Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson...

54
In Re: Vanessa Brito I 0: Vanessa Brito 15820 Palmetto Club Drive Miami, FL 33157 STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION Case No.: FEC 13--332 Division of Elections 500 S Bronough Street, Room 316 Tallahassee, FL 32399 NOTICE OF HEARING (INFORMAL HEARING) A hearing will be held in this case before the Florida Elections Commission on February 25, 2015, at 8:30 am, or as soon thereafter as the parties can be heard, at the following location: Senate Oflice Building, Room 110-S, 404 South Monroe Street, Tallahassee, FL 32399. Failure to appear in accordance with this notice will constitute a waiver of your right to pa1ticipate in the hearing. Continuances will be g1anted only upon a showing of good cause This hearing will be conducted pursuant to Section I 06..25, Florida Statutes, which governs your pa1ticipation as follows: If you are the Respondent, you may attend the hearing, and you or your attorney will have 5 minutes to p1esent your case to the Commission. Howeve1, some cases (including those in which consent orders 01 1ecommendations fo1 no probable cause ate being considered) may be decided by an en masse vote and, unless you request to be heard 01 the Commission requests that your case be considered separntely on the day of the heating, yom 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 arc an Appellant, and you have requested a hearing, you may attend the hearing, and you 01 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 elect1onically 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 repo1ter to also record the heating If you require an accommodation due to a disability, contact Donna Ann Malphu1s 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 NOH FEC #r3-332 Jltrry :Md(eever 'Toman Executive Directo1 Florida Elections Commission February 9, 2015

Transcript of Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson...

Page 1: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

In Re: Vanessa Brito

I 0: Vanessa Brito 15820 Palmetto Club Drive Miami, FL 33157

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

Case No.: FEC 13--332

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

NOTICE OF HEARING (INFORMAL HEARING)

A hearing will be held in this case before the Florida Elections Commission on February 25, 2015, at 8:30 am, or as soon thereafter as the parties can be heard, at the following location: Senate Oflice Building, Room 110-S, 404 South Monroe Street, Tallahassee, FL 32399.

Failure to appear in accordance with this notice will constitute a waiver of your right to pa1ticipate in the hearing. Continuances will be g1anted only upon a showing of good cause

This hearing will be conducted pursuant to Section I 06..25, Florida Statutes, which governs your pa1ticipation as follows:

If you are the Respondent, you may attend the hearing, and you or your attorney will have 5 minutes to p1esent your case to the Commission. Howeve1, some cases (including those in which consent orders 01 1ecommendations fo1 no probable cause ate being considered) may be decided by an en masse vote and, unless you request to be heard 01 the Commission requests that your case be considered separntely on the day of the heating, yom 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 arc an Appellant, and you have requested a hearing, you may attend the hearing, and you 01 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 elect1onically 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 repo1ter to also record the heating

If you require an accommodation due to a disability, contact Donna Ann Malphu1s 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

NOH FEC #r3-332

Jltrry :Md(eever 'Toman Executive Directo1 Florida Elections Commission February 9, 2015

Page 2: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

Please refor to the info1mation below for fUither instrnctions related to yoUI paiticular heaiing:

If this is a heaiing to consider an appeal from an automatic fine, the Filing Office1 has imposed a fine on you for your failure to file a campaign treasurer's repo1t on the designated due date and, by filing an appeal, you have asked the Commission to consider either (1) that the repo1t was in fact timely filed; or (2) that there were unusual circumstances that excused the failUie to file the repo1t timely You aie required to prove your case If the Commission finds that the repo1t was filed timely or that there. were unusual circumstances that excused the failUie, it may waive the fine, in whole or in pait The Commission may reduce a fine after considering the factors in Section 106.265, Florida Statutes.. If the Commission finds that the r epo1t was not timely filed and there were no unusual circumstances, the fine will be upheld

If this is a heaiing 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 mder.. If the Commission accepts the consent order, the case will be closed and become public.. If the Commission rejects the consent 01der or does not make a decision to accept or deny the consent mder, the case will remain confidential, unless confidentiality has been waived ..

If this is a heaiing to consider a consent order after a determination of probable cause has been made, the Commission will decide whether to accept 01 reject the consent order. If the Commission accepts the consent mder, the case will be closed If the Commission rejects the consent mder 01 does not make a decision to accept or deny the consent order, the Respondent will be entitled to another heaiing 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 p1epared 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 occuned or a fine should be imposed, Respondent will have an opportunity for anothe1 hearing at which evidence may be introduced

If this is an infor·mal hearing, it will be conducted pUisuant Sections 120.569 and 120.57(2), F101ida Statutes; Chapter 28 and Commission Rule 2B-l 004, Florida Administrative Code At the healing, 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 willfol 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 fiom the Commission Clerk

Page 3: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

(

14 NOV 21 PM I: 23

STATE OF FLORIDA Et€li'ih· h 'c~~H~1~~ot: FLORIDA ELECTIONS COMMISSION

Florida Elections Commission, Petitioner"

Case No.: FEC 13-332 v ..

Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida,

Respondent.

·--' ORDER OF PROBABLE CAUSE

THIS MATIER was heard by the Florida Elections Commission (Commission) at its

regularly scheduled meeting on October 28, 2014, in Tallahassee, Florida ..

Based on the Complaint, Report of Investigation, Staffs Recommendation, and oral

statements made at the probable cause hearing, the Commission finds that there is probable

cause to charge Respondent with the following violation:

Count 1:

On or about November 12, 2013, Respondent violated Section 106 07(1), Florida Statutes, when Respondent failed to file timely Equal Maniage Florida's 2013 MIO Report with the Florida Division of Elections

DONE AND ORDERED by the Florida Elections Commission on October 28, 2014.

P:/Order of Probable Cause docx (07/14) FEC Case# FEC 13-332

Page 4: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

, I

Copies famished to: Elie M Lipman, General Counsel Vanessa Brito, Respondent Division of Elections, Complainant

(

As the Respondent, you may elect to resolve this case in several ways .. First, you may elect to resolve this case by consent order where you and Commission staff agree to resolve the violation and agree to the amount of the fine The consent order is then presented to the Commission for its approval To discuss a consent order, contact the FEC attorney identified in the Order of Probable Cause

Second, you may request an informal hearing held before the Commission, if you do not dispute any material fact in the Staff Recommendation. You have 30 days from the date the Order of Probable Cause is filed with the Commission to request such a hearing The date this order was filed appears in the upper right-hand comer of the first page of the order.. At the hearing, you will have the right to make written or oral arguments to the Commission concerning the legal issues related to the violation(s) and the potential fine At the request of Respondent, the Commission will consider and determine willfolness 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 fiom the date the Order of Ptobable Cause is filed with the Commission to request such a hearing The date this order was filed appears in the upper right­hand comer of the first page of the order At the hearing, you will have the right to present evidence relevant to the violation(s) listed in this order, to cross-examine opposing witnesses, to impeach any witness, and to rebut the evidence presented against you

If you do not elect to resolve the case by consent order or request a formal hearing at the DOAH or an informal hearing before the Commission within 30 days of the date this Order of Probable Cause is filed with the Commission, the case will be sent to the Commission for a formal or informal hearing, depending on whether the facts are in dispute The date this order was filed appears in the upper right-hand comer of the first page of the order

To request a hearing, please send a written request to the Commission Clerk, Donna Ann Malphurs .. The address of the Commission Clerk is 107 W Gaines Street, Collins Building, Suite 224, Tallahassee, Florida 32399-1050 .. The telephone number is (850) 922-4539 The Clerk will provide you with a copy of Chapter 28-106, Florida Administrative Code, and other applicable rules upon request No mediation is available

P:/Order of Probable Cause docx (07/14) FEC Case# FEC 13-332

Page 5: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

In Re: Vanessa Brito

TO: Vanessa Brito 15820 Palmetto Club Drive Miami, FL 33157

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

Case No.: FEC 13-332

Division of Elections 500 S Bronough Street, Room 316 I allahassee, FL 3 23 99

NOTICE OF HEARING (PROBABLE CAUSE DETERMINATION)

A hearing will be held in this case before the Florida Elections Commission on October 28, 2014, at 8:30 am, or as soon thereafter as the parties can be heard, at the following location: Senate Office Building, Room S-110, 404 South Monroe Street, Tallahassee, FL 32399,,

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

This hearing will be conducted pursuant to Section 106 25, Florida Statutes, which governs your participation as follows:

If' you are the Respondent, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission, However, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless you request to be heard or the Commission requests that your case be considered separately on the day of the hearing, your case will not be individually heard

If' you are the Complainant, you may attend the hearing, but you will not be permitted to address the Commission, In addition, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en mas se 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 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 f'nrther instructions on the reverse side,,

JlmY :MCKeever <Toman Executive Director Florida Elections Commission October 13, 2014

