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Steven R. Andrews, P.A.

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Steven R. Andrews
steve@ndrewslawoffice.com 822 North Monroe Street
Brian 0. Finnerty Tallahassee, Florida 32303
bfinnerty@andrewslawoftice.com
Telephone (850) 681-6416
Ryan J. Andrews
ryan@ndrewslawoftice.com Facsimile (850) 681-6984
Court Service
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November 13, 2017

VIA: Electronic Transmission &

Hand Delivery

Joe Negron
President, Florida Senate
302 The Capitol
404 South Monroe Street
Tallahassee, FL 323 99-1100

Re: Violation of Rule 1.48

Dear President Negron:

On November 9, 2017, Senator Benacquisto addressed the media regarding an alleged

complaint that was filed against Senator Jack Latvala. See Certified Transcript dated November
13, 2017 and attached hereto as Exhibit "1". During that interview, Senator Benaquisto was
asked whether she, as the Rules Chair, had received a sworn complaint against Senator Jack
Latvala. See Certified Transcript at pg. 4, lines 2-9. In response to that inquiry, Senator
Benacquisto stated "/ have. I have." Id at line 10 (emphasis added).
Senator Benacquisto' s public comment violated the confidentiality provision outlined in
Senate Rule 1.48(8). Rule 1.48(8) provides that a:
"formal complaint about a member or officer of the Legislature [is
exempt from inspection and copying] until the complaint is dismissed, a
determination as to probable cause has been made, a determination that
there are sufficient grounds for review has been made and no probable
cause panel is to be appointed, or the respondent has requested in
writing that the President of the Senate or the Speaker of the House of
 Representatives make public the complaint or other records relating to
the complaint, whichever occurs first. "

None of these preconditions were met when Senator Benaquisto offered public comment regarding
the alleged complaint.
On the same day that Senator Benacquisto was offering public comment regarding the
alleged complaint, John Phelps, as the Staff Director for the Florida Senate Committee on Rules,
refused to provide me with a copy of the sworn complaint that was allegedly filed with the Senate
Committee on Rules. See letter from John Phelps dated November 9, 2017 attached hereto as
Exhibit "2". Mr. Phelps refusal was based upon his recognition that any such complaint was
exempt from disclosure as a public record on November 9, 2017. See Exhibit "2". In further
justification for refusing to provide me with a copy of the alleged complaint, Mr. Phelps admitted
that Senator Benacquisto had publicly discussed the alleged complaint but he incorrectly asserted
that she had not identified the subject of the alleged complaint. Id. (denying that Senator
Benacquisto "confirmed that a complaint has been filed against any specific Senator, Officer, or
Lobbyist."). Senator Benacquisto's statements clearly refute that assertion, and Mr. Phelps' letter
serves as an admission that her comments were improper and violated Senate Rule 1.48.
According to Mr. Phelps interpretation of Rule 1.48, a "Senator will only receive notice of a
complaint once a Special Master is appointed." In this instance, Senator Latvala learned of the
alleged complaint through media reports that were based solely on Senator Benacquisto' s public
comment.

Senator Benacquisto' s public comment regarding the alleged complaint is a material breach
of the Senate Rules and mandates her disqualification from any further involvement in the
investigation and/or disposition of any complaint against Senator Latvala. As you are aware, the
Senate Rules are designed to protect all parties and Senator Benacquisto' s breach of these
important procedural safeguards cannot be ignored. Her breach implicates the integrity of the
process and her intent is irrelevant. Her disqualificaf will likewise ensure that any other
potential conflict of interest will be avoided which ght w from her relationship with any
alleged complainant or with any other person w has tion that is relevant to the
investigation/disposition of the complaint.

SRA/ls

Enclosures
 THE FLORIDA SENATE
COMMITTEE ON RULES
Location
402 Senate Office Building
Mailing Address
404 South Monroe Street
Tallahassee, Florida 32399-1100
(850) 487-5350
Senator Lizbeth Benacquisto, Chair
Senator Perry E. Thurston, Jr., Vice Chair
Professional Staff: John B. Phelps, Staff Director
Senate's Website: www.flsenate.gov

November 9, 2017

Steven G. Webster, Esq. FAX TRANSMITTAL

Law Office of Steven G. Webster, LLC (850) 224-2283
1615 Village Square Blvd., #5
Tallahassee, FL 32309

Dear Mr. Webster:

I am in receipt of your letter dated November 8, 2017, requesting a copy of a sworn complaint.
Senator Benacquisto has only confirmed that a complaint has been received by the Committee on
Rules. The Senate has not confirmed that a complaint has been filed against any specific Senator,
Officer or Lobbyist.

