Loebig v. Florida Commission on Ethics
A former Department of Revenue taxpayers' rights advocate challenged a Commission on Ethics advisory opinion holding that the Department was his "agency employer" for the two-year post-employment representation ban in section 112.313(9)(a)4. The First DCA reversed, holding that after the 2018 amendments transferring appointment and direction of the advocate to the Chief Inspector General, the Department merely provides administrative support and does not control the advocate's duties, so it is not his employing agency. The court also held that because the Code of Ethics is penal, any ambiguity in "employed" must be strictly construed in the employee's favor.
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