In an email to the Orlando Sentinel, De Groft said he was “going to war to get my good name back, my professional standing and personal and professional exoneration.”

De Groft was fired by the museum’s board in June 2022, shortly after the FBI raided the “Heroes & Monsters” exhibition and seized art purportedly by acclaimed artist Jean-Michel Basquiat as part of a fraud investigation. The museum’s lawsuit, filed in August against De Groft and the owners of the artwork, claims they colluded to use the exhibition to raise the value of the art and thereby increase personal profits by selling the art later.

Orlando Museum of Art, defendants negotiating lawsuit settlement

“I have kept my head down and suffered slings and arrows and humiliations when I did nothing wrong and all everyone else did was lie, misreport, make things up, get so much wrong,” De Groft wrote to the Sentinel.

In his countersuit, De Groft strikes at the center of the museum’s case: That he and the owners knew the artwork was fraudulent.

“OMA’s lawsuit against Defendant is based on the false premise that the 25 Basquiat paintings in the exhibition Heroes & Monsters (“Exhibition”) were fakes, Defendant actually knew they were fakes, but Defendant nonetheless represented to OMA that they were authentic because he wanted to sell them and receive a hefty sales commission from the owners,” his filing begins. “There is not a kernel of truth to this absurd allegation.”

Despite lawsuit’s claims, Orlando Museum of Art tight-lipped about how much damage it has suffered

De Groft goes on to accuse the museum of firing him illegally and orchestrating a campaign “to destroy him.”

A museum spokeswoman told the Sentinel, “At the advice of counsel, the Orlando Museum of Art is not offering any comment on this pending litigation.”

While the museum’s original suit says De Groft breached his fiduciary duty to the museum by failing to follow the proper procedures to authenticate the art, his countersuit points the finger at former board chair Cynthia Brumback, who left the organization last December.

De Groft says Brumback never told the board of trustees about an FBI subpoena received by the museum —  a claim that has been corroborated by several former trustees.

“As a result, the Board was completely in the dark about such an extraordinary, unprecedented and dangerous situation,” De Groft’s suit says. “The Board should have been immediately informed by Brumback. Brumback outrageously breached her fiduciary duty in masterminding this cover-up.”

The countersuit, filed Tuesday, also takes aim at Akerman, the law firm retained by the museum to investigate the affair and currently representing the institution in the lawsuit. De Groft says Akerman — as well as the FBI — advised him and Brumback there was no reason to cancel the “Heroes & Monsters” exhibition, thereby fortifying his belief the paintings were authentic.

The countersuit notes the original legal filing shows that Akerman was aware the firm had been engaged to investigate the exhibition without the knowledge of the full board.

“Akerman thus became a co-conspirator with Brumback in the coverup and flagrantly breached its fiduciary duty to OMA,” De Groft’s countersuit states.

The countersuit calls for Akerman to recuse itself from the lawsuit because Florida ethics laws prohibit lawyers from being both witnesses to the issue at hand as well as advocates for one party in the dispute.

“If Akerman does not immediately withdraw, Defendant will file a motion for their disqualification,” De Groft’s suit threatens.

Orlando Museum of Art said it filed its suit because the actions of De Groft and the owners harmed both its reputation and finances. De Groft’s countersuit says he has suffered the same fate because of the museum’s failings.

“OMA’s lawsuit is a transparent public relations stunt intended to save face and to wrongfully make Defendant a scapegoat for the FBI’s seizure of the 25 paintings,” the countersuit states.

While De Groft did not specify what sort of damages he sought beyond the legal category of “in excess of $50,000,” the countersuit indicates big money could be in play.

“Defendant’s conclusion that the 25 Basquiats are authentic will be proven at trial, thereby dealing a much-deserved, fatal blow to OMA’s lawsuit and exposing [the museum] to tens of millions of dollars for its outrageous treatment of [De Groft] and deliberately trashing his excellent reputation,” the suit says. “Acts have consequences, and intentionally malicious acts are punished harshly. An Orlando jury will teach OMA a lesson that it will never forget.”

