NOH FEC # 16-666

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

In Re: Armand Izzo _____________________________________________/

Case No.: FEC 16-666

TO: Armand Izzo 4010 Sugarcane Creek Run Niceville, FL 32578-2578

Division of Elections 500 S Bronough Street, Room 316 Tallahassee, FL 32399

NOTICE OF HEARING (AUTOMATIC FINE) A hearing will be held in this case before the Florida Elections Commission on, February 28, 2017 at 11:00 am, or as

soon thereafter as the parties can be heard, at the following location: Senate Office Building, 404 South Monroe Street, Room 110-S, Tallahassee, Florida 32399

Failure to appear in accordance with this notice will constitute a waiver of your right to participate in the hearing. Continuances will be granted only upon a showing of good cause.

This hearing will be conducted pursuant to Section 106.25, Florida Statutes, which governs your participation as

follows: If you are the Respondent, you may attend the hearing, and you or your attorney will have 5 minutes to present your

case to the Commission. However, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless you request to be heard or the Commission requests that your case be considered separately on the day of the hearing, your case will not be individually heard.

If you are the Complainant, you may attend the hearing, but you will not be permitted to address the Commission. In

addition, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless the Respondent requests to be heard or the Commission requests that the case be considered separately on the day of the hearing, the case will not be individually heard.

If you are an Appellant, and you have requested a hearing, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission.

Please be advised that both confidential and public cases are scheduled to be heard by the Florida Elections

Commission on this date. As an Appellant, Respondent or Complainant in one case, you will not be permitted to attend the hearings on other confidential cases.

The Commission will electronically record the meeting. Although the Commission’s recording is considered the

official record of the hearing, the Respondent may provide, at his own expense, a certified court reporter to also record the hearing.

If you require an accommodation due to a disability, contact Donna Ann Malphurs at (850) 922-4539 or by mail at 107

West Gaines Street, The Collins Building, Suite 224, Tallahassee, Florida 32399, at least 5 days before the hearing.

See further instructions on the reverse side. Amy McKeever Toman Executive Director

Florida Elections Commission February 13, 2017

NOH FEC # 16-666

Please refer to the information below for further instructions related to your particular hearing: If this is a hearing to consider an appeal from an automatic fine, the Filing Officer has imposed a fine on you for your failure to file a campaign treasurer’s report on the designated due date and, by filing an appeal, you have asked the Commission to consider either (1) that the report was in fact timely filed; or (2) that there were unusual circumstances that excused the failure to file the report timely. You are required to prove your case. If the Commission finds that the report was filed timely or that there were unusual circumstances that excused the failure, it may waive the fine, in whole or in part. The Commission may reduce a fine after considering the factors in Section 106.265, Florida Statutes. If the Commission finds that the report was not timely filed and there were no unusual circumstances, the fine will be upheld.

If this is a hearing to consider a consent order before a determination of probable cause has been made, the Commission will decide whether to accept or reject the consent order. If the Commission accepts the consent order, the case will be closed and become public. If the Commission rejects the consent order or does not make a decision to accept or deny the consent order, the case will remain confidential, unless confidentiality has been waived. If this is a hearing to consider a consent order after a determination of probable cause has been made, the Commission will decide whether to accept or reject the consent order. If the Commission accepts the consent order, the case will be closed. If the Commission rejects the consent order or does not make a decision to accept or deny the consent order, the Respondent will be entitled to another hearing to determine if the Respondent committed the violation(s) alleged. If this is a probable cause hearing, the Commission will decide if there is probable cause to believe that the Respondent committed a violation of Florida’s election laws. Respondent should be prepared to explain how the staff in its recommendation incorrectly applied the law to the facts of the case. Respondent may not testify, call others to testify, or introduce any documentary or other evidence at the probable cause hearing. The Commission will only decide whether Respondent should be charged with a violation and, before the Commission determines whether a violation has occurred or a fine should be imposed, Respondent will have an opportunity for another hearing at which evidence may be introduced. If this is an informal hearing, it will be conducted pursuant Sections 120.569 and 120.57(2), Florida Statutes; Chapter 28 and Commission Rule 2B-1.004, Florida Administrative Code. At the hearing, the Commission will decide whether the Respondent committed the violation(s) charged in the Order of Probable Cause. The Respondent will be permitted to testify. However, the Respondent may not call witnesses to testify. Respondent may argue why the established facts in the Staff Recommendation do not support the violations charged in the Order of Probable Cause. At Respondent’s request, the Commission may determine whether Respondent’s actions in the case were willful. The Respondent may also address the appropriateness of the recommended fine. If Respondent claims that his limited resources make him unable to pay the statutory fine, he must provide the Commission with written proof of his financial resources at the hearing. A financial affidavit form is available from the Commission Clerk.

