In a precedent-setting legal opinion, First District Court of Appeals Judge Phil Padovano ruled today that legislators are entitled to the common law immunity from prosecution and cannot be compelled to testify about how they arrived at their decisions. Download 1st DCA ruling on legislative immunity
The ruling reversed a trial court decision that had forced Rep. Rick Kriseman, a St. Petersburg Democrat, and his aide to testify about the source of legal documents they obtained during the 2011 legislative debate over how to tax online travel companies.
Expedia had subpoenaed Kriseman and his aide, David Flintom, so they could ask how they obtained confidential company documents that were sealed as part of the court record in a Georgia case over online travel company taxes. Download Flintom - subpoena for deposition on 11-04-2011The lower court ruled that the legislators and his aide could be deposed but required that the questions be limited.
Padovano disagreed with the lower court, threw out the subpoena and quashed the decision. He acknowledged that in Florida, unlike other states, the courts have "not yet directly held that a member of the state legislature is entitled to claim a testimonial privilege."