BEFORE THE
STATE OF FLORIDA
COMMISSION ON ETHICS
In re GEORGE COSTAGE, )
)
Respondent. ) Complaint
No. 91-37
)
Final
Order No. COE______
)
_________________________ )
FINAL ORDER AND PUBLIC REPORT
This matter came before the Commission on Ethics on the
Recommended Order rendered in this matter on September 24, 1992 by the Division
of Administrative Hearings (a copy of which is attached and incorporated by
reference). The Hearing Officer
recommends that the Commission find that the Respondent violated Section
112.313(6), Florida Statutes, that the Respondent be publicly censured and
reprimanded, and that the Respondent be required to pay a civil penalty of
$3,000.00. The Respondent filed
exceptions.
Having reviewed the Recommended Order, the Respondent's
exceptions, and the record (a transcript of the public hearing in this matter
not having been filed with or placed before the Commission) of the public
hearing of this complaint, and having heard the arguments of counsel for the
Respondent and the Commission's Advocate, the Commission makes the following
findings, conclusions, rulings and recommendations:
RULINGS ON RESPONDENT'S EXCEPTIONS
The Respondent's exceptions, regardless of whether they are
designated by the Respondent as addressing findings of fact or conclusions of
law by the Hearing Officer, involve evidential/factual matters, and, therefore,
the Commission cannot reject or modify any factual findings of the Hearing
Officer,regardless of whether or not the same were designated by the Hearing
Officer or the Respondent as findings of fact or conclusions of law, without a
review of the complete record. A review
of the complete record by the Commission in this matter was not possible
because a transcript of the public hearing, a part of the record, was not filed
with or placed before the Commission.
See Section 120.57(1)(b)10, Florida Statutes. Further, it is the responsibility of the Respondent to place the
full record, including the transcript of the public hearing, before the
Commission. See Florida Department
of Corrections v. Bradley, 510 So. 2d 1122 (Fla. 1st DCA 1987), and North
Dade Security Ltd. Corporation v. Department of State, Division of Licensing,
530 So. 2d 1040 (Fla. 1st DCA 1988).
Therefore, all of the Respondent's exceptions are rejected. In addition, to the extent, if any, that any
of the Respondent's exceptions actually address conclusions of law of the
Hearing Officer, the same are rejected, and the conclusions of law of the
Hearing Officer are found to be correct and proper under the relevant
provisions of law.
FINDINGS OF FACT
The Findings of Fact set forth in the Recommended Order are
approved, adopted, and incorporated herein by reference.
CONCLUSIONS OF LAW
1. The Conclusions of Law
set forth in the Recommended Order are approved, adopted, and incorporated
herein by reference.
2. Accordingly, the
Commission on Ethics finds that the Respondent, George Costage, as a member of
the City Commission of the City of Safety Harbor, violated Section 112.313(6),
Florida Statutes, as described herein.
RECOMMENDED PENALTY
In consideration of the foregoing, pursuant to Sections 112.317
and 112.324, Florida Statutes, the Commission on Ethics recommends that the
Governor publicly censure and reprimand the Respondent, George Costage, and
impose a civil penalty upon him in the amount of $3,000.00.
ORDERED by the State of Florida Commission on Ethics meeting in
public session on Thursday, December 3, 1992.
_______________________________
Date
_______________________________
Stephen N. Zack
Chairman
YOU ARE NOTIFIED THAT YOU ARE ENTITLED, PURSUANT TO SECTION
120.68, FLORIDA STATUTES, TO JUDICIAL REVIEW OF AN ORDER WHICH ADVERSELY
AFFECTS YOU. REVIEW PROCEEDINGS ARE
COMMENCED BY FILING A NOTICE OF ADMINISTRATIVE APPEAL WITH THE APPROPRIATE DISTRICT
COURT OF APPEAL, AND ARE CONDUCTED IN ACCORDANCE WITH THE FLORIDA RULES OF
APPELLATE PROCEDURE. THE NOTICE OF
ADMINISTRATIVE APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO
BE REVIEWED.
cc: Mr. George A. Routh,
Attorney for Respondent
Ms. Virlindia Doss,
Commission Advocate
Mr. Art Levine,
Complainant
Division of
Administrative Hearings