Florida Ethics Update: Ethics Commission Determinations—April Meeting
May 5, 2025
During its meeting on Friday, April 25, 2025, the Florida Commission on Ethics (Commission), the constitutionally created independent agency tasked with interpreting and enforcing the State’s ethics laws, took action on a myriad of matters involving the Code of Ethics for Public Officers and Employees (Florida Code of Ethics) and the “Sunshine Amendment” to the State constitution (Art. II, s. 8, Fla. Const.).
Public Session
Reversal of Ethics Determination on Appeal Finalized by Commission
The Commission began the meeting by unanimously approving an order that reversed its previous finding against Douglas Underhill, a former Escambia County Commissioner, and adopted the Recommended Order of the Administrative Law Judge (ALJ) finding that Underhill had violated the gifts law by accepting a prohibited donation to his personal legal defense fund from a vendor, lobbyist, or the principal lobbyists of the County, and failed to disclose reportable gifts having a value of more than $100 on a From 9, Quarterly Gift Disclosure. The Recommended Order also found that Underhill failed to report the gift of free personal legal services provided by a law firm. The Commission adopted the penalty recommendation in the Recommended Order of public censure and reprimand and a civil penalty of $5,000, for imposition by the Governor.
The final order approved on Friday is the result of a recent decision issued by the First District Court of Appeal, overturning certain portions of the Ethics Commission’s initial determination in Douglas Underhill v. State Commission on Ethics, Case No. 1D2022-3429. In the decision, released on February 26, 2025, the court overturned portions of the Ethics Commission’s decision in the matter and found that because “the Commission incorrectly applied” relevant ethics law provisions concerning the solicitation of gifts and the misuse of public information and because “the Commission abused its authority when it increased recommended penalties” from $5,000 to $35,000 the court set aside the Commission Final Order with instructions to adopt the findings and penalties originally recommended by the ALJ at the Division of Administrative Hearings (DOAH).
The Underhill Final Order will have reverberations outside of this particular case as it impacts portions of ethics complaint determinations and ethics advisory opinions CEO 23-5 and CEO 24-5 issued during the pendency of the Underhill appeal and which found, in part, that general requests for donations on a reporting individual’s website or GoFundMe page qualified as “soliciting” gifts for purposes of the gifts law and expenditure ban. However, the court has not disturbed the interpretation also present in these opinions that the acceptance of monetary contributions and donations by a public official—either in person or through electronic platforms (such as GoFundMe pages)—given by restricted sources, including lobbyists and vendors of that public official’s agency, are gifts which can still implicate and violate ethics laws concerning gift acceptance.
Ethics Complaint Settlements
During the meeting the Commission considered and approved the settlements (referred to as “Stipulations”) of three ethics complaint matters.
The first of which involved an amended ethics complaint settlement entered into between Boca Raton Housing Authority Commissioner, Angela McDonald, and the Commission’s Attorney (referred to as “Advocate”). The Commission found that McDonald failed to report her acceptance of gifts valued at more than $100. At its December 11, 2024, meeting the Commission had also found probable cause that McDonald had also violated the anti-solicitation provisions of the gifts law, but subsequently dismissed this charge via the amended settlement in recognition of the First District Court of Appeal ruling in Douglas Underhill v. State Commission on Ethics, Case No. 1D2022-3429 on the solicitation of gifts. At Friday’s meeting, and in light of the sole remaining ethics violation involving the failure to report gifts having a value of more than $100, the Commission recommended the Governor impose a civil penalty of $500 and public censure and reprimand.
The Commission also adopted a settlement agreement between the Commission’s Attorney and Town of Lauderdale-By-The-Sea Commissioner, Kenneth Brenner. The settlement finds Brenner violated Florida’s Constitution and the financial disclosure law by filing an inaccurate 2023 Form 6, “Full and Public Disclosure of Financial Interests.” In light of this ethics violation, the Commission recommended that the Governor impose a civil penalty of $250.
