STEPHEN GONOT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Stephen Gonot, a city commissioner and mayoral candidate, was convicted of grand theft, official misconduct, and falsifying records. The court affirmed his convictions, holding that Gonot qualified as a public servant under Florida law based on his status as an incumbent city commissioner at the time he allegedly falsified campaign reports, not merely as a candidate.
Gonot was properly convicted of official misconduct because he qualified as a public servant by virtue of his status as a city commissioner at the time of the alleged offense. The statutory exclusion for candidates who do not "otherwise qualify" as public servants did not apply to him, as he simultaneously held an incumbent municipal office.
[1] A public servant who falsifies an official record with corrupt intent to obtain a benefit or cause harm commits official misconduct.
[2] A candidate for public office may qualify as a "public servant" under Florida law if they otherwise hold a public office or position.
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Join FLexlaw to unlock all legal intelligence“unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause harm to another, to ... [fjalsify, or cause another person to falsify, any official record or official document”
States the statutory basis for the official misconduct charge under Florida law
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Join FLexlaw to unlock all legal intelligenceGonot was a city commissioner for Deerfield Beach who was also running as a candidate for mayor. He was charged with falsifying a campaign report in c…
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We affirm appellant’s convictions for grand theft, official misconduct, and falsifying records and write to address his contention that he was entitled to a judgment of acquittal on the count of official misconduct.
Section 838.022(l)(a), Florida Statutes (2007), makes it “unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause harm to another, to ... [fjalsify, or cause another person to falsify, any official record or official document.” In this case, the basis for the official misconduct charge was that appellant falsified a campaign report as part of his campaign for mayor of Deer-field Beach. On appeal, appellant focuses on section 838.022(2)(a), which defines “public servant” as not “including] a candidate who does not otherwise qualify as a public servant,” for the argument that “he was not a public servant at the time of the alleged offense” but was “merely a candidate for public office.”
However, as the State argues, at the time appellant was a candidate for mayor, he “otherwise qualified] as a public servant” by virtue of his status as a city commissioner. Chapter 838 defines “public servant” as including “[a]ny officer or employee of a state, county, municipal, or special district agency or entity.” § 838.014(6)(a), Fla. Stat. (2007). The statute distinguishes a mere candidate from a public job or office holder in order to reach the evil of public servants misusing their office. Here, appellant was not just a candidate at the time of the offense; it was his dual status as a candidate and an incumbent commissioner that brought him within the ambit of the statute. This fact distinguishes this case from Clement v. State, 895 So.2d 446 (Fla. 2d DCA 2005), where the defendant was only a candidate who did not hold any public office at the time of the offense.
Affirmed.
WARNER, J., and STONE, BARRY J., Senior Judge, concur.
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