Follow me at facebook.com/matthew.j.palm or email me at mpalm@orlandosentinel.com. Find more arts news and reviews at orlandosentinel.com/arts, and go to orlandosentinel.com/theater for theater news and reviews.

At a law office in downtown Orlando, Worrell pointed to the reintroduction of the Orange-Osceola State Attorney’s Office’s adult civil citation program, which was initially discontinued by appointed state attorney Andrew Bain before he announced Monday it will resume this month. The program offers alternatives to arrest for non-violent offenders, such as counseling or community service.

She further cited her office’s conviction rates, with what she said was a 70% felony conviction rate and 99% for homicide cases in the second quarter. On Monday, Bain reported strikingly similar numbers: convictions in 71% of felony trials and all of five homicide cases for his first 100 days.

“Not surprisingly, most of what he reported were the exact same things I was doing under my administration,” Worrell told reporters. A spokesperson for Bain did not immediately respond to a request for comment.

Worrell’s press conference comes less than a month before her legal team is scheduled to present oral arguments before the Florida Supreme Court in an attempt to be reinstated as state attorney. Lawyers for Gov. Ron DeSantis said the Florida Senate is the proper venue for reinstatement, calling her suspension a “political question.”

The hearing is set for Dec. 6.

DeSantis appointed Bain, a former Orange County judge, after suspending Worrell on Aug. 9 for what he said was a dereliction of duty for not prosecuting certain crimes more aggressively. Cited in his suspension order were alleged policies to avoid pushing for mandatory minimum sentences along with prosecutors dropping cases involving illegal guns and drug trafficking.

Worrell on Monday said the governor to date has not offered “not one scintilla of evidence” supporting those claims, adding that cases involving minimum mandatory sentences were handled “with care and caution.” She also further questioned data reported by the Osceola County Sheriff’s Office regarding her office’s handling of their drug trafficking cases. Sheriff Marcos Lopez said she refused to prosecute many cases, but Worrell insists cases had to be dropped because of mishandled investigations.

DeSantis, who critics say went after Worrell for exercising prosecutorial discretion, counts law enforcement leaders among his supporters in the lawsuit against him. Earlier this month, the Florida Sheriffs Association filed a brief urging the Supreme Court to uphold Worrell’s suspension, which came after a months-long feud between her and local leaders.

“Law enforcement’s biggest contention with me was that I didn’t rubber stamp their decisions and that I did hold them accountable when they broke the law,” Worrell said. “That is why they wanted me out of office and that is why you see them laud and praise the governor’s state attorney [Bain], because they are all carrying out the governor’s agenda.”

On Monday, Bain said he plans on running for election against Worrell to keep his position as state attorney. Records show Worrell and Republican Seth Hyman have filed as candidates.

Pinnacle at the Wesleyan, includes 96 units on West Vine Street in Kissimmee that will be priced at or below 80% of the area’s median income for 50 years. The apartments— a mix of which will be mostly 2 bedrooms —will begin construction in December and are set to open in May of 2026.

The developer has 32 years to pay the no-interest loan back, which will be distributed over two years, according to meeting notes.

Commission Chair Viviana Janer said it is important that the county looks for innovative ways to create affordable housing.

“We do like the public-private partnerships in order to get them done,” Janer said on Monday.

Staff recommended the county manager fund a gap created by the rising costs of construction and labor, according to Board of County Commission meeting notes from March.

In a June letter to Pinnacle Housing, County Manager Don Fisher commitment to fund the project, saying the county is in need of more affordable housing.

The project is also being funded by a $500,000 loan from the city of Kissimmee, which approved it in June; low-income housing tax credits from the Florida Housing Finance Corp.; and $4.3 million from Live Local Act funds, according to Nov. 13 board of county commission meeting notes.

In total, the development is estimated to cost over $33.8 million, according to meeting notes.

