10-006459EC In Re: Lonnie Evans vs. * Status: Closed Recommended Order on Wednesday, February 16, 2011.

Summary: Clear and convincing evidence did not support a finding that Respondent misused his poistion in violation of Section 112.313(6), Florida Statutes, with regard to the City of Coleman 2008 mayoral campaign.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: LONNIE EVANS, ) Case No. 10 - 6459EC

)

Respondent. )

)

RECOMMENDED ORD ER

On December 14 - 15, 2010, an administrative hearing was

held in Bushnell, Florida, before Lisa Shearer Nelson, an

administrative law judge assigned by the Division of

Administrative Hearings.

APPEARANCES

For Petitioner: Diane L. Guillemette

Office of the Attorney General

Plaza Level One, The Capitol

Tallahassee, Florida 32399 - 1050

For Respondent Candace Hawthorne, Esquire

Frank Moore: 319 East Main Street

Tavares, Florida 32278

For Respondent E. Gary Early, Esquire

Lonnie Evans: Messer, Caparello & Self, P.A.

2618 Centennial Place

Tallahassee, Florida 32308

STATEMENT OF THE ISSUE S

The issues for determination are whether Respondent, Lonnie

Evans, violated section 112.313(6), Florida Statutes (2008) , by

misusing his position by using the Chief of Police's city - owned

vehicle for campaigning, and if so, what penalty should be

imposed?

PRELIMINARY STATEMENT

On July 21, 2010, the Florida Commission on Ethics (COE or

the Commissi on ) issued an Order Finding Probable Cause against

Respondent Lonnie Evans, based upon COE Complaint Nos. 10 - 043,

10 - 047, 10 - 074, and 10 - 075, filed against Mr. Evans by Ronnie

Owens, Cynthia Martin, Lucy Brunette , and Timothy Bronson. The

complaints alleg ed that then - Mayor Evans had campaigned for mayor

in the city - owned police car driven by Chief of Police Frank

Moore. The Order Finding Probable Cause against Lonnie Evans was

referred to the Division on July 28, 2010, for assignment of an

administrative law judge.

At the request of the parties, the case w as consolidated for

the purpose of hearing with DOAH Case Nos. 10 - 1284 and 10 - 6456,

which contained allegations against City of Coleman Police Chief

Frank Moore regarding the December 2008 campaign. The cases were

scheduled for hearing December 14 - 15, 2010. The parties filed a

Supplemental Prehearing Statement which contained stipulated

facts that have, where relevant, been incorporated into the

findings of fact below.

At hearing, Petitioner presente d the testimony of Ronnie

Owens, Cleveland Williams, Bob Bolesta, Carolyn Bolesta, Gloria

Bronson, Timothy Bronson, Lucy Burnette, and James Dingle.

Petitioner's Exhibits numbered 1 - 3 and 5 - 16 were ent ered into

evidence. Respondent Evans presented the te stimony of Carolyn

Evans, Lonnie Evans, and Ron Maolli, while Respondent Moore

testified on his own behalf and presented the testimony of Ann

Moore, Akiko Teagle, an d Richard Callaway. Respondent s ' Joint

Exhibits numbered 1 - 10 were admitted into evidence. Respondent

Moore also requested that an additional exhibit, consisting of

statements made by Timothy and Gloria Brunson dated July 21,

2010 , be admitted into evidence. Admission of those documents

was denied, and they were proffered. Although not consi dered in

the preparation of either R ecommended O rder, the proffered

statements are included, in a separate envelope, with the

exhibits admitted into evidence and forwarded to the Commission.

At the close of the Commission's case, the Advocate moved to

ame nd the pleadings to conform to the evidence, and the motion

was denied. See Pilla v. Sch. Bd. of Dade Cnty. , 655 So. 2d

1312, 1315 (Fla. 3d DCA 1995).

While the cases were consolidated for hearing, it was agreed

that separate recommended orders for each respondent would be

issued for consideration by the Commission. The Transcript of

the proceedings was filed with the Division on January 10, 2011.

