A special prosecutor has recommended that articles of impeachment be filed against Kissimmee Mayor Jackie Espinosa after finding probable cause that she personally benefited from a public grant program she spearheaded.

A Kissimmee resident in March filed an ethics complaint against Espinosa alleging that three businesses owned by her and her family received nearly $50,000 in funding from the city’s premier small business grant program, Business Boost 2.0, which launched in September 2025 and was funded by federal COVID-19 relief funds.

A Thursday report from Mayanne Downs, the special prosecutor assigned to the complaint, recommends not only that the Kissimmee City Commission seek articles of impeachment against Espinosa, but that the matter be referred to law enforcement. It is now up to city commissioners to decide how to proceed.

“Public office is a trust, not a trough. The program was created to help Kissimmee’s small businesses survive a pandemic, not to enrich the official who controlled it,” Downs wrote in the report.

Espinosa could not be reached for comment Thursday or Friday by phone, at Kissimmee city hall or at the addresses listed in public records for her residence and business.

Her attorney, Migdalia Perez, said in a statement late Thursday night that Espinosa “remains confident that a fair and impartial review of the complete record will demonstrate that impeachment is neither legally justified nor supported by the evidence.”

Downs’ report found that Espinosa had violated city codes by engaging in official actions that were a prohibited conflict of interest, failing to disclose her personal interest in the official actions, and failing to follow the ethical guidance of the city attorney. Legally, however, it functions only as a recommendation.

Any future actions will be determined by the city’s four other commissioners. Vice Mayor Angela Eady and City Commissioner Janette Martinez declined to comment Friday. Commissioners Noel Ortiz and Carlos Alvarez could not be reached.

Espinosa, who spoke with Downs during the investigation, did not deny that the three businesses received the money, and she also acknowledged the payments in a previous interview with the Orlando Sentinel.

But according to Downs’ report, Espinosa said in her defense that she was warned she couldn’t take the money only after she had already received it. Downs wrote in response that an elected official does not need to be warned to know the law or follow it.

Downs also noted that Espinosa did not attempt to return the money after she received the warning from the then-city attorney and that the mayor acknowledged in an interview that she never sought an opinion from the Florida Commission on Ethics, though she could have. Espinosa did, however, lead a successful effort to fire the city attorney, saying she had long been displeased with her job performance.

Espinosa was elected mayor in November 2024.

Alexander Alemi, 39, the Kissimmee citizen who submitted the ethics complaint, said Friday he was pleased with Downs’ findings.

“I think this is a sign that the system still works,” he said. “People too often these days feel they have no voice or power. Our laws only work if they’re upheld, and our city government only works if you participate.”

Espinosa’s businesses applied for the grants in September 2025 and received funds in November of the same year. The city’s economic development department oversees the program and decides who gets the money. The program offers businesses between $5,000 to $20,000 to cover operational costs, retain employees or offset debt from the COVID-19 pandemic. It is funded though federal American Rescue Plan Act (ARPA) dollars.

Adanse LLC is 100 percent owned by Espinosa, according to Downs’ report, and received $20,000. Kissimmee Diner Inc. received $15,000 and is registered under Espinosa. The Real Estate Gallery LLC received $15,000 and is registered under Espinosa’s husband.

Downs’ report says that Espinosa participated in commission actions to fund and expand the Boost 2.0 program from Dec. 2024 to Sep. 2025.

In a potential glimpse of the mayor’s defense, the statement from Espinosa’s attorney said impeachment “should not be recommended merely because an elected official applied for a generally available relief program, particularly where eligibility was determined by staff under objective criteria and there is no evidence that the Mayor manipulated the process or used her office to secure preferential treatment.”

Espinosa initially tried to stop Downs’ investigation, which had been recommended by the city commission following the citizen complaint and then launched by a judge.

She sought a court order halting it, arguing in her appeal that the Florida Commission on Ethics – not the city – held authority over ethics matters. Downs wrote the appeal was of “questionable merit,” noting that Florida law allows cities to enact their own ethics codes if it doesn’t conflict with state statute.

Espinosa at first refused to cooperate, according to the report, before ultimately meeting with Downs, answering questions and providing written information.

Espinosa’s appeal delayed the proceeding and drove up its cost, Downs wrote, and Downs had to defend the process.“I was just so disappointed spending time and energy doing an appeal that was wrong,” Downs said in an exclusive phone interview Thursday. Downs said the complaint and the appeal cost her firm over $25,000.