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IN RE: FRANTZ PIERRE vs *, 20-000124EC (2020)

Court: Division of Administrative Hearings, Florida Number: 20-000124EC Visitors: 17
Petitioner: IN RE: FRANTZ PIERRE
Respondent: *
Judges: MARY LI CREASY
Agency: Florida Commission on Ethics
Locations: Miami, Florida
Filed: Jan. 14, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 4, 2020.

Latest Update: Feb. 01, 2025
Summary: DAT,E FILED SEP 1 5 2021 COMMISSION ON ETHICS BEFORE THE STATE OF FLORIDA COMMISSION ON ETHICS In re FRANTZ PIERRE, ) ) Complaint No. 16-130 Respondent. ) Final Order No. 21-022 FINAL ORDER AND PUBLIC REPORT The State of Florida Commission on Ethics, meeting in public session on September 10, 2021, adopted the Joint Stipulation ofFact, Law, and Recommended Order (Stipulation), entered into between the Advoca
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20000124_282_09162021_07461566_e


JoAnne Leznoff

Chair

John Grant

Vice Chair Michelle Anchors Antonio Carvajal Travis Cummings Don Gaetz

Glenton "Glen" Gilzean, Jr. William "Willie" N. Meggs Jim Waldman


State of Florida

COMMISSION ON ETHICS

P.O. Drawer 15709 Tallahassee, Florida 32317-5709


325 John Knox Road Building E, Suite 200 Tallahassee, Florida 32303


"A Public Office is a Public Trust"

Kerrie J. Stillman

Executive Director


Caroline M. Klancke

Deputy Executive Director/

General Counsel


(850) 488-7864 Phone

(850) 488-3077 (FAX)

www.ethics.state.fl.us


September 15, 2021


The Honorable Ron DeSantis Governor, State of Florida

The Capitol, 400 S. Monroe St. Tallahassee, Florida 32399-0001


Re: Complaint No. 16-130; In re: FRANTZ PIERRE Dear Governor Desantis:

The Florida Commission on Ethics has completed a full and final investigation of a complaint involving Mr. Frantz Pierre, as a member of the City Council of the City of North Miami Beach.

Pursuant to Section 112.324(8), Florida Statutes, we are reporting our findings and recommending appropriate disciplinary action to you in this case.


Enclosed are copies of our final order and of our file in this matter. As we have found pursuant to a stipulation that Mr. Pierre violated the Code of Ethics in the manner described by our order, we recommend that you publicly censure and reprimand him and impose a civil penalty upon him in the total amount of$1,000 (one thousand dollars), penalties which he has agreed to be subjected to and to pay. If we may be of any assistance to you in your deliberations, please do not hesitate to contact us. We would appreciate your informing us of the manner in which you dispose of this matter. For information regarding collection of the civil penalty, please contact the Office of the Attorney General, Ms. Elizabeth A. Miller, Assistant Attorney General.


KJS/cmk Enclosures

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

Ms. Elizabeth A. Miller, Commission Advocate Ms. Stephanie Kienzle, Complainant


Filed September 16, 2021 8:00 AM Division of Administrative Hearings


BEFORE THE STATE OF FLORIDA

COMMISSION ON ETHICS

DAT,E FILED

SEP 1 5 2021

COMMISSION ON ETHICS


In re FRANTZ PIERRE,


Respondent.

)

) Complaint No. 16-130

)

)

)

Final Order No. 21-022


FINAL ORDER AND PUBLIC REPORT


The State of Florida Commission on Ethics, meeting in public session on September 10, 2021, adopted the Joint Stipulation of Fact, Law, and Recommended Order (Stipulation), entered into between the Advocate for the Commission and the Respondent in this matter.