All parties timely filed their Proposed Recommended Orders, which

have been carefully considered in the pre paration of this

Recommended Order. All references to Florida Statutes are to the

2008 codification, unless otherwise indicated.

FINDINGS OF FACT

1. Lonnie Evans served as mayor of the City of Coleman for

twelve years. Prior to his service as mayor, he was on the City

Council for 24 years.

2. Frank Moore was an officer with the City of Coleman

Police Department prior to Lonnie Evans' first election as Mayor,

and became the Coleman Chief of Police at some point after Evans'

first election as mayor. Chief Moore retired in 2010, but

remains employed by the City of Coleman as a reserve officer.

3. Respondents Moore and Evans were, at all times relevant

to this proceeding, subject to the requirements of chapter 112,

part III, Florida Statutes, otherwis e known as the Code of Ethics

for P ublic O fficers and E mployees.

4. Lonnie Evans ran for re - election as mayor in 2008, and

was defeated by Eve Carruthers. The election was held on

December 8, 2008.

5. Coleman is a small town in Sumter County, Florida, w ith

approximately 600 residents and 200 registered voters. Because

of the size of the community and the nature of their jobs, Frank

Moore and Lonnie Evans kn o w each other fairly well, and are, in

turn, well - known in the community.

6. At the time relevant to this case, the police department

in the City of Coleman consist ed of three officers: the police

chief, one additional full - time patrol officer , and one reserve

officer. During at least part of the time relevant to these

proceedings, the full - time pat rol officer was James Dingle.

7 . On December 9, 2009, an Order Finding Probable Cause,

which forms the basis for DOAH Case No. 10 - 1284, was filed by the

Commission on Ethics. The Order Finding Probable Cause was based

upon a complaint filed by James Ding le against Police Chief Moore

regarding the 2008 election campaign several months after his

employment was terminated by the Coleman City Council.

8. The probable cause finding was reported in a local

newspaper in January of 2010. Cynthia Martin, a Cit y of Coleman

Council member, showed the newspaper article to Timothy Bronson.

Ms. Martin had run against Lonnie Evans in a previous election

for mayor, and lost.

9 . As a result of Ms. Martin's encouragement, Timothy

Bronson filed a complaint with the C ommission against Lonnie

Evans on March 3 , 2010, fif teen months after the last election in

which Mr. Evans was a candidate (COE Complaint No. 10 - 0 43 ) . The

complaint stated that the mayor and the chief of police had, for

each election, come to the Bronson house and asked he and his

mother to vote for Mayor Evans. The complaint indicated that

Chief Moore had stated that if Evans was elected, then he would

get to keep his job.

10 . The mayor of Coleman does not have the authority to

hire or fire the police chief. Only the city council can take

that action. Frank Moore continued to serve as police chief for

the City of Coleman for well over a year after the election,

until sometime in 2010, when he retired.

11 . Timothy Bronson and his mother, Gloria Brons on, claimed

that Chief Moore would drive by their home and pull into their

driveway. They would come out to the fence and speak to him.

From their position on the other side of the fence from the car,

they claimed that , on one occasion, they could see ca mpaign signs

for Lonnie Evans in the back floorboard of the patrol car.

Timothy Bronson also testified that on one occasion, Lonnie Evans

was in the patrol car with Chief Moore, and asked his mother to

vote for him. Mrs. Bronson did not testify to any su ch request

by Lonnie Evans, and testified that when Frank Moore came to the

house, Lonnie Evans was not with him.

12 . I n his taped interview , Timothy Bronson recalled that

Chief Moore was driving a white unmarked car, but at hearing

insisted that the car Chief Moore drove on these occasions was

gr a y. Mrs. Bronson testified that the car was either white or

"brownish."

