4 18026 Report of Investigation

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REPORT
OF
INVESTIGATION

Consolidated Complaint Number 18-026

OTICE CONCERNING CONFIDENTIALITY

‘This report of fnvesCgation concerns an aileged violation of Chepter 112, Part Ml, Florida
Statutes, or other breach of public trust under provisions of Article Section 8, Florida
Constitution, ‘The Report ancl wny exhibits may be confidential (exempt From the public
ecards law pursuant to Section 112,324, Florida Statites, and Chapter 34-5, F-A.C., the
rules of the Conwissien on Ethics. Uniess the Respandant has waived the confidentialey in
writing, this resort will remain confidential Will ane of the following eccurs: [1] the
complaint is dismissed by the Commission; (2) the Comrasson finde sitficient evidence 3
Corder a publi hearing; or (3} the Commission ardars a publ report aya final disposition of
the matter
STATE OF FLORIDA
COMMISSION ON ETHICS
Post Office Drawer 15709
Tallahassee, Florida 32317-5709

REPORT OF INVESTIGATION

TITLE: KIMBERLEY DANIELS
Former City Council Memiber/Member Ftorlda
Hause of Representatives - District 14
Jacksonville, Florida

18-026
Exhibits 4 through H

cabot {Boab

‘A. Keith Powell

Distribution: ‘Commission on Ethics
Respondent
Advocate
File

Releasing Authority: Bi Suntec
Brecutive Director

Pl2N8

Date
REPORT OF INVESTIGATION
COMPLAINT NO. 18-026

(1) Mf. Robert L. Fall of Jackson Te alleges that Ms. Riunberly Danis, while serving as
amember of the Facksonsille Cizy Coun, fled To disclose ull of Ber assets and lai tis on
er Ck tor: 6. Full ane Pub Disclose of Tinsreial interests, forthe seats 2012, 2013,
and 2014,

@) The Tixccutive Director of che Commission on Pehies noted thet basal upon tke
information provided in the complaint, the chovo-refereaced allegation was sufticiey to
warn a pretiminary vestigation to dotermine: whethcr the Respoudet's avtious violatst
-Aslicle Tl, Section &. Plorida Constiution, aud Seation 113.8144. Florida Statutes (Ea and
Public Disclosure of Financial Interes

Fe Cucaptninane alleges thatthe Respondent failed lo disclose assets and Lisilties,
and specifically alleges that she owes approximately § 1,000,000 ju inuxtgages oo prepecti¢s in
Broward and Tvel counties, He alo alleyes tha sie purchased time-shace propertios 21
Dastona Beach and Orlando and fled 70 dinelose these liubili¥es aed wasers on ser 2012,
2013, and 2014 finuncial disclosure forms,

(2) These sun allegatians were previously filed by the Cou:plainunt ou May 16. 2015,
sninst the Respondent and in 2016 investigated undee Complaint No. 15-113, A Report of
lnvestigation was prepared ia thal ense and the Advocate reeamesended a fiading of probable
vause i believe the Respnrceent vieluel Article II, Section 8, Clarida Constituon, aud

ction 1123244, florida Stetctes, by fiting inaccurale CT Foun 4's, "eull and Public
Disclosure of Piaxveial Lmerests," for fling vears 2012, 2013, md 4. On Angust 2, 2017,
the Coramission «an Ties adopied the Advocac's Recomendatim finds probable cause
and the matter was trunsmvitted (0 the Depwnteacut of Administrative Hearings on October 17.
2017, On November 7, 2017, Respondents theu-couasel, James TK, Brmwer, Bd a
"Motion 1 Dismiss or Mation in Limue [sivj" in this matter and the Advocate jeined
Respondent's counsel om November [4, 2017, it a cin: Motiim to Relinyeish Torisdiction
Marsuant to Section 120.57(1Mi). Hlavina Statutes,” asle-it wes determined thar the eermplaint
flee auainst the Respondent vias tiled within 30 days of un eleetion (May 19, 2015) in which
the Respondent wns a candidute. On January 19, 2018, the Conmuission om Tthics issued
"Onder Dismissing Cocaplait” in Complaint Ne. 15-113, pursuant #0 Sostioa M2243},
Florida Statutes, because thc Commission lacked jurisiotion in tho mater hased on die
tiruing of the Filing of the esmplai

(5) “the insta compat, 18-026. way lea Kebsury 12, 2018 by Mr, Tall
incorporating his prior complaint in 13-113,

