BEFORE
THE
STATE
OF FLORIDA
COMMISSION
ON ETHICS
In
re FRANK S. MESSERSMITH,
)
)
Complaint No. 90-170
Respondent.
)
Final Order No. COE 93-19
)
______________________________)
FINAL
ORDER AND PUBLIC REPORT
On
June 9, 1993, a hearing officer from the Division of Administrative Hearings
(DOAH) submitted to the Commission and all parties her Recommended Order, a copy
of which is attached hereto. No exceptions to the Recommended Order were filed
by either the Respondent or the Commission's Advocate. This matter thereafter came before the
Commission for final agency action.
Having
considered the Recommended Order and the record of this proceeding, it is,
therefore,
ORDERED:
1. There is competent, substantial
evidence to support the hearing officer's recommended findings of fact, and they
are adopted in toto.
2. The conclusions of law recommended
by the hearing officer are legally correct, and they are adopted in
toto.
3. Having found that the Respondent
violated Section 112.313(4) Florida Statutes, the Respondent is ordered to pay a
civil penalty in the amount of $1,800 within 30 days of entry of this order.
ORDERED
by the State of Florida Commission on Ethics meeting in public session on the
15th day of July, 1993.
_____________________________
Date
_____________________________
Joel
K. Gustafson
Chairman
THIS
ORDER CONSTITUTES FINAL AGENCY ACTION.
ANY PARTY WHO IS ADVERSELY AFFECTED BY THIS ORDER HAS THE RIGHT TO SEEK
JUDICIAL REVIEW UNDER SECTION 120.68, FLORIDA STATUTES, BY FILING A NOTICE OF
ADMINISTRATIVE APPEAL PURSUANT TO RULE 9.110, FLORIDA RULES OF APPELLATE
PROCEDURE, WITH THE CLERK OF THE COMMISSION ON ETHICS, 2107 THE CAPITOL,
TALLAHASSEE, FLORIDA 32399-1450;
AND BY FILING A COPY OF THE NOTICE OF APPEAL ACCOMPANIED BY THE APPLICABLE
FILING FEES WITH THE APPROPRIATE DISTRICT COURT OF APPEAL. THE NOTICE OF ADMINISTRATIVE APPEAL MUST
BE FILED WITHIN 30 DAYS OF THE DATE THIS ORDER IS
RENDERED.
Copies
furnished:
Mr. James
Hauser, Attorney for Respondent
Ms.
Virlindia Doss, Commission's Advocate
Mr. Paul
D. Harvill, Complainant