NOH FEC # 13-028

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

In Re: Robert Perrin Burton, V _____________________________________________/

Case No.: FEC 13-028

TO: Robert Perrin Burton, V Address Unknown

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

NOTICE OF HEARING (OTHER MOTION) A hearing will be held in this case before the Florida Elections Commission on, November 17, 2015 at 8:30 AM, or as

soon thereafter as the parties can be heard, at the following location: Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, FL 32399.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Florida Elections Commission November 2, 2015

NOH FEC # 13-028

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

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

STATE OF FLORIDA FLORIDA ELECIIONS COMMISSION

In Re: Robert Penin Burton, V

IO: Robert Penin Bmton, V 7676 SW 461h Avenue Jasper, FL 32052

Case No.: FECl.3-028

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

NOTICE OF HEARING (INFORMAL HEARING)

A heming will be held in this case before the Florida Elections Commission on February 24, 2015, at 9:00 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, lallahassee, FL 32399.

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

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

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

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

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

Please be advised that both confidential and public cases are scheduled to be heard by the Florida Elections Commission on this date. As an Appellant, Respondent or Complainant in one case, you will not be permitted to attend the hearings on other confidential cases

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

If you require an accommodation due to a disability, contact Donna Ann Malphurs at (850) 922-4539 or by mail at I 07 West Gaines Street, The Collins Building, Suite 224, Tallahassee, Florida 32399, at least 5 days before the hearing

See further instructions on the reverse side ..

NOH FEC #13-028

,?!my ;Mc'l(ewer 'Toman Executive Director Florida Elections Commission February 9, 2015

Please refer to the information below fo1 fu1the1 instrnctions related to yow particular hea1ing:

If this is a hearing to consider an appeal from an automatic fine, the Filing Officer has imposed a fine on you fo1 yow failure to file a campaign treasure1 's repo1t 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; 01 (2) that there were unusual ciicumstances that excused the failme to file the repo1t timely.. You are 1equired to prove your case.. If the Commission finds that the 1epo1t was filed timely or that there we1e unusual circumstances that excused the failme, it may waive the fine, in whole 01 in part The Commission may reduce a fine afte1 conside1ing the factors in Section 106 265, Florida Statutes If the Commission finds that the repmt 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 01 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 mder or does not make a decision to accept or deny the consent 01 der, 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 OJ reject the consent mder. If the Commission accepts the consent 01der, the case will be closed If the Commission 1ejects the consent mder 01 does not make a decision to accept or deny the consent order, the Respondent will be entitled to anothe1 hearing to determine if the Respondent committed the violation( s) alleged

If this is a probable cause hearing, the Commission will decide if there is probable cause to believe that the Respondent committed a violation of Florida's election laws. Respondent should be prepared to explain how the staff in its recommendation incorrectly applied the law to the facts of the case. Respondent may not testifY, call others to testify, or introduce any documentary or other evidence at the probable cause hearing The Commission will only decide whether Respondent should be charged with a violation and, before the Commission determines whethe1 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 pwsuant Sections 120 569 and 12057(2), Florida Statutes; Chapter 28 and Commission Rule 2B-l .004, Florida Administrntive Code At the hearing, the Commission will decide whether the Respondent committed the violation(s) charged in the Order of Prnbable 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 suppo1t the violations charged in the Ordet of Prnbable Cause At Respondent's 1equest, the Commission may determine whether Respondent's actions in the case were willful The Respondent may also address the apprnpriateness of the recommended fine.. If Respondent claims that his limited 1esources make him unable to pay the statutmy fine, he must provide the Commission with written proof of his financial resources at the hearing A financial affidavit fo1m is available flom the Commission Clerk

FLORIDA ELECTIONS COMMISSION 107 W. Gaines Street, Suite 224

Collins Building Tallahassee, Florida 32399-1050

(850) 922-4539

December 5, 2014

Robert Perrin Burton, V 7676 SW 46th Avenue Jasper, FL 32052

RE: Case No.: FEC 13-028; Respondent: Robert Perrin Burton, V

Dear Mr. Burton:

Please take notice that the Florida Elections Commission will hold an informal hearing in your case at its February 24-25, 2015 meeting. A notice of hearing with the date, time and location will be mailed approximately 14 days before the hearing. Our previous notifications were returned to us marked “unable to forward.”

If you have any questions, please contact us at the number listed above or at fec@myfloridalegal.com.

Sincerely,

/s/Donna Ann Malphurs Agency Clerk

/dam Enclosures: Correspondences dated 07/16/14 and 08/15/14 cc: Division of Elections, Complainant

Aut029(12/08)

Robett Penin BUtton, V 7678 SW 46 Avenue Jaspet, FL 32052-2052

(

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

Collins Building Tallahassee, Florida 32399-1050

(850) 922-4539

August 15, 2014

RE: Case No.: FEC 13-028; Respondent: Robert Perrin Burton, V

Dem Mr BUtton:

The Florida Elections Commission at its last regulaily scheduled meeting was unable to heai this case .. Therefore, this case has been rescheduled for its next meeting, which is scheduled for Octobe1 28-29, 2014 in Tallahassee. A notice of heaiing will be mailed approximately 14 days before the hearing

If you have any questions, please contact us at the numbet listed above or at foc@myflo1idalegal.com

AMT/em cc: Division of Elections, Complainant

Aut029(12/08)

Sincerely,

/s/Jlmy fM.c1.(ftever 'Toman Executive Di1ector

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

In Re: Robert Perrin Burton, V Case No.: FEC 13-028

TO: Robert Perrin Burton, V 7678 SW 46 Avenue Jasper, FL 32052-2052

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 August 6, 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 heating, 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 heating, 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 farther instructions on the reverse side

}!my 9'1.CKewer'Toman Executive Director Florida Elections Commission July 16, 2014

Please refer to the information below for further instructions related to your particular hearing:

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

If this is a hearing to consider a consent order before a determination of probable cause has been made, the Commission will decide whether to accept or reject the consent order.. If the Commission accepts the consent order, the case will be closed and become public If the Commission rejects the consent order or does not make a decision to accept or deny the consent order, the case will remain confidential, unless confidentiality has been waived

If this is a hearing to consider a consent order after a determination of probable cause has been made, the Commission will decide whether to accept or rt<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 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 others to testify, or introduce any documentary or other evidence at the probable cause hearing. The Commission will only decide whether Respondent should be charged with a violation and, before the Commission determines whether a violation has occurred or a fine should be imposed, Respondent will have an opportunity for another hearing at which evidence may be introduced

If this is an informal hearing, it will be conducted pursuant Sections 120 569 and 120.57(2), Florida Statutes; Chapter 28 and Commission Rule 2B-l .. 004, Florida Administrative Code .. At the hearing, the Commission will decide whether the Respondent committed the violation(s) charged in the Order of Probable Cause. The Respondent will be permitted to testify However the Respondent may not call witnesses to testify

Respondent may argue why the established facts in the Staff Recommendation do not support the violations charged in the Order of Prnbable 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

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

In Re: Robert Perrin Burton IV Case No .. : FEC 13-028

TO: Robe1t Perrin Burton IV 7678 SW 46 Avenue Jasper, FL 32052

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

NOTICE OF HEARING (PROBABLE CAUSE HEARING)

A hearing will be held in this case before the Florida Elections Commission on February 26, 2014, at 8:30 am, or as soon thereafter as the parties can be heard, at the following location: Senate Oflice Bnilding, Room S-110, 404 Sonth 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 heating 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 heating, 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 petmitted 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, I allahassee, Florida 32399, at least 5 days before the hearing

See farther instructions on the reverse side.

;!my 'Mc1.(eroer 'Toman Executive Director Florida Elections Commission Febmary 4, 2014

Please refor to the information below for further instructions related to your particular heating:

If this is a hearing to consider an appeal from an automatic fine, the Filing Officer has imposed a fine on you for your failure to file a campaign treasurer's report on the designated due date and, by filing an appeal, you have asked the Commission to consider either (1) that the report was in fact timely filed; or (2) that there were unusual circumstances that excused the failure to file the report timely. You are required to prove your case. If the Commission finds that the report was filed timely or that there were unusual circumstances that excused the failure, it may waive the fine, in whole or in part. The Commission may reduce a fine after considering the factors in Section 106265, Florida Statutes .. If the Commission finds that the report was not timely filed and thete were no unusual circumstances, the fine will be upheld

If this is a heating to consider a consent order before a determination of probable cause has been made, the Commission will decide whether to accept or teject 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 mder, 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 incmrectly applied the law to the facts of the case Respondent may not testify, call others to testify, or introduce any documentary or other evidence at the probable cause hearing The Commission will only decide whether Respondent should be charged with a violation and, before the Commission determines whether a violation has occurred or a fine should be imposed, Respondent will have an opportunity for another hearing at which evidence may be introduced

If this is an informal hearing, it will be conducted pursuant Sections 120 569 and 120 57(2), Florida Statutes; Chapter 28 and Commission Rule 2B-l .004, Florida Administrative Code At the hearing, the Commission will decide whether the Respondent committed the violation(s) charged in the Order of Probable Cause The Respondent will be permitted to testify However the Respondent may not call witnesses to testify ..

