Federal judge blocks new law requiring Florida officials to disclose net worth


Local elected officials across Florida will not be required to disclose their net worth after a federal judge on Monday temporarily blocked a new law requiring mayors and city commissioners throughout the state to file a more detailed financial disclosure form, called a Form 6, by July 1.

In a June 10 preliminary injunction, U.S. District Judge Melissa Damian ordered the Florida Commission on Ethics not to enforce a bill passed by the state legislature last year that set more stringent financial disclosure requirements for local elected officials.

Up until the law’s passage, local officials had to submit a Form 1, which does not include net worth but requires the disclosure of assets and liabilities of $10,000 or more. The new law lowered that threshold, requiring the disclosure of assets, liabilities and income sources over $1,000, in addition to the net worth disclosure requirement.

In her order, Damian wrote that it was not clear that increasing the financial disclosure requirement — which came about in an effort to deter corruption while increasing transparency and public trust in government — was “necessary.”

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The injunction was issued in response to a lawsuit filed against the Florida Commission on Ethics in February by dozens of Florida elected officials arguing that the new financial disclosure requirement violated the right of privacy in the Florida Constitution, as well as the First Amendment of the U.S. Constitution — specifically, the compelled speech doctrine, which prohibits the government from compelling people to say things they don’t want to say. Under the compelled speech doctrine, the government can’t force a person to recite the Pledge of Allegiance, for example.

Form 6 disclosures are not new. The governor, state lawmakers and county commissioners already file them, and city of Miami officials must also disclose their net worth. But the passage of the law spurred resignations of local elected officials across the state.

In a statement, Weiss Serota partner Jamie Cole, who represents the elected officials suing the Florida Commission on Ethics, called the Form 6 requirements “the most intrusive form of financial disclosure that I am aware of in the entire nation” and said that about 125 municipal elected officials in Florida resigned as a result of the new law.

The plaintiffs are also seeking a declaration from the court stating that the Form 6 disclosure requirements violate the First Amendment of the U.S. Constitution, as well as the privacy clause in the Florida Constitution.

Attorneys representing the Florida Commission on Ethics did not immediately respond to a request for comment.

The federal lawsuit is one of two filed by a group of elected officials against the state Ethics Commission in February about the Form 6 requirements. The other lawsuit, also pending, was filed in state court and includes individual municipalities as plaintiffs.

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