Should commissioners have to live in the District they represent? WINK Investigates why one commissioner doesn’t

You may have heard the saying that rules were made to be broken. One right in the Florida Constitution is being called into question, and it involves a County Commissioner.

WINK News Reporter Olivia Jean has been digging into a tip she received over a month ago.

Glades County District 1 Commissioner John “Tony” Whidden was elected in 2020 while he was living in District 1, but two years into his term, he moved six miles away into District 4.

When elected, Whidden’s house was on Graham Dairy Road in District 1. He now lives in a house along River Road in District 4.

Mario Miranda, a Glades County resident, noticed the change of address and complained to the state.  

We have laws, we have rules. We have regulations that everybody,
I don’t care who you are. You’re never above the law. Mario Miranda, Glades County

Glades County must abide by the constitution as it is a non-charter county.

The Florida Constitution requires commissioners to live in the district they represent. Article 8, section 1e reads, “One commissioner residing in each district shall be elected as provided by the law.”  When you scroll down to miscellaneous section 3, you’ll see that vacancy in office is defined as a “failure to maintain the residence required when elected or appointed.”

University of Central Florida Political Scientist Aubrey Jewett weighed in on Whidden’s change of address.

“The person must live in the district in which they are elected, and they’re supposed to be living there when they are elected, and they’re supposed to be living there throughout their whole term,” Jewett said. “It’s not just something that’s in the Constitution that’s maybe still questionable, and we haven’t flushed it out. The Constitution requires you to live in the district in which you’re elected.”

WINK News obtained a copy of the Florida Department of Law Enforcement Election Crime Unit’s investigative report as well as other records in response to a public records request. 

The records show FDLE acted on Miranda’s complaint and questioned the three other Glades County Commissioners—Tim Stanley, Jerry Sapp, and Hattie Taylor—the County Attorney, Richard Pringle, and the Supervisor of Elections, Aletris Farnam.

Supervisor Farnam said Whidden came to the Supervisor of Elections office and said he would resign from the Commissioner position, knowing he would not be residing in the district he represented, according to the Election Crime Unit’s investigative report.

Farnam also said the same to WINK News Reporter Olivia Jean. It happened when Whidden came into the office to change his voter registration to his new home in 2023. 

Records show Whidden lost his job and his employee housing in District 1, and an attempt to buy another home there fell through. He ended up at his new home in District 4, which the Glades County property records show is his permanent residence. 

“They’re supposed to be living there when they are elected, and they’re supposed to be living there throughout their whole term,” Jewett said.

Whidden never resigned. Richard Pringle, the County Attorney, told investigators he advised Whidden not to resign but said he “now regrets not referring this matter to the Florida Attorney General’s Office” for clarification on the law. Records show Pringle asked FDLE not to record his interview. 

When we called Pringle, he told us he had “no comment.” We also attempted multiple times to contact June Fisher, the Glades County Manager. She never responded.

We also called Whidden, who said, “In my opinion, there’s nothing wrong.” The commissioner also said he has been advised by an attorney and referred us to him.

Whidden’s attorney, Steve Ramunni, said it was a unique case but would not comment further when asking why.

We also contacted all of the other current Glades County Commissioners, who all decided not to comment. 

FDLE sent its investigation to the State Attorney’s office, which concluded that the District 1 seat is now considered vacant. 

Amira Fox’s office found that no crime was committed but added, “While other parties may take legal action against Commissioner Tony Whidden, the Office of the State Attorney is neither obligated nor authorized to handle any civil action regarding residency issues.”

WINK News pressed the State Attorney’s office about its conclusion that Whidden should not be charged. Chief Assistant State Attorney Richard Monteclavo answered our questions.

• Q. How is a violation of the Florida Constitution not a criminal action, especially when it is an elected official bound by the Constitution? Can someone explain this?
• A. “You are confused between the intent of a constitution and the intent of a statute.  A constitution is a statement of ideals and a framework which defines the rights of citizens, the limitations of government, and the structure of government.  The Florida  Constitution is exactly that kind of statement.  There are NO criminal punishments provided for in the Florida Constitution.  The Florida Legislature is empowered  by the Florida Constitution to define the criminal law by passing criminal statutes.  As indicated in our memorandum, there are NO criminal statutes that have been violated by Tony Whidden.  As the Constitution also points out, the power of a State Attorney is to ensure that the criminal laws of this state are faithfully enforced.  When there are NO criminal statutes in violation, the State Attorney loses jurisdiction.”
• Q. If Commissioner Whidden is not responsible for this, who is? The Glades County Commissioners? 
• A. “I would direct you to the Glades County Manager.”
• Q. In the conclusion, it mentions, “While other parties may take legal action against Commissioner Tony Whidden, the Office of the State Attorney is neither obligated nor authorized to handle any civil action regarding residency issues. No charges will be filed.” Has the State Attorney’s office referred this investigation to anyone? 
• A. The State Attorney’s Office has closed its investigation.  It is in the public domain. We cannot compel any governmental entity, Commission, or member of the public to act on the information.    

The State Attorney’s Office told WINK News that no criminal punishments are provided for in the constitution, stating that it is the legislature’s job to pass criminal statutes for the State Attorney’s office to enforce. 

According to the Supervisor of Elections, Whidden told Commissioners he is not seeking reelection this summer.