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IN RE: JULIANNE HOLT vs *, 03-000199EC (2003)

Court: Division of Administrative Hearings, Florida Number: 03-000199EC Visitors: 15
Petitioner: IN RE: JULIANNE HOLT
Respondent: *
Judges: STEPHEN F. DEAN
Agency: Florida Commission on Ethics
Locations: Tampa, Florida
Filed: Jan. 13, 2003
Status: Closed
Recommended Order on Thursday, October 30, 2003.

Latest Update: Jan. 28, 2004
Summary: The issues for determination are: Whether Respondent violated Section 112.313(6), Florida Statutes, by directing Public Defender's Office employees to work on Respondent's re-election campaign during their public working hours; Whether Respondent violated Section 112.313(6), Florida Statutes, by directing Public Defender's Office employees, during public working hours and using public resources, to prepare and deliver materials for courses that Respondent was teaching; Whether Respondent violate
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a DATE FILED ne BEFORE THE JAN 2-7 2004 Gh JAN 28 ANI LE STATE OF FLORIDA eet ok COMMISSION ON ETHICS COMMISSION ON ETHICS mo Ae Complaint Nos. 00-081, 00-084, & 00-093 (Consolidated) In re JULIANNE HOLT, Respondent. DOAH Case Nos. 03-0122EC, 03-0199EC, & 03-03-0200EC Consolidated © a SED- Clog Final Order No. 04-002 FINAL ORDER OF DISMISSAL This matter came before the State of Florida Commission on Ethics, meeting in public session on January 22, 2004, pursuant to the Recommended Order of the Division of Administrative Hearings' (DOAH) Administrative Law Judge (ALJ) rendered in this matter on October 30, 2003. The Respondent and the Commission’s Advocate each filed exceptions to the Recommended Order and each filed responses to the other’s exceptions, the Commission was provided with the record (including a transcript) of the DOAH proceedings, and both the Respondent and the Advocate made argument to the Commission; and the Commission, having considered the Recommended Order, the exceptions and responses thereto, argument of the Respondent and the Advocate, the record, and the deliberations of its members, voted to dismiss the matter. Accordingly, the allegations against the Respondent, Julianne Holt, as Public Defender of the State’s Thirteenth Judicial Circuit, as contained in the above-referenced ethics complaints and the DOAH Recommended Order, are hereby dismissed. ORDERED by the State of Florida Commission on Ethics meeting in public session on January 22, 2004. RICHARD L. SPEARS Chair 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, 3600 MACLAY BLVD., SOUTH, SUITE 201, TALLAHASSEE, FLORIDA 32312, P.O. DRAWER 15709, TALLAHASSEE, FLORIDA 32317-5709; AND BY FILING A COPY OF THE NOTICE OF APPEAL ATTACHED TO WHICH IS A CONFORMED COPY OF THE ORDER DESIGNATED IN 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. ce: Mr. Gregory W. Kehoe, Attorney for Respondent Ms. Kathleen Clark Ford, Attorney for Respondent Mr. James H. Peterson, 1, Commission Advocate Ms. Wanda L. Moore, Complainant Mr. Joseph M. Moore, Complainant Ms. Sharon Slater, Complainant ; The Honorable Stephen F. Dean, Administrative Law Judge a Division of Administrative Hearings -2-

