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Morgan R.

Bentley
Chair
Edwin Scales, Ill
Vice Chair
Michelle Anchors
Matthew F. Carlucci
I. Martin Ford
Tom Freeman
Susan Horovitz Maurer
Linda McKee Robison
Stanley M. Weston
Mr. Timothy "Chaz" Stevens
PO Box I 123
Deerfield Beach, FL 33443
State of Florida
COMMISSION ON ETHICS
P.O. Drawer 15709
TaiJabassee, Florida 32317-5709
3600 Maclay Boulevard South, Suite 201
Tallahassee, Florida 32312
"A Public Office is a Public Trust"
August 28, 20 13
RE: Complaint No. 11-071, In re LEE GIANNINO
Dear Mr. Stevens:
Virlindia Doss
Executive Director
C. Christopher
Anderson, Ill
General Counsell
Deputy 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 Friday, January 25, 20 I 3, for the
purpose 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 written response you wish to file will be provided to the Commission for its consideration. If
you wish to file a response, it should be received by the Commission no later than Monday, August 20,
2012. In addition, you will need to provide a copy of the response to the Respondent at the address
provided below.
The meeting will begin at 8:30 a.m. in the Department of Transportation Auditori um, 605 Suwanee
Street, Tal lahassee, Florida. If you plan to attend, please notifY our office at least two days prior to the
meeting.
Please do not hesitate to contact the Advocate at (850) 414-3300 or our office if you have any questions
concerning this matter.
Enclosure
cc: Mr. Lee Giannino, Respondent
5028 NW 11 th Way
Pompano Beach, FL 33064-8624
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BEFORE THE
STATE OF FLORIDA
COMMISSION ON ETHICS
In rc: Lee Giannino,
OAG GEN CIVIL
850 488 4872 p 3/6
Respondent.
Complaint No. 11-071
------------------'
JOINT STIPULATION OF FACT, LAW, AND RECOMMENDED OB!)ER
Respondent, 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 that
they enter into this stipulated settlement in lieu of further hearirtgs in this cause. The parties
stipulate as follows:
STIPULATED FINDINGS OF FACT
1) 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 of
Ethics for Public Officers and Employees, Pan III, Chapter 1 1 ~ Florida Statutes.
2) On May 31, 2011, a sworn Complaint was filed with the Commission on Ethics
alleging that Respondent had violated the Code of Ethics.
3) Pursuant to Section 112.322, Florida Statutes. the Executive Director of the
Commission on Ethics found that the Complaint was legally sufficient and ordered a preliminary
investigation of the Complaint for a probable cause determination of whether Respondent
violated 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 to
believe Respondent had violated Section 112.313(7)(a), Florida Statutes.
The allegation is:
Respondent violated Section 112.313(7)(a), Florida StatuteS by having a
conflicting employment or contractual relationship when he served as
president of a private company that leased office space from the Housing
Authority.
S) Respondent admits the facts as set forth in the Report of Investigation, which is
incorporated by reference in this Joint Stipulation.
6) Respondent enters into this Stipulation with the understanding of the seriousness
of the 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 lease
agreement prepared by the Housing Deerfield Beach Housing Authority. Respondent recognizes
the importance of full and complete compliance with all ethical standards and requirements and
gives his assurance that this proceeding has affected the manner in which he conducts himself as
a public official in a positive way.
STIPULATED CONCLUSIONS OF LAW
7) Respondent is subject to the provisions of Part III, Chapter 112. Florida Statutes,
the Code of Ethics for Public Officers and Employees.
8) The Commission on Ethics has jurisdiction over the Complaint filed in this
proceeding and over Respondent
9) Respondent violated Section 112.313(7)(a), Florida Statutes by having a
conflicting employment or contractual relationship when he served as president of a private
company 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 Stipulated
Findings of Fact, above.
STIPULATED RECOMMENDED ORDER
11) 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 further 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 the 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 STIPULATIONS
14) 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 full
knowledge and understanding of its contents. Respondent and the Advocate further stipulate and
covenant that this Joint Stipulation constitutes the full agreement of the parties and that there are
no oral or written understandings between the parties other than those contained in this
Stipulation of Fact, Lawt and Recommended Order.
15) Respondent and the Advocate stipulate and covenant that, in consideration of the
provisions of this 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 the
Commission 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 and
ratification. In the event that it is not approved by the Commission on Ethics as written, this
document shall be of no purpose and effect and shall not be deemed an admission by
Respondent.
17) Effective upon approval ofthis Joint Stipulation ofFact, Law, and Recommended
Order 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 2013.
Melody A. Ha cy
Advocate for the Florida
Commission on Ethics
Florida Bar No. 0636045
Office of the Anomey General
The Capitol, PL-01
Tallahassee, Florida 32399-1050
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