20-000124EC In Re: Frantz Pierre vs. *
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 4, 2020.


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1DAT,E FILED

4SEP 1 5 2021

8BEFORE THE COMMISSION ON ETHICS

13STATE OF FLORIDA

16COMMISSION ON ETHICS

19In re FRANTZ PIERRE, )

24) Complaint No. 16-130

28)

29Respondent. )

31)

32Final Order No. 21-022

36FINAL ORDER AND PUBLIC REPORT

41The State of Florida Commission on Ethics, meeting in public session on September 10,

552021, adopted the Joint Stipulation ofFact, Law, and Recommended Order (Stipulation), entered

67into between the Advocate for the Commission and the Respondent in this matter.

80In accordance with the Stipulation, which is attached hereto and incorporated by reference,

93the Commission finds that the Respondent, who served as a member of the City Council of the

110City of North Miami Beach, violated Section 112.313(2), Florida Statutes, by soliciting and/or

123accepting moneys, funds, value, or "loans" obtained directly or indirectly from Dean Tyler,

136Platinum South, Inc., and/or Dean's Gold Club based upon an understanding that Respondent

149would be influenced in his official capacity; finds that the Respondent violated Section 112.313 ( 4 ),

166Florida Statutes, by accepting moneys, funds, values, or "loans" obtained directly or indirectly

179from Dean Tyler, Platinum South, Inc., and/or Dean's Gold Club when he knew, or with the

195exercise of reasonable care, should have known that the things of value were given to influence

211him in his official capacity; and finds that the Respondent violated Section 112.313(6), Florida

225Statutes, by soliciting and/or accepting moneys, funds, value, or "loans" obtained directly or

238indirectly from Dean Tyler, Platinum South, Inc., and/or Dean's Gold Cub and soliciting and/or

252accepting contributions under the guise of a "turkey giveaway" and keeping all of or some of the

269money for himself.

272Further, in accordance with the Stipulation, the Commission hereby dismisses Allegation

283VII, regarding the violation of Section 112.3148(8), Florida Statutes, by failing to file a statement

298with the Commission on Ethics for gift(s) valued in excess of$100.

309For these violations, in accordance with the Stipulation, the Commission hereby

320recommends that the Governor publicly censure and reprimand the Respondent and impose a civil

334penalty upon him in the total amount of $1,000 (one thousand dollars), penalties which he has

351agreed to be subjected to and to pay. 1

3601 The civil penalty of$1 ,000 total is comprised of a civil penalty of$250 associated with Allegation

377I involving the Respondent's violation of Section 112.313(2), Florida Statutes, a civil penalty of

391$250 associated with Allegation II involving the Respondent's violation of Section 112.313(4),

403Florida Statutes, and a civil penalty of $500 associated with Allegation III involving the

417Respondent's violation of Section 112.313(6), Florida Statutes, as set forth in the Stipulation.

430Further, the Commission dismissed Allegation VII associated with the violation of Section

442112.3148(8), Florida Statutes, as set forth in the Stipulation.

451ORDERED by the State of Florida Commission on Ethics meeting in public session on

465September 10, 2021.

468JG/cmk

469cc: Mr. Benedict P. Kuehne and Mr. Mark Herron, Attorneys for Respondent

481Ms. Elizabeth A. Miller, Commission Advocate

487Ms. Stephanie Kienzle, Complainant

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Date
Proceedings
PDF:
Date: 09/16/2021
Proceedings: Agency Final Order and Public Report filed.
PDF:
Date: 09/15/2021
Proceedings: Agency Final Order
PDF:
Date: 12/04/2020
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 12/04/2020
Proceedings: Advocate's Motion to Cancel Hearing, Close File, and Relinquish Jurisdiction filed.
PDF:
Date: 06/22/2020
Proceedings: Order Rescheduling Hearing by Video Teleconference (hearing set for December 8, 2020; 9:00 a.m.; Miami and Tallahassee, FL).
PDF:
Date: 06/19/2020
Proceedings: Parties' Joint Response to Order Granting Continuance filed.
PDF:
Date: 06/12/2020
Proceedings: Order Granting Continuance (parties to advise status by June 19, 2020).
PDF:
Date: 06/11/2020
Proceedings: Respondent's Unopposed Motion for Continuation of Hearing No Earlier than September 1, 2020, and Extension of Pretrial Deadlines for Sixty (60) Days filed.
PDF:
Date: 06/01/2020
Proceedings: Amended Notice of Hearing by Zoom Conference (hearing set for June 16 and 17, 2020; 9:00 a.m.; Tallahassee; amended as to zoom conference).
PDF:
Date: 03/11/2020
Proceedings: Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for June 16 and 17, 2020; 9:00 a.m.; Miami and Tallahassee, FL).
PDF:
Date: 03/11/2020
Proceedings: Order Regarding Motion for Stay of Proceedings.
PDF:
Date: 03/05/2020
Proceedings: Respondent's Notice of Conferral for Motion for Stay Proceedings Pending Resolution of Related Criminal Case filed.
PDF:
Date: 03/03/2020
Proceedings: Advocate's Motion to Strike and Opposition to Respondent's Motion for Stay of Proceedings Pending Resolution of Related Criminal Case filed.
PDF:
Date: 03/02/2020
Proceedings: Respondent's Notice of Service of Discovery: Answers to Requests for Admission; Answers to First Set of Interrogatories filed.
PDF:
Date: 03/02/2020
Proceedings: Respondent's Motion for Stay of Proceedings Pending Resolution of Related Criminal Case filed.
PDF:
Date: 01/29/2020
Proceedings: Advocate's Witness List filed.
PDF:
Date: 01/29/2020
Proceedings: Advocate's Exhibit List filed.
PDF:
Date: 01/22/2020
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 01/22/2020
Proceedings: Notice of Hearing by Video Teleconference (hearing set for April 13 and 14, 2020; 9:00 a.m.; Miami and Tallahassee, FL).
PDF:
Date: 01/22/2020
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 01/22/2020
Proceedings: Advocate's Notice of Service of Discovery filed.
PDF:
Date: 01/15/2020
Proceedings: Initial Order.
PDF:
Date: 01/14/2020
Proceedings: Order Finding Probable Cause filed.
PDF:
Date: 01/14/2020
Proceedings: Advocate's Recommendation filed.
PDF:
Date: 01/14/2020
Proceedings: Report of Investigation filed.
PDF:
Date: 01/14/2020
Proceedings: Order for Supplemental Investigation of Facts Materially Related to Complaint filed.
PDF:
Date: 01/14/2020
Proceedings: Determination of Investigative Jurisdiction and Order to Investigate filed.
PDF:
Date: 01/14/2020
Proceedings: Complaint Amendment filed.
PDF:
Date: 01/14/2020
Proceedings: Complaint filed.
PDF:
Date: 01/14/2020
Proceedings: Agency referral filed.

Case Information

Judge:
MARY LI CREASY
Date Filed:
01/14/2020
Date Assignment:
01/14/2020
Last Docket Entry:
09/16/2021
Location:
Miami, Florida
District:
Southern
Agency:
Other
Suffix:
EC
 

Counsels

Related Florida Statute(s) (2):