13 . Chief Moore acknowledged that he sometimes drove by the

Bronson home, usually in response to a complaint by Mrs. Bronson,

such as peopl e speeding on her street. He agree d that he

sometimes stopped and spoke to her and her son, but denie d

talking about the mayoral race. He also flatly denie d ever

having Lonnie Evans in his patrol car at the Bronson home.

14 . The patrol cars have dark ti nted windows in the back,

and the view is obstructed by both the tint and the barrier

separating the front and back seats. It is unlikely that either

of the Bronsons would be able to see signs in the floorboard of

the backseat from a location on the other side of the fence from

the car.

15 . Mrs. Bronson admitted at hearing that she suffers from

short - term memory loss as a result of a medical event.

16 . On April 14, 2010, Lucy Burnette also filed a complaint

against Lonnie Evans with the Commission on Eth ics. In her

complaint (Ethics Complaint 10 - 074), she claimed that Mayor Evans

came with Chief Moore, in the police car while Chief Moore was in

uniform, to the local fruit stand and asked her to vote for him.

Ms. Burnette did not file a complaint against Chief Moore.

17 . The complaint was written out by Cynthia Martin, while

Ms. Burnette volunteered at the fruit stand. She acknowledged at

hearing that some of the statements contained in the written

statement were not true, and she wished that she had re ad the

statement more closely before she signed it. For example, the

statement in her complaint that "the former mayor asked me to

vote for him while he was with the chief of police, in uniform"

was not true. According to Ms. Burnette, Mr. Evans did not get

out of the car and did not speak to her.

18 . Ms. Burnette testified that Chief Moore and Mayor Evans

came to the fruit stand in a gray city police car. Mayor Evans

was in the passenger seat. Chief Moore got out of the car,

according to Ms. Burnette , and told her she needed to talk to

Mayor Evans about what she wanted and she could possibly get it.

The only indication as to when this incident supposedly occurred

was that it happened just before the 2008 election.

19 . Ms. Burnette had an ongoing iss ue with the City of

Coleman over her attempts to run a deli or barbeque on her

property. At one point, while she claimed she was not a resident

of Coleman, Chief Moore had been directed to "shut her down."

She claimed that she wanted, but did not need, a license to

operate, and that Chief Moore told her to talk to the mayor and

he could help her get the license she sought.

20 . Although the record is unclear, it appears that her

licensure problem exists because her property is not zoned for

commercial u se, and that in order for her to get a license, she

would have to seek a variance from the city council. In any

event, Mayor Evans does not issue licenses or direct them to be

issued. While he may have had some influence on the decision -

making process, t he comment made by Chief Moore, if in fact he

made it, made no reference to the election or voting for Mayor

Evans. Ms. Burnette simply made the assumption that Chief Moore

was implying that a vote for Mayor Evans would help

Ms. Burnette's efforts to rece ive a license. She even referred

to Chief Moore's statement as some sort of bribe by Mayor Evans,

delivered through Chief Moore.

21 . Chief Moore often stopped by the fruit stand on his way

home from work to buy some fruit. Lucy Burnette often complained

to him about her problems related to getting a license when he

stopped by. He testified that he told her, on more than one

occasion, that she should talk to Mayor Evans or members of the

city council about her problem, but did not talk to her about the

e lection or ask her for votes. His testimony is credited.

22 . Lucy Burnette's written complaint indicates that there

were witnesses to Chief Moore and Mayor Evans coming to the fruit

stand in the police car. Investigator Maolli from the Commission

on Eth ics was unable to locate any witnesses to corroborate her

account.

23 . On April 14, 2010, Ronnie Owens filed complaints with

the Commission on Ethics against both Chief Moore and Mayor Evans

(COE Complaint Nos. 10 - 075 and 10 - 076) . According to Mr. Owens,

Cynthia Martin approached Mr. Owens and told him about "the

election thing," and asked him if he saw Chief Moore and Lonnie

Evans in the car together. She asked him to file complaints with

the Commission on Ethics, and actually wrote out the complaints

f or him to sign.

