The Fifth District Court of Appeal reversed an order issued by the Florida Commission on Ethics that concluded that a state senator violated Section 112.313(6), Florida Statutes, by asserting his position as a state senator to bully a deputy sheriff into permitting him access to a stadium parking lot through a barricaded roadway. A copy of the opinion, styled Siplin v. Comm’n on Ethics, Case No. 5D09-3638 (Fla. 5th DCA Feb. 25, 2011) can be found here.
The Fifth District held that substantial competent evidence did not support the administrative law judge’s factual findings, which were adopted by the Florida Commission on Ethics, that concluded that the state senator acted “corruptly,” which is an element of the misuse statute, Section 112.313(6). “Corruptly” is statutorily defined as being “done with a wrongful intent and for the purpose of obtaining, or compensating or receiving compensation for, any benefit resulting from some act or omission of a public servant which is inconsistent with the proper performance of his or her public duties.” Fla. Stat. § 112.312(9). The Fifth District held:
No allegation has been made that Siplin used his position in an attempt to avoid receiving or paying the traffic citation. Instead, the ethics violation is based on his allegedly using his position to bully [the deputy sheriff] into letting him access the parking lot through a barricaded route. The Commission points to no law or ethics code that prohibited Siplin from asking to go through the barrier. In fact, Siplin was ultimately allowed to go through the barricade not because he was “corruptly” using his official position as a state senator but because he was creating a scene by refusing to move his vehicle as instructed by law enforcement.
Prepared by: Robert Telfer III