Pursuant to Senate Rule 1.43, a complaint received by the Senate is referred to the Rules Chair
for a determination of whether the complaint states facts supporting a finding of probable cause.
Once that determination is made a Special Master is appointed and the complaint is referred to
the Special Master. The Special Master is then required to provide reasonable notice to a Senator
who is alleged to have violated the Rules.

A Senator will only receive notice of a complaint once a Special Master is appointed. Based on
the above referenced rule this is the only information the Senate can provide on the above
referenced complaint.

JOE NEGRON ANITERE FLORES

President of the Senate President Pro Tempore
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2 __________________________________________

4 STATEMENT

5 __________________________________________

7 DATE: NOVEMBER 13, 2017

8 TIME: 12:30 P.M.

9 TRANSCRIBED BY: DANA W. REEVES

Court Reporter and
10 Notary Public in and for
State of Florida at Large
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1 PERSONS PRESENT

2 MIKE VASILINDA

3 LIZBETH BANACQUISTO

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1 STATEMENT

2 MR. VASILINDA: Where are you with finding

3 someone to handle the Latvala investigation?

4 MS. BENACQUISTO: The president is working on

5 that and the Office of Legislative Services is

6 helping in that process as they are acting in that

7 capacity at the moment.

8 MR. VASILINDA: And have you received a sworn

9 complaint from someone?

10 MS. BENACQUISTO: I have. I have.

11 MR. VASILINDA: Is there someone calling into

12 question Rule 1.43, that there is a sworn

13 complaint?

14 MS. BENACQUISTO: There is.

15 MR. VASILINDA: Okay.

16 MS. BENACQUISTO: There is.

17 MR. VASILINDA: And how quickly do you think

18 this might all start unfolding?

19 MS. BENACQUISTO: The most important part

20 right now is to make sure that we find, through the

21 work of the Office of Legislative Services, a firm,

22 or multiple firms, that can handle this

23 investigation. Having an impartial not connected

24 to any portion of the legislative process firm is

25 paramount, and that process is ongoing. It is my

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1 hope that that happens quickly, but I'm not in

2 charge of that portion of the process.

3 MR. VASILINDA: Okay. Any thoughts from

4 senate leadership on the letter his lawyer sent

5 yesterday saying an impartial judge, confront his

6 accusers?

7 MS. BENACQUISTO: I believe that the president

8 will help in the selection process and the Office

9 of Legislative Services will pick a firm that they

10 believe will look after the best interest of all

11 parties involved, the accused, the accuser, and

12 make sure that there is a fairness to the process.

13 MR. VASILINDA: You know, I heard you

14 yesterday say the process is working, but as we saw

15 today it is, but it is still preoccupied with a lot

16 of tension here. Could it be wrapped up before the

17 end of session -- start of session?

18 MS. BENACQUISTO: Certainly that is the desire

19 so that we can be singularly focused on the work

20 that is before us, but you see that's happening

21 today. The committee meetings that are going on,

22 the bills that are being discussed. There is a lot

23 of really work going on in the legislature, in the

24 senate right now, and we're all very focused on the

25 job at hand, and then we have a second focus on

Premier Reporting (850) 894-0828 Reported by: Dana Reeves

114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com
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1 making sure that the process is fair and people are

2 treated properly.

3 MR. VASILINDA: Anything else I need to know

4 before I --

5 (End of audio recording.)

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2 TRANSCRIPT CERTIFICATE

3 STATE OF FLORIDA )

4 COUNTY OF LEON )

5 I, DANA REEVES, Court Reporter, hereby certify

6 that the foregoing transcript of a audio-recorded

7 proceedings was taken down as stated in the caption, and

8 the questions and answers thereto were reduced to

9 typewriting under my direction;

10 That the foregoing pages 3 through 6 represent

11 a true, correct, and complete transcript of the

12 tape-recording;

13 And I further certify that I am not of kin or

14 counsel to the parties in the case; am not in the

15 regular employ of counsel for any of said parties; nor

16 am I in anywise interested in the result of said case.

17 Dated this 13th day of November, 2017.

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22 _____________________

23 DANA W. REEVES
NOTARY PUBLIC
24 COMMISSION #FF968527
EXPIRES MARCH 22, 2020
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Premier Reporting (850) 894-0828 Reported by: Dana Reeves

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