BEFORE THE

STATE OF FLORIDA

COMMISSION ON ETHICS

In re WALLACE RICH, )

)

Respondent. ) Complaint No. 89-32

) Final Order No. COE 92-12

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FINAL ORDER AND PUBLIC REPORT

This matter came before the Commission on Ethics, meeting in public session on June 5, 1992, upon the mandate of the First District Court of Appeal issued in Wallace Rich v. Florida Commission on Ethics, Docket No. 91-2619. The Court's opinion in that case reverses those parts of the Commission's final order (Issue 15) which found that the Respondent violated Section 112.313(7)(a), Florida Statutes, by entering into a contractual relationship with Artel Shows, a business entity subject to the regulation of the Department of Agriculture, to inspect amusement rides at a church carnival, and which recommended that a restitution penalty in the amount of $100.00 be imposed against him.

Pursuant to this mandate, the Commission finds that the Respondent, as Chief of the Bureau of Fairs and Expositions, Florida Department of Agriculture, did not violate Section 112.313(7)(a), Florida Statutes, as alleged in this issue of the complaint. Therefore, the Commission hereby revokes its recommendation of a restitution penalty.

ORDERED by the State of Florida Commission on Ethics meeting in public session on June 5, 1992.

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Date Rendered

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Dean Bunch

Chairman

Commission on Ethics

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 to:

Ms. Martha W. Barnett and Mr. Scott Makar,

Attorneys for Respondent

Ms. Virlindia Doss, Commission Advocate

Mr. Norman Ostrau, Complainant