FEI Ethics Update: Florida Ethics Determinations—Sept Meeting
September 21, 2025
During its meeting on Friday, September 12, 2025, the Florida Commission on Ethics (Commission), the constitutionally created independent agency tasked with interpreting and enforcing the State’s governmental 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
Commission Selects New Chair and Vice Chair
At the meeting the Commission elected Jon M. Philipson as Chair for the 2025-2026 term beginning September 12, 2025. Commissioner Philipson was appointed by Governor DeSantis in 2025. He is a Tampa-based Gunster shareholder specializing in business litigation, arbitration, and antitrust law. A top graduate and Rhodes Scholar finalist, he clerked for a federal judge and has a background in public service, while actively mentoring future legal professionals.
Dr. James Bush, III, was elected Vice Chair. Commissioner Bush was appointed by Speaker Perez in 2024. Dr. Bush is a former Florida State Representative and longtime community leader with over 40 years of service in education and ministry. As founder of James Bush III Ministries and the Just Pray Movement, he continues to champion faith, family, and civic engagement throughout the Miami-Dade community.
Ethics Complaint Settlement
The Commission considered and approved the settlement (referred to as “Joint Stipulation”) of an ethics complaint brought against City of Fort Pierce Senior Planner, Vennis Gilmore, wherein he acknowledged that he had violated the conflicts of interest restrictions of the Florida Code of Ethics prohibiting conflicting employment and contractual relationships by public officials. The settlement finds that Gilmore had a prohibited conflict of interest when a nonprofit company wherein he is member and serves as President, Rooted in Change, Inc. D/B/A Lincoln Park Young Professionals, responded to a City-issued Request for Proposals (RFP) and thereafter leased land from the City. During the meeting, the Commission’s Attorney (referred to as “Advocate”) noted that because of the conflict of interest the City had already demoted Gilmore and reduced his salary.
In light of the ethics violation the Commission recommended that the Governor impose a civil penalty of $1,000 and publicly censure and reprimand him.
Adoption of Ethics Opinion Advising a Flagler District School Board Member that Conflicts Would Arise if her Private Business Sells Educational Services to Flagler Students
In a highly contested and heavily deliberated ethics advisory opinion, wherein two differing draft opinions were requested and considered—the Commission voted to approve version 1A of the analysis which advised a Flagler County School Board member that a prohibited conflict of interest would arise if a private business that she owns were to advertise or sell educational services to students in her School District. The ethics advice approved after more than an hour of discussion follows recommendations given in more than a decade of Commission ethics opinions.
The analysis approved at Friday’s meeting reasoned that the School Board member’s selling of services directly to District students would create a prohibited conflict of interest under Florida’s ethics laws, even if sales are limited, because it risks compromising the member’s impartiality. However, the opinion further provides that volunteering to educate students on topics related to her business is allowed if done without promoting the business through logos or materials. But marketing the business to students on school property or in digital platforms by the School Board member would be prohibited by law. Similarly, hiring District employees for the member’s private business would also create a prohibited conflict of interest. Finally, the member was advised that her business sponsoring a school team in exchange for logo placement on shirts would create a prohibited business relationship; however, a donation would not be prohibited by the Florida Code of Ethics.
Adoption of Ethics Opinion Advising Newly Appointed Member of Broward School Board Concerning Possible Conflicts of Interest
The Commission also considered and approved an ethics advisory opinion advising a newly appointed member of the School Board of Broward County—who is also an attorney shareholder in a law firm possessing contracts with the School Board which pre-dated his appointment to the board—that such contracts would not give rise to prohibited conflicts of interest for him personally due to the application of a “grandfathering” exemption. But the Commission further cautioned the member that new contracts executed subsequent to his appointment would not receive the benefit of the “grandfathering” exemption and, thus, would give rise to prohibited conflicts of interest. Advice was also provided concerning ethical limitations on his ability to participate and vote on matters involving his private employer.
Ethics Legislative Proposals for 2026
Each year the Commission on Ethics submits proposals to the legislature which it believes will strengthen the Florida Code of Ethics. At the meeting the Commission considered the draft Legislative Recommendations for the 2026 Session which is scheduled to convene January 13, 2026. At the meeting the Commission provided guidance to Commission staff concerning considerations pertaining the 2026 proposals which are ongoing.
