FEI Florida Ethics News Update: Commission on Ethics Determinations—October 2026 Meeting
October 30, 2026
During its October 23, 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 ethics enforcement actions, conflicts of interest advisory opinions, lobbying and financial disclosure fine appeals, and administrative matters. The Commission took action on 71 matters in closed session, including 12 probable cause hearings.
Commission Highlights
- The Commission approved a joint stipulation involving Kissimmee Mayor, Jackie Espinosa, and recommended a $2,000 civil penalty, as well as public censure and reprimand.
- Probable cause was found concerning a voting conflict disclosure involving Kissimmee Commissioner Janette Martinez, but no further action was taken.
- Two advisory opinions addressed a telecommunications utility service exemption and a mayor’s venture capital fundraising activities.
- The Commission considered lobbying-firm compensation report fines, financial-disclosure appeals, and default or uncollectible fines.
Public Session
Kissimmee Mayor Settles Ethics Complaints Alleging Conflicts of Interest
The Commission adopted a joint settlement (referred to by the Commission as a “Stipulation”) finding that Kissimmee Mayor, Jackie Espinosa, had a prohibited employment or contractual relationship with an entity doing business with her agency when her business accepted approximately $50,000 in City grant money. The Commission will recommend that the Governor impose a $2,000 civil penalty and public censure and reprimand.
Ethics Note: A joint settlement and recommended penalty do not themselves establish that the Governor has imposed the recommended sanction. Public officers should review agency grants and business relationships for conflicts before entering into transactions
Probable Cause Found Against Kissimmee City Commissioner for Failing to File Voting Conflict Disclosure
The Commission found probable cause to believe Kissimmee City Commissioner, Janette Martinez, failed to file the required voting conflict disclosure, Form 8B “Memorandum of Voting Conflict,” after abstaining from a vote on a permit requested by a business associate and friend. The permit involved a food-truck location at which her own food truck occasionally operated. The Commission nevertheless voted to take no further action. It found no probable cause on a separate allegation concerning a conflicting contractual relationship arising from rental of a home to a friend. The probable cause hearing was held during the public session meeting because Ms. Martinez waived confidentiality.
Ethics Note: A finding of probable cause is not a final determination that an ethics violation occurred. Abstaining from a vote does not eliminate any separate requirement to file the applicable voting conflict memorandum, Form 8B, which provides the public with knowledge as to the basis for the voting conflict.
Advisory Opinions
Ethics Advisory Opinion Applies Utility Service Exemption to Negate a Conflict of Interest Permitting a Fire District Commissioner and Telecommunications Employee to Provide Phone and Internet Services to the Fire District
The Commission adopted draft opinion 2838 providing guidance to a Fire District Commissioner inquiring whether he would have a prohibited conflicting employment relationship if he is employed by a business entity providing internet (broadband) and voice-over-internet services to the District. The Commission advised that the employment relationship presented a facial conflict of interest as he would have an employment relationship with a business entity (the utility company) that would be doing business with this agency (the District) by virtue of its utility services agreements.
However, the Commission applied a rarely used utility service exemption set forth in the Ethics Code, s. 112.313(12)(c), F.S., to negate the conflict and permit the business to occur. The opinion explained that “Essentially, if a facial violation of [the conflicting employment law] is created by a particular scenario, a public officer cannot be found to have violated the statute if the purchase or sale creating the facial conflict is for legal advertising in a newspaper, for any utilities service, or for passage on a common carrier.” The Commission then found that the voice-over-internet and internet services provided by the utility via the agreements with the District constituted “utility services” within the exemption permitting its application to the negate the conflict and permit the business.
Ethics Advisory Opinion Provides Guidance to Mayor Seeking to Solicit Investment for his Venture Capital Firm
The Commission adopted draft advisory opinion 2838 addressing ethical boundaries for the Mayor of West Palm Beach who is a general partner in a venture capital firm seeking to solicit outside investors. The Commission advised that the facts of the matter did not appear to give rise to a prohibited business arrangement as it did not appear that there would be any inherent temptation for the Mayor to dishonor his public duties in favor of his Firm’s interests.