Page 6: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

Please refor 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 fail me 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 (I) that the report was in fact timely filed; or (2) that there were unusual circumstances that excused the failure to file the report timely. You ar·e 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 ifthere is probable cause to believe that the Respondent committed a violation of Florida's election laws .. Respondent should be prepared to explain how the staff in its recommendation incorrectly applied the law to the facts of the case. Respondent may not testify, call other:s 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), Flo1ida Statutes; Chapter 2 8 and Commission Rule 2B- l 004, Florida Administrative Code. At the hearing, the Commission will decide whether the Respondent committed the violation(s) charged in the Order of Probable Cause The Respondent will be pe1mitted 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

Page 7: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

FLORIDA ELECTIONS COMMISSION 107 W .. Gaines Str·eet, Suite 224

Collins Building Tallahassee, Florida 32399-1050

Vanessa B1ito 15 820 Palmetto Club Drive Miami, FL 33157

(850) 922-4539

August 15, 2014

RE: Case No.: FEC 13-332; Respondent: Vanessa Brito

Dem Ms Brito:

The Florida Elections Commission at its last regulruly scheduled meeting was unable to heru this case Therefo1e, this case has been 1escheduled for its next meeting, which is scheduled fo1 Octobe1 28-29, 2014 in Tallahassee. A notice ofheruing will be mailed approximately 14 days before the heruing

If you have any questions, please contact us at the numbe1 listed above 01 at [email protected]

AMI/em cc: Division of Elections, Complainant

Aut029(12/08)

Sincerely,

/s/fl_my :Mc'l(peTJer 'Toman Executive Directo1

Page 8: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

In Re: Vanessa Brito Case No.: FEC 13-332

TO: Vanessa Biito 15820 Palmetto Club Drive Miami, FL 33157

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

NOTICE OF HEARING (PROBABLE CAUSE DETERMINATION)

A hearing will be held in this case before the Florida Elections Commission on August 5, 2014, at 11:00 am, or as soon thereafter as the parties can be heard, at the following location: Senate Office Building, Room S-110, 404 South Monroe Street, I allahassee, FL 32399,,

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

This hearing will be conducted pursuant to Section 10625, 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 Malphurs at (850) 922-4539 or by mail at 107 West Gaines Street, The Collins Building, Suite 224, Tallahassee, Florida 32 399, at least 5 days before the hearing

See further instrnctions on the reverse side

J/.11rY :MCJ(eever 'Toman Executive Director Florida Elections Commission July 16, 2014

Page 9: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

Please refor 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 fqr 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 r".ject 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 inconectly applied the law to the facts of the case Respondent may not testifY, call others to testifY, or introduce any documentary or other evidence at the probable cause hearing 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 120569 and 120.57(2), Florida Statutes; Chapter 28 and Commission Rule 2B-L004, 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.

Page 10: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

(

ST ATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

In Re: Vanessa Brito, as Chairperson and Treasurer of Equal Marriage Florida

Case No.: FEC 13-332

STAFF RECOMMENDA1ION FOLLOWING INVESTIGATION

Pursuant to Section 106 25( 4)( c ), Florida Statutes, undersigned staff counsel files this written recommendation for disposition of the refenal in this case recommending that there is probable cause to chaige Respondent with violating Section 106.07(1), Florida Statutes. Based upon a thorough review of the Report of Investigation submitted on May 19, 2014, the following facts and law support this staff recommendation:

1 On December 20, 2013, the Florida Elections Commission ("Commission") received a refenal fiom the Division of Elections ("Division"), alleging that Vanessa Brito, Chairperson and Treasurer of Equal Maniage Florida ("Respondent) violated Chapter 106, Florida Statutes.

2 By letter dated April 8, 2014, the Executive Director notified Respondent that Commission staff would investigate the following:

Section 106.07(1), Florida Statutes: Vanessa Brito, chairperson and treasurer for Equal Mairiage Florida, a political committee, failed to timely file the 2013 Ml 0 campaign treasurer's report

3. Respondent is the chairperson and treasurer for Equal Mairiage Florida ("Committee"), a political committee registered with the Division On June 26, 2013, Equal Marriage Florida filed its Appointment of Campaign Treasurer and Designation of Campaign Depository for Political Committees form ("DS-DE 6") designating Respondent as its treasurer with the Division. (ROI Exhibit 1)1

4 On June 27, 2013, the Division sent Respondent a letter acknowledging receipt of the Committee's Statement of Organization and DS-DE 6.. The letter also advised Respondent that all political committees filing reports with the Division aie required to use the electronic filing system ("EFS"), and provided Respondent with an initial PIN and password allowing her to access the EF S (ROI Exhibit 2)

5 The June 27, 2013 acknowledgment letter also informed Respondent that all of the Division's publications and reporting forms are available on the Division website, including

1 The Report of!nvestigation shall be referred to herein as the "ROI"

Staff Recommendation FEC 13 .. 332

Page 11: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

Chapte1 I 06, F!oiida Statutes, the 2012 Political Committee Handbook, and the 2013 Calendai of Reporting Dates.. Id

6 Respondent failed to file Equal Maniage Florida's 2013 MIO Repo1t on November 12, 2013, the reporting due date. (ROI Exhibit 8)

7. By letters dated November 13, 2013, and November 20, 2013, the Division sent Respondent notifications info1ming him that his 2013 MIO Report had not yet been received.2

(ROI Exhibit 3)

8. By Jette1 dated Decembe1 5, 2013, the Division sent Respondent a "Final Notice" info1ming him that Equal Maniage Flo1ida's 2013 MIO Rep01t had still not been filed The Final Notice Jetter was confomed delivered on December 9, 2013. (ROI Exhibit 4)

9. As ofJune 11, 2014, Respondent has not filed the Committee's 2013 MIO Rep01t. (Attachment A)

I 0. "Prnbable Cause" is defined as reasonable ground of suspicion suppo1ted by circumstances sufficiently st1 ong to warrant a cautious pe1 son in the belief that the pe1 son has committed the offense chaiged.. Schmitt v. State, 590 So 2d 404, 409 (Fla 1991) Probable cause exists whe1e the facts and circumstances, of which an [investigato1] has reasonably trnstwo1thy info1mation, are sufficient in themselves for a 1easonable man to 1each the conclusion that an offense has been committed Department of Highway Safety and Motor Vehicles v. Favino, 667 So 2d 305, 309 (Fla. I st DCA 1995)

11 The facts above show that Respondent is the Chairpe1son and T1easurer of Equal Marriage FJ01ida, a Florida political committee Respondent failed to timely file the Committee's 2013 MIO Report on Novembe1 12, 2013. Despite the Division sending Respondent wiitten notices dated Novembe1 13, 2013, November 20, 2013, and a Final Notice dated Decembe1 5, 2013, that it had not received the Committee's 2013 MIO Repo1t, as of June 11, 2014, Respondent has failed to file Equal Marriage Florida's 2013 MIO Rep01t with the Division

Based upon these facts and circumstances, I 1ecommend that the Commission find prnbable cause to cha1ge Respondent with violating the following:

Count 1:

On or about November 12, 2013, Respondent violated Section 106 07(1), F101ida Statutes, when Respondent failed to file timely Equal Marriage Florida's 2013 MIO Report with the Floiida Division of Elections

2 All written notices from the Division to the Respondent were sent to the addresses provided on the Committee's DS-DE 6 form (ROI Exhibits 1, 2, 3, and 4)

Staff Recommendation FEC 13-332 2 -----~--- ~-- -- -~- ~------ ---- -- - ----- - - ----- - --- -- - ---~--- ----~ -----------

Page 12: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

(

Respectfully submitted on June~, 2014,

Eric Lipman General Counsel

I reviewed this Staff Recommendation this \l'tlaay of June 2014

Staff Recommendation FEC 13-332 3

Page 13: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

FEC - Candidate/Committee ~~'' 1g Histo1y Repo1t ,. I

Page 1 of 1

~7.· •. com Florida Department of State - Division of Elections

. # \) search 1 directory 1 contact us 1 411 1 subscribe 1 tour 1 help

Florida Election System Reports Candidate/Co1n1nittee Looki1p Pol Action Comm Equal Marriage Florida ---·---· -----·-·--··--··- Name: Narne:

Account: 60477 Election:

Days Fine Amount Amount --· ... --------·--·-·-··-----· --· .. ·--·------- Date Due Type Date Filed Status Appealed ~ Late Assessed Fined Paid

Acct: 60477 6/10/2014 MS SNT 0 $0 00 $0 00 $000

·- ··--·-"-·-·--· -·-·· 5/12/2014 M4 SNT 0 $0 00 $0.00 $0.00 Type· Pol Action Comm ~ 4/10/2014 M3 FEC 0 $0 00 $0 00 $000

3/10/2014 M2 FEC 0 $0 00 $0 00 $000 \1earch:.J [Reset) 2/10/2014 M1 FEC 0 $0 00 $0 00 $000

1/10/2014 M12 FEC 0 $0 00 $0 00 $0.00 12/10/2013 M11 FEC 0 $0 00 $0.00 $000 11/12/2013 M10 FEC 0 $0 00 $0.00 $000 10/10/2013 03 11/13/2013 CLO 34 $0.00 $0 00 $000 7/10/2013 02 7/30/2013 CLO 20 $0 00 $0.00 $0.00

