STATE OF FLORIDA EXECUTIVE OFFICE OF THE GOVENOR
EXECUTIVE ORDER NUMBER 15-226
WHEREAS, by Executive Order Number 13-94, David McLean was suspended from his public
office as a member of the City Commission ofthe City of Margate, Florida; and
WHEREAS, the suspension ordered by Executive Order Number 13-94 was predicated upon
Bribery in Programs Receiving Federal Funds, a felony, in violation of 1 8 United States Code section
666(a)(l)(B) & (a)(2); and
WHEREAS, On October 30, 2015, David McLean, through counsel, contacted the Executive
Office of the Governor with information that the United States Court of Appeals for the Eleventh Circuit
issued an opinion on, September 24, 2014, affirming the District Court's order acquitting David McLean
of the federal charges supporting his suspension; and
WHEREAS, section 112.51(6), Florida Statutes, provides that "[i]f the municipal official is
acquitted . . . of the charges which were the basis of the arrest, indictment, or information by reason of which
he or she was suspended under the provisions of this section, then the Governor shall forthwith revoke the
suspension and restore such municipal official to office"; and
WHEREAS, On October 28, 2015, the State Attorney for the Seventeenth Judicial Circuit of
Florida charged David McLean by information with :
Bribery, in violation of Florida Statute Section 838.015(1) and (3), Unlawful Compensation in
violation of Florida Statute Section 83 8.0 16( 1 ), (2), and ( 4), a second count of Unlawful Compensation, in
violation ofFiorida Statute Section 838.016(1), (2), and (4), Official Misconduct, in violation ofFJorida
Statute Section 838.022(1 )(a), (2), and ( 4), a second count of Official Misconduct, in violation of Florida
Statute Section 83 8.022( 1 )(c), (2), and ( 4 ), a third count of Official Misconduct, in violation of Florida
Statute Section 838.022(1)(c), (2), and (4), Grand Theft, in violation of Florida Statute Section
812.014(I)(a)-(b) and (2)(c)(3); and
WHEREAS, the violations charged in the information are all felonies under the laws of the State
of Florida; and
WHEREAS, section 112.51 (2), Florida Statutes, provides that the Governor may suspend from
office any elected municipal officer who is informed against for the commission of a felony; and
WHEREAS, it is in the best interests of the residents of the City of Margate, and the citizens of
the State ofFiorida, that David McLean not return to his duties as a member of the City Commission of the
City of Margate, Florida, upon the grounds set forth in this executive order.
NOW, THEREFORE, I, RICK SCOTT, Governor of Florida, pursuant to section 112.51 , Florida
Statutes, find as follows:
A. David McLean was at all times material a member of City Commission of the City of
Margate, Florida.
B. The office of City Commission of the City of Margate, Florida, is within the purview of
the suspension powers of the Governor, pursuant to section 112.51, Florida Statutes.
C. The attached information, which is incorporated as if fully set forth in this Executive Order,
alleges that David McLean committed multiple felonies under the Jaws of the State of Florida. This
suspension is predicated upon the attached information.
BEING FULLY ADVISED in the premises, and in accordance with the Constitution and the laws
of the State of Florida, this Executive Order is issued, effective today:
Section 1. Executive Order 13-94 is hereby revoked.
Section 2 . Based upon the attached information, David McLean is suspended from the public
office, to wit: member of the City Commission of the City of Margate.
Section 3. David McLean is prohibited from performing any official act, duty, or function of
public office; from receiving any pay or allowance; and from being entitled to any of the emoluments or
privileges of public office during the period of this suspension, which period shall be from today, until a
further Executive Order is issued, or as otherwise provided by law.
IN TESTIMONY WHEREOF, I have hereunto set my hand and have caused the Great Seal of the State of Florida to be affixed at Tallahassee, this 12th day ofNovember, 2015.
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IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CffiCUIT IN AND FOR BROWARD COUNTY, STATE OF FLORIDA
STATE OF FLORIDA, INFORMATION FOR: Plaintiff,
I. BRIBERY 2F L 7 vs. II-ill. UNLAWFUL COMPENSATION 2F L 7
IV-VI. OFFICIAL MISCONDUCT 3F L4 DAVID MCLEAN, VII. GRAND THEFf 3F L3
Defendant.
