Florida Ethics Update: Ethics Commission Determinations—December Meeting
December 16, 2024
During its meeting on Friday, December 6, 2024, 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
Agency Welcomes New Members and Selects New Vice Chair
Commissioner Stewart is an insurance agent and former member of the Florida State Senate, representing District 17 in Orlando. She left office on November 5, 2024, and was appointed to serve on the Commission by the President of the Senate. Her term also expires June 2026.
Thereafter, the Commission voted to select Tina Descovich to serve as the new Vice Chair for the 2025-2026 term Vice Chair Descovich is the co-founder of Moms for Liberty, a national nonprofit that works to empower parents to defend their parental rights. She was appointed to serve on the Commission by the Governor and her term expires June 2025.
Dismissal of Ethics Complaint Filed Against Escambia County Commissioner
The Commission found no probable cause to believe that Escambia County Commissioner, Jeff Bergosh, violated the ethics laws by expending public dollars to cover the fine and fees of a former Escambia County paramedic and as part of a Settlement Agreement resolving a lawsuit involving the County. The Commission’s Attorney (referred to as “Advocate”), Melody Hadley, advised the Commission that Bergosh had waived confidentiality concerning the matter thereby enabling it to be heard during Public Session.
Hadley explained that as there was a public purpose for the expenditure and insufficient evidence to indicate that Bergosh brought the matter to the County Commission in a manner inconsistent with the proper performance of his public duties—and recommended a finding of no probable cause.
Thereafter, the Commission unanimously voted to find that there was no probable cause to indicate that Bergosh had misused his official position for the benefit of another person and dismissed the matter.
Consideration of Petition for Attorney’s Fees and Costs Against Ethics Complaint Filers
The Commission approved a petition for attorney’s fees and costs filed by the Mayor of Crescent City, Michelle Myers, against four filers of largely identical ethics complaints in which she is seeking that each complainant be required to pay $11,362 in attorney’s fees and $329 in transportation costs.
The initial complaints, which were dismissed with a finding of no probable cause in April 2024 after an investigation, alleged that Myers directed the City Manager and the City’s Community Redevelopment Agency (“CRA”) to solicit a local business owner to accept more than $44,655 in grants from the CRA for the benefit of his business and to induce him to run against Myers’ political opponent.
Following the dismissal of the complaints, Mayor Meyers filed a petition to recover attorney’s fees and costs associated with defending herself in the underlying ethics investigation. At the meeting, the Commission’s General Counsel and Deputy Executive Director, Steven Zuilkowski, advised the agency that recovery under the Florida Code of Ethics’ fee statute required a showing that the complaint was filed with a malicious intent to injure the reputation of the public official and that the filer knew that the allegations concerning violations of the Code were false or were made with a reckless disregard for the truth. In response to a question from Commissioner Lukis as to the standard for the determination at this stage of the proceeding, Zuilkowski advised that the sole consideration for the Commission was the legal sufficiency of the petition to “allow the matter to proceed to the next stage” which is an evidentiary hearing before the Division of Administrative Hearings (DOAH).
The attorney for the Mayor, Susan Erdelyi, stated that the Mayor filed the petition because she “is a citizen of her community and her good name has been maligned by these maliciously drafted petitions against her.” She advised that the Mayor has had to defend herself in this matter as well as others and that she seeks to have “a chilling effect from maliciously filed complaints against public officials.”
Complainant, Kevyn To, spoke at the meeting and stated that he has “been treated as a second class citizen by the same process that is supposed to instill public trust” and stated that unlike the Mayor, he has never been afforded the opportunity to speak with a Commission Investigator concerning his complaint nor has he been interviewed. “I want due process, but I don’t feel that throughout the process citizens have been given that process,” said To.
Complainant, Christopher “Doc” Bailey, also spoke at the meeting and explained that he had no malice towards the Mayor but rather was seeking to “protect the people’s money” as he was present when the Mayor made statements directing the payment of CRA grant funds toward the identified business owner. And noted that the following month the business owner in question was running for office against a political opponent of the Mayor. Bailey explained that he has also served on the Cresent City Commission and filed the ethics complaint because he thought that “someone has to do something . . . to protect the people of the community and the money.” Bailey further explained that he had not been contacted by the Commission’s Investigator nor asked to participate in the investigation of the complaint.