-·--https:f/doesecure-dos-statecfhus/.FEG/FilingHistoi:y-Asp'?AcctNum=60A7J&choEle.ciion=& .. _6LUL2_0JA _____ _

Page 14: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

(-'

FLORIDA ELECTIONS COMMISSION REPORT OF INVESTIGATION

Case No.: FEC 13-332

Respondent: Vanessa Brito Counsel for Respondent: None

Complainant: Division of Elections Counsel for Complainant: None

Pursuant to Section 106.25, Florida Statutes, on Decembe1 20, 2013, the Floiida Elections Commission received info1mation fiom the Division of Elections that Respondent violated Chapter 106, Flo1ida Statutes The Division's refeiral was mandated pursuant to Section 106.07(8)(d), Floiida Statutes Commission staff, therefore, investigated whether Respondent violated the following statute:

Section 106.07(1 ), Floiida Statutes, failure of the treasure! of a political committee to file timely regular repo1ts of all contributions received, and all expenditures made, by or on behalf of the committee

I. Preliminary Information:

1. Respondent is the treasure1 for Equal Maniage Flo1ida, a political committee cuuently 1egistered with the Division of Elections

2. Complainant is the Division of Elections ..

3.. Respondent's filing officer is Kristi Reid-Bronson, Chief, Bureau of Election Records.

II. Alleged Violation of Section 106 .. 07(1), Florida Statutes:

4. I investigated whethe1 Respondent violated this section of election laws by failing to file the committee's 2013 MIO Report afte1 receiving notice that the repo1t was due.

5.. On June 26, 2013, Equal Ma11iage Floiida (committee) filed an Appointment of Campaign Treasurer and Designation of Campaign Depository for Political Committees (DS-DE 6) fo1m with the Division of Elections, appointing Respondent treasurer of the committee To view a copy of the DS-DE 6 form, please refor to Exhibit L

6 On June 27, 2013, Ms Brnnson sent Respondent a lette1 acknowledging the committee had been placed on the active committee list 1 The lette1 advised Respondent that all

1 Respondent is also the committee's chair.

Inv002 (7/08) 1

-·-·----·----·---·-----

Page 15: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

committees filing reports with the Division are required to use the electronic filing system (EFS), and provided Respondent with her user identification number and initial password allowing her access to the EFS

7 The letter also advised Respondent that all of the Division's publications and reporting forms are available on their website, including Chapter 106, Florida Statutes, the Political Committee Handbook, and the Calendar of Reporting Dates The letter further advised Respondent that it was her responsibility to read, understand, and follow the requirements of Florida's election laws To view a copy of the acknowledgement letter, please refer to Exhibit 2

8 The Division sent Respondent a letter· dated November 13, 2013, informing her that the committee's report due November 12, 2013 (2013 MIO Report) had not been received; a second failure-to-file letter dated November 20, 2013, was mailed to Respondent Both letters were mailed to Respondent at the address provided on the committee's DS-DE 6 form (Exhibit 1). To view copies of the letters, please refer to Exhibit 3

9 On December 5, 2013, the Division sent Respondent a letter marked "Final Notice" stating that the committee's 2013 MIO Report had not been filed Copies of the failure­to-file letters previously provided as Exhibit 3 were included with the Final Notice.. The Final Notice was mailed to Respondent at the address provided on the committee's DS-DE 6 form (Exhibit 1) and was delivered on December 9, 2013 To view copies of the Final Notice, without attachments, and the delivery confirmation, please refer to Exhibit 4

10. On January 3, 2014, the Commission sent Respondent a letter via certified mail informing her that it received a refeIIal from the Division alleging Respondent failed to file the committee's 2013 MIO Report. The letter advised Respondent she had 14 days to respond to the allegation in the refenal and was delivered to Respondent on January 8, 2014 .. Respondent did not provide a response to the refenal To view a copy of the Commission's January 3, 2014 letter, please refer to Exhibit 5.

11. On April 8, 2014, the Commission sent Respondent a letter informing her that the Division's referral was found to be legally sufficient and the Commission would be investigating Respondent's alleged failure to file the committee's 2013 MIO Report The letter advised Respondent she could file a notarized statement providing any information regarding the facts surrounding the allegation Respondent did not provide a notarized statement To view a copy of the Commission's April 8, 2014 letter, please refer to Exhibit 6

12.. On May 5, 2014, I sent Respondent an affidavit asking her to state the reason she has not filed the committee's 2013 MIO Report As of the date of this report, Respondent has not returned the affidavit, and the affidavit has not been returned by the post office To view a copy of the affidavit, please refer to Exhibit 7.

13 On May 5 and May 14, 2014, I left voicemail messages asking Ms Brito to return my call so that she may have an opportunity to respond to the allegations in the Division's referral. As of the date of this report, Ms .. Brito has not returned my calls

14 The committee's filing history reflects that as of the date of this report, their 2013 Ml 0 Report remains un-filed To view a copy of the committee's filing history, please refer to

Jnv002 (7/08) 2

Page 16: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

' I ( '-

Exhibit 8 ..

15 No record of Respondent having previously violated this section of law was found

III. FEC History:

16 Although Respondent has not had any prior cases before the Commission, there are currently two additional cases pending before the Commission - FEC 14-035 and FEC 14-054 - for Respondent's alleged failure to file the committee's 2013 Ml 1 and 2013 Ml2 reports, respectively.

Conclusion:

17 Because Ms Brito has not returned my telephone calls or an affidavit, I am unable to ascertain whether she has read Chapter 106, Florida Statutes, and/or the Political Committee Handbook

Ms. Vanessa Brito, Chair Equal Maniage Florida 15820 Palmetto Club Drive Miami, FL 33157

Name and Address ofFiliI1g.Office1:

Ms Kristi Reid-Bronson, Chief Bureau of Election Records 500 South Bronough Street Tallahassee, FL 32399

Copy furnished to:

Mr .. David Flagg, Investigations Manager

Inv002 (7/08)

Respectfully submitted on May 19, 2014,

Tracie Aulet Investigation Specialist

3

Division of Elections 500 South Bronough Street Tallahassee, FL 32399

Page 17: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

I I I

'

FLORIDA ELECTIONS COMMISSION REPORT OF INVESlIGATION

Vanessa Brito -- FEC 13-332

I '1~~ f11 . I~ ~/ <~ Ii . ''ti__ ~ -;>!:-"',, - .:f,( - };~~:_: - -~~--- -- ---:--i ~ .. • ~~.; I t l' LIST'QREXHIBI'IJSt.· . ··.~ <; -'.t" 'ii~k~'' . "--_: -~/ -;':!!;;;

Exhibits #s Description of Exhibits

Exhibit 1 DS-DE 6 form filed 6/26/13

Exhibit 2 Acknowledgement latter dated 6/27 /13

Exhibit 3 Failure to file letters dated 11/13 & 11/20/13

Exhibit 4 Final notice w/delivery confirmation dated 12/5/13

Exhibit 5 14 day Jetter to Respondent dated 1/3/14

Exhibit 6 Letter oflegal sufficiency to Respondent dated 4/8/14

Exhibit 7 Letter to Respondent requesting affidavit dated 5/5/14

Exhibit 8 Filing history

Inv004 (5/08)

xJ ·. ··~·.·· ... I ·,.·.

Page 18: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN

DEPOSITORY FOR POLITICAL COMMITIEES

(Sections 106 .. 011(1) and 106.021(1), F S.)

/ !

: I "

i ,)~ ~ T .•. ' . ... :·\ J t

2013 -IUll 26 .ti~ 9 .. 9 h•• . 4

CHECK APPROPRIATE BOX: OFFICE USE ONLY

~ Original Appointment of Treasurer 0 Reappointment of Treasurer D Deputy Treasurer

1 Committee or Organization 2 Telephone

€ QIAA~ _ MA rtfliA ~e ft.-o,iJ>li (f~) .(lf7_-,o~-· . Telephone (optional) 3. Name of Treasurer or Deputy Treasurer 4 Email (optional)

~6~~~~~~u~~:~:s~~ess~A_,,...~~~~~o~~VA~N~ESSA.~~f.=.l..l!!!<!:!~FR~(~~=-l~gt~!.'f0~ I ..S-B 2 a_ 1PifAYl~+;.o_c_kJ:i____,,q:>F-r._._· ,;;r-' ~M~'~-''-1-) ~tl __ l~3_11.-~:f~-----1

7 Street Address

5-._,_e, ~~ ~ ~ 1---=--=---''----'-----=------------------·----------·--1 8 .. The following bank has been designated as the ~ Primary Depository D Secondary Depository

... 9 Name of Bank 1 O Street Address Mi 4 ~ j

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14~01 s. 'Di'll;e .j.\w~. 33l.::f.(. ---1 .Wills t:'o..v-~o.