In addition, the Commission adopted an amended settlement between the Commission’s Attorney and Winter Garden City Commissioner, Ron Mueller finding that the Commissioner had violated the gifts law when he failed to disclose donations in excess of $100 made to a GoFundMe account he set up to raise funds to use toward his cat’s medical bills. Although the Commission had initially also found probable cause at its December 11, 2024, meeting that the Commissioner had violated the law by soliciting a gift from a vendor or lobbyist of the City—this charge was dismissed in recognition of the First District Court of Appeal ruling in Douglas Underhill v. State Commission on Ethics, Case No. 1D2022-3429. At Friday’s meeting, and in light of the sole remaining ethics violation, involving the failure to report gifts having a value of more than $100, the Commission recommended the Governor impose a civil penalty of $250 and public censure and reprimand.
Consideration of Legal Sufficiency
A complaint filed against District Legislative Aide for Senator Jason Pizzo, Joanne Alvarez, was dismissed for failure to constitute a legally sufficient complaint. The complaint was considered during public session because Alvarez waived confidentiality.
Approval of Ethics Advisory Opinion to County Commissioners Serving on Board of Business Entity Created by County
In an ethics advisory opinion approved at the meeting, the Commission advised Miami-Dade County Commissioners that their uncompensated service on the board of directors of a business entity created by the County to assist in public and affordable housing matters did not give rise to a prohibited conflict of interest. In the opinion the Commission reasoned that no conflict existed as a “unity of interest” between the County and the business entity was present because it will function exclusively for the benefit of the County and the uncompensated board service did not involve an employment or contractual relationship.
Denial of Lobbying Firm Fine Appeal
During the meeting, the Commission denied an appeal filed by the lobbying firm, The Policy Standard, LLC, and affirmed the $1,550 automatic fine assessed for the executive branch lobbying firm’s late-filed 2024 fourth quarter compensation report.
Litigation Update
The Executive Director’s Report filed for this meeting indicates that the Commission currently has four matters that have been appealed and which are in different stages of the appellate process. At the meeting the Commission’s General Counsel and Deputy Executive Director, Steven Zuilkowski, spoke on one such matter President of the Town Council Elizabeth A. Loper et. al. v. Lukis et. al., USCA Case No. 1:24-cv-20604-JAL, which involves the constitutionality of a 2023 law change requiring city commissioners to file a Form 6, “Full and Public Disclosure of Financial Interests” as opposed to the more limited Form 1, “Statement of Financial Interests.”
At the meeting the General Counsel stated that inquiry had been made by Ethics Commissioner Laird A. Lile, concerning what could be done to “get this matter moving.” He stated that the Commission is currently under a temporary injunction permitting city commissioners to file a Form 1. He explained that the Commission has appealed the injunction and recently filed a Motion for Summary Judgment which is pending before the court. He further stated that it was both his recommendation and that of the Attorney General representing the Commission in the matter that the agency await the determination in the matter and the commissioners present agreed without comment.
Ethics Legislative Update
The 2025 Regular Legislative Session commenced on March 4th. During the Commission’s meeting the agency’s Executive Director, Kerrie Stillman, advised the Commission as to several bills that the agency is tracking having ethics and open government import, and which appeared likely to pass.
Of particular note is SB 348/HB 399 which seeks to amend the Florida Code of Ethics to prevent instances of “stolen valor” by prohibiting public officials from knowingly misrepresenting their Armed Forces service records, awards, or qualifications. Stillman advised that these bills also seek to afford the Commission with the authority to engage in salary withholding for public officials that have been found to have violated the ethics requirements—authority which the Commission has sought via its current Legislative Recommendations for the 2025 Session.
Learn about these bills and others having ethics and open government impact via FEI’s Florida Ethics Legislative Reports.
Executive Session
During its closed session meeting (wherein confidential and exempt matters are addressed) the Commission took action on sixty-two (62) matters. In a Press Release issued April 30, 2025, the Commission made the following findings.
Ethics Complaints Considered for Probable Cause
During the Executive Session meeting, eleven (11) ethics complaints were considered for probable cause. Commission determinations regarding probable cause are based upon the ethics complaint, the Report of Investigation, the Advocate’s Recommendation, as well as written statements submitted by the respondent (against whom the complaint is filed) and any oral statements made at the meeting. At the meeting to determine probable cause the Commission may find that no probable cause exists to believe that a violation of the Code of Ethics or other breach of the public trust has occurred, and a public report will be issued concluding the matter and closing the file. Conversely, the Commission may find that probable cause exists to believe that a violation has occurred and order a public hearing of the complaint before the Division of Administrative Hearings (DOAH) or it may find that probable cause exists but no further action should be taken in the matter due to the totality of the circumstances. A finding of probable cause is not a determination that a violation has occurred. Such a determination is made only after a full evidentiary hearing on the allegations.
