No probable cause found in 2nd ethics complaint against former commissioner Doug Underhill
The Florida Commission on Ethics announced on Wednesday that it had found no probable cause for a second ethics complaint filed against former Escambia County Commissioner Doug Underhill.
The complaint, which was not public until Wednesday, was filed by Pensacola businessman David Bear against Underhill, alleging the former commissioner had accepted legal services from the McDonald Fleming law firm in three lawsuits without paying his legal bills.
An Ethics Commission investigation found Underhill was making regular payments to the law firm and had paid $138,904.99 with a remaining balance of $23,030.92.
With the finding of no probable cause to this ethics complaint, the complaint itself highlights all of the legal troubles Underhill faces in civil court from his time as a commissioner from 2014 to 2022.
Two of the lawsuits mentioned in Bear's ethics complaint revolve around a defamation suit against Underhill, which he successfully defended. Underhill then sued Escambia County to reimburse his legal fees, and multiple courts have ordered the county to do just that. The county is still fighting that decision.
The third lawsuit in the complaint concerns Bear's lawsuit against Underhill over Underhill's refusal to fulfill a public records request for his Facebook messages.
Underhill was forced to hand over the messages by a federal court, and the case is now sorting out legal fees. A recently filed recommended order in the case calls for Underhill to reimburse Bear $130,425.50 in attorney's fees for the case. A federal judge will decide whether to adopt or modify that order.
Additionally, Underhill is also in the process of appealing the Ethics Commission's decision last year to find him in violation of the state's ethics law and voted to fine him $35,000 and recommend his removal from office. Underhill's term in office ended before any final decision over his removal was made.
Underhill appealed the Ethics Commission decision to the First District Court of Appeal, and the case is still pending.
More legal problems arose for Underhill last month when Anthony Handler, CEO of Pro Watercross, a personal watercraft racing company, filed a defamation lawsuit against Underhill in Escambia County Circuit Court, alleging Underhill made false comments on a public Facebook page that harmed his business.
This article originally appeared on Pensacola News Journal: Doug Underhill former Escambia commissioner ethic complaint dismissed
