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BROWN v. STATE, COM'N ON ETHICS

Nos. 1D06-6070, 1D06-6071.

969 So.2d 553 (2007)

Greg BROWN, Appellant, v. STATE of Florida, COMMISSION ON ETHICS, Robert Burgess, and Hilton Kelly, Appellees.

District Court of Appeal of Florida, First District.

November 30, 2007.

Attorney(s) appearing for the Case

Albert T. Gimbel and Mark Herron of Messer, Caparello & Self, Tallahassee; E. Gary Early, Tallahassee, for Appellant.

Philip Claypool, General Counsel, Julia Cobb Costas, Staff Attorney, and Daniel A. Carlton, Jr., Staff Attorney, Tallahassee, for Appellee Commission on Ethics; Joseph L. Hammons of Hammons Longoria & Whittaker, Pensacola, for Appellees Robert Burgess and Hilton Kelly.

PADOVANO, J.

This is an appeal by a public official from a final order denying costs and attorney fees under section 112.317(8) Florida Statutes (2004).1 We conclude that this statute does not require a public official who was falsely accused of an ethics violation to prove that the accusation was made with "actual malice." Based on the requirements stated in the text of the statute, the appellant...

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