(} ‘The Respondent is represcuted in this matic: by Mr. Ron Meyer! Hewever, at the eine
she was interviewed for Complaint No, 15-113, the Respandend was ropmevented by Me. Minle
Herren, Mr, Meyer advised ly telephone that Ure Respondent winhed to tely cm the previous
svalenient ste provisled in 2016 to the Commissica om Tehies a Comsat No. 15-113 tather
(han subst to a new interviow in reference to thistle.
(2) The Responders, intersiewenl-n 2016 in the presures of her thomaltemey, Mack
Merron, staged that she was» City Councit At-Large Group ascuuher fox the City of
Jeckoonville fon 2011 through 2015, However. shen louge: serves in this pesitton, At the
ime ol ker interview she ws a candidate for the Tlorida Blonse sit Reprcsoatatives, D’strie,
14, to which se subsequently was elec ond cassinues in serve prenently,

8) Lae Respumdent sated in 2016 shat se i the founder und President of the Spoksa.
Word Miristris, Ine., a church, The Respondent stated thal she also is the President of
Kimberly Daniels Ministries Ietsmueional, ia., waich she: described #s «m "entity of Spoke
Werd Ministre.” “The Reqondent advised that Keraberly Danicls Minishics laternafioual is
feared towant cutresca, evungelia, and asiseions, Sav aiklel that the Spoken Word
Ministries receives all the ineowe yiven to bath enliies. the Respemelcat noted that site has
"x Jat oi waihority* as a member of the Spoken Wont Ministries seard of dirsunsts. which
‘eversees all ucivitss of lie churel,

(9h ‘The Responclené Further atvived #4 2016 that she was involved £n ao othe businesses
storing 2012 through 2014, her thas a boutique, whieh was uot pritasle and "never got oT
fhe ground" As of Devember 31, 2014, ihe Respondent's CE Horta 6 valuation dato, the
boutiuus had bee eissolved aveonting to the Flovida Depurtment of Slaze, Division of
Corporations, Records reflect that the eompeny wast ineorporsted. im January 17, 2014, und
dissolved um Octaber 21, 2014,

110) _Dafsision a? Corporations: dneumenis refeut thse Spuken Word Minisies, Lac, is a
ao-lovprofit corporation, incoeporuied in 1998, amd Kimberly Daniele Minisnior
tntscuationtl, Ine, is a wol-firpcafitinvorprrsted in 2004, Path eal “ist “he Respondent
as President, The documents reflect that Spoken Won Minstries has eighl comorate ulFects
Including che Respondent, aud Kimbusly Daniel Ministries Internationa: but six corpunate
ollivers meluaing the Respimdeut. The enttcs share five ofthe came corporate offcats,

(1) the Repoudsut's CF Pons 6. Full and Polie Disulwsare of Firancial Interexs, tor
Ming yoars 2012. 2013, and 2014, are appended us Composite Fabibit A. The forms de not
sefleot uny uno-share or ter] property ussots or any momigage liabilities,

£2) Dusai and #rowand County Property Appraiser’: OHige documents scflect that the
following propentics wore owed by Kimberly Danils, Kimberly Daniels Ministi, snd
Spoken Word Ministries during 2012, 2013, and 2014:

Property owed by Kimberly Daniets:
«9197 Camsbire Dive, facksomvlle, Florida.

Properties owned by Kimber): Doniols Minisries
© 121 Schvoncr Key Place, Jeegsonville, Florida

Praperties pymed by Spoken Word Ministries
© 2819 Vint Aveoue, Jacksonville, Florida
+ 1445 Stocle Street, Jecksouville, Petida
© Moneriel Road, Jacksonville, tlotida

© Woucrief Rous, Tneksouville, lov.
#5638 Moncrief Rouil, Jacksonville, Horida
© 105th Strost, Jacksumville, Hocida

+ 11881 Pecadilly P'aee, Davi, Flotida

(IR “The Respondect stated in 2616 tr she lives al 121 Schoouer Key Plave, which is a
pavonage ownell ky Spotsen Ward Misiauies. As pastor of the church, the Respondent sal
she had no assets or Hisbilties im her name during 2012 through 2014. She added Da sho
ilizes a vehicle os neal by bo sister.

(14) “The Respondsut reluteil in 2976 that she as nover mathe moVtpaye sayments for the
properties roferensed in the complaint. noting that tke elmech makes all “he payments. The
Rospurden¢ confirmed thar she is ene of the mortage guaranters lor the church, explaining,
thet lone compass ate hesitané to prant Inns to chuwches because churches mcy dissolve at
uy fms, ‘She ued that she has beau a guarantor for the church for ove 20-yeats, nd thal
arrenily the church hes tive ather guatanlirs for ils “iabiltes. The Reaprmdcnt
acknowletged that as geuranfor. if the chorch failed be make payments for any property. aie
would be raporsible for waking the payments herselt, ond her credit rating would he ae tl
She ndded thot the chuveh tas aever fated tu make Jos payments, She stated that the ebnach
Luss nat dlefoulted om any of the properties,

