Former Brevard County Attorney Knox violated the county's lobbying rules he signed off on

Former Brevard County Attorney Scott Knox just became the first person cited for violating the rules governing lobbyists in Brevard that Knox had signed off on when he worked for the county. 

Knox was Brevard County attorney from August 1993 to March 2018. The lobbyist rules were passed by the County Commission in 2017.

Brevard County Manager Frank Abbate on July 26 sent a written warning to Knox, indicating that Knox violated a provision of the county's code of ethics by communicating "with county officials in a manner that was intended to or reasonably be expected to influence the passage, defeat or modification of the agreement" with an affiliate of hotel developer Driftwood Capital.

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At the time of the communications, Knox had not registered with the county as a lobbyist of the affiliate, DAD 1300 N. Atlantic Cocoa LP, as Abbate contends in his July 26 letter was required by the code of ethics. Knox has registered since then.

Knox told FLORIDA TODAY on Monday that he doesn't agree that he should have been required to register as a lobbyist for DAD or Driftwood, because he believes his communications with Tobia on the grant issue were related to legal issues about the contract.

"It's a gray area," open to interpretation, Knox said.

Nevertheless, Knox said he tried to update the list of entities he lobbies with even prior to his communications with Tobia on the Driftwood contract. But Knox said technical issues prevented him from doing so online.

A written warning from the county manager's office is the penalty for the first violation of the county's lobbyist disclosure rules. Subsequent violations would be punishable by a $250 fine for each occurrence.

County officials say this is the first time anyone has been cited under the lobbyist disclosure rules since they were approved nearly five years ago.

Driftwood was seeking County Commission approval for a $30 million grant the company planned to use to market its proposed Westin Cocoa Beach Resort & Spa. The grant of up to $1 million a year for 30 years would be funded by revenue the Westin generates from room rentals there, through the county's 5% tourist development tax on hotel rooms and other short-term rentals.

Commissioners on July 19 approved that grant by a 3-1 vote. County Commission  Chair Kristine Zonka, Vice Chair Curt Smith and Commissioner Rita Pritchett supported the grant, and Commissioner John Tobia voted against it.

It was during that meeting that Tobia raised the issue with Knox about lobbying. Tobia said he had communications with Knox about the project that Tobia felt was lobbying activity. Knox insisted that those communications were in Knox's role as an attorney representing Driftwood, and not as a lobbyist.

Knox by that time had been registered with the county as a lobbyist for other companies, but not for Driftwood or DAD.

Tobia told Knox that it probably would be a good idea to register as a lobbyist in the future when he was representing companies seeking County Commission action, and was having discussion with commissioners, as in the Driftwood case.

"Probably a good idea," Knox responded.

Knox now is listed on the county's database as a lobbyist for DAD 1300 N. Atlantic Cocoa LP.

Knox sent Abbate an email on July 27, letting the county manager know he wanted to add DAD to his list of lobbying clients. And the list now is updated.

Other registered lobbyists for DAD on the County Commission database are former Brevard County Commissioner Robin Fisher and attorney Kendall Moore.

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They are among 46 lobbyists registered with the county.

Tobia, working with staff at his County Commission office, spearheaded the lobbyist disclosure ordinance in 2017. The ordinance also dealt with gifts to county officials; county-funded out-of-state travel by commissioners; and restrictions on lobbying of county officials by commissioners once they leave office. 

As county attorney at the time, Knox would have signed off on the ordinance language before it came to the County Commission for approval on Sept. 19, 2017. Commissioners unanimously approved the measure.

After leaving county employment, Knox took a job as an attorney with the Melbourne law firm of Widerman Malek, specializing in issues related to local government, zoning and property rights.

Dave Berman is business editor at FLORIDA TODAY. Contact Berman at dberman@floridatoday.com. Twitter: @bydaveberman.

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