11 .. City 12 State 13 .. Zip Code

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~ Camoaian Tre~surer's Acceotance of Aooointment

l ANSf?,A J?e.~f-o . . ·-- ,doherebyaccepttheappointmentas ~ (Please Print or Type)

treasurer or deputy treasurer for

CYUIA,..,IT,.__ __ ,

Page 19: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

RICK SCOTT Govern OT

June 27 .. 2013

Ms. Vanessa Brito, Chairperson Equal Maniage florida 15820 Palmetto Club Drive Miami, Florida 33157

Dear Ms. Brito:

KENDETZNER Secretary of State

This Vvill acknowledge receipt of the Statement of Organization and Appointment of Campaign 1 reasure1 and Designation of Campaign Depository for Equal Marriage Florida, which were placed on file in our office on June 26, 2013 This information appears to comply with the requirements of Section I 06 03, Florida Statutes, and the name of this organization has been placed on our active committee list as a political committee that supports issues.

Campaign Treasurnr"s Reports

Your first campaign treasurer's report will be due on July 10, 2013 The report will cover the period of April I, 2013 - June 30, 2013 All political committees that tile repons with the Division of Elections are required to file by means of the Division's Electronic Filing System (EFS)

.Credentials and Sign-on~

Below is the \:\Cb address to access the EFS and the committ~e's user identification number The enclosed sealed envelope contains the cornmittee"s initial password Once you ha>e logged in using the initial password .. you will he immediately prompted to change it to a conlidential sign­on The chairperson .. campaign treasu1cr.. and deputy treasu1crs aie responsible for protecting this password from disclosure and are responsible for all filings using these credentials, unless the Division is notified that your credentials have been compromised

EFS Website Address: https://efa.dos state. flus Identification Number: 60477

EXHIBIT ~ ~·. I of 3 Division of Elections

R.A Gray Bldg . ., Rm. 316 • 500 S Bionough St .. •Tallahassee, FloI'ida 32399-0250 ,-"!]l

Telephone: (850) 245-6200 • Facsimile: (850) 245··6217 elections .. myflorida .. com eommemoI'ating-500-years-of-Fiorida-history-. -wwwAlaSOO..com.-----1111rnrnDJrrn;rr,,-

Page 20: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

Ms. Vanessa Brito, Chairperson June 27 . .2013 Page Two

Pin Numbers

I '

Pin numbers are confidential secure credentials that allow you to submit reports and update information The enclosed sealed envelope provides a confidential pin number for the chairpason By copy of this letter, a confidential pin number to access the FFS was sent to the treasurer.

Each political committee chairperson is required to provide the Division of Elections with confidential pe1sonal information that may be used to allow access in the event that the password is forgotten or lost When you enter the campaign account screen, there will be a drop down box wbere) ou pick a question (such as What is your morher '\maiden name?) and supply an answer. All passwords and answers to questions are stored as encrypted data and cannot be viewed by Division staff and given out over the phone Please notify the Division if your credentials have been compromised

l imely Filing

All reports must be completed and filed through the EFS no later than midnight, Eastern Standard Time, of the due date Reports not filed by midnight of the due date are late filed and subject to the penalties in Section 106.07(8), Florida Statutes in the event that the EFS is inoperable on the due date, the repor1 will be accepted as timely filed if filed no later than midnight, Eastern Standard Time, of the first business day the EFS becomes operable.. No fine will be levied during the period the EFS was inoperable.

An] political committee failing to tile a report on the designated due date is suqject to a fine of $50 per day for the first 3 days and, thereafter, $500 per day for each day, not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report. However .. for the reports immediately preceding each primary and general election .. the fine shall be $500 per day, not to exceed 25% of the total receipts or expenditures .. whi\:hever is greater, for the period covered b> the late rcpon

Electronic Receipts

The person submitting the report on the FF S will be issued an electronic receipt indicating and verif) ing the report was filed. Each campaign treasurer's rep on filed by means of the EF S is ronsidered to be under oath by the chairperson and campaign treasurer and such persons are subject to the prcivisions of Section l 06 .. 07(5), Florida Statutes

EXHIBIT 2 \?~ . 1o~ 3

Page 21: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

' I

Ms Vanessa Brito .. Chairperson June 27, 2013 Page Three

.Instructions and AssistanC£

An on line instruction guide is available 1.0 you on the EF S to assist with navigation, data entry. and submission of reports The Division of Elections will also provide assistance to all users by contacting the EFS Help Desk at (850) 245-6280

All of the Division's publications and r·eporting forms are available on the Division of Elections' website at http://e]ections.myflorida.com. It is your responsibility to r·ead, understand, and follow the requirements of Florida's election laws. Therefore, please print a copy of the following documents: Chapter 106, Florida Statutes, 2012 Political Committee Handbook, 2013 Calendar of Reporting Dates, and Rule IS-2.017, Florida Administrative Code.

Please kt me know if you need additional information

Sincerely,

t . ·: (~ ~ 11 ') 0 . 1:),lthA.)tu l:ul\;UcVgr~atJY\1tA_,

.X.\i' '-Kristi Reid Bronson, Chief (j Bureau of Election Records

KRB/Jjr

Enclosures

EXHIBIT 2 ?~ · 3 ot 3

Page 22: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

November 13, 2013

Vanessa Brito, lreasure1 Equal Marriage Florida l 5820 Palmetto Club Drive Miami, FL 3315/.-3157

Re: PAC 604 77

Dear Ms Brito:

I /

·.

FLORJDA DEPARTMENT OF STATE Ken Detzner

Secretary of State

DIVISION OF ELECTIONS

Your campaign treasurei's report, which was due November l 2, 2013, has not been received.

Section l 06.01(8)(b ), Florida Statutes, requires that the filing office1 immediately notify you of the failure to file this report and that a fine will be assessed of $50 per day for the first 3 days late and, thereafte1 $500 per day, although a fine cannot exceed 25% of the total receipts 01 expenditures, whichever is greater, for the period covered by the late report. However, for the reports immediately preceding each primary and general election, the fine shall be $500 per day for each late day, not to exceed 25% of the total receipts or expenditu1es, whichever is greater, for the period coveted by the late report

Once your report is filed, this office will notify you of the specific amount of your fine. Fines must be paid to the filing officer within JO days of receipt of the payment due notice

Please be advised, however, that failure to file a campaign treasurer's repoit may constitute a violation of Chapter 106, Florida Statutes, independent of the automatic fine violation referenced above Therefore, if you fail to file a report the division will tutn the mane• ove1 to the Florida Elections Commission

Section l 06265(1 ), Florida Statutes, authorizes the Florida Elections Commission to impose a civil penalty up to $1,000 peicount for each willfol violation of Chapter 106

If you have any questions, please contact the help desk at (850) 245-6280

Sincerely,

Kristi Reid Bronson, Chief Bureau of Election Records

Page 23: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

FLORIDA DEPARTMENT OF STATE Ken Detmer·

Second Notice

November 20, 2013

Vanessa Brito, Treasurer Equal Mruriage Florida 15820 Palmetto Club Drive Miami, FL 33157.3157

Re: PAC 60477

Dear Ms. Brito:

Secreta•> of State

DIVISION OF ELECTIONS

Your campaign treasurer's report, due November 12, 2013, has not been received

Section 106 07(8)(b), Florida Statutes, requires that the filing officer immediately notify you of the failure to file a report ..

The first notice of the failure to file the above mentioned report was mailed, via regular mail, to the address on file with ou1 office ort November 13, 2013. As of this date, we do not show a record of receiving this report.

lf the report is not filed via the Division's electronic filing system within 14 days of receipt of this notice, this matter will be reforred to the Florida Elections Commission for forther action Section 106.265(1 ), Florida Statutes, authorizes the Florida Elections Commission, upon finding a willfUJ violation of Chapter I 06, Florida Statutes, to impose a civil penalty up to$ l ,000 per count

!fyou have any questions, please contact the help desk at (850) 245-6280.

Sincerely,

~ ;t-<~~~.0!'=±3---Kristi Reid Bronson, Chief Bureau of Election Records

EXHIBIT 3 ~. 2 of 2-

The RA Gray Building-Room 3 l 6 • 500 South Bronough Street o Tallahassee FL 32399-0250 • (850) 245 .. 6240

Page 24: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

__ .... l..t

RICK SCOTT Governor

,/.

FINAL NOTICE Delivery Confirmation:

December 5, 2013

Vanessa Brito, Treasurer for Equal Marriage Florida (60477) 15820 Palmetto Club Drive Miami, Florida 3'3157

Dear Ms Brito:

USPS TRACKING 'I & CUSTOMER RECEIP'r

9114 9010 7574 2751 2911 99 For Tracking or mquine~ qo to USPS com or e<ill J .. SOQ .. '222-1811

KENDETZNER Secretary of State

According to a review of the Division's records, the organization referenced above has not filed the following report:

Xm 2013

Report

MIO

Cover Period

I 010 I /20 l'.l - I0/31120 l '.l

The organization has previously been notified of the report that is outstanding Enclosed are copies of letters sent by the Division. If the report is not filed within 7 days of receipt of. this letter, the Division will forward this matter to the Florida Elections Commission for further action. Section l 06265(1 ), Florida Statutes, authorizes the Florida Elections Commission to impose civil penalties of up to $1,000 per violation

If you have any questions, please call the Help Line at (850) 245-6240

Kristi Reid Bronson Chief Bureau of Election Records

KRB/ela

Enelosure

EXHIBIT 4 ?j, \ o~ 2.

