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Florida judge blocks net worth disclosure law

Broadcast United News Desk
Florida judge blocks net worth disclosure law

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South view of the Miami skyline on April 5, 2023.

South view of the Miami skyline on April 5, 2023.

pportal@miamiherald.com

A federal judge on Monday temporarily banned elected officials across Florida from disclosing their net worth. Blocked a new law Mayors and city commissioners across the state are required to file a more detailed financial disclosure form, known as Form 6, by July 1.

In a preliminary injunction on June 10, U.S. District Judge Melissa Damian ordered the Florida Ethics Commission not to enforce Acts passed by state legislatures Last year, the bill established stricter financial disclosure requirements for local elected officials.

Prior to the passage of the law, local officials had to file a Form 1 that did not include net worth but required disclosure of assets and liabilities of $10,000 or more. The new law lowers that threshold to require disclosure of assets, liabilities, and sources of income of more than $1,000, in addition to requiring disclosure of Net worth disclosure requirements.

Damian wrote in her order that it was unclear whether increased financial disclosure requirements, which are intended to curb corruption while increasing transparency and public trust in government, were “necessary.”

The ban was in response to A lawsuit In February, dozens of Florida elected officials filed a lawsuit with the Florida Ethics Commission, arguing that the new financial disclosure requirements violated the right to privacy enshrined in the Florida Constitution and the First Amendment to the U.S. Constitution — specifically, the compelled speech doctrine, which prohibits the government from forcing people to say things they don’t want to say. Under the compelled speech doctrine, for example, the government cannot force a person to recite the Pledge of Allegiance.

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

Jamie Cole, a partner at the law firm Wes Serota, which is representing elected officials in suing the Florida Ethics Commission, called the Form 6 requirement “the most intrusive form of financial disclosure I know of in the entire country” in a statement and said about 125 municipal elected officials in Florida resigned over the new law.

The plaintiffs also seek a declaration that the Form 6 disclosure requirements violate the First Amendment to the U.S. Constitution and the privacy clause of the Florida Constitution.

An attorney representing the Florida Ethics Commission did not immediately respond to a request for comment.

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

Tess Riskey covers Miami City Hall. She is a graduate of Columbia School of Journalism and Seattle University.

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