In Re: Ashley Gilhonsen

TO: Ashley Gilhousen 550 Pin Oak Circle

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

Case No.: FEC 14-224

Clay County Supervisor of Elections Attn: Chris H. Chambless

Green Cove Springs, FL 32043 500 N Ornnge A venue Green Cove Springs, FL 32043

NOTICE OF HEARING (AUTOMATIC FINE)

A hearing will be held in this case before the Florida Elections Commission on October 29, 2014, at 8:30 am, or as soon thereafter as the pm ties can be hemd, 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 I 06.25, Florida Statutes, which governs your participation as follows:

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

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

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

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

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

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

/I11!)1 9'tc'l(ee-ver 'loman Executive Director Florida Elections Commission October 13, 2014

Please refe1 to the info1mation below for fmther instructions related to your patticular heating:

If this is a heating to consider an appeal from an automatic fine, the Filing Officer has imposed a fine on you for your failure to file a crunpaign treasurer's repo1t on the designated due date and, by filing an appeal, you have asked the Commission to consider eithe1 (1) that the report was in fact timely filed; or (2) that there weie 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 patt The Commission may reduce a fine after conside1ing the factors in Section 106 265, Flo1ida 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 healing to consider a consent order before a determination of probable cause has been made, the Commission will decide whethe1 to accept or 1eject the consent ordei 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 01 deny the consent order, the case will remain confidential, unless confidentiality has been waived

If this is a heating to considei a consent order after a determination of probable cause has been made, the Commission will decide whether to accept 01 reject the consent orde1 If the Commission accepts the consent order, the case will be closed If the Commission rejects the consent order 01 does not make a decision to accept or deny the consent order, the Respondent will be entitled to another heating to dete1mine 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 ofFlo1ida's election laws Respondent should be prepated to explain how the staff in its recommendation inconectly applied the law to the facts of the case Respondent may not testify, call others to testify, or introduce any documentary or other evidence at the probable cause hearing The Commission will only decide whethe1 Respondent should be charged with a violation and, before the Commission dete1mines whether a violation has occuned or a fine should be imposed, Respondent will have an opportunity for another heating at which evidence may be introduced.

If this is an informal hearing, it will be conducted pursuant Sections 120.569 and 120.57(2), Floiida Statutes; Chapte1 28 and Commission Rule 2B-1 004, F101ida Administrative Code .. At the heating, the Commission will decide whether the Respondent committed the violation(s) chatged in the Order of Probable Cause. The Respondent will be pe1mitted to testify .. However the Respondent may not call witIIesses to testify.

Respondent may argue why the established facts in the Staff Recommendation do not support the violations chatged in the Order of Probable Cause At Respondent's request, the Commission may determine whether Respondent's actions in the case we1e willful The Respondent may also address the appropriateness of the recommended fine If Respondent claims that his limited 1esources make him unable to pay the statutory fine, he must provide the Commission with written proofoj his financial resources at the hearing A financial affidavit form is available from the Commission Clerk

FLORIDA ELECTIONS COMMISSION CASE REPORT

Case Number: FEC-14-224

NAME: ASHLEY GILHOUSEN

DAI E APPEAL RECEIVED: 811114

DAIE HEARINGREQUESI RECEIVED: NIA

DAIE REPORI DUE: 7/11/14 (2014 P2)

DAIEOF ELECIRONIC RECEIPI: 7115/14

DAIE FILING OFFICER RECEIVED REPORI: 7/15/14

NUMBER OF DAYS LAIE: 4

AMOUNI OF FINE: $575.00

:G~I!)A.1ii [ :X l tR'CT1·· .. •· .. ~~C(E [] . PdurrcALPARrv r i

FINE BASED ON: ( •• ) NUMBER OF DAYS (X) 25% OF RECEIPTS ( .. ) 25% OF EXPENDITURES

TOI AL RECEIPIS FOR REPORIING PERIOD: $2,300 00

TOI AL EXPENDIIURES FOR REPORIING PERIOD: $157 50

DAIE OF Fmsr NOIIFICAIION: 7/14/14

SUMMARY: Ashley Gilhousen was a candidate fo1 Clay County School Board, District 5 in the 2014 elections. Joanne Register was he1 treasure1

Ashley Gilhousen is appealing the fine claiming that she submitted he1 rep01t on the due date According to Ms Gilhousen, he1 treasure1, Joanne Registe1, filed the report on 7/11/14 at 11: l 4pm and received a confirmation number .

• The 2014 P2 Repo1t covers the peiiod from 6/21/14-7/4/14; it was due on 7/11/14 • The 2014 P2 filing repo1t reflects that this repo1t was filed on 7/15/14 • Ms Gilhousen reported receiving 8 contiibutions, while making 2 expenditures • Ms. Gilhousen has attached a copy of the confirmation page from her treasu1e1, Ms Registe1 • An email history is also in the file This includes emails to and from Ms. Gilhousen, Joanne Register

(Ireasure1), Chris Chambless (Clay County SOE), Linda Hoover (Filing Officer), Gary Holland (DOE representative), and VR systems (Electronic filing system)

** I conducted a telephone interview with Ms Gilhousen on 9118/14 Ms Gilhousen confi1med that eve1ything was complete and had no additional information to add to he1 appeal

PRIOR CASES: None

Chronology of Events involved in Filing Report Period 6-21-14 thru 7-4-14 Due by Midnight 7-11-14

Campaign Candidate: Ashley Gilhousen, Clay County School Board District #5 Campaign Treasurer: Joanne Register

'

• Treasurer spoke with Candidate on July gth to get final reporting data for above reporting period

• Candidate was awaiting final information from one donor so that report could be done • Treasurer left to go out of town Wednesday July 9th for a huge family event • Treasurer received final information from Candidate for report on Thursday, July 9th • Treasurer did not have access to computer to do report until Friday July 11th

• At 11:14 p.m. on 7-11-14 Treasurer submitted report to Supervisor of Elections Office and

'

received a assigned confirmation and report that the report had been submitted (See Attached) Treasurer prepared this period's report from an Apple Computer of relative and not at her business office where she normally files periodic reports

C) Cl

-

The following are details of how report was filed: 1 Treasurer entered Contributions 2. Treasurer entered Expenditures 3. Treasurer entered In-Kind Contributions 4. Treasurer went to Electronic Filing screen to prepare totals, clicked the screen box

to do so, received a draft report as she normally does, then went to the screen to do final review.