R.. A, Gray Building • 500 South Bi·onough Street • Tallahassee, Flodda 32399-0250 Telephone: (850) 245··6240 • Facsimile: (850) 245-6259 www,dos .. state .. fLus

----~---- Commemo.r:a.tfag_5_QO_y_<l.<:IJ::S_oLElorida history www .. fla500.com •PIUI rlllftll\I l"t

Page 25: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

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Tracking Number: 91149010757 42751291199

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December 9, 2013 , Delivered 2:13 pm

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MIAMI, FL 33157

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EXHIBIT 4 ~. J.DfZ-~t1t""1"-ff~n:~-r.-omf!'.>'o/lra:ckeonfirnrA:ctiorr.action'?tRef=ful-lpage&tbe=-.... -l-2-/-l-1/-20-l~-······--

Page 26: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

(

FLORIDA ELECTIONS COMMISSION 107 W. Gaines Street,

Suite 224 Collins Building Tallahassee, Florida .32399-1050

Telephone: (850) 922-4539 Fax: (850) 921-0783

January 3, 2014

CERTIFIED MAIL 7005 1820 0007 9805 4404

Vanessa Btito 15820 Palmetto Club Dtive Miami, FL 33157

RE: Case No.: FEC 13-.3.32; Respondent: Vanessa Brito

Deru Ms .. Brito:

On December 20, 2013, the Florida Elections Commission received the enclosed complaint alleging that you violated Flotida's election laws Section 10625(2), Florida Statutes states:

The 1espondent shall have 14 days after receipt of the complaint to file an initial response, and the executive director may not dete1mine 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 ensme that I receive yom response in a timely manner, 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 Jetter. Therefore, if your address changes, you must notify us of your new address.

Under section 106.25, Florida Statutes, complaints, Commission investigations, investigative repmts, and other docmnents relating to an alleged violation of Chaptets 104 and 106, Florida 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 Howevet, it does apply to you, the Respondent, unless you waive confidentiality in writing.

EXHIBIT 5 ~. I o{:3

Page 27: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

The confidentiality p1ovision does not preclude you from seeking legal counsel However, if you retain counsel, yom attorney must file a notice of appearance with the Commission befo1e any member of the Commission staff can discuss this case with him or her

Since1ely,

Erin Riley Deputy Agency Clerk

/em Enclosme: Complaint w/attachments

EXHIBIT 5 \?~ · 2Df3

Page 28: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

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Page 29: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

Vanessa B1ito

FLORIDA ELECTIONS COMMllSSllON 107 W. Gaines Street,

Suite 224 Coliins Building Tallahassee, Florida 32399-1050

Telephone: (850) 922-4539 Fax: (850) 921-0783

Ap1il 8, 2014

15820 Palmetto Club D1ive Miami, FL 33157

RE: Case No.: FEC 1.3-332; Respondent: Vanessa Brito

Dem Ms Brito:

On December 20, 2013, the Flo1ida Elections Commission received a complaint alleging that you violated Florida's election Jaws I have reviewed the complaint and find that it contains one or more legally sufficient allegations. The Commission staff will investigate the following alleged violation:

Section 106..1)7(1), Florida StatUJ1tes: Vanessa B1ito, chaiipe1son and treasure1 fo1 Equal Mru1iage F101ida, a political committee, failed to timely file the 2013 Ml 0 campaign treasure1's repo1t

You may respond to the allegation above by filing a notruized statement p1oviding any information 1egruding the facts and circumstances surrounding the allegation Your response will be included as an attachment to the investigato1's report

When we conclude the investigation, a copy of the Repo1t of Investigation will be mailed to you at the above add1 ess You may file a response to the repo1t 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 p1obable cause to believe you have violated Chapter l 04 01 l 06, Florida Statutes A copy of the Staff Recommendation will be mailed to you and you may file a response within 14 days from the date the 1ecommendation is mailed to you Yom timely filed 1esponse(s) will be conside1ed by the Commission when determining probable cause

The Commission will then hold a heruing to dete1mine whether there is prnbable cause to believe you have violated Chapters l 04 or l 06, Florida Statutes You and the complainant will receive a notice of hearing at least 14 days bef01e the hearing The notice of heruing will indicate the location, date, and time of yom heruing You will have the oppo1tunity to make a brief ma! statement to the Commission, but you will not be permitted to testify or call others to testify, or int1oduce any documentruy or other evidence

EXHIBIT

---,eom01-1-00107-)------------

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At any time before a probable cause finding, you may notify us in writing that you want to enter into negotiations directed towards reaching a settlement via consent agreement

The Report of Investigation, Staff Recommendation, and Notice of Hearing will be mailed to the above address as this letter .. Therefo1:e, if your address changes, you must notify this office of yom new address., Otherwise, you may not receive these important documents. Failure to receive the documents 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, are confidential until the Commission finds probable cause 01 no probable cause The confidentiality provision does not apply to the person filing the complaint. However, it does apply to you 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.

If you have any questions or need additional information, please contact Tracie Aulet, the investigator assigned to this case

AMT/em

EXHIBIT ~ PJ · 7.. o~ '-

---~ComOI I (8/08)

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FLORIDA ELECTIONS COMMJ!SSXON 'fhe Collins Building

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

(850) 922-4539

Ms Vanessa Brito, Chair Equal Marriage Florida 15820 Palmetto Club Drive Miami, FL 33157

May 5, 2014

RE: Case No.: FEC 13-332; 14-035; 14-054

Dear Ms .. Brito:

The Florida Elections Commission needs additional information concerning the referrals filed against you with the Commission Therefore, please complete the attached questionnaire, have it notarized, and return it to me by May 19, 2014

Section 106 26, Florida Statutes, provides the Commission with the power to subpoena witnesses and documents However, your cooperation in responding to these questions will eliminate the need to subpoena you for deposition at this time

Thank you for your cooperation in this matter Please let me know if you have any questions. My extension number is 114.

Sincerely,

Tracie Aulet Investigation Specialist

Enclosure: Affidavit of Background Information

EXHIBIT q._ pj . ( o,f4

------JnvOH-({;/0&)------

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' 1.

AFFIJ[JIAVIT OF BACKGROlJN][JI INFORMATION Case Numben: FEC l'.3.-332; 14-·035; 14-054

STATE OF JFLOJRIJ[JIA County of _______ _

Vanessa Brito, being duly sworn., 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 Have you ever run for public office? If so, please name the office(s) you ran for and the date(s) of the election(s) you ran in

4 Have you ever been appointed to act as a campaign 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)

5 Have you ever held the office of chairperson, treasurer, board member, or other similar position 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, treasurer, board member, 01 other similar· position for a committee of continuous existence? (Committee of continuous existence is defined in Section 106.04, Florida Statutes) If so, please list the name and addresses of the committees and dates when you held the position

EXHIBIT 1- 0j . '.i-oH-

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7 Have you ever prepared or signed a campaign treasurer's report? If so, please list the name of the candidate or committee whose report you prepared or signed

8 What action have you taken to determine your responsibilities under Florida's election laws?

9 Do you possess a copy of Chapter 106, Florida Statutes? 0 Yes 0 No

10 If so, when did you first obtain it?

11 Have you read Chapter 106, Florida Statutes? 0 Yes 0No

12 Do you possess a copy of Chapter 104, Florida Statutes? 0 Yes D No

13 If so, when did you first obtain it? .

14 Have you read Chapter I 04, Florida Statutes? 0 Yes 0 No

15 Do you possess a copy of the Political Committee Handbook!! 0 Yes D No

16 If so, when did you first obtain it?

17 Have you read the Political Committee Handbook? 0 Yes 0 No

18 List any additional materials you received from the Division of Elections

19 Did you receive notice from the Division of Elections stating that the Division had not received your reports due November 12, 2013 (2013 MIO Report), December IO, 2013 (2013 Mil Report), and January 10, 2014 (2013 M12)?