Respondent may atgue 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 approptiateness 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

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

FLORIDA ELECTIONS COMMISSION The Collins Building

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

(850) 922-4539

Mr Robert Penin Burton V 7678 SW 461

h Avenue Jasper, FL 3 25 02

RE: Case No.: FEC 13-028

Dear Mr Button:

Decembe:r 4, 2013

As you know, this case was scheduled for consideration at the Flotida Elections Commission meeting on November 13, 2013.. Ptiot to the meeting, you contacted my office and made several requests regarding your attendance at the heating I attempted to reach you by telephone before the meeting, but you did not answer or return my call. Given these circumstances, the Commission decided to continue your case and asked me to respond to you in wtiting before your case is reset for heating I expect your case to be placed on the agenda for the next Commission meeting, scheduled for F ebmaty 25 and 26, 2014. You will receive a notice of the heating in the mail.

It is my understanding that you requested that your wife, who is neither the respondent nor the complainant in this case, be allowed to attend the heating Put suant to statute, at this point in the process, this case is confidential and any heating regatding it must, therefore, be closed to the public. In the absence of an express waiver of your confidentiality, the Sunshine Law would have precluded us from allowing your wife or any other member of the public to attend the November 13 hearing. In fact, if you had decided at the meeting to waive your confidentiality by allowing her to be present, we would have had to postpone the heating and re­notice it as a public heating.

If you wish to have your wife ( 01 anyone else other than an attorney representing you) present at the heating, you will need to waive your confidentiality in advance of the meeting, so that the heating can be noticed as a public heating. If you choose to waive your confidentiality, the case will then be a public case for all purposes and anyone (including your wife) will be permitted to attend a heating on the case.

------lnvOI-H6/0l>c)------------

I also understand that you requested certain "accommodations" to make it possible for your wife to attend the hearing Specifically, you requested that the hearing be held in a "clean air wom" and that no one "breathe in her face " Consistent with the Sunshine Law, the Commission's meetings are held in public meeting spaces While the woms we use are well-maintained, there is no way to ensure that they are sterile or that anyone legitimately present in the wom is not ill The space is large, however, and it would certainly be possible for your wife to sit away from other people if she chose to do so

You also stated that you would be video-recording the meeting While the Sunshine Law does not preclude you flom doing so, it does require that your efforts not be disruptive In addition, please be aware that any dissemination of an audio or video recording of the meeting will act as a waiver of your confidentiality in the case, if you have not already so waived. Should you choose to waive your confidentiality, the case will likely be televised on the Florida Channel, along with other public cases And, finally, our agency clerk makes an audio recording of every hearing and it is available after the meeting, in accordance with public records laws.

Please contact me in writing at the above address or via email at arny.toman@myflmidalegal.com if you have any forther questions or concerns

Sincerely,

____ IN_\l0.06-GOl&6), ____________________________ _

/" I (

13 n,...,~ f "t tL. -1.J M1 9: 21

STATE OF FLORIDA ::;, ,, : c;'· ,, 1 C'""" FLORIDA ELECTIONS COMMISSIONEU:CTi0.43 c(ifni/stioi~

In Re: Robert Perrin Burton V Case No.: FEC 13-028

ORDER CONTINUING CASE

THIS MATTER was scheduled to be heard by the Florida Elections

Commission at its regularly scheduled meeting on November 13, 2013, in

Tallahassee, Florida

On the Commission's own Motion,

THIS MATTER is continued until the next available meeting of the Florida

Elections Commission

DONE AND ORDERED by the Florida Elections Commission on

November 13, 2013

Copies furnished to:

Tim Hollaaay, Chairman Florida Elections Commi sion

David S Grossman, Assistant General Counsel Robert Pen in Burton V, Respondent Division of Elections, Complainant/Filing Officer

In Re: Robert Pen in Burton V

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

Case No.: FEC 13-028

------------------------~/ TO: Robert Pen in Burton V

7678 SW 46 Avenue Jasper, FL 32052-2052

Division of Elections 500 S Bronough Street, Room 316 I allahassee, FL 32399-1050

NOTICE OF HEARING

A hearing will be held in this case before the Florida Elections Commission on November· B, 2013, at 9:00am, or as soon thereaftet 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 apperu 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:

Ifyou 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 ofthe hearing, your case wrll not be mdrvrdually hear r.---------1

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 herud 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.

lfyou require an accommodation due to a disability, contact Donna Malphurs at (850) 922-4539 or by mail at l 07 West Gaines Street, The Collins Building, Suite 224, Tallahassee, Florida 32399, at least 5 days before the hearing.

See further instructions on the reverse side.

Jl"!Y :MC}(eer~er <Toman Executive Director Florida Elections Commission October 24, 2013

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

In Re: Robert Perrin Burton V Case No.: FEC 13-028

------------------------~/

STAFF RECOMMENDATION FOLLOWING INVESTIGATION

Pursuant to Section 106 25(4)(c), Flmida Statutes, undersigned staff counsel files this Wiitten recommendation for disposition of the complaint in this case recommending that there is probable cause to charge Respondent with violating Section 106.141(1), Florida Statutes. Based upon a thorough review ofthe Report oflnvestigation submitted on July 3, 2013, the following facts and law support this staff recommendation:

1.. On January 8, 2013, the Florida Elections Commission ("Commission") received a refenal from the Division of Elections ("Division") alleging that Robert Pen in Bmton V ("Respondent") violated Chapter 106, Florida Statutes

2 Respondent was a candidate for State Senate, District 3, in the 2012 election Respondent failed to qualify for the election ..

3 By letter dated April29, 2013, the Executive Director notified Respondent that Commission staff would investigate the following alleged violations:

Section 106.141(1), Florida Statutes: Robert Penin Bmton V, candidate for Florida State Senate, District 3, failed to file his 2012 I ermination Report I eflecting the disposition of all remaining campaign funds, after notice from the Department of State, Division of Elections, that the report was due on September 6, 2012

4. On September 7, 2011, Respondent filed his State of Florida Appointment of Campaign Ireasmer and Designation of Campaign Depository of Candidates form ("DS-DE 9") appointing Kathrine A Scott as treasmer of his campaign. (ROI Exhibit 1)1

5.. On September 8, 2011, the Division sent Respondent a letter acknowledging that his name had been placed on the 2012 active candidate list The letter also advised Respondent that all candidates filing reports with the Division are required to use the electronic filing system

1 The Report oflnvestigation is referenced to herein as "ROI "

Staff Recommendation FEC 13-028

(EFS), and provided Respondent with an initial PIN and password allowing him to access the EFS (ROI Exhibit 2)

6.. The September 8, 2011 acknowledgment Jetter also informed Respondent that all of the Division's publications and reporting forms are available on the Division website, including Chapter 106, Florida Statutes, the Candidate and Campaign Treasurer Handbook, and the Division's Calendar of Reporting Dates Jd.

7.. Respondent failed to file his 2012 Termination Report ("IR") on the reporting due date. (See Attachment A)

8.. By letters dated September 13 and October 2, 2012, the Division sent Respondent notifications informing him that his 2012 IR had not yet been received2 All WJitten notices from the Division to the Respondent were sent to the addresses provided by Respondent on his DS-DE 9 form (ROI Exhibits 1, 3 & 5)

9.. On September 17, 2012, Respondent called the Division and stated that he was unable to file his 2012 TR because he is no longer allowed in public buildings and was previously removed fiom the building that houses the supervisor of elections office .. Respondent also added that he does not believe he has a working internet connection at his home and could not afford repeated trips into town .. (ROI Exhibit 4)

10.. On October 16, 2012, the Division sent Respondent an email message notifying him that his 2012 IR remained outstanding .. Both previously mailed failure-to-file notifications were included in the email message as attachments .. (ROI Exhibit 6)

11 As of September 23,2013, Respondent has not filed his 2012 IR (Attachment A)

12 "Probable Cause" is defined as reasonable ground of suspicion supported by circumstances sufficiently strong to warrant a cautious person in the belief that the person has committed the offense charged .. Schmitt v State, 590 So2d 404,409 (Fla 1991).. Probable cause exists where the facts and circumstances, ofwhich an [investigator) has reasonably trustworthy information, are sufficient in themselves for a reasonable person to reach the conclusion that an offense has been committed .. Department of Highway Safety and Motor Vehicles v Favino, So.2d 305, 309 (Fla .. 1st DCA 1995).