5. After clicking screen box for final review, Treasurer went to the Assignment of pin #s and entered Candidates Pin# and Treasurer's Pin#; (Please note that candidate previously gave authority to Treasurer to pin reports for Candidate and Treasurer for final filing purposes)

6. After entering both pin #'s, Treasurer clicked on "Assign Pin" and was kicked back into the screen from #4 above When Treasurer attempted to Print Submitted Copy of Report that does not have "draft" in background of report as Treasurer normally does, the Following message appeared "This report has already been submitted and was assigned Confirmation #1068111 dated 2014-07-11 23:14:58"

I would ask Elections Office to understand that this is the third candidate race that Treasurer has been Campaign Treasurer, and Treasurer has never had this report come up before and has gone through same procedures every month Never has Treasurer had a late filing.

Any reasonable person (of which Treasurer is a Degreed Accountant filing various tax return/financial reports .... Le.Department of Revenue tax returns for 34 years, knows that WHEN a report comes back from Agency of filing with an assigned confirmation AND a number and a time that this is all one needs for proof of timely

. ofiling. ~i,,-· Q_

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• Candidate called Treasurer on Monday to say that Supervisor's office instructed her that the report was not filed Treasurer (who was still out of town at family event) snapped a picture of the "Confirmation Report" and instructed Candidate that the Supervisor's Office is not open on weekends and that they must not have accepted the report yet, Treasurer reassured Candidate that all was done properly and confirmation is proof. Candidate said OK.

• Treasurer returned from her trip on Monday night, July 13'h .. On Tuesday, July lS'h, Candidate received a call from Supervisor's office to discuss report not being there .. Candidate called Treasurer and then Treasurer spoke with Linda Hoover, Assistant to Supervisor of Elections. Joanne has spoken many times with Ms Hoover over the years in which Treasurer has served as Campaign Treasurer Thus, Ms .. Hoover and Treasurer had years of on-going conversations

• Treasurer explained to Ms. Hoover the entire sequence of events above.

• Ms Hoover said that she would look into matter further Then in a second phone conversation with Ms .. Hoover, Treasurer explained to her that she did not want to Pin the report again, as it would appear as though we were filing late .. Ms Hoover instructed that she did not know how the software would react so SHE INSTRUCTED TREASURER TO "RE-PIN" REPORT AND THERE WAS A GOOD CHANCE THAT THE REPORT WOULD COME BACK WITH A 7-11-14 DATE".

• Treasurer did as instructed by Ms. Hoover and re-pinned the report.

• Now we have a report that says "Submitted on: 7-15-1412:29:22"

Please know that IF Treasurer had known that report was going to show a late filing that TREASURER would NOT have re-pinned it and would have entered a plea of protest to the software

Candidate and Treasurer respectfully request that this appeal be brought before The Florida Elections Commission for waiving of fine.

Date Signed

asurer for Ashley Gilhousen Date Signed

<Candidate Reporti!19 - Main Menu>

Create Final Report For Review Candidate : Ashley Gilhousen ( 448) Office : School Board District 5

Report Period 06/21/2014-07/04/2014 Due Date 7/11/2014

Contributions $2,600,.00 Expenditures $157,.50

Transfers $0,.00 Distributions $0,.00

This report has already been Submitted and was assigned confirmation #1068111, dated: 2014-07-1123:14:58

Cancel

7/11/14, 11:17 PM

hnps'. / /www voterfocus .com/ws/WScand/candJdate_pb .php?opafile&co. 014&edate= 07 /04 /20 l 4&dhc ... 2122&ctot-2600&etot• l 57 S&ftot ... O&dtot=O Page 1 of 1

July 17, 2014

Ashley Gilhousen 550 Pin Oak Circle

/ ' I . ~

Chris H. Chan1ble§s Supervisor of Elections

Clay County, Florida

Green Cove Springs, FL 32043

Dear Ashley:

According to records in our office your 2014 P2 Financial Report for the period of June 21 through July 4 was due by midnight on July 11, 2014 Our records indicate that it was submitted on July 15, 2014 12:29:22 (eastern time) .. Section 106 0702(7), FS. dictates the amount of the fine .. Your report was submitted four days late so your fine will be $575 (not to exceed 25% of the contributions or expenditures whichever is greater) ..

Section 106 . .0702{7}, FS. states.:

(7)(a) A reporting individual who fails to file a report on the designated due date is subject to a

fine, and such fine shall be paid only from personal funds of the reporting individual.. The fine shall be

$50 per day for the first 3 days late and, thereafter, $500 per day for each late day, not to exceed 25

percent of the total receipts or expenditures, whichever is greater .. The fine shall be assessed by the

supervisor, and the moneys collected shall be deposited into the general revenue fund of the political

subdivision.

(b) The supervisor shall determine the amount of the fine due based upon the earliest of the

following:

1.. When the report is actually received by the supervisor;

2 When the report is postmarked;

3.. When the certificate of mailing is dated;

4.. When the receipt from an established courier company is dated; or

5.. When the report is completed and filed through the electronic filing system, if applicable ..

Such fine shall be paid to the supervisor within 20 days after receipt of the notice of payment due

unless appeal is made to the Florida Elections Commission pursuant to paragraph (c) .. Notice is deemed

complete upon proof of delivery of written notice to the mailing or street address on record with the

supervisor .. Such fine may not be an allowable campaign expenditure and shall be paid only from

personal funds of the reporting individual.

