Florida Ethics Update: Ethics Commission Determinations—March Meeting
March 13, 2025
During its meeting on Friday, March 7, 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
2024 Annual Report
Each year the Commission publishes a report encapsulating all of the preceding year’s ethics work including ethics complaint investigations, advice, financial transparency actions, lobbying oversight, and more! The 2024 Annual Report was approved at the Commission’s meeting and is intended to inform the Legislature and the public of the Commission’s work during the calendar year 2024. Stay apprised of all of the Commission’s actions in 2024 via the most recent Annual Report available here.
Ethics Complaint Settlements
During the meeting the Commission considered and approved the settlements (referred to as “Stipulations”) of four ethics complaint matters.
The first of which involved an ethics complaint and a referral which had been consolidated for investigatory purposes, filed against Broward County Sheriff, Gregory Tony. Pursuant to the settlement Tony acknowledged that he violated the ethics laws by misusing his official position as a law enforcement officer when, in February 2019, he falsely indicated in his drivers’ license renewal application that his driving privileges had never been revoked, suspended, or denied. All other allegations in the matters were dismissed. In light of the ethics violation the Commission recommended the Governor publicly censure and reprimand the Sheriff.
The Commission also considered and approved the settlement of an ethics complaint filed against the former Mayor of the Town of Inglis, Michael A. White. Pursuant to the settlement White acknowledged that he violated the ethics laws by having a prohibited conflict of interest when he entered into a contract wherein the Town agreed to transfer certain property (free of liens/violations) to him in consideration for removal of materials and refuse from the property, bringing the property into code compliance, payment of real estate taxes, and a $10 payment. In light of the ethics violation the Commission recommended the Governor impose a civil penalty of $500.
The Commission further considered and approved the settlement of an ethics complaint filed against a former candidate for Florida Senate, Bowen Kou. Pursuant to the settlement Kou acknowledged that as a candidate for public office he filed an inaccurate 2023 Form 6 “Full and Public Disclosure of Financial Interests” in violation of Florida’s ethics laws and Art. II, s. 8 of the Florida Constitution. In light of this violation the Commission recommended that the Governor impose a civil penalty of $1,500.
The Commission also considered and approved the settlement of two ethics complaints filed against a former candidate for Palm Beach County Sheriff, Lauro Ernesto Diaz. Pursuant to the settlement Diaz acknowledged that as a candidate for public office he filed an inaccurate 2023 Form 6 “Full and Public Disclosure of Financial Interests” in violation of Florida’s ethics laws and Art. II, s. 8 of the Florida Constitution. In light of this violation the Commission recommended that the Governor impose a civil penalty of $500.
Dismissal of Ethics Complaint Filed Against Member of the Bayshore Gardens Park and Recreation District Board
The Commission considered and approved the dismissal of an ethics complaint filed against former Trustee of the Bayshore Gardens Park and Recreation District Board, James Couey, pursuant to a Motion to Dismiss Complaint filed by the Commission’s Attorney (referred to as “Advocate”), Melody Hadley.
In the Motion, Hadley explained that the complaint is under investigation to determine if Couey had violated the State’s anti-nepotism law by seeking the advancement of his spouse by contracting on behalf of his agency with his wife to retain her services. She stated that the investigation revealed that although Couey’s wife was hired by the District Manager as an employee of the District, to the position of Hall Monitor—that at all times relevant to her retention as a District employee the District Manager had sole authority concerning the hiring and firing of employees and there was “no need for Board approval.” As the employment decisions were within the sole discretion of the District Manager, and not the Board, and “there is no evidence that [Couey] took any action in his official capacity as Trustee on the Board” in favor of his wife or her business, Hadley recommended the dismissal of the complaint, which was approved.
Approval of Ethics Advisory Opinion to a City Commissioner Serving as President of the East Sunrise Residents Association
In an ethics advisory opinion approved at the meeting, the Commission advised a City Commissioner that her uncompensated service as the President of a non-profit organization did not give rise to a prohibited conflict of interest. In the opinion the Commission reasoned that no conflict existed as the City does not buy any goods or services from the nonprofit and that her uncompensated service with the nonprofit did not give rise to an employment or contractual relationship.
Litigation Update: Commission Decision in Underhill Overturned on Appeal
During the meeting the Commission’s Deputy Executive Director and General Counsel, Steven Zuilkowski, advised the Commission concerning the recent decision issued by the First District Court of Appeal, overturning certain Ethics Commission determinations in Douglas Underhill v. State Commission on Ethics, Case No. 1D2022-3429. In the decision, released on February 26, 2025, the court overturned the Ethics Commission’s decisions involving a former Escambia County Commissioner, 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 Administrative Law Judge (ALJ) at DOAH.