13 The facts above show that Respondent was a candidate for State Senate, District 3, in the 2012 election, but failed to qualify Respondent failed to timely file his 2012 I'ermination Report that was due on September 6, 2012 Despite the Division sending

2 Section 106 .141 (8)(b ), Florida Statutes, states that the filing officer shall notify each candidate at least 14 days

before the candidate's Termination Report is due Since the September 13, 2012 notification letter seems to be the soonest notification regarding the due date of Respondent's 2012 Termination Report, a due date of September 27, 2012 (14 days after first notification) should be used for fine calculation purposes

Staff Recommendation FEC 13-028 2

Respondent two letters and an email regarding the outstanding rep01t, as of September 23, 2013, Respondent has not yet filed his 2012 TR

Based upon these facts and circumstances, I recommend that the Commission find probable cause to charge Respondent with violating the following:

Count 1:

On or about September 6, 2012, Respondent violated Section 1 06141 (I), Florida Statutes, when he failed to timely file his 2012 I ermination Report reflecting the disposition of all remaining campaign funds within 90 days after withdrawing his candidacy, becoming unopposed, or being eliminated or elected

Res~bmitted on September :z- .S, 2013,

~-......e ... David S. Grossman Assistant General Counsel

Staff Recommendation FEC 13~028 3

9/23/13 FEC - Candidate/Committee Filing History Report

~•com search 1 directory 1 contact us 1 411 1 subscribe 1 tour! help

Florida Department of State - Division of Elections Florida Election System Reports

CandidateJCOmillittee Lookup

Name~

Election·

Acct: [55"381

Type: I Candidate

::!',i

Candidate Name: Robert Perrin Burton V

Account: 55381

Date Due T)pe Date

Status Days Fine

Filed Late Assessed

9/6/2012 TR FEC 0 $0 00

4/10/2012 01 4/3/2012

1/10/2012 04 1/17/2012 CLO 7 $0.00

10/11/2011 03 10/4/2011

Abdlment A =~ -

https://doesecure.dos.statefl us/FEC/FillngHistoryAsp?AcctNurrF55381&cboEiection=&cboTIP<l=CAN&1J<IName=

Appealed Amount Amount

Fined Paid

$0 00 $0 .. 00

$0 .. 00 $0.00

1/1

/ I

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FLORIDA ELECTIONS COMMISSION REPORT OF INVESTIGATION

Case No .. : FEC 13-028

Respondent: Robert Penin Burton V

Complainant: Division of Elections

Pursuant to Section 10625, Florida Statutes, on January 8, 2012, the Florida Elections Commission received information fiom the Division of Elections that Respondent violated Chapter 106, Florida Statutes The Division's refenal was mandated pursuant to Section 106..07(8)(d), Florida Statutes. Commission staff, therefore, investigated whether the Respondent violated the following statute:

Section 106141(1), Flmida Statutes, failure of a candidate to file a termination report reflecting the disposition of all remaining funds in his campaign account within 90 days after she was eliminated.

I. Preliminary Information:

1 Respondent was a candidate for the State Senate, District 3; he did not qualify.

2 Complainant is the Division of Elections (Division}.

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

II. Alleged Violation of Section 106.141(1), Florida Statutes:

4.. I investigated whether Respondent violated this section of the election laws by failing to file his Termination Report after receiving notice that the report was due The Termination Report was due on September 6, 2012

5. On September 7, 2011, Respondent filed his Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates form (DS-DE 9) with the Division, appointing Katherine A Scott as treasurer of his campaign .. To review the DS-DE 9 form, refer to Exhibit 1

6 On September 8, 2011, Ms .. Bronson sent Respondent a letter acknowledging that his name had been placed on the active candidate list The letter advised Respondent that all candidates filing reports with the Division are required to use the electronic filing system (EFS), and provided Respondent with his user identification number and initial password allowing him access to the EFS ..

7 The letter also advised Respondent that all of the Division's publications and

Inv002 (7/08) 1

repotting fotms are available on their website, including Chapter 106, Florida Statutes, the Candidate and Campaign Treasurer Handbook and the Calendar of Reporting Dates .. The letter was mailed to the address Respondent provided on his DS-DE 9 form (Exhibit 1) To review the acknowledgment letter, refer to Exhibit 2

8 The Division sent Respondent a letter dated September 13, 2012, informing him that his Termination Report had not been received; the letter was mailed to the address provided on Respondent's DS-DE 9 form (Exhibit 1) To review the letter dated September 13, 2012, refer to Exhibit 3.

9.. According to history notes provided by the Division, on September 17, 2012, Respondent called the Division stating his personal circumstances prevented him from filing the report He explained that he was unable to file the I ermination Report as he was no longer allowed in public buildings and he had been removed from the building that houses the local supervisor of elections' office. He also added that he did not believe that he had a working internet comrection at his home, that he is handicapped and could not afford repeated trips into town. To review a copy ofthe history notes, refer to Exhibit 4 ..

10.. The Division sent Respondent a letter dated October 2, 2012, informing him that his Termination Report had not been received The letter alluded to a previous failure-to- file letter (Exhibit 3) that had been mailed to Respondent. To review the letter dated October 2, 2012, refer to Exhibit 5

1 L According to history notes, on October 15, 2012, Respondent advised the Division that he is banned fiom every public facility and he does not receive his mail because "people are intercepting" his maiL To review a copy ofthe history notes, refer to Exhibit 4

12 On October 16, 2012, Theresa Holdeen of the Division, sent an e-mail to Respondent using the e-mail address Respondent provided on his DS-DE 9 form The e-mail informed Respondent that his Termination Report had not been received; copies of the previous failure-to-file letters (Exhibits 3 and 5) were attached to the e-mail. To review a copy of thee­mail, refer to Exhibit 6 To review the attachments to the e-mail, refer to Exhibits 3 and 5

13 According to history notes, on October 16, 2012, Respondent called the Division reiterating his inability to file his Termination Report He reiterated his issues with having no computer, having no access to the library due to having a disability and that he is barred from entering his local supervisor of elections' office. According to history notes, October 16, 2012, was the last communication the Division had with Respondent To review the history notes, refer to Exhibit 4

14 Accotding to a newspaper article from the Suwannee Democrat, Respondent's home was raided on January 14, 2011, by agents from the Florida Department of Law Enforcement (FDLE) on suspicion of illegally wire-tapping a telephone conversation with a state legislative aide According to the newspaper article, Respondent's laptop computer was one of the items seized by FDLE agents

15.. Respondent was later arrested on June 5, 2011, and was charged with one count of unlawful interception of communication and one count of unlawful disclosure of communication Respondent advised the newspaper, Suwannee Democrat, that he had happened upon illegal

lnv002 (7/08) 2

activities by the Florida Department of Environmental Protection, specifically, the alleged dumping of toxic waste into protected areas and that he taped a telephone conversation regarding the matter with an aide of a member of the state legislature 1 I o review the newspaper article, refer to Exhibit 7

16 I interviewed Respondent by telephone on July 2, 2013 I brought it to his attention that his 2012 Q1 report was filed with the Division on April 3, 2012, and his termination report was due approximately five months later on September 6, 2012, but the report was not filed.. Respondent began reiterating the raid by the FD LE agents and that he was under indictment from FDLE and "they monitored his every move" and he was barred from entering public buildings and had no working internet connection at his home Respondent also expressed his displeasure with the government and said that the State of Florida is a "criminal organization " Respondent said that he intends to sue the Division for dereliction of duty but did not elaborate

17 In the interview, Respondent said that he is "not wasting any more time on this matter" and that he would love for the Division "to drag him to court so that he can expose the Division for their improprieties .. " He added that he intends to waive any hearing on this matter and that he should be afforded the same right as elected officials and state agencies in that "I should be able to thumb my nose at the law the way that the Division and elected officials thumb their noses when breaking the law"

18 No history of Respondent having previously violated this section of law was found

III. FEC History:

19 Respondent has no prior history with the Florida Elections Commission ..

Conclusion:

20.. As part of the telephone interview with Respondent, he acknowledged that he did read Chapter 106, Florida Statutes and the Candidate and Campaign Treasurer Handbook "to the best of my ability." ·

21 The phone log reflecting all Commission staffs telephone contacts in this matter is p10vided as Exhibit 8.

1 According to the newspaper article, Respondent was subsequently released fiom prosecution on or about January 22, 2013

Inv002 (7 /08) 3

Current address of Respondent

Mr Robert Perrin Burton V 7678 Southwest 46'h Avenue Jasper, Florida 32052-2052

Name and Address of Filing Officer:

Ms. Kristi Reid-Bronson, Chief Bureau of Election Records 500 South Bronough Street, Room 316 Tallahassee, Florida 32399

" l

Respectfully submitted on July 3, 2013

Keith Smith~ ~ Investigation Specialist

Current address of Complainant

Division of Elections 500 South Bronough Street, Room 316 Tallahassee, Florida 32399

Copy furnished to: Mr.. David Flagg, Investigations Manager

lnv002 (7/08) 4

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FLORIDA ELECTIONS COMMISSION REPORT OF INVES1IGATION

Robert Perrin Burton V -- FEC 13-028

<. • • • ·. .... • • .