The Commission further advised the Mayor that the ethics law prohibiting misusing one’s public position would not be violated “by simply referring to your years in public service for autobiographical purposes in any of the Firm’s written [advertising] materials.” The Commission explained that this finding was based on the Commission’s precedent “that self-identification as a public officer for autobiographical purposes, without more, does not amount to a corrupt use of one’s public position.” However, the Commission cautioned the Mayor to “take care not to corruptly use your public position to provide the Firm itself with any special benefit” in any City matters.
With respect to the anti-bribery provision of Florida’s ethics laws, the Commission cautioned that Mayor to take care to not accept any funds offered to the Firm “if it appears that they might be given to influence your actions as Mayor.” And the Commission further cautioned the Mayor to continue to comply with the misuse of public information prohibition which prevents him “from disclosing or using non-public information (except for information related exclusively to governmental practices) that you have gained by reason of your position as Mayor for your personal gain or benefit, or for the personal gain or benefit of another, such as the Firm or any of your partners or Limited Partners.”
Lobbying and Financial Disclosure Fine Appeals
Executive Branch Lobbying Report Fine Appeals
The Commission issued determinations in two separate lobbying report fine appeals involving the lobbying firms, PolitiCALM and Inger M. Garcia, Esq., concerning their late filing of required lobbyist compensation reports.
Ethics Note: Florida’s ethics laws require lobbying firms to file quarterly reports disclosing the identities and amount of persons and businesses that paid them. The law provides that late filed lobbying reports result in automatic fines of $50 per day per report for each late day up to a maximum of $5,000 per late report. Any lobbying firm may appeal or dispute a fine, based upon “unusual circumstances” surrounding the failure to file on the designated due date.
Financial disclosure appeals
Appeals of automatic fines assessed against public officers and employees for failing to timely file financial disclosure reports were also considered during the Commission’s October 23 public session. Four financial disclosure fine appeal hearings occurred during the meeting and 73 financial-disclosure appeals were determined without hearings. These fine appeals are seeking waiver of the automatic fines that accrue when a public officer or employees fails to timely file their required financial disclosure form.
Ethics Note: Florida’s ethics laws require that elected officials, judges, certain appointed officers, specified public employees, and others are required to file transparency documents with the Florida Commission on Ethics disclosing their financial interests to the public so as to avoid conflicts of interest. Late filing a required financial disclosure form after the July 1 filing deadline and penalty free grace period until Sept 1 has passed—can result in automatic fines of $25 per day late up to a maximum fine of $1,500. However, any reporting person may appeal or dispute a fine, based upon “unusual circumstances” surrounding the failure to file on the designated due date. But by law the term “unusual circumstances” does not include the failure to check their email account where the filing notices are sent.
Executive Director’s Report
Executive Director Kerrie Stillman’s October 8 report stated that the Commission issued no advisory opinions at its August meeting and had issued 2,729 opinions since its inception in 1974. The report also addressed, in part, litigation challenging Form 6 financial disclosure requirements for municipal elected officials and candidates, including the federal and state appeals. The report notes that on Sept 16, 2026, the Commission held a Special Meeting to discuss a proposed settlement of these matters which resulted in a vote denying the settlement offers. As a result the federal and state appellate challenges to the law will continue to proceed through the adjudication process.
Executive Session
During its closed session meeting (wherein confidential and exempt matters are addressed) the Commission took action on 71 matters. In a Press Release issued on October 28, 2026, the Commission made the following findings.
Ethics Complaints Considered for Probable Cause
No Probable Cause Found Against Surfside Mayor
The Commission found no probable cause to believe Surfside Mayor, Charles W. Burkett, misused his position or abused his office to obtain a disproportionate benefit by using his official email address to send emails containing links to a website that linked to his campaign website.