24 . Prior to Ms. Martin approaching him, Mr. Owens was not

aware that there was any problem with the mayor and the police

chief campaigning while on duty. He admitted that he filed the

complaint s after he had a "run - in" with Chief Moore over an

incident that took place at a local store.

25 . The City of Coleman is bisected by a railroad track.

Residents living in the neighborhood on the west side of the

track are predominately African - American. This area of the town

is sometimes referr ed to as "the quarters." It is not unusual

for some residents of the quarters to sit at a table in a lot on

the corner, or on someone's front porch, and play cards or

dominos.

26 . Mr. Owens claims that prior to the election, he and

some other men were si tting at Mr. Robert T's house playing

dominos. Mayor Evans and Chief Moore drove up in the gray Crown

Vic and walked over to the men, and Chief Moore asked them to

support Lonnie Evans in his election. One of the men asked Evans

for a campaign sign, and Evans indicated he did not have any with

him, but would bring one back. Mr. Owens testified that Lonnie

Evans later returned, in his truck, and gave a campaign sign to

one of the men.

27 . Mr. Owens stated that there were five men present when

Mayor Evans and Chief Moore came by the quarters. None of the

other men testified at hearing, and Investigator Maolli was

unable to find any who could corroborate that Evans and Moore

came to the quarters in the police car while Moore was in

uniform.

28 . Each incid ent reported by the Bronsons, Ms. Burnette,

and Mr. Owens involved the use of a city - owned police car while

campaigning. The City of Coleman owns three police cars: a

marked patrol car, a white Crown Victoria, and a gray Crown

Victoria. The passenger co mpartment of the police cars contains

a computer, printer, video system, radar unit, and other

equipment. By necessity, this equipment takes up space not

normally filled in a regular vehicle.

29 . The City Council had approved Chief Moore's use of a

car a s a "take home" vehicle, and he used the white Crown

Victoria almost exclusively. He drove the white police car back

and forth to work from his home in Cedar Hill. He testified

credibly that he was allowed to make stops in the city car, for

example to pi ck up a grocery item, on his way to and from work.

It was not permissible to use the car for personal entertainment

or trips. Chief Moore also drove his personal car, a Buick

Lucerne.

30 . Lonnie Evans stopped driving, at the urging of his wife

and son , by either September or early October of 2008 , because of

his declining eyesight. As a consequence, he did not drive

during the 2008 campaign. He was driven to campaign by his wife,

Carolyn, in their red Jeep SUV, by a member of the City Council

and for mer postmistress Vergie Everett (who passed away in

February of 2010) in her Cadillac, or on one occasion, by Chief

Moore in his privately - owned Buick. Both men testified credibly

that when Chief Moore drove Mr. Evans, it was on a weekend and

Chief Moore was dressed in jeans and a t - shirt. It is doubtful

that Lonnie Evans would have returned to the quarters driving his

own truck, as Mr. Owens testified. It is more likely that when

he campaigned, he was bein g driven by his wife in their SUV, and

that he t ook the campaign sign out of the back of the SUV.

31 . Both men also testified that there was one occasion

when Lonnie Evans rode in the front seat of the white police car

while it was driven by Chief Moore. A benefit was held to help

Cleveland Williams, a former member of the city council, who had

become disabled. After the benefit, the proceeds were counted at

City Hall and placed in an envelope for delivery. Mayor Evans

accompanied Chief Moore to deliver the funds raised at the

benefit. The two men r ode past the location in the quarters

where the men played dominos on their way to Mr. Williams' home,

but did not stop.

32 . Because of the amount of equipment and the "accumulated

mess" in the police car, Mayor Evans found it exceedingly

uncomfortable an d was emphatic that he would not repeat the

experience.

33 . With the exception of one of the men in the quarters

requesting a sign, there is no claim that at any time signs or

flyers or campaign literature of any kind w ere distributed to any

of the comp lainants .

34 . Based on the totality of the evidence presented, there

is not clear and convincing evidence that Mayor Evans or Chief

Moore ever used a city vehicle to campaign during the December

2008 election .

