------- ---(4) Check appropriate box(es):

G~LL'"C& - ~-~ ~Candidate (office sought): 1:\.o$.~ 0 Polfiical Committee 0 C CK IF PC HAS DISBANDED



0 Electloneering Communication f] CHECK IF NO 0 THER ELECTIONEERING COMMUNICATION REPORTS WILL BE FILED


Cover Period: From 7 I 7 I /J To _J_ I :Jt:> I II Report Type -- -- ---·~riginal 0Amendment 0 Special Election Report 0 Independent Expenditure Report

(6) CONTRIBUTIONS l'HIS REPORT' (7) EXPENDiTURES THIS REPORT

7 Si:J ,<JO Monetary t:;">r: .,.

Cash & Checks $ Expenditures $ -· -------------

$ ·- Transfers to Office Loans ---------- Account $ 0 $ __ 7_J"6 ~0 --·---

Total Monetary Total Monetary '!(, p•

j•~ $ __ __!:I_}__· ____

In-Kind $ z:s . .. -

(8) Other Distributions $ 0

-(9) TOTAL Monetary Contributions To DatefoW (10) TOTAL Mo'le!ary Expenditures To Date

$ .) f? 3[ .. "'0 ... .;:;;35.0() $ ___ L.2 o7,_1.J ____

--- 11>/hDDD f , l b

(11) CERTIFICATION

It is a first degree misdemeanor for any person to falsify a public (eco~d (ss. 839.13, F.S.) ·--

1 certify that I have examined this report and it Is true I certify that I have examined this report and it is true, correct, and complete correct and complete d (Typename)~0 L 8{!,4-1~<'"- ~name) JD~ QCE:J,-D

Orndividual (only for ~Treasurer 0 Deputy Treasurer ndidate ChG11rperson (only for PC, PTY &

-~oct4o<nmU<•.) -1, ~

~ctioncortnroommun e<gon~ntion)

Signatu~ X --------Signature

05-DE 12 (Rev 08/04)

,. " . (

CAfll .. <I,~A TREASURER'S REPORT -ITEMI£1:0 CONTRIBUTIONS

{2) to. Number __ _

(3) Cover Period q I \{J I l through Cj/ dl (4) Paae _} of 1 (5) (7) (8) (9) (10) (1!) (1 2)

Date Fuf/Name

(6) (Last Suffix Flrst Middle)

Sequence Street Address & Contributor Contribution Jn .. klnd

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I OS-DE 13 (Rev 08103) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

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CAMPAIGN TREASURER'S REPORT·· ITEMIZED DISTRIBUTIONS

{1) Name {k1+onl 0 R.rnd.O {2) 10. Number ______ _

(3) Cover Period Q I {]t (I through 0 I ~01 { L {4) Page ·-; of ) --. --- ---- -(5) (7) (8) (9) (10) (11) Date Full Name PurPQse (6) (Last, Sutlix, First, Middle) (add office sought if

Sequence Street Address & contribution to a Related Number City, State, Zip Code candidate) .. Expenditures Amendment Amount

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---·--··'-· OS-DE 14A (Rev. 12/07) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES

----

832 Marquee Drive Mirmeola, Florida 34715 mobile: .321-689-6874

, sales@webvelations corn

Invoice For:

Tony Rosado Tony for Mayor! Mascotte, FL 3475 3

--Line Items

I Service llouantityll

('

··--

Description

Invoice

Date: 8/5/2011

Invoice Number: 518


IIA!lX>untl( SubTotal I jDeveloprrent Hours JITJiwordpress website, custom therre with social media for Mayor Carrpaignj! $80.oojj $400,001 11-bsting ~~~=]annual hosting for www .tonyrosado.net II $4.ooll $48,001 Domain Name ILJiwww .tonyrosado.net domain registration 1~1 $8 001 Registration

Grand To tat $456.00

EXHIBIT

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\._-'

Cody Carmichael for City Council Cody 1s runmng against Councilman Elmore Cody is a young man with drive and fresh new ideas. I have been very impressed by the things he wants to bnng to the City of Mascotte.

