Florida Ethics Update: Commission on Ethics Determinations—July Meeting

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Florida Ethics Update: Commission on Ethics Determinations—July Meeting

August 2, 2024

July 26 2024 COE Meeting
Photo: The Florida Channel

During its meeting on Friday, July 26, 2024, 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 (Code of Ethics) and the “Sunshine Amendment” to the State constitution (Art. II, s. 8, Fla. Const.).

Public Session

Update on E-Filing of Financial Disclosure by Nearly 40,000 State and Local Public Officials and Employees 
 

By law in Florida nearly 40,000 state and local elected and appointed public officials, candidates for office, as well as certain public employees are legally mandated to file an annual disclosure concerning their private financial relationships. This year, for the first time, all filers on every level of government, are required to use the new Electronic Financial Disclosure Management System (EFDMS), which was launched by the Commission on Ethics in 2022—to electronically create and publish their financial disclosure filings to a free, searchable database. Florida law mandates that all forms were required to be filed on or before the July 1st. 

 

At the Commission’s meeting the Executive Director, Kerrie Stillman, advised the public that there is a penalty free grace period until September 3, 2024, after which automatic “fines will begin to accrue at a rate of $25 per day late up to $1,500.” 

 

She further advised that the Commission’s staff and new Financial Disclosure Call Center has been hard at work taking calls from filers in advance of the deadlines. She said that “during the month of June the Commission received 9,229” ethics calls. She advised that in the week leading up to the July 1 deadline nearly 5,000 forms were filed. She further indicated that as of the meeting date 87.19 % of the more than 30,000 Form 1 filers and 93% of Form 6 filers had electronically and timely filed their disclosure. Further, she advised that despite some “curveballs” occurring in the final weeks of the candidate qualifying period the Commission was not aware of a single candidate that was not able to qualify due to issues with e-filing. However, she did advise that many had “not liked” having to use the electronic system and expressed a desire to return to the paper forms. 

 

At the meeting, the Commission also approved six financial disclosure fine waivers based on the presence of unusual circumstances which prevented timely filing. 

 

Consideration of Settlement of Ethics Complaint Involving the Former Sheriff of St. Lucie County 

 

The Commission considered and approved the Settlement (referred to by the Commission as “Joint Stipulation”) of an ethics complaint filed against the former Sheriff of St. Lucie County, Ken Mascara. Pursuant to the Settlement, Mascara acknowledged that he misused his position and official resources to assist a campaign to prevent a particular candidate from running against him in the general election. In light of these ethics violations the Commission recommended the Governor impose a civil penalty of $5,000, and public censure and reprimand.

 

The compliant, which originated from a referral from the Florida Department of Law Enforcement, centered around Mascara’s involvement in the orchestration of a “straw campaign” to recruit an individual to defeat his opponent in the 2020 Republican primary and then later concede the race to him. The Advocate’s Recommendation indicated that Mascara provided a “burner phone” to his subordinate to facilitate the campaign and that he provided “$10,000 to one subordinate by leaving the money in his desk drawer” at the Sheriff’s Office. FDLE opened a criminal investigation of the matter shortly after the 2020 race after information arose indicating that Mascara and his subordinates had run his opponent’s campaign. 

 

Dismissal of Attorneys Fees Petition 

 

The Commission dismissed a Petition for Costs & Attorney Fees filed by Walton County Planning Commissioner, Fred Tricker against the Complainant in a previously dismissed ethics complaint filed against him. The Commission explained the dismissal was warranted because the petition failed to meet the statutory requirement to prove entitlement to recover costs and reasonable attorney’s fees. 

 

Executive Session

During its closed session meeting (wherein confidential and exempt matters are addressed) the Commission took action on forty-five (45) matters. In a Press Release issued July 31, 2024, the Commission made the following findings.

 

 

Ethics Complaints Considered for Probable Cause

 

During the Executive Session meeting, eight (8) 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 and dismissed two complaints against Florida Governor, Ron DeSantis. In the first complaint, the Commission found no probable cause to believe that Governor DeSantis failed to report a golf simulator as a gift. The second complaint also contained allegations related to gift disclosure. The Commission also found no probable cause to believe he failed to report free air travel as a gift.
 