1,!c'j~~· i;,, :1J.. :;\; . 1: ;• . j,: 0 IWWJ?•rpli'i;E~JII~ns Exhibits #s Description of Exhibits

Exhibit 1 DS-DE 9 f01m

Exhibit 2 Acknowledgment letter to Respondent from the Division

Exhibit 3 First letter to Respondent re: TR (dated 09/13/12)

Exhibit 4 Division's history notes

Exhibit 5 Second letter to Respondent re: TR (dated 10/02/12)

Exhibit 6 E-mailed (dated 10/16/12) fiom the Division to Respondent

Exhibit 7 Newspaper article

Exhibit 8 FEC 13-028 phone log

Inv004 (5/08)

1,-1

APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDIDATES

(Section 106 021(1), F S)

(PLEASE PRINT OR TYPE)

NOTE: This form must be on file with the qualifying

,,

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,.. ..... V' .. r··'""":'1\lr-"n ..... ·~· t ~ ~ ............

11 SEP -7 AtliO: 17

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DlV1~iuH bf Eli:.Cl!ONS SECRETARY Of STATE

officer before opening the campaign account. OFFICE USE ONLY

1. CHECK APPROPRIATE SOX(ES):

181 Initial Filing of Form Re-filing to Change: 0 Treasurer/Deputy D Depository D Office 0 Party

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

ROBERT PERRIN BURTON V code)

---·---~- ··--·-- 7678 SW 46 AVE 4 Telephone 5 E-mail address JASPER FLORIDA (386 ) 938-4918 rburtonvs@gmail.com 32052

-----·- -·--'--· --· 6 Office sought (include district, circuit, group number) 7.. If a candidate for a nonpartisan, office, check if

FLORIDA STATE SENATE DISTRICT 3 applicable: [] My intent is to run as a Wlite--ln candidate

--- ----- ····-- ------8 _ If a candidate for a partisan office, check block and fill in name of party as applicable: My intent is to run as a

0 Write-In 0 No Party Affiliation 0 REPUBLICAN Party candidate

9. I have appointed the following person to act as my (gj Campaign Treasurer 0 Deputy Treasurer ····~--~

_______ , ________

10 Name of Treasurer or Deputy Treasurer

KATHRINE ANN SCOTT ····-----------··--------~-~-- ---------··------

11 Mailing Address 12 Telephone

7678 SE 46 AVE ( 386 ) 938 4918 -~-- -- -~w·~·•• ---·----··

13 City 14 County 15 State 16 Zip Code 17. E-mail address

JASPER HAMILTON FLORIDA 32052 kathrinescott63@gmail.com

18 I have designated the following bank as my [8J Primary Depository O Secondary Depository

19. Name of Bank 20 Address

BANK OF AMERICA 105 NE 2ND AVE. -'::';---------------- . 21 City 22 County 23. State 24 .. Zip Code JASPER HAMILTON FLORIDA 32052

UNDER PENAL TIES OF PERJURY, I DEClARE THAT I HAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY AND THAT THE FACTS STATED IN IT ARE TRUE

·----- -25. Date 26-~d~-SEPTEMBER 2, 2011 X , v.r.~.

27 Treasurer's Acceptance of Appointment (fill in the blanks and check the appropriate block)

I, . KATI+I', INe- A. ~coT! , do hereby accept the appointment (Please Print or Type Name)

designated above as: IX! Campaign Treasurer 0 Deputy Treasurer.

'SePT. 2 ZOII X -~-- -Date , Signature of Campaign Treasurer or Deputy Treasurer

OS-DE 9 (Rev., 10/1 0) ERfBI'I -- ,. Rule 1$-2,0001, FAC

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RJCKSCOTT Governor

September 8, 2011

I '

Fioruo~ DEPARTME~T ofST~!Q

Mr Robert Perrin Burton V 7678 Southwest 46 Avenue Jasper, Florida 32052

Dear Mr Burton:

KURI S. BROWNING Secretary of State

This will acknowledge receipt of the Appointment of Campaign Treasurer and Designation of Campaign Depository for the office of State Senator, which was placed on file in our office on September 7, 201 L Your name has been placed on the 2012 active candidate list The enclosed Statement of Candidate must be filed within HI days of filing the Appointment of Campaign Treasurer form.

Campaign Treasurer's Reports

Your first campaign treasurer's report will be due October 11,2011 This repozt will covel the period of July 1 -September 30, 2011. All candidates who file reports with the Division of EJections are required to file by means of the Division's electtonic filing system (EFS)

Credentials and Sign-ons

Below is the web address to access the EFS and your user identification number The enclosed sealed envelope contains your initial password Once you have logged in using the initial password, you will be immediately prompted to change it to a confidential sign-on.. You, your campaign treasurer, and deputy treasurers are 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 Web site Addr·ess: https://efs.dos.state fLus Identification Number·: 55381

)l VIVA flflRIUA aflU. VIVA flORIDA5RO ..

Mr. Robert Penin Burton V September 8, 2011 Page Two

Pin Number'S.

Pin numbers are confidential secure credentials that allow you to submit rep01ts and update personal inf(>Imation The enclosed sealed envelope provides a confidential pin number for you. By copy of this letter, a confidential pin number to access the Division of Election's electronic filing system was sent to your treasuret

Each candidate is required to Jliovide the Division of Elections with confidential personal information that may be used to allow access in the event that passw01d is forgotten or lost. When you enter the campaign account sct een, there will be a drop down box whet·e you pick a question (such as What is your mother's maiden name?) and supply an answet All passwords and answers to questions are stored as encrypted data and cannot be viewed by Division staff' and given out over the phone.. Please notify the Division if your credentials have been compromised.

Timely Filing

All repoits filed must be completed and filed through the EFS not later than midnight of the due date. Rep01ts 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 inopetable on the due date, the report will be accepted as timely filed if filed no later than midnight of the first business day the EFS becomes operable No fine will be levied during tbe period the EF S was inopetable ..

Any candidate failing to file a report on the designated due date shall be subject to a fine of $50 per day for the first 3 days late and, thereafter, $500 per day for each late day, not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the hite report Howevet, for reports immediately preceding each primary and general election, the fine shall be $500 per day for each late day, not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report

Electronic Receipts

The person submitting the report on the EFS will be issued an electronic receipt indicating and verifying tbe report was filed Each campaign treasurer's report :filed by means of the EFS is considered to be under oath by the candidate and campaign treasurer and such persons are subject to the provisions of Section 106.07(5), Florida Statutes

EXHIBIT .. 2 cffl. 2o/i)

I \

Mr Robert Penin Burton V September 8, 201 I Page Three

Instructions and Assistance

(

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 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' web site at http://elections.myftor·ida,com. It is your· responsibility to read, understand, and follow the requirements of Florida's election laws. Ther·efor·e, please print a copy of the following documents: Chapters 104 and 106, Florida Statutes, 2010 Candidate and Campaign T'r·easurer Handbook, 2011 Calendar of Reporting Dates, and Rule lS-2.017, Florida Administr·ative Code.