In accordance with the Stipulation, which is attached hereto and incorporated by reference, the Commission finds that the Respondent, who served as a member of the City Council of the City of North Miami Beach, violated Section 112.313(2), Florida Statutes, by soliciting and/or accepting moneys, funds, value, or "loans" obtained directly or indirectly from Dean Tyler, Platinum South, Inc., and/or Dean's Gold Club based upon an understanding that Respondent would be influenced in his official capacity; finds that the Respondent violated Section 112.313(4), Florida Statutes, by accepting moneys, funds, values, or "loans" obtained directly or indirectly from Dean Tyler, Platinum South, Inc., and/or Dean's Gold Club when he knew, or with the exercise of reasonable care, should have known that the things of value were given to influence him in his official capacity; and finds that the Respondent violated Section 112.313(6), Florida Statutes, by soliciting and/or accepting moneys, funds, value, or "loans" obtained directly or indirectly from Dean Tyler, Platinum South, Inc., and/or Dean's Gold Cub and soliciting and/or

accepting contributions under the guise of a "turkey giveaway" and keeping all of or some of the money for himself.

Further, in accordance with the Stipulation, the Commission hereby dismisses Allegation VII, regarding the violation of Section 112.3148(8), Florida Statutes, by failing to file a statement with the Commission on Ethics for gift(s) valued in excess of $100.

For these violations, in accordance with the Stipulation, the Commission hereby recommends that the Governor publicly censure and reprimand the Respondent and impose a civil penalty upon him in the total amount of $1,000 (one thousand dollars), penalties which he has agreed to be subjected to and to pay.1


1 The civil penalty of $1,000 total is comprised of a civil penalty of $250 associated with Allegation I involving the Respondent's violation of Section 112.313(2), Florida Statutes, a civil penalty of

$250 associated with Allegation II involving the Respondent's violation of Section 112.313(4), Florida Statutes, and a civil penalty of $500 associated with Allegation III involving the Respondent's violation of Section 112.313(6), Florida Statutes, as set forth in the Stipulation. Further, the Commission dismissed Allegation VII associated with the violation of Section 112.3148(8), Florida Statutes, as set forth in the Stipulation.

ORDERED by the State of Florida Commission on Ethics meeting in public session on September 10, 2021.


JG/cmk


cc: Mr. Benedict P. Kuehne and Mr. Mark Herron, Attorneys for Respondent Ms. Elizabeth A. Miller, Commission Advocate

Ms. Stephanie Kienzle, Complainant


Docket for Case No: 20-000124EC
Issue Date Proceedings
Sep. 16, 2021 Agency Final Order and Public Report filed.
Dec. 04, 2020 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Dec. 04, 2020 Advocate's Motion to Cancel Hearing, Close File, and Relinquish Jurisdiction filed.
Jun. 22, 2020 Order Rescheduling Hearing by Video Teleconference (hearing set for December 8, 2020; 9:00 a.m.; Miami and Tallahassee, FL).
Jun. 19, 2020 Parties' Joint Response to Order Granting Continuance filed.
Jun. 12, 2020 Order Granting Continuance (parties to advise status by June 19, 2020).
Jun. 11, 2020 Respondent's Unopposed Motion for Continuation of Hearing No Earlier than September 1, 2020, and Extension of Pretrial Deadlines for Sixty (60) Days filed.
Jun. 01, 2020 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).
Mar. 11, 2020 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).
Mar. 11, 2020 Order Regarding Motion for Stay of Proceedings.
Mar. 05, 2020 Respondent's Notice of Conferral for Motion for Stay Proceedings Pending Resolution of Related Criminal Case filed.
Mar. 03, 2020 Advocate's Motion to Strike and Opposition to Respondent's Motion for Stay of Proceedings Pending Resolution of Related Criminal Case filed.
Mar. 02, 2020 Respondent's Notice of Service of Discovery: Answers to Requests for Admission; Answers to First Set of Interrogatories filed.
Mar. 02, 2020 Respondent's Motion for Stay of Proceedings Pending Resolution of Related Criminal Case filed.
Jan. 29, 2020 Advocate's Witness List filed.
Jan. 29, 2020 Advocate's Exhibit List filed.
Jan. 22, 2020 Order of Pre-hearing Instructions.
Jan. 22, 2020 Notice of Hearing by Video Teleconference (hearing set for April 13 and 14, 2020; 9:00 a.m.; Miami and Tallahassee, FL).
Jan. 22, 2020 Joint Response to Initial Order filed.
Jan. 22, 2020 Advocate's Notice of Service of Discovery filed.
Jan. 15, 2020 Initial Order.
Jan. 14, 2020 Order Finding Probable Cause filed.
Jan. 14, 2020 Advocate's Recommendation filed.
Jan. 14, 2020 Report of Investigation filed.
Jan. 14, 2020 Order for Supplemental Investigation of Facts Materially Related to Complaint filed.
Jan. 14, 2020 Determination of Investigative Jurisdiction and Order to Investigate filed.
Jan. 14, 2020 Complaint Amendment filed.
Jan. 14, 2020 Complaint filed.
Jan. 14, 2020 Agency referral filed.