D Yes 0 No

20 Please explain why you have not filed the committee's 2013 MIO, Ml I, and M12 Reports (use additional paper if necessary):

EXHIBIT 1- P'J · 3o~4 Inv040 (6/08)

---~Af~fResp-13'33.2;J3~QJ_>;J-4cc0~4_- 2

Page 34: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

I HEREBY SWEAR OR AFFIRM THAT I'HE FOREGOING INFORMAlION IS TRUE AND CORRECT IO

THE BEST OF MY KNOWLEDGE"

Signature of Affiant

Sworn to (or affinned) and subscdbed before me this day of

--------------· 2014

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

Personally Known ___ or Produced Identification ___ _

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

Case Investigator: ta

EXHIBIT

lnv040 (6/08) ______ NL1'!'<'I> 13-332; 14-035- 14-054 3

Page 35: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

FEC - Candidate/Committee1r.;1ing Hist01y Report :

search 1directory1 contact us 1411 1 subscribe I tour 1 help

Florida Department of State - Division of Elections

Florida Election System Reports Candidate/Committee Lookup Committee Name: Equal Marriage Florida

Natne: Account: 60477

Election: Date Due Type Date Filed Status Days Fine Late Assessed c-·--- J!El 511212014 M4 SNT 0 $0 00

Acct [60~77 . · 411012014 M3 SNT 0 $0 00

Type Lc~om_mittee ·--ig 311012014 M2 SNT 0 $0 00

211012014 M1 FEC 0 $0 00

tf'l.?set I 111012014 M12 FEC 0 $0 00

1211012013 M11 FEC 0 $0 00

1111212013 M10 FEC 0 $0 00

1011012013 03 1111312013 CLO 34 $0 00

711012013 02 713012013 CLO 20 $0 00

EXHIBIT ____ _

Page I of I

Appealed Amount Amount Fined Paid

$0 00 $000

$0 00 $0 00

$0 00 $0 00

$0 00 $0.00

$0 00 $0 00

$0 00 $0.00

$0 00 $0.00

$0 00 $0.00

$0 00 $000

https://doesecure .dos .stateJlus/foc/FilingHistory . .Asp? AcctNum=604 77 &cboE!ection=&c . 5/16/2014

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Vanessa Brito

FLORIDA ELECTIONS COMMISSION 107 W. Gaines Street,

Suite 224 Collins Building Tallahassee, Florida 32399-1050

Telephone: (850) 922-4539 Fax: (850) 921-0783

April 8, 2014

15 820 Palmetto Club Drive Miami, FL 33157

RE: Case No.: FEC 13-332; Respondent: Vanessa Brito

Dear Ms Brito:

On December 20, 2013, the Florida Elections Commission received a complaint alleging that you violated Florida's election laws I have reviewed the complaint and find that it contains one or mme legally sufficient allegations The Commission staff will investigate the following alleged violation:

Section 106 .. 07(1), Florida Statutes: Vanessa Brito, chairperson and treasurer fot Equal Marriage Florida, a political committee, failed to timely file the 2013 M 10 campaign treasurer's report

You may respond to the allegation above by filing a notarized statement providing any information regarding the facts and circumstances surrounding the allegation Your response will be included as an attachment to the investigator's report

When we conclude the investigation, a copy of the Report of Investigation will be mailed to you at the above address You may file a response to the report within 14 days from the date the repmt 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 A copy of the Staff Recommendation will be mailed to you and you may file a response within 14 days from the date the recommendation is mailed to you Your timely filed response(s) will be considered by the Commission when determining probable cause

The Commission will then hold a heaiing to determine whether there is probable cause to believe you have violated Chapters 104 or 106, Florida Statutes You and the complainant will receive a notice of heaiing at least 14 days before the heaiing 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

ComOI I (10/07)

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' I

At any time before a ptobable cause finding, you may notify us in writing that you want to enter into negotiations directed towaids teaching a settlement via consent agreement

The Report of Investigation, Staff Recommendation, and Notice of Hearing will be mailed to the above address as this letter. Therefore, if your address changes, you must notify this office of your new address. Otherwise, you may not receive these important documents. Failure to receive the documents will not delay the probable cause hearing ..

Under section 106 25, Flo1ida Statutes, complaints, Commission investigations, investigative reports, and othet documents relating to an alleged violation of Chapters 104 and 106, Fl01ida Statutes, ate 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 unless you waive confidentiality in writing The confidentiality provision does not preclude you ft om seeking legal counsel However, if you ietain counsel, your attorney must file a notice of appeaiance with the Commission before any member of the Commission staff can discuss this case with him 01 her

If you have any questions or need additional info1mation, please contact Tracie Aulet, the investigator assigned to this case.

AMT/em

Como 11 (8/08)

/I ::t ;{NL--Amy McK e er Toman Executive Duect01

Page 38: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

DIVISION OF ELECTIONS FEC REFERRAL FORM

To FEC from Division of Elections .

Name: Equal Marriage Florida

Account Number: 60477

Chairperson: Vanessa Brito

Treasurer: Vanessa Brito

Registered Agent: Heather Gray

( t)-33 2.

HECEJV'El'5

1013 OEC 2 0 P ll: ~~, STATE 6f€t6R1ol>. ____________ _..,, __ ----------~-------

N

The Division of Elections is referring this issue to the Florida Elections Commission pursuant to Section 106 .. 25, Florida Statutes.. Section 106.07(8)(d) Florida Statutes, requires the filing officer to notify the FEC of a political committees alleged failure to file reports as set forth in the notification

The following report is outstanding after notification:

2013 M10 Campaign Treasurer's Report

Sent By: Kristi Reid Bronson tf/JJ Date: December 19, 2013

0000 ... 1

-----·--------

Page 39: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

STATE OF FLORIDA

Couuty of Leon

AFFIDAVIT

Kristi Reid Bronson, being duly sworn, says:

/ I

1. I am the Chief of the Bureau of Election Records of the Division of Elections (Division}. In that capacity, I oversee the Division's duties related to the filing of campaign finance reports.

2 This affidavit is made upon my personal knowledge, including infotmation obtained from review of the attached records, of which I am the custodian.

3 I am of legal age and competent to testify to the matters stated herein

4. Equal Marriage Florida (60477) is a political committee registe1ed with the Division On June 26, 2013, Vanessa B1ito filed the DSDE 5 and 6 with the Division of Elections indicating that she was the chaitpeison and the treasure1 for the committee (See attached documents and acknowledgment lette1 )

5 The 2013 MIO campaign treasure1's repo1t was due on November 12, 2013 At the time the 1ep01t was due, Ms Brito was the treasurer

6. On November 13, 2013, the Division mailed Ms Brito a notification that the 2013 MIO campaign treasme1's repmt had not been filed (See attached letter)

7. On November 20, 2013, the Division mailed Ms Brito a notification that the 2013 MIO campaign t1easme1's repo1t had not been filed (See attached letter}.

8 On December 5, 2013, the Division mailed Ms Brito a final notification with delivery confitmation that the 2013 MI 0 repoit had not been filed (See attached lette1 with delivery confirmation)

9 As of December 19, 2013, Ms .. B1ito has failed to file the 2013MIO1ep01t

INV035 (5100)

Page 40: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

I '·

I hereby swear or· affirm that the foregoing information is true and conect to the best of my knowledge.

~ , .. /G~~± Sigllafui"e of Affiant

Sworn to (or affirmed) and subscribed before me this 19•• ofDecem r, 20

P · e, or Stamp Commissioned Na e of Notary Public • /

Personally Known _V JOELMYNARD

• MY COMMISSION# OD 962588 l EXPIRES: May 16, 2014 ~ Bonded Thru Notary Public Underwriters

000003 INV035 (5/00)

Page 41: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

, I

.. '., ' . ' ' .

OFFl~jONLY.,. ,)-'; STATEMENT OF ORGANIZATION 't!!12 ' '/,j/ I

OF POLITICAL COMMITTEE . . 6 4/t . , 'I () ... ! ,. 1/8

I I /'';. ' .!..,/ :

(PL.EASE TYPE) •/J, .. .•· . , '' '".: ... ~ ':·;,,'.1 ! /(":~,

<...(' •·• ·; \ -. ''l • ·1 .. Full Name of Committee Telephone

£qu/\ I- M Pl f!.?-i I\ GE. ~ Lt:(i!.il>A 1'8~ -i:;~":;-S'og~ Mailing Address (include city, state and zip code) I

15"9 z.o !p A {..."'1 e ./-J.o C /.MJ:, ]>r. /11 I ~ '1'I 1'

1 ~(.. '3'31r~ -

Street Address (inclucte city, state and zip code)

'$ At-'\G- f\S p. eove: 2. Affiliated or Connected Organizations (includes other committees of continuous existence and political ' committee:;i) -

Name of Affiliated or Connected Organization Mailing Address Relationship

·- " .. -

NIA NIA NIA

3. Area, Scope and Jurisdiction of the Committee

Co!\Sti .j. IA.+iol'\o.J AMt.Mf\\e.Y\ + Tn\4i o.1-~ve-4. Nature of Organization or Organization's Special Interest (e .. g .. , medical, legal, education, etc .. )

M-A~~iA, r;" ft (yl.A.A 1--i-ry ; f~~!>OM oF ~e-ii&i-orJ 5 .. Identify by Name, Address and Position, the Custodian of Books and Accounts (include treasurer's name)

. ·- . Full Name Mailing Address Committee Title or Position

- .. -VANf;SSI>. :Bei~o I sez.o PAIMe.f~o C~br. C\'\.P.\~ I ·~~fl.

1--liO..W\ii fc... 331s:;z

OS·DE 5 (Rev .. 05/06) 000004 (continued on reverse side)

Page 42: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

/ :

6 .. List by Name, Address and Position, Other Principal Officers, Including Officers and Members of the Finance Committee, If Any (include chairman's name) ..

