Florida Ethics Update: Commission on Ethics Determinations—June Meeting
June 14, 2024
By Caroline Klancke, Esq., Florida Ethics Institute.
During its meeting on Friday, June 7, 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 as well as certain public employees are legally mandated to file an annual disclosure concerning their private financial interests. There are two types of financial disclosure—the Form 6, “Full and Public Disclosure of Financial Interests” (requiring, for example, the disclosure of a filer’s net worth as well as assets, liabilities, and sources of income over $1,000) and the less exhaustive Form 1, “Statement of Financial Interests” (requiring, in part, the disclosure of major sources of income, as well as intangible personal property and liabilities over $10,000, and real property in Florida).
This year, for the first time, all filers on every level of government, will be 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. All electronic disclosures filed in EFDMS will be published on the Commission’s website where they may be searched by the public, for free. Florida law mandates that all filers must file their forms electronically by July 1, 2024.
Luckily, the Commission on Ethics has a cadre of personnel and resources designed to assist filers in accessing, and correctly and accurately filing, their electronic financial disclosures in this year and beyond. The Commission’s website as well as the new e-filing system contain a wealth of detailed form instructions, frequently asked questions, training videos, as well as links to helpful opinions and guidance. The Commission also recently launched a Financial Disclosure Call Center available at (850) 488-7864.
At Friday’s Commission meeting, the Executive Director, Kerrie Stillman, provided an update regarding the progress of e-filing in advance of the July 1 filing deadline. She stated that the Commission was hard at work assisting filers. She advised that in April the Commission received 3,355 calls from filers, while in May the number of filer calls rose to 5,176. She advised that on one single day during this period the Commission received 525 calls.
Stillman further advised that of the 39,588 public officials that are expected to file electronically this year, approximately 38.6 percent of Form 6 filers (both state and local), 50.72 percent of state Form 1 filers, and 49.14 percent of local Form 1 filers (who have historically filed their financial disclosures with the Supervisors of Elections in their locality but this year are filing their form electronically with the state)—have already filed their financial disclosure early and well in advance of the deadline. These numbers do not include candidates for elective office who will be filing their qualifying papers, including a financial disclosure statement, within the next few days.
Further complicating the financial disclosure process subsequent to the meeting, was a federal court ruling issued on Monday, June 10th which blocked the Commission’s enforcement of a new Florida law requiring Mayors, City Commissioners, and candidates for such offices to file a more robust form of financial disclosure this year than they have filed in the past. To learn more about this determination and its impact on financial disclosure, click here.
At the meeting, the Commission also approved four financial disclosure fine waivers based on the presence of unusual circumstances which prevented timely filing.
Executive Session
During its closed session meeting (wherein confidential and exempt matters are addressed) the Commission took action on thirty-seven (37) matters. In a Press Release issued June 12, 2024, the Commission made the following findings.
Ethics Complaints Considered for Probable Cause
During the Executive Session meeting, fifteen (15) 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.
In a referral from the Florida Department of Law Enforcement, the Commission voted to find probable cause that former St. Lucie County Sheriff, Ken Mascara, misused his position and official resources to assist a campaign in order to prevent a particular candidate from running against him in the general election. An allegation he used confidential information obtained because of his public position for his personal benefit or to benefit someone else was dismissed with a finding of no probable cause.
No probable cause was found to believe Eatonville Community Redevelopment Agency Chairman of the Board of Directors, Angie Gardner, misused her position when she carried out the terms of a contract to issue a severance payment to the former Executive Director of the Town of Eatonville Community Redevelopment Agency.
The Commission considered a complaint filed against Palm Coast Mayor, David Alfin. No probable cause was found to believe Mr. Alfin had a voting conflict that would inure to the special private gain or loss to a business associate when he voted on a measure establishing a Community Development District.
The Commission considered two complaints filed against Panama City Mayor, Michael X. Rohan. In the first complaint, the Commission found probable cause on two allegations. The allegations were that he violated the constitutional amendment prohibiting abuse of office for a disproportionate benefit and misused his position to sexually harass a city employee. The second complaint contained allegations that he violated the constitutional amendment prohibiting abuse of office for a disproportionate benefit and misused his position when he attempted to repurpose a legislative appropriation the City had been awarded for sidewalks, even though he had been told by legislative officials that the appropriation could not be repurposed. Probable cause was found on both allegations.
