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Letter from Frank Farkas to Stephen Kahn

December 1, 2005

Mr. D. Stephen Kahn, Senate Counsel

Dear Mr. Kahn:

Though I have yet to receive my original copy of your letter dated November 29, 2005, regarding the Senate's inquiry into a recent fundraising trip I participated in, the Office of the Speaker was kind enough to provide me with a copy of your letter.

Your claim that I have refused to participate in the inquiry is completely false. You are well aware that prior to the request contained in your letter, you have never contacted me directly, verbally or otherwise, to make any such request. Likewise, I have had no communication with either you, or anyone else in the Senate President's office, suggesting that I was unwilling to participate in the inquiry.

Equally troubling is the timing and distribution of your correspondence. Though I have yet to receive the original copy you presumably mailed to my district office, members of the press corps were provided copies much earlier yesterday. This led to an onslaught of reporters' phone calls at time I was out of my office traveling on legislative business. The resulting unpleasant stories splashed across the front page of newspapers this morning, including a headline in my local newspaper that was an outright lie, are a bell that cannot be un-rung.

To say I am outraged would be polite. During my seven years in public office I have always held the public's trust as my most sacred of charges. To see it called into question by an inference that I would intentionally frustrate a search for the truth is a direct affront to my character and integrity. I do not take that lightly.

Let me repeat what I have said many times, I have absolutely nothing to hide. As a result, I am fully willing and prepared to participate in a factual inquiry to share the details. However, I have serious concerns about taking part in your inquiry without your cooperation on the following two points:

First, I would like a written retraction making it very clear that you never contacted me, nor have you made a direct request to me, for my participation in the inquiry, prior to the current request in question, and that I likewise have never communicated directly to you any refusal to participate in the inquiry.

Second, please provide a detailed, written explanation of the process by which your correspondence was distributed, including to whom and exactly when. Please also detail who was responsible for releasing it to the news media well in advance of the time it was anticipated that I would actually receive the original letter.

Section 2 of Article III of the Florida Constitution provides that each house is subject to scrutiny only by the membership of the house in which they serve. Accordingly, the Speaker has advised me that it is inappropriate for the Senate to question members of the House with respect to their conduct. The Speaker previously decided an inquiry into the issue by the House was unwarranted and therefore unnecessary.

Nevertheless, Speaker Bense has informed me that the final decision as to whether or not I participate in the inquiry rests in my hands. While I would not normally deviate from the Speaker's counsel, I believe he will appreciate the fact that your actions in this matter have resulted in placing me in a very difficult and awkward situation.

I look forward to your reply at your earliest convenience.

Frank Farkas,