In his own words:

fShow as slideshovil

My name 1s Cody Carmichael, ; am 19 years old, and I am runmng for seat 5 of the citv council for Mascotte. I am runmng oecause I would like to see the city out of the financial turmoil it has gotten mto. The ma1n pomts that I am stress111g are community, growth, and youth. i want to oe a strong part or the community, and listen to the options and the op1mons of the citizens. i also feei that it's time tor a change 111 the

council. I feel that me being a young man, i can bnng new fresh ideas to the city, that may help bring it out of the turmoil that it Is 1n. Something needs to change, so that the citv can be 10 a stable financial pomt.

i am a volunteer with Teen's Save, and i am a firm believer 111 volunteenng, you should always nelp your neighbor.

;!'11 ... ~ ~ "''. ~- :g~~· W" <:,_

Search

RECENTPOSTS •.

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• First RallvTonytor Mayor of Mascotte

• Tony, a Supporter ot the Mascotte Fire Depanment

~illi

• Tony, South Lake Chamber Board Member

• Elections November 8, 2011

~ VotetorTcnyRosaoo!

CALENDAR

OCTOBER 2011

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RECENT COMMENTS

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seat 5 of the city council for Mascotte. I am runnmg because I would li!<e to see the city out of the finanCial turmoii it has gotten mto. The mam pomts that 1 am stressmg are communlty. grmvth, and youth. i want to

be a strong part of the community, and listen to the options and the

opm1ons of the citizens. l also teei that it's time for a c11ange in the

council. i feel that me bemg a young man. i can bnng new iresn ideas to the city, that may help bnng it out of the turmoil that it ism. Something needs to change, so that the city can be 10 a stable financial POint. i am a volunteer with T een·s Save, and i am a firm believer m volunteenng, you snould aiways help your ne1ghbor.

CALENDAR

OCTOBER 2011

s M T w T !' s l

a 3 4 5 6 7 8 9 10 11 12 13 14 15

16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

« Se.p

RECENT: COMMENTS

• Michael Ebinger: You have my vore. You had

came to my house today L ,

o Rooert: Aftet' ta!king to sevet'al other residents

abourthi. .. "'

• RO!lertoaulz: Robertpaulz (2 davs ago} Tony, We need you as our •.. ,.

• Cenral Florida Firefighters Volunteer Assoc.: Tony Rosado nas Shown us that nets commtttea m w ... »

• Councnwoman Debbie Ba1rd Flinn:

EndorS-<=-ment!! I bell eve Tony has the CitY or ~ ... ,.

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v.. DOAH Case No .. : 12-2283 Agency Case No .. : FEC 11-244

I ony Rosado, Respondent.

--------------------------~/

RESPONSE TO INITIAL ORDER

COMES NOW, Petitioner, FLORIDA ELECTIONS COMMISSION (Commission),

by and through its undersigned counsel, and responds to the Initial Order in this case as follows:

1 There are no other related cases before the Division of Administrative Hearings at

this time.

2. The Commission estimates the time to try this case will be one day

3.. Lake County, Florida, would be an appropriate venue for the final hearing

4.. The parties and their counsel are available for a Final Hearing on the following

dates:

a August 21-24,2012

b September 10-14, 2012

c September 17-19,2012

d September 24-28, 2012


I HEREBY CERTIFY that a true and correct copy has been provided via US Mail to the

Respondent, I ony Rosado, at 625 Pear Street, Mascotte, Florida 34753, and via email to

tony rosado@cityofmascotte com, this 2nd day ofJuly 2012

Jacqu ine .. Davison Assist t eneral Counsel Fl01ida Number 92335 Florida Elections Commission 107 West Gaines Street, Suite 224 I allahassee, FL 32399-1050 I elephone: (850) 922-4539 Facsimile: (850) 921-0783

I '

FLORIDA ELECTIONS COMMISSION 107 W. Gaines Street

Collins Building, Suite 224 Tallahassee, Florida 32399-1050

(850) 922-4539

June 28,2012

Robert S Cohen, DirectOI and ChiefJudge Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, Florida 32399-3060

RE: Florida Elections Commission v. Tony Rosado, Case No.: FEC 11-244

Dear Judge Cohen:

On behalf of the Florida Elections Commission, I am transmitting this case for the assignment of an administrative law judge to conduct a formal hearing for the Commission.

