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BENNETT v. COMMISSION ON ETHICS

No. 5D03-1669.

871 So.2d 924 (2004)

Samuel G.S. BENNETT, Appellant, v. COMMISSION ON ETHICS, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 5, 2004.

Attorney(s) appearing for the Case

C. Allen Watts and Ty Harris, of Cobb & Cole, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, and James H. Peterson, III, Assistant Attorney General, Tallahassee, for Appellee.

TORPY, J.

Samuel Bennett ("Appellant") challenges the determination by Appellee, Commission on Ethics ("the Commission") that he corruptly used his position as Chairman of the Council of the Town of Pierson, Florida, to obtain a special benefit in violation of section 112.313(6), Florida Statutes (1999). Because we conclude that the evidence does not support a finding of corrupt intent by Appellant, we reverse.

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