In re GARY SIPLIN,

BEFORE THE fSlJATE;OJ?'FLORIDA

C0 1ISS·ION ON ETHICS

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DATE FILED

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COMMiSSION ON ETHiCS

t :i "J f'11• -::- c:;1 •Pi,,r. Complamt No. 06-274

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Respondent.

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) Final Order No. COE 11-060

FINAL ORDER AND PUBLIC REPORT UPON MANDATE OF THE DISTRICT COURT OF APPEAL

This matter came before the Commission on Ethics, meeting in public session on June 17,

2011, upon the mandate of the District Court of Appeal, Fifth District, issued in GARY SIPLIN v.

COMMISSION ON ETHICS, Case No. 5D09-240 (May 6, 2011). The Court's opinion in the case

concludes that the Respondent's conduct did not rise to the legal definition of acting corruptly for

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purposes of violating Section 112.313(6), Florida Statutes.

Pursuant to the mandate, the Commission finds that the Respondent did not violate Section 112.313(6), Florida Statutes, and hereby dismisses the complaint.

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

17, 2011.

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Roy Rogers 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 BOULEYARD SOUTH, SUITE 201, 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.

Copies furnished to:

Mr. Mark Herron, Attorney for Respondent

Ms. Dianne Guillemette, Commission Advocate Mr. Marcus Robinson, Complainant

Honorable R. Bruce McKibben, Administrative Law Judge

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THIS CAUSE HAVING BEEN BROUGHT TO THIS COURT BY APPEAL OR BY PETITION, AND AFTER DUE CONSIDERATION THE COURT HAVING ISSUED ITS OPINION OR DECISiON;

YOU ARE HEREBY COMMANDED THAT FURTHER PROCEEDINGS AS MAY BE REQUIRED BE HAD IN SAID CAUSE IN ACCORDANCE WITH THE

RULING OF THIS COURT ATTACHED HERE TO AND INCORPORATED AS PART OF THIS ORDER, AND WITH THE RULES OF PROCEDURE AND LAWS OF THE STATE OF FLORIDA.

WITNESS THE HONORABLE DAVID A. MONACO, CHIEF JUDGE

OF THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, FIFTH DISTRICT, AND THE SEAL OF THE SAID COURT AT DAYTONA BEACH, FLORIDA ON THIS DAY.

DATE: May 6, 2011

FIFTH DCA CASE NO. 5009-3638

COUNTY OF ORIGIN: Orange

TRIAL COURT CASE NO. COE 09-240, OOAH 08-3482EC

(ADMINISTRATIVE)

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Docket for Case No: 08-003482EC

Orders for Case No: 08-003482EC