The Pinnacle at the Wesleyan will be one of the first projects in the county that is using funds from the newly established Live Local Act through the Florida Housing Finance Corp. to build affordable housing in the county.

The Live Local Act or Senate Bill 102 was signed by Gov. Ron DeSantis in March and established a $711-million fund  for affordable housing but also diminished the authority of local municipalities to set their own zoning and height regulations on new affordable developments.

“I think the state really needs to trickle that money down to communities that are really truly dedicating their time and resources to affordable housing like Osceola County,” Commissioner Peggy Choudhry said of the act. “Regardless, we are dedicating a lot of time and effort and we’re doing all we possibly can to bring more affordable housing.”

Pinnacle Housing and the Florida Housing Finance Corp. did not respond to requests for comment.

The system brewing near South Florida is an area of low pressure that already has brought a flooding threat to the state with a flood watch up the coast from Miami to Volusia County as well as inland portions of Brevard and Volusia counties.

The National Weather Service issued a tornado warning for Marathon, Big Pine Key and Key Colony Beach through 7 a.m. Wednesday as bands moved across the state.

The heavy rains that have already dropped as much as 5 inches through Tuesday in some places could combine with king tides along the state’s southeast coast to further the flood threat. The National Weather Service in Miami said some areas of South Florida could see well over 10 inches of rain through Thursday.

For Central Florida, the NWS in Melbourne said the region could see 20-25 mph winds with gusts up to 40 mph along the coast and inland to about Interstate 95 and 15-20 mph winds with 30 mph gusts across the rest of east Central Florida. A wind advisory is in place through at least Thursday afternoon.

Coastal erosion is expected to continue as well with 6- to 9-foot large breaking waves, rough surf and wave runup to the dune line at high tide. Coastal Volusia is still recovering from severe erosion from hurricanes Ian and Nicole in 2022.

“During yesterday morning`s high tide, many beaches were completely covered by surf to the seawall and dunes, and waves were running up into access roads and walkways,” NWS forecasters said.

11/15 7AM Heavy Rainfall Threat Update: Confidence continues to increase regarding the potential for heavy rain beginning later this morning and continuing into Thursday.
Here are the latest probabilities in terms of rainfall amounts across the area. (1/3) pic.twitter.com/f3kXwXuIIm

— NWS Miami (@NWSMiami) November 15, 2023

It’s forecast to move to the northeast near the Bahamas and offshore of the U.S. East Coast into the weekend.

“Although development into a tropical cyclone appears unlikely, this system is expected to produce gusty winds and heavy rains across portions of southern Florida, the Florida Keys and the Bahamas during the next couple of days,” forecasters said.

The NHC gives it a 10% chance to develop in the next two to seven days.

In the southwestern Caribbean, the NHC has dialed back slightly the prediction of development of a large area of disorganized showers and thunderstorms from a broad trough of low pressure.

“Environmental conditions appear marginally conducive for development of this system, and a tropical depression could form late this week while the system begins moving northeastward across the western and central portions of the Caribbean Sea,” forecasters said.

It could threaten Jamaica, Cuba, Haiti, the Dominican Republic, southeastern Bahamas and the Turks and Caicos Islands in the coming days, the NHC warned.

“Regardless of development, this system has the potential to produce heavy rains over portions of the Caribbean coast of Central America and the Greater Antilles through the end of this week,” forecasters said.

The NHC gives it a 40% chance to develop in the next two days and 50% chance in the next seven.

The 2023 Atlantic hurricane season, which runs through Nov. 30, has already produced 21 official systems and 19 named storms. The final available names from the year’s initial 21-name list are Vince and Whitney.

That will come later after staff discussions, Orange County Administrator Byron W. Brooks said.

Commissioners said some of Visit Orlando’s 30% share of every tourist-tax dollar could be better spent addressing more pressing county needs like the scarcity of affordable housing or funding other worthwhile projects.

“What we’re talking about is balance,” said Commissioner Mayra Uribe, who first used the “haircut” term.