The Commission will be represented in this matter by Jacqueline Davison, Assistant General Counsel, and Eric M. Lipman, General Counsel, I 07 West Gaines Street, Collins Building, Suite 224, Tallahassee, Florida 32399-1050

The Commission requests that all notices and orders be addressed to the Commission's counsel as well as to Tony Rosado at 625 Pearl Street, Mascotte, Florida 34753

Sincerely,

Rk?~ Ca:WdA{) Executive Director

Enclosures: Commission's Order of Probable Cause and Staff Recommendation Respondent's letter requesting hearing

cc: I ony Rosado, Respondent w/o enclosures

Doah00!(6/08)

Confirmation Page

' I

Division of Administrative Hearings eALJ

File ~ Docket Document

File Reoorts 120.53 ~

e-Filing Confirmation Your Document in this case has been filed ..

120.53 ~

Page I of I

Documents received after 5:00 p .. m.(ET) will be time-stamped for the next business day .. You may print this page for your r·ecords.

Case No .. : 12-002283 Judge:

FLORIDA ELECTIONS COMMISSION VS

TONY ROSADO

Claudia Llado, Cler·k

Filer: Donna Malphurs

BarNo.:

EMail: [email protected]

Document: Agency referral

Date Filed: 06/28/2012

Time 05:06

Filed:

NOTE: A party who files by electronic transmission is responsible for· any delay, disruption, or interruption of

the electronic signals and accepts the risk that the document may not be properly filed with the Clerk as a

result ..

http://www doah .state .fl.us/eALJ/Success aspx?Case!D= 118535&Docket!D=1792273 6/28/2012

June 13, 2012

Mr. Eric Lipman Donna Malphurs



Tony.Rosado@cityofmascotte com

Florida Elections Commission Cabinet Meeting Room, Room LL 03, 400 S Monroe St Tallahassee, FL 32399 850-921-0783


Mr .. Eric Lipman and or Donna Malphurs:

(

I received your letter concerning the commission's decision on Case Number: FEC11-244 I am disappointed in the determination that an "Election Violation" occurred This letter will serve as my formal request for an Appeals Hearing and the right to Subpoena witnesses for testimony. I understand your office will schedule a hearing date and time in Central Florida I look forward to your confirmation of the hearing date and time and the opportunity to state my case concerning this matter

Sincerely,

Mayor Tony Rosado City of Mascotte Florida

•

' I.


Florida Elections Commission, Petitioner, ·:.'":· .:.

(TI "~. 0~~

v .. Agency Case No.: FEC 11-244


----------------~------------/

ORDER OF PROBABLE CAUSE

::.

THIS CAUSE came on to be heard before the Florida Elections Commission at its

meeting held on May 8, 2012, in Tallahassee, Florida

The Commission has reviewed the Complaint, Report of Investigation, Staff

Recommendation, all documents submitted by the Respondent, any relevant documents, and

considered all oral statements made at the probable cause hearing Based on the facts set forth in

the Staff Recommendation, which is incorporated herein and attached to this order, the

Commission finds that there is probable cause that Respondent committed one count ofviolating

Chapter I 06, Florida Statutes:

Count 1:

Between August 2011 and October 5, 2011, Respondent violated Section 104 .. 071(1)(c), Florida Statutes, by giving, paying, expending, or contributing money or other thing of value to another candidate, when Respondent included supporting Cody Carmichael for the Mascotte City Council.