PO Box337 • 500 N .. Orange Ave. (904) 269-63 50 •

• Green Cove Springs, FL 32043 Fax (904) 284-0935

(c) A reporting individual may appeal or dispute the fine, based upon, but not limited to, unusual

circumstances surrounding the failure to file on the designated due date, and may request and is

entitled to a hearing before the Florida Elections Commission, which has the authority to waive the

fine in whole or in part. The Florida Elections Commission must consider the mitigating and

aggravating circumstances contained ins. 106.265(2) when determining the amount of a fine, if any,

to be waived. Any such request shall be made within 20 days after receipt of the notice of payment

due .. In such case, the reporting individual must, within 20 days after receipt of the notice, notify the

supervisor in writing of his or her intention to bring the matter before the commission

(d) The appropriate supervisor shall notify the Florida Elections Commission of the late filing by a

reporting individual, the failure of a reporting individual to file a report after notice, or the failure

to pay the fine imposed. The commission shall investigate only those alleged late filing violations

specifically identified by the supervisor and as set forth in the notification. Any other alleged

violations must be separately stated and reported by the division to the commission under s ..

106.25(2)'

As noted in the emails from our office and the Division of Elections, we do not have

the authority to waive the fine .. Any such request shall be made through the Florida

Elections Commission within 20 days after receipt of the notice of payment due.

Regar~JL~)

~Hoover Voter Services Manager/Filing Officer Clay Elections Office

cc: Joanne Register, Campaign Treasurer Chris Chambless, Clay County Supervisor of Elections Florida Elections Commission

I f

Linda Hoover

From: Linda Hoover Sent: Monday, July 14, 2014 10:39 AM To: Subject:

Candidate-Ashley Gilhousen; Treasurer-Michael Hutchings (AG); regjo@bellsouth net Past due report

Ashley,

Your 2014 P2 Financial Report for the period of June 21't through July 4th was due by midnight on July 11th As of now it has not been received in our office .. Section 106 .. 0702(7) below addresses late reports ..

Section 106 .. 0702(7}, F .S ..•

(7)(a) A reporting individual who fails to file a report on the designated due date is subject to a fine, and such ¥jfi~ {-':·,,-... _ '.-. ' : : :· ' ,- - - .· ,-, ·:--:.: ' :- ,_-, -.- .:~ ': _. '-. _ _-_ .".>·_: :- ·> .:._. --:;:: ~-/-: ___ ' .. -.-; -·:-. :?···.\ :"':·:' ... , -_ .'.' ·: " .... '

§6~fl;~~',pai~'.\:i.nlyfr(lrfipersgn~tfijn.df9t'.t1J~:t~p~[l:if1.i1r:l<!i~l.<J4~l The fine shall be $50 per day for the first 3 days late

and, thereafter, $500 per day for each late day, not to exceed 25 percent of the total receipts or expenditures,

whichever is greater .. The fine shall be assessed by the supervisor, and the moneys collected shall be deposited into the

general revenue fund of the political subdivision ..

(b) The supervisor shall determine the amount of the fine due based upon the earliest of the following:

When the report is actually received by the supervisor;

2.. When the report is postmarked;

3.. When the certificate of mailing is dated;

4.. When the receipt from an established courier company is dated; or

5.. When the report is completed and filed through the electronic filing system, if applicable ..

Such fine shall be paid to the supervisor within 20 days after receipt of the notice of payment due unless appeal is

made to the Florida Elections Commission pursuant to paragraph (c) .. Notice is deemed complete upon proof of delivery

of written notice to the mailing or street address on record with the supervisor .. Such fine may not be an allowable

campaign expenditure and shall be paid only from personal funds of the reporting individual.

(c) A reporting individual may appeal or dispute the fine, based upon, but not limited to, unusual circumstances

surrounding the failure to file on the designated due date, and may request and is entitled to a hearing before the

Florida Elections Commission, which has the authority to waive the fine in whole or in part. The Florida Elections

Commission must consider the mitigating and aggravating circumstances contained ins .. 106.265(2) when determining

the amount of a fine, if any, to be waived .. Any such request shall be made within 20 days after receipt of the notice of

payment due In such case, the reporting individual must, within 20 days after receipt of the notice, notify the

supervisor in writing of his or her intention to bring the matter before the commission.

(d) The appropriate supervisor shall notify the Florida Elections Commission of the late filing by a reporting

individual, the failure of a reporting individual to file a report after notice, or the failure to pay the fine imposed .. The

commission shall investigate only those alleged late filing violations specifically identified by the supervisor and as set

1

/ I

forth in the notification .. Any other alleged violations must be separately stated and reported by the division to the

commission under s 106.25(2) ..

Once your report is received electronically in our office, I will notify you as to the amount of the

fine.. Please note that fines must be paid from the candidate's personal funds, not campaign

funds.. The check should be made out to the Clay County Supervisor of Elections Office to be

deposited in the general fund of the county,

If you have any questions please do not hesitate to contact me ..

Regards,

liHdtt Hoover Voter Services Manager/Filing Officer Clay County Elections Office 500 N .. Orange Ave .. Green Cove Springs, FL 32043 (904)269-6350 Phone (904)284-0935 Fax

2

(

-- ·-· CAMPAIGN TREASURER'S RE.PORT SUMMARY

. ·- ··--.... ··-{1) Ashley Gilhousen OFFICE US·E ONLY ..• - ONLTNE SUBMISSION . Name (2) 550 Pin Oak Cir. [1068111]

-··---------· Submitted on: Address (number and street) Green Cove Spzings, FL 32043 7/15/2014 12:29:22 (eastern)

--·----City, State, Zip Code

' 0 Check here if address has changed (3) ID Number: 448 ----· ··--

(4) Check appropriate box( es):

l!l Candidate Office Sought: School BoaX'd District 5

0 Political Committee (PC) ·-···----""·------0 Electioneering Communications Org (ECO) 0 Check here if PC or ECO has disbanded 0 Party Executive Committee (PTY) 0 Check here if P'rY has disbanded 0 Independent Expenditure {IE) (also q>vers an 0 Check here If no other IE or EC reports w!ll be flied Individual making electioneering communications)

i---------· ··--· ·--·----···- -···-(5) Report Identifiers

Cover Period: From 6 I 21 I 2014 To 7 I 4 /2014 Report Type: P2 --- -- ·--- ----· ·--~Original 0Amendment 0 Special Election Report -· - - -· ,,, .. __ , .... --.. ·-(6) Contributions This Report