Of note was the discussion of draft language seeking clarification of a newly enacted requirement that all ethics complaints must be based upon “personal knowledge or information other than hearsay” in order to be investigated. Although Chair Phillipson stated that the Legislature’s intent to heighten the investigatory requirements in 2024 was clear and that more time was needed to “allow this to play out before making any further changes to the standard,” other Commission members expressed concern regarding the new requirements.
Commissioner Steward stated that she thought that this “has been a troublesome declaration that was done in a very hurried fashion on the last day of Session and without discussion.” She explained that the new ethics investigatory standards were the result of a last-minute amendment to a bill passed “without any discussion it was pushed through and was then given to the ethics board to try to determine what hearsay was and what it wasn’t.” Commissioner Steward stated that the new standard “has caused quite a bit of problems” noting that “it has been almost a year since it was added.” She urged approaching members of the legislature now, including Senator Don Gaetz, to address the issue because “we have found and have determined that there are many, many instances where we have had to throw out [ethics] cases because of hearsay that were never thrown out before.”
The Commission’s Executive Director, Kerrie Stillman, advised that upon research they were able to identify “a handful” of cases where some or all of the allegations in the complaint had to be dismissed due to the new hearsay requirements.
Governor Declines to Impose Ethics Penalties on Several Public Officials that Have Been Found to Have Violated Florida’s Ethics Laws
The Executive Director’s Report submitted as part of the meeting materials included copies of more than a dozen Executive Orders issued by the Governor’s office enforcing ethics penalties imposed upon public officials found to have violated the ethics laws. However, in five cases the Governor either chose to drastically reduce the recommended penalty or to not enforce it at all against the public official.
The matters included ethics violations involving the following public officials:
- In the matter of In re Stephanie Busin, Executive Order 2025E-19 was issued wherein the $3,000 fine and public censure and reprimand recommended by the Commission—was reduced to “no penalty” in the Executive Order absent any explanation for the reduction.
The recommended penalties were the result of a settlement wherein the Hendry County School Board member was found to have violated the constitutional prohibition against abusing one’s office to obtain a disproportionate benefit by “violating School District policies when speaking to students about elections in her official capacity and distributing her campaign materials to them” and that she misused her official position by using “her position and/or public property or public resources to secure a special private” benefit for herself.
- In In re Carlos Beruff, Executive Order 2025E-03 was issued wherein the $1,500 fine and public censure and reprimand recommended by Commission—was reduced to a $500 fine imposed by Governor absent public censure and reprimand.
The penalties recommended by the Commission were the result of a fully adjudicated matter wherein Beruff, while serving as Chair of the Southwest Florida Water Management District’s board, was found to have failed to accurately disclose assets on three different year’s financial disclosure filings.
- In In re R.C. “Rick” Lussy, Executive Order 2025-04 was issued wherein the $5,000 fine and public censure and reprimand recommended by Commission—was reduced to a $3,000 fine imposed by Governor and absent public censure and reprimand.
The penalties recommended by the Commission were initially set by an Administrative Law Judge for Lussy’s having failed to accurately disclose liabilities in his 2019 financial disclosure filed as a candidate for Property Appraiser in Collier County.
- In In re Melody Jurado, Executive Order 2025E-05 was issued wherein the $10,000 fine and public censure and reprimand recommended by Commission—was reduced to “no penalty” imposed by Governor.
The penalties recommended by the Commission against the former Temple Terrace Mayor involved her misuse of her public position and resources when she misrepresented her academic credentials on the City’s web pages.
- In In re Eddie Martinez, Executive Order 2025-07 was issued wherein the $5,000 fine and public censure and reprimand recommended by Commission—was reduced to a $3,000 fine imposed by Governor and absent public censure and reprimand.
The penalties recommended by the Commission against the former member of the Monroe County Commission were initially set by an Administrative Law Judge finding that Martinez violated the financial disclosure provisions of the Florida Code of Ethics requiring the full and public disclosure of financial interests by constitutional officers, and violated Art. II, s. 8, of the Florida Constitution, by filing an inaccurate financial disclosure in 2020.
Executive Session
During its closed session meeting (wherein confidential and exempt matters are addressed) the Commission took action on forty-six (46) matters. In a Press Release issued September 17, 2025, the Commission made the following findings.
Ethics Complaints Considered for Probable Cause
During the Executive Session meeting, five (5) 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. 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 at the Division of Administrative Hearings (DOAH).
The Commission considered a complaint filed against former Director of Building Development for the City of Tarpon Springs, Kevin Powell. No probable cause was found to believe that Mr. Powell abused his position to obtain a disproportionate benefit or misused his position when he performed work in his private capacity for a company he owned while simultaneously working for the City. An allegation that Mr. Powell had a contractual relationship with a business entity that was subject to the regulation of or doing business with his agency was also dismissed with a finding of no probable cause.