DONE AND ORDERED by the Florida Elections Commission on May ~012

Tim Holladay, Chairman Florida Elections Commiss on

···•I

As the Respondent, you may elect to resolve this case in several ways Fiist, 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 mder, contact the attorney who signed the Staff Recommendation attached to the Order of Probable Cause ..

Second, you may request an informal hearing held before the Commission, if you do not dispute any material fact in the Stafi Recommendation You have 30 days from the date of the Order of Probable Cause to request such a hearing At the hearing, you will have the right to make written or oral arguments to the Commission concerning the legal issues related to the violations and the potential fine.. At the request of Respondent, the Commission will consider and determine willfulness at an informal hearing. Otherwise, live witness testimony is unnecessary.

Third, you may request a formal hearing held before an administrative law judge in the Division of Administrative Hearings (DOAH), if you dispute any material fact in the Staff Recommendation .. You have 30 days from the date of the Order of Probable Cause to request such a hearing. At the hearing, you will have the right to present evidence relevant to the violation(s) listed in this order, to cross-examine opposing witnesses, to impeach any witness, and to rebut the evidence presented against you

If you do not elect to resolve the case by consent order or request a formal hearing at the DOAH or an informal hearing before the Commission within 30 days of the date of this Order of Probable Cause, the case will be sent to the Commission and you will be entitled to a formal or informal hearing ..

To request a hearing, please send a written request to the Commission Clerk, Donna Ann Malphurs.. The address of the Commission Clerk is I 07 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 ..

Copies furnished to:

Eric M Lipman, General Counsel I ony Rosado, Respondent (certified mail) Stephen Elmore, Complainant Michelle Hawkins, City Clerk, City of Mascotte

Attachment: Staff Recommendation

In Re: Tony Rosado

(



--------------------~/ STAFF RECOMMENDATION FOLLOWING INVESTIGATION

Pursuant to section 106 25(4)(c), Florida Statutes, undersigned staff counsel files this written recommendation for disposition of the complaint in this case recommending that there is probable cause to charge Respondent with violating Section 104.,07(1), Florida Statutes. Based upon a thorough review of the Report of Investigation submitted on February 27, 2012, the following facts and law support this staff recommendation:

L On October 18, 2011, the Florida Elections Commission ("Commission") received a sworn complaint from Stephen Elmore ("Complainant"), alleging that Tony Rosado ("Respondent") violated Chapter I 06, Florida Statutes


Section 104.071(1)(c), Florida Statutes: Tony Rosado, city councilman and mayoral candidate for Mascotte, Florida, gave, paid, expended, or contributed money or anything of value for the furtherance of the candidacy of another candidate, as alleged in the complaint

3.. Respondent was elected the Mayor during the November 8, 2011 municipal election. Prior to running for Mayor, Respondent was elected to the Mascotte City Council, Seat 2. 1 (ROI Exhibit 1)2 Respondent filed his Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates form (DS-DE 9) for Mayor on or about August 15, 2011 (ROI Exhibit I)

4.. In August 20 II, Respondent received a candidate qualifying packet which included a Candidate and Campaign Treasurer Handbook published by the Division of Elections ("Division") (ROI Exhibit I 0) Respondent also received a copy of Chapter I 04, Florida Statutes, which he read. (ROI Exhibits 7 & I 0)

5 Complainant alleged that Respondent ran an advertisement supporting Cody Carmichael for City Council on Respondent's website

1 Seat 3 on the Mascotte City Council is designated as the Mayor Respondent resigned his position on the city council (Seat 2) to run for the Mayor, or Seat 3 2 The Report oflnvestigation shall be referred herein as "ROI"

Staff Recommendation FEC 11-244

' I

6 Respondent had a campaign website, www.tonyrosado net (ROI Exhlbits 4 & 5) Respondent listed two expenditm es to WEBvelations for "website" on Ills campaign reports The first expenditme was for $247 on August 5, 201 L Respondent reported making the second expenditure on September 30, 2011, for $200 (ROI Exhibit 4)3