The case was consolidated from three separate ethics complaints filed in 2020 against Underhill wherein the ALJ found that the Commissioner had violated three provisions of the state ethics laws concerning gifts by knowingly accepting one or more contributions to his legal defense fund from vendors and/or lobbyists of his agency, by failing to disclose contributions to his legal defense fund, and by failing to disclose a gift of legal services. For those violations, the ALJ recommended the imposition of public censure and reprimand as well as a civil penalty of $5,000.
In October 2022 the Commission adopted the ALJ’s recommendations concerning three ethics violations and found that the record supported the finding of two additional violations. The two additional violations involved the misuse of public information when Underhill leaked confidential shade meeting transcripts involving Escambia County Commission discussions of ongoing litigation and the violation of state ethics laws concerning the solicitation of gifts from lobbyists/vendors, when he created a GoFundMe page for contributions to defray the cost of his personal legal expenses. In its Final Order No. 22-041 the Commission increased the total recommended monetary penalties to $35,000 and, due to the “cumulative severity” of the five statutory violations, the Commission also recommended that Underhill be removed from office by the Governor.
Underhill appealed the Commission’s decision only concerning the findings of violation of the misuse of public information (regarding the release of the shade meeting transcripts), the violation of ethics laws concerning the solicitation of gifts from lobbyists/vendors (regarding the GoFundMe page for legal expenses), and the Commission’s increase in penalties and recommendation that he be removed from public office—and the First District Court of Appeal agreed with Underhill on the matters appealed.
Thus, this determination will have a effect on the portions of 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. However, the court has not disturbed the interpretation also present in these opinions that the acceptance of monetary contributions by a public official—either in person or through electronic platforms (such as GoFundMe pages)—given by restricted sources, including lobbyists and vendors of the public official’s agency, are gifts which can still implicate and violate ethics laws concerning gift acceptance.
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 and which have ethics and open government import. Stillman noted that SB 348/HB 399 are moving in the Senate and have had a “very strong reception.” She stated that SB 348/HB 399 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. She further 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.
Stillman also noted that another of the Commission’s legislative proposals had also been championed by Senator Gaetz in SB 352—which seeks to amend the Florida Code of Ethics to provide whistle blower protections for ethics complaint filers. Stillman noted that the bill now has a House companion, HB 495, which are now making their way through the committee process.
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 forty-seven (47) matters. In a Press Release issued March 12, 2025, the Commission made the following findings.
Ethics Complaints Considered for Probable Cause
During the Executive Session meeting, eighteen (18) 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 Sarasota City Commissioner, Eric Arroyo. The Commission declined to proceed further because it cannot be determined from the complaint whether this claim was based on personal knowledge or information other than hearsay, as required by Florida’s new ethics complaint requirements which went into effect in 2024.
Probable cause was found to believe that former Jefferson County Clerk of Courts, Kirk Bradley Reams, abused his position to obtain a disproportionate benefit and misused his position when he used county funds for political contributions, personal endeavors, non-county-related activities, and unauthorized expenditures.
The Commission held a probable cause hearing on multiple allegations regarding Avon Park Mayor, James Garrett Anderson. Probable cause was found to believe Mayor Anderson violated ethics laws by doing business with his agency when a company he had an ownership interest in did the roof repair on the City’s wastewater treatment plant. An allegation 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. Probable cause was found to believe he filed inaccurate 2018, 2019, 2020, and 2022 Form 1s by failing to select a reporting method on his disclosures to indicate if he was reporting based on the dollar value or percentage method. However, the Commission elected to take no further action on all the allegations due to the particular circumstances of the matter. And an allegation he filed an inaccurate 2021 Form 1 disclosure was dismissed with a finding of no probable cause.
No probable cause was found on an allegation that Port Richey Mayor, John Eric Hoover, had a voting conflict that would inure to his special private gain or loss when he voted on an agenda item about a proposed amendment to zoning requirements in an area where he owned property. An allegation he misused his position when he attempted to act as a liaison between the City and a City resident regarding two open code enforcement cases was also dismissed with a finding of no probable cause.
The Commission considered a complaints filed against Lake St. Charles Community Development District (CDD) Manager, Adriana Urbina. No probable cause was found to believe Ms. Urbina abused her position to obtain a disproportionate benefit and misused her position when family members contracted with the CDD or when payments for work completed by those family members were paid through a company in which she had ownership. Allegations Ms. Urbina was doing business with her agency or had a conflicting contractual relationship that created a continuing or frequently recurring conflict between her private interests and the performance of her public duties also were dismissed with a finding of no probable cause.
