FLORIDA COMMISSION ON ETHICS
THE DEMOCRATIC COALITION,
J. WHITFIELD LARRABEE,
SCOTT DWORKIN AND
JON COOPER
COMPLAINANTS

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)
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v.
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RICK SCOTT
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RESPONDENT
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______________________________)
COMPLAINT
1.

The Democratic Coalition is a political action committee. Scott Dworkin is one of the
co-founders of The Democratic Coalition. Jon Cooper is a co-founder and Chairman of
The Democratic Coalition.

2.

The complainant, J. Whitfield Larrabee, is an attorney licensed to practice law in
Massachusetts.

3.

Rick Scott (“Scott”), current Governor of Florida and candidate for United States Senate,
corruptly used and attempted to use his official position and the property and resources of
the State of Florida, including but not limited to the Governor’s mansion and the
personnel, property and resources of the Florida Department of Law Enforcement, to
corruptly interfere with and influence the election being conducted to select a United
States Senator for the State of Florida, to secure a special privilege, benefit or exemption
for himself in violation of Florida Statute 112.313 (6), Florida Statute 104.31(1)(a) and
other laws of Florida and the United States.

4.

Florida Statute 112.313 (6) provides in relevant part:
MISUSE OF PUBLIC POSITION.—No public officer, employee of an agency, or
local government attorney shall corruptly use or attempt to use his or her official
position or any property or resource which may be within his or her trust, or
perform his or her official duties, to secure a special privilege, benefit, or
exemption for himself, herself, or others. This section shall not be construed to
conflict with s. 104.31.

 5.

Florida Statute 104.31 provides in relevant part:
104.31 Political activities of state, county, and municipal officers and
employees.—
(1) No officer or employee of the state, or of any county or municipality thereof,
except as hereinafter exempted from provisions hereof, shall:
(a) Use his or her official authority or influence for the purpose of interfering with
an election or a nomination of office or coercing or influencing another person’s
vote or affecting the result thereof.

6.

On November 8, 2018, Scott ordered the Florida Department of Law Enforcement to
investigate elections offices in Palm Beach and Broward Counties in order to corruptly
aid and assist his campaign for election to the United States Senate.

7.

On November 8, 2018 the Rick Scott For Senate campaign committee, that is under
Scott’s control, filed suit against election officials in Palm Beach and Broward Counties
in furtherance of his campaign for election to the United States Senate.

8.

On November 8, 2018 Scott used the Governor’s mansion and other property of the State
of Florida to make partisan political attacks against Broward County Supervisor of
Elections Brenda Snipes and Palm Beach County Supervisor of Elections Susan Bucher
in connection with his campaign for election to the United States Senate. While standing
in the entranceway to the Governor’s Mansion, Scott stated: “I will not sit idly by while
unethical liberals try to steal this election from the great people of Florida.” Scott falsely
and corruptly implied that the County Supervisors were engaged in a “massive fraud.”
From the Governors’ mansion, Scott attacked his opponent, Senator Bill Nelson, accusing
him of hiring “Hillary Clinton’s lawyer.” Scott made false, corrupt, malicious and
defamatory statements against Senator Nelson’s lawyer, accusing him of coming to
Florida to steal the election. He announced that he was asking the Florida Department of
Law Enforcement to investigate the matter immediately. Scott stated: “No ragtag group of
liberal activists or lawyers from DC will be allowed to steal this election.” Scott made
numerous false and partisan statements. Scott used the Governor’s mansion for corrupt
and partisan purposes in service of his personal campaign for United States Senate and
not in a fair and impartial exercise of his duties as a Florida official and public servant.1

1

Damron, Aryssa, Washington Free Beacon, Rick Scott on Potential ‘Rampant Fraud’: ‘I
Will Not Sit Idly By While Unethical Liberals Try to Steal This Election,’ November 9, 2018
https://freebeacon.com/politics/rick-scott-potential-rampant-fraud-not-sit-idly-unethical-liberals-t
ry-steal-election/
-2-

 9.

Scott’s use of and/or threatened use of the Florida Department of Law Enforcement
amounted to threats, intimidation or coercion against Florida election officials in Broward
and Palm Beach Counties. Scott’s words and actions were an illegal attempt to use his
office to interfere with the election for his own political gain.

10.

Scott’s accusation of “rampant fraud” by election officials was without any factual
foundation, was made with knowledge of its falsity, involved a reckless disregard for the
truth and was made with malice. The false accusations were intended to unlawfully
threaten and intimidate election officials.

11.

On November 8, 2018 Scott used a podium, microphone and speaker to broadcast his
statement from the Governor’s mansion. If this equipment was the property of the State
of Florida, Scott illegally and unethically used it for his political campaign. If the
equipment was the property of Scott or his campaign, his use of the property provides
further evidence that his statement was made for his own personal benefit, for the benefit
of his political campaign and not for the benefit of the people of Florida.

12.

Scott’s activities provide probable cause to believe that he has engaged in illegal and
unethical activities, including but not limited to violations of Florida Statutes, Section
112.313(6) and Section 104.31.

Wherefore, the complainants demand that the Florida Commission on Ethics open an
investigation and take actions to enforce the law of Florida to the fullest extent possible.
Respectfully submitted,
J. Whitfield Larrabee, individually
and on behalf of The Democratic
Coalition, Scott Dworkin and
Jon Cooper.

_________________________
J. Whitfield Larrabee
Attorney at Law
251 Harvard Street, Suite 9
Brookline, MA 02445
jwlarrabee@gmail.com
(617) 566-3670

-3-

 Florida Commission on Ethics
O.?Drawer 15709, Tallahassee, Florida 32317-5709
Public Of?ce is a Public Trust" 

COMPLAINT

 

1. PERSON BRINGING COMPLAINT: 
Name: J. WHITFIELD LARRABEE TelephoneNumber: (617) 566 3670

 

 

 

Address: 251 HARVARD STREET, SUITE 9
City: BROOKLINE County: NORFOLK State: MA Zip Code: 02446

 

 

2. PERSON AGAINST WHOM COMPLAINT IS BROUGHT: 
Use a separate complaint form for each person you wish to complain against:

 

 

 

Name: RICK SCOTT . Telephone Number: (850) 483'7146
Address: STATE OF. FLORIDA, THE CAPITAL, 400 SOUTH MONROE STREET I
City: TALLAHASSEE County; LEON ZipCode: 32399-0001

 

 

Title of office or position held or sought: GOVERNOR AND CANDIDATE FOR Us SENATE

 

3. STATEMENT OF FACTS:
Please provide a full explanation of your complaint, describing the facts and the actions of the
person named above and why you believe he or she violated the law. Include relevant dates and
the names and addresses of persons whom you believe may be witnesses. Please do not submit
more than 15 pages, including this form. Please do not submit video or audio tapes, CDs, DVDs,
?ash drivesor other electronic media; such material will not be considered part of the complaint
and will be returned. 

4' OATH STATE OF M65 5/64/7564 5 

COUNTY OF- 7:01; .
l, the person bringing this complaint, do Sworn to (or affirmed) and subscribed before me this

swear or af?rm that the facts set forth in 11f day of VEMEEK 
the foregoing complaint and attachments 20 I  by . 

thereto are true and correct to the best of
my knowledge and belief.

COMPLAINANT

   
   
   

 

    
 
 



  

I I,  Mr Commissioin EXPIWS 0? 2020

 

 

 

 

 

(Print, Type, or Stamp Commissioned Name of Notary Public)

CE FORM 50_E?ec?ve January 9, 2017 Personally Known OR Produced Identi?cation 
Incorporated by reference in Rule F.A.C. Type of Identification Produced