KISSIMMEE, Fla. (FNN NEWS) – A recent Facebook post, intended to attack Andrew Jeng‘s residency qualification to run for Kissimmee City Commission, Seat 2, has led to an explosive finding of falsified documents involving Notaries Public in his opponent Felix Ortiz‘s residency qualification.

Felix Ortiz is the general manager of Three Sisters Speakeasy in Downtown Kissimmee. Andrew Jeng is an entrepreneur who owns a tech franchise with over 30 locations.

NOTARIES UNDER THE MICROSCOPE

Many candidates have been disqualified for mistakes and criminal acts by Notaries Public. All it takes is one wrong date, incorrect phrase, incomplete notarization (i.e. missing stamp, etc.) or potential conflict of interest to nullify a required document–and a person’s candidacy. The National Notary Association admonishes that Notaries Public face immense pressure during elections to notarize high volumes of documents with tight deadlines, which can lead to mistakes or lead to a Notary Public cutting corners by falsifying documents or having a personal interest to help a candidate qualify.

One example involved incumbent Florida House Representative Reggie Fullwood in Jacksonville. The National Notary Association’s blog reported that during the 2014 midterm election, he had a document notarized, but the Notary Public failed to sign the jurat on the required document. Representative Fullwood then completed the paperwork a second time and notarized by a second Notary Public, but according to the article, “the second Notary had not marked the space saying how the politician had been identified,” causing Fullwood to miss the qualification deadline. Because he was running unopposed, this cost the State over $200,000 to run a special election for the mistakes of two different Notaries Public.

One of the most recent examples of this is disqualified 2018 Florida House candidate Thomas “Pat” O’Neill, whose financial disclosure–which was required for qualification–was missing the Notary Public’s seal, according to FLORIDA TODAY.

In August, a Notary Public’s actions resulted in the arrest both her and the candidate, who was running for sheriff. The Daily Gazette reported that Kirsten Lemire, a Notary Public hired by James Glorioso Jr.’s campaign for Montgomery County sheriff, was arrested on Thursday, August 23, 2018 by New York State police for offering to file a false instrument, which is a class E felony. Glorioso was petitioning to be added to the ballot and hired Lemire to notarize the 42 signatures he collected (34 were needed for him to be in the primary). He was also arrested Tuesday, August 28, 2018 under the same charge.

DID KISSIMMEE COMMISSIONERS DROP THE BALL?

(l-r): Kissimmee Commissioner Olga Gonzalez, Vice Mayor Wanda Rentas, Mayor Jose Alvarez, Commissioner Jim Fisher, Commissioner Angela Eady. Photo credit: City of Kissimmee.

It appears the City Attorney and the City Commission failed to thoroughly verify notarized affidavits and a questionable lease agreement in Felix Ortiz’s exhibits, presented to the City Commission by his attorney, Jose Olivera, despite detailed notifications from City Staff and the Osceola County Supervisor of Elections Office.

WHAT LED TO FNN NEWS’ INVESTIGATION

On October 18, Facebook user Gipper Nagaer posted screenshots of Andrew Jeng’s donation to U.S. Congressman Darren Soto’s campaign from an Orlando address and raised the question of whether Jeng has been living and voting in Orange County the whole time while also leveling the accusation that Jeng has been buying his endorsements.

Nagaer also highlighted a donation Jeng made to Commissioner Angela Eady’s campaign.

Commissioner Eady replied directly.

FNN NEWS INVESTIGATES

Florida National News consequently looked deeper into Nagaer’s question of Jeng’s Kissimmee residency and found that both candidates, Jeng and Ortiz, had residential discrepancies in their candidacy application process. Both candidates stood before the Kissimmee City Commission–Ortiz was the only candidate to appear with an attorney–in a special City Commission meeting on June 26, 2018 to address the discrepancies.

The Kissimmee City Commission held a special meeting on June 26, 2018 to determine if Felix Ortiz and Andrew Jeng qualify to run for Kissimmee City Commission, Seat 2. Source: City of Kissimmee.

Florida National News obtained a certified copy of the 115-page meeting minutes from the Kissimmee City Clerk’s Office.

JENG’S QUESTIONABLE RESIDENTIAL QUALIFICATION

Photo credit: Andrew Jeng

According to the minutes (pages 2 and 3), Jeng’s discrepancy arose from not updating the address on his driver’s license. When Mayor Jose Alvarez asked why Jeng took so long to make the change, Jeng stated that he was not aware that he needed to update his license within ten days after updating his address and was never notified to do so. The Commissioners told him to get a copy of the Florida Driver’s Handbook and familiarize himself with it.