MAR-19-2004 00:59 ( TRA EGL IN J9CXW ( P.001

16 SEP 16 AH 11: 00 16 September 2016 Good Morning, I'm appealling the $500.00 fine. rnv::;,

SEC HE ' CTIOHS

STATE Armand T7..zo, 4010Sugarcanc Creek Run, Niceville, Fl 32578. 850-496-9366 ..

Sincerely, Annand Izzo

2fM.OOS Appeal of .fines Imposed by .Filing Offieers. (l) Io appeal a fine imposed pursuant to Sections 106 .. 04(8) or 106 07(8) .. F S ... the pM1y ;:igainst \'horn tiic fine b k:vicd shal! shat! fifes.

notice of appeal with thi: Commission, <ll'\d a copy filed with t,he filing oftlci:r. within W days oftbc appeJ\ing parry'> rec.:ipt of notice that a fine is bl:ing imposed The notice ofappenl ~hall contain: '

(a) 'llle nam<.:. i1ddress and telc:phonc number of the appealing p:irty: (b) A cop.r of the notice of imposition of fine is~ued by the filing officer: and (c) /\ request for hearing if' a personal appear£ince before the Commission i$ de~ired. If no heii1ing rcque:;t is made the oppeal shall be decided

solely on the documents submitted by the appealing party and C<'romlssion ~an (2) lJpon receipt of a tin1ely notice of appe~1l, tile Commission ~taff shall n(lli(y the appearing pm"t) th<it t~e appeal has been accepted. The

ilppealing party Sh<lll have 20 days from acceptance of the appeal t(\ ::u bmit any document~ suppor'l.ing the appeal Any subseqyc:nt supplemenhtl documents shall be fikd no later than foe business day$ before the hearing '

(3) The Commissi<m shall uphold the fine imposc:d by the filing officer unless the uppcaling party demon~tt:ite~ thnt the report was timely filc:d or that there wer-e vm1:;ual or other circumstances beyond the cont! ol of the candid:ite or c<.muninee that c:mscd the rcpurt to be filed late .. Rulemaking Authority 10626(1) FS I.aw lmpt;mumred 106 04(8), 106.07(8) fS Jforory-N.·w 9·14-86 //mended JO· 19-86, Formiirl}' ID-100.5 Amended 1-11-99. 4--24-05, 62·13

2B-1.0055 I,nteMfil«I Reports: lJnusual Circumst&n~~. (1) Unusual l)irourru.'tance$ mean uncommon. ran: or :;uddcn e\<:n.t~ over which the <1\:to1 has nc• Cl•ntrol and"' hid1 directly r:;sult in tl1e failure

to act ii<:cording to the filing rcquirl;l'l'lent:; t:nu~ual circumstances mllst <)ccur 1>ithin .n. iimc period th11L \\OUld clear!) prevent the pe~on lcgall; rCSj)Ol'ISiblc for filing lhe report from dving ~o in :i time!) mmmci l!nusmtl drcumSlance~ ~hall include, but a.re 1101 limited to, the following ch cumstancc:s:

