BEFORE THE FEDERAL ELECTION COMMISSION

NRSC
425 2nd Street NE
Washington, DC 20002

v. MUR No.

Keith Gross
3007 Bear Point Drive
Panama City Beach, FL 32408

Keith Gross for Florida

1060 Powers Place
Alpharetta, GA 30009

Jason D. Boles
1060 Powers Place
Alpharetta, GA 30009

Vigilant RE 320 LLC

2116 S Babcock Street
Melbourne, FL 32901
COMPLAINT

As you know, for over 115 years, corporations have been prohibited from making contributions
to federal candidates.1 Despite this well-known prohibition, Keith Gross, Keith Gross for Florida, and
his businesses continue to engage in a flagrant scheme to pump corporate resources into the struggling
primary campaign of Gross. This complaint is filed pursuant to 52 U.S.C. §§ 30118(a) and 30109(a)(1)
and is based on information providing reason to believe that Respondents have violated and are
engaging in the continuing violation of the corporate contribution prohibitions established by FECA, 52
U.S.C. § 30101, et. seq. and Commission regulations.

The standard for an FEC investigation is, “[i]f the Commission, upon receiving a complaint…
has reason to believe that a person has committed, or is about to commit, a violation of [FECA]… [t]he
Commission shall make an investigation of such alleged violation…” 52 U.S.C. § 30109(a)(2); see also
11 C.F.R. § 111.4(a). That standard is easily met in this matter and the Commission should take proper
action.

FACTS

Keith Gross is a Republican candidate for U.S. Senate for the state of Florida, running a
lackluster, quixotic challenge against incumbent U.S. Senator Rick Scott.2 Gross’ principal campaign
committee is Keith Gross for Florida.3 Complainant previously alerted the Commission to prohibited
corporate contributions to Keith Gross for Florida in MUR 8185, which is still under review. Despite
being provided notice of the alleged violations in MUR 8185, Keith Gross for Florida continues to
accept prohibited corporate in-kind contributions.

1
The Tillman Act of 1907.
2
FEC Form 2, Keith Gross, available at: https://docquery.fec.gov/cgi-bin/forms/S4FL00553/1697022/.
3
FEC Form 1, Keith Gross for Florida, available at: https://docquery.fec.gov/cgi-
bin/forms/C00837567/1726992/.
 According to the Gross campaign’s correspondence with the Commission and recent campaign
mailers, Respondent is using corporate business space as campaign headquarters. In an email to the
Commission on April 12, 2023, Keith Gross for Florida State Director Marlon Bruce listed the Gross
campaign address as 2116 S Babcock St., Melbourne Florida, 32901.4 Additionally, two recent Gross
campaign mailers list the same address as the return address.5 Brevard County tax records show 2116 S
Babcock St. is corporately owned by Vigilant RE 320 LLC.6 Additional corporate records show
Vigilant RE 320 LLC is managed by Wyoming based Vigilant Capital LLC.7 Importantly, Gross’s
Financial Disclosures include Vigilant Capital LLC as an asset and disclose Gross’s ownership of the
LLC.8

Altogether, Respondent is using his own corporate assets to prop up his campaign by providing
free rental space. Use of this space is violative of federal law because the campaign has made no rental
payments to the corporate owners of the space, nor has the campaign listed in-kind donations of office
rentals in reports to the Commission.9

CAUSE OF ACTION

COUNT 1
Prohibited Contributions by Corporation

Under FECA, a contribution is defined as any “gift, subscription, loan, advance, or deposit of
money, or anything of value made by any person for the purpose of influencing any election for Federal
office.”10 The phrase “anything of value” includes all in-kind contributions.11 The term “person”
includes corporations.12 Federal law prohibits corporations, such as Vigilant RE 320 LLC from making
contributions to Federal candidates.13 If a corporation makes its resources available to one candidate
for free, it must do so for all candidates.14 Similarly, extensions of credit by a corporation are treated as
prohibited corporate contributions if they are not provided ‘in the ordinary course of business.’

“A corporation in its capacity as a commercial vendor may extend credit to a candidate, a

political committee or another person on behalf of a candidate or political committee
provided that the credit is extended in the ordinary course of the corporation's business
and the terms are substantially similar to extensions of credit to nonpolitical debtors that are
of similar risk and size of obligation.”15

Given that Keith Gross owns Vigilant RE 320 LLC and that Vigilant RE 320 LLC is not a
commercial facility rental company, it appears that the campaign has been provided free rent for at least
eight months and has not reimbursed the company within a commercially reasonable timeframe. By
allowing his own campaign to lease Vigilant RE 320 LLC business space for months for free, Vigilant
RE 320 LLC has made an impermissible corporate in-kind contribution. Indeed, if Keith Gross was not
an owner of Vigilant RE 320 LLC, we find it implausible that the campaign would be given the office

4
Exhibit A.
5
Exhibit B.
6
Exhibit C.
7
Exhibit D.
8
Exhibit E.
9
Keith Gross for Florida, Financial Summary, available at:
https://www.fec.gov/data/committee/C00837567/?tab=summary
10
52 U.S.C. § 30101(8); 11 C.F.R. § 100.52.
11
Id. at § 100.52(d)(1).
12
52 U.S.C. § 30101(11).
13
52 U.S.C. § 30118(a).
14
11 C.F.R. § 114.13.
15
11 C.F.R. § 116.3(b).
space and been extended credit to not reimburse within a commercially reasonable time frame. Thus,
Vigilant RE 320 LLC has made a prohibited corporate contribution, and Keith Gross for Florida has
accepted a prohibited corporate contribution.

