District Court of Appeal of Florida

An order of the Florida Elections Commission fining defendant for violating a statute forbidding a public official from using his authority or influence for the purpose of influencing another person's vote is reversed where the Commission's application of a statutory provision to the alleged violations was clearly erroneous and an ALJ's finding of "non-willfulness" was supported by competent substantial evidence.

Appellate Information

• Decided 02/23/2006
• Published 02/23/2006

Judges

• PER CURIAM.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Keith C. Tischler of Jolly & Peterson, P.A., Tallahassee, for Appellant., R.W. Evans and William E. Powers, Jr., of Allen, Norton & Blue, P.A., Tallahassee, for Amicus Curiae/Florida Sheriffs Association.


• For Appellees:
  
• Charlie Crist, Attorney General;  Jonathan A. Glogau, Chief, Complex Litigation, Tallahassee, for Appellee.