She suggested chopping as much as $30 million from the agency’s budget, much of which has been used for “global marketing” efforts in U.S. and international markets including Brazil, Canada, Mexico and the United Kingdom.

Visit Orlando gets $96 million. Lynx gets $54 million. That’s messed up | Commentary

The budget, which has grown from about $62 million in 2019 to an estimated $108 million next year, became a focus of debate for the board as it weighed requests for millions in future revenue from the tourist development tax.

The tax, also known as TDT or bed, hotel, resort or tourist tax, is a 6% levy on the cost of a hotel room, home-sharing rental or other short-term lodging in Orange County. Revenues in fiscal year 2022-23, which ended Sept. 30, topped $359 million, shattering the previous mark of $336.3 million set the year before.

Under a county agreement approved in 2019, Visit Orlando’s share of tourist-tax money grew over the past four years from 23% to a 30% cap in 2023, with funds promoting the region’s attractions and luring conventions to town.

Uribe suggested an annual budget between $70 million and $80 million.

Commissioner Emily Bonilla said $75 million a year or 25% of hotel-tax collections — whichever was less.

Casandra Matej, Visit Orlando’s president and CEO, said the agency is important, not only to theme park giants Walt Disney World and Universal Orlando, but to hundreds of smaller attractions, hotels and restaurants that employ 450,000 workers.

She said the agency’s work has helped make Orlando among the most-visited travel destinations in the world — a title it must fight to retain as competition for tourists heats up with old rivals like Las Vegas and new ones such as Dubai.

Matej said Orlando boasts 130,000 hotel rooms with an annual occupancy rate of 75% but still has room to grow.

“What we know is if we can grow the occupancy number even one or two percentage points that could be hundreds of millions of TDT dollars to use within the community,” she said.

After defending the agency’s work inside the chambers, Matej left sounding resigned to likely cuts.

“It is disheartening the fact they want to cut our budget because we are part of the tourism ecosystem and, I think, a very important part of that,” she said. “I think there’s going to be more conversations ahead to understand what their direction, their priorities are but hopefully we were able to share with the community the importance of Visit Orlando.”

Since the summer, commissioners have weighed requests for a $560 million expansion of the Orange County Convention Center, a $400 million upgrade of Camping World Stadium, a $90 million appeal for a sports tower at the University of Central Florida’s football stadium and other projects that are expected to draw tourists to Orlando.

Dozens of people signed up to plead with commissioners to support Visit Orlando, including hospitality workers, many of whom wore orange T-shirts distributed by the agency bearing the message: “When tourism works, so do I.”

Some hoteliers and International Drive executives spoke out against a budget cut for the nonprofit marketing group, citing growing domestic and global competition that threatens to take Central Florida’s title as tourism capital.

“There’s huge investment in tourism in foreign countries right now and they’re going after our visitors,” said Chris Jaskiewicz, president & CEO of ICON Park Orlando, which includes the 400-foot-tall Wheel and other attractions on I-Drive. “When I consider the billions being spent there, I think we should raise Visit Orlando’s marketing budget not cut it.”

But Michael Perkins, board president of the Christian Service Center for Central Florida which serves homeless people, said the county should do all it can “to prevent a crisis of homelessness from impacting our area more than it already is.”

“Let the theme park companies and hotel conglomerates market for themselves,” Perkins said.

shudak@orlandosentinel.com

“Thank you very much, I appreciate the confidence of the vote from all of you,” said Zembower after the unanimous vote by his fellow board members. He replaces Commissioner Amy Lockhart.

The county chair presides over county commission meetings, signs legal documents on behalf of the commission and appoints fellow commissioners to committees.

The commission chair selection, however, brings a level of political interest not seen in recent years, as Lockhart and other county officials clashed with Supervisor of Elections Chris Anderson.

