The State appeals a trial court order suppressing several statements made by the defendant based upon the trial court’s finding of equitable immunity. We reverse because we find that the doctrine of equitable immunity does not exist in Florida.
The Defendant Mr. James Polnac (hereinafter “Polnac”) is both the president and director of Leisure Time Vacations, Inc. (hereinafter “Leisure Time”), a company which engages in the business of selling timeshares. The Department of Business Regulation, Division of Florida Land Sales and Condominiums
Following the DBR’s investigation, the Monroe County State Attorney’s Office filed criminal charges against Polnac based in part on the statements Polnac had made to the DBR investigator.
On appeal, the State contends that the trial court incorrectly relied on a theory of equitable immunity in granting Polnac’s motion to suppress. The State further contends that Florida law does not recognize the doctrine of equitable immunity, and accordingly posits that Polnac’s statements should not have been suppressed. Polnac, on the other hand, maintains that Florida does recognize the doctrine of equitable immunity, and he contends that the trial court properly applied this doctrine in the instant case. For the following reasons, we find that Florida law does not recognize the concept of equitable immunity as advanced by Polnac, and, accordingly, we reverse.
In its Order granting Polnac’s motion to suppress, the trial court correctly determined that a DBR investigator could not grant immunity from criminal prosecution under Florida Statute, Section 914.04. The trial court, however, incorrectly relied on a theory of equitable immunity in granting Pol-nae’s Motion to Suppress Admissions Illegally Obtained. In Florida, “[i]mmunity from prosecution is a creature of statute.” City of Hollywood v. Washington,
Instead of denying the defendant’s claim of immunity, the trial court in the instant case granted “equitable immunity” to Polnac and suppressed Polnac’s admissions. In doing so, the trial court relied on Rowe v. Griffin,
Reversed and remanded for further proceedings consistent herewith.
Notes
. Pursuant to Chapter 721 of the Florida Statutes, the DBR is responsible for overseeing the creation, operation and management, including the public offering and sale, of timeshare interests in the State of Florida.
. Chapter 721, entitled the "Florida Vacation Plan and Timesharing Act," among other things, regulates and establishes the procedures “for the creation, sale, exchange, promotion, and operation of timeshare plans.” § 721.02, Fla.Stat. (1995).
. Although the DBR does have authority to levy civil penalties, it does not have authority to prosecute criminal violations under Chapter 721. See § 721.26, Fla.Stat. (1995). Similarly, DBR investigators do not have statutory authority to grant immunity from criminal prosecution.
. The DBR investigator reported Polnac’s admissions to the prosecuting authorities. See § 455.2277, Fla.Stat. (1995).
