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Morgan R. BentleyChair

Edwin Scales, IllVice Chair

M ichelle AnchorsMatthew F. CarlucciI. Martin FordTom F reemanSusan Horovitz MaurerLinda McKee RobisonStanley M. Weston

Mr. Timothy "Chaz" StevensPO Box I 123Deerfield Beach, FL 33443

State of FloridaCOMMISS ION ON ETHICSP.O. Drawer 15709TaiJabassee, Florida 32317-57093600 Maclay Boulevard South, Suite 201

Ta llahassee, Florida 32312"A Public Office is a Public Trust"

August 28, 20 13

RE: Compla int No. 11-071, In re LEE GIANNINODear Mr. Stevens:

Virlindia DossExecutive Director

C. ChristopherAnderson, I l l

General CounsellDeputy Executive

Director(850) 488-7864 Phone(850) 488-3077 (FAX)

www.ethics.state.fl.us

This is to notifY you that the Commission on Ethics will meet on Fr iday, January 25, 20 I3, for thepurpose of taking final action in the above-captioned complaint, based upon the Joint Stipulation of Fact,Law and Recommended Order, a copy of which is enclosed. Pursuant to Commission Rule 34-5.020(2),F.A.C., any wr itten response you wish to file will be provided to the Commission for its consideration. Ifyou wish to file a response, it should be rece ived by the Commiss ion no later than Monday, August 20,20 12. In addition, you will need to provide a copy of the response to the Respondent at the addressprovided below.The meeting will begin at 8:30 a.m. in the Department of Transportation Auditorium, 605 SuwaneeStreet, Tal lahassee, Florida. If you plan to attend, please notifY our office at least two days prior to themeeting.Please do not hesitate to contact the Advocate at (850) 414-3300 or our office if you have any questionsconcerning this matter.

Enclosurecc: Mr. Lee Giann ino, Respondent5028 NW 11 th Way

Pompano Beach, FL 33064-8624

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BEFORE THESTATE OF FLORIDACOMMISSION ON ETHICS

In rc: Lee Giannino,

OAG GEN CIVIL850 488 4872 p 3/6

Respondent. ComplaintNo. 11-071------------------'

JOINT STIPULATION OF FACT, LAW, AND RECOMMENDED OB!)ERRespondent, Lee Oiannino and the Advocate for the Florida Commission on Ethics enter

into this Joint Stipulation of Fact, Law, and Recommended Order with respect to the above-styled Complaint. Subject to acceptance by the Commission on Ethics, the parties agree thatthey enter into this stipulated settlement in lieu of further hearirtgs in this cause. The partiesstipulate as follows:

STIPULATED FINDINGS OF FACT1) At all times material to this Complaint, Respondent served as a member of the

Deerfield Beach Housing Authority and as such was subject to the provisions of the Code ofEthics for Public Officers and Employees, Pan III, Chapter Florida Statutes.

2) On May 31, 2011, a sworn Complaint was filed with the Commission on Ethicsalleging that Respondent had violated the Code ofEthics.

3) Pursuant to Section 112.322, Florida Statutes. the Executive Director of theCommission on Ethics found that the Complaint was legally sufficient and ordered a preliminaryinvestigation of the Complaint for a probable cause determination of whether Respondentviolated the Code ofEthics. The Report of Investigation was released on July 2, 2012.

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4) On September 12, 2012, the Commission on Ethics found probable cause tobelieve Respondent had violated Section 112.313(7)(a), Florida Statutes.

The allegation is:Respondent violated Section 112.313(7)(a), Florida StatuteS by having aconflicting employment or contractual relationship when he served aspresident of a private company that leased office space from the HousingAuthority.

S) Respondent admits the facts as set forth in the Report of Investigation, which isincorporated by reference in this Joint Stipulation.

6) Respondent enters into this Stipulation with the understanding of he seriousnessof he allegation. Although he expressly denies that there was any intent to violate this statute,he admits that his business, Grand American Title and Escrow Company, entered into a leaseagreement prepared by the Housing Deerfield Beach Housing Authority. Respondent recognizesthe importance of ull and complete compliance with all ethical standards and requirements andgives his assurance that this proceeding has affected the manner in which he conducts himselfasa public official in a positive way.

STIPULATED CONCLUSIONS OF LAW7) Respondent is subject to the provisions ofPart III, Chapter 112. Florida Statutes,

the Code ofEthics for Public Officers and Employees.8) The Commission on Ethics has jurisdiction over the Complaint filed in this

proceeding and overRespondent9) Respondent violated Section 112.313(7)(a), Florida Statutes by having a

conflicting employment or contractual relationship when he served as president of a privatecompany that leased office space from the Housing Authority.

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10) Respondent admits the allegation as set forth in paragraph four of the StipulatedFindings of Fact, above.

STIPULATED RECOMMENDED ORDER11) The Advocate accepts Respondent's admission(s) in this proceeding.12) The Advocate and Respondent have entered into this Joint Stipulation and urge

the Commission on Ethics to approve it in lieu of urther hearings in this cause.13) Thereforet the Advocate recommends that:(a) The Commission on Ethics approve this Joint Stipulation, embodyinc the

stipulationst admissions, and recommendations of he parties; and(b) The Commission on Ethics enter a Final Order and Public Report finding that

Respondent violated Section 112.313(7Xa),Florida Statutest and recommending:(1) A civil penalty of$1,250.00 dollars.

FURTHER STIPULATIONS14) Respondent and the Advocate stipulate and covenant that they have freely and

voluntarily entered into this Joint Stipulation of Fact, Law, and Recommended Order with fullknowledge and understanding of ts contents. Respondent and the Advocate further stipulate andcovenant that this Joint Stipulation constitutes the full agreement of the parties and that there areno oral or written understandings between the parties other than those contained in thisStipulation ofFact, Lawt and Recommended Order.

15) Respondent and the Advocate stipulate and covenant that, in consideration of theprovisions of his Joint Stipulation of Fact, Law, and Recommended Order, Respondent and the

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Advocate accept and will comply -.vith the above-referenced Final Order and Public Report of heCommission on Ethics.

16) Respondent and the Advocate stipulate that this Joint Stipulation of Fact, Law ,and Recommended Order is submitted to the Commission on Ethics for its consideration andratification. In the event that it is not approved by the Commission on Ethics as written, thisdocument shall be of no purpose and effect and shall not be deemed an admission byRespondent.

17) Effective upon approval ofthis Joint Stipulation ofFact, Law, and RecommendedOrder by the Commission on Ethics, Respondent waives all time, notice, and hearing rights,requirements, and entitlements, as to all subsequent hearings in this proceeding.

Signed, dated and entered into this)0 day o f _ . . . L ~ - 4 - - - - - - ' 2013.

Melody A. Ha cyAdvocate for the FloridaCommission on EthicsFlorida Bar No. 0636045Office of he Anomey GeneralThe Capitol, PL-01Tallahassee, Florida 32399-1050

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