Thereafter, General Counsel Zuilkowski explained that the complaint filers and the Mayor would be given an opportunity to litigate these disputed issues of material fact before DOAH, and the Commission unanimously voted to approve the petition and order an administrative trail as to the matter.
Approval of Ethics Advisory Opinion to a Property Appraiser Seeking to Accept the Proceeds of a Charity Auction
In an ethics advisory opinion approved at the meeting, the Commission advised a Property Appraiser concerning his ability to receive gifts in the form of monetary donations made to a charitable auction held in his honor by the livestock community. The auction arose after the Property Appraiser and his family suffered a tragic motor vehicle accident wherein the public official and his family sustained injuries, his livestock trailer was totaled, and the livestock had to be euthanized.
Immediately following the accident, the close-knit livestock show circuit community raised $101,590 in donations to the Property Appraiser via a silent auction organized by an acquittance and wherein no lobbyist or vendor of the Property Appraiser’s office placed a bid.
In the ethics opinion the Commission explained that where gifts are being offered to a public official who files financial disclosure annually—such as the Property Appraiser—but which are not being given to influence his official decision making authority and are not being offered by vendors, lobbyists, or the principal of lobbyists of his agency—the relevant portion of the Gifts Law applicable is contained in Section 112.3148(8), F.S. This portion of the Gifts Law requires such an official to disclose all gifts in excess of $100 from non-restricted sources on a Form 9 “Quarterly Gift Disclosure.”
The Commission advised the official that he may accept the anonymous monetary donations raised from each winning bid, as long as neither the donor of the item, nor the winning bidder is a lobbyist, vendor, principal of lobbyists of his agency, or a political committee. However, the Commission further advised that the Property Appraiser was also required after a “reasonable inquiry” to disclose the donor of the auction item, the winning bidder, and the amount of the winning bid made in the charity auction.
The Property Appraiser was also provided guidance regarding how to disclose additional gifts including two heifers given to his family following the accident.
Approval of Changes to Commission Rules
The Commission considered and approved changes to its rules concerning the process it uses to investigate ethics complaints and referrals. The updates were necessary due to the Legislature’s 2024 passage of Senate Bill 7014 which the Commission’s rulemaking memo notes concern, in part, new timeframes for each stage of the ethics complaint process.
The Commission also approved amendments to its rules on ethics advisory opinions and which its rulemaking memo notes were proffered to clarify to whom it may render such opinions.
Consideration of Commission’s 2025-2026 Budget
The Commission’s Executive Director, Kerrie Stillman, also presented the Commission’s proposed Operating 2025-2026 Budget.
Ethics Legislative Proposals for 2025
Each year the Commission on Ethics submits proposals to the legislature which it believes will strengthen the Florida Code of Ethics. At Friday’s meeting the Commission elected to adopt a more streamlined approach to its Legislative Recommendations for the 2025 legislative Session—which includes three components including whistle blower protections for ethics complaint filers; salary withholding for public officials that have been found to have violated the ethics requirements; and the inclusion of “current and former foster parents and foster children” in the definition of “relative” for the purposes of the Gifts Law.
Executive Session
During its closed session meeting (wherein confidential and exempt matters are addressed) the Commission took action on thirty five (35) matters. In a Press Release issued December 11, 2024, the Commission made the following findings.
Ethics Complaints Considered for Probable Cause
During the Executive Session meeting, ten (10) 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 Coquina Water Control District Board of Supervisors Chair, Jeff Hubbard. The Commission declined to proceed further because it cannot be determined from the complaint whether this claim was based on personal information or information other than hearsay, as is now required by Section 112.324(1)(a) for a complaint to proceed.
Probable cause was found to believe that Senior City Planner for Fort Pierce, Vennis Gilmore, had a conflicting contractual relationship that created a continuing or frequently recurring conflict between his private interests and the performance of his public duties when an entity of which he was a member and President was awarded a bid from the city.
The Commission considered a complaint filed against Pahokee City Manager, Greg Thompson. Probable cause was found to believe Mr. Thompson abused his position to obtain a disproportionate benefit and misused his position when he directed City employees to conduct a closed bidding process for city ATVs for all city employees to participate in, and then named himself one of the winning bids with no evidence of him submitting a bid. No probable cause was found on allegations that had a conflicting contractual relationship that created a continuing or frequently recurring conflict between his private interests and the performance of his public duties.