' (7) Expenditures This Report

•"

Monetary Cash & Checks $ 2 300 00 Expenditures $ ' • 157 .. 50

' • • -- --· -- --·-·- --· ---··· -- --Loans $ • • 0 00 Transfers to --- -·- ...... _ --

Office Account $ ' ' 0 00

·--·· -- -- --Total Monetary $ • 2 • 300 . 00

.. -··- -·- --· -- Total Monetary $ ' , 152_ " 50 ··-- -- --

In· Kind $ • ' 300 00 -- -···- ··-- -- -· (8) Other Distributions

$ ·-· -··, --·, __ o 00 ·--....... _ .... .. (9) TOTAL Monetary Contributions To Date (10) TOTAL Monetary Expenditures To Date

• $ --- '

__ 23. • .. .Q.25 .~!L $ --··--- ' ·--8 • ... 854 _]'}_

-- - ...... _ (11) Certification

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

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

(Type name) (Type name) -···--· --·

D Individual (only for IE D Treasurer 0 Deputy Treasurer D Candidate D Chairperson (on~ for PC and PTY) or electlonser!ng comm )

x x --·- -···--·---------· Signature Signature

os .. oe 12 (Rev .. 11/13) SEE REVERSE FOR INSTRUCTIONS

-- ""'' ·---· .... .,. ________________ _

.QAMPAlGl\I TREASURER?S: REP0.RT - IT5lllll!ZED 6:01\JTRJSUTIO:lllS

('1) Nam·e ___ .J..s.b.ley Gjlhonsen ---- (2) 1.0 .. lllum'b"er ~4~

6/21/2014 7/4/2014 (S:) 01wer Periad __ I ____ I __ thro.ugh I I (4} Pa-se l e'f l

····- ·····-(5) (7) (B) (9) (1Q) (11:) (12)

________ Dal~ Full Name (6) [last, Sliffi~, First, MldJile)

S~.querrce S!l!!eyt Ad(J.t~s~ & C ntril:>U\OT &on1rl b!1ti!ln In-Kin~ ... _____ Number Ci'" ·""•te,.Zfo e®e ·1•••e Qcouoa~on rv"" Oes.crll>lloi:i ·Amenl:IO'lllllt .Af"llunt

McKinnon, Johnna I ~upv & cc CH $250 0 6/26/2014 602 Chivas Ct $chool

I I orange Park. ft, 320'13 board

l

.... -··-··" .. -- . - ---·-6/26/2014

Rewis, Staci I CH $100 0 12284 Buc:k:s H<1;rb0x· ox s ______ ..1 ____ , ______ Jacksonville ' FL 32225

2

.. --· . ...•. 6/26/2014

Whittington Culber B aw firm CH $500 01

PA, I I 1l2A Pine Street

Green Cove Spga, FL 32043

3 ..

-·--···· . 6/26/2014

Gerwe, Nancy I CH $50 0 13l2 Silver Bell Lane

I I _,···-------··---· .. ········ Flendng lslltnd FL 32003

4

- ······-- ··-···-6/26/2014

Get United Now PAC c ;iac CH $150 0

I ----'--·-·- '111 S Flllgler Orivei Ste SO e West P4lm Beach, F'L 33401

5

--.. --·---·-··- ---------·· -·· ···-· 7/4/2014

Lee-Catherine B ...-epublic CH $250 0 Hicks, SVCS ___ .! __ I 9619 Western Way

' Jacksonville, FL 32256

6

"·---·-·-···-·--·-· ·------·--- --·-··-· --·--··---·-·--6/23/2014

Cordes, Charles H I :ieveloper CH $1,000 01 421 South Summerlin Avenue summit. g::t·

I I Ot·lando, FL 32001

7 __ .. _,. ---·· ··-···· Rizer, Jackie I fr-et:ired IK food for $300 0 6/27/2014 586 Golden Links Dr reception

I I Orange Park, Fl 32073

a

- ·-----· OS-DE 16 (R<,,t.1i/13 )

GAMPAISN T~6ASl:!RER'S RE?©.RT - ITEMIZED E>.'l/PEl'l1Jl1,ITlJ,R,E$ f1) Name. Ashley Gilhousen (~) J.lil,, Number·- 448

6/2l/20l4 7/4/2014 ($)a.over Period ___ ( __ / ___ ,through __ _/ __ / __ ,_ (#) ~e.. l o"f . ___ 1 ____ _

(0) Dale

(.6.)

Full l\lalhe

----w P.urpcse

E~perrdlture Sequence Number

(Last, S.ufflx, Flnst, Ml.lldle) street A~dress &

Cl\)I, State, ;<:Ip CO:de

{.add offic.e se.u~llt If coJttrlbJ.Jtli:nttc.a

can dklatt>) Tlf1''.e Amertdhtent Amount

!-------+------·---·---_61z2014

l

Piryx Inc, g 144 Second Avenue San Francisco, CA 94105

merchant fee MO $57 5

>--·----4------···---------+-·------·--I-------+-----! -----! 6/23/2014 City Green Cove Springs,

Walnut St

2

Green Cove Spgs, FL 3204~ -'---I

·---->---··----------··-

_I I

booth fee MO $100 0

-----+-------.

·--···-·----··----·-- ---·-----·- , __ , ___ _ ..