Full Name Mailing Address Committee Title or Position

N/A. tJ /4 "'/A 7 .. List by Name, Address, Office Sought and Party Affiliation Each Candidate or Other Individual that this

Committee is Supporting (if none, please indicate) .. ' - ... Full Name Mailing Address Office Sought Party .. -

NIA N~ ~fA ~/A 8. List Any Issues this Committee Is Supporting: Mfl)~A 4:. E" e:9LMt i,iTy· ~E.Li GJ\QV. S

List Any Issues this Committee is Opposing: ,.. /A / f 12-e€l'>O~

9. If this Committee is Supporting the Entire Ticket of a Party, Give Name of Party

t\) Jt.. 10. In the Event of Dissolution, What Disposition will be Made of Residual Funds'?

c~~R.iTf\ .SL.G" c. o NTl2 l B<.A T; oJ 11.. List all Banks, Safety Deposit Boxes, or Other· Depositories Used for Committee Funds .. "'

Name of Bank or Depository & Account Number Mailing Address -We'LL.S ~l\R~ c P·l"S 01 s. 'PiXi~ ~wy.

fll\iAMI yi,.. 331:;~ , . 12. List all Reports Required to be Filed by this Committee with Federal Officials and the Names, Addresses

and Positions of Such Officials, If Any ·--

Report Title Dates Required to be Filed Name & Position of Official Mailing Address

N/A N {A ,., I A. ~/A

STATE OF 'f ~o iz. \~A. ··- M\t\~t-_:t>~M COUNTY

I, VA N6Ss.A 15~\Jo , certify that the informalion in this Statement of

Organization i~, true and correct

x l ·/ ----·----. -

~ -- __ ... D e .... t.{;igl'fature of Chairman of Political Committee

' .... - ,_ r . -

V'LiV'V"VU> ---------·---------------··-·-------··-

Page 43: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN

DEPOSITORY FOR POLITICAL COMMITTEES

(Sections 106.011(1) and 106 .. 021(1), F S .. )

/

I '

~ I "

i (1;~ Sf ::\j r

2Ul3 JUti 2 6 Ail 9: 4 9

CHECK APPROPRIATE BOX: OFFICE USE ONLY

~ Original Appointment of Treasurer D Reappointment of Treasurer D Deputy Treasurer

1 Committee or Organization 2 Telephone

6 QUA~ -~ r;!,Z\A '-t f,,:o?iJ>A (~) ~7__- ~o.!f--. . Telephone (optional) 3. Name of Treasurer or Deputy Treasurer 4. Email (optional)

7 Street Address

8 .. The following bank has been designated as the

c~q:>r. . ;;

!{,· . ~""1.1 I

I

l'&'.1: Primary Depository O Secondary Depository

9 Name of Sank 10 Street Address Mi 4 ~ i 1 ~ "-·

14'301 s. 'Di'lt;e .{.tw~. 33l!f.(.. ----1

11 .. City 12 State 13 .. Zip Code

3'311-(..

re of Chairman

x / Camoaian Treasurer's Acceotance of Aooointment

lLA NS UA-·J?t.\ f-o . . ·-- , do hereby accept the appointment as (Please Plinl or Type)

1 j ---f>

treasurerordeputytreasurerfor ~~Agp;!>t:( ~JZ·'M - .-li. (Committee or Organization)

I,

Page 44: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

(

REGISTERED AGENT S1ATEMENT OF APPOINTMENT

(Section 106 022, FS)

~ Original Appointment 0 Change of Appointment

D Change of Mailing Address 0 Change of Physical Address

' I '

___ . ____ __, __ '------------------! Registered Agent and Office Information

Name l.fFA 1*t..-L-. -b-t

1A- I T~lephone ~ -'2~-

Street Address I r8l:o J?Atun" Cl"/,, r't"<, •

~ity /lJiAW., State ZipCode 331~ l--_!_!.,:.=:~.1.._ _________ ~_J_---'~'-~-----

Mailing Address

I State '' / '----~' Zip Code._...,. __ ""'---------1 City ,, I;

--------------I accept this appointment and confirm that I am familiar with and accept the obligations of the position as set forth in Section 106,022, F,S. I also understand that I may resign this appointment by executing a wntten

stateme.o """""""''" M "~·=lie. able filing officer - ~IP~/!J.___ __ Signature of Registered Agent Date

Former Registered Agent and Office Information (for changes only) ,__Na_m_e______ . I Teleph~-------1

Street Address

City Zip Code

Committee or Organization Information ------- ----------------1

Name of Comrr>ittee or Organization ,---

1------~J;' Q U.A I. Hi:tP.'4.it\ ~ti' +t..0fl.ii:>A StreetAddress iS:Szo °:f>Plt.A'l\e·\-\.o CY-4. 'J:?r. 1Telephon~2.-~t> _

__ __,l_s_ta-te~t'.-~i.-~----· Zip c_ode 3 5 I S:f City

Printed Name of Chairperson Date /J Form 05-DE 41 (revised 6111)

U0000'/

Page 45: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

RICK SCOTT Govern01

June :n. 1013

Ms Vanessa Brito, Chairperson E qua\ Maniage f!orida 15820 Palmello Club Drive Miami, Florida 33157

Dear Ms .. Bri!o:

KENDETZNER Secretary of State

This VI ill acknowledge receipt of the Statement of Organization and Appointment of Campaign Treasure!' and Designation of Campaign Depository for Equal Manfage Florida, which were placed on file in our office on .June 26, 201.3 This information appears to comply with the requirements of Section I 06 03, Florida Statutes, and the name of this organization has been placed on our active committee list as a political committee that supports issues.

Ca!J1paign Treasm·er"s Repor·ts

Your first campaign treasurer's report will be due on July 10, 2013 The report will cover the period of April l, 2013 - June 30, 201.3. All political committees that iile reports with the Division of Elections are required to file by means of the Division's Electronic Filing System (EFS)

.Credentials and Sign-on~

Below is the v,eb address to access the EFS and the committee's user identification number The endosed sealed envelope contains the committec"s initial password Once you ha\e logged in using the initial password .. you will be immediately prompted to change it to a confidential sign­on 1t1c chairperson .. campaign treasurer.. and deputy trea~urcrs are Iesponsibk for protecting this password from disclosure and are responsible for all filings using these credentials, unless the Division is notified that yom credentials have been compromised

EFS Website Address: https://efS dos state fl us Identification Number: 60477

OOOOL8

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Ms. Vanessa Brito, Chairperson June 2 7 .. .20 I 3 Page Two

.Pin Numbers

' I

Pin numbers are confidential secure credentials that allow you to submit reports and update information The enclosed sealed envelope provides a confidential pin number for the chairperson By copy of this letter, a confidential pin number to access the FFS was sent to the treasurer.

Each political committee chairperson is required to provide the Division of Elections with confidential personal information that may be used to allow access in the event that the password is forgotten or lost When you enter the campaign account screen, there will be a drop down box where you pick a question (such as Whal is yv111 morhe1 'I maiden name?) and supply an answer A!l passwords and answers to questions are stored as encrypted data and cannot be viewed by Division staff and given out over the phone. Please notify the Division if your credentials have been compromised

Timely Filing

All reports must be completed and filed through the EFS no later than midnight, Eastern Standaid Time, of the due date. Reports not filed by midnight of the due date are late filed and subject to the penalties in Section 106 07(8), Florida Statutes In the event that the Ei'S is inoperable on the due date, the report will be accepted as timely filed if filed no later than midnight, Eastern Standard Time, of the first business day the EFS becomes operable .. No fine will be levied during the period the EFS was inoperable

An} political committee failing to file a report on the designated due date is su~ject to a fine of $50 per day for the first 3 days and, thereafter, $500 per day for each day, not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report. However.. for the reports immediately preceding each primary and general election .. the fine shall be $500 per day, not to exceed 25% of the total receipts or expenditures .. whil:hever is greater, for the peri\\d covered b) the late report

Electronic. Receipts

The person submitting the report on the FFS will be issued an electronic receipt indicating and verif)ing the report was filed .. Each campaign treasurer's report filed by means of the EFS is considered to be under oath by the chairperson and campaign treasurer and such persons are su~ject to the pro' isions of Section l 06 .07(5 ), Florida Statutes

0000:09

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' I.

Ms Vanessa Brito. Chairperson June 27, '2013 Page Three

lnstrnctions and AssistanC£

' I

An online instruction guide is available to you on the EFS to assist with navigation. data entry. and submission of reports The Division of Elections will also provide assistance to all users by \:ontacting the EFS Help Desk at (850) 245-6280

All of the Division's publications and r·cporting forms are available on the Division of Elections' website at http://elcctions.nu:florida.eom. It is your responsibility to read, understand, and follow the requirements of Flodda's election laws. Therefore, please print a copy of the following documents: Chapter 106, Florida Statutes, 2012 Political Committee Handbook, 20H Calendar of Reporting Dates, and Rule IS--2.017, Florida Administrntive Code.