No probable cause was found to believe Eatonville Community Redevelopment Agency (ECRA) Board of Directors Member, Theodore Washington, misused his position to issue a severance payment to the former Executive Director of the ECRA.
The Commission found no probable cause to believe that Frank A. Nick, former Walton County Commissioner, violated the constitutional amendment prohibiting abuse of office to obtain a disproportionate benefit and misused his position when used his state purchasing card to pay for travel to multiple conferences.
The Commission considered a complaint against Bonifay Mayor, Larry Cook. No probable cause was found to believe Mr. Cook had a prohibited business relationship by his tire company doing business with the City or by having a business relationship with an entity doing business with the City. No probable cause was found on an allegation he misused his position when he unilaterally fired the Police Chief without consideration from the other Council members.
The Commission rejected the recommendation of its advocate and found no probable cause on three allegations that former Escambia County Commissioner, Douglas Underhill, failed to file accurate 2019, 2020, and 2021 Form 6 disclosures. No probable cause also was found on an allegation that he failed to timely file his 2022 Form 6F, Final Statement of Financial Interests.
In a complaint filed against Apopka Mayor, Bryan Nelson, the Commission found no probable cause to believe Mr. Nelson violated the constitutional amendment prohibiting abuse of office for a disproportionate benefit and misused his position regarding the termination of the City Attorney. In addition, an allegation that he used City resources to hold meetings for a non-profit foundation was dismissed with a finding of no probable cause.
The Commission considered two complaints against Columbia County Commissioner, Rocky Ford. In the first complaint, the Commission found probable cause Mr. Ford failed to file accurate 2022 Form 6 disclosure. However, the Commission elected to take no further action on the allegation due to the particular circumstances of the matter. The second complaint contained allegations related to a construction company owned by Mr. Ford, that was attempting to develop a subdivision in a City within his County. The allegations were: that he had a contractual relationship with an entity doing business with the County; that he violated the constitutional amendment prohibiting abuse of office for a disproportionate benefit; and that he misused his position. No probable cause was found for all three allegations.
No probable cause was found to believe Riviera Beach City Councilman, Douglas Lawson solicited or accepted candidate financial support and promises of employment, based upon an understanding that he would vote for proposed land use and rezoning ordinances. The Commission also found no probable cause to believe he violated the constitutional amendment prohibiting abuse of office for a disproportionate benefit and misused his position regarding the same allegations.
The Commission considered a complaint against Crescent City Mayor, Michele Myers. It was alleged that Ms. Myers misused her position to suggest a CRA grant program be used to incentivize a local business owner to run against her political opponent. No probable cause was found on the allegation.
The Commission found no probable cause to believe that Clint Smith, Palm Coast Planning and Land Development Review Board Chairperson, owned a consulting firm that had a contractual relationship with the Palm Coast Planning and Land Development Review Board or the City. An allegation he had a conflicting employment or contractual relationship also was dismissed with a finding of no probable cause.
Ethics Complaints Dismissed for Lacking Legal Sufficiency
TThe Commission also reviewed and dismissed twenty-two (22) 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: Michelle Salzman, Member Of The Florida House Of Representatives; Tradrick Mccoy, Rivera Beach City Councilmember; Julie Bujalski, Dunedin Mayor; Fred Tricker, Walton County Planning Commission; Bill Braswell, Polk County Commission; Rodney Harris, Miami Gardens Mayor; Linda Julien, Reginald Leon, and Robert Stephens, Miami Gardens City Commissioners; Cam Benson, Miami Gardens City Manager; Mario Bataille, Miami Gardens City Clerk; Alfred Jerome Fletcher, North Port City Manager; Joseph A. Catigano, Oak Hill City Commissioner; Tim Coute, Pasco County Chief Deputy Tax Collector; Kenneth A. Vogel, Candidate For Orange Park Town Council; Luis Rosado, Florida Department Of Corrections Senior Correctional Probation Officer; Tom Wright, Member of the Florida Senate; Hoyt Lamb, Jr., Suwannee Water and Sewer District; Maggie Mooney, Longboat Key Code Enforcement Officer; Christopher Kopp, Longboat Key Code Enforcement Officer; Jordan Marlowe, Newberry Mayor; and Sebrena Thomas, Highlands County Clerk Of Courts Probate Supervisor And Manager.
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