_ _j__j__

·--l--··----···--------·-

--------·· -·---t----t···-----

__ L _ _L_

·----·--··--·-·---!-----····---· ··----+------!-

·----·--!------------··-- ---+---··--

!--'--'-·· ___________ , _ __J ____ , __ _

·---'---·--OS-DE 14(Rev:1111S )

SEE R:SV.ER"SE FOR INSTRUCTJO.N.S l<NOC"c;)DEV:Al.UES

Linda Hoover

From: Chris H Chambless Sent: Wednesday, July 16, 2014 3:38 PM To: Cc:

jregister@jregco com; ashley gilhousen@yahoo.com Linda Hoover; Lisa Hogan; Robin Conte

Subject: Candidate Reporting System

Joanne and Ashley,

As we discussed last night the system logs show that the system was operating correctly and shows your last status of making the report available for your final review which is the step just prior to the pinning (electronic signing) of the report at 11:14PM on 07 /11/2014 and submitting the official report at 12:29PM on 07 /15/2014

After speaking in great detail with the Florida Department of State, Division of Elections Deputy Director and General Counsel, it has been determined that I do not have the latitude to waive the fine. In the interest of transparency please see all my communications on this subject

Please do not hesitate to contact me directly should I be of further assistance in this matter

Kindest Regards,

Chvwfl. c~ CERA, MFCEP

Supervisor· of Elections Clay County Elections Office 500 N. Orange Ave. Green Cove Springs, FL 32043 (904)269-6350 Phone (904)413-8685 Cell (904)284-0935 Fax WWW .ClayElections.com Follow Clay Elections on Twitter! Become a Fan of Clay Elections on Facebook! View Clay Elections on Flickr Watch the Clay Elections YouTube Channel

////////////////////////////////l/ll!/llll!ll!ll///////l//l/////l////////////////////////////////l///lll/lll//l/l/ll/l///ll!//I /////////////////////////////////////////////////////l///l///////////////////////////////////////////////////////////////////I/ ///Ill/I///

1

Chris:

Regrettably, you have no ability to waive a fine for a late filed report The proper approach is for the candidate to file an appeal of the fine to the Elections Commission per s 106.07(8)(c), F S .. , and let the Commission decide the issue

Regards,

f7ary/: .Holland Assistant Director, Division of Elections Florida Department af State R . .A.. Gray Building, 500 S. Bronaugh Street Tallahassee, FL 32399-0250 Phone: 850-245-6200 Fax: 850-245-6217

Note;· This response is provided for refe1·ence only and does not constitute a formal legal opinion or representation from the Department of State or the Division of Elections .. As applied to a particular set of facts or circumstances, interested parties should refer to the Florida Statutes and applicable case Jaw, and/or consult an attorney to represent their inte1·ests before drawing any legal conclusions or relying upon the information provided.

Florida has a very broad public records law .. Written communications ta or from state officials regarding state business constitute public records and are available to the public and media upon request unless the information is subject to a specific statutory exemption .. Therefore, this email and any that you sent that generated this response may be subject to public disclosure.

From: Chris H. Chambless [mailto:CChambless@clayelections.com] Sent: Wednesday, July 16, 2014 10:18 AM To: Holland, Gary J. Cc: Linda Hoover Subject: FW: FW: Report Importance: High

Gary,

I would like to request your thoughts regarding a candidate reporting situation we have in Clay County Since 2008, Clay County requires the use of an online candidate reporting system which utilizes a unique PIN for the candidate and the campaign treasure to be used as an electronic signature for each report, similar to the EFS required by the State of Florida .. On Monday morning staff performed a cursory review of the candidates reports and found two that were not filed timely and were promptly notified ..

Upon notification, one of the candidate's treasurer responded that they did in fact file timely and provided the attached screen shot in support of their claim However, the screen shot provided is a screen shot of a screen informing the reporting official that the report is ready for their review as a final review just prior to directing the agent of pinning or electronically signing the document which would subsequently submit the document, timestamp the document as submitted and alert our office to the submission .. However, without the pinning

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of the document none of the subsequent steps be performed.. To be transparent, I do want to acknowledge that from the "Electronic Signature PINs" page, if the agent does not complete the form by entering the PINs thus assigning them to the report, and instead hits back in the browser they will be presented with the review screen which has the verbiage in a statement "This report has already been submitted and was assigned confirmation# ...... which the treasurer states was confusing and led her to believe that the process was completed.

The treasurer is asking that given the specifics in the incident that a fine should not be accessed and further that the report should reflect a submission time of 11:14PM -7 /11/2014 ..

I contacted the vendor (See Below) and requested an explanation to the process, the system logs that detail the entries reported above with the associated timestamps, and from my review I see that the system was available and operating correctly, I feel that the treasurer submitted the report for review timely with no subsequent changes to the report but failed to complete the process by pinning the report.

My question to you is given the specifics, do you feel that the fine can be legally waived?

Kindest Regards,

C"fwwtl. c~ CERA, MFCEP

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Hi Chris,

The screen printout that the candidate provided was confirmation that the repo1t was created for review but not submitted with PINs ..

Here is the log of the candidate transactions for the candidate you provided which shows that the report was created on 7 /11/2014 but was not pinned and submitted until today:

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(J:'. l 1-WH !0:55 PM (Eastem) AddCont Con!rib<1tion Added-C\kKi:mon 250.00

07-11-201-! !0:55 PC\liEastern) AddCont CoruributionA<l<kd-R<wis 10000

07·· ll-20H 10 56 PC\! i:Ea,trnii AddC.:>nt Cc>n!ribution A<klcd·Wliil:tington Culb<rt PA 500 00

07-11-2014 m 57 PC\! \Eastern) AddC ont Coombutio:>.Added -Ger<•:e ~O 00

()7 .. J l-·2014 10:59 P"1 (Eruttm) ,\ddCont Coo!ribution Added-Get t:'nilcd '.\:o" PAC: 2$0.00

07·· 11-2014 l Hll P'.\! (Eastern) AddCont C.011ttibution Added··lee .. (atherfae Hicks 250 00

i)7 .. l J .. 2()1 • ! l.02 P'.\f i'F.a><<rn) AddCont Con1nb11tion Added-C01d,·s l 000.00

07-J J ... l()H 11:().! PC\! <Eastern) CdtCont Con!ribution l;xfoted-Gerne 50 iJ()

11' 11· 2014· 1106 P-:Vf (Eastern) AddCont Exs><nditure Added·PQ;.x Inc 57 50

()7 .. Jl-ZOH ll07 P:Vl(Eastcm) AddCont Expenditure Addcd-·Cit;, Green Co'« Springs JOO 00

