FEI Florida Ethics News Update: Commission on Ethics Determinations—July 2026 Meeting
July 30, 2026
During its July 24, 2026, meeting the Florida Commission on Ethics (Commission), the constitutionally created independent agency responsible for interpreting and enforcing Florida’s governmental ethics laws, considered dozens of matters involving public officials and employees throughout the state. The Commission’s actions included the approval of two settlement agreements, the adoption of two formal advisory opinions addressing important conflict of interest questions, the resolution of multiple probable cause proceedings, consideration of proposed legislative recommendations, and action on numerous complaints alleging violations of Florida’s Code of Ethics for Public Officers and Employees (Florida Code of Ethics).
Commission Highlights
Among the meeting’s most significant actions were two advisory opinions clarifying restrictions on compensated representation before governmental agencies. In one opinion, the Commission concluded that a former attorney employed by the Department of Business and Professional Regulation would be subject to Florida’s two-year post-employment restriction, but only with respect to the specific licensing board and legal unit in which she previously served. In another, the Commission concluded that a sitting member of the Florida Legislature may not personally represent clients for compensation before executive branch agencies during the legislator’s term of office, although other attorneys within the legislator’s law firm may continue such representations provided the required statutory disclosures are made.
The Commission also approved settlement agreements involving a former mayor and a former airport authority board member, resolved several probable cause matters concerning financial disclosure and voting conflict allegations, granted a substantial petition for attorney’s fees following dismissal of an ethics complaint, and dismissed numerous complaints that failed to satisfy the legal sufficiency requirements necessary to initiate an ethics investigation.
Public Session
Settlement Agreement Approved Against Former Plantation Mayor
The Commission unanimously approved a Settlement Agreement (referred to as “Joint Stipulation”) entered into between former Plantation Mayor, Lynn Stoner, and the Commission’s attorney (referred to as “Advocate”) prior to a determination of probable cause. Under the agreement, Ms. Stoner admitted to having violated Florida’s ethics laws by misusing her public position by improperly intervening in matters involving municipal code enforcement.
According to the Advocate’s Recommendation in this matter, the former mayor requested that the City’s Building Official void a municipal code violation and later wrote a letter to a financial institution incorrectly advising that municipal fines associated with the property had been discharged. The Commission’s Attorney advised that the facts contained in the Report of Investigation indicated that these actions constituted the corrupt misuse of her public office and authority to obtain a special benefit for the registered agent and managing officer of a real estate development group in violation of Florida’s ethics laws.
As part of the negotiated settlement, the Commission recommended that the Governor impose a civil penalty totaling $2,500, together with public censure and reprimand. Because the matter was resolved through a negotiated settlement before a probable cause determination, the Commission avoided the necessity of conducting further investigative and administrative proceedings while ensuring public accountability for the admitted misconduct.
Ethics Note: Florida’s prohibition against misuse of public position extends beyond financial gain. Public officials may violate the Florida Ethics Code whenever they corruptly use their public authority, office, or public resources to secure a special private benefit for themselves or another person, even where no personal financial benefit is received by the official.
Settlement Agreement Approved Against Former Airport Authority Board Member
The Commission also approved a negotiated Settlement Agreement between its Attorney and Jennifer Liotta, former member of the St. Johns County Airport Authority Board, resolving allegations that she maintained prohibited contractual relationships while serving as a public officer.
Under the pre-probable cause agreement, Ms. Liotta acknowledged that, during her service on the Airport Authority Board, she maintained contractual relationships with two private business entities that were either regulated by or doing business with the Authority. Florida’s Code of Ethics generally prohibits public officers from simultaneously maintaining private capacity employment or contractual relationships with business entities that are subject to the regulation of, or that conduct business with, their own public agency. These restrictions are intended to preserve public confidence by preventing divided loyalties and avoiding circumstances in which an official’s private financial interests could reasonably conflict with the faithful performance of public duties.
Although the Commission had not yet made a probable cause determination, the parties agreed to resolve the matter through a negotiated settlement. The Commission unanimously approved the agreement and recommended that the Governor impose a $2,000 civil penalty. By resolving the matter before further administrative proceedings, the settlement conserved public resources while providing an appropriate sanction for the admitted violation.