The county chair also sits on Seminole’s canvassing board — which every election cycle oversees the voting process in the county — along with a county judge and the supervisor of elections. The canvassing board is responsible for testing voting machines, overseeing the counting of ballots and conducting a post-election audit of the voting system.

Anderson — who is Seminole’s first Black supervisor of elections — has expressed concerns about racism in the county, including in letters and in an emotional video he posted on TikTok in late August.

In response, then-chair Lockhart sent a letter on Oct. 3 to Gov. Ron DeSantis, which asked his office to investigate what she called Anderson’s “erratic” and “combative” conduct.

“Mr. Anderson’s outward displays of resentment include candidates who will be on the ballot in an upcoming election,” Lockhart said in her missive. “One must wonder if they will be able to participate confidently in the electoral process and without fear of retaliation by the person counting the votes.”

The Governor’s Office has not said publicly whether it will pursue Lockhart’s request for an investigation.

On Nov. 3, Anderson and other members of the canvassing board — including Lockhart — had a tense meeting in which Anderson called to remove Phil Kaprow as the board’s attorney. But Lockhart and county Judge Carsandra Buie voted to keep Kaprow as the canvassing board’s attorney.

The tension comes less than a year before a large countywide election in November 2024, in which Seminole voters will cast ballots for an array of candidates — including the U.S. President, U.S. Senator, Congressional and state representatives, along with three county commission candidates and five county constitutional officers. Anderson’s position as supervisor of elections will be on the ballot next year, and he has said he plans to seek reelection.

As the new chairman, Zembower will serve on the canvassing board for that next election cycle. However, Lockhart will stand in for Zembower at the next canvassing board meeting at 10 a.m. Wednesday at the Supervisor of Elections Office, 1500 E. Airport Blvd., in Sanford.

Commissioners on Tuesday also selected Andria Herr to continue serving as the board’s vice chair.

Zembower last served as chair in 2020 during the outbreak of the COVID-19 pandemic when local governments were struggling with whether to impose restrictions to prevent the spread of the disease.

“Does somebody know something about a pandemic about to break out?” Zembower joked after Tuesday’s vote from commissioners.

He later lauded Lockhart for serving as chair when the board hired this year county Manager Darren Gray and county Attorney Kate LaTorre.

“I’d like to take a moment and thank Chairman Lockhart for her leadership in on-boarding a new county manager and a new county attorney — the two key positions in our county,” Zembower said.

mcomas@orlandosentinel.com

In its tropical outlook on Tuesday, the NHC said a broad trough of low pressure in the southwestern Caribbean Sea is producing a large area of disorganized showers and thunderstorms.

“Environmental conditions appear conducive for development of this system, and a tropical depression is likely to form during the latter part of the week while moving northeastward across the western and central portions of the Caribbean Sea,” forecasters said.

The system could bring rough weather to Jamaica, Cuba, Haiti, the Dominican Republic, southeastern Bahamas and the Turks and Caicos Islands, the NHC warned.

“Regardless of development, this system has the potential to produce heavy rains over portions of the Caribbean, coast of Central America and the Greater Antilles through the end of this week,” forecasters said.

The NHC gives the system a 20% chance to develop in the next two days and 70% in the next seven.

1 pm EST Nov. 14: A broad area of low pressure is expected to form over the SW Caribbean by Thursday and has a high chance of becoming a tropical depression late this week. Interests in the Greater Antilles should monitor this system's progress.https://t.co/DboWSR4Ct1 pic.twitter.com/9OnyMENUPx

— National Hurricane Center (@NHC_Atlantic) November 14, 2023

The 2023 Atlantic hurricane season has had 21 official systems, including an unnamed subtropical storm in January and 20 more since the official start of the six-monthlong season that began on June 1.

Of those, 19 have gained at least tropical storm status and taken names from the 21-letter list provided by the World Meteorological Organization, which skips the letters Q, U, X, Y and Z. The next name on the list is Vince.

The end of hurricane season is Nov. 30, but any system that develops in December would also be included in the 2023 tally.

