State v. Polnac

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 Condominiums1 (hereinafter “DBR”) investigated Leisure Time to…