Miami – A federal judge temporarily shot down a controversial Florida law called Ethics Form 6 which required elected officials statewide to disclose much more of their personal financial assets to the public.
Judge Melissa Damian issued a temporary injunction June 12 after plaintiffs in the lawsuit said the new requirements, which would have gone into effect July 1, were a violation of their Constitutional rights.
The law, which was an expansion of the Form 1 declaration of net worth, required elected officials and candidates to report the values of every asset they own worth at least $1,000, including homes, stocks and bonds, jewelry, art and items they inherit as beneficiaries.
The law also required them to disclose debts and liabilities above $10,000 and list creditors.
Legislators said the aim was to stem corruption, and gave officials until July 1 to comply, pay a daily fine or resign.
The more detailed disclosure requirements have prompted 130 elected officials statewide to step down.
Damian issued the temporary injunction filed by 175 elected officials from more than 40 cities statewide including Miami Springs, Key Biscayne, Miami Shores, Indian Creek and Golden Beach.
Jamie Cole, an attorney from the law firm of Weiss, Serota, Helfman, Cole and Bierman who represented the plaintiffs in the lawsuit, said the law violated the U.S. Constitution’s First Amendment rights. He said the Constitution protects an individual’s freedom of speech which includes the right to speak and the right not to speak.
“The government can’t force you to speak unless it’s something very compelling,” Cole said. “A city official should not have to disclose so much net worth.”
He said the 130 elected officials statewide who resigned rather than disclose extensive financial information wanted to avoid being victims of identity theft and kidnapping and extortion plots.
“They were worried that if their personal information gets out it can be damaging not only politically but ID theft,” he said. “Everyone is told not to put personal information over the internet but the Form 6 law forces officials to put the values of their homes and their addresses for potential wrongdoing. You’re telling people I have this and X amount of homes, stocks and bonds which is extremely dangerous.”
Cole said the judge based her decision on a lack of evidence from the state’s attorneys that can prove Form 6 would stop corruption rather than Form 1, which requires elected officials to fill out more limited financial disclosure papers each year.
He said the hearing took place on April 22 and the judge gave the state ample time to present new evidence to support their claim, but the state failed to do so.
“It’s impossible to come up with other evidence because there’s just nothing there,” Cole said.
The state could still appeal the judge’s decision. “The ruling was a major step in the right direction but we haven’t reached the finish line yet,” Cole said.
If the law is allowed, Cole said it could deter people from running for political office and make it difficult for governments to fill seats.
Republican Lake Mary Sen. Jason Brodeur said he sponsored Form 6 for more transparency in the personal financial assets of elected officials from cities, towns and villages.
Before Republican Gov. Ron DeSantis signed the bill, elected officials were required only to file Form 1 each year they were in office.
But the law caused ripple effects throughout Florida.
According to the Tallahassee Democrat, more than 125 elected officials resigned over the enhanced financial disclosure.
The Town of Reddick in Marion County lost the entire town council and mayor. Most of the North Palm Beach Village Council including the mayor also decided to leave office.
Both cities are struggling to replace them. In all, 27 elected officials in Palm Beach County stepped down.
The City of Miramar, which has a large Caribbean-American population and city council, said council members decided to comply with the new state law even before the judge’s ruling.
Janice McIntosh, Miramar’s marketing and communications director, said none of the elected officials have resigned or plan to resign.
“To date, one of our elected officials has already filed the form with the state and the others plan on filing by the July 1st deadline,” she said.
Elected officials from Miami Gardens, one of the largest African American cities in Florida with all Blacks serving on the council, decided to stay on and comply with Form 6. “The City of Miami Gardens had no elected officials who resigned,” officials said in an email.
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