CONCLUSIONS OF LAW

35 . The Division of Admi nistrative Hearings has

jurisdiction over the subject matter and the parties to this

action in accordance with s ections 120.569 and 120.57(1), Florida

Statutes (2010) .

36. The Florida Commission on Ethics is authorized to

conduct investigations and to make public reports on complaints

concerning violations of chapter 112, part III, Florida Statutes,

which is referred to as the Code of Ethics for Florida Public

Officers and Employees.

37. The Advocate has the burden to establish the

allegations in th e Order Finding Probable Cause by clear and

convincing evidence. Latham v. Fla. Comm'n on Ethics , 694 So. 2d

83 (Fla. 1st DCA 1997); see also Dep't of Banking & Fin. v.

Osborne Stern & Co. , 670 So. 2d 932 (Fla. 1996); Ferris v.

Turlington , 510 So. 2d 292 (Fla. 1987).

38. Clear and convincing evidence requires more than a

preponderance of the evidence and less than the criminal standard

of beyond a reasonable doubt. In re Graziano , 696 So. 2d 744,

753 (Fla. 1997).

39. As stated by the Supreme Court of Florida,

Clear and convincing evidence requires that

the evidence must be found to be credible;

the facts to which the witnesses testify must

be distinctly remembered; the testimony must

be precise and lacking in confusion as to the

facts in issue. The evidence must be of such

a weight that it produces in the mind of the

trier of fact a firm belief or conviction,

without hesitancy, as to the truth of the

allegations sought to be established.

In re Henson , 913 So. 2d 579, 590 (Fla. 2005), quoting Slomow itz

v. Walker , 429 So. 2d 797, 800 (Fla. 4th DCA 1983).

40. The Order Finding Probable Cause in Case No. 10 - 6459

alleges that Respondent, "as Mayor of the City of Coleman,

Florida, violated Section 112.313(6), Florida Statutes, by

misusing his position b y using the Chief of Police's city owned

vehicle for election campaigning."

41. At hearing, the Advocate sought to introduce evidence

of other instances where Lonnie Evans may have abused his

position in violation of section 112.313(6), that were not

all eged factually in the Or der Finding Probable Cause. The

Advocate took the position that, as long as the evidence

presented supported a violation of the statutory provision

charged, it did not matter whether the facts were alleged in the

Order Finding Prob able Cause. The undersigned does not believe

that is a correct interpretation of the law.

42. Section 120. 54(5), Florida Statutes, requires the

adoption of uniform rules of procedure which are the rules of

procedure to be followed by all agencies subjec t to chapter 120,

unless granted an exemption by the Administration Commission.

Subsection (b) identifies those areas requiring uniform rules.

Section 120.54(5)(b)4. p rovides in pertinent part:

4. Uniform rules of procedure for the filing

of petitions f or administrative hearings

pursuant to s. 120.569 or s. 120.57 . Such

rules shall require the petition to include:

a. The identification of the petitioner.

* * *

c. An explanation of how the petitio nerÓs

substantial interests are or will be affected

by the action or proposed action.

d. A statement of all material facts

disputed by the petitioner or a statement

that there are no disputed facts.

e. A statement of the ultimate facts

alleged, including a statement of the

specific facts the petitioner contends

warrant reversal or modification of the

agencyÓs proposed action .

f. A statement of the specific rules or

statutes that the petitioner contends require

reversal or modification of the agencyÓs

pro posed action, including an explanation of

how the alleged facts relate to the specific

rules or statutes.

g. A statement of the relief sought by the

petitioner, stating precisely the action

petitioner wishes the agency to take with

respect to the proposed action. (Emphasis

supplied.)

43. Florida Administrative Code Rule 28 - 106.2015 deals with

agency enforcement and dis ciplinary actions, and provides:

(1) P rior to the entry of a final order . .

