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Jim Davis, defeated Democratic candidate for Florida governor, has refunded a $500 campaign contribution to TerriPAC, the political action committee chaired by Michael Schiavo which had endorsed Davis.
The refund came two weeks after a complaint was filed Oct. 16 with the Florida Elections Commission which alleged that Davis and TerriPAC had violated Florida's campaign finance laws by exceeding the maximum allowed contribution to the Davis campaign, a violation which constitutes a misdemeanor and carries possible jail penalties.
Campaign finance law allows contributions of $500 per candidate per election but according to the reports filed with the Division of Elections, TerriPAC had exceeded the limit.
DOE records indicate that on Oct. 30, the Jim Davis for Governor Campaign refunded $500 to TerriPAC which in essence, acknowledges that the violation had occurred.
http://election.dos.state.fl.us/cgi-bin/contrib.exe
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.
But expenditures reported by TerriPAC to DOE indicates that a $500 contribution was made to Davis on Oct. 20. However, it 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 have been in violation of FS 106.08.
http://election.dos.state.fl.us/cgi-bin/expend.exe
Records filed with DOE by the Davis campaign don't recognize the October donation by TerriPAC nor does it report to DOE the $500 refund made to TerriPAC.
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.
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.
It is unknown how long it will take the Florida Elections Commission to complete their investigation of TerriPAC and the Davis campaign.
There are other allegations contained in the FEC complaint.
http://www.northcountrygazette.org/articles/102406SchiavoPenalties.html 11-09-06
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