Cummings pleads guilty to three felony charges
Former City Council member sentenced to probation in election fraud case
Former Cape Coral Councilmember Patty Cummings, who was charged with three felonies for lying on her election paperwork and subsequently suspended from office by the governor has entered a plea deal with the State Attorney’s Office.
Cummings was sentenced Monday to 24 months of probation after pleading guilty to lying about where she lived while running for the District 4 Council seat in 2022.
Cummings, 52, pleaded guilty to fraudulent application for a driver’s license and two counts of false swearing in connection with or arising out of voting, all third-degree felonies.
She is not allowed to run for or hold an elected office while on probation and was ordered to pay $6,266.63 for the cost of the investigation, $413 in court costs, and $100 for the cost of prosecution.
The State Attorney’s Office issued an arrest warrant in November 2023 following a State Attorney’s Office investigation.
Cummings voluntarily turned herself in to the Lee County Jail on Nov. 14, and initially entered a plea of not guilty in December during an arraignment.
It was also recently revealed that Cummings received a diagnosis of stage 3 lung cancer.
She referenced her health in a prepared statement released Tuesday evening:
“To the people of Cape Coral,
“Sometimes things aren’t always as they appear. I have chosen which battle is the most important to fight and it’s my health and family.
“I am Embracing the unknown with an open heart-with my family and dear friends, we’re turning this challenge into hope and resilience, one day at a time. ‘For we live by faith, not by sight’ 2 Corinthians 5:7
“I extend my heartfelt thanks for your incredible support during these challenging times. Your encouragement and understanding have been a tremendous source of strength. I am deeply grateful for your kindness, prayers and for standing by me.
“Thank you and God Bless.”
The investigation into Cummings’s residency started with a citizen complaint.
Julia Ettari, who lodged the signed complaint first sent to Florida Attorney General Ashley Moody, said she believes the more than $23,000 it cost the city and taxpayers to investigate Cummings should be paid back.
“Where is the restitution for the victims?” Ettari said. “When you plead guilty, the victims are supposed to have restitution — the victims in this case being the Cape Coral citizens. Citizens should be getting back the money that she cost them. I do not understand why that’s not happening. The people that donated to her campaign. The people that she stole from, which was the citizens, and the money she was paid (while serving as a council member) is supposed to go back. Plus the money for the investigation. It’s a matter of legality.”
SAO investigator Martin J. Kenney’s conclusion into the complaint that alleged Cummings did not live in District 4 when she sought the seat found there was probable cause to believe that law was violated on May 9, 2022, through Nov. 18, 2022.
The summarized findings include:
1. On or about May 9, 2022, in Lee County, Florida, Patty Lee Cummings did unlawfully and knowingly make false statement, knowingly conceal material fact, or otherwise commit fraud in an application for driver license or identification card, contrary Florida State Statute 322.212(5)(a).
2. On or about June 14, 2022, in Lee County, Florida, Patty Lee Cummings did unlawfully and willfully swear or affirm falsely to an oath or affirmation in connection with or arising out of voting or elections, contrary to Florida State Statute 104.011(1).
3. On or about November 18, 2022, in Lee County, Florida, Patty Lee Cummings did unlawfully and willfully swear or affirm falsely to an oath or affirmation in connection with or arising out of voting or elections, contrary to Florida State Statute 104.011(1).
Former District 4 Councilmember and current District 4 candidate Jennifer Nelson, who narrowly lost the 2022 election to Cummings, said, “I have the greatest respect for State Attorney Amira Fox and her team for their diligent and comprehensive investigation into this matter. Their efforts have led to a resolution regarding the fraud committed, which has now been openly acknowledged and admitted by Ms. Cummings. I would like to extend my sincere wishes for her health and well-being in hearing about her recent diagnosis.”
Ettari added that she was pleased with Gov. Ron DeSantis’ action to suspend Cummings, and that something similar never repeats itself.
“The governor made a solid example of (Cummings’) behavior,” she said. “Let’s hope nobody tries this again. I did this because of election integrity. I think we should have integrity in our punishment as well, and this is not it, just making her give back what the state made out, and not what the city made out. It’s not acceptable in my opinion.”
The Breeze reached out to Mayor John Gunter for comment, but did not receive a response as of press time.
Editor’s note: This story has been updated to include comment from Ms. Cummings.
To reach CJ Haddad, please email cjhaddad@breezenewspapres.com