Please let rne know if you need additional information

Sincerely,

Kristi Reid Bronson, Chief ~- Bureau of Election Records

KRB/ljr

Enclosures

pc: Ms Kath!ine Ann Scott, Treasurer

[, ( '

FLORIDA DEPARTMENT OF STATE Ken Dctzncr·

September 11 .'2012

Mr Robert Bmton C andidute for State Senator, District 3 7678 Soutlmcst46th Avenue Jasper, FL 32052-2052

Dear M r Button:

Scc1 eta!') of State

DIVISION OF ELECTIONS

YoUJ campaign treasurer's report, which was due September 6, 2012, has not been received

Section 106 07(8)(b), Florida Statutes, requires that the filing officer immediately notify you of the failure to file said report fhe fine for termination repons for ~andidates, shall be $50 per day for each late day, not to exceed 25% of the total receipts or expenditut es, whichever is greater, for the period covered by the late report

On~e 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· J 06, Florida Statutes, independent of the automatic fine violation referenced abo\e Therefore, if you Jail to file a report, the di\ision will tutn the maner ovet to the Florida Elections Commission

If ]OU have an;. questions, please do not hesitate to contact1 heresa Holdeen at (850)245-6250

Sincerely.

d~ ~·-~~;_:if-Kr isti Reid Bronson, Chief Btueau of Election Records

cc: Kathline Ann Scott, Treasurer 7678 Southeast46 Avenue Jasper F L 32052

Unique ID

30912

HISTORY NOTES Robert Perrin Burton V - 55381

Date Recorded Last Edited Date

10/16/2012 2:33:00 PM 10/16/2012 2:47:28 PM

Or'ginally Recorded By

mcchellman

Mr- Burton called again today regarding his inability to file his TR He reiterated his issues with no computer, no access to the library due to a disability, he's unable to enter the SOE building due to being restricted from entering by local authorities, and that 16 men with guns from the FDLE came into his house and took his home computers and Wf? could read abo.ut it in the newsper I again explained that there was no way we could help him file his TR report until he could contact us while sitting at a computer I also explained the FF process to him again, that the matter would ultimately be referred to the FEC as a FF that could end up in a hearing where he could possibly re-state his story for their review

30871

2012 TR FF:

10/16/201210:31:00AM

Sent the following email to both candidate & treasurer:

taholdeen

Attached are copies of previously mailed notices the Division has mailed to you regarding the 2012 Termination report which to date you still have not filed Even though you did not qualify Florida Statutes states you must file a termination report even if you had no financial activity

Please file this report immediately, to avoid referral to the Florida Elections Commission The Florida Elections Commission can impose civil penalties of up to $1000 per violation

lfyou need assistance filing this report, please contact the Division's Help Desk line at (850) 245-6280

Thank you in advance for your immediate attention to this matter

30858

RE: Returned Mail

10/15/2012 4:50:00 PM ljrandolph

MR Burton said that he is banned from every public facility and he doesn't receive any mail because people are intercepting his mail

30462 9/18/2012 8:26:00 AM MCChellman

Cont of yesterday's Note

I stated if he was removed from a pulbic building without cause that he should contact the local law enforcement authorities, or possibly the state attorney's office regarding the matter I stated that this sounded like a matter that needed to be/is most appropriately handled on the local level He stated that the electoral process was being interrupted and was displeased that someone at the Department of State could not help him gain access to the building in .Jasper, Florida that houses his local SOE office 1 stated that I was doing my best to point him in the right direction to where he could get relief for his public building access issues, but he felt I was not doing enough to solve his 'problems

I helped him best I could He stated that I entered into an oath as a government employee to help the public and that I was refusing to help him He asked and recevied my name, and stated that he was going to file a complaint against me for not doing my duty as a government employee

30460 9/17/2012 3:24:00 PM mcchellman

Had a long discussion with the candidate, STS DNQ with a TR that was due 9/06/12 1 emphasized the need to file his TR He said his personal circumstances prevented him from filing the report and he sounded like he would probably not file the report because he felt he was just going to be fined $5 based on $20 of activity he said he had I stressed that no fine could be levied on a report that had not been filed, but that if he failed to file the report it could possibly end up being a failure to file report situation that could result in a fine up to $1,000 levied by the FEC He stated that he was unable to file the report, that he was not allowed into public buildings any longer, he was removed from the building where the SOE is located (.Jasper, Florida) He stated that he did not believe he had a working internet connection at home. He stated that he was handicapped and could not afford repeated trips into town He' Said certain large business interests in his area have seen to his removal from the SOE-s building, shot up his house and conspired against him with the help of the state attorney's office and local police

30459 9/17/2012 3:55:00 PM mcchellman

test

----!EXHIBIT., b:t~~ltf~-::±/&~5tJ)-----Page 1 of 2 117/2013

Unique 10

26884

RE: Audit Letter Q3 incomplete

Call received hotline

HISTORY NOTES Robert Perrin Burton V - 55381

I ~

Date Recorded Last Edited Date

11/2/2011 9:26:00 AM

Orginally Recorded By

lbelvin

Mr Burton called and explained that he received a audit letter(Q3) and they went into the system and tried to amend the report He said that they were not able to get the changes to update I explained to him that they must make sure that they are working from the amendment( report pending submission) to make the changes. He said that he thought they were but they were at work right now and was unable to work on the report I gave him the instructions on how to amend(update) the report. I explained that once the changes are made they must also have to file this amendment for the changes to update for the public to view He said that they are a little campaign and he knows that he is being watched so he is truly trying to correct this problem as soon as possible Mr Burton said that he would work on this report tonight and he would give us a call back in the morning if he can not get the update to work He thanked me for my help and for making a note in the system

EXHIBIT _ 4 cftt 2.c3) Page 2 of2 1/7/2013

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FLORIDA DEPARTMENT OF STATE

Second Notice

October 2, 20\2

Mr Robert Burton Candidate for State Senator, Distdct .3 7678 Southwest 46th Avenue Jasper. FL 32052-?052

Dear M1 Burton:

Ken Detzncr Secrctm y of State

DIVISION Of. ELECTIONS

YoU! campaign treasurer's rep01t, due September 6, 201.1 .. has not been received

Section 106.07(8)(b), Florida Statutes, requires that the filing of!\cer immediately notily you of the failure to file said report The line for termination reports for candidates, shall be $50 per day lor each late day. not to exceed 25 percent ofthe total receipts or expenditmes, whichever is greater, for the period cove1ed by the late rep01t

The first notice of the fidlure to file the above mentioned report was mailed, via regular mail, to the add1ess on file with our office on September 13,. 2012 As of this date, we do not show a record of receiving this report

lfthe report is not received in our office within 14 days ot the date this notice is received, our office will tef'er this matter to the Florida Elections Commission for furthe1 action Section 1 06..265( I), Florida Statutes, amhorizes the Florida Elections Commission, upon finding a willful violation of Chapter I 06, Floiida Statutes, to impose a civil penalty of up to $1,000 pe1 count

If you have any questions. please do nor hesitate to contact Theresa Holdeen at (850)245-6250

Sincerely,

d);\-<--~-~'--~-;··~ Kristi Reid Bronson, Chief Bureau of F:\ectiun Records

cc: Kathrine Ann Scott. Treasurer 7678 Southeast 46 Avenue Jasper, f L 32052

The R A Gray Building-Room 316 • 50,0.~~til8f!"r"ugh Stree Tallahassee Fl 32399-0250 a (850) 245-6240 FAX: (350)245-6260 • WWW A~MifMw"'"''""'"""i'll!ill.o;,__-f:,ym,i/ DivEiections!ii;dos state (I u1

Holdeen, Theresa A.

From: Sent: To: Subject: Attachments:

Importance:

To: Mr. Robert Burton Ms. Kathrine Scott

/

I

Holdeen, Theresa A Tuesday, October 16, 2012 10:32 AM 'rburtonvs@gmailcom'; 'kathrinescott63@gmail com' #55381 Robert Burton- 2012 Termination Report- NOT FILED #55381 Robert Perrin Burton (2012 TR- FF) 1st Notice pdf; #55381 Robert Perrin Burton (2012 TR - FF) 2nd Notice. pdf

High

Attached are copies of previously mailed notices the Division has mailed to you regarding the 2012 Termination report which to date, you still have not filed Even though you did not qualify, Florida Statutes states you must file a termination repor·t, even if you had no financial activity ..

Please file this report immediately, to avoid referral to the Florida Elections Commission .. The Florida Elections Commission can impose civil penalties of up to $1000 per violation

If you need assistance filing this report, please contact the Division's Help Desk Line at (850) 245··6280

Thank you in advance for your immediate attention to this matter.

Regards, Theresa Bureau of Electron Records

EXHIBIT 1

Whistleblower Bob Burton released from prosecution by the state» Jasper News» Suwan.... Page 1 of3 r r

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Search

Whistleblower Bob Burton released from prosecution by the state

February 21, 2013

Bob Burton and Cathy Scott Courtesy photo

(http://suwanneedemocrat.com/jasper/x195204933( -Bob-Burton-released-from-prosecution-by-the-state)

Joyce Marie Taylor Suwannee Democrat (http://suwanneedemocrat.com)

Jasper- Robert P (Bob) Burton whose home was raided in January, 2011 by agents from the Florida Department of Law Enforcement (FDLE), and then arrested five months later and charged with illegal wiretapping, was released from prosecution by the Third Circuit State Attorney's Office via a Notice of Nolle Prosequi on Jan. 22, 2013, because the victim in the case had relocated and could not be found ..