PRAYER FOR RELIEF

1. Wherefore, the Commission should find expedited reason to believe that Respondents are
engaging in an ongoing knowing and willful violation of 52 U.S.C. § 301011,et. seq., and
move expeditiously to force Respondents to comply with the law.

2. Further, the Commission should determine and impose appropriate sanctions for any and all
violations, should enjoin respondent(s) from any and all violations in the future, and should
impose such additional remedies as are necessary and appropriate to ensure compliance with
the FECA.

Dated: January 8, 2024 Respectfully submitted,

Blake Murphy
Deputy General Counsel, NRSC
425 2nd Street NE, Washington, DC 20002

Subscribed and sworn before me this _________ day of _____________, 2024

EXHIBIT A
LISA CULLEN, CFC NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS
BREVARD COUNTY TAX COLLECTOR 2023 PAID REAL ESTATE
TAX ACCOUNT NUMBER ESCROW CD MILLAGE CODE
2819213 34K0 Pay your taxes online at www.brevardtc.com

EXHIBIT C
2116 S BABCOCK ST
Vigilant RE 320 LLC
8051 N Tamiami TRL Ste E6 COUNTRY CLUB COLONY LOTS
Sarasota, FL 34243-2067 21,22,23,112,113 EXC RD R/W

AD VALOREM TAXES
TAXING AUTHORITY MILLAGE RATE ASSESSED VALUE EXEMPTION TAXABLE VALUE TAXES LEVIED
COUNTY GENERAL FUND 3.0486 520,120 0 520,120 1,585.64
BREVARD LIBRARY DISTRICT 0.3467 520,120 0 520,120 180.33
BREVARD MOSQUITO CONTROL 0.1427 520,120 0 520,120 74.22
S BREVARD REC DIST 0.2286 520,120 0 520,120 118.90
SCHOOL - BY STATE LAW 3.1350 520,120 0 520,120 1,630.58
SCHOOL - BY LOCAL BOARD 0.7480 520,120 0 520,120 389.05
BPS VOTED TEACHER PAY 1.0000 520,120 0 520,120 520.12
SCHOOL - CAPITAL OUTLAY 1.5000 520,120 0 520,120 780.18
CITY OF MELBOURNE - OPERATING 6.5466 520,120 0 520,120 3,405.02
ST JOHNS RIVER WATER MGMT DST 0.1793 520,120 0 520,120 93.26
FLA INLAND NAVIGATION DIST 0.0288 520,120 0 520,120 14.98
SEBASTIAN INLET DISTRICT 0.1066 520,120 0 520,120 55.44
ENV END LD/WTR LTD 0.0488 520,120 0 520,120 25.38
ENV END LD/WTR LTD(DBTP) 0.0163 520,120 0 520,120 8.48
S BREVARD REC DIST (DBTP) 0.0345 520,120 0 520,120 17.94
MELBOURNE POLICE (DBTP) 0.3449 520,120 0 520,120 179.39

TOTAL MILLAGE 17.4554 AD VALOREM TAXES $9,078.91

NON-AD VALOREM ASSESSMENTS
LEVYING AUTHORITY AMOUNT

109 STORMWATER MELBOURNE 364.32

158 SOLID WASTE DISPOSAL 1,020.75

PAY ONLY ONE AMOUNT IN BOXES BELOW NON-AD VALOREM ASSESSMENTS $1,385.07
If Paid By Nov 30, 2023
Please Pay $10,045.42

LISA CULLEN, CFC NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS

BREVARD COUNTY TAX COLLECTOR 2023 PAID REAL ESTATE

TAX ACCOUNT NUMBER ESCROW CD MILLAGE CODE
2819213 34K0 Pay your taxes online at www.brevardtc.com

PAYING ONLINE VIA

Vigilant RE 320 LLC E-CHECK IS FREE
PAYMENT
RETURN

8051 N Tamiami TRL Ste E6

WITH

Sarasota, FL 34243-2067

"PAY ONLINE. NOT IN LINE"

PLEASE PAY IN U.S. FUNDS THROUGH U.S. BANK TO BREVARD COUNTY TAX COLLECTOR, PO BOX 2500, TITUSVILLE, FL 32781-2500
If Paid By Nov 30, 2023
Please Pay $10,045.42

11/05/2023 Receipt # 000-24-00040758 $10,045.42 Paid By KGMS LLC

Paid
EXHIBIT D
Electronic Articles of Organization L21000101523
FILED 8:00 AM
For March 02 1 2021
Florida Limited Liability Company Sec. Of S-cate
agent03
Article I
The name of the Limited Liability Company is:
VIGILANT RE 320 LLC