0'··11·201-l ! l:l l P:V! (Eastern) LdtCont Contributio11 l:pdated Get C'nited ::\o\•, PAC 150 00

07 ··1 l-2014 1 J.i3 P:Vl fEa>t<mj AddCont CM!ribution Added-Rizer 300.00

0'· ll-101 l !U3 ?").! (E.asrem) Stat(upd) 06 Zl 2014 o-· 04101·~ Oi.Jl-1014111.+P:Vf(Eastem) Log)n Su.::c:ess

0611.101JAl;.o.uo1•

g7 l.J;jg,.!.~ .. U;lt~~I ~E115tmy R.P"fC:'.~~t.~.0(5}12014-07 04 .. lO 1 + .. : .. ~.\0~§1.lL .. / u ciled· a

0' ·15· lf.114 10:39 A.'v! (East<niJ Login Success

07-15-·2(114 l !:OS A:Vl (East<m) toi;ln Suc<ess

2Z.:.l~;.1(l).~J2:2~P:V'l .. (E11St<mJ .. Lggln, .... ,.,. Suc.cess .. ! 15· 2014 12:29 P:Vf (Eanem) PNaS<n =106Sl l 1 Rep.ort PNed( 'CA?\l)' 'TRES)

7, 15~2P.H.12:29.P:VL(Eastwi) RptSuq .. Report~;; l 06S.!.lJ) .su'<mitted. Q"j:, 15,.201.; :'.!:03 P:\1 (E~stem) l.oifo Succe~s

When a candidate Creates the Final Report For Review the candidate will see this screen (however the report is not submitted until they pin the report):

Create Final Report For Review Candidate : Polk County (299) Office : County Judge

R.epoct Peciod 01/30/2014-07 /31/2014 Due Date 8/10/2014

Contributions $510,,00 Expenditure-:;; $0 .. 00

Transfers $0 .. 00 Distributions $0,.00

8 1- ::::ubmitting this: canipaign finance report that the sanie i::: considered to be certified as to correctries.s ,·.ithin the nv:aning of Section 106 C7(5) Florida Statutes, b 1 the candidate arid the candidates tr-: a.surer. in the c:a!e of a c:a11didate or the politi::al cornmittee's chair and tre.:i=:uro:r. in the ca.se cf a political comn1ittee or ::cunt~ executi ,.e c:omrnittee, a11d that such persons are subject to the pre, isions of Section 106 07{ 5) Florida Statutes

PLEASE NOTE: This report is NOT filed until it is electronically signed by the Candidate/Committee and Treasurer using their respective

electronic PIN.

Create Final Report For Revie,.. . Cancel . ---·~·--"-'""'-~·~--~,.--~---------- -----

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Once they create the report then are taken to the screen to enter in the PIN s.

Electronic Signature PIN·s

To si~ ; our apprO'•-al -0f th.is report !'.1~ter yo1u- PI); :in th~ :~ppropri.ite field and i:-liZ'k ..\ss1gu PP.\ Oru:e-both PI>.:s h..1.tC bee-ti .:i:>si;acd. !fv.: r~ u)lt bt s:ub1~hlt:ed t<i W.t Super1.isor of EtcctioGs_

If both pa:tie-s :ari: pres:cnt both PC's. .can b~ assig:~ed 001\- (>t :;--0u coo .t%~slgn ~·Our Pr>: no=w and the other p:.~ -~an entec theZ.s: la:er during their ot<. n sess.i(ln

If the rcpctt actds- ~uodffic .. ,tion .;;lick tud-0 F'inal R.:port nus \Yill w:Uo~k the feJ)Ofl so ycu (illl make the r.e..::~~a:r_:. dia:~ges ,and ~ecr~:ate a ne>-1 tl:uU rep<gt t(?r Pr:\ assiplftlt11t and ::;ubin.::Smn

IC:u:,;;d11t< C omtnilteef[~~ re'{\ircd in F S 1()6

po!!tknl ;;;01n.-:Utti:·c i:J~air, ccrtii~ thnt I h:i:; c !la.oolincd this report and rt is tnx· ~orrcct J.~

i\s reqttfedin 1C:6 0705(.n I '),s. ::·~'llp..1.ign

I r<.asttr~ Ele<tronk Si!"l'\tute PIN

tre-a.~u:rer for thi$ ~.:mdidate ·•:ommittee·. v::1ti( that 1 ha\ 't ~xa:i:ined chis rep-0n .;:u~ jt is bue ,C¢J'fe¢t, rutd

Ass:ign Pl:'\ :o ass.ig,::t the .abm·c ro the report \\"hen OOth Pf:\i hn•'1:· be<'ti -c~itc:rcd i:n the :tbo\ r: fit"lds (U.,:king A:"S s.ign PIX

1.\ ·mt to comt· Q,~k ktttr t•> Pr;.: Th<: rq)ort t~ n('.·1·· lv::k.:<l l':ld

be u1odit1:·d

(Ji(:k lnde> Final Rep-0rt to ronoi,·c .:ill PJXs :J.t)d unlock th<-· :-e'p.o:t ·:ms ,;:ill :itk · ·ou to :n3ke· tn¢'.Bi1:u6ons t\.J the 1 c·p<:_4't

However I was able to reproduce hitting the back button where they would see this screen:

Create Final Report For Review Candidate: : Polk County (299) Office : County Judge

Re:~oi·t Period 01/30/2014-07/31/2014 Cue: Cate 3/10/2014

Contributions $510 .. 00 Ex~e""ldit1.1re::: $0,,00

Tran.:::fers So,.oo Ci:::tributio"l::: $0,,00

This report ha:: alr.ead:, been .::ub:nitted a,;d ,,,as as.::igned c:oi;firmstion -=-!.058215. dated: 2Cl4-J7·:5 16:33::.7

Cancel

If they went back to the list of reports they will see in Red that they had not pinned the report:

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::o:..; .. p: S.S!¢ 00 (O:.--zo1:ZOl4 • 07. ::}l, '20:.:4)-U 'l¢ <:i:-0~7 f:- it•rn}

The candidate also gets an email when the report is accepted by your office for additional confirmation Please let me know if you have any other questions ..

