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A prominent ethics lawyer in Florida has asserted that Glen Gilzean, who currently chairs the Florida Commission on Ethics, is in violation of state law due to his simultaneous position as the administrator of a district overseeing Disney World, an entity under the jurisdiction of Governor Ron DeSantis. The legal opinion, authored by Florida Ethics Commission general counsel Steven Zuilkowski and released on Thursday, underscores the potential conflict of interest arising from Gilzean’s dual roles.
The crux of the issue revolves around a Florida state law that explicitly prohibits any member of the ethics commission from holding public employment. Zuilkowski’s legal memo to Gilzean meticulously dissects this legal point, highlighting that Gilzean’s appointment as the administrator of the Central Florida Tourism Oversight District (CFTOD) under DeSantis’ administration qualifies as public employment, thereby casting doubt on his eligibility to continue leading the ethics commission.
Gilzean assumed the role of district administrator for CFTOD in May, drawing a significant annual salary of $400,000. Zuilkowski’s analysis of Gilzean’s employment agreement led him to conclude that this role constitutes public employment, aligning with the state law’s stipulation. This legal perspective casts a shadow over Gilzean’s capacity to remain at the helm of both positions concurrently.
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Governor DeSantis initially appointed Gilzean to the ethics commission in August 2019 to fill a vacancy. Subsequently, Gilzean received reappointments in 2020 and 2022, all of which were confirmed by the Florida Senate. In a unanimous decision during a January 27, 2023 meeting, the commission members elevated Gilzean to the role of Chair, effective from February 1, 2023.
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The Central Florida Tourism Oversight District was established in response to DeSantis’ recommendation, effectively supplanting Disney’s previous self-governing entity, the Reedy Creek Improvement District (RCID). RCID had maintained autonomy since the inception of Disney World in the 1960s. The CFTOD’s board members are appointed by the governor, ensuring a direct connection to DeSantis’ administration.
The Florida Commission on Ethics and CFTOD have not provided formal responses to inquiries seeking clarification on this potential conflict of interest. Similarly, a spokesperson for Governor DeSantis has not issued an immediate response.
This issue came to light through investigative efforts by the Florida Bulldog, an organization dedicated to watchdog journalism. Following the Bulldog’s report, Gilzean sought a legal opinion from Zuilkowski to address the concerns raised.
The Florida Commission on Ethics comprises nine members, each serving two-year terms. Among them, five members are appointed by the governor, with restrictions on the number from the same political party. Additionally, two members are nominated by the president of the state Senate, and the remaining two are appointed by the speaker of the state House of Representatives. The commission’s mandate involves investigating allegations of public trust breach by public officers and employees, positioning itself as a guardian of ethical standards for Florida’s officials.
As stipulated by Florida law, ethics commissioners can be dismissed “for cause” through a majority vote by the governor, president of the Florida Senate, speaker of the Florida House, and the chief justice of the Florida Supreme Court.
The legal opinion presented by Zuilkowski reverberates through Florida’s ethical and legal landscape, raising concerns about the potential conflicts that can arise when individuals hold dual positions within governmental bodies and administrative roles. The implications of this case extend beyond Gilzean’s immediate situation, highlighting the intricate balance between public service, ethical standards, and legal compliance.
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