The raid

Burton's troubles began at 7:30a.m. on Jan. 14, 2011 when FDLE officers, assisted by the Hamilton County Sheriffs Office, raided the home he shared with his wife Kathy Scott on suspicion of illegally taping a telephone conversation with a state legislative aide. No arrests were made at their 7676 S .W 46 Ave .. residence in Jasper at that time, but a camcorder, cell phone and laptop computer were seized by the FDLE.

Burton had made claims that he had information concerning illegal activities

5/3/2013

Whistleblower Bob Button released from prosecution by the state» Jasper News » Suwan. ... Page 2 of3 , ~·

1.

Burton, a deadhead logger at the time, said he happened upon illegal activities by the Florida Department of Environmental Protection, specifically the dumping of toxic waste into protected areas. His taped phone conversation with Tyson, he said, contained statements from Tyson implicating state officials ..

Burton stated at the time, 'We're just trying to expose the crime .. We put the name to the act"

Burton and his wife say Agenda 21, a United Nations course of action to manage growth and the environment, is behind some of the illegal activities he has witnessed ..

Scott, when asked if they had met with skepticism on their claim, replied, 'They'll believe it when their land is taken from them .. "

The arrest

Five months after the initial raid, Burton was arrested without incident The arrest came on Sunday, June 5, at 3:07 p.m. on a warrant issued by the FDLE and Burton was charged with one count of unlawful interception of communication and one count of unlawful disclosure of communication .. He was held at the Hamilton County Jail on a $50,000 bond .. He bonded out a few days later and awaited triaL Then, on Saturday, June 25, a handful of supporters rallied around Burton outside former Third Circuit State Attorney Skip Jarvis's office in Live Oak ..

The Libertarian Party of Florida, who sponsored the event, said Jarvis had been "relentless in prosecuting Burton on wiretapping charges .. " Due to pending prosecution on the case at the time, Jarvis refrained from comment

Release from prosecution

Fast forward to Jan .. 22, 2013 .. Records show that Assistant State Attorney Karen D Hatton of the Third Judicial Circuit filed a Notice of Nolle Prosequi with the Hamilton County Clerk's Office for the 2011 wiretapping case against Burton ending his two plus year ordeal. The notice stated that the Office of the State Attorney, to best serve justice, declined to prosecute Burton because ''The victim has relocated and cannot be found ....

County commission meeting

Burton was on the agenda at the Feb .. 19, meeting of the Hamilton County Board of County Commissioners ..

He stated, "Most of y'all know us, my wife and I, as carpenters, but actually we have worked at international trade and building factories and plants all over the world developing businesses .. "

http:/ /suwanneedemocratcom/j asper/x 19 520493 30/ 5/3/2013

Whistleblower Bob Bruton released fiom prosecution by the state » Jasper News » Suwan ... Page 3 of3 ; '

Burton continued, saying, "What we do has to do with land use and envimnmPnl

What he and his group are trying to present, Burton said, has to do with the industry and the state, public/private partnerships, regional government, consol inter-governmental workings, all of which he says are illegal doctorates.

Burton said the state's lawsuit against him was being used to subdue people like him from exposing the international and multi-national corporations who are behind these illegal doctorates ..

Various news sources reported last year on a study done by a nonprofit organization called Integrity Florida, who claim Florida is the most politically corrupt state in the country.

Burton said he is concerned about bid rigging at the county leveL He and his small team of people, he added, would like to show the commissioners who they are, what they do, who they're exposing and who they're associated with, as well as what their intentions are

"How un-American, unconstitutional it is, how unlawful, having to do particularly with Florida Statutes, Chapter 876, which will include your oath and all the way to treason against the state, moving part of the people from part of the state, and that sort of thing," he said.

Burton said he wants to give the commissioners the information and let each one of them decide if they want to continue taking part in a regional form of government rather than our constitutional form of government

"At that point we can work from there to decide who we work with to re-establish businesses in this community," Burton said. "What I'm talking about has to do with why Jasper is a ghost town, why every town is a ghost town and why our country is going bankrupt We believe we can bring economic growth to Hamilton County without having to reach into the pockets of our grandchildren .. "

Burton said he knows most of the commissioners, other than their duties with the county, and that if they knew all that was going on they would do the right thing for everyone ..

"Next time we come in, I'll come in with a team and some documents for all of you to look at," Burton said. "But we're free. They folded the case against me .. We'll be getting our information back. That will help a lot"

Suwannee Democrat 211 Howard Street East Live Oak, FL 32064

EXHIBIT .. _7 {({1 ~ cf):j) http:/ I suwanneedemocrat. com/j aspe!lx 19520493 30/Whistleb lower-Bob-Bruton-released-fro 5/3/2013

" I

FLORIDA ELECTIONS COMMISSION PHONE LOG

Case No.: FEC 13-028

Respondent: Robert Penin Burton V

Complainant: Division of Elections

1. Date and time: 07/02/13 @ 1 :53 p.m Name: Respondent Phone#: (386) 928-4918 Summary: I tJied calling Respondent for the purpose of inquiring as to the status of a questionnaire-affidavit that was mailed to him on June 7 and was due on June 24, 2013 I left a message on the voice-mail explaining the purpose of my telephone call and asked him to return my call at his earliest possible convenience. Memo to File? No Entered by: KS

2 Date and time: 07/02113@ 3:02pm. Name: Respondent Phone#: (386) 928-4918 Summary: Respondent returned my call from earlier.. I explained the purpose of my call to him in that I was calling relative to a refenal from the Division concerning him not filing his termination report

Respondent began explaining that his home had been raided by FDLE agents as a result of him exposing conuption by the Department of Environmental Regulation. He said that as a result of the raid his computer, cell-phone and camcorder were seized, his house was shot-up and agents, with guns, forced his wife from the shower He began to express his displeasure with the government and his belief that the State of Florida is a criminal organization. He added that most of his records from his computer have been destroyed by the government and that his e-mail and regular mail are being "intercepted." He said the post-master general is part of the conuption of government and that he can't be assured that his mail ever reaches its intended target

When asked, Respondent did acknowledge that his 2012 campaign was his first campaign for public office and that he did read Chapter I 06 and the Candidate Handbook "to the best ofmy ability" I brought it to his attention that he filed his 2012 Ql report on April 3, 2012 and his termination report was due five months later on September 6, 2012.. When asked, he claimed he was unable to file the report because he was under indictment from FDLE and they monitored his every move, he was barred from entering public buildings, he had no working internet connection at his home and even claimed that his father died and he was unable to attend his father's funeral.

He began to express his displeasure with the Division and claimed that he was suing the Division for dereliction of duty and that he would love for the Division to drag him to court so that he could expose the Division for their improprieties; however he did not elaborate by what he meant He said that he was not wasting any more time with this

InvOOI (10/07) EXHIBIT -·--8 Gf3· I J;v

/'

matter and that he was tluough with the Division. He went on to add that he intends to waive any right to a hearing on this matter and reiterated his displeasme with the Division and elected government officials saying that if state officials, state agencies including the Division, can get away with breaking the law and not be punished, he should have the same rights to thumb his nose at the law just like the Division and elected officials thumb their noses when breaking the law. Memo to File? No Entered by: KS

3 Date and time: Name: Phone#: Summary: Memo to File? No Entered by:

4 Date and time: Name: Phone#: Summary: Memo to File? No Entered by:

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

6 Date and time: Name: Phone#: Summary: Memo to File? No Entered by:

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

8 Date and time: Name: Phone#: Summary:

1NV001 (12/01)

EXHIBIT e (@ 2ee 2) 2 /

nd 3. AIS<> cc>molete item 4 if ..... elivery is

• Print your name and address on the reverse so that we can return the card to you.

• Attach this card to the back of the mai/piece, or on the front if space permits.

deliVery address different from Item 1?

gDfuFF1hn'A) If YES, enter delivery address below: 0 No

Cl Express Mail

l Co l8 G1J 4 b +h AVt:, JASper; ~L;,~Gb~ [J Return Receipt for Merchandise

2.. Article Number (Transfer from service la.bt. 7004 2510 0001 4739 6036

PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540

..a m CJ ,..tJ

U.S. Postal Service™ ' ~ ~~\: •"' ,,

'CERTIFIED MAIL:.,. RECEIPT '' '

(Domestic Mail Only; No Insurance Coverage Provided)

;i,. ,. ' " ~ ' ·~

IT m I'-

0 F F I c I A L u s E .:::r

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Postage $ /~Dd8 . .:: · Certified Fee

CJ CJ Return Receipt Fee Postmark

(Endorsement Required) Here

CJ r'l 1.0 n.J

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Restricted Delivery Fee (Endorsement Required)

~1»{13 Total Postage & Fees $

CJ •CJ

ll:ientTo

I'- SfrOSCAiifNO:;·····----------------------.. ---------·-----·············-~·-············ or PO Box No. Cit,Y."Si8hi.~ZiP+4··················---····· ..............................................