(a) Natural disa~~r Or other cmergel'\c} that prevented timely filing Evidence submitted :.;ha.II include 1,:op:c> 01 n~w~'J)apcr report~ ()r other document:; from an indepc:ndent and reliable ~ourcc that doc•J!'rlent th.:- naruie. date. and location of the narunil disastc1 °' ernergcnc)

(b} Death of the candidate or campaign treasurer or nn immediate family member of the cm1didate or ~~tmpaign treasurer evidence submitted shall include a copy ofthc death certificate, newspi1per obituarf. o: foncral progrnrr\ or notice

(c) S~iou:; illness, disability or non-elective surgery of the cttndidatc or cmnp<:iign treasurer. Evidence $ubmittcd shall include a physician·:; certification on professional letterhead stationery that include$ 1he dates of the illnc;;, di;;ahility. or surg.~ry; ~1 ~latcnicnr regarding the period of time th:U the patient was incapacitated; and a st11tement that surgcr:v. if any 'Ml~ not elective Th<: period of incapacitation may also be $hown by copies of hospital recMds reflecting the dates of hospitali7.ation.

(d) Serious illness. di~tbility or no11·electivc surgl!I)' or !he candidme·~ or campaign 1m1~mcr's immediate family member, f<:,idencc submitted $hull include evidence of the cruididale or treasurer's rdationship to the family member. the locHlion of the hmily memher, und th<! reason the cundidatc or camp~tign treasurer's prc~cncc '~ns required 1-videm:c submittecl shal! also include a phy~iciun \ certification on profe._<;:;ional lcttcrhead St<itioncry that includes the date$ oJ the illness di$a1'ilil~ or surg~ry: ;l, st.alemcnt regaiding the period of time thlll lhe patient \>as inc:;ip«citatcd; a statement that surgery. if any, was not ekdvc: and a SWlemem tl1at The patient rcquir<:':d the caie of 11 family membc:r

(e} Compute: or equipment failure cam:cd by event.$ \hut could nOt have been :inticipatcd and that rni:dc timd~ fifin,'{, of the r"port impossible (f) The abrvpt and unexpected lo~s of the cnmp~lign treasurer. over which the oppealing pa.n:y bad no comr01 The loss of the campaign

tte<1:;urcr shall not con:;titutc unu$uru circumsrances if th<.: appealing. piirt} foiled rn rnMit()f the campaign treasuicr ·~ pe1·formancc before his or her departure: or ifrh~ appr:~ling party fo:ih;<l to as~urc prompt preparation M 1he r<:port after the m:a~urcr·s deparwrc.

<g) Failure of the tiling officer to e-mail. telephone. m mail a l<!Uer 10 the candida!t!, clwirman ot ii pollrica: commi11ee. or treasun::r of a eomrninee of continuous exfatencc that a report b late no later thm1 ~even day::. after th<: report w~ due shall constitute unusual circumstances jf the appealing party csttit>lishes that lack of notice clearly interfered with the timely tiling 01 the report l he fine impo~:d b) the filing oHicer shall he redm.-ed to the amo11nt that would have been imposed had the report been fiicd 1) da1~ late

(2} Unusual circumstances shall not include: (a) faihirr: of the United St,atcs Postal Service or other mnil dciivc1~ service to posm1ark ~n en\ dope. rcgib1y po:;tm3fk an envc:Jopc, 01 timely

dc!ivc1 mail (b) Failure: of the sender to affix sufficienl po~tage to a r~port that is being m11i!cd

Rulemak!t1g Authority 10626(!) FS. Law Jmpf1mw11ted 106 04(0) l(/f; Oi/'31 F':i Hi>to1>-.\'C'".1 J.J 1-9?. Amended J.,?d.05 5,3.13

MAR-19-2004 00:69

August30, 2016

Armand Izzo

/

fRA EGLIN J9CXW I

FLORIDA DEPARTMENT OF STATE KenDetzner Secretary of St.ate

DI\1SION OF ELECTIONS

Candidate for State Representative, District 4 4010 Sugarcane Creek Run Niceville, FL 32578-2578

Dear Mr. Izzo:

P.002

CAN 64829

The campaign treasurer's report that was due on August 26, 2016, was filed on August 27, 2016 By Jaw, you are automatically assessed a late fine of $500 .. 00.