Commission Dismisses Complaint Against Former Escambia County Commission Aide
The Commission granted the Advocate’s Motion to Dismiss an ethics complaint filed against Jonathan L. Owens, former aide to then-Escambia County Commissioner, Douglas Underhill. Although the underlying complaint had proceeded through portions of the Commission’s process, the Commission’s Attorney ultimately recommended that dismissal of the matter was appropriate, and the Commission unanimously approved the recommendation.
The underlying ethics complaint involved allegations the Owens misused information obtained in his official capacity and not available to be public when he participated in a radio program where he discussed pending litigation involving another Escambia County Commissioner and provided the program hosts with a thumb drive containing the Commissioner’s emails and other documents including attorney-client communications.
According to the Commission Attorney’s “Motion to Dismiss” she recommended that dismissal of the complaint was warranted following the outcome of Underhill v. Commission on Ethics, 403 So. 3d 496 (Fla. 1st DCA 2025) wherein the court determined that Commissioner Underhill, Owens’ then supervisor, had not misused non-public information in violation of the ethics laws when he similarly disclosed attorney-client communications pertaining to the pending Escambia County litigation.
Ethics Note: While the Commission’s action terminated the proceedings, the dismissal also illustrates an important aspect of Florida’s ethics enforcement process. Ethics complaints remain subject to ongoing legal review throughout the investigation and administrative trial process, and dismissal may be appropriate whenever the evidence or applicable law no longer supports further proceedings. Such dismissals help ensure that Commission resources remain focused on matters where sufficient evidence exists to establish a potential violation of the Florida Ethics Code.
Commission Dismisses Self-Initiated Financial Disclosure Investigation for Lack of Jurisdiction
The Commission also granted the Advocate’s Motion to Dismiss a self-initiated investigation concerning Rod Lincoln, former member of the Villages of Pasadena Hills Advisory and Planning Committee, involving an alleged willful failure to file a 2021 Form 1, “Statement of Financial Interests.”
Unlike many ethics complaints, the investigation was initiated by the Commission pursuant to its statutory authority to investigate potential willful failures to comply with Florida’s financial disclosure laws. However, before the matter could proceed further, Mr. Lincoln resigned from public office.
Because the Commission’s jurisdiction under the applicable statute depends upon an individual continuing to hold public office or public employment, the Commission concluded that it no longer possessed authority to pursue the matter and dismissed the investigation. The action serves as another example of the jurisdictional limitations imposed by Florida’s ethics laws, which in certain financial disclosure proceedings restrict the Commission’s authority once an individual leaves public office.
Commission Awards Attorney’s Fees Following Dismissal of Ethics Complaint
The Commission considered a Petition for Costs and Attorney’s Fees filed by Crescent City Mayor, Michele Myers, following the dismissal of a consolidated ethics complaint. After reviewing the Administrative Law Judge’s Recommended Order, the Commission voted to award $25,547.73 in attorney’s fees and costs to the Mayor. The award was assessed equally against the four complainants, each of whom was ordered to pay $6,386.93.
Ethics Note: Florida law permits the recovery of attorney’s fees in very limited circumstances when an ethics complaint is determined to have been filed against a public officer with a malicious intent to injure their reputation and with knowledge that the complaint either contains false allegations or with reckless disregard for whether the complaint contains false allegations. Such awards are uncommon and reflect the Legislature’s effort to balance public access to the ethics process with protections against the misuse of that process.
Advisory Opinion Clarifies Scope of Two-Year Post-Public-Employment Restriction for Former Agency Attorney
The Commission adopted Draft Ethics Advisory Opinion No. 2836 wherein it concluded that a former attorney employed by the Department of Business and Professional Regulation (DBPR) remains subject to Florida’s two-year post-public-employment ‘representation’ restriction, but only with respect to the Construction Industry Licensing Board and the associated legal unit in which she previously worked. Because her official responsibilities were limited to that board and legal unit, the restriction did not extend to the remainder of the DBPR or its Office of General Counsel.
Ethics Note: Florida’s ethics laws contain a two-year post-public-employment representation restriction applicable to former state agency employees and restricts them, during the two years after leaving public employment, from representing persons or business entities for compensation before the agency “with which he or she was employed.” The legislative intent of this restriction is the prevention of influence peddling with one’s former agency immediately after leaving one’s public position. The opinion illustrates that post-employment restrictions are tied to the governmental unit over which the former employee exercised responsibility or influence rather than the entire agency.