Probable Cause Found Against Bay Harbor Islands Town Council Member But No Further Action Taken
The Commission found probable cause to believe Bay Harbor Islands Town Council Member, Elchonon Shagalov, failed to properly disclose income on his 2025 Form 1, Statement of Financial Interests. The Commission elected to take no further action because he had amended his disclosures before the complaint was filed and in light of the particular circumstances.
No Probable Cause Found Against Lee County Sheriff
The Commission rejected the recommendation of its attorney and instead found no probable cause to believe Lee County Sheriff, Carmine Marceno, accepted a gift of furniture worth more than $100 from a prohibited source or failed to report it as a gift. It also found no probable cause on allegations of misuse of position or unconstitutional abuse of office involving the employment of the complainant as a consultant.
Probable Cause Found Against Florida Notary Public
The Commission found probable cause to believe Florida notary public Latasha Black misused her position to benefit herself or another person by notarizing a signature when the signatory was not physically present.
No Probable Cause Found Against Bradfordville County Zoning Director
The Commission found no probable cause to believe Bradfordville County Zoning Director Randy Andrews misused his position by allegedly giving a citizen incorrect information about the minimum parcel size for a subdivision and contradictory guidance to a subsequent owner.
No Probable Cause Found in Daytona Beach Golf Matters
In two related complaint the Commission found no probable cause to believe Brian Jaquet, Golf Course Manager at Daytona Beach Golf Club, and Leonard Morrow, Assistant Golf Professional at Daytona Beach Golf Club, misused their positions by allowing city employees and friends to play at a publicly owned golf course for free or at discounted rates.
No Probable Cause Found Against Lake City Council Member
The Commission found no probable cause on allegations that Lake City Council Member Tammy Harris solicited or accepted something of value in exchange for official action, accepted a thing of value intended to influence her, misused her position, or abused her office for a disproportionate benefit. The allegations concerned requests for money related to personal financial difficulties and contact with the Police Chief about release of an impounded vehicle.
No Probable Cause Found Against Osceola County Sheriff
The Commission found no probable cause to believe Osceola County Sheriff, Christopher Blackmon, violated ethics laws by purchasing custom apparel items from his daughter’s company while acting in his official capacity.
No Probable Cause Found in Trustee Election Matter
The Commission found no probable cause to believe Rebecca Earnest, a trustee of the Port Malabar Holiday Park Mobile Home Recreation District, misused her position by permitting consideration of a letter submitted three days before a meeting about the election of a prospective trustee, allegedly contrary to procedure.
Probable Cause Found Against Alachua County Public Schools Superintendent Regarding her Financial Disclosures
The Commission found probable cause on allegations that Alachua County Public Schools Superintendent, Kamela Patton, failed to timely file her 2023 Form 1 and/or failed to properly disclose an LLC as intangible personal property on her 2023 and 2024 Form 1 disclosures.
No Probable Cause Found in Campaign Booth Matter
The Commission found no probable cause to believe Broward Soil and Water Conservation District Supervisor Jessie Bastos misused her position to benefit her candidacy for Broward County School Board by appearing at a public-event booth in her official capacity while wearing a campaign button and displaying campaign materials at the booth.
Source: Florida Commission on Ethics, October 28, 2026 press release, pp. 1–4 (12 probable-cause hearing matters).
Ethics Complaints Dismissed for Lacking Legal Sufficiency
A substantial portion of every 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, and is based upon personal knowledge or other legally sufficient information rather than mere speculation or hearsay. During the October meeting, the Commission reviewed and dismissed 59 complaints for failing to satisfy the statutory requirements necessary to proceed.
Ethics Note on Why Legal Sufficiency Matters: 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.
