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TerriPAC, which was supposedly formed to "hold politicians accountable", seems to have a huge accountability itself along with its chairman, Michael Schiavo.
 
The headlines say that Jim Davis (left) is gaining name recognition in his campaign against Attorney General Charlie Crist (right) for Florida Governor.
But what the headlines of the Florida media are quiet about are the alleged campaign violations of one of Davis' most boisterous supporters, Michael Schiavo and his political action committee, TerriPAC.
Not only does it appear that for the second time in less than a year that Schiavo and TerriPAC may be facing an audit and civil penalties due to their failure to comply with federal filing requirements but it appears that both TerriPAC and Davis could be facing both criminal and civil penalties at the state level as a result of the Davis campaign finance activity.
 TerriPAC was first registered with the Federal Elections Commission last December as a national political committee to "hold politicians accountable", especially Republicans who tried to save the life of his brain injured wife Terri Schindler-Schiavo.
Schiavo claimed that the PAC "will raise and spend funds to educate voters on where their elected officials stood when they had a choice between individual freedom and personal privacy and overreaching government action. TerriPAC is a federal political action committee and will be able to endorse or oppose candidates for federal office - including members of Congress".
In August, Schiavo and his consultant, Derek Newton, registered TerriPAC in Florida with the Division of Elections.
While the most recent Quinnipiac poll claims that the Crist-Davis campaign is neck and neck, the latest poll conducted for the Florida Chamber of Commerce by the Washington Cromer Group indicates that Crist is leading Davis by a margin of 49 to 39% among registered voters.
Crist also showed a similar lead in the latest Mason-Dixon poll of last week.
Money continues to be a factor in the gubernatorial race with Crist having raised over $18 million compared to Davis' $6 million.
 The Crist campaign has some campaign finance issues which the Florida press has chosen to ignore such as his running mate, attorney Jeffrey Kottkamp allegedly having exceeded the individual contribution limits to the Crist campaign which, according to Florida Statutes, would bring criminal penalties as well as civil to both Crist and Kottkamp.
www.northcountrygazette.org/articles/101906RunningMate.html
 Then there's the matter of the alleged excess contributions of former member of the Republican National Committee and lawyer Anthony Battaglia to the Crist campaign, even contributing $500 from a defunct Battaglia corporation.
www.northcountrygazette.org/articles/101806BattagliaWeb.html
Michael Schiavo is still pouting about Congress and the President trying to halt the barbaric death of his disabled wife Terri Schiavo and is still engaged in his vendetta warfare, continuing to exploit his incapacitated wife's name while under that cloud of suspicion for allegedly causing the injuries to his wife in a domestic violence situation.
Schiavo, who was a nobody before his wife's plight and his attempt to kill her, is cavorting around the country, pandering to the press in what many have said is a precursor to his own run for elected office.
However, after alleged Hatch Act violations became an issue due to his employment with the Pinellas County Sheriff's Department which is funded in part by federal money, Schiavo tried to backtrack, saying he had no political aspirations, that he was just trying to get even with those legislators who voted to save the life of Terri Schiavo after Schiavo's self-serving, non-admissable and likely concocted hearsay was bought hook, line and sinker by Judge George Greer who perhaps had his own agenda.
And then Schiavo became very quiet after the Primary.
Now he's holding "intimate" fundraisers for Florida candidates as if voters really cared who Michael Schiavo endorses and to whom he's handing out checks like its Halloween.
It's trick or treat.
Political buyoffs.
Schiavo's using his political action committee to reward those who voted on the side of euthanasia. Schiavo and his attorneys, George Felos and Deborah Bushnell, financially supported by the American Civil Liberties Union, claimed it was a constitutional issue of right to die.
It wasn't.
And while on the subject of constitutional rights, Michael Schiavo trampled those of Terri, his wife in name only, violating her right to privacy by taking the issue into the court when he couldn't find any other way to kill her because the nursing homes refused to deny her medical treatment as he wanted to do.
And when he couldn't get his own way, he went on national television and discussed her most intimate gynecological issues, revealing confidential medical information that wasn't part of any court record, further violating her privacy rights.
Money has always been the issue that has long been in the Schiavo case, right from the day of Terri's mysterious collapse when her close friends and family say that Michael Schiavo argued with Terri about the cost of having her hair done.