Advisory Opinion Addresses Legislators Representing Clients Before State Agencies
In Draft Ethics Advisory Opinion No. 2837, the Commission reaffirmed that the ethics laws, and Art. II, s. 8(e) of the Florida Constitution, would prohibit a sitting member of the Florida Legislature from personally representing clients for compensation before State agencies during the Legislator’s term of office. However, the opinion further explains that other attorneys within the Legislator’s private law firm may continue such representations provided the required statutory disclosures are made. Further, the Commission opined that the State Legislator would be permitted to personally represent a client for compensation before a judicial tribunal in litigation where a State Agency is a party, but clarified that the Division of Administrative Hearings (DOAH) is not a judicial tribunal.
Ethics Note: The opinion provides valuable guidance to legislators and law firms by distinguishing between prohibited personal representation and permissible representation by other members of the firm.
Commission Approves Legislative Recommendations
In addition to resolving ethics complaints and issuing advisory opinions, the Commission reviewed and discused its annual legislative recommendations for consideration during the 2027 Legislative Session. These recommendations are intended to improve the administration and clarity of Florida’s ethics laws based on issues encountered through investigations, advisory opinions, and enforcement experience.
Although the recommendations themselves do not change existing law, they reflect areas where the Ethics Commission believes statutory amendments could improve consistency, efficiency, or transparency within Florida’s ethics laws. As with prior years, any proposed changes must ultimately be considered and enacted by the Florida Legislature.
At its meeting the Commission discussed possible 2027 Legislative Recommendations involving whistle-blower protections for ethics complaint filers, first time waivers of fines for late filers of financial disclosures, a public records exemption for certain personal identifying information of Ethics Commission members and staff, and refinement of the process and form (Form 10) regarding the annual disclosure of gifts from governmental entities and Direct-Support Organizations and honorarium event related expenses.
Rulemaking Activities Continue
The Commission also considered administrative rulemaking matters during the July meeting. Administrative rules play an important role in implementing the Ethics Code by providing procedural guidance, clarifying filing requirements, and ensuring consistent administration of the Commission’s statutory responsibilities.
Although rulemaking generally receives less public attention than enforcement actions, these administrative updates often have a significant practical impact on public officials, candidates, and individuals who regularly interact with the Commission.
Executive Director’s Report
Commission members also received the Executive Director’s Report regarding agency operations, pending matters, administrative activities, and other issues affecting the Commission’s work. These reports provide members with an overview of agency operations between meetings and help ensure that the Commission continues to administer Florida’s ethics laws efficiently.
Public Session
During its closed session meeting (wherein confidential and exempt matters are addressed) the Commission took action on 39 matters. In a Press Release issued on July 29th the Commission made the following findings.
Ethics Complaints Considered for Probable Cause
During the Executive Session meeting, 6 ethics complaints were considered for probable cause.
Probable Cause Found Against West Palm Beach City Commission Candidate and Current Manager of the Orlando Utilities Commission
The Commission found probable cause to believe that Matthew Ferrer, a candidate for the West Palm Beach City Commission and current manager of the Orlando Utilities Commission, failed to accurately disclose secondary sources of income and real property on his 2024 Form 1 filing. Although probable cause was found, the Commission determined that no further action was warranted based upon the circumstances presented.
No Probable Cause Found in Flagler County Matter
The Commission found no probable cause on allegations that Flagler County Commission Chairman, Andy Dance, abused his position or provided a disproportionate benefit when evaluating the County Administrator while the Administrator employed his wife as an Executive Assistant. After reviewing the investigative record, the Commission concluded that the evidence did not support moving the case forward.
No Probable Cause Found in Chattahoochee City Manager Misuse Allegation
The Commission found no probable cause to believe that Robert Presnell, City Manager of Chattahoochee, misused his public position or violated the constitutional prohibition against abuse of office for a disproportionate benefit by exchanging City services for sexual favors. After reviewing the investigative materials, the Commission concluded the evidence was insufficient to justify moving the matter to a public hearing. This determination ended the Commission’s investigation without a finding of an ethics violation.
Voting Conflict Case Involving Bloomingdale Special Taxing District Board Member
The Commission found probable cause that Thomas Leech, President of the Bloomingdale Special Taxing District Board of Trustees, failed to file the required memorandum of voting conflict (Form 8B) after abstaining from a vote involving a staffing company employing his spouse. At the same time, the Commission found no probable cause on three additional voting-conflict allegations arising from the same matter and elected to take no further action on the Form 8B allegation based on the circumstances.