Emily

On Tue, Jul 15, 2014 at 3:59 PM, Chris H Chambless <CChambless@clayelections.com> wrote:

VR Web support

We have received this email from a candidate and her treasurer that appears to suggest that there is a flaw in the campaign reporting system .. If I understand their position correctly, the attached document suggest that they submitted their report at 23:14:58 on 07/11/2014 and subsequently was issued a confirmation# 1068111 which you can see was printed at 11;17pm on the same day. However, when staff checked the filing system after the filing period had ended, we found two candidates who had not filed timely per the filing system.. The treasure states that the attached document proves that the report had been filed properly. My questions are 1.) What does the attached document prove .. 2 .. ) What does the statement "This report has already been submitted and was assigned confirmation# .. "mean

Please provide as many details as possible so that we may resolve this issue asap

Kindest Regards,

Chrwfl. c~ CERA, MFCEP

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From: Joanne Register [mailto:jregister@jregco.com] Sent: Tuesday, July 15, 2014 2:29 PM To: Linda Hoover Cc: Ashley Gilhousen Subject: Report

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Linda,

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Yesterday morning when Ashley Gilhousen phoned me to say that her campaign report was not filed, I took a picture of the attached confirmation that the report was submitted and assigned the confirmation number and told her she had nothing to worry about

Then today, she said you guys had spoken and that our Pin# was not entered.

Linda, as shared with God as my witness, I did assign the pin #and got this confirmation report AFTER hitting keying in the pin numbers on the 11th.

This is the same procedure I go through every reporting period and receive the same report confirmation

There was a glitch on the Supervisor's website as you can see and we did meet the timeline.

You instructed me to go to log in today and re-assign the PIN numbers for Ashley as Candidate and myself as Treasurer I only did this because you instructed me to do this .. IF I had known that today's date would be the submission date I would not have done this Now, we have a submission number that is the same as on the 111

h and a different submission date ..

We are respectfully asking the Supervisor's office to change the date on our report AND not to even consider assessing a penalty.

We did everything right and nothing wrong . the portal had a malfunction as stated above.

Please let Ashley and me know as soon as possible what the Elections office can do to rectify this situation .. This is very unsettling .. You know Linda that I have been Campaign Treasurer for three election's candidates and have never been delinquent in filing by deadline This could be used against her in her campaign .and this would be so wrong .. Please have the submission date changed as soon as possible

Thank you so much,

7

Joanne G .. Register

J Register Company, Inc.

4640 Sub Chaser Ct #113

Jacksonville, FL 32244

{904) 215-8533 Office

(904) 509-1128 Cell

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Linda Hoover

From: Sent: To: Subject:

Ashley,

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Linda Hoover Tuesday, July 15, 2014 9:04 AM 'Ashley Gilhousen' RE: Past due report

I have a call into our Voter Services vendor to see if they can find your report I have done everything on our side that can be done .. Will let you know when it is corrected.

Thanks for your patience ..

Linda

-----Origina I Message-----From: Ashley Gilhousen [mailto:ashley.gilhousen@yahoo.com] Sent: Monday, July 14, 2014 5:23 PM To: Linda Hoover Subject: Re: Past due report

Linda,

My campaign treasurer has the confirmation that the report was filed before the deadline.

I

( Page 1 of3

Warning!

Your 2014-P2 report is now overdue 4 days.

Candidate/Committee : Ashley Gilhousen (448)

Office : School Board Distr'ict 5 NOTE: The candidate/committee information (biography, photo, and released reports), has been

viewed a total of 1209 times from the public site ..

Log Out

Rpt Date

2014-M2 (02/01/2014

02/28/2014) 3/10/2014

2014-M3 (03/01/2014

03/31/2014) 4/10/2014

2014-M4 (04/01/2014

04/30/2014) 5/12/2014

2014-M5 (05/01/2014

05/31/2014) 6/10/2014

Edit Candidate/Committee Bio Information/Upload Photo I Change Password/PINs

Export All Transactions CSV

Help

Press Help for information on using the new 'Import Entr·ies' feature

Candidate Reports

Election :

Past Reporting Periods Current Reporting Periods Future Reporting Periods

Total Total Status Contrib Exp

Received View Contribution

$5,600 00 #1060111 (3 items) I Unlock this report

View Expenditure

Print I Amend

Export CSV

Received $2,475.00 $44 60 #1061839 (13 (2 items) I Unlock this report items)

View Contribution

View Expenditurei

Print I Amend

Export CSV

View Contribution: Received

$4,955.28 $4,103. 76 #1062979 (27 (14

I items) items) Unlock this report

View Expenditure~

Print I Amend

Export CSV

Received View Contribution:

$650 00 $114 10 #1065043 View Expenditure~ (5 items) (1 item) I Unlock this report Print I Amend i

Export CSV

View Transfers

View Distributions

View Transfers

View Distributions

View Transfers

View Distributions

View Transfers

View Distributions

https://www.vote1focus .. com/ws/WScand/candidate _pb..php 7/15/2014

.. <Candidate Reports - Candidat· T, ; In> I,,

2014-Pl (06/01/2014

06/20/2014) 6/27/2014

$8,090.00 (10

items)

$4,434 83 (4 items)

Received #1066452

I Unlock this report

( Page 2 of3

View Contribution View Transfers

View Exoenditure View Distributions

Print I Amend I Exoort CSV

Assign PIN(s)_ ... ::r-------------Undo Final Report ------~

YOU MUST PIN THIS REPO~TTO 2014-P2

(06/21/2014 $2,600 00

07/04/2014) <3 items) 7/11/2014

$157 so COMPLETE (2 items) THE

SUBMISSION. This report is now overdue 4 days.

