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FUGATE v. FLORIDA ELECTIONS COM'N

No. 1D05-2916.

924 So.2d 74 (2006)

John J. FUGATE, Appellant, v. FLORIDA ELECTIONS COMMISSION, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 28, 2006.

Attorney(s) appearing for the Case

Keith C. Tischler of Jolly & Peterson, P.A., Tallahassee, for Appellant.

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

R.W. Evans and William E. Powers, Jr., of Allen, Norton & Blue, P.A., Tallahassee, for Amicus Curiae/Florida Sheriffs Association.

PER CURIAM.

Appellant was charged with "willfully" violating section 104.31(1)(a), Florida Statutes (2003), which forbids a public official from using his or her official authority or influence for the purpose of influencing another person's vote. See § 106.25(3), Fla. Stat. (2003) (engrafting upon Chapter 104 the requirement that violations thereof be "willful"). Because the term "willful" is not defined in Chapter 104, and because, as will be explained...

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