County officials are reviewing how discretionary public funds are distributed to private and religious organizations, raising constitutional concerns about the use of taxpayer money for events such as church revivals, galas, and youth sports tournaments.
During Thursday’s commission meeting, County Clerk Pam Childers announced an immediate pause on such expenditures, citing potential violations of the Florida Constitution and growing legal scrutiny at the state and federal levels.
“I began reviewing the use of commissioners’ discretionary funds,” Childers said. “Taxpayers’ dollars must be spent in a manner that is consistent with Article 7 of the Florida Constitution, which requires a lawful county public purpose.”
The discretionary funds, which include $50,000 annually per commissioner, are part of the county’s general fund. These funds are often used to support local community events, schools, and churches.
“The public purpose for discretionary expenditures is not obvious when you allocate to private galas, picnics, benefits, church revivals, school softball teams, and golf tournaments,” Childers continued. “Looking at this a different way, taxpayers do not pay taxes for the county to make donations to private organizations of their choosing to enhance the mission of that organization. Also, there is a specific prohibition in Article 1 of the Florida Constitution preventing revenue from being taken from the public treasury to aid any church or religious denomination. If the commissioners want to support those organizations, a personal contribution is more appropriate.”
Childers told commissioners she will hold all discretionary funding requests until her legal review is complete.
Broader Legal Concerns
Several commissioners said they were surprised by the review and noted that the practice had gone on for years. Still, Childers acknowledged growing concerns nationwide about the separation of church and state and accountability in public spending.
“There are things that are changing,” Childers said. “There are opinions being made. There are decisions being made at the federal level and state level. I think we need to look at this.”
This refers to recent moves by federal agencies and state governments to more strictly enforce the First Amendment’s Establishment Clause, which prohibits public funding or endorsement of religion. One example is Oklahoma's attempt to block a publicly funded religious charter school, arguing that funding the school would violate constitutional limits on church-state separation.
Commissioners Respond
Some commissioners defended the donations, saying the funds often support underserved communities and meet essential needs.
“It’s not like we’re giving out millions of dollars,” District 3 Commissioner Lumon May said. “If I’m helping the Washington basketball team go to the state championship because the school district doesn’t give those kids any money, to me that’s a common good. But I want to know the legal position. Is it not a common good to feed people? Is it not a common good to buy hamburgers and hot dogs for children in the inner city who don’t have food to eat?”
But Childers said that intent alone isn’t enough. Each expenditure must be tied to a clearly defined and measurable public purpose.
“You can’t just say it’s a public purpose and, voila, it is,” Childers said. “You have to state what it is.”
What’s Next
The county attorney and staff have been asked by Commissioner Chair Mike Kohler to create a clearer policy — possibly including a standard form to justify spending requests.
Commissioners requested guidance on how to proceed without violating state or federal law.
“If we’re doing it wrong, then let’s stop,” May said.
Childers said she welcomed further discussion and collaboration with staff and the board.
“This is a really good time to look at this,” she said. “I just wanted to talk to you collectively to tell you what I was doing."
Childers noted she expects to issue a report by May 2025.