The Commission considered a complaint against Columbia County Sheriff Captain, Todd Lussier. No probable cause was found to believe Mr. Lussier solicited or accepted anything of value based on an understanding that it would influence his official actions. Further, no probable cause was found on allegations Mr. Lussier abused his position to obtain a disproportionate benefit or misused his position to influence the outcome of a friend’s traffic stop.
The Commission found no probable cause to believe that a member of the Concorde Estates Community Development District (CDD) Board of Supervisors, Victor Cruz, violated the constitutional amendment prohibiting abuse of office for a disproportionate benefit or misused his position when CDD records reflected $0 non-ad valorem tax for himself and his neighbor. An allegation Mr. Cruz had a conflicting contractual relationship when the CDD Attorney represented him in his divorce proceeding was dismissed with a finding of no probable cause.
No probable cause was found on an allegation that former Palatka Interim City Manager, Jonathan Griffith, had an employment or contractual relationship with a business entity that was subject to the regulation of the City of Palatka when a company he has an ownership interest in purchased property in the City, and submitted a rezoning application to the City’s planning department.
No probable cause was found on an allegation that Fort White Mayor, George Jacob Thomas, misused his position by failing to utilize the rating procedures used by the City Councilmembers for the selection of a candidate to fill a vacancy on the Town Council.
Ethics Complaints Dismissed for Lacking Legal Sufficiency
The Commission also reviewed and dismissed forty-one (41) 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 which is a public record accessible to the public upon request.
At its meeting the Commission dismissed complaints filed against the following public servants due to a lack of legal sufficiency: MARK MATHES, Fellsmere Water Control District Manager; MARCOS R. LOPEZ, Osceola County Sheriff; JAVIER CISNEROS, Fort Pierce Utilities Authority Director; BADIA STRACHAN, Concorde Estates Community Development District Board of Supervisors Vice-Chair; ALONZETTA SIMPKINS, Gadsden County Commissioner; LAUREN JOHNSON, Palm Coast Acting City Manager; MARY ANN DELGADO, Venetian Isles Community Development District Vice Chair; TAMMIE TALLEY, Duval County Public Schools Director of Athletics; MARY LOU HOOVER, Key West City Commissioner; KEN BURKE, Sixth Judicial Circuit Clerk of Court and Comptroller; WILLIAM BARRS, Treasure Island Fire Chief and Acting City Manager; TRACEY MILLER, Martin County Schools Deputy Superintendent; DARRIN MOSSING, Village of Westport Community Development District Manager; TAMMY VASQUEZ, Treasure Island Vice Mayor; ANGELA OWENS, Kennedy Middle School Principal; BARBARA LANGDON, North Port City Commissioner; CHARLES W. BURKETT, Surfside Mayor; ART GONZALEZ, Biscayne Park Village Commissioner; BRYAN HUNTINGTON, Village of Biscayne Park, Vice Mayor; VERONICA AMSLER, Village of Biscayne Park Commissioner; JONATHAN E. GROTH, Village of Biscayne Park Mayor; JORGE E. ROSERO, Village of Biscayne Park Interim Police Chief; JOHN W. MINA, Orange County Sheriff; YASHEKIA SCARLETT, Village of Westport Community Development District Chair; VICTOR D. CRIST, Thirteenth Judicial Circuit Clerk of Court; MARIA PIERCE, Town of Sewall’s Point Human Resources and Finance Director; SEAN FLANAGAN, Coconut Creek Deputy Building Inspector; MICHAEL SCOTT, RICK WILSON, and BILL BRASWELL, Polk County Commissioners; ROBERT K. MCCANN, Manatee County Commissioner; STACEY M. BUTTERFIELD, Polk County Clerk of Courts and Comptroller; ANNE HUFFMAN, Haines City Commissioner; HORACE L. JONES, Escambia County Development Services Director; DANA PAIGE, Volusia County Director of Human Relations; AARON VAN KLEECK, Volusia County Director of Emergency Services; ALEX ANDRADE, Former Milton City Attorney and current State Representative; CHRISTI HOLLINS, Southern Manatee Fire Rescue Firefighter; DORI HOWINGTON, Deltona City Commissioner; KEVIN RUANE, Lee County Commission Vice Chair; and BEVERLY NASH, City of Quincy Mayor.
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