(18) The Respondent related that che church pays the premio For bor $1 lion tite
imurance policy That che disutoned in her CG Tor 6 or the yeuts 2002 thrangh 2014. She
explained that the church maintains the life inwurance policy — where the slozch fs the
benvliciary — heause she isthe "face" ofthe chucch, und her death vould alleel the cturch's
Finauces,

(16) The Respanelent confirmed in 2016 that the Spoken Word Ministties has owned me
shaves in Ortando aad in Daytoua Beach wince 20U2 ar 2503, Ihe Respondent stale

‘Yos, the church ovwus the tinte-shares, but wo've deme huge coalerenses with
like 16,000 peopls end we've had to hous, Tancaa, fir Fgtcng, and speaker
loventy speaker. We got the sime-shares £0 when we did these conferences in
the sre wo could get the fooms at economical rare, ... Taree timeshares,
two in Orteudo, eri ame in Dastema. . , ‘The chure’s pays che bills [tbe
‘umo-shares}.

17) Accenting to Gayle Anderson, Owner Relaians Cerrespondencs: anager ut Wesigute
Resons, the Responclent unt her shoatushamd, not Spoken Word Ministecs, purchased the
Orlando time-share Ms. Anderson stated hy iclephone in 20165 that the owneisicp terms ane
lier every even year. Ms. Anderson relate that the Respoadent andl het tormer isband have
‘owned the time-share property since 1999, ‘She addel tha, 19 the ext of her knowlodue, the
Responders and her ‘raver husband owned the tieee-shere conlinuocsty duting 2012 and
2M, She udvised that this time-shane sway valucel at $74,240 ding 2002, and §13,54¢1
duving 2014 (Exit B), Ms, Anderson related that the Respondent had na maintenance fee
bt at che cud of 2012 shat exccoded $1,000, but sede Nee a debt of $1,197.41 ae the end:
fof 214, for maintenance fees owed to Westgate Resorts related to her the timo-shece
ownership. Recotds reflec tht Ie margage was satisliod in Cletoher 2000

(18) Bonjacsin La Euvere. In-House Counvel for Dismisad Resorts Iniemaiousl, provide
in 2016 9 document {appended as Exhibic C) which lists Kimberly Daniels und her former
Tushond Ardell Danicls as cuners of w tine-shace gud Spukin Word Minisiien as tae
secondary ‘lle awn, Eschbil C relleos >hat the property ia Dytoma aotch sa» purchased
fom August 26. 2001, for 811,650. Me. La Laveme stated by c-wcal: Unal Kimberly and Ardell
Tianiels have owned, since 2001.4 deeded timesfare intent 19 coadomnium in the resort
knee as T/Ki Likt Village Resort (Isle of Bali ll}, a Daylona Reach propery managed by
Diamond Resim,

19} Gooupeta Qaviu Aguiar, Paralegal with Wyndhina Worldwtde Comoration, provided
in 2018 doeumeres (Compendite Ptib:t D) related i the puruhuse of a vacatimm ownership
interest in a irveshave at Factield Daytona Beach at Ooeaa Walk TI, for occtoaney in odd
ambered years. The Purchase and Sale Agreement, dated Apel 25, 2004, reflocts a vale
prive of $11,200, and is betwen Faistcld Resorts, in. and "Kimberly Daniels DBA. Spoken
Word Ministics." AU documents pertaining to this puctuse, including che mrigage, whitch
‘os salislied in 2008. ane signed by the Responsisut “Kimuberly Bumiels," over the priate
raute "Kimberly Daniels DBA Spoken Werd Ministries.”

(20) Ms. Agurar provided! documents (Composite Exhibit T) rslated to the purchase of a
‘vacation owner interest it 4 second me-sharo a¢ Fairlie Dayisma Bach st Ocean Walk
UW. “This Puclase and Sale Ap-oomen: is date April 29, 2005, aad reflects a sale psice a”
575,200, and is between Tuiteld Kesoms. Inc., snd "Spoken Wotd Minintics Kimberly
Dutiels & Ardell Deri." The Purchase aud Sale Agreement, ay well as the Promissory
Note, Contuct Acklerdm, Statement a? Tnderstandiga, Assignment Agrocanent and Use
Restriction, are signed hy the Respondent ax "Kimberly Dauiels.” «ver the printed name
“Rimmberly Daniels.”