. to take other enforcement or disciplinary

action against a licensee or person or e ntity

subject to the agency's jurisdiction, the

agency shall serve upon the licensee an

administrative complaint. For purposes of

this rule, an agency pleading or

communication that seeks to exercise an

agency's enforcement autho rity and to take

any kind of disciplinary action against a

licensee or other person shall be deemed an

administrative complaint.

* * *

(3) The agency's administrative complaint

shall be considered the petition, and service

of the administrative complaint on the

respondent shall be deemed the initiation of

proceedings.

(4) The agency's administrative complaint

shall contain:

* * *

(b) The statutory section(s), rule(s) of the

Florida Administrative Code, o r the agency

order alleged to have been violated.

(c) The facts or conduct relied on to

establish the violation. ( Emphasis

supplied. )

44. Reference to a statutory violation without supporting

factual allegations does not place Respondent on notice of the

charges against him. Trevisani v. Dep't of Health , 908 So. 2d

1108 (Fla. 1st DCA 2005); Cottrill v. Dep't of Ins. , 685 So. 2d

1371, 1372 (Fla. 1st DCA 1996)(reference to the statute without

supporting factual allegation insufficient to place Appellan t on

notice of charges against him). Therefore, in the undersigned's

view, it would have been improper to consider evidence against

Lonnie Evans to support factual allegations never identified in

the Order Finding Probable C a u s e .

45 . At the close of the Advocate's case, she moved for

the pleadings to conform to the evid ence, which would have, in

effect , added an additional factual basis for discipline against

Mayor Evans, for events that took place at the police station.

In the Advocate's Proposed Recommended Order, reference is made

to the statutory authority to investigate facts and parties

materially relevant to the complaint.

46. The motion was denied. 1/ A similar motion was made in

Pilla v. Sch. Bd. of Dade Cnty. , 655 So. 2d 1312 (Fla. 3d D CA

1995), and denied. In determining that the hearing officer was

correct to deny the motion, the court noted that the teacher was

entitled to fair notice and an opportunity to be heard on each of

the charges against him. The same can be said here.

47 . It is true that section 112.322(1) authorizes the COE

to investigate facts and parties materially related to a

complaint . However, the power referenced is a power to

investigate, and Florida Administrative Code Rule 34 - 5.0043(2)

provides that "the Advo cate may recommend and the Commission may

order a public hearing as to those violations of the Code of

Ethics which are indicated by such facts." Here, the Order

Finding Probable Cause did not reference them, despite the fact

that a previous complaint had clearly implicated Lonnie Evans.

Accordingly, the undersigned has made factual findings on those

incidences that could fairly be said to be encompassed within the

allegations of the Order Finding Probable Cause.

4 8 . The Order Finding Probable Cause all eges a violation of

s ection 112.313(6) , which provides:

(6) MISUSE OF PUBLIC POSITION. -- No public

officer, employee of an agency, or local

government attorney shall corruptly use or

attempt to use his or her official position

or any property or resource which may be

within his or her trust, or perform his or

her official duties, to secure a special

privilege, benefit, or exemption for himself,

herself, or others. This section shall not

be construed to conflict with s. 104.31.

4 9 . In order to establis h a violation of section

112.313(6), the Advocate must establish that: 1) the Respondent

is or was a public officer or employee; 2) Respondent used or

attempted to use his or her official position or any property or

resources within his trust; 3) Responde nt's actions were taken in

order to secure a special benefit for himself or for others; and

4) Respondent's actions were taken corruptly.

50 . Section 112.313(1) defines a "public officer" as "any

person elected or appointed to hold office in any agency,

including any person serving on an advisory body." Section

112.312(2) defines "agency" as "any state, regional, county,

local or municipal government entity of this state . . . ."

5 1 . "Corruptly" is defined in section 112.312(9) as "done

with a wrongful intent and for the purpose of obtaining, or

compensating or receiving compensation for, any benefit resulting

from some act or omission of a public servant which is

inconsistent with the proper performance of his or her public

duties."

