CONSENT FINAL ORDER
The Respondent, Christian E. Cevallos, and the Florida Elections Commission (Commission) agree that this Consent Order resolves all of the issues between the parties in this case. The parties jointly stipulate to the following facts, conclusions of law, and order:
FINDINGS OF FACT
1. On September 21, 2011, the staff of the Commission issued a Staff Recommendation, recommending to the Commission that there was probable cause to believe that The Florida Election Code was violated.
2. On January 30, 2012, the Commission entered an Amended Order of Probable Cause finding that there was probable cause to charge the Respondent with the following violation:
On or about September 16, 2010, Respondent violated Section 106.141 (1 ), Florida Statutes, when he failed to file his termination campaign report listing the disposition of surplus campaign funds within 90 days after the Respondent withdrew, became unopposed, was eliminated or elected.
3. The Respondent and the staff stipulate to the following facts:
a) The Respondent was a candidate for State Representative, District 116, in the 2010 general election.
b) The Respondent failed to file his termination campaign report listing the disposition of surplus campaign funds within 90 days after the Respondent withdrew, became unopposed, was eliminated or elected.
4. The Commission has jurisdiction over the parties to and subject matter of this cause, pursuant to Section 106.26, Florida Statutes.
5. The Commission staff and the Respondent stipulate that the Commission could prove all elements to establish a violation ofSection 106.141(1), Florida Statutes, by the required burden.
6. The Respondent and the staff of the Commission have entered into this Consent Order voluntarily and upon advice o f counsel.
7. The Respondent shall bear their own attorney fees and costs that are in any way associated with this case.
8. The Respondent understands that before the Consent Order becomes final agency action, the Commission must approve it at a public meeting. The Commission will consider the Consent Order at its next available meeting.
9. The Respondent voluntarily waives the right to any further proceedings under Chapters 104, 106, and 120, Florida Statutes, and the right to appeal the Consent Order.
10. This Consent Order is enforceable under Sections 106.265 and 120.69, Florida Statutes. The Respondent expressly waives any venue privileges and agrees that if enforcement of this Consent Order is necessary, venue shall be in Leon County, Florida, and the Respondent shall be responsible for all fees and costs associated with enforcement.
11. If Commission does not receive the signed Consent Order within 7 days ofthe date Respondent received this order, the staff withdraws this offer of settlement and will proceed with the case.
12. Payment of the civil penalty by cashier's check or money order is a condition precedent to the Commission's consideration ofthe Consent Order.
WHEREFORE, based upon the foregoing facts and conclusions of law, the Commission
finds that the Respondent violated Section106.141(1), Florida Statutes. The Respondent is fmed $350.00 for the violation.
Therefore it is
ORDERED that the Respondent shall remit to the Commission a civil penalty in the amount of $350.00, inclusive of fees and costs. The civil penalty shall be paid by cashier's check or money order, and made payable to the Florida Elections Commission, 107 W. Gaines Street, Collins Building, Suite 224, Tallahassee, Florida, 32399-1050.
The Respondent hereby agrees and consents to the terms of this Order on.