WILLIAM SPAUDE v. COMMISSION ON ETHICS (2022)

William Spaude, Mayor of the City of Bushnell, appeals the Final Order of the Florida Commission on Ethics which determined that he violated section 112.313(6), Florida Statutes (2022). Spaude argues that the Commission failed to establish by clear and convincing proof that he acted corruptly as defined by sections 112.313 and 112.312(9). We agree that neither the facts nor the law support a finding that Spaude acted corruptly as that term is defined.

Accordingly, we reverse and quash the Commission's final order. Based on this ruling, we do not reach Spaude's remaining argument regarding the lack of proportionality of the penalty imposed to the violations found.

REVERSED. ORDER QUASHED.

I respectfully dissent because I conclude that the evidence was sufficient to support a finding that Mayor Spaude acted “corruptly.” Here, while the benefit obtained was arguably small, a reasonable finder of fact could conclude that Spaude acted “with a wrongful intent and for the purpose of obtaining ․ a[ ] benefit resulting from [the] act ․ which is inconsistent with the proper performance of [Spaude's] public duties.” § 112.312(9), Fla. Stat. (2022).

PER CURIAM.

EDWARDS and HARRIS, JJ., concur. EISNAUGLE, J., dissents, with opinion.