Seminole

Pho Au Lac Restaurant And Teahouse at 158 Tuskawilla Road Suite 1300 in Winter Springs shut down on Nov. 7. Inspectors found 16 violations, six of which were a high priority.

Those violations included roach excrement, food held at the wrong temperatures, an improperly stored toxic substance and a sanitizing solution exceeding the maximum concentration allowed.

Officials revisited the restaurant on Nov. 8. They found five violations, but none were a high priority.

The restaurant met inspection standards.

Complaints and warnings

Orange County had the top spot for most warnings and other complaints in Central Florida, with 25.

Volusia had 16, Brevard had seven, Lake had one, Seminole had five and Osceola had five. Warnings given with required follow-up inspections could lead to a business being shut down if problems remain.

Temperatures will be in the high 60s and low 70s across the region, according to NWS Melbourne.

Onshore winds will be at 15-25mph and are expected to increase to 30-35mph Tuesday afternoon.

There are numerous advisories for hazardous seas, surf and rip currents.

Experts advise residents to stay off boats and away from beaches.

A high tide is expected between 8 a.m. and 8:30 a.m., according to NWS Melbourne.

Volusia and Martin counties are vulnerable to pounding waves on the shoreline.

In August, the museum sued former director Aaron De Groft and the consortium of individuals who owned the art attributed to Basquiat, an acclaimed artist who died in 1988. The nearly century-old Loch Haven Park institution alleged a conspiracy in which the defendants planned to use the museum show to give the art credibility so it could later be sold for personal profit — despite not knowing for certain if the works were authentic.

De Groft, who was fired by the museum, and defendant Pierce O’Donnell, a Los Angeles attorney, have said the charges are baseless but have not yet filed a formal response to the suit. In the most recent court filing this month, the museum disclosed it had given the defendants more time for their response, partly because several of them — including De Groft — still had not obtained Florida legal counsel.

The filing with Orange County circuit court was necessary because a standard pre-trial conference with the case’s presiding judge had been scheduled for Nov. 14. Last week, the museum and the defendants asked for a postponement of that conference, which Judge John E. Jordan approved Monday.

Postponements of that nature are routine as cases are being prepared, said Ginny Childs of Akerman, the law firm representing the museum, and don’t represent a substantive shift by either party in the case.

Despite lawsuit’s claims, Orlando Museum of Art tight-lipped about how much damage it has suffered

In its lawsuit, the museum claimed its finances and reputation were grievously injured by the 2022 “Heroes & Monsters” exhibition, which closed abruptly in June of that year when FBI agents seized the paintings as part of an investigation into fraudulent art. Authentic Basquiat works sell for millions of dollars.

Later, California auctioneer Michael Barzman told the FBI he helped create some of the exhibition’s art years after Basquiat’s death. O’Donnell and De Groft maintain Barzman was lying to avoid jail time; he received only probation and a fine at his sentencing in August.

The museum sought a jury trial in its lawsuit, but the recent court filing indicates the case won’t get that far if a deal can be reached.

‘A truth stranger than fiction’: Basquiat lawsuit details secrets, threats and conspiracies at Orlando Museum of Art

One of the factors cited in postponing the conference with the judge states: “The parties are currently engaged in settlement negotiations, the outcome of which has the potential to dispose of further litigation proceedings.”

As is customary, neither representatives of the museum nor the defendants would comment on any behind-the-scenes settlement negotiations.

Late last month, Orlando Museum of Art settled a lawsuit in which it had been sued by singer Sisaundra Lewis, who claimed her reputation had been damaged by use of her photo on the museum’s website after the Basquiat scandal. Details of that settlement were not revealed.

In the ongoing case, the pre-trial conference between the judge and lawyers for the museum and defendants is now scheduled for Jan. 2.

Follow me at facebook.com/matthew.j.palm or email me at mpalm@orlandosentinel.com. Find more arts news and reviews at orlandosentinel.com/arts, and go to orlandosentinel.com/theater for theater news and reviews.