(SANTA ROSA COUNTY, F.L.) --- Fire Kerry website signs were the backdrop of the Santa Rosa County Commission meeting on August 11.
Commissioner Kerry Smith was accused of unethical conduct and a lack of transparency regarding a recent international business trip. Resident Marshall Kinney accused Smith of stealing six of his personal campaign signs off his property.
Kinney, of East Milton, said Kerry was taking the signs because “they were trash, and on the right of way,” rather than on the gate on his private property.
“He (Commissioner Kerry) drove past, he slammed on his brakes, he backed up to the point of squealing his tires on Ward Basin Road in the curve, pulls off at my driveway, gets out, and he gets my signs,” Smith said.
Kinney said his signs are 12 feet away from the county's 25 feet of right-of-way and provided the board members with pictures and measurements of his property along with the deed stating where his property begins and ends.
(Photo: Marshall Kinney makes Santa Rosa County Commission aware of possible unethical and illegal campaign practices of Commissioner Kerry Smith)
Kinney said Kerry, who lives down the road from him, has campaign signs on his property on Virginia Lane less than two feet from the road. Kinney called out a double standard, saying the commissioner "is led by echoes rules for thee and not for me,” adding the commissioner is violating his 1st Amendment by operating his vehicle in an unsafe manner, along with trespassing and stealing his campaign signs.
If these allegations are true, laws could have been violated, and penalties could be pursued. Campaign signs are considered personal property under Florida Statute 812.014. If someone takes a sign without the owner’s permission, it is considered petty theft. Additionally, Florida Statute 806.13 states that damaging or breaking a sign is criminal mischief.
In this case, the signs were thrown away, which could be considered damage. Finally, trespassing in Florida is defined as entering private property without permission; reaching or removing a sign can add a trespassing charge.
Penalties that can be enforced range from a Second-Degree Misdemeanor charge if the stolen or damaged sign is under $200. This charge can also carry a punishment of up to 60 days in jail and six months’ probation with a $500 fine. If multiple signs were stolen at the same time and the value exceeds $200, the charges may be elevated to a first-degree misdemeanor or higher.
This could also increase potential jail time with higher fines.
Chrissy Smith also expressed concern that elected officials, specifically Smith have been “getting away with breaking laws."
(Photo: Citizen Chrissy Smith expresses her grievance with how Commissioner Kerry Smith may be abusing power while campaigning)
“The citizens are sick and tired of what we're seeing in Santa Rosa County,” Smith said of Commissioner Smith using the seal in two campaign videos. “That is breaking a misdemeanor law. It should not be right for you to do it if no other candidate can do it.”
Smith referred to Florida Statute 112-313e, noting public officials are prohibited from using their official position or public resources for personal benefit, including political benefits. Furthermore, Smith noted the statute also states that public buildings cannot be used for political campaigning.
“It’s not right,” Smith said.
This session of the Santa Rosa County Commission brought to light two different allegations of unethical behavior by Commissioner Smith as well as abuse of political power and unlawful and prohibited campaign strategies.
“You all want trust, but you are never going to get it by doing the things that you are doing,” Smith said.
To add to or correct any information in this report, please get in touch with me at james.b@lead4earth.org.
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