Article II
The street address of the principal office of the Limited Liability Company is:
8051 N TAMIAMI TRAIL
SUITE E6
SARASOTA, FL. US 34243

The mailing address of the Limited Liability Company is:

8051 N TAMIAMI TRAIL
SUITE E6
SARASOTA, FL. US 34243

Article III
The name and Florida street address of the registered agent is:
CINDY'S FLORIDA LLC
8051 N. TAMIAMI TRAIL
SUITE E6
SARASOTA, FL. 34243

Having been named as registered agent and to accept service of process for the above stated limited
liability company at the place designated in this certificate, I hereby accept the appointment as registered
agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes
relating to the proper and complete performance of my duties, and I am familiar with and accept the
obligations of my position as registered agent.
Registered Agent Signature: CYNTHIA DAVIES
 EXHIBIT E
eFD: Annual Report for 2023 - Gross, Keith 12/15/23, 10:17 AM

United States Senate

Financial Disclosures
Candidate Report (Amendment 1)
Mr. Keith Gross
State of Candidacy: FL | Candidacy Commenced: 04/11/2023

 Filed 11/26/2023 @ 10:02 PM

The following statements were checked before filing:

I certify that the statements I have made on this form are true, complete and correct to the best of my
knowledge and belief.
I understand that reports cannot be edited once filed. To make corrections, I will submit an electronic
amendment to this report.

I omitted assets because they meet the three-part test for exemption.

Part 1. Honoraria Payments or Payments to Charity in Lieu of Honoraria

Did any individual or organization pay you or your spouse more than $200, or donate any amount to a charity on
your or your spouse’s behalf, for an article, speech, or appearance? No

Part 2. Earned and Non-Investment Income

Did you or your spouse have reportable earned income or non-investment income? Yes

Who Amount
# Was Paid Type Who Paid Paid Comments

1 Self Salary State of Florida $17,207.65 n/a

Tallahassee, FL

Part 3. Assets
Did you, your spouse, or dependent child own any asset that had a value of more than $1,000 or generated
income of more than $200? Yes

Asset Asset Type Owner Value Income Type Income

1 Acme Wash, LLC Business Entity Self $1,000,001 - Dividends, $1,000,001

Company: Acme Wash, LLC Limited Liability $5,000,000 -
(Melbourne, Company (LLC) $5,000,000
FL) Description: Commercial
Services Company
2 Facility FranCo, LLC Business Entity Joint $100,001 - Dividends, $1,000,001
Company: Facility FranCo, Limited Liability $250,000 -

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eFD: Annual Report for 2023 - Gross, Keith 12/15/23, 10:17 AM

LLC (Melbourne, Company (LLC) $5,000,000

FL) Description: Residential
and Commercial Services
Company
3 KGSM, LLC Business Entity Joint
Company: KGSM, LLC Limited Liability
(Melbourne, Company (LLC)
FL) Description: Property
Management Company
3.1 Commercial Building Real Estate Joint $1,000,001 - Rent/Royalties, $50,001 -
Description: Retail Commercial $5,000,000 $100,000
(Missoula, MT)
3.2 Commercial Property Real Estate Joint $500,001 - None, None (or
Description: Development Commercial $1,000,000 less than
Property (Panama City, FL) $201)
3.3 Wells Fargo Bank Deposit Joint $50,001 - Interest, None (or
(San Francisco, CA) $100,000 less than
Type: Checking, $201)
4 Carbon Ceiling, LLC Business Entity Joint
Company: Carbon Ceiling, Limited Liability
LLC (Melbourne, Company (LLC)
FL) Description: Franchise
Holding Company; IP
Holdings
4.1 Koala Business Entity Joint Over Dividends, Over
Company: Koala Franchise Limited Liability $50,000,000 Rent/Royalties, $5,000,000
LLC (Melbourne, Company (LLC)
FL) Description: Franchising,
Equipment Sales,
Manufacturing, Technical
Support
4.2 Wallaby Business Entity Joint $5,000,001 - Dividends, Over
Company: Wallaby Limited Liability $25,000,000 Rent/Royalties, $5,000,000
Franchise, LLC (Melbourne, Company (LLC)
FL) Description: Franchising,
Education, Technical
Support
5 445 West, LLC Business Entity Joint
Company: 445 West, LLC Limited Liability
(Melbourne, Company (LLC)
FL) Description: Property
Holding Company
5.1 Office Building 1 Real Estate Joint $1,000,001 - Rent/Royalties, $50,001 -
Description: Office Building Commercial $5,000,000 $100,000
(Melbourne, FL)
6 Gross Law Group PA Business Entity Self $1,001 - Dividends, $15,001 -
Sole $15,000 $50,000
Proprietorship
7 Personal Trust Trust Joint
General Trust
7.1 Vigilant Capital LLC Business Entity Joint
Company: Vigilant Capital Limited Liability
LLC (Melbourne, Company (LLC)

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