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF FLORIDA:
COUNT I BRIBERY
MICHAEL J. SATZ, State Attorney for the Seventeenth Judicial Circuit of Fl01ida, as
Prosecuting Attorney for the State of Florida, in the County of Broward, by and through his
undersigned Assistant State Attorney, charges that beginning on or about May 1, 2011, and
continuing through January 30, 2013, in the County and State aforesaid, the Defendant DAVID
MCLEAN, while a Public Servant, to wit: a member of the Margate City Commission or the
Margate Community Redevelopment Agency or both, did corruptly request, solicit, accept, or agree
to accept for himself or another, or give offer or prorrilse to any public servant, any pecuniary or
other benefit not authorized by law, to wit: $5,000 U.S. currency received from Lutchman "Kris"
Singh, with an intent or purpose to influence the performance of any act or omission which Lutchman
"Kris" Singh believes to be, or DAVID MCLEAN represented as having been, either within his
official discretion, in violation of a public duty or in petformance of a public duty, to wit: the award
of a MCRA grant to Lutchman "Kris" Singh, contrary to Florida Statutes Section 838.015(1), and
(3), (L7) and
COUNTU UNLAWFUL COMPENSATION
MICHAEL J. SATZ, State Attorney for the Seventeenth Judicial Circuit of Florida as
Prosecuting Attorney for the State of Florida, in the County of Broward, by and through his
undersigned Assistant State Attorney, charges that on or about November 2, 2012, in .the County and
State aforesaid, the Defendant DAVID MCLEAN, while a Public Servant, to wit: a member of the
Margate City Commission or the Margate Community Redevelopment Agency ("MCRA") or bo~,
did corruptly request, solicit, accept, or agree to accept, or corruptly give, offer or promise, a
pecuniary or other benefit not authorized by law, to wit: $3,000 U.S. currency received from
Lutchman "Kris" Singh, for the past, present, or future exertion of any influence upon or with any
other public servant, and/or the past, present or future performance, non-performance, or violation
of any act or omission, which a person believes to have been, or which is represented to him or her
as having been, or the Defendant DAVID MCLEAN represents as having been, either within the
official discretion of the Defendant DAVID_ MCLEAN, in violation of a public duty or in
performance of a public duty, to wit: the award of a MCRA grant to Lutchman ''Kris" Singh,
contrary to Florida Statute Section 838.016 (1), and (2)and (4), (L7) and
2
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COUNT III
UNLAWFUL COMPENSATION
MICHAEL J. SATZ, State Attorney for the Seventeenth Judicial Circuit of Florida as
Prosecuting Attorney for the State of Florida, in the County of Broward, by and through his
undersigned Assistant State Attorney, charges that on or about January 30, 2013, in the County and
State aforesaid, the Defendant DAVID MCLEAN, while a Public Servant, to wit: a member of the
Margate City Commission or the Margate Community Redevelopment Agency or both, did corruptly
request, solicit, accept, or agree to accept, or corruptly give, offer or promise, a pecuniary or other
benefit not authorized by law, to wit: $2,000 U.S. cun·ency received from Lutchman "Kris" Singh,
for the past, present, or future exertion of any influence upon or with any other public servant, and/or
the past, present or future performance, non-performance, or violation of any act or omission, which
a person believes to have been, or which is represented to him or her as having been, or the Defendant
DAVID MCLEAN represents as having been, either within the official discretion of the Defendant
DAVID MCLEAN, I
in violation of a public duty or in performance of a public duty, to wit: the
award of a MCRA grant to Lutchman "Kris" Singh, contrary to Florida Statute Section 838.016 (1 ),
(2), and (4), (L7) and
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COUNT IV
OFFICIAL MISCONDUCT
MICHAEL J. SATZ, State Attorney for the Seventeenth Judicial Circuit of Florida as
Prosecuting Attorney for the State of Florida, in the County of Broward, by and through hls
undersigned Assistant State Attorney, charges that on or about October 30, 2012 through November
12, 2012, in the County and State aforesaid, the Defendant DAVID MCLEAN, while a Public
Servant, to wit: a member of the Margate City Commission or the Margate Community
Redevelopment Agency or both, with a corrupt intent to obtain a benefit for himself or another or to
cause unlawful harm to another, did falsify or cause another to falsify an official record or document,