View Contribution View Transfers

View Exoenditure View Distributions

Print I Amend

Exoort CSV

Unlock this report ------~~-========~-,;==~~--r~~---

2014-P3 (07/05/2014

07/18/2014) 7/25/2014

2014-P4 (07/19/2014

07 /25/2014) 8/1/2014

2014-PS (07/26/2014

08/01/2014) 8/8/2014

2014-P6 (08/02/2014

08/08/2014) 8/15/2014

2014-P7 (08/09/2014

08/21/2014) 8/22/2014

2014-Gl (08/22/2014

No Data Entered

No Data Entered

[jfi1ock this report

No Data Entered

l Unlock this report

No Data Entered

I Unlock this report

No Data Entered

I Unlock this report

No Data Entered

I Unlock this report

https://www.voterfocus.com/ws/WScand/candidate _pb .php

Im ort Entries

Enter Contribution Enter Transfers

Enter Distribution

Create Waiver Re ort

Im ort Entries

\ Enter Contribution Enter Transfers

: Enter Expenditure Enter Distribution .

~are Totals )

1· Create Waiver Report i

Im ort Entries >---"'------t--------1 Enter Contribution Enter Transfers

~ter Ex enditure

1 Prepare Totals I

Enter Distribu!!9~

' ' 1 Create Waiver R~,

:- . f L.. Import Entnes I ------, i Enter Contributionrr Tra~sters ;

l Enter Expenjiture . Ente.r:_Qistri_ti_ll_!i~ ' I L.£'1.epare Totals L_ __

!_g_r_r?_ate: W~i','§'I_Repo_r:_t_ ----------

Im ort Entries --"-''--'-----+-----·---------······· Enter Contribution Enter Transfers

Enter Ex enditure E_!1ter Distri!!_~_ti_o._Q!j

~Prepare Totals i ___ _ · Create Waiver_13~p_()_r:!_ _ _.

Import Entries

Enter Contributionl __ !",~ter T ra nsf<?_@._

7/15/2014

<Candidate Reports - Candidate I-"~ In> , I

08/29/2014) 9/5/2014

2014-G2 (08/30/2014

09/12/2014) 9/19/2014

2014-G3 (09/13/2014

09/26/2014) 10/3/2014

2014-G4 (09/27/2014

10/03/2014) 10/10/2014

2014-GS (10/04/2014

10/10/2014) 10/17/2014

2014-G6 (10/11/2014

10/17/2014) 10/24/2014

2014-G7 (10/18/2014

10/30/2014) 10/31/2014

No Data Entered

I Unlock this report

No Data Entered

I Unlock this report

No Data Entered

I Unlock this report

No Data Entered

I Unlock this report

No Data Entered

I Unlock this report

No Data Entered

I Unlock this report

https://www .voterfocus .. com/ws/WScand/candidate _pb .php

Page 3 of3

Enter Expend it~_.Enter DistributiorlOd

Prepare Totals ]__ __

Create Waiver Re~

lmoort Entries ! Enter Contribution Enter Transfers

Enter Exoenditure Enter Distribution<

Prepare Totals

Crea!~-\i\/~\/Elt~_E>fJQl't_J

lmoort Entries ~------------Enter Contribution Enter Transfers

Enter Exoenditure Enter Distribution< ·-· ----·-~

Prepare Totals ;

Create Waiver Re~rt I ---·------

Im ort Entries

Enter Contrib;:;t;; Enter Transferi]

Enter Expend1ture~_E~ter _Q1stnbu_!I~ Pre are Totals l ___ _

_g,-_~a1e'l\f<')iyerf<('lp()_rt_]

[ 1meort Ent;i;;-;=: ___________ _ I Enter Contribution[ Enter Transfers

I Enter ExtJenditure] Enter Distribution

I __ Prepa_r.e_J_~~C!IJ _:=:~:--­[ __ C rea~E)_ \fVC!ilJ.e>r~f<E>Ps>'!_]

Im ort Entries '----'-------C----------·-·---------Enter Contribution Enter Transfers

Enter Expenditure __ E_riter Distri2_ution

Prepare~: _

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l--1~_£;rtE0ri~s _,_ _ -·· ___ _

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7/15/2014

.;'~igntire X ~junk v Oel~e

Ff OM:: Li'I06 Hoover' To: Cc Sec Subjt:ct:

~ Mail r~S9tm-se

-~ iearo f·ma'il

' q._,~;p~_&:_~.~t!k

~To Mana,~,·

../ 01'11\t

Tonight at midnight is the deadline for filing your 2014 P2 financiai report to avoid a fine.

Regards,

liH.tfo Hoova1 Voter Services M<lt1<lger/Filing Officer Clav Countv Elections Office 500 N. Orange Ave. Green Cove Spnngs, Fl 32043 (904)269-6350 Phone (904)284-0935 Fax

0 Ste tn¢re about: Linda Hoover.

R!Pt'i Reply All

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It's that time agami The 2014 P2 Financial Reporting period ends tomorrow, iuiv 4'" and is due Friday, Juiy 11 m by midnight. •.~·

Rega<ds,

lJnda HocvtN Voter Services Manager/Filing Officer Clay County Elections Office 500 N. Orange Ave, Green Cove Spnngs, FL 32043 {904 )269-6350 Phone (904)284-0935 Fax

0 See m()(e; about Linda HoO\.<et.

I 1

'·

Respondent: Ashley Gilhousen

1 Date and time: 9/17 /14 2:31 pm Name: Ashley Gilhousen Phone#: 904-716-1269

PHONE LOG Case No.: 14-224

Summary: I called and left a voicemail for Ms. Gilhousen requesting a return call Entered by: B .Wims

2.. Date and time: 9/1814 4:19pm Name: Ashley Gilhousen Phone#: 904-716-1269 Summary: I called and left a voicemail for Ms .. Gilhousen requesting a return call Entered by: B .Wims

3. Date and time: 9/18/14 4:30pm Name: Ashley Gilhousen Phone#: 904-716-1269 Summary: Ms. Gilhousen returned my call and stated that everything was complete She had no additional information to add to the appeal Entered by: B .Wims

4. Date and time: Name: Phone#: Summary: Entered by:

5.. Date and time: Name: Phone#: Summary: Entered by:

6 Date and time: Name: Phone#: Summary: Entered by:

7. Date and time: Name: Phone#: Summary: Entered by:

Ffl003 (3/09)