Florida Ethics Update: Ethics Commission Determinations—October Meeting
October 31, 2024
During its meeting on Friday, October 25, 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 Florida Code of Ethics and the “Sunshine Amendment” to the State constitution (Art. II, s. 8, Fla. Const.).
Public Session
Denial of Reconsideration of Probable Cause Found in Ethics Complaint Against State Rep. Randy Fine
The Commission began its meeting by denying a novel “Motion to Reconsider if Probable Cause Exists” (Reconsideration) concerning an ethics complaint filed against Florida Representative Randall “Randy” Fine (R, South Brevard County) and initiated by a then candidate for the Brevard County School Board (Candidate), alleging that Fine misused his official
position and abused his public office to obtain a disproportionate benefit by encouraging a Melbourne City Councilmember to make negative social media posts criticizing the School Board Candidate and her participation in a Special Olympics fundraiser and implying to the City Councilmember that legislative funding for City projects would be jeopardized by the member’s participation in the event.
The Commission staff had recommended that the complaint be dismissed as legally insufficient. But at the July 22, 2022, Commission meeting, the Commission instead voted to find the complaint legally sufficient for investigation.
The Report of Investigation in the matter indicated that in text messages between the Councilmember and Fine he called the Candidate derogatory names and suggested that the City Attorney be fired for providing advice to release documents responsive to public records requests stating “I wasn’t serious about taking your funding away. But if you don’t fire your City Attorney, I will take away your funding.” After the Candidate publicized her participation in the fundraiser, Fine texted the Councilmember that she “just put your project and Special Olympic funding on the veto list.”
Following the preliminary investigation, the Commission’s counsel (referred to “Commission’s Advocate”) recommended a finding of no probable cause as to the allegations. However, at the April 21, 2023, meeting the Commission rejected the recommendation of its counsel and found probable cause to believe that Fine had violated the ethics laws and thereafter forwarded the case to the Division of Administrative Hearings (DOAH) for a full administrative trial.
The Motion for Reconsideration considered at Friday’s meeting, asked the current composition of ethics commissioners to reconsider the finding of probable cause arguing that “there simply is no clear and convincing evidence which supports a finding of a violation in this case” and cites to the Advocate’s recommendation as to no probable cause which had been rejected by the Commission, as support for the reconsideration.
Following introduction of the matter by the Commission’s General Counsel and Deputy Executive Director, Steven Zuilkowski, who readily acknowledged that the Commission does not have a process for reconsideration of a probable cause determination absent new evidence. During the deliberation of the motion, Commissioners Lile and Bain expressed concerns regarding the lack of precedent or a procedural pathway by which such a reconsideration could occur. Commissioner Anchors expressed concerns about the lack of timeliness of the Reconsideration. Conversely, Commissioner Newton expressed concerns that prior ethics commissioners have “asked staff to do the impossible” by trying cases where insufficient evidence of wrongdoing exists.
Thereafter, the Commission voted to deny the Reconsideration, with Commissioner Newton as the only no vote. Commissioner Descovich recused herself from the vote to “avoid the appearance of bias and prejudice.” Thus, the matter will be sent back to DOAH for a full administrative trial on the underlying ethics complaint.
Approval of Advisory Opinion on Post Public Employment Restrictions Concerning Former Legislative Analyst
In an ethics advisory opinion approved at the meeting, the Commission advised a legislative analyst employed in the Florida House Majority Office that, pursuant to Florida’s “revolving door” post-employment restriction designed to curb influence peddling, during the two years after leaving public employment he would be prohibited from representing clients before his former agency, the Florida House. However, the opinion goes on to clarify that he would be free to represent clients before the Senate during this period, as it was not his former “agency.”
Approval of Advisory Opinion on Lobbying Restrictions Applicable to a Former Member of the Collier County Planning Commission and Current Member of Special District Board
In another ethics opinion approved at the meeting, the Commission provided guidance to a former member of the Collier County Planning Commission, and current member of the Ave Maria Stewardship Community Special District. The Commission advised that he would not be prohibited from representing clients before his former agency (the Collier County Planning Commission and the Board of County Commissioners) pursuant to the statutory post office-holding lobbying restrictions applicable to former elected local officers. Advice was also provided concerning the operation of the new constitutional in-office and post-office-holding lobbying restrictions.
Approval of Changes to Ethics Complaint Form and Financial Disclosure Rules
The Commission considered and approved proposed changes to its rules concerning the ethics complaint form (Form 50) to shorten it from a six (6) page document to a two (2) page document, to “make it more accessible for filers,” and to clearly indicate new legislative requirements providing that “an allegation in a complaint may now only be investigated if it is based on personal knowledge or information other than hearsay.”
Additional rule changes were approved concerning the Commission’s financial disclosure instructions and forms incorporated by reference into its various financial disclosure rules and in order to streamline and update them.
2025 Ethics Commission Legislative Proposals
Each year the Commission on Ethics submits proposals to the legislature which it believes will strengthen the Florida Code of Ethics. At its September 13th meeting, the Commission elected to adopt a more streamlined approach to its legislative recommendations for the 2025 Session, dropping many that had been recommended in years past.
