BEFORE THE

STATE OF FLORIDA

COMMISSION ON ETHICS

In re FRANK S. MESSERSMITH, )

) Complaint No. 90-170

Respondent. ) Final Order No. COE 93-19

)

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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.

ORDER

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.

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Date

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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