Miami Beach Commissioner David Suarez may soon come under state scrutiny after a longtime resident-activist accused him of using his public office to sway voters in an ongoing election.

If proven, it could amount to a criminal violation under Florida law.

The complaints, filed last week with both the Florida Elections Commission and Florida Commission on Ethics, cite Suarez’s public attacks on fellow Commissioner Laura Dominguez, who is seeking re-election this year.

Miami Beach resident Jo Manning, in her complaints filed Sept. 17 and 18, alleged that Suarez crossed a legal line when he used the city’s official seal and government letterhead in communications criticizing Dominguez and her City Hall conduct.

Manning’s filing points to an email Suarez sent Sept. 9 that featured the city seal and the words “Office of the Mayor and Commission.” The bottom of the email said, “Paid for by David Suarez, Miami Beach Commissioner Group 5.” Suarez posted similar content in a series of Facebook posts on Sept. 14 that linked to the email.

In his communications, Suarez laid out what he described as a pattern of “pay-for-play” activity, accusing Dominguez of accepting campaign contributions from developers around the same time she sponsored legislation favorable to them.

He named several donors who he said benefited from measures she sponsored, including the owners of The Standard hotel, board members of the Belle Island Residents Association, owners of the Deauville Beach Resort, and since-disgraced developer Rishi Kapoor.

Calling Dominguez’s record “hypocrisy at its finest,” Suarez said she broke campaign promises to guard neighborhoods from overdevelopment.

“I do not take lightly to speaking out against a colleague, but the scope of developer and lobbyist contributions to Commissioner Laura Dominguez’s re-election campaign — and legislation she has sponsored — cannot be ignored,” he wrote. “We deserve elected officials who actually put residents first, who fight for honesty, transparency, and who will not sell out their own neighborhood to the highest bidder. This election is about breaking the cycle.”

In her complaints, Manning argued that the language Suarez used “is clearly intended to influence the upcoming election,” including lines such as, “Miami Beach cannot afford four more years.” She said Suarez’s use of official city branding gave his messages “an appearance of authenticity and credibility,” leading recipients to believe it was sanctioned by Miami Beach’s government.

Manning referenced several state statutes, including one prohibiting public officials from using their office for personal benefit and two others that outline campaign spending strictures. She noted that by including a disclaimer in his post that read, “Paid for by David Suarez, Miami Beach Commissioner Group 5,” he indicated he was making a campaign expenditure and must therefore follow state laws governing such spending.

Suarez was elected in 2023, isn’t up for re-election until 2027, and isn’t actively campaigning.

The most punitive law, which Manning cited in her Elections Commission complaint, is Florida Statute 104.31. It bars public officials and employees from using their authority to influence or interfere with an election or the nomination of a public officer.

Violating that statute is a first-degree misdemeanor, punishable by up to one year in jail and up to $1,000 in fines.

Manning, a vocal presence in Miami Beach politics, said she has known Suarez for years. She told Florida Politics she first encountered him when he rented a unit in her condo building years ago. Later, she said, he misattributed a quote to her in a homeowners association letter, for which he apologized.

Their relationship soured further when Suarez, a former Republican and current Independent Party member, ran for the Commission against her friend, activist and hotel owner Mitch Novak.

“Suarez, in my opinion, is not a good person. He says things he shouldn’t. He smears other people,” she said. “He has smeared Laura Dominguez like crazy, and people have to speak out.”

Manning, a Democrat, previously took on Republican Rep. Fabián Basabe when he briefly ran for the Miami Beach Commission. Ahead of the 2021 election, she successfully sued Basabe, contending that he did not meet the city’s one-year residency requirement.

Basabe was ultimately disqualified as a candidate, leading to the re-election of then-Commissioner Mark Samuelian, Dominguez’s late partner, whom she replaced in the dais.

Manning’s lawyer in the case was former Rep. J.C. Planas, who also served as Samuelian’s campaign attorney.

Basabe recently circulated a video clip that he alleged showed Dominguez urging developers to fund political mailers ahead of the city’s election this year. He called for criminal and civil investigations.

Dominguez countered that the full recording showed her comments were misrepresented and accused Basabe of trying to tarnish her reputation. The full video, which Florida Politics published, shows that Dominguez’s remarks were part of a broader conversation about a possible ballot referendum, not a directive to manipulate voters.

The Florida Commission on Ethics and Elections Commission will separately review the complaints to determine whether they warrant a formal investigation. If probable cause is found, Suarez could face fines or prosecution.

Florida Politics contacted Suarez for comment Wednesday evening. He said he was unaware of any complaint filed against him.

“The bigger story here is that Commissioner Dominguez receives campaign contributions from developers and lobbyists, then turns around sponsoring their legislation and votes in favor, in what appears to be a simple pay-for-play scheme,” he said Thursday, after viewing the ethics complaint. “Don’t take my word for it, the public records have all the receipts.”

Dominguez faces one challenger: Fred Karlton, a 65-year-old real estate investor who is registered with the Independent Party. Another candidate, Democrat Robert Novo, dropped out of the race last week after Dominguez’s campaign successfully challenged his residency bona fides.

Novo’s last government job was as a legislative aide to Basabe.

Other races on the ballot include a two-way contest between Meiner and City Commissioner Kristen Rosen Gonzalez for Mayor, a seven-way contest for Rosen Gonzalez’s Group 1 seat and a head-to-head matchup between Group 3 Commissioner Alex Fernandez and his lone challenger, Luidgi Mary.

Meiner has no party affiliation. Gonzalez and Fernandez are Democrats. Mary is a Republican.

The city’s elections are nonpartisan.

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Editor’s note: This report was updated to include a statement from Suarez.

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