The Commission considered a complaint filed against former Council Member and Mayor of the Town of Otter Creek, Russell Meeks, Sr. in which no probable cause was found to believe Meeks abused his position to obtain a disproportionate benefit and misused his position when a plumbing company he managed billed the town for items purchased from a local supply company that were used to install a filter system at the Town’s water plant, where time and labor were not charged for the install.
No probable cause was found on an allegation that Fort Meade City Commissioner, Jaret Williams, used information not available to the general public to benefit himself to purchase multiple properties with liens that would be included in a City Lien Amnesty Program.
No probable cause was found to believe that a former Orange County Chief Innovation and Technology Officer, Simone Babb, misused her position during a Request for Proposal process in order to award a bid to a particular vendor.
The Commission considered a complaint filed against Levy County Commissioner, Desiree Mills. No probable cause was found to believe Mills had a prohibited business relationship when her bank bid on and purchased a county-owned building. No probable cause was found on allegations that she failed to accurately file her 2020, 2021, and 2022 Form 6, “Full and Public Disclosure of Financial Interest.”
The Commission held a probable cause hearing on allegations regarding Upper Captiva Fire Protection and Rescue Service District Chair, Duncan Rosen. No probable cause was found to believe Rosen violated ethics laws by doing business with his agency when a company he had an ownership interest in provided emergency barge services following hurricanes that impacted his district. Allegations that Rosen had a conflicting contractual relationship that created a continuing or frequently recurring conflict between his private interests and the performance of his public duties, that he abused his position to obtain a disproportionate benefit, and that he misused his position were all dismissed with a finding of no probable cause.
No probable cause was found on an allegation that Lake Butler City Commissioner, Rondoll Huggins, had a voting conflict when he voted on an agenda item about a proposed rezoning of an area to permit mobile homes where his aunt owned property. An allegation that he misused his position when he reached out to City staff members for assistance with the proper procedure for rezoning was also dismissed with a finding of no probable cause.
In a related complaint, probable cause was found on an allegation that Lake Butler City Commissioner, Annette Redman, had a voting conflict when she voted on the proposed rezoning of an area to permit mobile homes where her sister owned property. An allegation that she misused her position when she reached out to City staff members for assistance with the proper procedure for rezoning also resulted in a finding of probable cause.
The Commission held a probable cause hearing on allegations regarding Marco Island City Council Member, Tamara Goehler. Probable cause was found to believe Goehler abused her position to obtain a disproportionate benefit and misused her position when she attempted to influence the content of police reports about her two dogs attacking a neighbor’s dog and minor daughter.
In a referral from the Office of the State Attorney, First Judicial Circuit, the Commission voted to find probable cause that New Road to Learning, Inc. Board of Directors Member, E.J. Hudson, violated ethics laws by doing business with his agency when a construction company that he owned provided construction services for New Road Learning. An allegation that he had a conflicting contractual relationship that created a continuing or frequently recurring conflict between his private interests and the performance of his public duties also resulted in a finding of probable cause. However, the Commission elected to take no further action on both allegations due to the particular circumstances of the matter.
In a referral from the Florida Department of Law Enforcement, the Commission voted to find probable cause to believe Brevard County Commissioner, Bryan Lober, violated the constitutional amendment prohibiting abuse of office to obtain a disproportionate benefit and misused his position when he used his county-issued P card and the County’s tax-exempt certificate on purchases made in connection with his re-election campaign.
In a complaint filed against Kenneth Smith, no probable cause was found regarding an allegation that he engaged in lobbying of Executive Branch agencies or officials prior to registering to lobby the Executive Branch.
The Commission also granted a request by the Complainant to withdraw a complaint filed against Tim Thomas, a Candidate in the Special Election for Senate, District 19.