5 2 . In this case, it is clear that Mayor Evans was a public

official at the time of the alleged incidents in this case.

However the evidence was simply not clear and convincing that he

used his official position, or resources within his trust, in

order to gain a special b enefit for himself or that any actions

he took were taken corruptly.

5 3 . Lucy Burnette filed a complaint against Mayor Evans,

but testified at hearing that he never spoke to her or asked her

for a vote. Moreover, Chief Moore never asked her for a vote o n

his behalf. There is no clear and convincing evidence that Mayor

Evans took any action with respect to Lucy Burnette, much less

that he did so corruptly or to achieve a benefit. There is no

clear and convincing evidence to establish that Mayor Evans

ca mpaigned in the quarters using a city - owned police car.

5 4 . Similarly, Ronnie Owens seemed more motivated by his

prior run - in with Chief Moore, and there were no corroborating

witnesses who could confirm his allegations.

5 5 . Mrs. Bronson flatly rej ected the notion that Lonnie

Evans accompanied Frank Moore to her home, and the more credible

evidence indicates that he did not.

5 6 . Moreover, with the exception of Officer Dingle's

complaint against Chief Moore , which appears to be the catalyst

for all of these complaints , all of the complaints were filed

well over a year after the election was over and upon the

suggestion of Cynthia Martin. She even wrote out the complaints

on two occasions. To describe the filing of the complaints as

part of a consp iracy goes too far. However, it appears from the

evidence that, other than Officer Dingle's, the complaints are

grounded more on the power of suggestion than upon the witness's

memory of actual events.

5 7 . This is especially true where, as here, there w as an

instance where Respondent Moore drove Lonnie Evans to campaign

before the election . However, the credible evidence presented

demonstrates that when Chief Moore accompanied Lonnie Evans, it

was on his own time and not in uniform. Similarly, there wa s an

incident when the two were in the police car together. However,

the purpose was not to campaign, but to deliver funds to the

recipient of a benefit. No violation of section 112.313(6) has

been demonstrated.

RECOMMENDATION

Upon consideration of the f acts found and conclusions of law

reached, it is

RECOMMENDED that the Florida Commission on Ethics enter a

Final Order and Public Report finding that no violation of

section 112.313(6) has been demonstrated.

DONE AND ENTERED this 16 th day of Feb ruary , 20 11 , in

Tallahassee, Leon County, Florida.

S

LISA SHEARER NELSON

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

Fax Filing (850) 92 1 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 16 th day of February , 20 11 .

ENDNOTE

1/ Because the motion was denied, and the Order Finding Probable

Cause did not reference anything related to alleged actions taken

at the police station, the undersigned has not included the

findi ngs of facts with respect to that incident in this

Recommended Order. The incident is discussed in the Recommended

Order issued in Case No. 10 - 1284, issued this sam e date. In any

event, it was recommended that the Commission find that there was

no clear and convincing evidence to support a finding that Chief

Moore abused his position in violation of section 112.313(6). The

same recommendation would be made, had the conduct been properly

alleged, with respect to Lonnie Moore.

COPIES FURNISHED:

Diane L. Guillemette, Esquire

Office of the Attorney General

The Capitol, Plaza Level 01

Tallahassee, Florida 32399 - 1050

E. Gary Early, Esquire

Messer, Caparello & Se lf, P.A.

2618 Centennial Place

Tallahassee, Florida 32308

Candace Hawthorne, Esquire

319 East Main Street

Tavares, Florida 32278

Philip C. Claypool

Executive Director and General Counsel

Florida Commission on Ethics

3600 Maclay Boulevard, South, Suite 201

Post Office Drawer 15709

Tallahassee, Florida 32317

Kaye Starling, Agency Clerk

Florida Commission on Ethics

3600 Maclay Boulevard, South, Suite 201

Post Office Drawer 15709

Tallahassee, Florida 32317 - 57 09

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this recommended order. Any exceptions to

this recommended order should be filed with the agency that will

issue the final order in this case.