If this doesn’t make your head explode, nothing will.

If you’ve ever wondered why so many politicians are crooked, wonder no more.  When it comes to running for office in Florida, it seems that it’s not against the law to break the law.

Yes, you read that correctly.

Florida Statute 106, which governs campaign finance and consists of pages and pages of rules regarding the financing and reporting of campaign funds, is apparently no more enforceable than laws against committing absentee ballot fraud.

Right, Phyllis?

In response to complaints filed against former North Miami perpetual mayoral candidate Kevin Burns, the Florida Elections Commission entered into three separate Consent Final Orders, all of which amounted to his paying a total fine of $5,000.00.

Two of the complaints, Case No. FEC-358 and Case No. FEC 15-356, allege that Burns violated Chapter 106 of the Florida Statutes when he “failed to disclose significant campaign contributions and expenditures” and failed to file Termination Reports when he ran for office in the 2013 run-off election and the 2014 special election, respectively.

A third complaint, Case No. FEC 14-433, not only alleges that he “failed to disclose significant campaign contributions and expenditures,” but also that he failed to file the required final four Campaign Treasurer’s Reports for his 2014 campaign.

According to the Consent Orders, Kevin agreed to pay fines of $1,000.00 for each of the first two complaints, and $3,000.00 for the third ($750.00 for each of the four Campaign Treasurer’s Reports he failed to file), or a total of $5,000.00.  He also agreed to waive any right to appeal the Consent Orders.

While $5,000.00 is hardly chump change, here’s the kicker.

By entering into the consent agreement with Kevin, the Florida Elections Commission is not requiring him to account for all the “significant contributions and expenditures” for both his 2013 and 2014 mayoral campaigns.

Wait, WHAT?

In lieu of reporting tens of thousands of dollars’ worth of campaign donations and expenses, all Kevin had to do was cough up a one time payment of $5,000.00 and walk away with who knows how much moolah he received in campaign donations.

Kevin is also now not required to report how he spent the “free” money he collected from anyone dumb enough to donate to not one, but two, of his failed campaigns.

As an added bonus, in the cover letter to Kevin Burns, the Commission thanked him “for the cooperative manner in which this case was resolved.”

Hey, if I didn’t have to account for tens of thousands of dollars in campaign donations, I’d damn sure be “cooperative,” too.  Wouldn’t you?

In a telephone call yesterday, Amy McKeever Toman, the Executive Director of the Florida Ethics Commission, advised me that she’s not at liberty to divulge the content of the apparently closed-door settlement negotiations reached by the FEC and Kevin Burns.

So much for Sunshine Laws, huh?

Even more disturbing is her disclosure to me that … I hope you’re sitting down … the non-filing of Campaign Treasurer’s Reports is NOT AGAINST THE LAW!

Even though Florida Statute 106.07 clearly reads, “(1) Each campaign treasurer designated by a candidate or political committee pursuant to s. 106.021 shall file regular reports of all contributions received, and all expenditures made, by or on behalf of such candidate or political committee” (emphasis mine), it’s apparently not against the law to fail to comply … with the law.

And even if this statute were enforceable, it’s also apparently not within the jurisdiction of the Florida Elections Commission to make anyone comply with the law.

No one should be surprised.

For one thing, Florida campaign finance laws were written and enacted by politicians in Tallahassee who won their seats by running for office in the first place.  It certainly would not be in their best interest to toughen those laws or none of them would ever get re-elected.

What a racket, huh?

During the fiscal year ending October 31, 2016, Florida taxpayers shelled out $1,554,378.00 to the Florida Elections Commission for “Campaign Finance and Election Fraud Enforcement.”

The FEC is authorized by statute “to impose a fine not to exceed $1,000 per violation.”  In 2015, the Commission issued approximately 155 final orders in response to complaints filed against public officials, candidates and political committees.  At a maximum of a thousand dollars a pop, or $155,000.00 last year, the Florida Elections Commission hardly justifies its existence.  From a monetary perspective anyway.

The exorbitant taxpayer expense might be worth it, however, if the Commission had the power to actually protect the citizens of Florida from serial offenders.  Unfortunately, though, this quasi-judicial agency does not have the power to prosecute criminal activity.  It merely has the power to levy fines against violators when it finds probable cause.

Once the fine is paid, the violator is free to run for office over and over.

For example, the FEC has fined career politician Phillip J. Brutus eighteen times since 1999.  He’s now running for office yet again, this time in District 38 against State Senator-slash-career politician Gwen Margolis.

Another local politician, District 39 Florida State Senator Dwight M. Bullard, has been fined a total of $9,705.72 for violations regarding campaign finance reporting.  He’s still in office.

And those are just two familiar names in a long list of repeat offenders that the Florida Elections Commission has investigated over the years.

Clearly, running for office in Florida has become a lucrative profession in and of itself.

Just think about it.  If someone is able to collect tons of money from unsuspecting donors and is under no legal obligation to report those donations or how the money was spent, why wouldn’t he run for office at every opportunity?

I wonder if the Internal Revenue Service would be interested in finding out how much of these unreported campaign “donations” are also not being reported as taxable income.

Just saying, of course.

Little wonder no one trusts politicians.

Just once I’d love to see an election where absolutely no one shows up to vote.

How cool would that be?

Stephanie Kienzle
“Spreading the Wealth”