Florida Ethics Update: Commission on Ethics Determinations—June Meeting
June 12, 2025
During its meeting on Friday, June 11, 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
Ethics Opinion Issued to Newberry Mayor Finding that In-Office Lobbying Ban Will Not Prohibit Him from Acting as a Registered Lobbyist Before the Federal Government
The Commission began the meeting by unanimously approving the third ever ethics opinion interpreting a controversial new in-office lobbying ban contained in the Florida Constitution and finding it inapplicable to prohibit the proposed private representational activities of the Mayor. The constitutional ban prohibits “public officers” including an “elected municipal officer,” such as the Mayor, from lobbying the “the federal government, the legislature, any state government body or agency, or any political subdivision of this state” on issues of policy, appropriations, or procurement while serving in public office.
However, in the opinion issued on Friday, the Commission found that the ban would not prohibit the Mayor from being employed in his private capacity as the New Development Officer for the John Birch Society and representing the organization as a registered lobbyist before the federal government. The Commission found the ban inapplicable pursuant to enabling legislation, s. 112.3121, F.S., which excludes from the definition of lobbying instances when an individual is “acting in the normal course of his or her duties, unless he or she is principally employed for governmental affairs.” The Commission reasoned that the Mayor was acting in the normal course of his employment responsibilities as the Birch Society’s New Development Officer in his communications with federal officials on behalf of the organization and was not otherwise primarily employed for “governmental affairs.”
The controversial constitutional in-office lobbying ban was the subject of court challenges immediately after it became effective in 2022 and initially resulted in the issuance of a permanent injunction in August 2023 prohibiting its enforcement on First Amendment grounds. However, the ruling was appealed by the Commission on Ethics to the 11th U.S. Circuit Court of Appeals which, on November 30, 2023, approved a motion finding that the in-office lobbying restrictions remain enforceable during the period when the appeal is proceeding through the judicial process. Since that time, the Commission has continued to enforce and interpret the in-office lobbying ban while it awaits a final ruling on the appeal from the 11th Circuit. More information on the matter is available HERE.
Ethics Opinion Finds that Revolving Door Restrictions Would Not Prohibit Former Department of Corrections Employee from Working for a Vendor of the Department but Caution Warranted
The Commission also approved an ethics opinion given to an Assistant Warden employed in Region 4 of the Department of Corrections finding that the post-public employment restrictions of the Florida Code of Ethics would not prohibit him from going to work for a vendor of the agency which provides healthcare services to the Department. However, the opinion further found that certain post-public-employment communications restrictions contained in the Code would prohibit the Assistant Warden, during the two years after leaving his public position, from representing his new employer before his former “agency” as defined in the analysis.
During the contemplation of the opinion, Commissioner Paul Bain expressed concerns to the Assistant Warden that this employment opportunity posed “a lot of hazards that will have to be navigated along the way” should the Assistant Warden leave his public employment in favor of the vendor. Bain stated that it was his opinion that the Warden would “have to be careful” as this was a course “filled with a lot of potholes.”
Thereafter, Commission Chair Luis Fuste echoed the concerns expressed by his fellow commissioner and warned the Warden that he would “have to be very careful” in the establishment of “boundaries” concerning his communications made on behalf of the vendor.
Ethics Complaint Settlements
During the meeting the Commission considered and approved the settlement of an ethics complaint brought against Lake Butler City Commissioner, Annette Redman. The Commission found Redman had a voting conflict when she voted on the proposed rezoning of an area to permit mobile homes where her sister owned property, and she misused her position when she reached out to City staff members for assistance with the proper procedure for rezoning. In light of these ethics violations the Commission recommended that the Governor impose a civil penalty of $4,000 and publicly censure and reprimand the City Commissioner.
The Commission also adopted a settlement of an ethics complaint filed against Marco Island City Council Member, Tamara Goehler. The settlement found 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 child. In light of these ethics violations the Commission recommended that the Governor impose a civil penalty of $5,000 and publicly censure and reprimand the Councilmember.
Ethics Legislative Update
The Florida Regular Legislative Session commenced on March 4th and ended on June 6, 2025. During the Commission’s meeting the agency’s Executive Director, Kerrie Stillman, advised the Commission as to several bills that were passed into law which had ethics import.
Learn about passed legislation impacting Florida’s ethics and open government laws via FEI’s “2025 Post-Session Florida Ethics Legislative Report“ available now!
Executive Session
During its closed session meeting (wherein confidential and exempt matters are addressed) the Commission took action on thirty-six (36) matters. In a Press Release issued June 11, 2025, the Commission made the following findings.
Ethics Complaints Considered for Probable Cause
During the Executive Session meeting, three (3) 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 the results of three, self-initiated investigations – required by statute – to determine if there is probable cause to believe the individuals willfully failed to file their Form 1 “Statement of Financial Interests” disclosure.
The Commission found no probable cause to believe David Clemente, former Broward County Purchasing Manager and current Fort Lauderdale Assistant Manager of Procurement and Contracts, willfully failed to file his 2020 Form 1.
The Commission also found probable cause to believe Rod Lincoln, Villages of Pasadena Hills Advisory & Planning Committee, willfully failed to file his 2021 Form 1, “Statement of Financial Interests” disclosure.
In a matter regarding North Bay Fire Control District Commissioner, Joseph Martin Fagundes, III, the Commission found probable cause that he willfully failed to timely file his 2020 Form 1, but the Commission will take no further action based on the circumstances of the matter.
Ethics Complaints Dismissed for Lacking Legal Sufficiency
The Commission also reviewed and dismissed thirty-three (33) 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: APRIL THANOS, Gulfport City Council Member; PAUL MIXOM, Okaloosa County District 1 Commissioner; JOE MOHOLLAND, St. Pete Beach City Commissioner; AUGUSTO GONZALEZ, Cocoa Code Enforcement Manager; STOCKTON WHITTEN, Cocoa City Manager; LAVANDER HEARN, ALEX GOINS, LORRAINE KOSS, Cocoa Council Members; ANTHONY GARGANESE, Cocoa City Attorney; BRYAN NELSON, Apopka Mayor; THOMAS COX, Palm Beach County School District Manager of the Division of Facilities and Management; PATRICIA WEEKS, Cocoa Council Member; MICHAEL C. BLAKE, Cocoa Mayor; JOSE ALMONTE, Orange County Deputy Sheriff; RICHARD “MIKE” HAMMER, Palm Bay Councilman; BRIAN HAWKINS, Hernando County Commissioner; JOHN MEEKS, Former Levy County Commissioner; DESIREE MILLS, Levy County Commissioner; JASON WHISTLER, Levy County Property Appraiser; RANDY RUTTER, Levy County Assistant Property Appraiser; BRIAN JONES, Levy County Residential, Commercial, and Agricultural Coordinator; MICHAEL NORRIS, Palm Coast Mayor; JAMES ALEXANDER GOINS, Cocoa District 1 Councilman; JOHN MARSHALL, Lake Saint Charles Community Development District Supervisor and Treasurer; T. SAINTIL, Department of Corrections Housing Officer; PAUL SHEFFER, Department of Juvenile Justice Chief Probation Officer; DAVID FRECHETTE, South Village CDD Board Member; SEAN WILCOX, Coquina Water Control District Board Member; BRIAN F. HAWKINS, Hernando County Commissioner; RICKY DIXON, Department of Corrections Secretary; JENNIFER SPAIN, Volusia County Pollution Control and Water Quality Activity Manager; LAURA KRAMER, Department of Health Septic Program Coordinator; VIRGINIA “GINNY” GIANAKOS, Lake Saint Charles Community Development District Supervisor and Chair.
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