Please l~t me know ifyou need additional information

Sincerely,

r · )J..~ out ~ ~; ) . . v, , . . 1JQ,l\Ju . , Uc ~- JU,k'.Dt"-'

1V'-Kristi Reid Bronson, Chief (j Bureau of Election Records

KRB/ljr

Enclosures

0000:1.0

Page 48: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

November 13, 2013

Vanessa Brito, 'Treasurer Equal Marriage Florida 15820 Palmetto Club Drive Miami, FL 33157--3157

Re: PAC 604 T7

Dear Ms .. Brito:

' I

FLORJDA DEPARTMENT OF STATE Ken Detzner

Secretary of State

DIVISION OF ELECTIONS

Your campaign treasurer's report, which was due November 12, 2013, has not been received ..

Section I 06 .. 07(8)(b), Florida Statutes, requires that the filing of!ice1 immediately notify you of the failure to file this report and that a fine will be assessed of $50 per day for tlle first 3 days late and, thereafter $500 per day, although a fine cannot exceed 25% of the total receipts or expenditures, whicheve1 is greater, for the period covered by the late report. However, for the reports immediately preceding each primaty and general election, the fine shall be $500 per day for each late day, not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report.

Once your report is filed, this office will notify you of the specific amount of your fine Fines must be paid to the filing officer within 20 days of receipt of the payment due notice.

Please be advised, however, that failure to file a campaign treasurer's report may constitute a violation of Chapter I 06, Florida Statutes, independent of the automatic fine violation referenced above .. Therefore, if you fail to file a report the division will turn the matter over to the Florida Elections Commission

Section I 06 265( I), Florida Statutes, authotizes the Florida Elections Commission to impose a civil penalty up to $1,000 per count for each willful violation of Chapter 106

lfyou have any questions, please c9ntact the help desk at (850) 245-6280 ..

Sincerely,

Kristi Reid Bronson, Chief Bureau of Election Records

UOOOl.1.

Page 49: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

I \

(

FLORIDA DEPARTMENT OF STATE Ken Detmer

Second Notice

Novembe1 20, 201.3

Vanessa Brito, Treasurer

Equal Marriage F 101 ida

15820 Palmetto Club Drive Miami, FL.33157·3157

Re: PAC 604 77

Dear Ms Brito:

Secretar; of State

DIVISION Of J;LECTIONS

Your campaign treasurer's report, due November 12, 2013, has not been 1eceived

Section 106 07(8)(b), Florida Statutes, requires that the filing officer immediately notify you of the failure to file a report.

The first notice of the failure to file the above mentioned repo1t was mailed, via regular mail, to the address on file with om office on November 13, 2013. As of this date, we do not show a record of receiving this report

If the report is not filed via the Division's electronic filing system within 14 days of receipt of this notice, this matter will be referred to the Flm ida Elections Commission for fUrther action Section I 06..265(1 ), Florida Statutes, authorizes the Florida Elections Commission, upon finding a will fol violation of Chapte1 106, Florida Statutes, to impose a civil penalty up to $1,000 per count

If.you have any questions, please contact the help desk at (850) 245-6280

Sincerely,

~;t~~~-01~--Kristi Reid Bronson, Chief Bureau of Election Records

00001.:2

The RA Gray Building-Room 3 l 6 • 500 South Bronough Street • Tallahassee FL 32399-0250 • (850) 245··6240

Page 50: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

:ll

RICK SCOTT Governor

FINAL NOTICE Delivery Confirmation:

December 5, 2013

Vanessa Brito, I reasurer for Equal Marriage Florida (60477) 15820 Palmetto Club Drive Miami, Florida 33157

Dear Ms Brito:

USPS TRACKfNG I & CUSTOMER RE:CEIPI

, ,

9114 9010 7674 2761 291199 For Tracking or mqu1nes go 10 USPS com or calf 1 .. aoo .. 222-1s1 t

KENDETZNER Secretary of State

According to a review of the Division's records, the organization referenced above has not filed the following report:

Year

2013

Report

MlO

Cover Period

101011201 '.l - 10/31/2013

The organization has previously been notified of the report that is outstanding. Enclosed are copies of letters sent by the Division. If the report is not filed within 7 days of receipt of this letter, the Division will forward this matter to the Florida Elections Commission for further action. Section 106.265(1 ), Florida Statutes, authorizes the Florida Elections Commission to impose civil penalties of up to $1,000 per violation

If you have any questions, please call the Help line at (850) 245-6240

Kristi Reid Bronson. Chief Bureau of Election Records

KRB/ela

Enclosure

UiJOOJ.3

R. A. Gray Building • 500 South Btonough Street • Tallahassee, Flodda 32399-0250 Telephone: (850) 245··6240 • Facsimile: (850) 245-6259 www.dos .. state .. fl..us

CommemoT'ating 500 years of Florida history www fla500.com -VIYHIRRIDA-SRn----------------- --------------Ullfl-CtnDIRl.CI-

Page 51: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

' I

FLORIDA DEPARTMENT OF STATE

Second Notice

November 20, 2013

Vanessa Brito, Treasurer Equal Marriage Florida

15820 Palmetto Club Drive Miami, FL .33157-3157

Re: PAC 60477

Dear Ms. Brito:

Ken Dctzner Secr~W•) of State

DIVISION Ol ELECTIONS

Your campaign treasurer's report. due November 12, 2013, has not been received

Section l06.07(8)(b), Florida Statutes, requires that the filing officer immediately notify you of the failure to file a report

The first notice of the failure to file the above mentioned report was mailed, via regular mail, to the address on file with our office on November 1.3, 2013. As of this date, we do not show a record of receiving this report.

11 the report is not filed via the Division's electronic filing system within 14 days of receipt of this notice, this maner will be referred to the Florida Elections Commission for further action Section 106 265(1), Florida Statutes, authorizes the Florida Elections Commission, upon finding a willfol violation of Chaptei 106, Florida Statutes, to impose a civil penalty up to $1.000 per count

lfyou have any questions, please contact the help desk at (850) 245-6280.

Sincerely,

~ (t..-t~~: • .c l~-:2..--Kristi Reid Bronson, Chief Buteau of Election Records

----fhe--R7\-Gruv-Sui!din11:--Roorrr3-J-6--e-560-SOuth-Bronou!th-Street-•-l'allahassee-Fb-3-2~99-02-50-.-f8$0l-24-5·-6240---

Page 52: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

November l 3, 'W 13

Vanessa Brito, Treasurer Equal Marriage Florida 15820 Palmetto Club Drive Miami, FL 33157-315 7

Re: PAC 60477

Dear Ms .. Brito:

FLORIDA DEPAR1MENT OF ST ATE Ken Detzner·

Secretary of State

DIVISION OF ELECTIONS

Your campaign treasure1's 1eport, which was due November 12, 2013, has not been received.

Section l 06 .. 01(8)(b), Florida Statutes, requires that the filing officet immediately notify you of the failure to tile this report and that a fine will be assessed of $50 per day for the first 3 days late and, thereafter $500 per day, although a fine cannot exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report. However, for the reports immediately preceding each primary and general election, the fine shall be $500 per day for each late day, not to exceed 25% of the total receipts or expenditures, whichever is gieater, fot the period coveted by the late report

Once your report is filed, this office will notify you of the specific amount of your fine Fines must be paid to the filing officer within 20 days of receipt of the payment due notice

Please be advised, however, that failure to file a campaign treasure: 's repo1t may constitute a violation of Chapter l 06, Florida Statutes, independent of the automatic fine violation referenced above Therefore, if you fail to file a report the division will turn the matter over 10 the Florida Elections Commission

Section I 06 265( l ), Florida Statutes, authorizes the Florida Elections Commission to impost a civil penalty up to $1,000 pe1 count for each willfol violation of'Chapter 106.

lfyou have any qu~stions. please c9ntact the help desk at (850) 245-6280

Sincerely.

Kristi Reid Bronson, Chief Bureau of Election Records

00001.5

Page 53: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

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MIAMI, FL 33157

MIAMI FL 33197

MIAMI FL 33197

MIAMI FL 33197

MIAMI FL 33152

MIAMI FL 33152

TALLAHASSEE FL 32301

TALLAHASSEE FL32301

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Page 54: Jltrry - fec.state.fl.usfile/13-332+Brito,+Vanessa_Redacted.pdf · Vanessa Brito, as chairperson and treasurer of Equal Marriage Florida, Respondent. ·--' ORDER OF PROBABLE CAUSE

HISTORY NOTES Equal Marriage Florida - 60477

Unique ID Date Recorded Last Edited Date Orginally Recorded By

33902 Sn/2013 2:29:00 PM ddbeach

Spoke w/Ms Brito - received second FF notice - mailed 7/25/13 - waiver was filed 7/30/13 - advised that notice would have arrived at about same time - account is now current - no activity for initial period - advised nothing further to do at this time

0000:.i..';' Page 1 of 1 12/18/2013