No probable cause was found on an allegation that Canoe Creek K-8 Principal, David Noyes, misused his position and public resources regarding a facilities use permit that was pulled for a charity event.
The Commission considered a complaint filed against former Broward County School Board Member, Torey Alston. No probable cause was found on a voting conflict allegation regarding a vote on a measure for the Broward County School Board to comply with sharing tax revenues with charter schools in the district, while he had an ownership interest in a company that was consulting with one of the charter schools listed as a recipient of the tax funding.
In a complaint filed against former Orange County Firefighter, Dennis Harris, Jr., the Commission found probable cause to believe Mr. Harris abused his position to obtain a disproportionate benefit and misused his position when he recorded military leave on his Orange County Fire Rescue timesheet for times he was not in ordered training or active duty.
No probable cause was found on an allegation that former Calhoun County Commissioner, Gene Bailey, misused his office when he used his county-issued email to provide documents opposing an upcoming vote on an RV park development site, to an adjacent property owner who was opposed to the project.
The Commission rejected the recommendation of its advocate and found no probable cause on an allegation that Levy County Commissioner, John Meeks, violated Florida’s Constitution and financial disclosure laws by filing an inaccurate 2020 Form 6 disclosure.
In a complaint filed against Marion County School Board Member, Sarah James, the Commission found no probable cause to believe Ms. James abused her position to obtain a disproportionate benefit or misused her position when she requested a flyer be posted at the school district bus compounds, advertising for summer bus driver employment opportunity at the childcare center she owns.
The Commission considered a complaint filed against Mayor of the City of Milton, Heather Lindsay. No probable cause was found to believe Mayor Lindsay abused her position to obtain a disproportionate benefit or misused her position by her handling of a grievance filed by a city employee.
No probable cause was found to believe that Collier County Supervisor of Elections, Melissa Blazier, abused her position to obtain a disproportionate benefit or misused her position when she used County-funded video footage and on-duty County employees in a personal campaign advertisement.
In a complaint filed against Palm Beach County Sheriff, Ric L. Bradshaw, the Commission found no probable cause to believe Sheriff Bradshaw abused his position to obtain a disproportionate benefit or misused his office to feature Palm Beach County Sheriff’s Office staff and office property in his campaign advertisements.
No probable cause was found to believe that Osceola County Sheriff, Marcos R. Lopez, abused his position to obtain a disproportionate benefit or misused his position when he wore his Sheriff’s Department uniform during his campaign.
The Commission rejected the recommendation of its advocate and found no probable cause on an allegation that Delray Beach City Commissioner, Robert D. Long, filed an inaccurate 2023 Form 1 disclosure.
In a complaint filed against former Fernandina Beach City Commissioner, Daniel Sturges, the Commission found no probable cause to believe Mr. Sturges abused his position to obtain a disproportionate benefit or misused his position by having uniformed City police officers participate in campaign advertisements and by using the City seal in campaign mailers.
The Commission considered a complaint filed against Coquina Water Control District Board of Supervisors Chair, Jeff Hubbard. Probable cause was found to believe that he abused his position to obtain a disproportionate benefit and misused his position when he sent District workers and equipment to remove and level out ditch dirt at his son’s residence. The Commission declined to proceed further on other allegations within the complaint because it cannot be determined from the complaint whether the claims were based on personal information or information other than hearsay, as required by Florida’s new ethics complaint requirements which went into effect in 2024.
Ethics Complaints Dismissed for Lacking Legal Sufficiency
The Commission also reviewed and dismissed twenty-eight (28) 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: two complaints against ALEX REY, former St. Pete Beach City Manager; BILL BRASWELL, Chair, Polk County Commission; THOMAS DELNAY, Lee County Deputy Building Official; JEFFREY M. GOOD, former Holmes County Commissioner; ROBIN IGNACIO GOMEZ, Madeira Beach City Manager; CADE RESNICK, Winter Springs City Commissioner; PEDRO PEREZ, Homestead Police Department Detective; FERNANDO MORALES, Homestead Police Department Internal Affairs Captain; ALLEN WILSON, Broward County Assistant Director of Human Resources; VANESSA MAJOR, Broward County Addiction Recovery Center Assistant Director; MARSHA ELIGON, Broward County Addiction Recovery Center Admissions Director; PAULA THOMSON RAPPE, University of West Florida Professor; WILLIAM REDNOUR, Volusia County Friendship Elementary
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