Ethics Complaints Dismissed for Lacking Legal Sufficiency
The Commission also reviewed and dismissed fifty (50) ethics complaints for lacking legal sufficiency. These reviews are limited to questions of jurisdiction and determinations as to whether the contents of the complaint are adequate to allege a violation of the Code of Ethics or other laws within the Commission’s jurisdiction. In any matter where a complaint is found legally insufficient and dismissed, the Commission will issue an order explaining the rationale for the dismissal. Once an order dismissing the complaint has been rendered, the order dismissing the complaint and all documents related thereto will become public records.
At its meeting the Commission dismissed complaints filed against the following public servants due to a lack of legal sufficiency: ANTHONY HAWKEYE, Cory Lake Isles CDD Board of Supervisors; JOHN LAU, Titusville Police Chief; KEN BURKE, Sixth Judicial Circuit Clerk of Court; AIMEE SPENCER, Winter Park Historic Preservation Board Member; JEFFREY BRIGGS, Winter Park Planning Director Emeritus; KELSEY WOLFE, Winter Park Historic Preservation Board Member; LUCY BOUDET, Winter Park Historic Preservation Board Member; DREW HENNER, Winter Park Historic Preservation Board Member; JOHN SKOLFIELD, Winter Park Historic Preservation Board Member; WADE MILLER, Winter Park Historic Preservation Chair; DANIEL LANGLEY, Winter Park Deputy City Attorney; SAMMY ST. JOHN, Suwannee County Sheriff; RICK RAMSAY, Monroe County Sheriff; RONALD ACOFF, Cory Lake Isles CDD Board of Supervisors; MEREDITH MCLEAN, Naples Director of Domestic Animal Services; JENNIFER TUCKER, Astatula Town Clerk; SANTIAGO AVILA, JR., Deltona Mayor; TERRENCE ANDREWS, Palm Beach School District Team Leader of Transportation Services; LATOYA BUNCHE, Palm Beach Schools General Manager of Transportation Services; MARY FRANCES ERNST, Eleventh Judicial Circuit Assistant State Attorney; SARAH JAMES, Marion County School Board Member; DOMENIC DILULLO, Broward County Chief Information Officer; GEORGE TABLACK, Broward County Chief Financial Officer; DAVID KAHN, Broward County Director of Human Resources; GEORGE MIKITARIAN, CEO of the Parrish Medical Center and an employee of the North Brevard County Hospital; BETH NELSON, Bay County Sheriff’s Office Supervisor within the Records Department; HEATHER HART, Bay County Sheriff’s Inspector with the Professional Standards Unit; GEORGE JACOB THOMAS, Fort White Mayor; MAURICE NELSON CAMPBELL, Fort Meade Community Redevelopment Agency Advisory Board Member; DENISE HOUSEBERG, Indian Rocks Beach Mayor/City Commissioner; ANDRESSA SANTOS MIRA, Pasco County School District Vice Principal for Thomas Weightman Middle School; DEBORAH ANNE HENRY, Marco Island City Council Member; MICHAEL J. CHITWOOD, Volusia County Sheriff; DARRIN PALUMBO, Marco Island City Council Member; BONITA K. SCHWAN, Marco Island City Council Member; BARBARA ARNOLD, Fort Meade City Commissioner; VERONICA HAIRSTON, Fort Meade Chief Operations Officer; AMIRA FOX, State Attorney for the 20th Judicial Circuit; DARRELL THOMPSON, Long Lake Ranch Community Development District Supervisor; DENNIS MCFATTEN, Marion County Schools Executive Director of Safety and Security; JAMES MARTIN, Maplewood Elementary School Assistant Principal; CHRISTINE CARTER, Maplewood Elementary School Principal; JORDAN SINGLETARY, Maplewood Elementary School Teacher; MATT NOBLE, Village of Estero City Planner; MATTHEW INGERSOLL, Village of Estero Building Official; ROBERT ESCHENFELDER, Village of Estero Attorney; STEVE SARKOZY, Village of Estero City Manager; JOHN BUCHHOLZ, Wildblue Community Development District Supervisor; RICHARD BENNINGTON, Wildblue Community Development District Supervisor; GREGORY TONY, Broward County Sheriff.