~s Form, 3800, J,U,rie 2002 , ' ' 1 ;I c.·~, '_, ~ "': see R~vets'C)ol- lnstr~cuOOs."

FLORIDA ELECTIONS COMMISSION 107 W. Gaines Street,

Suite 224 Collins Building Tallahassee, Florida 32399-1050

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

April29, 2013

CERTIFIED MAIL 70042510000147396036

Robert Penin Burton V 7678 SW 46'h Avenue Jasper, FL 32502

RE: Case No.: FEC 1.3-028; Respondent: Robert Perrin Burton V

Dear Mr. Burton:

On January 8, 2013, the Florida Elections Commission received a referral from the Division of Elections alleging that you violated Florida's election laws. I have reviewed the referral and find that it contains one or more legally sufficient allegations.. The Commission staff will investigate the following alleged violation:

Section 106.141(1), Florida Statutes: Robert Penin Burton V, candidate for Florida State Senate, District 3, failed to file his 2012 Termination Report reflecting the disposition of all remaining campaign funds, after notice from the Department of State, Division of Elections, that the report was due on September 6, 2012.

You may respond to the allegation above by filing a notarized statement providing any information regarding the facts and circumstances surrounding the allegation. If you choose to file a response to the alleged violation, you should do so within 20 days of the date you receive this letter. Your response will be included as an attachment to the investigator's report

When we conclude the investigation, you will receive a copy of the Report of Investigation. You may file a response to the report within 14 days from the date the report is mailed to you.. Based on the results of the investigation, legal staff will make a written recommendation to the C,ommission on whether there is probable cause to believe you have violated Chapter 104 or 106, Florida Statutes You will receive a copy of the Staff Recommendation and may file a response within 14 days from the date the recommendation is mailed to you. Your timely filed response(s) will be considered by the Commission when determining probable cause.

The Commission will then hold a hearing to determine whether there is probable cause to believe you have violated Chapters 104 or 106, Florida Statutes You and the complainant will receive a

ComO!! (10/07)

(

notice of hearing at least 14 days before the hearing The notice of hearing will indicate the location, date, arrd time of your hearing. You will have the opportunity to make a brief oral statement to the Commission, but you will not be permitted to testify or call others to testify, or introduce any documentary or other evidence

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

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

Under section 10625, Florida Statutes, complaints, Commission investigations, investigative reports, arrd other documents relating to an alleged violation of Chapters I 04 arrd 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 However, it does apply to you, the Respondent, unless you waive confidentiality in writing. The confidentiality provision does not preclude you fiom seeking legal counseL However, if you retain counsel, your attorney must file a notice of appeararrce with the Commission before arry member of the Commission staff can discuss this case with him or her.

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

Sincerely,

cc: Division of Elections, Complainarrt!Filing Officer

AMT/darn

ComO 11 (8/08)

Robert Perrin Burton V

DIVISION OF ELECTIONS FEC REFERRAL FORM

Candidate: Robert Perrin Burton V Treasurer: Katherine Ann Scott

. 55381

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) F.S. requires the filing officer to notify the FEC of a candidate's or political committee's alleged failure to file reports as set forth in the notification.

The following reports are outstanding after notification:

2012 TR

Sent By: Kristi Reid Bronson 1 h Date: January 7, 2013 ~l"' I

STATE OF FLORIDA County of Leon

AFFIDAVIT

Theresa Holdeen, 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

3 Robert Perrin Burton V (55381) was a candidate for the office of State Senator, District 3, for the 2012 election cycle. The 2012 termination report (TR) that was due on September 6, 2012 has not been filed

4. On September 7, 2011, Mr. Burton filed the Appointment of Campaign Treasurer and Designation of Campaign Depository with the Division Ms Katherine Scott was appointed treasurer

5.. On September 13, 2012, the Division mailed Mr. Burton notification that the 2012 TR report had not been filed, with a copy mailed to Ms Scott as well.

6. On September 17, 2012, Mr. Chellman, a division employee spoke with Mr Burton about the filing of this report (See attached history notes).

7 On October 2, 2012, the Division mailed Mr Burton a second notice regarding this report. A copy was also mailed to Ms .. Scott

8 On October 16, 2012, this division employee sent an email to Mr Burton, and to Ms. Scott regarding this report (See attached copy of email).

9. On October 16, 2012, Mr Burton called the Division of Elections, and spoke with Mr Chellman (division employee) again regarding this report. (See attached History Notes).

10 As of January 7, 2013, the 2012 Termination Report has not been filed

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

rNV03S (S/00)

PEARUE M. WIWAMS·MATHIS MY COMMISSION I DO 958450

EXPIRES: May 16, 2014 BOttt!ed llltu Notary Public UndeJWriters

c_jJL Q,~nQ,2-,()\. ~ Signature of Affiant

Sworn to (or affirmed) and subscribed before me this

~ay of' January, 201~ _

Sig~atufrftta~~ta.ida Print, Type, or Stamp Commissioned Name of Notary Public

Personally Known____:_,/_· __

Unique ID

30912

HISTORY NOTES Robert Perrin Burton V - 55381

Date Recorded Last Edited Date

10/16/2012 2:33:00 PM 10/16/2012 2:47:28 PM

Orginally Recorded By

mcchellman

Mr. Burton called again today regarding his inability to file his TR He reiterated his issues with no computer, no access to the library due to a disability, he's unable to enter the SOE building due to being restricted from entering by local authorities, and that 16 men with guns from the FDLE came into his house and took his home computers and w~ could read abo.ut it in the newsper I again explained that there was no way we could help him file his TR report until he could contact us while sitting at a computer I also explained the FF process to him again, that the matter would ultimately be referred to the FEC as a FF that could end up in a hearing where he could possibly re-state his story for their review

30871

2012 TR FF:

10/16/201210:31:00AM

Sent the following email to both candidate & treasurer:

taholdeen

Attached are copies of previously mailed notices the Division has mailed to you regarding the 2012 Termination report which to date you still have not filed Even though you did not qualify, Florida Statutes states you must file a termination report, even if you had no financial activity

Please file this report immediately. to avoid referral to the Florida Elections Commission The Florida Elections Commission can impose civil penalties of up to $1000 per violation

If you need assistance filing this report, please contact the Divisions Help Desk Line at (850) 245-6280

Thank you in advance for your immediate attention to this matter

30858

RE: Returned Mail

10/15/2012 4:50:00 PM ljrandolph

MR Burton said that he is banned from every public facility and he doesn't receive any mail because people are intercepting his mail

30462 9/18/2012 8:26:00 AM MCChellman

Cont of yesterday's Note

I stated if he was removed from a pulbic building without cause that he should contact the local law enforcement authorities or possibly the state attorney's office regarding the matter 1 stated that this sounded like a matter that needed to be/is most appropriately handled on the local level He stated that the electoral process was being interrupted and was displeased that someone at the Department of State could not help him gain access to the building in Jasper, Florida that houses his local SOE office I stated that I was doing my best to point him in the right direction to where he could get relief for his public building access issues, but he felt I was not doing enough to solve his ·problems

I helped him best I could He stated that I entered into an oath as a government employee to help the public and that I was refusing to help him He asked and recevied my name_ and stated that he was going to file a complaint against me for not doing my duty as a government employee

30460 9/17/2012 3:24:00 PM mcchellman

Had a long discussion with the candidate, STS DNQ with a TR that was due 9/06/12 I emphasized the need to file his TR He said his personal circumstances prevented him from filing the report and he sounded like he would probably not file the report because he felt he was just going to be fined $5 based on $20 of activity he said he had I stressed that no fine could be levied on a report that had not been filed, but that if he failed to file the report it could possibly end up being a failure to file report situation that could result in a fine up to $1,000 levied by the FEC He stated that he was unable to file the report, that he was not allowed into public buildings any longer, he was removed from the building where the SOE is located (Jasper, Florida) He stated that he did not believe he had a working internet connection at home. He stated that he was handicapped and could not afford repeated trips into town He· said certain large business interests in his area have seen to his removal from the SOE s building, shot up his house- and conspired against him with the help of the state attorney's office and local police

30459 9/17/2012 3:55:00 PM mcchellman

test

Page 1 of 2 117/2013

Unique ID

26884

RE: Audit Letter 03 incomplete

Call received hotline

HISTORY NOTES Robert Perrin Burton V - 55381

Date Recorded Last Edited Date

11/2/2011 9:26:00 AM

Orginally Recorded By

lbelvin

Mr Burton called and explained that he received a audit letter(Q3) and they went into the system and tried to amend the report He said that they were not able to get the changes to update I explained to him that they must make sure that they are working from the amendment( report pending submission) to make the changes He said that he thought they were but they were at work right now and was unable to work on the report I gave him the instructions on how to amend(update) the report. I explained that once the changes are made they must also have to file this amendment for the changes to update for the public to view He said that they are a little campaign and he knows that he is being watched so he is truly trying to correct this problem as soon as possible Mr Burton said that he would work on this report tonight and he would give us a call back in the morning if he can not get the update to work He thanked me for my help and for making a note in the system

--···--

Page 2 of 2 1/7/2013

Holdeen, Theresa A.

