Ethics commission adopts DCA‑mandated order in Underhill cases, approves multiple stipulations, affirms lobbying fine and waives two disclosure fines

The Florida Commission on Ethics at its public meeting completed several formal actions: it adopted the First District Court of Appeal’s mandate in consolidated complaints against Douglas Underhill, approved amended joint stipulations resolving three complaints, affirmed an automatic fine for a lobbying firm that filed a quarterly compensation report late, and waived automatic disclosure fines in two individual appeals.

Underhill consolidated complaints and DCA mandate

The commission adopted a final order required by the First District Court of Appeal in three consolidated complaints against Douglas Underhill, who was a member of the Escambia County Commission at the time the complaints were filed. Staff explained that the appellate court ordered the commission to set aside the commission’s initial final order and to adopt the administrative law judge’s (ALJ) recommended order. Staff summarized the ALJ’s findings as concluding three violations of the state gift law: (1) accepting a gift to a legal defense fund of more than $100 from a county vendor or lobbyist; (2) failing to report a separate gift to the legal defense fund of over $100 on the Form 9; and (3) failing to report free legal services from a law firm on a Form 9. The ALJ had recommended a public censure and reprimand and a civil penalty for the failure to report free legal services; the draft presented to the commission followed the district court’s mandate to adopt the ALJ’s recommended order. Staff said the action "will close the case." The commission voted to adopt the draft order.

Joint stipulations and recommended penalties

The commission approved three amended joint stipulations presented by staff for respondents who had previously faced probable‑cause findings:

- Angela McDonald (complaint 23‑283): After the First DCA clarified the law on solicitation, the parties presented an amended stipulation under which McDonald admits a single violation related to failing to disclose a gift exceeding $100 and agrees to a civil penalty of $500 with public censure and reprimand. The commission approved the amended stipulation.

- Kenneth Brenner (complaint 24‑008): Probable cause had been found only on a 2023 Form 6. Respondent filed an amended Form 6 providing the missing information; the stipulation recommends a $250 civil penalty. The commission approved the stipulation.

- Ron Mueller (complaint 24‑048): Following the First DCA’s decision on solicitation, the parties presented an amended stipulation in which Mueller admits a failure to disclose a gift over $100 and agrees to a $150 civil penalty with public censure and reprimand. The commission approved the amended stipulation.

Lobbying firm compensation report fine affirmed

The commission considered an appeal by Policy Standard LLC (identified in staff presentation as the firm) of an automatic fine imposed under the executive‑branch lobbying statute for a late quarterly compensation report. Staff explained the fourth‑quarter report was due on Feb. 14, 2025, and the firm filed on March 17, 2025—31 days late—creating a $1,550 fine at $50 per day. Staff noted the firm had received prior notice and had previously received its one allowable waiver for an earlier quarter. Staff recommended denying the waiver and affirming the fine, saying that "inadvertently overlooking a filing requirement is not an uncommon, rare, or sudden event" sufficient to justify waiver. The commission voted to adopt the proposed final order and affirmed the fine.

Financial disclosure appeals and waivers

The commission granted staff recommendations to waive automatic fines in at least two individual financial‑disclosure appeals:

- Ben King (FD 21‑028): Staff recommended waiver because notices were sent to an Ocala address while King provided documentation showing he resided at Orlando addresses during the notice period. The commission waived the fine.

- Caleb Desius (appeal of a 2019 Form 1 filed in 2020): Desius, a planning & zoning board member, requested waiver citing grief and mental‑health struggles following the loss of his son and other personal hardships. Commissioners compared this case with a recent waiver granted in a separate matter based on personal hardship and voted to waive the fine; commissioners also directed staff to correct or confirm an apparent erroneous document page in the case record.

Other administrative actions

The commission approved a staff recommendation dismissing a complaint found legally insufficient (Complaint 25‑047 in reference to Joanne Alvarez), entered default final orders where filers failed to appeal or pay fines, and approved orders declaring certain fines uncollectible where staff had verified that listed individuals were deceased. The agenda item about remote attendance (Item 13) was continued to the next meeting to allow input from members who were not present previously.

Ending: Several matters remain in litigation or subject to external legal limits: staff reported on the status of Loper v. Lucas (a federal case that has temporarily enjoined a statutory change regarding Form 6 versus Form 1 filings), and the commission discussed upcoming legislative matters and the launch of a new electronic filing (eFDMS) module for fines and appeals. The meeting concluded after the adjournment vote.