Shortly after he received the awards from the medical malpractice lawsuits he brought, Schiavo tried to pull the plug on his brain injured wife, trying to refuse medical treatment, issuing a do not resuscitate order. Those medical malpractice cases never should have found their way to court according to the autopsy performed after Terri Schiavo's death on March 31, 2005. While Michael Schiavo tried to claim that the doctors had failed to diagnose bulimia, the autopsy soundly ruled out any bulimia or any heart attack.
Based on the autopsy results, it appears that Michael Schiavo and his attorneys engaged in an insurance fraud and should have had to repay the money.
Now the 15-year-long controversy involving Terri's death has spilled over into the political arena with Schiavo supporting Jim Davis for Governor, exploiting his dead wife's name to revel in the public spotlight. Davis as Congressman missed more votes than anyone else in Congress. However, he did manage to show up to vote for the Patriot Act and seemingly supports President Bush's violation of our Fourth Amendment rights, supports warrantless surveillance. Davis' support of the Patriot Act should be a strong reason by itself to oppose his quest to be Florida's next Governor.
Schiavo is fond of touting the Florida Supreme Court's decision against Terri's Law and their role in the killing of Terri Schiavo.
Past Chief Justice Barbara Pariente of the Florida Supreme Court stated last year that "election violations are misconduct that this court will not tolerate and not only does the "violator suffer consequences but the entire judiciary suffers the consequences of election violations".
While she was speaking of violations by candidates for judicial office, the same holds true for candidates for any elective office-----including that of Florida Governor.
 Last December, Schiavo formed TerriPAC, a political action committee which seems to have only one focus----revenge against those who voted to allow the Schiavo case a new review in the federal court system, a fresh look, away from the tyrannical and almost maniacal rulings of Pinellas County probate court judge George W. Greer.
Michael Schiavo is listed as the chairman of TerriPAC with the treasurer and registered agent listed as Derek Newton, a so-called political consultant who operates or operated under several business names such as November Group and On-Time Fundraisers.
On-Time Fundraisers has been the recipient of money from TerriPAC according to filings with the Federal Elections Commission, most recently receiving $2,185 from TerriPAC on Sept. 30 but according to the Florida Secretary of State's office, was administratively dissolved as of Sept. 15. Businesses registered as non-profits with the state including the November Group Consultants Inc., the November Group Inc., Progressive Fundraising Corp., the Magnum Restaurant and Entertainment Group Inc., the Swift Foundation NC, Foundation for Florida's Future Inc., all listing Derek Newton as an officer or director, have all been administratively dissolved according to the Secretary of State's office.
According to the most recent FEC filing for the period of July 1 through Sept. 30, listed as a miscellaneous report rather than a quarterly report, November Group and Derek Newton was the largest recipient. The report shows $7,500 paid to November Group and Newton in the 12-week period or $625 per week with another $3,444.87 paid to Newton for "travel" and "expenses". Newton collected another $2,184.72 for "fundraising fees".
Contributions of $7,500 were made to six candidates, five receiving $1,000 each while the Brad Miller for Congress campaign in North Carolina was the recipient of $2,500.
The report which was due Oct. 15 and is shown received as of Oct. 16, wasn't properly filed, according to a letter sent by the FEC to Brian Schiavo, federal TerriPAC treasurer.
In a letter to Brian Schiavo dated Oct. 18, John Gibson, assistant FEC staff director, told him that "your committee failed to file in electronic format as required…."Reports filed on paper do not satisfy a political committee's filing obligation. The reporting obligation will not be satisfied until the report is filed in electronic format.
"Failure to timely file may result in civil money penalties, an audit or legal enforcement action", the FEC told Schiavo. "The civil money calculation for late reports does not include a grace period and begins on the day following the due date of the report".
The report was due on Oct. 15 and despite the Oct. 18 letter a week ago, as of late Tuesday while Michael Schiavo was traipsing around the countryside campaigning, the FEC website did not indicate that TerriPAC had satisfied the filing requirements.
http://images.nictusa.com/cgi-bin/fecimg/?_26039232707+0
According to the paper report filed for the third quarter, TerriPAC, received contributions totaling $37,651.45 and disbursements totaling $26,298.75. The report showed cash on hand as of Sept. 30 at $12,814.40.
http://images.nictusa.com/cgi-bin/fecimg/?_26039221241+0
According to the FEC website, Brian Schiavo still hasn't filed a response to a letter sent to him on Dec. 21 requesting clarification regarding whether the political committee had any affiliated committees or connected organizations. Schiavo and the PAC were given until Jan. 20 by the FEC to file a response under a warning that failure to make an adequate response could be a factor the FEC would weigh in a decision about whether or not to audit TerriPAC.