You have ZO days from the receipt of this notice to either:

l .. Pay the fine to the Florida Division of Elections (For a candidate only, a fine is nor an allowable campaign expenditure and must be paid from personal fonds) at:

Florida Division off;lections RA. Gray Building. Room 3 I 6 500 South Bronough Street Tallahassee, Florida 32399-02501 I

2. Appeal the fine to the Florida Elections Comn1issiort (See Rules 2B" l .005 and 2B 1.0055, F!orida Administrative Code) at:

Florida Elections Commission I 07 West Gaines Strttet. Sti!: 22:t

____ .. . _Tallql1!!!~~e~ F,l~ri<Ja ~23~9.:_0,~50.

lfyou appeal, please send a copy also to the Florida Division of Elections so that you will not receive further notices from the Division about this matter

If you have any questions, please contact the help de$k at (850) 245 .. 6280.

~::_t~~ Kristi Reid Bronson, Chief Bureau of Election Records

cc: Rachelle Waltz, Treasurer

The RA Gray Building-Room 3 l 6 • 500 South Bronough Street • Tallahassee FL 32399-0150 • (850) 245-6240 F.J\...'<.: (SSO) 245-6260 • \\.'WW Address: llttp:.1/w'l'l'w.dos.state.fl.us • E-Mail DtvE!~aions~dos.state.fl.us

TOTAL P 002

1/11/2017

Armand Izzo

64829 - STR 004

CONTRIBUTIONS Seq Date Name

KELCH

8/20/2016 KAREN

EXPENDITURES Seq Date Name

POSTCARDMANIA

8118/2016

2 NORTHWEST FLORIDA DAILY NE

8/18/2016

3 NORTHWEST FLORIDA DAILY NE

8/19/2016

4 THE BAY BEACON

8/18/2016

5 THE BAY BEACON

8/19/2016

Filed Camaign Treasurer's Report Elect ID: 20161108-GEN

Report: 2016 P7 (18)

From: 8/13/2016 Amd: N

To: 8/25/2016 Cmplt: COM

Original Report.

Contributor Occupation Address Type lnkind Description

8426 W. WINDSOR I DENTIST

CHICAGO IL 60656 CHE

Office Address Type Purpose

2145 SUNNYDALE BLVD BLDG B MON

CLEARWATER FL 33765 POSTAGE

2 EGLIN PKWY NE MON

FORT WALTON FL 32548 NEWSPAPER ADS

2 EGLIN PKWY NE MON

FORT WALTON FL 32548 NEWS PAPERS AD

1181 E. JOHN SIMS MON

NICEVILLE FL 32578 NEWSPAPER AD FOR 17 AUG

1183 E. JOHN SIMS PKWY MON

NICEVILLE FL 32578 BAY BEACON AD FOR 24 AUG

Page 1

Wvr:N Filed: FIL 8/27/2016 11:14:01 A

Reviewed: AUD 8/26/2016 8:10:38 A

Submitted: 8/27/2016 11 :14:01 A

Errors

Amd

0

Errors

Amd

0

0

0

0

0

Amount

$500.00

Amount $4,542.22

$510.00

$607.50

$172.80

$172.80

1/11/2017

Armand Izzo

64829 - STR 004

Filed Camaign Treasurer's Report ElectlD: 20161108-GEN

Report: 2016 P7 (18)

From: 8/13/2016

To: 8/25/2016

Page2

Amd: N Wvr: N Filed: FIL 8/27/2016 11:14:01 A

Cmplt: COM Reviewed: AUD 8/26/2016 8:10:38 A