Docket for Case No: 03-000199EC
Issue Date Proceedings
Jan. 28, 2004 Final Order filed.
Nov. 24, 2003 Response to Advocate`s Exceptions to Recommended Order filed by Respondent.
Nov. 14, 2003 Respondent`s Exceptions to Recommended Order filed.
Oct. 30, 2003 Recommended Order (hearing held May 27 through June 13, 2003). CASE CLOSED.
Oct. 30, 2003 Recommended Order cover letter identifying the hearing record referred to the Agency.
Oct. 15, 2003 Notice of Filing Amended References to Exhibit A-12 (filed by Advocate via facsimile).
Oct. 13, 2003 Transcript (Sworn Statement of Julianne Holt) filed.
Oct. 13, 2003 Notice of Filing, Transcript of Julianne Holt`s Sworn Statement filed.
Sep. 17, 2003 Notice of Filing Supplemental Authority filed by Respondent.
Sep. 11, 2003 Proposed Recommended Order (with disk) filed by G. Kehoe.
Sep. 10, 2003 Advocate`s Proposed Recommended Order filed.
Aug. 26, 2003 Deposition (of Honorable Raymond O. Gross, Circuit Court Judge) filed.
Aug. 26, 2003 Respondent`s Notice of Filing Deposition of Honorable Raymond O. Gross, Circuit Court Judge filed.
Aug. 12, 2003 Letter to Judge Dean from D. Einsmann enclosing the original notebook of Ms. Holt`s exhibits filed.
Aug. 11, 2003 Condensed Transcript of Proceedings (Volumes IA, IB, II-A, II-B, III-A, III-B, IV-A, IV-B, V, VI-A, VI-B, V-II, V-III, IX, X, XI-A, XI-B, XII) filed.
Aug. 11, 2003 Transcript of Proceedings (Volumes I-A, I-B, II-A, II-B, III-A, III-B, IV-A, IV-B, V, VI-A, VI-B, VII, VIII, IX, X, XI-A, XI-B, XII filed.
Aug. 11, 2003 Notice of Filing, Advocate`s Exhibit "12" filed by J. Peterson.
Jul. 16, 2003 Notice of Taking Deposition, Honorable R. Gross filed.
Jul. 11, 2003 Letter to Judge Dean from J. Peterson enclosing 1 box of Advocate`s exhibits filed.
Jun. 10, 2003 CASE STATUS: Hearing Held; see case file for applicable time frames.
Jun. 02, 2003 CASE STATUS: Hearing Partially Held; continued to
May 27, 2003 CASE STATUS: Hearing Partially Held; continued to
May 23, 2003 Advocate`s Request to Take Judicial Notice (filed via facsimile).
May 23, 2003 Joint Prehearing Stipulation (filed via facsimile).
May 22, 2003 Notice of Hearing (filed by B. New via facsimile).
May 22, 2003 Motion for Exemption from Rule of Sequestration (filed by J. Peterson via facsimile).
May 22, 2003 Subpoena ad Testificandum (2), R. Gross, G. Greer filed via facsimile.
May 22, 2003 Emergency Motion to Quash Subpoena or for a Protective Order and Memorandum of Law in Support Thereof (filed by B. New via facsimile).
Apr. 23, 2003 Advocate`s Second Request for Production filed.
Apr. 14, 2003 Notice of Taking Deposition Duces Tecum J. Holt (filed via facsimile).
Apr. 08, 2003 Advocate`s Response to Respondent`s Request for Production of Documents to the Advocate filed.
Apr. 08, 2003 Certificate of Service of Advocate`s Answers to Interrogatories to Advocate filed by J. Peterson.
Apr. 01, 2003 Notice of Taking Deposition Duces Tecum, J. Holt (filed by J. Peterson, III via facsimile).
Mar. 05, 2003 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for May 27 through 30, 2003; 9:00 a.m.; Tampa, FL).
Mar. 03, 2003 Respondent`s Unopposed Motion to Continue Administrative Hearing filed.
Feb. 05, 2003 Notice of Service of Advocate`s First Interrogatories to Respondent filed.
Feb. 05, 2003 Advocate`s First Request for Production filed.
Feb. 05, 2003 Advocate`s First Request for Admissions filed.
Jan. 31, 2003 Order of Pre-hearing Instructions issued.
Jan. 31, 2003 Notice of Hearing issued (hearing set for April 14 through 18, 2003; 9:00 a.m.; Tampa, FL).
Jan. 30, 2003 Order of Consolidation issued. (consolidated cases are: 03-000122EC, 03-000199EC, 03-000200EC)
Jan. 22, 2003 Initial Order issued.
Jan. 13, 2003 Order Finding Probable Cause filed.
Jan. 13, 2003 Advocates Recommendation filed.
Jan. 13, 2003 Report of Investigation filed.
Jan. 13, 2003 Determination of Investigative Jurisdiction and Order to Investigate filed.
Jan. 13, 2003 Complaint filed.
Jan. 13, 2003 Agency referral filed.

Orders for Case No: 03-000199EC
Issue Date Document Summary
Jan. 27, 2004 Agency Final Order
Oct. 30, 2003 Recommended Order The Advocate proved two of the alleged violations (using public resources to type private letters and prepare teaching materials). The RO discusses appropriate "non-business" letters and activities, and the allegations of misuse of public resources.
Source:  Florida - Division of Administrative Hearings

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