Co w minor vio.pdf

STATE OF FLORIDA
FLORIDA ELECTIONS COMMISSION
In Re: Allegra W. Murphy
__________________________________________/ CONSENT ORDER
The Respondent, Allegra W. Murphy, and the Florida Elections Commission (Commission) agree that this Consent Order resolves all pending issues between the parties in this case. The parties jointly stipulate to the following facts, conclusions of law, and order. FINDINGS OF FACT
The Respondent is Allegra W. Murphy, a candidate for the Oakland Park City On March 11, 2003, the Commission received a sworn complaint alleging that the Respondent violated the following section of the Florida Election Code: Section 106.143(1), Florida Statutes, Failure of a person to mark all political advertisements as a “pd. pol. adv.” or a “paid political advertisement” and to identify the sponsor; Section 106.143(4)(a), Florida Statutes, failure of a person to state on a political advertisement by a candidate that the content of the advertisement was approved by the candidate and the identity of the person who paid for the advertisement; and Section 106.143(5), Florida Statutes, failure of a candidate who is not the incumbent to use the word "for" in his political advertisement between his name and the office for which he is running. No other legally sufficient violation of Chapter 104 or 106, Florida Statutes, was The Respondent against whom the complaint was filed has not been notified of an allegation of the same violation before the conduct about which the complaint was filed. If the alleged violation occurred less than 14 days before the election in which the Respondent is participating, the complainant did not allege that the political advertisement was either deceptive or influenced the outcome of the election. The Respondent used her name in the political advertisement. CONCLUSIONS OF LAW
The Commission has jurisdiction over the parties to and subject matter of this cause, pursuant to Section 106.26, Florida Statutes. The Commission considers the allegation(s) contained in the complaint a minor violation, pursuant to Rule 2B-1.003, Florida Administrative Code. The Respondent neither admits nor denies that she violated Section(s) 106.143(1), 106.143(4)(a), and 106.143(5), Florida Statutes. The Respondent and the staff of the Commission have entered into this Consent Order voluntarily and upon advice of counsel. The Respondent shall bear her own attorney fees and costs that are in anyway The Respondent understands that before the Consent Order is final agency action the Commission must approve it at a public meeting. After approval, the Consent Order is final agency action of the Commission on the violations listed in the Order of Probable Cause. The Respondent voluntarily waives the right to any further proceedings under Chapters 106 and 120, Florida Statutes, and the right to appeal the Consent Order. The Respondent will carefully review Chapter 106, Florida Statutes, and avoid The Respondent agrees to correct immediately her political advertisements and in the future mark all political advertisements as a “pd. pol. adv.”, or a paid political advertisement” and to identify the sponsor, state on a political advertisement that the content of the advertisement was approved by the candidate and the identity of the person who paid for the advertisement, and use the work “for” in a political advertisement between the name and the office for which the candidate is running. If the Commission does not receive the signed Consent Order and the fine within 25 days of the date you received this order, the staff withdraws this offer of settlement and will proceed with an investigation of the allegations in the complaint. The Respondent shall remit to the Commission a fine in the amount of $550.00. The fine shall be paid to the Florida Elections Commission, 107 W. Gaines Street, Collins Building, Room 224, Tallahassee, Florida, 32399-1050, as a condition precedent to the Commission's execution of this Consent Order. The Respondent hereby agrees and consents to the terms of this Consent Order on
__________________________________________ Allegra W. Murphy 2900 NW 24 Avenue Oakland Park, Florida 33311 The Commission staff hereby agree and consent to the terms of this Consent Order on
__________________________________________ Barbara M. Linthicum, Executive Director Florida Elections Commission 107 W. Gaines Street Collins Building, Suite 224 Tallahassee, FL 32399-1050 Approved by the Florida Elections Commission at its regularly scheduled meeting held on May 21 and 22, 2003 in Tallahassee, Florida and filed with the Clerk of the Commission on ______________________________, 2003, in Tallahassee, Florida. __________________________________________ Chance Irvine, Chairman Florida Elections Commission 107 W. Gaines Street Collins Building, Suite 224 Tallahassee, FL 32399-1050 Barbara M. Linthicum, Executive Director Allegra W. Murphy, Respondent

Source: http://www.fec.state.fl.us/Final%20Orders/2003/170.pdf