At Friday’s meeting the Commission reviewed the newly streamlined 2025 Legislative Recommendations focusing on proposals to provide whistleblower protections to ethics complaint filers (thereby protecting them from retaliation) and salary withholding for the collection of unpaid ethics fines. During the consideration of the revised 2025 Legislative Proposals—Commissioner Bain made a motion, which was approved, to include foster parent relationships into the definition of “relative” contained within the ethics laws and which has gifts law implications as “relatives” of a public official may give them gifts of any amount and which they do not have to report.
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 October 30, 2024, the Commission made the following findings.
Ethics Complaints Considered for Probable Cause
During the Executive Session meeting, seven (7) 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 Lauderdale-By-The-Sea Volunteer Fire Department Pension Board Chair and Candidate for the Town of Lauderdale-By-The-Sea Commission, Kenneth Brenner. Probable cause was found to believe he violated Florida’s Constitution and financial disclosure law by filing an inaccurate 2023 Form 6 disclosure. No probable cause was found on allegations that he failed to accurately file his 2019, 2020, 2021, and 2022 Form 1 disclosures.
The Commission considered a complaint against St. Lucie County Sheriff’s Office Public Information Officer, Bryan Beaty, and found no probable cause to believe Mr. Beaty misused his position or used information not available to the general public for his personal benefit or to benefit someone else when he searched St. Lucie County Sheriff’s Office archives for photographs to use in a campaign.
The Commission also considered a complaint filed against Union County Coordinator, James “Jimmy” Perry Williams, and found no probable cause to believe he violated the constitutional amendment prohibiting abuse of office to obtain a disproportionate benefit or misused his position when he directed County Building Officials to backdate a building inspection and insert building permit applications into the permit files for residential homes his company was involved in building. 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 was dismissed with a finding of no probable cause.
No probable cause was found to believe Superintendent of Jefferson County Schools, Eydie Tricquet, misused her official position to benefit herself or another person when she appeared in a promotional video to share her experience with a product that had been purchased and used by the district.
The Commission considered a complaint filed against Industrial Program (IPP) Coordinator for the City of St. Petersburg, Tony White, and found no probable cause to believe he misused his position when he participated in interviews and made recommendations for a vacancy in the IPP that resulted in a promotion for an employee with whom he was alleged to have had a financial relationship.
The Commission considered a complaint filed against Washington County School Board Member, Cindy Johnson Brown, and found no probable cause as to an allegation that she misused her position when she provided speech language pathology testing services, in her private capacity, to a child attending a school in the district. The Commission also found no probable cause as to the allegation that she had a contractual relationship that created a continuing or frequently recurring conflict between her private interests and the performance of her public duties or impeded the full and faithful discharge of her public duties.
No probable cause was found to believe Lake Wales Chief of Police, Chris Velasquez, misused his official position to benefit himself or another when decisions were made about the announcement and promotion of a sergeant to lieutenant within the police department.
Ethics Complaints Dismissed for Lacking Legal Sufficiency
The Commission also reviewed and dismissed thirty-nine (39) 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 October meeting the Commission dismissed complaints filed against the following public servants due to a lack of legal sufficiency: STEVEN BAPP, City of Debary Growth Management Director; RAELIN STOREY, Hollywood Assistant City Manager; JOHN “JAY” HATCH, Branford Town Council President; ten complaints against JULIE MARCUS, Pinellas County Supervisor of Elections; ALIAN COLLAZO, Candidate for Florida House of Representatives; MAYRA URIBE, Orange County Commissioner; MICHAEL W RODEN, Lake County Building Services Licensing Investigator; BARBARA KING, South Bay City Commissioner; SHANNON SHEPP, Florida Department of Citrus Executive Director; KAITLIN C. LUSTGARTEN, Assistant State Attorney,19th Circuit; HOMER D. DELOACH, Putnam County Sheriff; ALFRED “CHOPPER” DAVIS, City of New Port Richey Mayor’s Chief of Staff; DEBBIE L. MANNS, City of New Port Richey City Manager; ERIK JAY, City of New Port Richey Code Enforcement Supervisor; KENNETH WELCH, Mayor of St. Petersburg; LINDA HUDSON, City of Ft. Pierce Chief of Staff; JEREMIAH JOHNSON, Ft. Pierce City Commissioner; CURTIS JOHNSON, JR., Ft. Pierce City Commissioner; MICHAEL BRODERICK, Ft. Pierce City Commissioner; ARNOLD S. GAINES, Ft. Pierce City Commissioner; JOSEPH LADAPO, State of Florida Surgeon General; ROSEANN HARRINGTON, Orange County Chief of Staff; SHERITTA JOHNSON, Former City of Fort Pierce Risk Manager; ANTHONY SNYDER, Preserve at South Branch CDD Supervisor; DAVID SILVERSTEIN, Preserve at South Branch CDD Supervisor; JON CREAMER, Florida Wildlife Commission NW Regional Director; STUART TETTEMER, Mayor of Panama City Beach; STACEY HECTUS, Former Levy County Planning & Zoning Director; SEAN WILCOX, Coquina Water Control District Board Member; and DAVID ALFIN, Mayor of Palm Coast.
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