to wit: the grant application to the MCRA approved on November 1, 2012, contrary to Florida Statute
Section 838.022(l)(a),(2), and (3), (L 4) and
COUNTY
OFFICIAL MISCONDUCT
MICHAEL J. SATZ, State Attorney for the Seventeenth Judicial Circuit of Florida as
Prosecuting Attorne~ for the State of Florida, in the County of Broward, by and through his
undersigned Assistant State Attorney, charges that on or about or between November 1, 2012, and
continuing thru November 7, 2012, in the County and State aforesaid, the Defendant DAVID
MCLEAN, while a Public Servant, to wit: a member of the Margate Chy Commission or the
Margate Community Redevelopment Agency ("MCRA") or both, with a corrupt intent. to obtain a
benefit for himself or another or to cause unlawful harm to another, did knowingly obstruct, delay,
or prevent the communication of information relating to the commission of a felony that directly
involves or affects the public agency or public entity served by the public servant, to wit: by
intentionally faiHng to vote on Item 3 (Res 390), and by intentionally failing to file a truthful voting
conflict disclosure form (Form 8B) acknowledging that he helped Lutchman "Kris" Singh file a
fraudulent application with the MCRA, and by intentionally failing to disclose that be, DAVID
MCLEAN, had received and would receive money for his help, contrary to Florida Statute Section
838.022(l)(c), (2), and (3), (L 4) and
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I I • I I
COUNT VI
OFFICIAL MISCONDUCT
MICHAEL J. SATZ, State Attorn~y for the Seventeenth Juclicial Circuit of Florida as
Prosecuting Attorney for the State of Florida, in the County of Broward, by and through his
undersigned Assistant State Attorney, charges that on or about November 7, 2012, in the County and
State aforesaid, the Defendant DAVID MCLEAN, while a Public Servant, to wit: a member of the
Margate City Commission or the Margate Community Redevelopment Agency or both, with a
corrupt intent to obtain a benefit for himself or another or to cause unlawful harm to another, clid
knowingly falsify or cause another to falsify an official record or document, to wit: Form 8B
Memorandum of Voting Conflict for County, Municipal and other local Public Officers signed by
DAVID MCLEAN and dated November 7, 2012, , contrary to Florida Statute Section
838.022(1)(a),(2), and (3), (L 4) and,
COUNT VII
GRAND THEFT
MICHAEL J. SATZ, State Attorney for the Seventeenth Judicial Circuit of Florida as
Prosecuting Attorney for the State of Florida, in the County of Broward, by and through his
undersigned Assistant State Attorney, charges that on or about or between May 1, 2011, and January
30, 2013, in the County and State aforesaid, the Defendant DAVID MCLEAN, did then and there
unlawfully and knowingly obtain or endeavor to obtain the property of the MCRA, to wit: U.S.
Currency, of the value of $10,000.00 or more, but less than $20,000.00, with the intent to either
temporarily or permanently deprive the Margate Community Redevelopment Agency of the right to
the property or a benefit from the property, or to appropriate the property to his own use or the use
of any person not entitled to the use of the property, contrary to Florida Statute Section
812.014(l)(a)-(b), and (2)(c)3, (L4), and
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STATE OF FLORIDA vs. DAVID MCLEAN INFORMATION
IDENTIFYING DATA W/M, 11/07/62,264-73-2666
COUNTY OF BROW ARD STATE OF FLORIDA
Personally appeared before me Timothy Donnelly duly appointed as an Assistant State Attorney of the 17th Judicial Circuit of Florida by MICHAEL J. SATZ, State Attorney of said Circuit and Prosecuting Attorney for the State of Florida in the County ofBroward, who being first duly sworn, certifies and says that testimony has been received under oath from the material witness or witnesses for the offense(s), and the allegations as set forth in the foregoing Information would constitute the offense(s) charged, and that this prosecution is instituted in good faith.
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///-4 ,7.-;.: {,.,/ Assistant Sta of Florida
SWORN TO AND SUBSCRIBED before me this 281h day of October, A.D., 2015.
HOWARD C. FORMAN Clerk of the Circuit Court, 17th Judicial Circuit, B ard County, Florida
To the within Information, Defendant pleaded _ _ _____ _ _____,..._.,
HOWARD C. FORMAN Clerk of the Circuit Court, 17th Judicial Circuit, Broward County, Florida
By ______ ____________ __
Deputy Clerk
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