Concerning the residential address, he explained to the Kissimmee City Commission, and to Florida National News in a recent interview, that he owns multiple homes, including one in Kissimmee. He changed his residency to the Kissimmee address within the prescribed timeframe to ensure valid candidacy (a year prior to the qualification deadline). Jeng updated his address in June 2017. However, he hadn’t updated his driver’s license at that same time. That notwithstanding, Kissimmee City Attorney Don Smallwood stressed the importance that compliance with election law was the focus of the meeting, and therefore Kissimmee Commissioner Wanda Rentas moved to approve Jeng’s candidacy, seconded by Commissioner Olga Gonzalez.

In the discussion thread of Nagaer’s post, a voter mentioned that Jeng would be allowed to change his address once elected, but Commissioner Rentas replied to clarify the requirement.

ORTIZ’S QUESTIONABLE RESIDENTIAL QUALIFICATION

Commissioner Jim Fisher questioned Ortiz’s residential qualification because he also had multiple residences. Prior to running in this election, he was a resident in Osceola County, outside of Kissimmee city limits, before updating his records to a Kissimmee address. Commissioner Fisher asked Ortiz if his name was on the deed with his wife for that property. Exhibit 6 (on page 57 of the meeting minutes) is a general affidavit signed by Ortiz’s wife, Itza Nadal, on May 8, 2018 stating his new Kissimmee residential address as of March 2018, which was notarized by Marcos Diego Marrero, who is also Ortiz’s campaign manager.

Marrero’s notarization of any documents pertaining to Ortiz’s candidacy presents a potential conflict of interest since he stood to benefit as Ortiz’s campaign manager.

Since the March 2018 date was beyond the one-year residency requirement, Nadal had to sign a second affidavit stating that Ortiz’s address actually changed in March of 2017 (Exhibit 15). It appears she was out of the country at the time that she issued this affidavit and had it notarized by a Notary Public in Colombia, Efrain Vargas Mena, on June 25, 2018–one day before the special Kissimmee City Commission meeting (June 26, 2018).

FRAUDULENT NOTARIZATION IN ORTIZ’S RESIDENTIAL QUALIFICATION

This is the signature page of Felix Ortiz’s rental agreement meant to prove his Kissimmee residence for qualification, signed on March 15, 2016. Susan E. Rogers’s notarization is signed March 22, 2016, but she was not a commissioned Notary Public at that time. Source: City of Kissimmee.

The notarization of Ortiz’s Rental Agreement (Exhibit 8), the document needed to prove his Kissimmee residency qualification, points to fraud. Notary Public Susan E. Rogers issued a handwritten acknowledgement on the agreement’s signature page stating that Ortiz and the property’s landlord was before her on March 22, 2016, one full week after the agreement was signed (March 15, 2016). However, according to the Florida Notary Public database, Rogers was not commissioned as a Notary Public for the State of Florida until April 15, 2016, making her notarization of the rental agreement null and void.

Section 117.105 of the Florida Statutes states, “A notary public who falsely or fraudulently takes an acknowledgment of an instrument as a notary public or who falsely or fraudulently makes a certificate as a notary public or who falsely takes or receives an acknowledgment of the signature on a written instrument is guilty of a felony of the third degree…”

These issues notwithstanding, Commissioner Rentas again motioned to approve Ortiz, seconded by Commissioner Gonzalez and Mayor Alvarez.

WHAT’S NEXT?

Florida National News has reached out to Mayor Alvarez and the Kissimmee City Commissioners Jim Fisher, Wanda Rentas, Angela Eady and Olga Gonzalez for comment and is currently awaiting their response. We also reached out to Ortiz, whose campaign manager Marrero said that he would contact their attorney for a response.

We contacted Jeng for comment and learned that he reached out to Kissimmee City Attorney Smallwood about the fraudulent notarization presented by Ortiz. “It’s astonishing that individuals would try to game the system in order to get what they want by any means necessary,” Jeng told Florida National News. He added that he will consult with an attorney and wants the responsible parties held accountable to the fullest extent of the law.

Jeng and Ortiz are on the ballot for Kissimmee City Commission, Seat 2 for the November 6th general election.

This is a developing story. More updates are forthcoming.

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Mellissa Thomas is Editor for Florida National News. | mellissa.thomas@floridanationalnews.com