Fernandina Beach Commissioners Sue to Block Recall Certification as Court Battle Begins

By Mike Lednovich/Editor

Fernandina Beach City Commissioners Tim Poynter and Genece Minshew have filed suit in Nassau County Circuit Court seeking to stop the certification of recall petitions against them, arguing the effort is based on political disagreement rather than legally valid grounds for removal from office.

In a verified motion for temporary injunctive relief filed March 10, the two commissioners are asking a Judge Marianne Aho to block Nassau County Supervisor of Elections Janet Adkins from certifying the petitions or moving forward with the recall process.  They are also seeking to prevent further signature validation, placement of the recall on the ballot, and any election tied to the petitions.

The legal challenge follows a separate complaint filed March 6 seeking declaratory and injunctive relief, which similarly contends the recall effort fails to meet Florida’s statutory requirements.

The recall petitions, initiated in February by the political committee Recall FB of 2026 chaired by Pat K. Gass, cite two primary allegations against both commissioners: “misfeasance” and “neglect of duty.”

According to the petitions included as exhibits in the court filings, the allegations stem from:

• A vote on Oct. 21, 2025, to reject a citizen-initiated ordinance prohibiting paid parking; and

• A Jan. 6, 2026 vote to approve and implement the city’s paid parking program despite a potential future referendum and more than 1,700 petition signatures opposing it.

Attorneys for Poynter and Minshew argue those actions were lawful legislative decisions made in their roles as elected officials and cannot form the basis for a recall under Florida law.

At the center of the lawsuit is the claim that the recall petitions do not meet the narrow legal criteria required under Florida Statute 100.361, which limits recall grounds to specific misconduct such as malfeasance, misfeasance, neglect of duty, incompetence, or criminal conviction.

The commissioners’ filing states the allegations “amount to nothing more than political disagreement with policy decisions and legislative votes,” which courts have consistently ruled are insufficient grounds for recall.

The complaint further argues that voting on ordinances — including whether to enact or reject measures — is a core duty of elected officials and cannot be construed as misconduct.

Court documents outline the timeline of the recall effort:

• Recall petitions were circulated in February 2026

• The Fernandina Beach City Clerk accepted the petitions on Feb. 27

• The petitions were then forwarded to the Nassau County Supervisor of Elections for signature verification

Under state law, the Supervisor of Elections has until March 28 to complete verification of signatures.

The commissioners argue that allowing certification to proceed before judicial review would cause “irreparable harm,” including the cost and disruption of a recall election based on invalid grounds.

In both filings, Minshew and Poynter are asking the court to:

• Declare the recall petitions legally insufficient

• Block certification and further processing of the petitions

• Prevent the recall from appearing on the ballot or proceeding to an election

They also seek to halt the Recall FB of 2026 committee from continuing to collect or submit petitions.

The filings argue that permitting a recall election under these circumstances would undermine public policy and chill elected officials from making legislative decisions.

As part of the lawsuit, the court has issued summonses to both defendants — Adkins and recall committee chair Gass — formally requiring them to respond to the complaint.

According to the summons issued to Adkins, filed March 9 in Nassau County Circuit Court, she is required to serve a written response within 20 days after service or risk a default judgment.  The document identifies Adkins in her official capacity as Supervisor of Elections and directs service at her Yulee office.

A separate summons issued to Gass, also filed March 9, similarly orders a response within 20 days.  Gass is identified as chair of the Recall FB of 2026 political committee, which is sponsoring the recall petitions.

The issuance of summonses marks the formal commencement of litigation and triggers deadlines for the defendants to respond in court.

The legal action is the latest development in an increasingly contentious dispute over Fernandina Beach’s paid parking program, which took effect in February and has drawn both organized opposition and strong public debate.

The recall effort, previously reported by the Observer, targets Minshew and Poynter for their votes related to paid parking — a policy issue that has become a focal point of local political divisions.

The court’s ruling on the injunction request could determine whether the recall process proceeds or is halted before reaching the ballot, setting up a significant test of Florida’s recall statute and its application to policy-driven disputes.