The Commission dismissed complaints involving the following individuals for lack of legal sufficiency:
JOHN BUCHHOLZ, Wildblue Community Development District Chair; RICHARD BENNINGTON, Wildblue Community Development District Vice-Chair; EMILY HIGDON MICHAELS, Assistant Attorney General; BRITTANY REESE, Leon County Sheriff’s Office Deputy Sheriff; PETER HINSON, Volusia County Code Enforcement Officer; MICHAEL SUSIC, Hidden Creek Community Development District Board Member (two complaints); FRANK SEBESTYEN, Vista Lakes Community Development District Chair; HOWARD KESSLER, 2nd Judicial Circuit Judicial Examining Committee Member; RAYMOND “BOZ” BOSSERT, Sun ’N Lake Residential Improvement District General Manager; LITERMIN JOSEPH, Town of Noma Mayor; SHERILYN PICKELS, City of Madison County Manager; VERONICA MILLER, City of St. Cloud City Manager; JOE WYNKOOP, Town of Montverde Mayor (three complaints); SHERON BROWN, City of St. Petersburg Director of Education and Youth; ROBERT CARROLL, Bay County Commissioner; BRIAN GONZALEZ, St. Lucie County Fire District Assistant Fire Chief (two complaints); TAMMY HARRIS, Lake City Council Member; CHEVELLA YOUNG, Lake City Council Member; MORRIS LEE WEST, Haines City Commissioner; ROCKY FORD, Columbia County Commissioner; KELLIE MARKS, Orange City Mayor; SCOTT DEWAYNE MONLYN, Calhoun County Commissioner; CARLA TRICKEY PEACOCK, Calhoun County Property Appraiser; GEORGE T. REEVES, Madison County Attorney; BARBARA KARGOL, Hidden Creek Community Development District Assistant Secretary; CORIN TERESA MALDONADO, 13th Judicial Circuit Court Reporter; HEIDI CLAWSON, Long Lake Ranch Community Development District Chair; WAYNE RICHARDS, Port of Palm Beach Commissioner; BLAIR CIKLIN, Port of Palm Beach Commission Candidate; VARISSA LALL DASS, Port of Palm Beach Commissioner; DEANDRE POOLE, Port of Palm Beach Commission Candidate; WILLIAM VEACH, Town of Fort Myers Beach Town Council Member; CARMEN G. MOLINA, Miami-Dade County School District ADA Chair; CHERYL MARINELLI, Town of Astatula Vice Mayor; ZANE TEETERS, Town of Astatula Mayor; JOSHUA FREDRICKSON, City of Cape Coral Assistant City Attorney; MARK MCSWAIN, Orange County Code Enforcement Officer; LANE STEPHENS, City of Quincy Mayor Pro Tem; CHRISTOPHER MASSON, Hillsborough County Code Enforcement Officer; SHANNON MARTIN, City of Port St. Lucie Mayor; JUSTIN HAZELLIEF, Okeechobee County Fire Department; LISA BASS, Hardee County, Tenth Judicial Circuit Judicial Assistant; AYESHA SOLOMON, Alachua County Property Appraiser; DANIEL (DANNY) T. GLIDEWELL, Walton County Commissioner; KEVIN CARRICO, City of Jacksonville City Council Member; NICHOLAS NESTA, City of Apopka Mayor; BRYAN NELSON, City of Apopka Mayor; KERRY ALAN SMITH, Santa Rosa County Commissioner; DALE V.C. HOLNESS, Broward County Commissioner; FRANKLIN W. MARTZ, II, City of Altamonte Springs City Manager; SCOTT WATSON, Village of Indiantown Planning and Zoning Board Member; BEVERLY A. NASH, City of Quincy Former Interim City Manager; GARY PATTERSON, University of South Florida School of Business and Finance; BLAISE INGOGLIA, State of Florida Chief Financial Officer; REBECCA CREWS, Fourth Judicial Circuit Deputy Clerk.
Source: Florida Commission on Ethics, October 28, 2026 press release, pp. 4–6.