Ex-Sen. Latvala might face bribery charges, experts say

TAMPA — If the early findings of a retired judge are correct, legal experts say, former state Sen. Jack Latvala could face a criminal bribery charge in a dramatic escalation of a sex scandal that has already upended the capital.

Latvala, a Clearwater Republican and former Senate budget chairman, was among the state's most powerful politicians before resigning Wednesday, the day after the judge issued a report suggesting he may have traded legislative support for sex with an unnamed lobbyist. The judge referenced a text message possibly backing up the lobbyist's account, evidence that lawyers said could mark the start of Latvala's unraveling.

“That could fall under either bribery or unlawful compensation,” said Bob Dekle, a longtime state prosecutor and retired University of Florida law professor.

Both charges are second-degree felonies under the Florida law for misuse of public office, and carry penalties of up to 15 years in prison or a $10,000 fine.

Bribery is to “request, solicit, accept, or agree to accept” any “benefit not authorized by law … to influence” an action that an official says is under their control, according to the statute. The unlawful compensation law is nearly identical.

A bribery charge would not require Latvala to have actually supported legislation in exchange for sexual favors, lawyers said. Simply agreeing to the trade — known widely as quid pro quo — would be a violation.

The Florida Department of Law Enforcement has begun to investigate.

A similar instance of corruption would be a police officer promising not to arrest someone in exchange for sex, said Miami lawyer and former prosecutor David S. Weinstein.

Such cases are hard to prove, experts said, especially against someone like Latvala.

Law enforcement will need to compile substantial evidence to justify a criminal filing. And that is where the text message comes in.

“If Latvala's going to be charged, it's not going to be on the basis of one lobbyist,” said Clearwater defense attorney Denis deVlaming.

Prosecutors will need multiple witnesses who work in different offices and do not know each other to offer similar accounts, he said, or corroborating evidence such as recordings and saved messages.