"Requests for extensions of time will not be considered" Daniel T. Buckley, campaign finance analyst of the Reports Analysis Division told Schiavo. "Failure to comply with the provisions of the Act may also result in an enforcement action against the committee. Any response submitted by your committee will be placed on the public record and will be considered by the Commission prior to taking enforcement action".
As of this date, there is no indication that TerriPAC complied with the FEC directive.
And then there's the reports filed with the Florida Division of Elections which indicate that both Davis and TerriPAC have violated FS 106.08.
In its filing with the DOE, TerriPAC registered conflicting addresses, one at Box 348322, 1717 North Bayshore Drive, #1640 in Coral Gables and at the same address in Miami.
The campaign finance reports for the Jim Davis for Governor campaign show payments to Danielle Black, Davis' "Southern Region Political Director" at 1717 north Bayshore Dr., #1640, the same address registered for TerriPAC with the Division of Elections and the same address TerriPAC reported for Danielle Black to the Federal Election Commission for disbursements.
According to filings made by candidate Davis and the report filed with the Federal Elections Commission by TerriPAC, a contribution of $500 was made by TerriPAC to the Davis campaign on March 22. According to the filings made by TerriPAC with the Florida DOE, TerriPAC contributed another $500 to the Davis campaign on Aug. 30 and also contributed $2,000 for a radio advertisement on Aug. 16, claiming it was an independent expenditure.
However, with monetary amounts of $1,000 being shown as being contributed by TerriPAC to Davis before the Sept. 5 Primary as well as the $2,000 commercial which appears to be a direct and in-kind expenditure rather than an independent expenditure, it appears that TerriPAC allegedly violated FS 106.08 by contributing over $500 per candidate per election.
By the filings of TerriPAC with the Federal Elections Commission, it appears the committee may have donated additional in-kind donations to Davis through payments made to Davis' political director Black. According to the FEC filings made by TerriPAC, the committee reimbursed Black in the amount of $406.60 for travel on Feb. 16 and Feb. 18 and paid her another $550.53 for "office work" on Feb. 18. Ten days later, on Feb. 28, TerriPAC filings show another $500 monetary contribution to the Davis campaign.
http://images.nictusa.com/cgi-bin/fecimg/?_26039043882+0
The campaign filings made by the Davis campaign seem to conflict with those of TerriPAC, raising the question of which filing is true. The Davis filings indicate a receipt of $500 from TerriPAC on March 22 but also shows a disbursement to Black on Feb. 27 of $136.98 for travel reimbursement in addition to other disbursements to Black. The filings would seem to indicate that TerriPAC was reimbursing travel expenses to Davis' political director at the same time it was directly contributing monetarily to Davis indicating that in addition to the $1,000 in money, $2,000 in radio advertisements for the Primary, that TerriPAC may have also contributed another $957.33 to the Davis campaign indirectly by reimbursing his worker's expenses.
The law allows contributions of $500 per election per candidate.
The Davis filings with the Florida DOE report only two contributions by TerriPAC, one of $500 on March 22 and one of $500 on Sept. 13.
Expenditures reported by TerriPAC to DOE indicates that a $500 contribution was made to Davis on Oct. 20 but was recorded by DOE on Oct. 7 indicating that the contribution had been postdated by nearly two weeks. With Davis already reporting the receipt of $500 from TerriPAC on Sept. 13 for the General Election, another $500 monetary contribution by TerriPAC on Oct. 20 would be in violation of FS 106.08.
Depending on whose reports one wants to believe, the violation of excess contributions by TerriPAC to Davis is either in the Primary or in the General.
FS 106.08 (1)(a) specifically reads that except for political parties, no person, political committee, or committee of continuous existence may, in any election, make contributions in excess of $500 to any candidate for election to or retention in office or to any political committee supporting or opposing one or more candidates. Candidates for the offices of Governor and Lieutenant Governor on the same ticket are considered a single candidate for the purpose of this section.
The law further provides that any officer, partner, agent, attorney or other representative of a corporation or other business entity or of a political party, political committee…….who aids, abets, advises or participates in a violation of any provision punishable under Section 106 commits a first degree misdemeanor. An individual who knowingly and willfully makes or accepts two or more contributions in excess of the $500 limit per election per candidate commits a felony of the third degree as is any corporate officer or representative of a business entity who participates in the violation.
Davis' campaign office did not respond to NCG's request for a comment regarding the allegations. 10-24-06
© 2006 North
Country Gazette
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