The Commission found probable cause to believe that former Quincy City Manager, Jack L. Mclean, Jr., violated the constitutional amendment prohibiting abuse of office to obtain a disproportionate benefit and misused his position when he worked simultaneously for Quincy and Riviera Beach and was compensated by two entities for the same periods of time. Probable cause was also found to believe Mr. McLean requested sick leave reported on his timesheet be changed to compensatory leave to boost his unused sick leave to the maximum allowed for payout.
 
No probable cause was found to believe Margate Mayor, Tommy Ruzzano, misused his position when he was involved in discussions about whether City baseball fields should prioritize travel or recreational baseball and about the membership of the board of the local youth baseball league.
 
The Commission found no probable cause to believe that North Miami Beach Commissioner, Michael Joseph, violated the constitutional amendment prohibiting abuse of office to obtain a disproportionate benefit and misused his position when he used his City issued P-card to pay for travel expenses to a forum in New York, a conference in Orlando, and to purchase funeral flowers for two families.
 
An ethics complaint against North Miami Beach Commissioner, Daniela Jean, was dismissed with a finding of no probable cause. The allegations were that she violated the constitutional amendment prohibiting abuse of office to obtain a disproportionate benefit and misused her position to purchase personal items from Amazon on a City issued P-card.
 
No probable cause was found to believe former Florida Division of Emergency Management Appeals Officer, Marija Diceviciute, used or disclosed information, gained by her official position and not available to the general public, for the benefit of herself and/or another.
 
The Commission rejected the finding of its advocate and found no probable cause to believe Gilchrist County Administrator, Bobby Crosby, violated the constitutional amendment prohibiting abuse of office for a disproportionate benefit and misused his position when he directed a subordinate city employee to load City property on a City vehicle and take it to his son’s private property.
 
A complaint filed against former Brevard Sheriff’s Deputy, Joseph Snyder, was dismissed due to his death.

 

Ethics Complaints Dismissed for Lacking Legal Sufficiency
 

The Commission also reviewed and dismissed thirty-six (36) 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 July meeting the Commission dismissed complaints filed against the following public servants due to a lack of legal sufficiency: MELISSA WILLIAMSON NELSON, State Attorney for the Fourth Judicial Circuit; REGGIE LEON, Miami Gardens City Council; CYNTHIA CRIBBS, Executive Secretary for the Office of the State Attorney, Fourth Judicial Circuit; JAMES SLATON, Lake Wales City Manager; THOMAS DELNAY, Lee County Deputy Building Official; WANDA RENTAS, former Kissimmee Vice Mayor and former Congressional candidate for the 9th District in the United States House of Representatives; KEN SCHNEIER, former Longboat Key Mayor, current Vice-Mayor and member of the Town Commission; ADAM MORRISON, Suwannee County Attorney; the following Suwannee County Commissioners: DON HALE, MAURICE PERKINS, TRAVIS LAND, LEO MOBLEY, and FRANKLIN WHITE; RONALD MEEKS, Suwannee Planning and Zoning Director; CHRIS HALL, Collier County Commission Chair; SALLY DICKSON, University Park Recreation District Board Chair; VIVIAN CARVALHO, University Park Recreation District Senior District Manager; JOSHUA MALDONADO, Brevard County Sheriff’s Deputy; KIM BARTON, Alachua County Supervisor of Elections; SERGEANT ROSENBERG, Madison County Sheriff’s Office Sergeant; CHRIS ANDREWS, Madison County Sheriff’s Office Undersheriff; DEPUTY RYAN DAVIS, Madison County Sheriff’s Deputy; MICHAEL ILCZYSZYN, Cape Coral City Manager; the following Cape Coral City Councilpersons: ROBERT WELSH, WILLIAM STEINKE, DAN SHEPARD, TOM HAYDEN, JESSICA COSDEN, and KEITH LONG; JOHN GUNTER, Cape Coral Mayor; ALEKSANDR BOKSNER, Cape Coral City Attorney; MICHELE PINES, Clermont City Councilmember; BENJAMIN TURINSKY, Board of Supervisors for the Lake St. Charles Community Development District member; YVONNE BROWN, Board of Supervisors for the Lake St. Charles Community Development District member; RANDY FINE, Representative, District 33, and Candidate for Florida Senate; ELIZABETH MILLER, former Attorney, Office of the Attorney General.

 

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