Commissioners Pursue Legal Challenge Against New State Ethics Law Mandating Extensive Financial Disclosure

by News Staff January 19, 2024

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By Kevin Deutsch

On Thursday, Coral Springs commissioners took a step toward joining a legal action to challenge a new state law that forces them to disclose more about their finances.

The body unanimously gave City Attorney John Hearn permission to move forward with work on the potential litigation, which would allege the new ethics law, SB 774, violates commissioners’ rights to privacy and free speech.

The law firm Weiss Serota Helfman Cole and Bierman is looking to bring the legal action with at least ten municipalities, Hearn said. The city’s legal costs in the court challenge would be capped at $10,000, he said.

The ethics law, which took effect Jan. 1, requires municipal elected officials to file the Form 6 disclosures that reveal the same details about their finances that county commissioners, judges, sheriffs, state legislators, school board members, the governor, and his cabinet are already required to disclose.

The law has led to a wave of resignations by Florida elected officials, who are choosing to leave office rather than file the Form 6. Until now, city commissioners were legally required to file a disclosure document known as Form 1, which requires much less information about their finances.

Under the new legal requirements, commissioners must electronically file Form 6 and disclose the amount of all income, assets, and debts over $1,000, including bank accounts, cash, addresses, and values of property owned and major clients of their business representing 10 percent or more of a firm’s annual income, according to the Sun Sentinel. The public officials must also disclose a net worth.

The law passed in the legislature last year with overwhelming bipartisan support and just seven “no” votes.

At Thursday’s commission meeting, Commissioner Joshua Simmons volunteered to be named individually in the legal action if necessary.

“I do see what’s happening around Florida. There are entire commissions resigning because of this, and it’s incredibly intrusive,” said Simmons. “I’m happy to see if we can do anything to help get back to a cleaner democracy and allow those folks that want to run without having to give up, basically, their social security number … to serve their areas.”

Mayor Scott Brook spoke of privacy concerns posed by the law and said he was “happy we are putting this forward.”

A temporary injunction could be sought as part of the legal effort, Hearn said. As of right now, the Form 6 would have to be filed by commissioners in July, he said.

The commission previously passed a resolution in February 2022 opposing the disclosure changes.

Supporters of the law said it will help combat corruption and financial conflicts of interest.

One of the bill’s sponsors, state Sen. Jason Brodeur, R-Lake Mary, told WPTV that “if making money and keeping that private is more important to you, then don’t run” for office.

State Rep. Spencer Roach, R-North Fort Myers, who supported the bill, told the station:

“To those people who are contemplating resigning or have resigned, I would have one simple question for them,” Roach said. “What is it that you are trying to hide? Or what is it that you don’t want your constituents to know? And I would posit that those are probably the very officials that this bill is designed to target.”

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