Florida ethics panel says County Commissioner Steele can resume lobbying for municipalities

Brevard County Commissioner Jason Steele has been given the green light to resume his lobbying work ― including for municipalities within the county ― while he continues to serve as District 5 commissioner.

The Florida Commission on Ethics last week unanimously approved an advisory opinion from its legal staff that said there currently is nothing illegal about Steele lobbying on behalf of clients, as long as he doesn't lobby before the County Commission and doesn't use nonpublic information he obtained as a commissioner for his lobbying work. The Commission on Ethics also said Steele can vote on items coming before the County Commission that involve cities or towns that are his lobbying clients.

Steele said he plans to resume his lobbying work for Indialantic and Satellite Beach as soon as he completes the necessary paperwork.

Lobbying work halted: Incoming Brevard County Commissioner Steele drops lobbying work for three municipalities

Steele was appointed by Gov. Ron DeSantis to the County Commission to fill a vacancy created by the resignation of then-District 5 Commissioner Kristine Zonka, who was named by DeSantis as administrator of the Florida Department of Health in Brevard County. Steele will fill out the remainder of Zonka's term, which ends in November 2024.

Steele gave up his lobbying work for various municipal and business clients, because a section of the Florida Constitution prohibited public officers in Florida ― including county commissioners ― from lobbying federal, state or local government entities during their term in office. Steele is director of government relations for the Smith & Associates law firm, which has offices in Melbourne and Tallahassee.

But, on Aug. 9, the U.S. District Court for the Southern District of Florida issued a permanent injunction against enforcing this prohibition, finding it unconstitutional.

Steele's law firm on Aug. 14 asked for a legal opinion from the Florida Commission on Ethics to see if Steele could resume his lobbying work. The Commission on Ethics staff issued an 18-page legal opinion, indicating that Steele can do so. And the Commission on Ethics unanimously approved the opinion during its Oct. 20 meeting.

Steele said Smith & Associates receives a fee of $1,500 a month plus expenses from Satellite Beach and a fee of $1,000 a month from Indialantic for lobbying services. Cape Canaveral also previously was a lobbying client of Smith & Associates, but is considering other lobbying options, Steele said.

Steele receives a salary from Smith & Associates, and does not get paid directly by the firm's lobbying clients.

Court ruling: With Florida law overturned, Brevard commissioner Jason Steele could resume lobbying work

Steele said he is not sure why his lobbying work has become an issue. He says his votes on the County Commission will be based on what's best for the county, and not on how the votes might affect the entities he lobbies for.

But South Patrick Shores resident Sandra Sullivan has made an issue of Steele's lobbying during her public comments at County Commission meetings.

"It doesn't sit well with me that a commissioner is a lobbyist," Sullivan said in an interview Monday.

During one confrontation with Steele at an Aug. 8 County Commission meeting, Sullivan raised questions about Steele's past lobbying connections with Satellite Beach, in relation to a County Commission discussion at that meeting on the funding of ocean lifeguards.

In response, Steele said: "Miss Sullivan, I am sick and tired of your accusations that I'm lobbying for the city of Satellite Beach. Keep your opinions to yourself. I have resigned my position as a lobbyist, period. I am doing the best job I can. And if you keep it up, I will file a defamation of character lawsuit against you. Knock it off."

Steele says, now that he will resume lobbying for Indialantic and Satellite Beach, he will seek the opinion of County Attorney Morris Richardson if there is any question on whether there is any legal issue about him voting on agenda items involving the cities he lobbies for.

Richardson said that, based on the Commission on Ethics action, Steele "is not required to recuse himself from voting on measures affecting his municipal clients" and does not have to register as a lobbyist with the county because Steele will not lobby Brevard County on behalf of his clients.

During the 38-minute Commission on Ethics discussion of the matter on Oct. 20, Commissioner Wengay Newton Sr. noted that lobbyists often are hired "because of your pedigree and your access and the people that you know."

In addition to being a county commissioner, Steele is a former Florida House of Representatives member, and a former member of the Enterprise Florida and the Space Florida boards.

But commission staff noted that the staff legal opinion makes it clear that Steele cannot use his position as a county commissioner to further the interests of his lobbying clients.

Commissioner William Cervone said Steele would put himself "in a perilous position" if he deviated from the guidelines.

The Commission on Ethics staff's legal opinion said the findings might be different if Steele were an attorney with the firm or if he received payments directly from his lobbying clients. Also, it said that things could change if the U.S. District Court ruling is overturned on appeal.

The lobbying prohibition was created through a 2018 constitutional amendment that was passed with 79% voter approval. The Florida Legislature passed a law implementing it last year.

Dave Berman is business editor at FLORIDA TODAY. Contact Berman at dberman@floridatoday.com, on X at @bydaveberman and on Facebook at www.facebook.com/dave.berman.54

This article originally appeared on Florida Today: Brevard County Commissioner Steele gets OK to resume lobbying work