BEFORE THE

STATE OF FLORIDA

COMMISSION ON ETHICS

In re MITCHELL KINZER, )

)

Respondent. ) Complaint No. 90-163

)

) Final Order No. COE ____

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FINAL ORDER AND PUBLIC REPORT

UPON MANDATE OF THIRD DISTRICT COURT OF APPEAL

This matter came before the Commission on Ethics, meeting in public session on July 13, 1995, upon the mandate of the Third District Court of Appeal issued in Mitchell Kinzer v. State of Florida Commission on Ethics, Docket No. 94-1265. The Court's opinion in this case reverses the Commission's final order and remands with directions to enter a final order in favor of the Respondent.

Pursuant to this mandate, the Commission finds that the Respondent, as a member of the Surfside Town Commission, did not violate Sections 112.313(6) and 112.3135(2)(a), Florida Statutes, as alleged. Accordingly, the complaint is dismissed.

ORDERED by the State of Florida Commission on Ethics this 13th day of July, 1995.

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Date Rendered

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William J. Rish

Chairman

cc: Mr. Neal L. Sandberg, Attorney for Respondent

Ms. Virlindia Doss, Commission Advocate

Honorable Mary Clark, Hearing Officer

Division of Administrative Hearings