“Florida Bar to Challenge Discipline Ruling Against Lawyer Who Sued DeSantis”

“Florida attorney Daniel Uhlfelder, dressed as the Grim Reaper, walks along the newly reopened beach near Destin on May 1, 2020, protesting the Walton County Commission’s decision to reopen beaches amid the COVID-19 pandemic.”

The Florida Bar announced it will appeal a judge’s disciplinary report involving attorney Daniel Uhlfelder, who faced scrutiny over a lawsuit he filed against Gov. Ron DeSantis.

Last month, the judge overseeing the case recommended that Uhlfelder receive an admonishment from the Florida Supreme Court—the lightest form of professional discipline.

However, on Friday, a Bar attorney submitted a letter indicating plans to ask the high court to review the judge’s findings. It remains unclear whether the Bar may seek harsher sanctions.

A spokesperson for the Florida Bar declined to comment Monday, citing the ongoing litigation.

Uhlfelder’s lawyer, Scott Tozian, expressed disappointment. “In February, it will mark a five-year odyssey for Mr. Uhlfelder,” he said. “Enough is enough. But apparently not for the Florida Bar.”

The disciplinary case stems from a 2020 lawsuit Uhlfelder filed with two other attorneys over concerns that DeSantis failed to close public beaches in the early days of the COVID-19 pandemic.

Uhlfelder, a longtime civil litigation attorney in north Florida, later gained attention for solo protests in which he walked among beachgoers dressed as the Grim Reaper. In 2022, he ran unsuccessfully as a Democratic candidate for Florida attorney general. His lawsuit sought a revised statewide “safer-at-home” order to address beach closures.

Co-counsel William Gautier Kitchen and Marie Mattox helped prepare the case and appeared in court alongside him. A Tallahassee judge ultimately dismissed the lawsuit but encouraged Uhlfelder to appeal.

Months later, a three-judge panel of the 1st District Court of Appeal deemed the appeal frivolous and considered sanctions against the attorneys. One panel member, Adam Tanenbaum, was appointed earlier this month to the Florida Supreme Court by DeSantis. Subsequent communications revealed Kitchen and Mattox distancing themselves from Uhlfelder, stating they had not agreed to the appeal.

A Bar grievance committee later recommended a diversionary program for Kitchen and Mattox. Uhlfelder, however, faced potential suspension. The Bar’s formal 2024 complaint alleged he made “misrepresentations” to the appellate court and included the names of the other two attorneys on the appeal without their consent. Uhlfelder acknowledged that his communication could have been better, but his attorney denied any intentional deception.

The Florida Supreme Court appointed Taylor County Circuit Judge Gregory Stuart Parker as referee to oversee the disciplinary proceedings. During a September hearing, witnesses—including former Florida Supreme Court Justice R. Fred Lewis and Senior U.S. District Judge Donald Middlebrooks—testified to Uhlfelder’s professionalism and high moral character. Parker ultimately recommended that Uhlfelder be admonished and required to take an ethics course.

Tozian called the Bar’s decision to appeal “disturbing” and suggested it likely signals an attempt to pursue a suspension. Under court rules, the Bar has 60 days from the referee’s report to file a formal petition for Supreme Court review.

The Bar’s move comes shortly after a grievance committee declined to discipline former U.S. Rep. Matt Gaetz, who faced a House Ethics Committee investigation finding “substantial evidence” he had sexual contact with a 17-year-old girl and used illegal drugs. Gaetz’s attorney dismissed the report as political and hearsay-based, yet the Bar issued a formal scolding in 2025.