August 1, 2018 - State Attorney Archer Issues Determination and Response to State Representative Fine

Today (August 1st), State Attorney Phil Archer issued his response to a letter from State Representative Randy Fine requesting an investigation of sitting Brevard County Commissioner Curt Smith for criminally misusing his office to campaign.

In a detailed open letter Mr. Archer explained "I received your letter of July 30, 2018 requesting my office conduct an investigation of Brevard County Commissioner Curt Smith for violating Florida Statute Sect. 104.31 (2) for engaging in political campaigning for elective office while on duty. You are correct that an "employee" of the state, county or any political subdivision is prohibited from such activities while on duty. However, Commissioner Smith is not an employee. He is an elected "officer" and as such the provisions of subsection (2) do not apply to him."

Mr. Archer then pointed out how the legislature made a "deliberate decision to omit an "officer" from section 2 for good reason," explaining that an elected officer is considered on duty 24/7 from the time they take office.

State Attorney Archer denounced Fine's allegations of "meddling" in local elections and any inference that he could not objectively conduct an investigation into this matter because of an endorsement. "When I have an opportunity to share my opinion as to a particular candidate I can assure you I will continue to do so." He added, "I will leave it up to the citizens of this community to decide if I have made the right decision."

Download Archer Letter

Todd Brown

Public Information &

(321) 617-7310
(321) 704-0220 Mobile

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