Orders for Case No: 20-000124EC
Issue Date Document Summary
Sep. 15, 2021 Agency Final Order DAT,E FILED 
SEP 1 5 2021 
COMMISSION ON ETHICS
BEFORE THE STATE OF FLORIDA COMMISSION ON ETHICS 
In re FRANTZ PIERRE, ) 
) Complaint No. 16-130 
Respondent. ) 
Final Order No. 21-022 
FINAL ORDER AND PUBLIC REPORT 
The State of Florida Commission on Ethics, meeting in public session on September 10, 2021, adopted the Joint Stipulation ofFact, Law, and Recommended Order (Stipulation), entered into between the Advocate for the Commission and the Respondent in this matter. 
In accordance with the Stipulation, which is attached hereto and incorporated by reference, the Commission finds that the Respondent, who served as a member of the City Council of the City of North Miami Beach, violated Section 112.313(2), Florida Statutes, by soliciting and/or accepting moneys, funds, value, or "loans" obtained directly or indirectly from Dean Tyler, Platinum South, Inc., and/or Dean's Gold Club based upon an understanding that Respondent would be influenced in his official capacity; finds that the Respondent violated Section 112.313 ( 4 ), Florida Statutes, by accepting moneys, funds, values, or "loans" obtained directly or indirectly from Dean Tyler, Platinum South, Inc., and/or Dean's Gold Club when he knew, or with the exercise of reasonable care, should have known that the things of value were given to influence him in his official capacity; and finds that the Respondent violated Section 112.313(6), Florida Statutes, by soliciting and/or accepting moneys, funds, value, or "loans" obtained directly or indirectly from Dean Tyler, Platinum South, Inc., and/or Dean's Gold Cub and soliciting and/or accepting contributions under the guise of a "turkey giveaway" and keeping all of or some of the money for himself. 
Further, in accordance with the Stipulation, the Commission hereby dismisses Allegation VII, regarding the violation of Section 112.3148(8), Florida Statutes, by failing to file a statement with the Commission on Ethics for gift(s) valued in excess of$100. 
For these violations, in accordance with the Stipulation, the Commission hereby recommends that the Governor publicly censure and reprimand the Respondent and impose a civil penalty upon him in the total amount of $1,000 (one thousand dollars), penalties which he has agreed to be subjected to and to pay. 1 
1 The civil penalty of$1 ,000 total is comprised ofa civil penalty of$250 associated with Allegation I involving the Respondent's violation of Section 112.313(2), Florida Statutes, a civil penalty of $250 associated with Allegation II involving the Respondent's violation of Section 112.313(4), Florida Statutes, and a civil penalty of $500 associated with Allegation III involving the Respondent's violation of Section 112.313(6), Florida Statutes, as set forth in the Stipulation. Further, the Commission dismissed Allegation VII associated with the violation of Section 112.3148(8), Florida Statutes, as set forth in the Stipulation. 
ORDERED by the State of Florida Commission on Ethics meeting in public session on 
September 10, 2021. 
JG/cmk 
cc: Mr. Benedict P. Kuehne and Mr. Mark Herron, Attorneys for Respondent Ms. Elizabeth A. Miller, Commission Advocate Ms. Stephanie Kienzle, Complainant
Source:  Florida - Division of Administrative Hearings

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