(2) Micki Richmoud, Manager ef the T'tle Services Depactmeat with Wyndham Vocation
‘Ownership, Ine, stuted by telephone in 2016 thir the above-rcficenved Pytekase and Sale
Agoement datoe April 29, 2005, applies as anal oumserhin, ceaciap ast os every odd or
even numbsted year. Ms. Richmond explsiaad that the Reiprmdert’s coatiauts we for poll
‘ownership, and fat for che April 25, 2004, contract, ube Respsslent reecives 77.000 paints
‘very eld numbered yout, end 308,000 poinis amustly tor tae Aprit 29, 2005, cowleuel. Ws
KRiclmmond further explained that she is amit able mo deteamine how svany thne-sliaces the
Respondent wonle buve acvess to boesuse it varies greatly in points accardig us Toeatiog, and
me of the yea: Ms. Richoind uddod that typically she wlal points avaeded are yesnly aad
da tot sollenver. “Vis, Riéchinond related teat fio Respondent awed fhe timne-staren ding
2012, 2013, and 2014, and continues lo ws the uime-shares. Ms. Richmend stated Chal in
2007. the Respondent allempted 10 trauste ttle wo Spoke» Ward Ministries Urromgh qaitlaim
sls, oe quitelaim deed for each of the To time-shure eomtacts, but they ‘were tot valid
vite oan "insafciont Jaya description” of the properties. Ms. Riekmond stated that tae
Respoudedt was nol infowtal thet the quiclaim deals were Znvalaf until the Respouden's
account went info Zorevlosure bewause she Jnled to pay fhe maintenance fees, that aeitelain,
‘manater ‘seo was comnumizatod to the Respondent lu tune 2016. Vis Richmoud sisted that
tke Respeidenr fled auother quitelsin der toe each of the two timesdhaces on Tune 30. 20)
which hal iosuciert legal descriptions ef the ywopcitiss ax well, and wese rajoctal ag
insu

According to Wyndham cocuments, che Responudert iucnutel dobis excceding 81,000
during 2012, 7613, und 2014 tor not paying maiatenunce toes related ls timeshare nership
CBshidie 1, with the wound debt end lal: foes lotaling $11,160.38 in 2014,

€23) | Tivcaaients pertaining to the Ressoulen' mattal dissolution vcge pravided in 2016
by former otfomey for Ms. Daniels, Richamt Greenberg (Enh! G) who iaialy represented
te Respondent in Crse 15-113. “the judgement. dated May 3. 2016, iy styted "hn re" the
‘Mariage of Ardell Daniels, Pattoner‘Ensband. and Kimberly Danicls, Respondent amd
Spoken Wond Ministies, Ina, ‘hind Party Dependeut.” The wart! setlement sgresmieat
reflccts that che pmupenty located a¢ 1188: Piocudilly Pace, Davie, Clotida, i ownel oy
Spoken Won! Ministries, Lhe ugrocmené sates til all partien ayrze thal the home would
sold and the proeseds from the sale dviden, with the Respondent's insband accaiving, 75
Perveot and the Respondent 25 percent IFxhibil G4). Thi wzteenrert also ‘ndieaces hat the
parties agreod tne the home ut 9197 Camshize Drive in Jackxmeitle whuig be sold, with the
‘nashand receiving 100 prrecot uf the proceed after payot of a line of ere, ‘The agteciment
further inclicutes that Spuiken Word Ministries would maintain possessiim nf the Camshire
Duive property until it is sold and Spokea Wort would muke the tmonthlyy payrouls on the
Tine of erat etcbit G-4), The agioer'ent indicates tata Wel's Fargo hime equity loon “e
Kimbet!y Danicls ant Aracll Dunicls would be selimmced by the Respondent within 130
br husband's nate from the linbility, or he jwoperty rebut he gold (Fithibil
G9. Tae agreement states that the Respondent's tusband would own Use timeshares a
‘Westgate Resorts jr Orlando, andl Diamnd Rosurts snd Ocean Walk in Daytona Beachy wie
any other tne-shates listed ia the Respondent's or the vompotation’s mauve (T-bibi. G-9)

Note: Wells Fatyn dic aot respond in 2016 to annleiple requests - anda subpoena ~ tor
‘eords related tthe loan. Duval County Clerk ul Couns recom tffest cat the Respondent
and her hushund toceived a boime equity Tine of credit on the Camshire Drive prapery tiem
‘Wachovia Burk (hefore it merged with Welus Fargo) in 2008 of up a $104,000 (Exhibit Hb,

Ay The Respondent's Giamnet husband, Aroeli Daniels, liste in 2016 9 Wells Fates home
egatty linea eredt a a Vability om his Updated Kaeity Law Cinanclal A(fdavie (Short Form)
uted April 25, G16 (exhibit G-18), Ho identifies the amonat owed as $101,653.31, The
Respmdent’s divorce as Final in 208

END OF REPORT OF PRE:

TNARY INVESTIGATION

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