7.. One of the web pages on the website was labeled "CODY CARMICHAEL FOR CITY COUNCIL" On the left of the webpage, the following appeared:


Cody is mnning against Councilman Elmore[ . .] Cody is a young man with drive and fresh ideas I have been very impressed by the things he wants to bring to the City of Mascotte4

(ROI Exhibit 2)

8.. Under Respondent's words is the following that appears to be written by Cody Carmichael:

(!d)

My name is Cody Carmichael, I am 19 years old, and I am mnning for seat 5 ofthe city council for Mascotte. I am running because I would like to see the city out of the financial turmoil it has gotten into.. The main points that I am stressing are community, growth, and youth. I want to be a strong part of the community, and then listen to the options and opinions of the citizens. I also feel that its's time for a change in the council I feel that me being a young man, I can bring new fiesh ideas to the city, that may help bring it out of the tmmoil that it is in.. Something needs to change, so that the city can be in a stable financial point I am a volunteer with Teen's Save, and I am a firm believer in volunteering, you should always help your neighbor

9 Respondent claimed the portion of his website relating to Mr Carmichael wasjust information, but he did not remember when the material related to Mr. Carmichael was added to the website When Respondent was asked if he considered displaying information about the

3 Gayle Jones from WEBvelations reported Respondent made two payments for the website. A $247 check on August6, 2011, and a $209 cash payment on September 23,2011 (ROI Exhibit 5)

4 Respondent did not charge Mr Carmichael for his support through Respondent's website (ROI Exhibit 7)


' (

other candidates seeking office on his website, he responded, "Yes [b ]ut was told I could not .... " Respondent added that he took the information off his website on October 5, 2011, when he was told "it was Wiong .. " (ROI Exhibit 7)

Section 104.071, Florida Statutes provides:

(1) It is unlawful for any person supporting a candidate, or for any candidate, in order to aid or promote the nomination or election of such candidate in any election, directly or indirectly to:

* * * * *

(c) Give, pay, expend, or contJibute any money or thing of value for the furtherance of the candidacy of any other candidate

10. It appears that Respondent's support for Mr. Carmichael's candidacy, and placing favorable information about Mr. Carmichael on Respondent's website was something of value for the furtherance of Mr Carmichael's candidacy, and is a violation of Section 104 07l(l)(c), Florida Statutes.

I L "Pwbable cause" is defined as reasonable ground of susprcwn supported by circumstances sufficiently strong to wan ant 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 [investigatm] has reasonably tJustworthy information, are sufficient in themselves for a reasonable man to reach the conclusion that an offense has been committed Dept of Highway Safety and Motor Vehicles v. Favino, 667 So 2d 305, 309 (F !a l" DCA 1995)

12 The facts set forth above show that Respondent was a candidate for the Mascotte City Counsel, Seat 3, in the November II, 2011 Municipal Election. When Respondent filed his DS-DE 9 form with the filing officer, he received a Candidate Handbook and a CD disc containing Chapter 104, Florida Statutes As part of his campaign, Respondent paid for the website www tonyrosado net During the time Respondent's campaign website was up and tunning, one of his web-pages was entitled "CODY CARMICHAEL FOR CITY COUNCIL." This page of Respondent's website contained information that was favorable to, and encouraged voters to support, Cody Carmichael, who was mnning for a different seat on the City Council Respondent removed this information on October 5, 2011.



Count 1:

Between August 2011 and October 5, 2011, Respondent violated Seciion I 04.071 (I)( c), Flmida Statutes, by giving, paying, expending, or contributing money or other thing of value to another candidate, when Respondent included supporting Cody Crumichael for the Mascotte City Council.

Respectfully submitted on Mruch 20,2011,

l~~---Eric M. Lipman Assistant General Counsel

7 'I I reviewed this Staff Recommendation this._<>'_/_ day of March, 20 II.

Executive Direc r

Staff Recommendation F EC 11··244 4