No Probable Cause Found Regarding Social Media Posts Made by Miami-Dade County Tax Collector
The Commission also found no probable cause on allegations that Miami-Dade County Tax Collector, Dariel Fernandez, misused his office by appearing in social media videos that endorsed local businesses while identifying himself by his public title and displaying the Tax Collector’s seal. Although the complaint raised questions regarding the use of official office in connection with private businesses, the Commission determined that the evidence did not establish a violation warranting further proceedings.
Probable Cause Found Regarding Financial Disclosure Allegations Against Community Development District Official
The Commission found probable cause on allegations that Julianne Giella failed to accurately disclose real property on her 2023 and 2024 Form 1 financial disclosure filings and failed to certify completion of the required ethics training on her 2024 disclosure. However, the allegation that she failed to complete the required ethics training for calendar year 2024 was dismissed with a finding of no probable cause.
Complaint Withdrawn
The Commission granted the complainant’s request to withdraw a complaint filed against Altamonte Springs City Manager, Franklin W. Martz II, thereby terminating the matter without further proceedings.
Ethics Complaints Considered for Legal Sufficiency
A substantial portion of every Ethics Commission meeting is devoted to reviewing newly filed complaints for legal sufficiency. Before any factual investigation begins, the Commission must determine whether a complaint alleges facts within its jurisdiction, states a potential violation of the ethics laws by public official, and is based upon personal knowledge or information other than hearsay. During the July meeting, the Commission reviewed and dismissed 32 complaints for failing to satisfy the statutory requirements necessary to proceed.
Ethics Note: Legal sufficiency review serves as an important safeguard within Florida’s ethics enforcement system. It protects public officials from investigations based upon legally deficient allegations while preserving Commission resources for complaints that, if proven, would constitute violations of the ethics laws. Importantly, dismissal for legal insufficiency does not represent a determination that the underlying allegations are true or false; instead, it reflects only that the complaint, as filed, does not satisfy the threshold legal requirements established by statute.
At its meeting the Commission dismissed 32 complaints filed against the following public servants due to a lack of legal sufficiency: JOSEPH PEDUZZI, West Palm Beach City Commissioner; MICHAEL STALLWORTH, Daytona Beach Business Enterprise Manager; JASON COLVILLE, Coquina Water Control District Vice Chairman; TIFFANY MOORE RUSSELL, Orange County Clerk of Court; DANA MIDDLETON, Palm Beach Gardens City Council Member; JESSIE BASTOS, Broward Soil and Water District Supervisor and candidate for Broward County School Board; MICHELLE RUCKER, Florida Department of Highway Safety and Motor Vehicles Hearing Officer; four complaints against RON WILDE, Port Malabar Holiday Park Mobile Home Park Recreation District Trustee; AUSTIN GRAVLEY, Frostproof City Commissioner; REBECCA EARNEST, Port Malabar Holiday Park Mobile Home Park Recreation District Chair; two complaints against HEIDI CLAWSON, Long Lake Ranch Community Development District Chair; NEIL COMBEE, Polk County Property Appraiser and Scenic Terrace South Community Development District Board Member; NICK CHURILL, Pensacola State College Police Department Sergeant; THOMAS ROBERSON, Pensacola State College Police Department Chief of Police; CHRISTOPHER MICHAEL MASSON, Hillsborough County Code Enforcement Supervisor; JOE GROSS, Hillsborough County Code Enforcement DIrector; CYNTHIA GONZALEZ, Hillsborough County Code Enforcement Officer; JULIA MANDELL, Hillsborough County Attorney; PENNY CURRIE, Holly Hill City Commissioner; two complaints against KEN HAGAN, Hillsborough County Commissioner; GENEVA ALPERT, Florida Department of Environmental Protection Environmental Consultant; JOHN BAZEMORE; Marion County Building Safety Inspector; EMELIO GONZALEZ, Marion County Building Safety Inspector; ADRIANA URBINA, Lake St. Charles Community Development District Manager; BRIAN BARROSO, Key West City Manager; DANISE HENRIQUEZ, Key West Mayor; and NICK HOWLAND, Jacksonville City Council President.