From: Sent: To: Subject: Attachments:

Importance:

To: Mr Robert Burton Ms Kathrine Scott

Holdeen, Theresa A Tuesday, October 16, 2012 10:32 AM 'rburtonvs@gmail com'; 'kathrinescott63@gmail com' #55381 Robert Burton - 2012 Termination Report- NOT FILED #55381 Robert Perrin Burton (2012 TR- FF) 1st Notice pdf; #55381 Robert Perrin Burton (2012 TR- FF) 2nd Notice .pdf

High

Attached are copies of previously mailed notices the Division has mailed to you regarding the 2012 Termination report which to date, you still have not filed .. Even though you did not qualify, Florida Statutes states you must file a termination report, even if you had no financial activity ..

Please file this report immediately, to avoid referral to the Florida Elections Commission. The Florida Elections Commission can impose civil penalties of up to $1000 per violation.

If you need assistance filing this report, please contact the Division's Help Desk Line at (850) 245··6280

Thank you in advance for your immediate attention to this matter

Regards, Theresa Bureau of Election Records

1

FLORIDA DEPARTMENT OF STATE

Second Notice

October 2, 2012

Mr Robert Burton Candidate for State Senator, District 3 76 78 Southwest 46th Avenue laspet. FL 32052-2052

Dear Mr Burton:

Ken Detzncr Secn.:truy <JJ' State

DIVISION OF ELECTIONS

Your campaign treasurer's report, due September 6, .:!0 1 .:!. has not been received

Section I 06 07(8)(b), Florida Statutes, requires that the filing officer immediate!~ notify you of the fililure to file said report The fine for termination reports for candidates,. shall be $50 per day for each late day. not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late 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 September 13.. 2012 As of this date, we do not shov. a record of receiving this report

If the report is not received in our office within 14 days ot the date this notice is received, our office will refer this matter to the Florida Elections Commission for further action Section 1 06 . .265( I), Florida Statutes. atrthorizes the Florida Elections Commission, upon finding a willful violation of Chapter I 06, Florida Statutes, to impose a civil penalty of up to $1,000 per count

lfyou have any questions .. please do not hesitate to contact Theresa Holdeen at (850)245-6250

Sincerely,

~;LA-A-~~-;·~ Kristi Reid Bronson, Chief Bureau of f:.lection Records

cc: Kathrine Ann Scott, Treasurer 7678 Southeast 46 Avenue

Jasper, f L 32052

The R A Gray Building-Room 316 • 500 South Bronaugh Street • T'a!lahassee FL 32399-0250 • (850) 245-6240 FAX: (850) 245-6260 e WWW Address: http://www.dos.sratdl us e E-Mail DivE!ectiom<a;do.s state flu'

FLORIDA DEPARTMENT OF STATE

September 13 .. 10 I 2

Mr Robert Btnton Candidate for State Senator, District 3 7678 Soutlmcst46tlr Avenue Jasper, FL. 32052 .. 2052.

Dear Mr Bmton:

Ken Dctzncr Sccretm~ of State

DIVISION OF ELECTIONS

YoUI campaign treasurer's repoJt, which was due September 6, 2012, has not been received

Section I 06 07(8)(b), Flmida Statutes, requires tlrat the filing officer immediately notify you of the failure to file said report The fine for termination reports for candidates, shall be $50 per day for each late day, not to exceed 25% of the totalreeeipts or expenditures, whichever is greater, for the period covered by the late report

Once your tepott is filed, this office will notify you of the specific amount ofyour fine Fines must be paid to the filing officer within 20 days oft-eceipt 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 tail to file a report, the division will turn the matter over to the Florida Elections Commission

If )Oll have any questions, please do not. hesitate to contact l heresa Holdeen at (850)245-6250

Sincerelv,

d~) ~-~ ~L;_;-iJ_ Kr isti Reid Bronson, Chief Bureau of Election Records

cc;: Kathline Ann Scott, Treasurer 7678 Southeast 46' Avenue Jasper F L .12052

The R A Gray Building-Room 316 • 500 South Bronaugh Street • Tallahassee H 32399-0250 • (850) 245-6240 !·:AX: {8)0) 2.45··6260 • VI'\-\"\\' Add!·t·ss: http://ww"' dos .. state ll.us e £-1\1ail Dtv£'feaiomrii';,dos state fl. us

.,., ., .....-: ~

APPOINTMENT OF CAMPAIGN TREASURER ,..... '"' ......... ·-: 1 ' I ~ n ' <.;' .... t .., ...... _ ..... -

AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDIDATES 11 SEP -7 AMIO:I7

(Section 106.021(1}, F S}

(PLEASE PRINT OR TYPE} DlV 1~iuil t•f ELEC1!0HS SECRETARY OF STATE

NOTE: This form must be on file with the qualifying officer before opening the campaign account. OFFICE USE ONLY

1. CHECK APPROPRIATE BOX(ES}:

J&l Initial Filing of Form Re·filing to Change: 0 Treasurer/Deputy 0 Depository D Office 0 Party

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

ROBERT PERRIN BURTON V code}

-------· --·-- 7678 SW 46 AVE. 4 Telephone 5. E-mail address JASPER FLORIDA (386 } 938·4918 rburtonvs@gmail .. com 32052

-·-- -·---· 6 Office sought (include district, circuit, group number} 7 .. If a candidate for a nonoartisan office, check if

FLORIDA STATE SENATE DISTRIC13 applicable:

0 My intent is to run as a Write··ln candidate 1---·-- -----· ·~--- ·---

8. If a candidate for a partisan office, check block and fill in name of party as applicable; My intent is to run as a

0 Write .. ln D No Party Affiliation D REPUBLICAN Party candidate

9. I have appointed the following person to act as my lXI Campaign Treasurer D Deputy Treasurer , _____ --------··-··-··

10 Name of Treasurer or Deputy Treasurer

KATHRINEANN SCOTT ---------------·----------·· ------11. Mailing Address 12 Telephone

7678 SE 46 AVE ( 386 ) 938 4918 --·- ----·· ~------·-13 City 14 County 15. State 16 Zip Code 17 E-mail address

JASPER HAMILTON FLORIDA 32052 kathrinescott63@gmail.com

18 I have designated the following bank as my ~ Primary Depository 0 Secondary Depository

19 Name of Bank 20 Address

~K OF AM ERIC~---· 105 NE 2ND AVE. .. 21. City 22 County 23 State 24. Zip Code

JASPER HAMILTON FLORIDA 32052

UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY AND THAT THE FACTS STATED IN IT ARE TRUE

----25. Date

26 Sig~_f~d;? , SEPTEMBER 2, 2011 X~ vr_~, 27 Treasurer's Acceptance of Appointment (fill in the blanks and check the appropriate block)

I KA";:I+P.. tNt:" /_\ .. .S.C o1T. , do hereby accept the appointment -(Please Print or Type Name}

designated above as: IE] Campaign Treasurer 0 Deputy Treasurer

5€:Pf, 2 2011 X ~ ;reasurer or Deputy Treasurer Date --OS-DE 9 (Rev .. 10/10} Rule 1S·2 .. 0001, F A.C.

' !

-·--·-----

STATEMENT OF CANDIDATE

(Section 106.023, F .. S .. )

(Please print or type)

I, Robert Perrin Burton V ______ _

candidate for the office of .State Senator

have been provided access to read and understand the requirements of

Chapter 106, Florida Statutes ..

X HtrL 7?;, ____ ---._-Signature of Candidate

September 13, 2Q1j_ Date

Each candidate must file a statement with the qualifying officer within 10 days after the Appointment of Campaign Treasurer and Designation of Campaign Depository is filed. Willful failure to file this form is a first degree misdemeanor and a civil violation of the Campaign Financing Act which may result in a fine of up to $1,000, (ss. 106 .. 19(1)(c), 106 265(1), Florida Statutes).

OS-DE 84 (05/11)