Ok just for the record
Originally
I created the layer
I copy and pasted the paint element in the layer
and then selected the fill color and clicked
on close the lines and fill with color
It did...
I then added the text I wanted to stay with the
paint element and resized it to fit the
paint element and when
I published it to the web
The paint outline and text was there but no fill color

So I tried it again this time
I created the layer
"Drew" the paint element (didnt copy and paste it in)
and filled it with the color
Then I added the text and sized it
and now it works ...
Go figure it was a paint element to begin with
that I coppied and pasted in the first place
on the same page but it wouldnt take the color fill

Must conquer flash animator (gasp)