In a complaint filed against Boca Raton Housing Authority Commissioner, Angela McDonald, the Commission found probable cause on two allegations of violations of the ethics laws. Probable cause was found to believe that Ms. McDonald solicited gifts from vendors and lobbyists of the housing authority and failed to report receipt of gifts valued over $100. No probable cause was found to believe that she accepted gifts from lobbyists or vendors that were valued at more than $100.
Probable cause was found to believe Winter Garden City Commissioner, Ron Mueller solicited a gift from a vendors or lobbyists of the City when he created a GoFundMe account intending to raise funds to use toward his cat’s medical bills. Probable cause was also found to believe he failed to disclose donations to the GoFundMe that exceeded $100. An allegation he accepted gifts valued at more than $100 from vendors or lobbyists was dismissed with a finding of no probable cause.
The Commission considered a complaint filed against City of Fort Pierce Historic Preservation Board Chairman, Charles Hayek. Probable cause was found on allegations that he filed inaccurate 2019, 2020, 2021, and 2022 Form 1 disclosures. However, the Commission elected to take no further action on the allegations due to the particular circumstances of the matter. Allegations he voted on and participated in a matter that he knew would inure to his special private gain or loss were dismissed with a finding of no probable cause.
The Commission also considered a complaint filed against Tamarac City Commissioner, Elvin Villalobos. No probable cause was found to believe he violated the constitutional amendment prohibiting abuse of office to obtain a disproportionate benefit or misused his position by receiving a car allowance while also taking home City motor pool vehicles.
The Commission considered a complaint filed against Candidate for Florida Senate, Bowen Kou. Probable cause was found to believe he violated Florida’s Constitution and financial disclosure laws by filing an inaccurate 2023 Form 6 disclosure.
No probable cause was found on an allegation that Walton County Commissioner, Trey Nick, failed to timely file his Form 6F, Final Statement of Financial Interests, within 60 days of leaving his public position.
The Commission considered a complaint filed against former candidate for Palm Beach County Sheriff, Lauro Ernesto Diaz. Probable cause was found to believe he violated Florida’s Constitution and financial disclosure laws by filing an inaccurate 2023 Form 6 disclosure.
Ethics Complaints Dismissed for Lacking Legal Sufficiency
The Commission also reviewed and dismissed twenty-five (25) 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.
The Commission dismissed complaints filed against the following public servants due to a lack of legal sufficiency: three complaints against CYNTHIA MCINTYRE, Cory Lake Isles Community Development District Board of Supervisor; NICOLLE M. SHALLEY, Levy County Attorney; REENA ALEXANDER, Havana Town Clerk; KENDRAH WILKERSON, Havana Town Manager; JODY FINKLEA, Havana Town Clerk; JOSHUA WOSTAL, Hillsborough County Commissioner; KAITLIN LUSTGARTEN, Martin County “Assistant District Attorney;” BRIAN S. KRAMER, State Attorney for the Sixth Judicial Circuit; TERESA PONTIERI, Palm Coast City Councilperson; ALEX REY, City of St. Pete Beach City Manager; NADIA COMBS, Hillsborough County School Board Member; DANIEL M. FANCHER, Okaloosa County Planning Mechanical & Electrical Competency Board; JEFFEREY BRYANT DAVIDSON, Pinellas Suncoast Fire & Rescue District Fire Chief/Chief Administrative Officer; KAITI LENHART, Flagler County Supervisor of Elections; KENNY LEWIS, Havana Chief of Police; JERRY JOSEPH, Sunny Isles Beach Commissioner; EDWARD BIELARSKI, Gainesville Regional Utilities Chief Executive Officer; STEVE D. CHAMPION, Hernando County Commissioner; JAN HOUSER, Hernando County Human Relations Director; JEFFREY ROGERS, Hernando County Administrator; BRAD RICHARDSON, Florida Department of Environmental Protection Chief of the Bureau of Public Land Administration; MELISSA W. NELSON, State Attorney for the Fourth Judicial Circuit; and JANINE NIXON, State Attorney for the Fifth Judicial Circuit.
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